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7,811 | Tianyi Wang | University of Pittsburgh | [
"7811_101.pdf"
] | {"7811_101.pdf": "Professor Has a Case After Penis Pic Got Out / May 2, 2014 woman who shared a picture of her married professor's penis after he allegedly got her pregnant and made her fear for her safety must face fraud claims, a federal judge ruled. While he was an associate professor at University of Pittsburgh Graduate School of Public Health in May 2012, Tianyi Wang began dating and having a sexual relationship with Aram Lee, his student research assistant in the Department of Infectious Diseases and Microbiology. He is suing her now in Pittsburgh for invasion of privacy, fraud, defamation and other claims. U.S. District Judge Arthur Schwab denied Lee summary judgment last week, explaining the allegations in the light most favorable to Wang, as the nonmoving party. Wang admits that the couple often sent photos of their genitals to each other, though he knew the university had a policy against sexual relationships between professors and students. When Dr. Charles Rinaldo and other university officials confronted Wang about the affair in mid-August 2012, both the professor and student denied it. But after Wang confessed to several church members in the following months, his wife found out and informed his parents and siblings. That winter, Lee learned she was pregnant with twins by Wang and moved to Washington, where Wang allegedly sent her cash, groceries, perfume, shoes and other items. On Feb. 28 and March 2, 2013, Lee revealed her sexual relationship with Wang in emails to university officials, police, and Wang's wife and church friends, according to the complaint. Lee allegedly said in these emails that Wang had been emailing her and that she feared for her safety. In a similar email Lee sent to Wang's wife and 37 others, Lee attached a photograph of Wang's penis, according to the complaint. Lee allegedly said Wang was disgusted by his wife and was sending Lee money and other gifts, but would never see their twins. Wang resigned from his job at Pittsburgh the next month. He said he had applied earlier that year for a faculty position at the University of Alabama at Try Litigation Reports or Log in Thursday, February 27, 2025 | Back issues Log in to CasePortal Thursday, February 27, 2025 Free Litigation Reports Find Judicial Opinions 2/27/25, 6:51 Professor Has a Case After Penis Pic Got Out | Courthouse News Service 1/3 Birmingham, that the school did not hire him because of concerns about his alleged harassment of Lee. As Wang applied to join the faculty at the University of Maryland in the summer of 2013, Lee was denied an anti-harassment action against Wang in Washington. She nevertheless emailed University of Maryland officials that said she was granted an order or protection against Wang in Washington, according to the complaint. Lee allegedly asked the school to serve him attached documents when Wang gave a speech at the school as part of the job interview. In September, a judge in Snohomish County, Wash., entered a permanent anti- harassment order that bans Wang from being within 100 yards of Lee or contacting her, according to the complaint. Wang said he soon rejected a three-year, $400,000 contract from Maryland. \"The following are examples of material facts that are in dispute: the extent the parties displayed affection in public; whether defendant was pregnant with twins and what happened to the pregnancy; what items plaintiff sent to defendant from Jan. 24 to Feb. 20, 2013; whether defendant accepted money that was allegedly sent to her by plaintiff; if defendant authored various emails; the purpose of these emails; the basis of defendant's anti-harassment petitions; when and how the University of Pittsburgh became aware of the parties' affair; the nature of the disciplinary consequences faced by a professor at the University of Pittsburgh where a professor had a relationship with a student; if plaintiff was forced to resign from the University of Pittsburgh or did so to avoid an investigation by University officials into his affair with defendant; and whether the University of Maryland's offer was reasonable or a 'polite way of rejecting' plaintiff,\" Schwab wrote. \"These disputed facts are central to plaintiff's claims.\" The parties may present witnesses and evidence at a non-jury trial, the ruling states. Categories Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world. Subscribe Additional Reads Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Subscribe to Closing Arguments [email protected] 2/27/25, 6:51 Professor Has a Case After Penis Pic Got Out | Courthouse News Service 2/3 \u00a9 2025, Courthouse News Service Terms of Use \u2022 Privacy Policy \u2022 Do Not Sell or Share My Personal Information About Us / Masthead / Advertise / Customer Support / Careers Connect with us on our social channels: \uf2d4 \uecba \uf3e7 Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 2/27/25, 6:51 Professor Has a Case After Penis Pic Got Out | Courthouse News Service 3/3"} |
8,327 | McKale Antonious | Moorpark Community College | [
"8327_101.pdf",
"8327_102.pdf",
"8327_103.pdf",
"8327_104.pdf"
] | {"8327_101.pdf": "tweet \u0000 Print This! \u2302Home \u00bb Santa Clarita News \u00bb Crime \u00bb Former College Of The Canyons Professor Convicted Of Sexual Battery Former College Of The Canyons Professor Convicted Of Sexual Battery \ue806Posted by: Devon Miller \ue803in Crime, Santa Clarita Latest News \ue805June 12, 2019 - 1:05 pm \ue8022 Comments \ue8043,277 Views former College of the Canyons professor has been convicted of sexual battery Tuesday, after an alle assault on the campus of Moorpark College, officials said. McKale Antonious, 51, of Sylmar, was found guilty of misdemeanor sexual battery by a jury, according to Ventura County District Attorney Gregory D. Totten. The crime occurred March 2, 2017 on the campus of Moorpark Community College. The victim was a female student in Antonious\u2019 class, according to the D.A\u2019s Office. During the trial, prosecutors presented evidence of a second uncharged sexual battery upon a female student allegedly committed by Antonious on the California State University, Los Angel The second incident occurred on Feb. 25, 2019, according to officials. Antonious was employed as a part-time math instructor at between 2009 and 2012, and again between 2017 and 2019, according to Eric Harnish spokesperson for the college. \u201cThe safety of our students is of the utmost importance, so his employment with the college was immediately terminated in March 2019 after he was ordered by a court not to have contact in a classroom or tutorial setting,\u201d Harnish said. Antonious has taught mathematics at various community colleges in Southern California, including College of the Canyons; California State University, Northridge; Pepperdine University; San College; Coastline Community College; and Moorpark Community College, according to officials. He has also used other names, including Zohair Isaac and Zohair Isshak, according to the D.A\u2019s office. Sentencing for Antonious is scheduled for July 5 at 8:30 a.m. at the Ventura County Superior Court. Like 95 Share You can use menu builder to build menus Search \uf167> y Tune In For Special Interview With Carolina Panthers\u2019 Trenton Irwin Tune In For Special Interview With Carolina Panthers\u2019 Trenton Irwin 2/27/25, 6:52 Former College Of The Canyons Professor Convicted Of Sexual Battery 1/4 Individuals who may have been victimized by Antonious are encouraged to contact Ventura County District Attorney Investigator Kristina Bertilson at (805) 477-1677. Ed. Note: This story has been updated with additional details about the employment dates at College of the Canyons Stop Information Overload Ethereal Search Engine Unbox a Monthly Surprise of Fun for You and Your Pup! Access Low-interest Funds for Home Renovations How Long Does $1 Million Last After 60? Achieve Total Peace of Mind With Ring Devices What You Need to Know About Car Loans 8 Reasons Your Car Insurance Rate Changes Stop Paying Too Much for Your Prescriptions - Compare Prices Today Get Ready to Rethink Your Workplace Shoe Game 2/27/25, 6:52 Former College Of The Canyons Professor Convicted Of Sexual Battery 2/4 tweet \u0000 Print This! Do you have a news tip? Call us at (661) 298-1220, or send an email to [email protected]. Don\u2019t miss a thing. Get breaking Santa Clarita News Alerts deliv your inbox. Report a typo or error, email [email protected] 98.1 and 1220 is Santa Clarita\u2019s only local radio station mixes in a combination of news, traffic, sports, and features along with your favorite adult contemporary hits. Sa news and features are delivered throughout the day over our airwaves, on our website and through a variety of social media platforms. Our national award-winning daily news brief read daily by 34,000+ residents vibrant member of the Santa Clarita community, the broadcast signal reaches all of the Santa Clarita Valley and parts of the high desert communitie the Antelope Valley. The station streams its talk shows over the web, reaching a potentially worldwide audience. Follow @KHTSRadio on Facebook, Twitter, and Instagram. Former College Of The Canyons Professor Convicted Of Sexual Battery Like 95 Share 2/27/25, 6:52 Former College Of The Canyons Professor Convicted Of Sexual Battery 3/4 \u00a9 2003-2025 Radio All Rights Reserved | Privacy Policy | Terms Of Use Policy Portal Chiquita Canyon Landfill Owners Back Out On Critical Economic Relief Program For Community Members \ue805February 27, 2025 - 3:19 pm Tune In For Special Interview With Carolina Panthers\u2019 Trenton Irwin \ue805February 27, 2025 - 2:55 pm The Master\u2019s Win Regular Season Championship \ue805February 27, 2025 - 2:32 pm Devon Miller was born and raised in Santa Clarita. He joined Radio as a digital marketing intern in September of 2017, and later moved to news as a staff writer in December. Mill College of the Canyons and served as the Associated Student Government President. Miller is now News Director for KHTS, covering breaking news and politics across the Santa Clarita Tagged with Previous: Things To Do In Santa Clarita, Santa Clarita Events \u2013 June 12, 2019 \u00ab UPDATE: Newhall Brush Fire Pr Evacuations At Master\u2019s Univers Percent Con 2/27/25, 6:52 Former College Of The Canyons Professor Convicted Of Sexual Battery 4/4", "8327_102.pdf": "College professor convicted of sexual battery June 14, 2019 former Moorpark College professor was found guilty Tuesday of sexually battering one of his students at the community college campus, the Ventura County district attorney\u2019s office announced. Sylmar resident McKale Antonious, 51, is expected to be sentenced July 5. The incident occurred March 2, 2017, when Antonious sexually battered a woman who was a student in one of his classes. During the trial, the district attorney\u2019s office presented evidence that Antonious, who has taught at numerous colleges in Southern California, sexually battered another female student on the Cal State Los Angeles campus in February 2019. Antonious, a math professor, also taught at College of the Canyons, Cal State Northridge, Pepperdine University, Santa Monica College and Coastline Community College. He went by other names, including Zohair Isaac and Zohair Isshak. Individuals who may have been victimized by Antonious are encouraged to call Kristina Bertilson, investigator for the Ventura County district attorney\u2019s office, at (805) 477-1677. \u2014Christina Cox Related Stories by Simi Valley Acorn Go To The News Section Fabric store makes measured cuts Note: This story was updated to reflect a new press release released Sunday, Feb. 23 by the company. County crafters... Toby Huffman Toby Tyrrell Huffman died at the age of 48 on January 28th, 2015 in Bali, Indonesia. Toby was a fine Jan. 3 man, 24, was arrested for attempted murder and aggravated assault in the 4300 block of Ish Drive.... Load More 2/27/25, 6:52 College professor convicted of sexual battery 1/1", "8327_103.pdf": "\ue069 ( > 2019 ( > June ( \ue816 ( \uf002 Professor who taught at convicted of sexual battery 12, 2019 \uf133 2:11 \uf017 Share Tweet Email \uf09a \uf099 \uf0e0 Professor McKale Antonious, who at one time taught at College of the Canyons, was found guilty Monday by a jury in Ventura County of misdemeanor sexual battery involving a student. District Attorney Gregory D. Totten for Ventura County announced the jury\u2019s verdict Monday. The crime occurred March 2, 2017, on the campus of Moorpark Community College. The victim was a female student in Antonious\u2019 class. During the trial, prosecutors presented evidence of a second uncharged sexual battery upon a female student allegedly committed by Antonious on the California State University, Los Angeles campus. The second incident happened Feb. 25, and is being considered for separate prosecution. Antonious has taught math at various community colleges, Senior Deputy District Attorney Andrea Haney said Wednesday. \u201cThe two witnesses we had were very compelling,\u201d she said. \u201cThey are the true heroes here,\u201d she added. \u201cThe protection of other students goes to them for having the courage to stand up and testify.\u201d Information pertaining to the more recent case has been turned over to the Los Angeles County District Attorney\u2019s Office, Haney said. The witness who testified about the more recent case is from Los Angeles County but not from the Santa Clarita Valley, she said. Sentencing for Antonious is scheduled for July 5 at 8:30 a.m. in courtroom 44 of the Ventura County Superior Court. Individuals who may have been victimized by Antonious can contact Ventura County District Attorney Investigator Kristina Bertilson at 805-477-1677. Antonious has taught at colleges that include: Pepperdine University, Santa Monica College, Coastline Community College and Moorpark Community College. He has also used other names such as Zohair Isaac and Zohair Isshak. [email protected] (mailto:[email protected]) 661-287-5527 On Twitter @jamesarthurholt approves 1% salary increase for teachers and staff ( staff 27, 2025 ( Light to moderate rain expected in coming week ( moderate-rain-expected-in-coming-week 27, 2025 board approves color scheme for Skyline school site ( site 27, 2025 ( ( Musk: Federal workers will get another round of \u2018pulse check\u2019 emails ( check-emails 27, 2025 warns 3 states, including California, over transgender sports ( sports 27, 2025 ( ( arrests more than 20,000 in past month ( more-than-20000-in-past-month 27, 2025 ( emphasizes emphasizes school school site site not not \u2026 \u2026 11 days ago 1 comment \u2022 Deals Deals may may convert convert movie movie ranch ranch owners\u2019 owners\u2019 \u2026 \u2026 16 days ago 2 comments \u2022 The Santa Clarita Valley Signal Comment Policy We want to foster an open, engaging and friendly commenting environment. Please read our Comment Policy before commenting. Got it What do you think? 0 Responses Share Best Newest Oldest Upvote Funny Love Surprised Angry Sad 0 Comments \ue603 1 Login Name Start the discussion\u2026 ? Be the first to comment. Subscribe Privacy Do Not Sell My Data Morning Rundown Filled with the top stories to start your day, and emergency news alerts. First Name * John Last Name * Smith Email * [email protected] 25060 Avenue Stanford, St. 141 Valencia, CA, 91355 Main Desk: 661-259-1234 Newsroom: 661-255-1234 Advertising: 661-287-5564 Have a news tip? Let us know! ( News Sections Coronavirus( Crime( Education( Environment( Politics & Government ( government/) Weather( More Sections Sports( Business Community( Opinion( Video + Podcasts( Sunday Signal( About Us Subscribe to Print( Contact Us( Advertise( Classified Ads( Event Calendar( Obituaries( \u00a9 2020 The Santa Clarita Valley Signal. The Signal is property of Paladin Multi-Media Group, Inc. (h tt p s: // fa c e b o o k. c o m /s ig n al s c v/ ) (h tt p s: // t w it te r. c o m /s c v si g n al ) (h tt p s: // in st a g r a m .c o m /s ig n al s c v) (h tt p s: // w w w .y o u t u b e. c o m / u s e r/ st u di o s a n ta \uf39e \uf099 \uf16d \uf167 ta cl a ri ta )", "8327_104.pdf": "University Times \u2022 June 27, 2019 \u2022 antonious-convicted-of-sexual-battery/ Former Professor McKale Antonious Convicted of Sexual Battery Monica Tamayo, Staff Writer Recently, Cal State was given the news that former math professor, McKale Antonious, is being convicted of sexual battery against a female student at Moorpark College, in Ventura County on March 2017. Along with that message, the email briefly included a similar incident that occurred on February 25 of this year at Cal State during the Moorpark hearing. According to the email sent from Cal State LA, Antonious is no longer employed by the University. Antonious, who also taught in various campuses around Los Angeles and Ventura County, also went by the names Zohair Isaac and Zohair Isshak. Based on an article from local Ventura County radio station, KVTA-AM1590, \u201cProsecutors wanted Antonious to be taken into custody pending sentencing but the judge denied that request and allowed him to remain free for now.\u201d There have been many questions in response to the incident. According to the Ventura County Community College District, a report was filed to the police five hours after the incident happened. It is still unknown if the university had knowledge about Antonious\u2019s criminal history prior to being hired at Cal State LA. The reached out to the office for Equity, Diversity and Inclusion, but were unable to get a response. According to the executive director for Communications and Public Affairs, Robert Lopez, Antonious was employed at Cal State from September 20, 2010 to May 25, 2019. According to the Cal State website for Public Safety, there has not been a crime alert in response to the incident. The information pertaining to the witness who testified against Antonious has been handed off to the Los Angeles County District Attorney\u2019s office. An investigation with the DA\u2019s office is currently underway. So far, there has not been a news release made to the public, according to their site. Cal State Title coordinator, Carol Roberts-Corb, stated that the university makes sure that in the case a student does face sexual battery, \u201cWe want to make sure they have the resources such as counseling and psychological services and any medical care that they might need.\u201d Antonious\u2019s sentencing for the Moorpark case is scheduled for July 5, in Courtroom 44 of the Ventura County Superior Court. Courtesy of Getty Images"} |
7,643 | Santanu Raychaudhuri | University of California – Los Angeles | [
"7643_101.pdf",
"7643_101.pdf"
] | {"7643_101.pdf": "Santanu Raychaudhuri Assistant researcher in the microbiology, immunology and molecular genetics department Title investigation found that evidence to show that Santanu Raychaudhuri made unwelcome advances to two students under his supervision, openly ranked women by their race and appearance \u2014 including describing them as \"sexy\" \u2014 and talked about his sexual preferences and needs with undergraduate students. The investigator found that his behavior \"created an environment in which women were either considered 'stupid or crazy bitches' who 'cannot take it' or as prospective sexual partners\" and created a hostile working environment by belitting students, cursing at them and calling them \"stupid.\" Raychaudhuri told a Title investigator that he acknowledges he is \"unusually loud\" but denied ever yelling or cursing at specific people. He \"tries to appreciate\" students by sometimes telling students when they \"look good,\" according to the Title investigation, but he denied the comments were sexual in nature. In addition, he told investigators that the students have \"no experience, (are) very young, not very mature, and very sensitive.\" Raychaudhuri's employment was terminated. Campus: Los Angeles Complaint date: March 4, 2014 Questions, comments or corrections? Email [email protected] (mailto:[email protected]). Data and code is open-source on GitHub ( Support innovative, independent student journalism. Donate today. ( Copyright \u00a9 2019 The Daily Californian, The Independent Berkeley Student Publishing Co., Inc."} |
7,440 | Powell McClellan | Middle Tennessee State University | [
"7440_101.pdf",
"7440_102.pdf",
"7440_103.pdf"
] | {"7440_101.pdf": "Summaries (1) Judge-written summaries of this case: \u201cwe turn, as we often have in cases under our state\u2019s Human Rights Act, to Title VII\u201d (from 1 case) View All Summaries (/opinion/1677412/mcclellan-v-board-of-regents-of-the-state-university/summaries/) Cited By (73) \uf09e (/feed/search/?type=o&q=cites%3A(1677412)) This case has been cited by other opinions: Keisling v. Keisling (2002) (/opinion/1060351/keisling-v-keisling/) Abdur'Rahman v. Bredesen (2005) (/opinion/1058176/abdurrahman-v-bredesen/) City of Brentwood v. Metropolitan Board of Zoning Appeals (2004) (/opinion/1791973/city-of-brentwood-v-metropolitan-board-of-zoning-appeals/) Jones v. Bureau of TennCare (2002) (/opinion/1773924/jones-v-bureau-of-tenncare/) State v. Ralph (1999) (/opinion/2277278/state-v-ralph/) Bailey v. Blount County Board of Education (2010) (/opinion/1619299/bailey-v-blount-county-board-of-education/) Mosley v. Tennessee Department of Commerce & Insurance (2004) (/opinion/1629573/mosley-v-tennessee-department-of-commerce-insurance/) Hunt v. Shaw (1996) (/opinion/1710212/hunt-v-shaw/) State v Aaron's Action Agency Bail Bonds, Inc. (1998) (/opinion/1082205/state-v-aaa-aarons-action-agency-bail-bonds-inc/) Miller v (2008) (/opinion/1763845/miller-v-civil-service-comn/) Robertson v. Tennessee Board of Social Worker Certification & Licensure (2007) (/opinion/1754113/robertson-v-tennessee-board-of-social-worker-certification-licensure/) Miller v. Tennessee Board of Nursing (2007) (/opinion/2344679/miller-v-tennessee-board-of-nursing/) In the Matter of R. Eric Bloomfield (2014) (/opinion/2682730/in-the-matter-of-r-eric-bloomfield-dvm/) Ally Financial v. Tennessee Department of Safety & Homeland Security (2017) (/opinion/4398209/ally-financial-v-tennessee-department-of-safety-homeland-security/) Toyota Motor Credit Corporation v. State of Tennessee, Department of Safety (2003) (/opinion/1064999/toyota-motor-credit-corporation-v-state-of-tenness/) Administrative Management Resources v. James G. Neeley (2015) (/opinion/2811693/administrative-management-resources-llc-v-james-g-/) ARI, Inc. v. James G. Neeley, Commissioner of the Tennessee Department of \u2026 (2012) (/opinion/1046294/ari-inc-v-james-g-neeley-commissioner-of-the-tennessee-department-of/) Peggy Armstrong v. Metropolitan Nashville Hospital Authority (2006) (/opinion/1053079/peggy-armstrong-v-metropolitan-nashville-hospital-/) Donna Bobo v. State of Tennessee Real Estate Commission (2014) (/opinion/2805961/donna-bobo-v-state-of-tennessee-real-estate-commis/) Jeremy R. Durham v. Tennessee Registry of Election Finance (2022) (/opinion/9327412/jeremy-r-durham-v-tennessee-registry-of-election-finance/) View Citing Opinions (/?q=cites%3A(1677412)) Authorities (15) This opinion cites: Mullane v. Central Hanover Bank & Trust Co., 339 U.S. \u2026 (/opinion/104786/mullane-v-central-hanover-bank-trust-co/?) (1 time) Meritor Savings Bank v. Vinson, 477 U.S. 57 (/opinion/111712/meritor-savings-bank-fsb-v-vinson/?) (1 time) Memphis Light, Gas & Water Division v. Craft, 436 U.S. \u2026 (/opinion/109855/memphis-light-gas-water-division-v-craft/?) (1 time) Campbell v. Florida Steel Corp., 67 Empl. Prac. Dec. (CCH) \u2026 (/opinion/2459753/campbell-v-florida-steel-corp/?) (1 time) 54 Fair empl.prac.cas. 184, 52 Empl. Prac. Dec 39,635, \u2026 (/opinion/536506/54-fair-emplpraccas-184-52-empl-prac-dec-p-39635-5/?) (1 time) View All Authorities (/opinion/1677412/mcclellan-v-board-of-regents-of-the-state-university/authorities/) Related Case Law McIntosh v. Stanley-Bostitch, Inc. (/opinion/2522680/mcintosh-v-stanley-bostitch-inc/) State v. McClellan (/opinion/2599060/state-v-mcclellan/) McClellan Realty Corp. v. Institutional Investors Trust (/opinion/2258798/mcclellan-realty-corp-v-institutional-investors-trust/) Bullard v. Bailey (/opinion/1176252/bullard-v-bailey/) Matter of McClellan (/opinion/4747869/matter-of-mcclellan/) Search Full List (/?q=related:1677412&stat_Published=on) Share \uf003 (mailto:? subject=McClellan%20v.%20Board%20of%20Regents%20of%20the%20State%20University%2C%20921%20S.W.2d%20684%2C%201996%20Tenn.%20LEXIS%20267%20at%20CourtListener.com&body= v-bd-of-regents-of-state/) \uf082 ( v. Board of Regents of the State University, 921 S.W.2d 684, 1996 Tenn 267 at CourtListener.com) \uf081 ( \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(1677412)) McClellan v. Board of Regents of the State University, 921 S.W.2d 684 (Tenn. 1996) Tennessee Supreme Court Filed: April 29th, 1996 Precedential Status: Precedential Citations: 921 S.W.2d 684, 1996 Tenn 267 Docket Number: Unknown Judges: White, Anderson, Drowota, Reid, Birch Author: Penny J. White (/person/5740/penny-j-white/) 921 S.W.2d 684 (1996) 2/27/25, 6:53 McClellan v. Board of Regents of the State University, 921 S.W.2d 684, 1996 Tenn 267 \u2013 CourtListener.com 1/5 Dr. Powell D. McCLELLAN, Plaintiff/Appellant, v. The the and Community College System of Tennessee and Middle Tennessee State University, Defendant/Appellee. Supreme Court of Tennessee, at Nashville. April 29, 1996. *685 Charles Hampton White, Cornelius & Collins, Nashville, for Appellant. Charles W. Burson, Attorney General & Reporter, James C. Floyd, Assistant Attorney General, Nashville, for Appellee. *686 WHITE, Justice. This case poses substantive and procedural questions pertaining to an appeal under the Uniform Administrative Procedures Act. The first issue is whether substantial and material evidence supports the finding of a violation of the sexual harassment policy of the Tennessee State Board of Regents and of Middle Tennessee State University. The second issue is whether the procedures followed in conducting the administrative hearing were appropriate. For the reasons set forth, we affirm the part of the decision of the Court of Appeals which upheld the finding of sexual harassment. We reverse the part of that court's decision which vacated one finding and the sanction order. We remand the case for the imposition of the sanctions set forth in the final order of the administrative tribunal. I. Dr. Powell McClellan is a twenty-two year veteran of the Middle Tennessee State University faculty. There, he teaches in the Department of Health, Physical Education, and Recreation. He holds Ed.D. and M.E.D. degrees from the University of Arkansas. In the summer of 1991, Dr. McClellan taught a course in the physiology of exercise, a portion of which involved teaching the students to administer electrocardiograms. During the 1991 summer session, Ms. Lea White, an undergraduate student, worked as Dr. McClellan's assistant. On July 25th, three female students were performing an on Ms. White when they began experiencing difficulty with the equipment. Ms. White removed her bra in order to try to improve the electrode connections. The students turned the equipment off and back on to try and restart it. When it still would not function properly, one of the students went, at Ms. White's direction, to seek verbal instructions from Dr. McClellan. Dr. McClellan was asked for instructions and asked not to enter the room as Ms. White was not wearing a shirt. He entered, nonetheless, removed a tee shirt which had been given Ms. White to cover with, and remarked that Ms. White was \"no Dolly Parton.\" The next day Dr. McClellan asked Ms. White if she believed in \"equal rights.\" When she said she did, he inquired why women should not remove their shirts for procedures as men did. He also commented that since she had several brothers, being nude around males should not affect her. Ten days later Ms. White made a formal complaint against Dr. McClellan to Dr. Whaley, the department head. Dr. Whaley referred Ms. White to the University's affirmative action officer who investigated the complaint and, eventually, instituted charges. Dr. McClellan was charged with five violations of Tennessee State Board of Regents' policies. Two of the five pertained to Ms. White. In addition to the incident regarding the EKG, the charges included Ms. White's allegation that Dr. McClellan had required her to \"get coffee ... [and] run errands for him which she did out of fear of retaliation.\" The remaining three allegations did not pertain to Ms. White, did not form the basis for the sanctions against Dr. McClellan, and will not be discussed in this opinion. The Notice of Hearing and Charges sent to Dr. McClellan included the following statement: \"The hearing will be conducted in accordance with the Tennessee Uniform Administrative Procedures Act, T.C.A. \u00a7 4-5-101, et seq.\" Upon request, a hearing was conducted hearing officer, John David Hayes, presided over the hearing hearing committee consisting of two professors, a graduate student, and an undergraduate student served as the triers of fact. Before the proceeding began, the hearing officer described his role as being responsible for ruling on evidentiary matters and matters of law. He introduced the committee and described their role as factfinders. Neither side questioned or objected to the procedure. At the close of the hearing, the hearing officer announced that the \"Committee will not render a decision today.\" After inquiring *687 about when counsel might file proposed findings of fact and conclusions of law, the hearing officer concluded: The committee will go ahead and take this under advisement, and we'll advise you at another time as to what we need to do with the findings of fact and conclusions of law. On December 16, 1991, an Initial Order was issued. The Order contained factual findings and legal conclusions and was signed by the hearing officer and the members of the hearing committee. It unanimously ordered that: (1) Dr. McClellan submit to sensitivity counseling \"to assist him in conducting more appropriate and professional interactions with students;\" (2) Dr. McClellan not be allowed to teach the only section of a required course offered for three years and that course substitutions be allowed for students; (3) Dr. McClellan be required to administer the procedure pursuant to formally developed and approved guidelines; (4) students be informed that the procedure is voluntary; and (5) Dr. McClellan not be allowed to teach the next summer session for which he was scheduled to teach. Additionally, the Order specified the review procedures. Specifically, it detailed the procedure for filing a Petition for Appeal to the university president and the procedure for filing a Petition for Reconsideration of the Initial Order. See Tenn. Code Ann. \u00a7\u00a7 4-5-315, -317 (1991 Repl.). Dr. McClellan appealed the Initial Order. He challenged the sufficiency of the evidence, the competency of the committee, and the severity of the sanctions. Although he did not cite procedural irregularities as a basis for his appeal, Dr. McClellan characterized the Order as reflecting \"an intemperate, emotional response to evidence by a committee consisting of laymen, untrained in interpretation of policies or policies of MTSU, and ... grossly improper, and excessive... .\" He requested an opportunity to present briefs and oral argument before the Agency. Following the filing of briefs, University President James E. Walker filed a Final Order on May 26, 1992, which upheld the Initial Order in its entirety. Pursuant to Tennessee Code Annotated Section 4-5- 322, Dr. McClellan petitioned the Davidson County Chancery Court for review, reversal, and vacation of the Final Order. The petition alleged that: (1) irrelevant, prejudicial evidence was admitted against Dr. McClellan; (2) the hearing officer did not instruct the hearing committee on legal principles, including the standard of proof and did not allow an opportunity to file proposed findings and conclusions; (3) Dr. McClellan's conduct was not a violation of the Board of Regents policy; (4) the sanctions imposed were unconstitutional in that they unlawfully restrict the terms and conditions of employment; (5) the hearing procedure used violated the law; and (6) the President's findings were arbitrary, capricious, and constituted an abuse of discretion. The Chancellor affirmed the Final Order following a review under Tennessee Code Annotated Section 4-5-322. Specifically, the Chancellor found that substantial and material evidence supported the conclusion that Dr. McClellan had violated the policy and guidelines of the Tennessee State Board of Regents. Additionally, the Chancellor upheld the sanctions since \"judicial review is limited to considering whether the remedy is illegal or an abuse of discretion\" and the remedy imposed did not constitute either an illegality or an abuse of discretion. The Chancellor declined to address the alleged procedural *688 irregularities since the \"procedural issues cannot be raised for the first time on judicial review.\" On his appeal as of right to the Court of Appeals, Dr. McClellan raised the same two issues he presents to this Court regarding the sufficiency of the evidence and the procedures employed. The Court of Appeals affirmed the finding of sexual harassment based on the incident, upheld the procedures used to conduct the hearing, but dismissed the allegations pertaining to Dr. McClellan's demeaning demands holding that the initial charge did not give notice of the allegations. Consequently, the Court of Appeals modified the sanctions imposed to exclude those related to that incident and remanded to the tribunal. II. We begin our review with an in-depth analysis of the statutes that outline the procedure to be used under the Uniform Administrative Procedures Act for hearings of this kind. The Uniform Administrative Procedure Act sprawls through dozens of sections of Title 4, chapter 5 of Tennessee Code Annotated. While it focuses on both an agency's power to make rules and its power to determine contested cases under its rules, it is only the latter subject that concerns us here. The entire chapter, however, is entitled to a \"liberal construction [with] any doubt as to the existence or the extent of a power conferred ... resolved in favor of the existence of the power.\" Tenn. Code Ann. \u00a7 4-5-103(a) (1991 Repl.). [1] [2] [3] [4] 2/27/25, 6:53 McClellan v. Board of Regents of the State University, 921 S.W.2d 684, 1996 Tenn 267 \u2013 CourtListener.com 2/5 Part 3 of the Act sets forth the various procedures for hearing and determining contested cases at the agency level and on appeal. In any contested case, the parties are first entitled to notice, which must include \"[a] statement of the ... nature of the hearing, ... [a] statement of the legal authority and jurisdiction under which the hearing is to be held, ... and [a] short and plain statement of the matters asserted.\" Tenn. Code Ann. \u00a7 4-5-307(b)(1)(2) & (3) (1991 Repl.). Here, Dr. McClellan was advised that he could appear before a hearing committee for a hearing conducted in accordance with the Uniform Administrative Procedures Act. The Notice set forth the Act as the legal authority for the hearing. It also contained allegations of fact which plainly stated the accusations. Unlike the Court of Appeals, we do not find that the Notice failed to satisfy \"basic due process.\" The specific notice requirements in this context are set forth in the statute, Tenn. Code Ann. \u00a7 4-5-307(b)(3) (1991 Repl.) (\"short and plain statement of the matters asserted\"), and in the Board of Regents policy Policy No. 1:06:00:05 \u00a7 8 (identical language). Neither provision requires the citation to the specified regulations as suggested by the Court of Appeals. Basic due process requires \"notice reasonably calculated under all the circumstances, to apprise interested parties\" of the claims of the opposing parties. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (/opinion/104786/mullane-v-central-hanover-bank-trust-co/), 314, 70 S. Ct. 652 (/opinion/104786/mullane-v-central-hanover-bank-trust-co/), 657, 94 L. Ed. 865 (1950). The purpose of due process requirements is to notify the individual in advance in order to allow adequate preparation and reduce surprise. Memphis Light, Gas and Water Division v. Craft, 436 U.S. 1 (/opinion/109855/memphis-light-gas-water-div-v-craft/), 14, 98 S. Ct. 1554 (/opinion/109855/memphis-light-gas-water-div-v-craft/), 1562-63, 56 L. Ed. 2d 30 (/opinion/109855/memphis-light-gas-water-div- v-craft/) (1978). Here, the Notice set forth specifically the facts which were alleged. The evidence at trial mirrored the allegations. The Notice more than adequately satisfied constitutional due process as well as the notice requirements of the statute and the regulation. The Court of Appeals set aside the Agency's factual finding regarding Dr. McClellan's demeaning demands on Ms. White not because the evidence did not support the finding, but because the notice \"cited no statute or regulation prohibiting intimidation ... except in connection with sexual [harassment].\" First, as we have noted, agencies are not required to cite the offended regulation in the notice of hearing. They are only required to include a \"short and plain statement *689 of the matters asserted.\" Tenn. Code Ann. \u00a7 4-5-307(b)(3) (1991 Repl.). More importantly, however, in this Notice the Agency did cite specific regulations deemed to have been violated. The Court of Appeals mistakenly concluded that the cited regulations pertained only to intimidation on the basis of sexual harassment and not to \"unprofessional, improper, and immoral\" intimidation. We respectfully disagree. In addition to the board policies pertinent to sexual harassment Policy No. 2:02:10:01; 5:01:02:00; & Guideline P-080, the Agency cited and attached Board Policy 5:02:0300, Academic Freedom, Responsibility, and Tenure. Section 15 of that policy provides that a faculty member \"may be terminated for adequate cause, which includes the following: ... (e) capricious disregard of accepted standards of professional conduct.\" Thus, it is clear that Dr. McClellan had adequate prehearing notice of the facts which would be presented against him and of the policies which his conduct might be deemed to violate. This more than satisfies the constitutional due process requirements and the specific statutory and regulatory notice requirements. Having found that the Notice complied with the law, we turn next to the hearing procedure itself. The Notice advised Dr. McClellan that his hearing would be conducted by a hearing committee \"in accordance with Tennessee Uniform Administrative Procedures Act... .\" The Act provides for hearings in contested cases to be conducted by hearing panels \"in the presence of an administrative law judge or hearing officer,\" Tenn. Code Ann. \u00a7 4-5-301(a)(1) (1991 Repl.), or by the judge or hearing officer alone. Id. at (2). When the first method is selected, the judge or hearing officer presides, determines the admissibility of evidence, and advises the panel as to the law. Id. at (b). The judge or hearing officer may not participate in the determination of factual questions unless the judge or hearing officer is an agency member. Id. Dr. McClellan challenges the procedure based on his contention that the hearing panel must be comprised of \"members of the Board of Regents or MTSU.\" He further insists that the Uniform Administrative Procedures Act does not \"provide for the utilization of a faculty committee or a hearing committee... .\" We disagree. The Act expressly provides for the use of hearing committees. The committees are required to have \"the requisite number of members of the agency as prescribed by law.\" Tenn. Code Ann. \u00a7 4-5-301(a)(1) (1991 Repl.). While the Act does not define \"member,\" its definition of \"agency\" renders Dr. McClellan's argument meaningless. \"Agency\" includes boards, commissions, departments, officers, and units of state government. Tenn. Code Ann. \u00a7 4-5-102(2) (1991 Repl.). While the argument is soluble with reference to boards, commissions, and departments, it loses its reasoning when applied to officers and units of state government. We are required to construe terms reasonably and not in a fashion which will lead to an absurd result. Loftin v. Langsdon, 813 S.W.2d 475 (/opinion/1534601/loftin-v-langsdon/) (Tenn. App.), perm. to appeal denied, (Tenn. 1991). Thus, we do not impose the very limited definition of \"member\" suggested by Dr. McClellan. Under the statute a hearing committee must be constituted as required by law. The Tennessee State Board of Regents' Guidelines, which were promulgated in accordance with the Act's rulemaking provisions, establish uniform hearing procedures for contested cases under the Uniform Administrative Procedures Act. The guidelines provide that [a] hearing committee may be appointed by the president ... from the administrative, professional staff and/or appropriate employees or students at the institution or school Policy No. 1:06:00:05 \u00a7 5(c). This hearing committee met those requirements. *690 While we find nothing prejudicial about the hearing procedure employed, particularly in light of the specific guideline, we rest our decision to affirm the procedure on three other equally important points. First, we focus on the procedural and substantive safeguards which followed the hearing. In this case, the hearing officer and the committee issued an Initial Order. Such an order is required only in cases in which the hearing officer sits alone. Tenn. Code Ann. \u00a7 4-5-314(b) (1991 Repl.). The Initial Order contained specific findings of fact and conclusions of law and comported with all statutory requirements. Id. at (c). Dr. McClellan appealed the Initial Order to the University President, the person designated by agency rule. Id. at -315(b). He did not request a rehearing based on procedural irregularities. Id. at -317(a). He did not raise the issues he now presents in his Petition for Appeal, though required by statute to state the basis for the appeal. Id. at -315(c). On appeal, the President, as the person reviewing the Initial Order, was required to exercise the same authority that the Agency would have had to render a decision had the Agency presided. Id. at (d). In effect, the review conducted by the President is de novo on the record. The reviewing agency or designated person can require a transcript, must allow briefs, and can allow oral argument. The reviewer may affirm, reverse, or require further proceedings. Id. at (d)-(h). Nothing suggests that the review procedure which preceded the issuance of the Final Order was anything but complete. Consequently, in effect, the actions of the hearing officer and committee became irrelevant after the review and entry of the Final Order second reason for our ruling affirming the procedures used is implicit in the first discussion. Dr. McClellan did not object to the hearing procedures before the hearing, at any time during the hearing, after the hearing, or in his Petition for Appeal. His first complaint was in his Petition for Judicial Review. One appearing before an administrative tribunal must make timely objections to procedural errors and must raise the errors at the administrative level in order to preserve them for consideration in a petition for judicial review. In re Billing & Collection Tariffs of So. Cent. Bell, 779 S.W.2d 375, 380 (Tenn. App.), perm. to appeal denied, (Tenn. 1989). Judicial review of an agency decision is confined to the administrative record, except in limited circumstances. Metropolitan Gov't v. Shacklett, 554 S.W.2d 601 (/opinion/1484942/metro-govt-of-nashville- etc-v-shacklett/) (Tenn. 1977). It follows that it is no less incumbent for a party to an administrative proceeding to raise issues of procedural irregularity than it is for a party in a judicial proceeding. The administrative tribunal, like the trial court, must be given the opportunity to correct procedural errors. Allowing parties to acquiesce in the procedures, but to challenge those same procedures on appeal is inefficient and unreasonable. Had Dr. McClellan complained of the procedure initially, or even in his Petition for Appeal of the Initial Order, the procedures could have been clarified or even modified. He did not raise the issue until long after it could have been explored and, if necessary, rectified. He cannot be heard to complain at this late date. Our final reason for affording Dr. McClellan no relief on his procedural challenges is the Act itself. We have already noted the liberal construction which we must give the Act resolving issues in favor of an agency's power. Tenn. Code Ann. \u00a7 4-5-103(a) (1991 Repl.). We have alluded to the deference required of agency actions. In addition, the Act requires that \"[n]o agency decision pursuant to a hearing in a contested case shall be reversed, remanded or modified ... unless for errors which affect the merits of the decision.\" Id. at -322(i) (1995 Supp.). The Davidson County Chancery Court and the Court of Appeals (with the exception already discussed) found no error affecting the merits. While we realize that this statutory *691 \"harmless error\" rule specifically applies to the \"reviewing court,\" we find that none of the complaints raised by Dr. McClellan affected the decision which was clearly supported by the evidence and subjected to multiple reviews. Dr. McClellan was provided a fair hearing and meaningful review in accordance with the Uniform Administrative Procedures Act. We deny relief on the basis of the claimed procedural irregularities. III. The second issue for our consideration is whether substantial and material evidence supports the findings that Dr. McClellan violated the applicable policies pertaining to harassment. Dr. McClellan challenges the factual findings as being insufficient. We must determine whether \"such relevant evidence as a reasonable mind might accept to support a rational conclusion and ... to furnish a reasonably sound basis for the action\" exists on this record. Pace v. Garbage Disposal of Wash. Co., 54 Tenn. App. 263, 390 S.W.2d 461 (/opinion/1664232/pace-v-garbage-disposal-dist-of-washington-county/), 463 (1965). The State Board of Regents Policy in applicable part states: [5] [6] [7] [8] 2/27/25, 6:53 McClellan v. Board of Regents of the State University, 921 S.W.2d 684, 1996 Tenn 267 \u2013 CourtListener.com 3/5 II. General Statement Sexual harassment and racial harassment have been held to constitute a form of discrimination prohibited by Title of the Civil Rights Act of 1964, as amended and Title of the Educational Amendments of 1972. Other types of harassment are prohibited by applicable law. An institution or school may be held liable pursuant to Title and/or lose federal funds pursuant to Title for failure to properly investigate and remedy claims of sexual or racial harassment. A. Generally, sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one of the following criteria is met: ..... 3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment. Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred. Thus, sexual harassment may occur when conduct of a sexual nature affects an individual's work or educational experience or creates an intimidating, hostile, or offensive work or educational environment. The policy correctly does not differentiate between sexual harassment in the workplace and sexual harassment in an academic setting. There is no meaningful difference. In analyzing the evidence in this case we turn, as we often have in cases under our state's Human Rights Act, to Title VII, the federal employment discrimination statute. Recently we noted in Campbell v. Florida Steel Corp., 919 S.W.2d 26 (/opinion/2459753/campbell-v-florida-steel-corp/) (Tenn. 1996) that the United States Supreme Court first recognized hostile environment harassment under Title in the case of Meritor Saving Bank v. Vinson, 477 U.S. 57 (/opinion/111712/meritor-savings-bank-fsb-v-vinson/), 106 S. Ct. 2399 (/opinion/111712/meritor-savings-bank-fsb-v-vinson/), 91 L. Ed. 2d 49 (/opinion/111712/meritor-savings-bank-fsb-v-vinson/) (1986). In Meritor, the Court recognized that \"Title affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.\" 477 U.S. at 65, 106 S.Ct. at 2405 (citing Rogers v. E.E.O.C, 454 F.2d 234 (/opinion/301085/4-fair-emplpraccas-265-4-fair-emplpraccas-92-4-empl-prac-dec-p/) (5th Cir.1971)). When the harassing conduct has \"the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment,\" it is actionable. Id. at 65, 106 S.Ct. at 2404-05. Although Meritor and Rogers were employment discrimination cases, their rationales are applicable in the academic environment as well. See Doe v. Taylor Indep. School Distr., 975 F.2d 137 (/opinion/590911/jane-doe-v-taylor-independent-school-district-and-mike-caplinger-and-eddy/), 149 (5th Cir.1992). \"Women need not endure sexual harassment by state actors under any circumstances, the school setting included.\" 975 F.2d at 149. Here, the State Board of Regents policy specifically defined sexual harassment. *692 That definition includes: \"Unwelcome sexual advances ... and other verbal or physical conduct of a sexual nature when ... such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment.\" Guideline P-080, II, A. 3. Thus, it is apparent that the Board policy mirrors the present United States Supreme Court holdings defining sexual harassment. Our inquiry is whether material and substantial evidence in this case establishes that Dr. McClellan's conduct constituted sexual harassment of Ms. White. Like most disputes that are resolved in our courts or administrative tribunals, the evidence in this case is controverted. Ms. White and three eyewitnesses detailed the conduct of Dr. McClellan during the administration of Ms. White's EKG. Their testimony is consistent. Further, their testimony establishes, at the very least, verbal conduct of a sexual nature which interfered with Ms. White's educational experience. Ms. White's testimony, more explicit than the others, establishes inappropriate physical conduct, including physical contact as well. Conversely, Dr. McClellan's testimony casts an innocent light on the episode. His witnesses, while corroborative of portions of his testimony, were not physically present in the room. Their testimony is therefore less probative on what occurred inside than is the testimony of the persons actually present. Based on these facts, a reasonable person could conclude that Dr. McClellan's conduct was of a sexual nature and created an offensive educational environment for Ms. White. Specifically, Ms. White detailed the effect that the conduct had on her. While Dr. McClellan emphasizes that she functioned well enough to get an \"A\" in the class, that does not foreclose a finding that the environment was offensive or even intimidating. History is replete with examples of determined persons who fared well despite adversity. Dr. McClellan argues that his absence of prurient intent bars a finding of sexual harassment. We disagree. The definition of sexual harassment set forth in the guidelines, which is the equivalent of that in the statutes, demonstrates that the focus is on the effect of the conduct on the victim rather than the intent of the actor. Ms. White described herself as shy and private. Her demeanor on the stand, gleaned from her testimony, supports this description. The incidents caused her to seek psychological counseling and treatment for depression. Dr. McClellan repeatedly described his remark as \"flippant\" and \"facetious\" arguing that it \"strains credulity to believe that a reasonable person\" could be affected. This argument, while wholly consistent with Dr. McClellan's crude manner, disregards the objective standard applied in the Sixth Circuit and in Tennessee Yates v. Avco Corp., 819 F.2d 630 (/opinion/488776/43-fair-emplpraccas-1595-43-empl- prac-dec-p-37086-charlotte-lynn/), 637 (6th Cir.1987). Applying that standard, rather than the approach taken by Dr. McClellan, we conclude with little difficulty that the incident violated the Board Policy on sexual harassment. Dr. McClellan also argues that his conduct cannot rise to the level of sexual harassment because it was an isolated incident. While acts must be \"sufficiently severe or pervasive\" to constitute sexual harassment, that requirement does not, by definition, exclude cases in which a single incident occurs. If a single incident is severe, it may be actionable as sexual harassment despite the fact that the conduct was not repeated. In other words, conduct may be actionable because of frequency or gravity. See e.g., Ellison v. Brady, 924 F.2d 872 (/opinion/555134/kerry-ellison-v-nicholas-f-brady-secretary- of-the-treasury/), 878 (9th Cir.1991); Andrews v. City of Philadelphia, 895 F.2d 1469 (/opinion/536506/54-fair-emplpraccas-184-52-empl-prac-dec-p-39635-5/), 1484 (3rd Cir.1990); Carrero v. New York City Housing Authority, 890 F.2d 569, 578 (2nd Cir.1989 single incident, of sufficient gravity, may constitute sexual harassment. See Campbell v. *693 Kansas State University, 780 F. Supp. 755 (/opinion/1445207/campbell-v-kansas-state-university/) (D.Kan. 1991). In this case conflicting testimony was presented. Issues of credibility and weight were resolved against Dr. McClellan at every level. Our review is limited to determining whether the findings are supported by substantial and material evidence. Southern Ry. Co. v. State Bd. of Equalization, 682 S.W.2d 196 (/opinion/2460990/southern-ry-co-v-state-bd-of-equalization/) (Tenn. 1984). We are not at liberty to reevaluate the evidence or substitute our judgment for that of the fact-finder. Humana of Tenn. v. Tennessee Health Facilities Comm'n, 551 S.W.2d 664 (/opinion/1785185/humana-of-tenn-v-tenn-health- facilities-comm/) (Tenn. 1977). The evidence is sufficient to establish a violation of the Board policies prohibiting sexual harassment and unprofessional conduct. As noted by the learned Chancellor: \"[t]he appropriate remedy is peculiarly within the discretion of the [agency]... .\" Having found grounds to affirm the procedures employed, facts found, and conclusions reached, we will not interfere with the sanctions imposed upon Dr. McClellan. We remand for the appropriate imposition of those sanctions and tax the costs of this appeal to Dr. McClellan. ANDERSON, C.J., and and BIRCH, JJ., concur [1] One of the remaining allegations, added by the affirmative action officer and alleged to be racial harassment, was found to constitute offensive and unprofessional conduct by the hearing committee, but not to constitute a violation of board policy. [2] The Initial Order found evidence to substantiate the incident; found that Ms. White had been subjected to unreasonable and demeaning demands for personal service; found that Dr. McClellan had made comments to a black student attributing knee injuries to \"picking cotton in Lincoln County;\" and found that Dr. McClellan used the black student for various class demonstrations by making chalk marks on his body. The two remaining allegations were deemed unfounded. [3] The Order concluded that Dr. McClellan's conduct toward Ms. White constituted a violation of Guideline P-080 as promulgated by Middle Tennessee State University, Policy No. I:01:22. [4] \"Agency\" as defined in the Uniform Administrative Procedure Act includes any \"board, commission, committee, department, officer, or any other unit of state government authorized ... to determine contested cases.\" Tenn. Code Ann. \u00a7 4-5-102(2) (1991 Repl.). [9] 2/27/25, 6:53 McClellan v. Board of Regents of the State University, 921 S.W.2d 684, 1996 Tenn 267 \u2013 CourtListener.com 4/5 [5] The notice did not contain the students' names but clearly alleged both incidents pertaining to Ms. White and to the minority student. [6] The first page of the Notice says policy ... states that incompetence, indolence, intellectual dishonesty, serious moral dereliction, arbitrary and capricious disregard of standards of professional conduct, among others, will be grounds for dismissal or other disciplinary matters copy of the policy is attached to the Notice as exhibit 4. [7 party who alleges that procedural irregularities occurred that are not shown on the record may request that the Chancery Court take proof. Tenn. Code Ann. \u00a7 4-5-322(g) (1995 Supp.). [8] Notably, Dr. McClellan did not request that the Chancery Court take proof on the alleged irregularities. [9] Although not the basis for any of the violations found against Dr. McClellan, the record is replete with other examples of Dr. McClellan's harassing conduct toward the female students. On one occasion as he tried to enter the room being held shut by Ms. White, he described himself as \"like a madman from a monster movie\" trying to get in. 2/27/25, 6:53 McClellan v. Board of Regents of the State University, 921 S.W.2d 684, 1996 Tenn 267 \u2013 CourtListener.com 5/5", "7440_102.pdf": "Home / Tennessee \u2026 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings \uf232 \uf09a \uf099 \uf0e1 \uf003 \uf1c1 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings Introduction In the landmark case of Dr. Powell D. McClellan v. The Board of Regents of the State University and Community College System of Tennessee and Middle Tennessee State University, decided on April 29, 1996, the Supreme Court of Tennessee addressed critical issues sur- rounding sexual harassment within an academic environment. Dr. McClellan, a veteran faculty member, faced allegations of sexual ha- rassment by a student, Ms. Lea White, and other misconduct charges. This commentary delves into the court's comprehensive analysis, the Date: Apr 30, 1996 Supreme Court High Courts Log In Sign Up \uf059 \uf002 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 1/7 precedents considered, and the implications of the Judgment on future academic policies and administrative procedures. Summary of the Judgment The Supreme Court of Tennessee affirmed the Court of Appeals' deci- sion that upheld the finding of sexual harassment against Dr. McClellan based on substantial and material evidence. However, it re- versed the part of the appellate decision that vacated one finding and the associated sanction order, remanding the case for the appropriate imposition of sanctions as outlined in the administrative tribunal's final order. The Court scrutinized both substantive and procedural aspects of the prior decisions, ultimately reinforcing the standards for adminis- trative hearings under the Uniform Administrative Procedures Act. Analysis Precedents Cited The Judgment extensively references several key precedents that shaped the court\u2019s reasoning: Mullane v. Central Hanover Bank Trust Co. (1950): Established the necessity for adequate notice under due process. Memphis Light, Gas and Water Division v. Craft. (1978): Emphasized the importance of notice in allowing adequate preparation for hearings. Meritor Saving Bank v. Vinson. (1986): Recognized hostile environment harassment under Title VII. Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 2/7 Rogers v. E.E.O.C. (1971): Supported the notion that harass- ment creating an intimidating work environment is actionable v DISTrict. (1992): Applied employment discrimination principles to aca- demic settings. Other cited cases include v RY. CO. v EQUALIZATION, and Humana of Tenn. v. Tennessee Health Facilities Comm\u2019n. These cases collectively underscored the legal framework for defining and addressing sexual harassment, ensuring environments free from discriminatory intimidation. Legal Reasoning The Supreme Court of Tennessee meticulously dissected both proce- dural and substantive elements of the case: Substantive Evidence: The court evaluated the consistency and reliability of testimonies from Ms. White and eyewitnesses against Dr. McClellan\u2019s defense. The weight of the evidence sup- ported the finding of sexual harassment, emphasizing the impact on Ms. White\u2019s educational experience rather than Dr. McClellan\u2019s intent. Procedural Fairness: The court reviewed the adherence to the Uniform Administrative Procedures Act, ensuring that proper notice was given and that the hearing procedures were followed Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 3/7 without prejudice. It upheld the composition and conduct of the hearing committee, dismissing Dr. McClellan\u2019s claims of proce- dural irregularities. Standard of Review: Emphasizing a deferential standard, the court acknowledged that judicial review is limited to checking for legal or procedural errors that affect the merits of the deci- sion. Since no such errors were found impacting the decision, the court affirmed the findings. Key principles applied included the focus on the effects of Dr. McClellan\u2019s conduct on the complainant, rather than his subjective intent, aligning with federal interpretations of sexual harassment laws. Impact This Judgment has profound implications for both administrative procedures and academic institutions: Strengthening Harassment Policies: Universities must ensure that their harassment policies are comprehensive, clearly communi- cated, and aligned with legislative standards to withstand judi- cial scrutiny. Administrative Procedures: The case underscores the necessity for proper procedural adherence in administrative hearings, includ- ing adequate notice, fair hearing committees, and the preserva- tion of rights to appeal. Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 4/7 Legal Precedence: By affirming the standards for what consti- tutes sexual harassment and the required administrative re- sponses, the case serves as a benchmark for future disputes in academic settings. Emphasis on Due Process: Institutions are reminded of the im- portance of balancing procedural fairness with the need to effec- tively address and remedy harassment claims. Future cases will likely refer to this Judgment when assessing the va- lidity of harassment claims and the adequacy of administrative re- sponses within educational institutions. Complex Concepts Simplified Uniform Administrative Procedures Act set of rules governing how state agencies conduct hearings and make decisions in contested cases, ensuring fairness and due process. Substantial and Material Evidence: Evidence that a reasonable person could accept as sufficient to support a decision, without being overly technical or exhaustive. Hostile Environment Harassment: Unwelcome behavior of a sexual na- ture that creates an intimidating, hostile, or offensive environment, af- fecting an individual\u2019s work or educational experience. Due Process: Constitutional guarantee that a person will be given no- tice and an opportunity to be heard before any governmental action af- fecting their rights or interests is taken. Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 5/7 Conclusion The Supreme Court of Tennessee's Judgment in Dr. McClellan v. The Board of Regents reinforces the critical standards needed to address sexual harassment within academic institutions. By meticulously up- holding the procedural integrity of the administrative hearing and af- firming the substantive findings against Dr. McClellan, the court has set a robust precedent that ensures protection against sexual harass- ment in educational settings. This decision not only clarifies the bound- aries of acceptable conduct but also emphasizes the importance of fair and thorough administrative processes in resolving such sensitive dis- putes. Educational institutions must heed these standards to foster a safe and equitable environment for all students and staff. Case Details Dr. Powell D. McCLELLAN, Plaintiff/Appellant, v. The the and Community College System of Tennessee and Middle Tennessee State Uni YEAR: 1996 NASHVILLE. Judge(s) WHITE, Justice. Attorney(S) Charles Hampton White, Cornelius Collins, Nashville, for Appellant. Charles W. Burson, Attorney General Reporter, James C. Floyd, Assistant Attorney General, Nashville, for Appellee. Comments Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 6/7 Write your comment \u00a9 2023 Gauge Data Solutions Pvt. Ltd. | Terms \uf09a \uf099 \uf0e1 Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/27/25, 6:53 Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings: Tenn. | CaseMine 7/7", "7440_103.pdf": "From Casetext: Smarter Legal Research McClellan v. Bd. of Regents of State Supreme Court of Tennessee. at Nashville Apr 29, 1996 921 S.W.2d 684 (Tenn. 1996) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free April 29, 1996. Appeals from the Davidson County Chancery Court, Robert S. Brandt, J. Decision of Court of Appeals affirmed in part, reversed in part; remanded. *685 685 Charles Hampton White, Cornelius Collins, Nashville, for Appellant. Charles W. Burson, Attorney General Reporter, James C. Floyd, Assistant Attorney General, Nashville, for Appellee. *686 686 Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 1/16 WHITE, Justice. This case poses substantive and procedural questions pertaining to an appeal under the Uniform Administrative Procedures Act. The first issue is whether substantial and material evidence supports the finding of a violation of the sexual harassment policy of the Tennessee State Board of Regents and of Middle Tennessee State University. The second issue is whether the procedures followed in conducting the administrative hearing were appropriate. For the reasons set forth, we affirm the part of the decision of the Court of Appeals which upheld the finding of sexual harassment. We reverse the part of that court's decision which vacated one finding and the sanction order. We remand the case for the imposition of the sanctions set forth in the final order of the administrative tribunal. I. Dr. Powell McClellan is a twenty-two year veteran of the Middle Tennessee State University faculty. There, he teaches in the Department of Health, Physical Education, and Recreation. He holds Ed.D. and M.E.D. degrees from the University of Arkansas. In the summer of 1991, Dr. McClellan taught a course in the physiology of exercise, a portion of which involved teaching the students to administer electrocardiograms. During the 1991 summer session, Ms. Lea White, an undergraduate student, worked as Dr. McClellan's assistant. On July 25th, three female students were performing an on Ms. White when they began experiencing difficulty with the equipment. Ms. White removed her bra in order to try to improve the electrode connections. The students turned the equipment off and back on to try and restart it. When it still would not function properly, one of the students went, at Ms. White's direction, to seek verbal instructions from Dr. McClellan. Dr. McClellan was asked for instructions and asked not to enter the room as Ms. White was not wearing a shirt. He entered, nonetheless, removed a tee shirt which had been given Ms. White to cover with, and remarked that Ms. White was \"no Dolly Parton.\" The next day Dr. McClellan asked Ms. White if she believed in \"equal rights.\" When she said she did, he inquired why women should not remove their 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 2/16 shirts for procedures as men did. He also commented that since she had several brothers, being nude around males should not affect her. Ten days later Ms. White made a formal complaint against Dr. McClellan to Dr. Whaley, the department head. Dr. Whaley referred Ms. White to the University's affirmative action officer who investigated the complaint and, eventually, instituted charges. Dr. McClellan was charged with five violations of Tennessee State Board of Regents' policies. Two of the five pertained to Ms. White. In addition to the incident regarding the EKG, the charges included Ms. White's allegation that Dr. McClellan had required her to \"get coffee . . . [and] run errands for him which she did out of fear of retaliation.\" The remaining three allegations did not pertain to Ms. White, did not form the basis for the sanctions against Dr. McClellan, and will not be discussed in this opinion.1 1 One of the remaining allegations, added by the affirmative action officer and alleged to be racial harassment, was found to constitute offensive and unprofessional conduct by the hearing committee, but not to constitute a violation of board policy. The Notice of Hearing and Charges sent to Dr. McClellan included the following statement: \"The hearing will be conducted in accordance with the Tennessee Uniform Administrative Procedures Act, T.C.A. \u00a7 4-5-101, et seq.\" Upon request, a hearing was conducted hearing officer, John David Hayes, presided over the hearing hearing committee consisting of two professors, a graduate student, and an undergraduate student served as the triers of fact. Before the proceeding began, the hearing officer described his role as being responsible for ruling on evidentiary matters and matters of law. He introduced the committee and described their role as factfinders. Neither side questioned or objected to the procedure. At the close of the hearing, the hearing officer announced that the \"Committee will not render a decision today.\" After inquiring *687 about when counsel might file proposed findings of fact and conclusions of law, the hearing officer concluded: 687 The committee will go ahead and take this under advisement, and we'll advise you at another time as to what we need to do with the 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 3/16 findings of fact and conclusions of law. On December 16, 1991, an Initial Order was issued. The Order contained factual findings and legal conclusions and was signed by the hearing officer and the members of the hearing committee. It unanimously ordered that: (1) Dr. McClellan submit to sensitivity counseling \"to assist him in conducting more appropriate and professional interactions with students;\" (2) Dr. McClellan not be allowed to teach the only section of a required course offered for three years and that course substitutions be allowed for students; (3) Dr. McClellan be required to administer the procedure pursuant to formally developed and approved guidelines; (4) students be informed that the procedure is voluntary; and (5) Dr. McClellan not be allowed to teach the next summer session for which he was scheduled to teach. Additionally, the Order specified the review procedures. Specifically, it detailed the procedure for filing a Petition for Appeal to the university president and the procedure for filing a Petition for Reconsideration of the Initial Order. See Tenn. Code Ann. \u00a7\u00a7 4-5-315, -317 (1991 Repl.). 2 3 2 The Initial Order found evidence to substantiate the incident; found that Ms. White had been subjected to unreasonable and demeaning demands for personal service; found that Dr. McClellan had made comments to a black student attributing knee injuries to \"picking cotton in Lincoln County;\" and found that Dr. McClellan used the black student for various class demonstrations by making chalk marks on his body. The two remaining allegations were deemed unfounded. 3 The Order concluded that Dr. McClellan's conduct toward Ms. White constituted a violation of Guideline P-080 as promulgated by Middle Tennessee State University, Policy No. I:01:22. Dr. McClellan appealed the Initial Order. He challenged the sufficiency of the evidence, the competency of the committee, and the severity of the sanctions. Although he did not cite procedural irregularities as a basis for his appeal, Dr. McClellan characterized the Order as reflecting \"an intemperate, emotional response to evidence by a committee consisting of laymen, untrained in interpretation of policies or policies of MTSU, and . . . grossly improper, and excessive. . . .\" He requested an opportunity to present briefs and oral argument before the Agency.4 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 4/16 4 \"Agency\" as defined in the Uniform Administrative Procedure Act includes any \"board, commission, committee, department, officer, or any other unit of state government authorized . . . to determine contested cases.\" Tenn. Code Ann. \u00a7 4-5-102(2) (1991 Repl.). Following the filing of briefs, University President James E. Walker filed a Final Order on May 26, 1992, which upheld the Initial Order in its entirety. Pursuant to Tennessee Code Annotated Section 4-5-322, Dr. McClellan petitioned the Davidson County Chancery Court for review, reversal, and vacation of the Final Order. The petition alleged that: (1) irrelevant, prejudicial evidence was admitted against Dr. McClellan; (2) the hearing officer did not instruct the hearing committee on legal principles, including the standard of proof and did not allow an opportunity to file proposed findings and conclusions; (3) Dr. McClellan's conduct was not a violation of the Board of Regents policy; (4) the sanctions imposed were unconstitutional in that they unlawfully restrict the terms and conditions of employment; (5) the hearing procedure used violated the law; and (6) the President's findings were arbitrary, capricious, and constituted an abuse of discretion. The Chancellor affirmed the Final Order following a review under Tennessee Code Annotated Section 4-5-322. Specifically, the Chancellor found that substantial and material evidence supported the conclusion that Dr. McClellan had violated the policy and guidelines of the Tennessee State Board of Regents. Additionally, the Chancellor upheld the sanctions since \"judicial review is limited to considering whether the remedy is illegal or an abuse of discretion\" and the remedy imposed did not constitute either an illegality or an abuse of discretion. The Chancellor declined to address the alleged procedural *688 irregularities since the \"procedural issues cannot be raised for the first time on judicial review.\" 688 On his appeal as of right to the Court of Appeals, Dr. McClellan raised the same two issues he presents to this Court regarding the sufficiency of the evidence and the procedures employed. The Court of Appeals affirmed the finding of sexual harassment based on the incident, upheld the procedures used to conduct the hearing, but dismissed the allegations pertaining to Dr. McClellan's demeaning demands holding that the initial 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 5/16 charge did not give notice of the allegations. Consequently, the Court of Appeals modified the sanctions imposed to exclude those related to that incident and remanded to the tribunal. II. We begin our review with an in-depth analysis of the statutes that outline the procedure to be used under the Uniform Administrative Procedures Act for hearings of this kind. The Uniform Administrative Procedure Act sprawls through dozens of sections of Title 4, chapter 5 of Tennessee Code Annotated. While it focuses on both an agency's power to make rules and its power to determine contested cases under its rules, it is only the latter subject that concerns us here. The entire chapter, however, is entitled to a \"liberal construction [with] any doubt as to the existence or the extent of a power conferred . . . resolved in favor of the existence of the power.\" Tenn. Code Ann. \u00a7 4-5- 103(a) (1991 Repl.). Part 3 of the Act sets forth the various procedures for hearing and determining contested cases at the agency level and on appeal. In any contested case, the parties are first entitled to notice, which must include \" [a] statement of the . . . nature of the hearing, . . . [a] statement of the legal authority and jurisdiction under which the hearing is to be held, . . . and [a] short and plain statement of the matters asserted.\" Tenn. Code Ann. \u00a7 4-5- 307(b)(1)(2) (3) (1991 Repl.). Here, Dr. McClellan was advised that he could appear before a hearing committee for a hearing conducted in accordance with the Uniform Administrative Procedures Act. The Notice set forth the Act as the legal authority for the hearing. It also contained allegations of fact which plainly stated the accusations.5 5 The notice did not contain the students' names but clearly alleged both incidents pertaining to Ms. White and to the minority student. Unlike the Court of Appeals, we do not find that the Notice failed to satisfy \"basic due process.\" The specific notice requirements in this context are set forth in the statute, Tenn. Code Ann. \u00a7 4-5-307(b)(3) (1991 Repl.) (\"short and plain statement of the matters asserted\"), and in the Board of Regents 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 6/16 policy Policy No. 1:06:00:05 \u00a7 8 (identical language). Neither provision requires the citation to the specified regulations as suggested by the Court of Appeals. Basic due process requires \"notice reasonably calculated under all the circumstances, to apprise interested parties\" of the claims of the opposing parties. Mullane v. Central Hanover Bank Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950). The purpose of due process requirements is to notify the individual in advance in order to allow adequate preparation and reduce surprise. Memphis Light, Gas and Water Division v. Craft, 436 U.S. 1, 14, 98 S.Ct. 1554, 1562-63, 56 L.Ed.2d 30 (1978). Here, the Notice set forth specifically the facts which were alleged. The evidence at trial mirrored the allegations. The Notice more than adequately satisfied constitutional due process as well as the notice requirements of the statute and the regulation. The Court of Appeals set aside the Agency's factual finding regarding Dr. McClellan's demeaning demands on Ms. White not because the evidence did not support the finding, but because the notice \"cited no statute or regulation prohibiting intimidation . . . except in connection with sexual [harassment].\" First, as we have noted, agencies are not required to cite the offended regulation in the notice of hearing. They are only required to include a \"short and plain statement *689 of the matters asserted.\" Tenn. Code Ann. \u00a7 4-5-307(b)(3) (1991 Repl.). 689 More importantly, however, in this Notice the Agency did cite specific regulations deemed to have been violated. The Court of Appeals mistakenly concluded that the cited regulations pertained only to intimidation on the basis of sexual harassment and not to \"unprofessional, improper, and immoral\" intimidation. We respectfully disagree. In addition to the board policies pertinent to sexual harassment Policy No. 2:02:10:01; 5:01:02:00; Guideline P-080, the Agency cited and attached Board Policy 5:02:0300, Academic Freedom, Responsibility, and Tenure. Section 15 of that policy provides that a faculty member \"may be terminated for adequate cause, which includes the following: . . . (e) capricious disregard of accepted standards of professional conduct.\"6 6 The first page of the Notice says policy . . . states that incompetence, indolence, intellectual dishonesty, serious moral dereliction, arbitrary and 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 7/16 capricious disregard of standards of professional conduct, among others, will be grounds for dismissal or other disciplinary matters copy of the policy is attached to the Notice as exhibit 4. Thus, it is clear that Dr. McClellan had adequate prehearing notice of the facts which would be presented against him and of the policies which his conduct might be deemed to violate. This more than satisfies the constitutional due process requirements and the specific statutory and regulatory notice requirements. Having found that the Notice complied with the law, we turn next to the hearing procedure itself. The Notice advised Dr. McClellan that his hearing would be conducted by a hearing committee \"in accordance with Tennessee Uniform Administrative Procedures Act. . . .\" The Act provides for hearings in contested cases to be conducted by hearing panels \"in the presence of an administrative law judge or hearing officer,\" Tenn. Code Ann. \u00a7 4-5-301(a)(1) (1991 Repl.), or by the judge or hearing officer alone. Id. at (2). When the first method is selected, the judge or hearing officer presides, determines the admissibility of evidence, and advises the panel as to the law. Id. at (b). The judge or hearing officer may not participate in the determination of factual questions unless the judge or hearing officer is an agency member. Id. Dr. McClellan challenges the procedure based on his contention that the hearing panel must be comprised of \"members of the Board of Regents or MTSU.\" He further insists that the Uniform Administrative Procedures Act does not \"provide for the utilization of a faculty committee or a hearing committee. . . .\" We disagree. The Act expressly provides for the use of hearing committees. The committees are required to have \"the requisite number of members of the agency as prescribed by law.\" Tenn. Code Ann. \u00a7 4-5-301(a)(1) (1991 Repl.). While the Act does not define \"member,\" its definition of \"agency\" renders Dr. McClellan's argument meaningless. \"Agency\" includes boards, commissions, departments, officers, and units of state government. Tenn. Code Ann. \u00a7 4-5-102(2) (1991 Repl.). While the argument is soluble with reference to boards, commissions, and departments, it loses its reasoning when applied to officers and units of state government. We are required to construe terms reasonably and not in a fashion which will lead to an absurd 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 8/16 result. Loftin v. Langsdon, 813 S.W.2d 475 (Tenn. App.), perm. to appeal denied, (Tenn. 1991). Thus, we do not impose the very limited definition of \"member\" suggested by Dr. McClellan. Under the statute a hearing committee must be constituted as required by law. The Tennessee State Board of Regents' Guidelines, which were promulgated in accordance with the Act's rulemaking provisions, establish uniform hearing procedures for contested cases under the Uniform Administrative Procedures Act. The guidelines provide that [a] hearing committee may be appointed by the president . . . from the administrative, professional staff and/or appropriate employees or students at the institution or school Policy No. 1:06:00:05 \u00a7 5(c). This hearing committee met those requirements. *690 690 While we find nothing prejudicial about the hearing procedure employed, particularly in light of the specific guideline, we rest our decision to affirm the procedure on three other equally important points. First, we focus on the procedural and substantive safeguards which followed the hearing. In this case, the hearing officer and the committee issued an Initial Order. Such an order is required only in cases in which the hearing officer sits alone. Tenn. Code Ann. \u00a7 4-5-314(b) (1991 Repl.). The Initial Order contained specific findings of fact and conclusions of law and comported with all statutory requirements. Id. at (c). Dr. McClellan appealed the Initial Order to the University President, the person designated by agency rule. Id. at -315(b). He did not request a rehearing based on procedural irregularities. Id. at -317(a). He did not raise the issues he now presents in his Petition for Appeal, though required by statute to state the basis for the appeal. Id. at -315(c). On appeal, the President, as the person reviewing the Initial Order, was required to exercise the same authority that the Agency would have had to render a decision had the Agency presided. Id. at (d). In effect, the review conducted by the President is de novo on the record. The reviewing agency or designated person can require a transcript, must allow briefs, and can 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 9/16 allow oral argument. The reviewer may affirm, reverse, or require further proceedings. Id. at (d)-(h). Nothing suggests that the review procedure which preceded the issuance of the Final Order was anything but complete. Consequently, in effect, the actions of the hearing officer and committee became irrelevant after the review and entry of the Final Order second reason for our ruling affirming the procedures used is implicit in the first discussion. Dr. McClellan did not object to the hearing procedures before the hearing, at any time during the hearing, after the hearing, or in his Petition for Appeal. His first complaint was in his Petition for Judicial Review. One appearing before an administrative tribunal must make timely objections to procedural errors and must raise the errors at the administrative level in order to preserve them for consideration in a petition for judicial review. In re Billing Collection Tariffs of So. Cent. Bell, 779 S.W.2d 375, 380 (Tenn. App.), perm. to appeal denied, (Tenn. 1989). Judicial review of an agency decision is confined to the administrative record, except in limited circumstances. Metropolitan Gov't v. Shacklett, 554 S.W.2d 601 (Tenn. 1977). It follows that it is no less incumbent for a party to an administrative proceeding to raise issues of procedural irregularity than it is for a party in a judicial proceeding. The administrative tribunal, like the trial court, must be given the opportunity to correct procedural errors. Allowing parties to acquiesce in the procedures, but to challenge those same procedures on appeal is inefficient and unreasonable. Had Dr. McClellan complained of the procedure initially, or even in his Petition for Appeal of the Initial Order, the procedures could have been clarified or even modified. He did not raise the issue until long after it could have been explored and, if necessary, rectified. He cannot be heard to complain at this late date. 7 8 7 party who alleges that procedural irregularities occurred that are not shown on the record may request that the Chancery Court take proof. Tenn. Code Ann. \u00a7 4-5-322(g) (1995 Supp.). 8 Notably, Dr. McClellan did not request that the Chancery Court take proof on the alleged irregularities. Our final reason for affording Dr. McClellan no relief on his procedural challenges is the Act itself. We have already noted the liberal construction 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 10/16 which we must give the Act resolving issues in favor of an agency's power. Tenn. Code Ann. \u00a7 4-5-103(a) (1991 Repl.). We have alluded to the deference required of agency actions. In addition, the Act requires that \"[n]o agency decision pursuant to a hearing in a contested case shall be reversed, remanded or modified . . . unless for errors which affect the merits of the decision.\" Id. at -322(i) (1995 Supp.). The Davidson County Chancery Court and the Court of Appeals (with the exception already discussed) found no error affecting the merits. While we realize that this statutory *691 \"harmless error\" rule specifically applies to the \"reviewing court,\" we find that none of the complaints raised by Dr. McClellan affected the decision which was clearly supported by the evidence and subjected to multiple reviews. Dr. McClellan was provided a fair hearing and meaningful review in accordance with the Uniform Administrative Procedures Act. We deny relief on the basis of the claimed procedural irregularities. 691 III. The second issue for our consideration is whether substantial and material evidence supports the findings that Dr. McClellan violated the applicable policies pertaining to harassment. Dr. McClellan challenges the factual findings as being insufficient. We must determine whether \"such relevant evidence as a reasonable mind might accept to support a rational conclusion and . . . to furnish a reasonably sound basis for the action\" exists on this record. Pace v. Garbage Disposal of Wash. Co., 54 Tenn. App. 263, 390 S.W.2d 461, 463 (1965). The State Board of Regents Policy in applicable part states: II. General Statement Sexual harassment and racial harassment have been held to constitute a form of discrimination prohibited by Title of the Civil Rights Act of 1964, as amended and Title of the Educational Amendments of 1972. Other types of harassment are prohibited by applicable law. An institution or school may be held liable pursuant to Title and/or lose federal funds pursuant to Title for failure to properly investigate and remedy claims of sexual or racial harassment. 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 11/16 A. Generally, sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one of the following criteria is met: . . . . . 3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment. Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred. Thus, sexual harassment may occur when conduct of a sexual nature affects an individual's work or educational experience or creates an intimidating, hostile, or offensive work or educational environment. The policy correctly does not differentiate between sexual harassment in the workplace and sexual harassment in an academic setting. There is no meaningful difference. In analyzing the evidence in this case we turn, as we often have in cases under our state's Human Rights Act, to Title VII, the federal employment discrimination statute. Recently we noted in Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996) that the United States Supreme Court first recognized hostile environment harassment under Title in the case of Meritor Saving Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). In Meritor, the Court recognized that \"Title affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.\" 477 U.S. at 65, 106 S.Ct. at 2405 (citing Rogers v. E.E.O.C, 454 F.2d 234 (5th Cir. 1971)). When the harassing conduct has \"the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment,\" it is actionable. Id. at 65, 106 S.Ct. at 2404-05. Although Meritor and Rogers were employment discrimination cases, their rationales are applicable in the academic environment as well. See Doe v. 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 12/16 Taylor Indep. School Distr., 975 F.2d 137, 149 (5th Cir. 1992). \"Women need not endure sexual harassment by state actors under any circumstances, the school setting included.\" 975 F.2d at 149. Here, the State Board of Regents policy specifically defined sexual harassment. *692 That definition includes: \"Unwelcome sexual advances . . . and other verbal or physical conduct of a sexual nature when . . . such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment.\" Guideline P-080, II, A. 3. Thus, it is apparent that the Board policy mirrors the present United States Supreme Court holdings defining sexual harassment. Our inquiry is whether material and substantial evidence in this case establishes that Dr. McClellan's conduct constituted sexual harassment of Ms. White. 692 Like most disputes that are resolved in our courts or administrative tribunals, the evidence in this case is controverted. Ms. White and three eyewitnesses detailed the conduct of Dr. McClellan during the administration of Ms. White's EKG. Their testimony is consistent. Further, their testimony establishes, at the very least, verbal conduct of a sexual nature which interfered with Ms. White's educational experience. Ms. White's testimony, more explicit than the others, establishes inappropriate physical conduct, including physical contact as well. Conversely, Dr. McClellan's testimony casts an innocent light on the episode. His witnesses, while corroborative of portions of his testimony, were not physically present in the room. Their testimony is therefore less probative on what occurred inside than is the testimony of the persons actually present. Based on these facts, a reasonable person could conclude that Dr. McClellan's conduct was of a sexual nature and created an offensive educational environment for Ms. White. Specifically, Ms. White detailed the effect that the conduct had on her. While Dr. McClellan emphasizes that she functioned well enough to get an \"A\" in the class, that does not foreclose a finding that the environment was offensive or even intimidating. History is replete with examples of determined persons who fared well despite adversity. 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 13/16 Dr. McClellan argues that his absence of prurient intent bars a finding of sexual harassment. We disagree. The definition of sexual harassment set forth in the guidelines, which is the equivalent of that in the statutes, demonstrates that the focus is on the effect of the conduct on the victim rather than the intent of the actor. Ms. White described herself as shy and private. Her demeanor on the stand, gleaned from her testimony, supports this description. The incidents caused her to seek psychological counseling and treatment for depression. Dr. McClellan repeatedly described his remark as \"flippant\" and \"facetious\" arguing that it \"strains credulity to believe that a reasonable person\" could be affected. This argument, while wholly consistent with Dr. McClellan's crude manner, disregards the objective standard applied in the Sixth Circuit and in Tennessee Yates v. Avco Corp., 819 F.2d 630, 637 (6th Cir. 1987). Applying that standard, rather than the approach taken by Dr. McClellan, we conclude with little difficulty that the incident violated the Board Policy on sexual harassment.9 9 Although not the basis for any of the violations found against Dr. McClellan, the record is replete with other examples of Dr. McClellan's harassing conduct toward the female students. On one occasion as he tried to enter the room being held shut by Ms. White, he described himself as \"like a madman from a monster movie\" trying to get in. Dr. McClellan also argues that his conduct cannot rise to the level of sexual harassment because it was an isolated incident. While acts must be \"sufficiently severe or pervasive\" to constitute sexual harassment, that requirement does not, by definition, exclude cases in which a single incident occurs. If a single incident is severe, it may be actionable as sexual harassment despite the fact that the conduct was not repeated. In other words, conduct may be actionable because of frequency or gravity. See e.g., Ellison v. Brady, 924 F.2d 872, 878 (9th Cir. 1991); Andrews v. City of Philadelphia, 895 F.2d 1469, 1484 (3rd Cir. 1990); Carrero v. New York City Housing Authority, 890 F.2d 569, 578 (2nd Cir. 1989 single incident, of sufficient gravity, may constitute sexual harassment. See Campbell v. *693 Kansas State University, 780 F. Supp. 755 (D.Kan. 1991). 693 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 14/16 In this case conflicting testimony was presented. Issues of credibility and weight were resolved against Dr. McClellan at every level. Our review is limited to determining whether the findings are supported by substantial and material evidence. Southern Ry. Co. v. State Bd. of Equalization, 682 S.W.2d 196 (Tenn. 1984). We are not at liberty to reevaluate the evidence or substitute our judgment for that of the fact-finder. Humana of Tenn. v. Tennessee Health Facilities Comm'n, 551 S.W.2d 664 (Tenn. 1977). The evidence is sufficient to establish a violation of the Board policies prohibiting sexual harassment and unprofessional conduct. As noted by the learned Chancellor: \"[t]he appropriate remedy is peculiarly within the discretion of the [agency]. . . .\" Having found grounds to affirm the procedures employed, facts found, and conclusions reached, we will not interfere with the sanctions imposed upon Dr. McClellan. We remand for the appropriate imposition of those sanctions and tax the costs of this appeal to Dr. McClellan. ANDERSON, C.J., and and BIRCH, JJ., concur. *209 209 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 15/16 Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 6:53 McClellan v. Bd. of Regents of State, 921 S.W.2d 684 | Casetext Search + Citator 16/16"} |
7,714 | Herman van Halbeek | University of Georgia | [] | {} |
8,749 | David Sabatini | Howard Hughes Medical Institute | [
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] | {"8749_101.pdf": "Biotech founder researcher Sabatini alleges sexual harassment claims against him are false By Kyle LaHucik Oct 22, 2021 10:35am academia Ethics Lawsuits Howard Hughes Medical Institute academia Ethics Lawsuits Howard Hughes Medical Institute Whitehead Institute Biotech Massachusetts Institute of Technology biology Professor David Sabatini, M.D., Ph.D., who's launched multiple biotechs, said in a court filing he's the victim of false claims of sexual harassment. Two months ago, Sabatini was ousted from his lab at MIT's Whitehead Institute and was \"no longer associated\" with either Whitehead or the Howard Hughes Medical Institute after a sexual harassment investigation came to the forefront in August. Now, in a filing received by a Massachusetts court Wednesday, Sabatini says the claims against him are revengeful. Fierce Biotech does not identify the names of the alleged victims of sexual harassment. \"This case involves the manipulation and abuse of laws and policies designed to ensure workplace equality to instead punish an ex- lover,\" the document reads in part. The person who alleged sexual harassment against him referred to him as \"a Harvey Weinstein\" to colleagues, according to the court document. Allegations against Weinstein helped spark the #MeToo movement. RELATED: Sabatini, biotech founder and mTOR pioneer, ousted after sexual harassment investigation ( investigation) Details of the specific allegations against Sabatini are yet to emerge. Back in August, Ruth Lehmann, Ph.D., director of the Whitehead Institute, emailed staff to disclose the split with Sabatini and said an investigation into Sabatini by a law firm found the researcher \u201cviolated the Institute\u2019s policies on sexual harassment among other Whitehead policies unrelated to research misconduct.\u201d Now, the Massachusetts court document states Sabatini and a peer had engaged in a \"consensual sexual relationship\" beginning in April 2018. The two originally met in 2012, when she enrolled in a course Sabatini was teaching at MIT. The sexual relationship was \"effectively over by July 2019,\" and, throughout the remainder of that year and early 2020, Sabatini \"made clear\" to the person that \"he did not want a long term relationship with her,\" according to the court document. Following the end of the relationship, she continued to attempt sexual and emotional engagements \"despite his repeated requests that she stop,\" the filing reads. \"The exact opposite was the case\" is how the court document refers to the sexual harassment claims against Sabatini. The lawsuit attempts to build up Sabatini's credibility as a promoter of women in life sciences even after the sexual harassment claims against him. Sabatini is represented by attorneys at Arrowood. The lawsuit is against the accuser and Lehmann. The investigation into Sabatini was spurred by results from a diversity, equity and inclusion survey that highlighted \"issues of particular concern in the Sabatini Lab,\" which included nearly 40 members. The investigation began in March of this year to look into the culture within Sabatini\u2019s lab. The survey that led to the investigation was completed by \u201cless than a half-dozen\u201d people in the lab, the court record claims. Sabatini claims Whitehead\u2019s attorneys attempted to \u201celicit unflattering information about Dr. Sabatini\u201d from lab members and that \u201cseveral interviewees\u201d complained to the institute\u2019s director about bias from the lawyers and \u201ctheir intransigent refusal to listen to the truth.\u201d Sabatini claimed Whitehead did not allow his lawyers to be present when the investigators interviewed him. The investigation led to a 229-page report, which Whitehead received Aug. 13. Seven days later, Sabatini was ousted. Sabatini's work has helped lead to the discovery of mTOR, a key regulator of growth in animals, and drugs from Novartis and Pfizer that inhibit the protein kinase. The researcher helped form Navitor Pharmaceuticals, Raze Therapeutics (launched ( to-Advance-a-New-Class-of-Oncology-Therapeutics-Targeting-Metabolic-Pathways-Essential-to-Cancer-Growth-and-Survival)in 2014 and shuttered in 2017) and Therapeutics, which he co-founded ( million-financing-pioneer-high-confidence-drug-development/) in 2015 as a scientific leader. Cell nutrient signaling and cancer metabolism research from Sabatini helped lay the groundwork for those biotechs. \u00a92025 Questex All rights reserved.", "8749_102.pdf": "+ Tech In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct By Anna Merlan April 29, 2022, 11:40am Share: In recent days, NYU\u2019s Grossman School of Medicine has been in an uproar over the potential hiring of cancer biologist David Sabatini, who left three other 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 1/16 institutions\u2014MIT, the Whitehead Institute for Biomedical Research, and the Howard Hughes Medical Institute\u2014over claims of sexual misconduct against him. On Thursday, about 200 faculty and students staged a walkout over Sabatini\u2019s potential hiring, while faculty members signed a letter of protest. Also on Thursday, in a lengthy Zoom town hall with some research faculty and trainees at the medical school, senior administrators defended the hiring process they\u2019re currently engaged in, and strongly implied that claims of sexual misconduct against Sabatini were untrue. Audio of the meeting, which was provided to Motherboard and other news outlets, shows senior leadership at the medical school dismissing the controversy around Sabatini as a function of an incomplete investigation and social media-driven cancel culture, the latter of which dean and Robert Grossman also denounced in a bizarre school-wide email earlier this month 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 2/16 few people have asked, why hire someone who has this type of controversy instead of hiring an equally talented scientist that doesn\u2019t have these accusations?\u201d one administrator said during the meeting. \u201cThe only thing can say is that we hired a fair number of people here that had controversy surrounding them, the only thing that changed is social media. That\u2019s really the only thing.\u201d Sabatini resigned from earlier this month, where he was a tenured professor, after three senior officials recommended revoking that tenure. According to reporting from Science found that Sabatini had engaged in a sexual relationship with a woman over whom he held \u201ca career-influencing role,\u201d the How Meta Fails to Stop Predators | Informer 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 3/16 administrators wrote. Additionally, they said \u201che did not disclose the relationship at any time to his supervisors, and he failed to take any steps to relinquish his mentoring and career-influencing roles, as the policy requires.\u201d In 2021, Sabatini resigned from the MIT-affiliated Whitehead Institute for Biomedical Research after a sexual harassment investigation; he then went on to sue Whitehead for defamation, and also sued a junior colleague who said that he had sexually harassed her, saying he was the victim of a smear campaign made \u201cto exact revenge against a former lover.\u201d The woman countersued in December. At the same time that he left Whitehead, the institute\u2019s funder, the Howard Hughes Medical Institute, fired him, finding he\u2019d violated the institute\u2019s \u201cpolicies on sexual harassment.\u201d (Sabatini had been on leave from since his August 2021 ouster from Whitehead while officials explored revoking his tenure there.) All of which goes some way to show why students and faculty at responded less than favorably to the news that was considering hiring him. Sabatini\u2019s father, David D. Sabatini, is a former longtime department chair and professor emeritus there senior official, Dafna Bar-Sagi, said in the Zoom meeting that she had not spoken with David Sabatini Sr. about his son\u2019s hiring process. \u201cThere is no relationship between the way we are addressing this particular recruitment opportunity and the fact that his father is a very respected member of our community,\u201d she said.) 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 4/16 Thursday\u2019s town hall invitation was initially extended to the entire medical school community; later, administrators said that due to Zoom limitations, only \u201ctrainees, research faculty and research leadership\u201d would be allowed to attend. In response, according to one postdoctoral fellow who spoke to Motherboard, people with the Zoom link organized viewings across various buildings. The room the postdoc sat in was full of \u201crueful laughter\u201d as they watched the proceedings unfold. According to the postdoc, as well as reporting by student reporters, everyone invited to the Zoom meeting had a watermark of their email address emblazoned across the bottom of their screens, which some attendees took to be an intimidation tactic, and would mean any potential leaks would be traced back to their source. According to a meeting invitation viewed by Motherboard, the meeting was chaired by four senior administrators at NYU\u2019s medical school: Dafna Bar-Sagi and Nancy Sanchez, both executive vice presidents at the school, Joan Cangiarella, an associate dean, and Annette Johnson, the school\u2019s general counsel and chief legal officer. In the 90-minute meeting, Johnson said, \u201cWe are dealing with a narrative that we believe is not accurate.\u201d She added, \u201cThere is this concern that there\u2019s a hostile environment and that\u2026 we are proposing to let loose a sexual predator and have unsafe laboratories. This is coming largely from media.\u201d Johnson also said that one of the accuser\u2019s attorneys is \u201ca most zealous 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 5/16 advocate for women\u2019s causes\u201d and was married to someone at the Boston Globe. \u201cSo there\u2019s this is to us explains why there is the so much in social media and why the Boston Globe in particular has adopted the narrative of sexual predators that we find inaccurate.\u201d Johnson also said they believe the conclusions reached at and Whitehead are not \u201centirely solid,\u201d because, she said \u201cof a lack of due process. Due process requires notice to the individual of the charges against you, and it requires an opportunity to be heard and to rebut the accusations against him.\u201d Johnson also said that they believe Sabatini won\u2019t have relationships with anyone else in a laboratory, while also implying there was nothing wrong with those relationships to begin with. \u201cThere is no reason to believe that he has not taken all of that to heart and recognize that the behavior that might have been permitted should not what should not be permitted in a professional laboratory,\u201d she said. \u201cSo am 100 percent certain that he is not going to have a relationship with person in the laboratory again. And this person, by the way, was not in his laboratory and had an independent laboratory.\u201d Bar-Sagi also told the meeting attendees that she was \u201cconvinced\u201d an alternate narrative of Sabatini\u2019s behavior would soon emerge. \u201cI\u2019m also convinced that over the next few days, you\u2019re going to see a fair number of hopefully balanced 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 6/16 accounts of some of the ways people are thinking about it, because it garnered obviously a lot of attention. And believe that now there are many people that are thinking about it from multiple, multiple standpoints.\u201d She also said the medical school was in the process of \u201cputting together something putting together an internal site that will contain some of the documents that we have discussed,\u201d meaning documents related to the previous investigations into Sabatini\u2019s behavior as well as the \u201cdue diligence is conducting. \u201cIf you want to believe the moral high ground stance, we have to consider everyone fairly,\u201d the postdoc who listened in to the meeting told Motherboard. \u201cBut that doesn\u2019t mean you act as a team for him towards your own community.\u201d The town hall followed a flurry of communications from senior leadership defending the propriety of the hiring process. An email co-signed by Bar-Sagi and Grossman said that the school was reviewing the circumstances surrounding Sabatini\u2019s departure from MIT. \u201c[W]e have undertaken a careful and thorough due diligence process that includes a full examination of all available facts and evidence in this case,\u201d Grossman and Bar-Sagi wrote. In the near future, they added, \u201cwe will have more to say on our review and our findings, and we regret that some of you had to learn about this through the press. We are aware of an upcoming Science story, and while we provided that publication with a brief statement, we also gather that the story may contain a number of inaccuracies. 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 7/16 We urge you to disregard rumor and insinuation and wait for a full and fair accounting of the facts.\u201d Another April 21 email titled \u201cCivility Rules\u201d came from Grossman alone. It didn\u2019t mention Sabatini by name, but contained a lengthy attack on news media, anonymous online discourse and what Grossman termed \u201cvulgarity and tawdriness.\u201d \u201cThe electronic age has provided a platform where frankly anything goes,\u201d Grossman wrote. \u201cYou can mock, troll, and bully to beat the band. And you can do so anonymously. Cable channels enable mean-spirited, aggressive comments 24/7. Newspapers can get away with anything that fits a slanted narrative, regardless of the facts. And anger has become the currency of those with perceived grievances. So why were we surprised when Will Smith smacked Chris Rock? C\u2019est normal.\u201d 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 8/16 Grossman added, \u201cIn an age where everyone is looking for a \u2018gotcha\u2019 moment, where manners, decency, and courtesy seem drowned in an ocean of vulgarity and tawdriness, are we just inured to such ugliness? In a flash, a mob feels compelled to stridently \u2018cancel\u2019 someone with different thoughts, or to baselessly attack an individual in ways that can be difficult to disprove.\u201d In addition to these voluminous communications also created a Twitter account in January that has been used of late to defend Sabatini\u2019s hiring process. The postdoctoral fellow said that the overwhelming impression from many medical school community members is that the hiring is all but confirmed. \u201cAmongst ourselves we\u2019ve been wondering why the institution would subject themselves to such a nightmare and potentially damage their reputation for years to come,\u201d the postdoc told Motherboard. \u201cThey\u2019ve already lost in the court of public opinion, and they\u2019re going to face strong headwinds in recruiting new trainees in the coming years, especially graduate students.\u201d Some community members have come to the conclusion that Sabatini\u2019s hiring is a financial decision, 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 9/16 and that Sabatini\u2019s prestige will attract large grants and other attractive outside funding to the institution. \u201cThe only plausible answer,\u201d the postdoc said, \u201cit seems is that they\u2019ve made the cynical calculation that the prospective financial boon of bringing on Sabatini outweighs the fallout in the long run.\u201d (In the Zoom meeting, Bar-Sagi told the audience, \u201cThere is no private donation coming with Sabatini didn\u2019t immediately respond to a request for comment from Motherboard. In response to a request for comment, a person representing Sabatini himself sent the following statement from him, which we\u2019ve reprinted in full have mentored dozens of women who succeeded professionally and personally understand how upset many in the community who have not heard all of the facts are about the possibility that might join the faculty there. The concern is based on a misunderstanding of what happened in Boston regarding a romantic relationship had with a 30-year-old principal investigator who had her own separate lab. Female students and scientists deserve support and a lab environment free from inappropriate conduct, which firmly believe provided only want a fair assessment of the facts of the situation and to get back to work. \u201c 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 10/16 Update, 11:58 a.m.: After publication, an Grossman School of Medicine spokesperson responded with a link to their statement, published yesterday on the Langone Health Responds\u201d Twitter account. View on Update, 4:15 p.m.: The attorneys for the alleged victim who is countersuing Sabatini issued a lengthy statement, calling the statements made during the town hall \u201cas irresponsible as they are inaccurate.\u201d Attorneys Ellen Zucker and Nancy Gertner, a former U.S. federal judge, wrote, in part, that the institutions who ousted Sabatini took \u201cextraordinary \u2013 and important\u2013 institutional steps, taken only after considered and responsible review.\u201d They add: It is one thing to hire Prof. Sabatini; we take no position as to whether should do that. But it is quite another to disparage the complainant, Whitehead, its woman head, HHMI, and MIT. It is certainly our hope that will do what it feels it should do without further irresponsible commentary. It does not serve that 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 11/16 institution \u2013 or the young women and men who come to it to train \u2013 to continue down this path. Tagged Share NEWSLETTER. Your email... Subscribe By signing up, you agree to the Terms of Use and Privacy Policy & to receive electronic communications from Media Group, which may include marketing promotions, advertisements and sponsored content. 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 12/16 Wild Wolves Became Dogs for Easier Access to Snacks \u2018Fellowship\u2019 Brings the Thrill of \u2018World of Warcraft\u2019 Dungeons Without all the Necessary Set Up (Demo Impressions 7 7 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 13/16 There\u2019s Lead in Your Water\u2014But Brewing Tea Can Fix That \u2018Pokemon Champions\u2019 Looks Like a Modern-Age \u2018Pokemon Stadium\u2019, and Hope It Has Mini-Games BUILDER\u2019 Is the Weirdest Game I\u2019ve Ever Played, and Love Everything About It (Demo Impressions Legendary United States Is About to Sink\u2014and Become the World\u2019s Largest Artificial Reef 7 7 8 8 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 14/16 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 15/16 \u2018Helldivers 2\u2019 Is So Good, a Session With the Games Squad Ended With a Major Existential Crisis High School Wrestler Suing After Disqualification Over Bleacher Brawl Your Neighbors Are Trying to Stop Your Sex Parties Is Your Date \u2018Kittenfishing\u2019 You? 9 9 9 10 \u00a9 2025 2/27/25, 6:54 In Secret Meeting Defends Potential Hiring of Researcher Accused of Sexual Misconduct 16/16", "8749_103.pdf": "Biotech founder David Sabatini placed on leave following investigation into sexual harassment By Nick Stoico \u2014 The Boston GlobeAug. 21, 2021 Charles Krupa prominent biology professor and biotech founder at the Massachusetts Institute of Technology has been placed on administrative leave following 2/27/25, 6:54 Biotech founder David Sabatini placed on leave after harassment probe 1/2 an investigation into claims of sexual harassment, according to a letter from the dean of MIT\u2019s School of Science that was sent to biology faculty members Friday. Dr. David Sabatini, who leads the Sabatini Lab at MIT\u2019s Whitehead Institute, \u201cis no longer associated\u201d with the institute or the Howard Hughes Medical Institute, Dr. Nergis Mavalvala wrote in the letter, a copy of which was obtained by the Globe. Mavalvala wrote that the investigator\u2019s report \u201craises very serious concerns about sexual and workplace harassment.\u201d Sabatini also could not be reached for comment via phone or e-mail. To read the rest of this story subscribe to STAT+. About the Author Nick Stoico \u2014 The Boston Globe To submit a correction request, please visit our Contact Us page. 2/27/25, 6:54 Biotech founder David Sabatini placed on leave after harassment probe 2/2"} |
7,379 | Richard Fraher | Indiana University - Bloomington | [
"7379_101.pdf"
] | {"7379_101.pdf": "Maurer School of Law: Indiana University Maurer School of Law: Indiana University Digital Repository @ Maurer Law Digital Repository @ Maurer Law Bryant Garth (1986-1987 Acting; 1987-1990) Maurer Deans 12-11-1991 Professor's Suite Dropped; Case Lacking Evidence Professor's Suite Dropped; Case Lacking Evidence Robert Niles Indiana Daily Student Follow this and additional works at: Part of the Legal Biography Commons, Legal Education Commons, and the Legal Profession Commons Recommended Citation Recommended Citation Niles, Robert, \"Professor's Suite Dropped; Case Lacking Evidence\" (1991). Bryant Garth (1986-1987 Acting; 1987-1990). 16. This Misc. Materials related to Dean Bryant Garth is brought to you for free and open access by the Maurer Deans at Digital Repository @ Maurer Law. It has been accepted for inclusion in Bryant Garth (1986-1987 Acting; 1987-1990) by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Wednesday, Dec. 11, 1991 Indiana Daily Student Professor's suit dropped; case lacking evidence By Robert Niies Indiana Daily Student federal judge on Tuesday dropped a $2 mil- lion lawsuit filed against by former Jaw Pro- fessor Richard Fraher who claimed the Universi- ty violated his civil rights during a sexual harassment investigation. In the suit, which was filed in May, Fraher said he was \"coerced\" into resigning in 1990 during a Jaw school investigation into charges that he sexually harassed students and staff members. Fraher in his suit sought reinstatement as a tenured faculty member, more than $70,000 in back pay and $2 million in punitive damages from the University. U.S. District Court Judge Larry McKinney dismissed the lawsuit because of Jack of evidence supporting Fraher's charges. In a transcript of depositions filed with the court, Fraher admitted he had affairs with one student and one staff member and had \"improp- er relationships\" with at least two other. students\u00b7 between 1987 and 1990. But he said in the depositions that all the women consented to the relationships and this should not be considered sexual harassment. \"That is a matter of ethics, not University regulations,\" Fraher said in his testimony. Documents from the trial were not made pub- lic until August. Fraher refused to comment Tuesday afternoon about the suit's dismissal do not now, nor in the future, have any comment regarding my relationship with Indiana University,\" Fraher said. Fraher said in his court testimony that the law school faculty members violated his constitution- al rights in the investigation by not properly informing him about the charges against him and not giving him the chance to confront his accus- ers. Former law school Dean Bryant Garth, who was a co-defendant in the suit, denied these charges and told the court Fraher could not cross-examine his accusers because he resigned before the investigation could be completed. Fraher in the suit also accused Garth of with- holding $10,250 the law school owed him. Fraher said Garth withheld the money pending the outcome of the investigation. \"Withholding $ 10,250 of my money that would be released only on my resignation seems coercive, especially when it is taken without no- tice or hearing,\" Fraher said in his testimony. Fraher in the suit said he resigned in March 1990 because his marriage was beginning to crumble as a result of the investigation. Attorney Susan Tabler, the University's lawyer in the suit, said in the suit that Fraher decided to sue only when he discovered that other universi- ties would not hire him because of the allega- tions. \"What (Fraher) is trying to do here is renege on a deal,\" Tabler told the court. Fraher claimed in the suit other universities turned him down because of the investigation. He said Harvard, Syracuse, New York and Northwestern Universities all turned him down."} |
7,541 | Vincent Martin | San Diego State University | [
"7541_101.pdf",
"7541_102.pdf",
"7541_103.pdf",
"7541_104.pdf",
"7541_105.pdf"
] | {"7541_101.pdf": "Prof Who Sexually Harassed Students No Longer Works at School By Paul Krueger \u2022 Published November 24, 2015 \u2022 Updated on November 25, 2015 at 3:32 pm San Diego State professor who sexually harassed at least four female students, asking one to dress as a French maid, no longer works at the university 7 Investigates learned late Tuesday that Professor Vincent Martin was either fired or resigned last Thursday. Just months after Martin started work at in fall 2011, a female student accused Martin of harassment document obtained by 7 confirms Martin asked that student to meet him at hotel in Seattle and suggested she wear a \"French Maid outfit.\" Since then investigators have confirmed Martin sexually harassed three other women who took his Spanish literature classes. Watch 24/7 \ud83c\udfeb Supporting Our Schools \ud83d\udcfa Free Streaming 24/7 \ud83c\udfa7 News Podcast \ud83d\udcc3 Ex\u2026 2/27/25, 6:54 Prof Who Sexually Harassed Students No Longer Works at School 7 San Diego 1/5 Records show Martin received a 30-day suspension in two of those cases. The university has not yet revealed what punishment, if any, Martin received for harassing the third student. But late Tuesday afternoon, a university spokesperson revealed that Martin has not been employed at since last week. That disclosure was made in an email sent to 7 Investigates. It included no details about Martin\u2019s departure and administrators were not available to answer to questions about why, and under what terms, Martin left the university. Neither Martin nor his attorney have offered comment for this story. 2/27/25, 6:54 Prof Who Sexually Harassed Students No Longer Works at School 7 San Diego 2/5 In a statement administrators said, the university \"is limited, legally, with the disciplinary actions we can take until the faculty exhausts his or her due process.\" Read the full statement below. Local 7 & Telemundo 20 are SCHOOLS! Help make an impact on the education of San Diego County students! 5 World champion surfer aims to create \u2018wave of change' for San Diego youth decision letter from a previous arbitration hearing revealed Martin resigned from a job at the University of Delaware after he was accused of sexual harassment by a female student. Just months later, during his first semester at in fall 2011, he began the same behavior, the documents show. Martin received an informal warning about his actions, according to the letter, and an vice president told him his text messages were \"inappropriate.\" Martin admitted he should not have sent the French maid text, the letter says. However, less than two years later, he was accused of sexually harassing two more students administrators released the following statement about the University\u2019s discipline process: \u201cFaculty at are employed under a collectively bargained contract that is negotiated at the system level and grants faculty certain rights, even in cases involving claims of sexual harassment is limited, legally, with the disciplinary actions we can take until the faculty exhausts his or her due process does not have discretion to simply terminate a faculty member without providing these due process rights, per their contract. Faculty are afforded the right to a hearing on the discipline wherein the third party reviewer determines whether the university's discipline is appropriate takes all steps to ensure the discipline is appropriate (and appropriately severe) given the specific facts of the case and can be supported and upheld at hearing 28 2/27/25, 6:54 Prof Who Sexually Harassed Students No Longer Works at School 7 San Diego 3/5 Weather Forecast 78\u00b0 Sunny 0% Precip 55 65 Book Your Low Priced Cruise (See Offers Play Now Play War Thunder now for free Play Now Join new Free to Play War Thunder Play Now Crossout 2.0: Supercharged Learn More The rise of health misinformation is a growing global crisis. Here's how advocates arefi \ufb01ghting it 2/27/25, 6:54 Prof Who Sexually Harassed Students No Longer Works at School 7 San Diego 4/5 7 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Careers at 7 Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/27/25, 6:54 Prof Who Sexually Harassed Students No Longer Works at School 7 San Diego 5/5", "7541_102.pdf": "Arbitration Hearing Set for Professor Accused of Sexual Harassment will hold an arbitration hearing, where Professor Vincent Martin and the women accusing him will come face-to-face By Mari Payton and Paul Krueger \u2022 Published July 7, 2015 \u2022 Updated on July 7, 2015 at 6:49 pm Vincent Martin, the professor accused of sexually harassing three female students, will come face to face with his accusers at an arbitration hearing Wednesday 7 Investigates\u2019 Mari Payton reports. Watch 24/7 \ud83c\udfeb Supporting Our Schools \ud83d\udcfa Free Streaming 24/7 \ud83c\udfa7 News Podcast \ud83d\udcc3 Ex\u2026 2/27/25, 6:54 Arbitration Hearing Set for Professor Accused of Sexual Harassment 7 San Diego 1/4 San Diego State University Spanish professor, found to have violated the state education code by sexually harassing three women, is appealing the university\u2019s findings and is scheduled to come face- to-face with his alleged victims in an arbitration hearing Wednesday professor Vincent Martin is still teaching classes, despite internal investigations that confirm he sexually harassed at least three of his former students. Attorney Bibi Fell, who represents one of the women accusing Martin of sexual harassment, said her client will be questioned by Martin's attorney and the university during the arbitration hearing. The women are there as \"witnesses\" and are typically not allowed to have an attorney present. \u201cTo have to sit there in the same room as Professor Martin and be cross-examined about what he did to them is like making them a victim all over again,\u201d Fell said think it's an important case for San Diego, especially for students at SDSU. This is a person that's put in a position of power over a large number of people including women. And so if this is going on at the school think it's important to put an end to it.\u201d One student told 7 Investigates she was harassed through text messages, another by unwelcome touching and sexual comments third student said she had a consensual sexual relationship with Martin, but according to an investigation report, Martin \u201cengaged in conduct sufficiently severe and/or pervasive\u201d with her, and Martin\u2019s overall behavior violated SDSU\u2019s policy against sexual harassment. Click here to see the complete investigation: \u201cAn arbitration hearing is something that doesn\u2019t go through the formal court system,\u201d Fell said. \u201cIt\u2019s a private hearing without a judge with a neutral third party who is making determinations.\u201d Local 7 & Telemundo 20 are SCHOOLS! Help make an impact on the education of San Diego County students! 5 World champion surfer aims to create \u2018wave of change' for San Diego youth 28 2/27/25, 6:54 Arbitration Hearing Set for Professor Accused of Sexual Harassment 7 San Diego 2/4 The arbitrator will make a decision based on the testimony and evidence presented at the hearing and ultimately decide Martin's fate 7 Investigates reached out to Martin, his attorney and the university for comment. The university said it would not be commenting at this time 7 Investigates did not hear back from Martin or his attorney. Previously, his attorney told 7 Investigates that Martin disagrees with the findings of the investigation. \u201cAfter the appeals process is over expect that we will see a confirmation of the underlying findings and some discipline,\u201d Fell said. Regardless of the hearing's outcome, Fell said she will file a civil suit on behalf of her client 7 Investigates is working for you. If you have more information about this or other story tips, contact us: (619) 578-0393, [email protected]. To receive the latest 7 Investigates stories subscribe to our newsletter Book Your Low Priced Cruise (See Offers Play Now Join new Free to Play War Thunder Play Now War Thunder - Register now for free and play against over 75 Million real Players Play Now Crossout 2.0: Supercharged Learn More 2/27/25, 6:54 Arbitration Hearing Set for Professor Accused of Sexual Harassment 7 San Diego 3/4 Weather Forecast 78\u00b0 Sunny 0% Precip 55 65 7 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Careers at 7 Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/27/25, 6:54 Arbitration Hearing Set for Professor Accused of Sexual Harassment 7 San Diego 4/4", "7541_103.pdf": "Professor\u2019s mysterious exit included confidentiality pact News \ue803Campus News \ue803Professor\u2019s mysterious exit included confidentiality pact February 22, 2016 > Kerry McCabe Former professor Vincent Martin was accused of sexually harassing a female stude Former university professor Vincent Martin\u2019s had a confidentiality agreement in pl Delaware after his departure from the school in 2011. The agreement is mentioned in letters between Michele D. Allen, Martin\u2019s Delaware and Marc Mootchnik, General Counsel for San Diego State University (SDSU). Marti Delaware in 2011 before being hired at SDSU. He was recently terminated from \u201cunprofessional conduct and failure and refusal to perform the normal duties of hi position.\u201d Arbitration documents from have shown that Martin\u2019s time at Delaware ende result of a sexual harassment allegation. He left the school shortly after a study abr to Madrid, Spain in the summer of 2010. The University of Delaware declined to comment on the existence of a confidential agreement, and has declined comment in the past regarding the reason Martin left Delaware. Allen could not be reached for comment via phone or email. Before working for Delaware, Martin had an unnamed position at the University of Florida (UNF). In response to The Review\u2019s Freedom of Information Act request for documents and records regarding his time at UNF, including complaints about misconduct, Public Relations director Joanna Norris said the only information they 2/27/25, 6:55 Professor\u2019s mysterious exit included confidentiality pact | The Review 1/3 from his time at the school is the dates of his employment, which were from Augus until August 13, 1998. Mootchnik said the issue arose after Allen sent a letter to SDSU, dated September 1 alleging that the school had received confidential information regarding Martin\u2019s e Delaware, and had improperly used it during their arbitration meetings with him in She requested they reveal the source of the information and stop using it against he mentioning an \u201cagreement\u201d in the process. \u201cFailure to comply with this request will force my Firm to seek Court intervention t prevent the University from using and disseminating this confidential information seek damages against the University for tortuously [sic] interfering with Mr. Martin agreement,\u201d Allen\u2019s letter said. Allen said in her letter the usage of this information had led to ask Martin th following questions during a disciplinary hearing: \u201cIsn\u2019t it true you resigned from t University of Delaware with a settlement agreement?\u201d and \u201cHave you been accused sexual harassment?\u201d In a written response to Allen two days later, Mootchnik said that those questions h based on prior experiences with professors accused of sexual harassment, an such professors normally have a \u201chistory of similar behavior.\u201d Additionally, Mootchnik\u2019s letter stated that Delaware provided no information rega the circumstances surrounding Martin\u2019s exit from the university. \u201cWe just took a shot in the dark, basically,\u201d Mootchnik said in an interview. \u201cWe pre that there was something, that he was let go from the University of Delaware becau some allegations.\u201d Confidentiality agreements are not uncommon among private institutions, he said, added that had known of such an agreement, free of context, prior to hiring it would not necessarily have been a red flag for them either way. Mootchnik, who said he has never actually seen the confidentiality agreement, also was unaware of any agreement between Delaware and Martin until after the arbitra meeting in July. He heard about it then from a colleague, and said Allen\u2019s letter \u201cba confirmed\u201d its existence. Since Mootchnik\u2019s response there have been no further developments regarding a l and he has not heard from Allen on the subject. \ue809 2/27/25, 6:55 Professor\u2019s mysterious exit included confidentiality pact | The Review 2/3 \ue809 2/27/25, 6:55 Professor\u2019s mysterious exit included confidentiality pact | The Review 3/3", "7541_104.pdf": "Third Student Sexually Harassed by Professor: University Investigation The attorney for Professor Vincent Martin says he disputes the fi\ufb01ndings By Paul Krueger and Lynn Walsh \u2022 Published May 7, 2015 \u2022 Updated on May 8, 2015 at 3:54 pm third student has come forward alleging she was sexually harassed by San Diego State University Spanish professor Vincent Martin 7 Investigates\u2019 Mari Payton reports on May 7, 2015. Watch 24/7 \ud83c\udfeb Supporting Our Schools \ud83d\udcfa Free Streaming 24/7 \ud83c\udfa7 News Podcast \ud83d\udcc3 Ex\u2026 2/27/25, 6:55 Third Student Sexually Harassed by Professor: University Investigation 7 San Diego 1/5 third female San Diego State University student said she was sexually harassed by Spanish Professor Vincent Martin. The third student came forward Wednesday, after seeing 7 Investigates stories about two other investigations confirming sexual harassment by Martin. Click here to see more on first student and here for more on the second student. According to this newly obtained confidential report, Martin \u201cengaged in conduct sufficiently severe and/or pervasive\u201d with this third student, concluding that Martin\u2019s overall behavior violated SDSU\u2019s policy\u2019s against sexual harassment. Site Not Found The report says Martin and this third student \u201cengaged in a consensual sexual relationship\u201d beginning in early 2013. At the same time, Martin hired the woman to help him with personal computer services, the report said. \u201cIt is more likely than not that Martin made offers [to the student] of academic advantages in exchange for sexual favors,\u201d the report concludes. According to the report, \u201cMartin was dishonest during a prior (University) investigation when he stated that he had not had a relationship with [the student]. This dishonesty affects Martin\u2019s credibility in this present investigation Professor Refutes Results of Sexual Harassment Investigation: Report Martin has not responded to requests for comment, but his lawyer said Martin disputes the findings in all three reports and will challenge them. Local 2/27/25, 6:55 Third Student Sexually Harassed by Professor: University Investigation 7 San Diego 2/5 7 & Telemundo 20 are SCHOOLS! Help make an impact on the education of San Diego County students! 5 World champion surfer aims to create \u2018wave of change' for San Diego youth In this latest investigation, the university concluded there was not enough evidence to confirm other allegations the student made against Martin. According to the investigation letter, while \u201cit was more likely than not\u201d Martin referred to the student in terms that were \u201csexual in nature\u201d, there was not enough evidence to find Martin\u2019s use of those terms was, on its own, \u201csevere and/or pervasive enough to constitute sexual harassment.\u201d [LAWYERED] Another Woman Sexually Harassed by Spanish Professor Vincent Martin The investigator also could not sustain the student\u2019s allegation that Martin sexually assaulted her during a visit to her apartment on August 14, 2014. But in addition to the conclusion that Martin\u2019s overall behavior constituted sexual harassment, the investigator found Martin \u201cengaged in unprofessional conduct.\u201d The letter was sent to the student on March 11. It was forwarded to SDSU\u2019s Provost and Faculty Affairs, \u201cand appropriate action will be taken.\u201d As 7 Investigates revealed the investigations into Martin, outraged members and supporters of SDSU\u2019s Andrea O\u2019Donnell Womyn\u2019s Outreach Association staged a silent protest Tuesday outside Martin\u2019s office at the University\u2019s Department of Spanish and Portuguese Students Protest Professor Accused of Sexual Harassment Employment law expert Bibi Fell said the findings of these investigations put on notice that Martin is a risk. \"While he's still teaching, there's certainly the risk that other students are being harassed,\" Fell said. Fell is a senior trial lawyer with Gomez Trial Attorneys in San Diego 28 2/27/25, 6:55 Third Student Sexually Harassed by Professor: University Investigation 7 San Diego 3/5 If Martin harasses another student, Fell said that victim could have ample evidence to sue Martin, the University and California taxpayers for emotional distress and other damages. \"And what we find is that when a jury sees a pattern of conduct that should have been stopped but wasn't, they tend to hit the defendant hard Professor Still Teaching After Sexually Harassing Student 7 Investigates confirmed Martin is still teaching classes. According to SDSU\u2019s Chief Communications Officer Greg Block, Martin was scheduled to teach a Summer Session class this June at but the class was recently canceled due to low enrollment. The university won't confirm or deny whether Martin has been disciplined and says it can't disclose anything about the investigative or disciplinary process without violating Martin's right to privacy 7 Investigates is working for you. If you have more information about this or other story tips, contact us: (619) 578-0393, [email protected]. To receive the latest 7 Investigates stories, subscribe to our newsletter Book Your Low Priced Cruise (See Offers Play Now Join new Free to Play War Thunder Play Now War Thunder - Register now for free and play against over 75 Million real Players Play Now 2/27/25, 6:55 Third Student Sexually Harassed by Professor: University Investigation 7 San Diego 4/5 Weather Forecast 78\u00b0 Sunny 0% Precip 55 65 7 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Careers at 7 Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved Crossout 2.0: Supercharged Learn More The rise of health misinformation is a growing global crisis. Here's how advocates arefi \ufb01ghting it 2/27/25, 6:55 Third Student Sexually Harassed by Professor: University Investigation 7 San Diego 5/5", "7541_105.pdf": "More details from professor\u2019s misconduct emerge News \ue803Campus News \ue803More details from professor\u2019s misconduct emerge December 8, 2015 Courtesy of San Diego Former professor Vincent Martin was accused of sexually harassing a female stude Details continue to trickle out regarding former Spanish professor Vincent Martin\u2019s departure from Delaware after he recently left San Diego State University (SDSU) fo allegations of sexual harassment. Arbitration documents were obtained by San Diego in November which stated Martin \u201cresigned his prior post at the University of Delaware after he was accused o sexually harassing a female student.\u201d Jan Blits, a retired professor who served as chair of the Faculty Welfare and Privileg Committee (FWPC) at the time of Martin\u2019s resignation, said his committee was circumvented entirely during Martin\u2019s exit. The is charged with overseeing f dismissal, evaluation and general personnel policies. Blits said the university employed a similar strategy when allowing former sociolog professor Eric Tranby to leave the university in 2013, though Blits was no longer ru the at the time. Blits said the administration at that time, under former Pres Patrick Harker, was \u201chostile\u201d toward faculty governance. Tranby had been accused of sexually harassing a female student, but was poised to job at the University of Cambridge before another faculty member at the university notified it of the reason for his departure. Cambridge then rescinded its offer. Text 2/27/25, 6:55 More details from professor\u2019s misconduct emerge | The Review 1/3 records later showed Tranby attempted to trade good grades for sexual favors from female student. He also said Martin\u2019s study abroad trips seemed geared towards a more festive stud demographic, and described a picture he remembers of Martin, arms around two f students with empty alcohol containers around them, that Martin used to solicit applications for his study abroad program. \u201cThe advertisements for the study abroad made quite clear that this was to be a par said. Martin\u2019s problems became public several months ago when he was investigated for harassment of at least four female students during his time at SDSU. After an intern investigation, Martin was initially suspended for 30 days, a punishment upheld afte arbitration process. However, at some point in November he left entirely, and according to an Diego report he was mulling a lawsuit against the university regarding information released by SDSU. In a letter from Sept. 14, his lawyer, Hockessin-based Michele Al stated that the school had improperly obtained and used the information about his UD. \u201cIt is my understanding that San Diego State University has egregiously disregarded knowledge and reports that this information was improperly obtained and has con to disseminate and disclose this information, with the intent to harm Dr. Vincent the letter said responded with a letter that said though they requested information from Martin\u2019s resignation during their internal investigation, they were given none. They Martin admitted to the misconduct at during his arbitration hearing. \u201cOf greater concern to San Diego State is that your client has engaged in predatory on multiple occasions at San Diego and, based on Dr. Martin\u2019s own admissions, had engaged in similar behavior at the University of Delaware,\u201d the school\u2019s response st \ue809 2/27/25, 6:55 More details from professor\u2019s misconduct emerge | The Review 2/3 \ue809 2/27/25, 6:55 More details from professor\u2019s misconduct emerge | The Review 3/3"} |
7,878 | Robert Bailey Jr. | Virginia Polytechnic Institute and State University | [
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"7878_102.pdf"
] | {"7878_101.pdf": "We are currently undergoing maintenance on some services, which may temporarily affect access to subscription accounts and the E-edition. We apologize for any inconvenience and appreciate your patience as we work to resolve the issues 1 Va. Tech settles woman's sexual harassment lawsuit for $60,000 By Laurence Hammack | The Roanoke Times Oct 9, 2011 former Virginia Tech employee has settled a sexual harassment lawsuit in which she claimed her supervisor treated a five-day training session with her \"as if the trip was an extended date.\" Getra Hanes, who worked as a fundraiser for the university, will receive $60,000 as part of a settlement reached last week in U.S. District Court in Roanoke. Hanes has a second lawsuit pending against Tech. In that case, she and Shana Maron, another employee of the Office of University Development, claim they were paid less than their male colleagues because they are women. In April, a jury found that Tech discriminated against the women based on their gender. Maron was awarded $86,000 and Hanes $15,000. But Judge James Turk later threw out the verdict, saying the evidence during a four- day trial favored Tech\u2019s explanation that it paid fundraisers on the basis of experience, not gender. Roanoke attorney disciplined for misconduct in bankruptcy case People are also reading\u2026 2/27/25, 6:55 Va. Tech settles woman's sexual harassment lawsuit for $60,000 1/3 2 3 4 announces sites for rescheduled state wrestling championships Plans approved for 150-plus apartments in southeast Roanoke Mark Berman's new Top 25 men's basketball ballot second trial has been scheduled for January. In her sexual harassment lawsuit, Hanes accused Robert Bailey Jr., her direct supervisor, of repeatedly making sexually inappropriate comments during a five-day training trip to Maryland in 2007. The lawsuit also said that Bailey held Hanes to different professional standards than he did his male employees, and that he fired her when she complained about the harassment. On the way to the training session, the lawsuit said, Bailey told Hanes how uncomfortable he was travelling with a young attractive women, then proceeded to ask at length if she was married and whether she was dating. He later tried to invite himself to her room to discuss the development office\u2019s Moves Management program, emphasizing the first word \"so as to focus on the double- entendre meaning of the title,\" the suit said. When Hanes refused, Bailey insisted that she come to his room, where he made her feel uncomfortable by wearing pajama pants, drinking a beer and leaning over her as she sat at a computer, the lawsuit said. Tech spokesmen Larry Hincker said the school made no admission of wrongdoing as part of the settlement settlement agreement provided by Hincker describes the resolution as in the interest of both parties by avoiding further time and expense. Bailey still works for the Office of University Development, Hincker said. 2/27/25, 6:55 Va. Tech settles woman's sexual harassment lawsuit for $60,000 2/3 Sell Your Items - Free to List Visit Full Marketplace Set of 2 360 Video Games $12 E. | sellwild.com Apple AirPods max $280 K. | sellwild.com Paris Sport Club Women's Long $30 E. | sellwild.com California Design Women's Blue $30 E. | sellwild.com Akademiks Mens Sz Short sleeve $18 E. | sellwild.com Women's casual blue dress size $94 T. | sellwild.com Mattel Super Hero Girls Super $12 B. | sellwild.com 2022 Genesis G70 $35,489 A. | sellwild.com Powered by Marketplace 2/27/25, 6:55 Va. Tech settles woman's sexual harassment lawsuit for $60,000 3/3", "7878_102.pdf": "5b25-8e82-804d9331a78f.html Tech pays woman in harassment suit Claire Sanderson, news editor Oct 11, 2011 Virginia Tech paid a former employee $60,000 to settle a sexual harassment lawsuit. Greta Hanes worked in the Department of University Development under Robert Bailey Jr., who she claims treated a five-day training trip \u201cas if the trip were an extended date,\u201d according to an article in the Roanoke Times. The suit was settled last week in the U.S. District Court in Roanoke. Related: Judge overturns ruling in Tech gender discrimination case Women win equal pay suit against Virginia Tech Women suing Tech for gender discrimination Hanes said during the training trip, which took place in Maryland in 2007, Bailey made her feel uncomfortable by asking her whether she was married or dating. She said Bailey also tried to invite himself to her hotel room, and when she refused, he leaned over her, wearing pajama pants and drinking a beer, while she sat at her computer, according to the Roanoke Times. Hanes also said Bailey held her to different standards than his male employees, according to the lawsuit. Larry Hinker, university spokesman, said Tech made no admission of wrongdoing, according to the Roanoke Times. He also said Bailey still works in the Office of University Development. 2/27/25, 6:55 Tech pays woman in harassment suit | Virginia Tech | collegiatetimes.com 1/2 Hanes and former colleague Shana Maron have an additional lawsuit pending against Tech. The women claim that Tech discriminated against them based on gender, paying them less than their male counterparts. Both won a similar lawsuit against Tech in April, in which Maron was awarded $86,000, and Hanes was awarded $15,000. Judge James Turk initially found that Tech had discriminated against the women. However, he later threw out the verdict, saying the university favored the argument that Tech paid its employees based on experience, not gender. The second trial is set for January 2012. 2/27/25, 6:55 Tech pays woman in harassment suit | Virginia Tech | collegiatetimes.com 2/2"} |
8,499 | Jerry Sandusky | Pennsylvania State University - University Park | [
"8499_101.pdf",
"8499_102.pdf",
"8499_103.pdf",
"8499_104.pdf",
"8499_105.pdf"
] | {"8499_101.pdf": "Last week, the Department of Education\u2019s Office for Civil Rights sent a letter to Pennsylvania State University finding that the university had, in numerous ways, violated Title in its handling of complaints of sexual assault and misconduct. The findings letter was the culmination of a years-long investigation into Penn State in the wake of the Jerry Sandusky scandal. Through its investigation found: OCR\u2019s findings confirm something that has often said: This is not a zero-sum game where victims\u2019 rights and the rights of the accused are mutually exclusive. Rather, universities continually mishandle claims of sexual harassment and assault in ways that harm both victims and the accused. As part of its investigation reviewed more than 300 case files involving reports of sexual harassment and assault at Penn State. It found numerous procedural errors that seriously damaged the right of both complainants and respondents to a fair process. Among other things found several cases in which the university, after receiving a complaint of sexual assault, delayed its investigation for so long that the complainant eventually chose to abandon the process. One complainant was so upset that she asked the university\u2019s investigator \u201cnever to contact her again.\u201d To this day there are serious inadequacies in how the University treats both complainants and respondents in cases of alleged sexual harassment that need correction in order to bring the University into compliance with Title IX. OCR: Penn State violated rights of both complainants and respondents in Title proceedings by Samantha Harris March 31, 2020 Become a member \u00a9 2024 Foundation for Individual Rights and Expression 510 Walnut St. | Suite 900 Philadelphia 19106 [email protected] found that Penn State sometimes failed to offer interim measures to students involved in Title proceedings, and at other times, it offered those measures inequitably. In one case reviewed, Penn State failed to offer any interim measures to a woman who alleged she had been sexually assaulted in a residence hall. In another case, the university imposed a no-contact order on the accused student in a sexual-misconduct case, but when the student complained that his accuser and her friends were harassing him, the university merely told the woman to be \u201cconsiderate\u201d of what she posted online also \u201creviewed litigation filed by individual students against the University in federal court alleging, among other things, that it violated Title in the University\u2019s processing of complaints of sexual harassment.\u201d Since 2015, there have been at least five such lawsuits brought against Penn State by accused students, alleging denials of due process. Three of those suits have resulted in rulings against the university, and another settled before any ruling could be issued. OCR\u2019s findings against Penn State highlight the fact that universities routinely act in their own self-interest when faced with damaging allegations. Sometimes, that might look like sweeping accusations of harassment or assault under the rug to protect an athlete or athletic program; at other times, it might look like denying an accused student due process under public pressure to get tough on sexual misconduct. Both of these things can and do happen, and they are not mutually exclusive. It is essential, therefore, that victims\u2019 rights advocates and due process advocates not form a circular firing squad. To ensure the best outcomes for both complainants and respondents, these groups must work together to hold universities accountable for maintaining fair processes and handling Title cases in a manner that respects the rights of everyone involved. 215-717", "8499_102.pdf": "DOE: Penn State violated Title after Jerry Sandusky case Penn State University will be required to make major changes to how it deals with sexual assault complaints By Associated Press \u00b7 March 27, 2020 student walks alone at Penn State\u2019s University Park campus, where coronavirus has suspended in-person classes. (Min Xian / WPSU) k Penn State University will be required to make major changes to how it deals with sexual assault b q Listen Live \u2022 Fresh Air \u2022 brought to you by Temple Health 2/27/25, 6:56 DOE: Penn State violated Title after Jerry Sandusky case 1/7 complaints following an investigation of the school\u2019s handling of allegations in the wake of the Jerry Sandusky scandal, the Department of Education announced Thursday. U.S. Secretary of Education Betsy DeVos detailed how the university will be held accountable through a major overhaul of its Title procedures after it \u201cfailed to protect students and address their complaints of sexual abuse.\u201d The university has paid more than $100 million to settle claims from about three dozen people who alleged Sandusky, 73, had abused them, and made a host of changes to its policies and procedures after the allegations surfaced. \u201cAs I\u2019ve said before, \u2018justice delayed is justice denied,\u2019 and for too long the students of Penn State have been denied justice,\u201d DeVos said in a release Thursday. Sandusky is currently serving a 30- to 60-year sentence for sexual abuse of boys, including attacks that occurred in campus facilities. Victims who testified at his 2016 trial said the former coach subjected them to a range of abuse, from grooming to violent sexual attacks. Sandusky has consistently maintained his innocence. An investigation that began in 2014 reviewed eight of the school\u2019s campuses during the 2011-12 academic year through the current academic year and determined the university violated Title IX. The department said its Office for Civil Rights has been appointed to oversee the changes to how the university will handle future allegations of sexual misconduct, including those involving athletic staff thanks our sponsors \u2014 become a sponsor 2/27/25, 6:56 DOE: Penn State violated Title after Jerry Sandusky case 2/7 Share this You may also like The order requires Penn State to provide \u201cindividual remedies\u201d for victims whose complaints the school \u201cfailed to handle promptly and equitably.\u201d The university will also have to revise its record keeping practices in an effort to ensure proper procedures and documentation is taken and reported to the Office for Civil Rights for all Title complaints from the last two school years. \u201cGiven all of the attention that Penn State has faced in the wake of the Jerry Sandusky scandal, it is disappointing that so many serious problems have remained at that university system,\u201d Kenneth Marcus, head of the Office for Civil Rights, said in a statement is your source for fact-based, in-depth journalism and information. As a nonprofit organization, we rely on financial support from readers like you. Please give today Penn State wins trademark case over retailer\u2019s use of vintage logos, images Pennsylvania jury awarded Penn State $28,000 in damages earlier this week over products made and sold by the firms Vintage Brand and Sportswear Inc. 3 months ago Former Penn State frat leaders sentenced to 2\u20134 months for 2017 hazing death Brendan Young and Daniel Casey were leaders of Beta Theta Pi when Timothy Piazza died from multiple falls after consuming a large quantity of alcohol in 2017. 5 months ago a b d 2/27/25, 6:56 DOE: Penn State violated Title after Jerry Sandusky case 3/7 Judge upholds Penn St. ex-president Spanier\u2019s jail sentence The judge ordered Graham Spanier to begin serving at least two months at the county jail on July 9 for a misdemeanor conviction of endangering the welfare of children. 4 years ago About Associated Press b Read more thanks our sponsors \u2014 become a sponsor 2/27/25, 6:56 DOE: Penn State violated Title after Jerry Sandusky case 4/7 Together we can reach 100% of WHYY\u2019s fiscal year goal Latest News Want a digest of WHYY\u2019s programs, events & stories? 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Initiative Contact Us Sponsorship Directions Public Files Applications Follow Us Sign up for a Newsletter i Privacy Policy Terms of Use for WHYY.org is partnered with a b \ued46 e 2/27/25, 6:56 DOE: Penn State violated Title after Jerry Sandusky case 7/7", "8499_103.pdf": "When Jerry Sandusky\u2019s crimes came to light, the world thought it was the first time Joe Paterno and Penn State had faced a serial sexual predator in their midst. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 1/110 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 2/110 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 3/110 Editor's note: This story contains explicit language and graphic descriptions of sexual violence and a murder investigation. aren was alone in her apartment when the phone rang. She didn't like being alone. It had been weeks since she had been attacked there, but the apartment still felt to her like a crime scene, a place that had been turned over and rummaged through. She had called the police on the night of the attack, when she finally convinced herself that she might be safe. She had gone to the local hospital and submitted to an examination. She had opened the Yellow Pages and called a resource new to the town where she had gone to school and now lived, something called a rape crisis center. But the police seemed to want more from her, even after she had told them everything she could remember. The hospital had run out of rape kits, and the nurse who examined her was rude, she thought, \"mocking.\" The rape crisis center had no therapists to recommend, only women around her age who offered more sympathy than expertise. Karen felt as though she were being pushed aside and forgotten. The attack she had endured was inescapably real but, in its aftermath, she faced a sense of unreality so powerful that she kept in her pocket the scant newspaper clipping about her assault to remind herself that it really happened. The apartment 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 4/110 1 provided no refuge. When she discovered that photos she kept of herself were missing, she knew they had been taken but couldn't be sure by whom. Nothing had gone untouched. When the phone rang, the call came through a line that a few weeks before had been cut by the blade of a knife. She had heard from the police that there were others who had been attacked recently. She had heard some of the other women had received phone calls after their assault, possibly from the assailant. But when she picked up, she did not hear the voice she feared. This was someone familiar but not someone she knew. It was a man everyone knew. And when she realized who it was, she wondered immediately how he knew her name: \"Karen, this is Joe Paterno,\" the man said. \"Are you OK?\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 5/110 Todd Hodne joined the Penn State football team in 1977 as a prized recruit from Long Island, New York. He would become perhaps the most dangerous person to ever play college football AGO, Penn State University played for its first national championship in a football season that began against Temple on Sept. 1, 1978, and ended against second-ranked Alabama, on Jan. 1, 1979. It was the season in which Penn State football became Penn State Football, a season that saw head coach Joe 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 6/110 Paterno become an American icon. It was also a season that saw a serial sexual predator attack multiple Penn State students. If you are any kind of sports fan, you probably know the first story, all the way through its shocking denouement 10 years ago\u2014the story of the football coach whose black shoes and white socks were seen as his moral underpinnings until they weren't ... until his career ended when the sexual abuse committed by an assistant coach named Jerry Sandusky came to light. You almost certainly don't know the second. It is not just a story that hasn't been told; it's a story that doesn't exist, even in obscure corners of the internet. It's the story of a Penn State football player who, as his team ascended to the pinnacle of the sport, was ransacking the lives of women in the dark. His name was Todd Hodne, and he was perhaps the most dangerous predator ever to play college football have been a prosecutor for nearly 30 years,\" wrote John B. Collins, who prosecuted one of Hodne's crimes, in a letter to a parole board have prosecuted serial killers and capital cases. Todd Hodne, to this day, remains among the three most dangerous, physically imposing and ruthless excuses for a human being have ever faced in court.\" Hodne arrived in State College in 1977 as a prized recruit from New York's Long Island, and in 1978, he was the Penn State Rapist. There were other rapes and rapists; Penn State, in the mid- and late seventies, was enduring an epidemic of sexual assault that female students of the day still talk about. But even against that backdrop, Hodne's rapes and attacks stand out because he was a football player who, according to one family member, \"had no control over his dark impulses.\" He was big and strong, entitled and enabled. He was driven and determined and a little desperate. He was also cruel, the most predatory of predators, a hunter who liked to linger. He attacked with a knife to the throat, and when he attacked women, he made sure they couldn't see him, but he also liked to suggest they knew him. \"Do you recognize my voice?\" he'd asked Karen. In October 1978, Hodne was finally caught on the strength of three fingerprints and a traced phone call. Five months later\u2014two months after Penn State and Paterno lost the national championship game to Alabama and Bear Bryant\u2014 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 7/110 Hodne was found guilty of criminal sexual assault after one of his victims testified against him. But that was not the end of Hodne's string of attacks. It was, tragically, just the beginning of a series of crimes of such escalating violence that they have become generational, wreaking havoc on the lives of his victims and their descendants. Todd Hodne died of cancer on April 29, 2020, six days after his 61st birthday, comatose but still under guard in the prison ward of a hospital in New York state. The story you are reading started with three questions about Hodne and his criminal career: What did he do, why wasn't he stopped and why doesn't anyone know about him? We have examined hundreds of pages of surviving, often heavily redacted, documents and have done hundreds of interviews with Hodne's friends, girlfriends, family members, teammates and coaches, as well as those who investigated and prosecuted his crimes. We have contended with the obstacles of indifference and obstruction but also of time itself; after 43 years, people grow old, people forget and people die. But of course, they also remember, and the most consequential witness is offered by the women who survived the ravages not just of time but of Hodne himself\u2014who survived their hours in the dark with a 240- pound Division football player with a knife in his hand and no particular interest in their survival. Of the 12 women he is known to have attacked, four are dead. We spoke to six of the other eight and to the husband of a seventh. One did not respond. We asked them about the violent attacks they endured in 1978 and 1979\u2014 and 43 years later, they remembered those crimes in unflinching detail. They shared the stories they'd had to bear in private. And out of that, out of the sheer scope of lives changed and ruined, emerged a portrait of a time and a place, a The Hero of Goodall Park: Inside a true-crime drama 50 years in the making Investigates Podcast: The Running Man College football: Death at the U: Who killed Bryan Pata? 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 8/110 portrait of a football program and its coach, and a portrait of a terrifying predator who called himself \"the All-American kid a bunch of kids, 14 years old, but also strangers to one another. They were at freshman football camp, on a new team for a new school, St. Dominic in Oyster Bay, Long Island. They were just yakking before mealtime, in their bunks. You know boys like these: someone had to prove himself, someone had to dominate. So one of them, John Poggioli, started messing with the kid playing linebacker, the kid with the long face and the long hair combed to the side and the serious real estate at the jawline. Nobody even remembers what was said. But anyone who was there remembers what happened next. One second, Poggioli is talking, teasing the kid. Next second, the kid takes out a knife and throws it at him. He misses, but not by much\u2014the knife sticks in the wall, vibrating like a tuning fork, a few inches from Poggioli's head. The linebacker, Hodne is his name, gets up and without a word pulls the knife from the wall. He slides it back in its leather sheath and heads for chow. The rest follow, wondering if they should tell one of the coaches what they just saw. They never do. Hodne could hit. Even before he put on all that muscle, even when he was all shoulders and long legs and arms, he could ring bells, he could make the guy on the other side of the line quit or at least reconsider being a hero. \"It was just different, getting hit by Todd,\" Poggioli says. It's human instinct to slow down when you make a tackle\u2014to pull up, just a little bit, right before contact. Hodne didn't have that instinct. He accelerated through the tackle. He accelerated through the ball carrier and liked to luxuriate in the aftermath, standing over the guy he laid out. There were rumors he stuck rolls of quarters in his arm pads. His ferocity was what brought him to St. Dominic. It was a small school, with around 150 kids in each class, and not a traditional power. But the football coach, Tom Capozzoli, had been at St. Dom's for about a dozen years, and now he had a star player\u2014his son Tony, who had won the national Punt, Pass & Kick championship two years in a row. The athletic department decided to bring in 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 9/110 players who would help the Capozzolis win a championship before Tom retired. Hodne was one of them, along with a teammate from the Levittown Red Devils travel team, Dave Smith. Hodne wasn't even Catholic. He was just rangy and violent, an intimidator. He was even intimidating at the freshman dance in the fall of 1973. It was held at the Knights of Columbus Hall; the football players hung around a big round table, showing off for each other. Hodne wound up doing something they talk about even now. He pulled a girl at the dance under the table while his teammates stayed in their chairs\u2014an act that made his reputation in some quarters, and in some quarters undid hers. \"To be very honest with you, we all pointed the finger at her,\" says Marge Galtieri, a St. Dominic cheerleader and one of Hodne's classmates. \"We judged her. But maybe we judged her wrong, looking at the events of the following years.\" Hodne was from Wantagh, a comfortably middle-class town between the little boxes of Levittown and the fulfillment of Robert Moses' vision in the boardwalk of Jones Beach. He had a hard-working father, a charming and stylish mother, and siblings with whom he was close. He became an All-Long Island linebacker whose very name rattled opponents. But even in ninth grade, Todd Hodne was a polarizing figure at St. Dominic, because even in ninth grade, Todd Hodne was talking about breaking the law. He brought his knife to school and, according to Poggioli, \"definitely\" kept the quarters in his fists when he, as a freshman, battered a senior who challenged him. He also bragged about stealing car stereos and doing burglaries. His teammates listened, and they had to decide whether to believe him and what to do if they did. Dave Smith was the son of a Nassau County police officer, and when they were all sophomores, he told his father that Hodne was breaking into people's houses. Smith's father contacted Hodne's local precinct, which investigated. The result, says retired officer Don Smith, was that Hodne, at 15, was \"custodialized\" by the juvenile justice department of Nassau County and compelled to return the stereo equipment he had stolen. The intervention made enduring enemies of Hodne and Smith, the two inside linebackers for the St. Dominic Bayhawks. But it neither deterred Hodne nor threatened his status on the team. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 10/110 Many of Hodne's teammates remember Tom Capozzoli repeatedly taking up for him with school administrators. One remembers a coach being fired after he tried to warn Hodne's parents about their son. Ralph Willard, who was the athletic director at the time and went on to coach basketball with Rick Pitino at Louisville, says don't remember there being any problems with Todd, to be honest just remember how he hit.\" St. Dominic won the state Catholic High School Football League championship in 1975, in Tom Capozzoli's final season as head coach. His son Tony, a senior, was named first-team Parade All-American, and he committed to Penn State as a quarterback and a kicker. Todd Hodne, Dave Smith and John Poggioli had one more season together, and though Hodne and Smith once had a fistfight on the school stairs, Hodne and Poggioli were thought to be best friends. In truth, Poggioli said he remained in the friendship because he didn't know how to get out. He was drawn to Todd Hodne and he was afraid of Todd Hodne in equal measure, and Hodne made him pay every time Poggioli tried to emerge from under his sway. When Poggioli was a junior, he told Hodne that he might try out for the school play; Hodne responded by sneering, \"You're no actor,\" and dumping a pail of water on his head. When Poggioli had a crush on a girl named Janet, he wouldn't dare ask her out because Hodne, though not her boyfriend, had claimed her. \"In my four years at St. Dominic, nobody asked me out because they were so afraid of Todd,\" Janet Shalley remembers now could only date boys from other schools. And back then had it going on.\" Hodne followed Tony Capozzoli to Penn State. The coach who recruited both of them remembers Hodne as a good kid: \"If he wasn't a good kid, we wouldn't have brought him to Penn State.\" But even with Hodne in Pennsylvania, Poggioli remained under his influence. After Hodne completed his freshman year as a Nittany Lion, he invited Poggioli and a friend from Wantagh to spend a weekend with him in State College. School had ended. But Hodne was living with some other athletes in a house off campus. He had made plans with his friends from home to drive to Philly for a Rolling Stones concert. They were going to have a cookout in the backyard, and so they went to the supermarket. \"We went to get supplies for the barbecue and got a bunch of steaks,\" remembers his Wantagh 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 11/110 friend. \"He goes know this trick: You just turn the steaks over in the cart and walk on out.' So we robbed all these big steaks and had a feast.\" As Todd Hodne wreaked havoc in State College in 1978, Penn State football coach Joe Paterno and his team ascended to legendary status The next morning, June 18, 1978, there was something else Hodne wanted. They went to a store on College Avenue, the main drag for Penn State students. It was called the Record Ranch, and Hodne, sometimes in the company of other athletes, had been stealing LPs from there since he'd come to school, hiding them under his coat. The store was closed on a Sunday morning, but Hodne wanted to go in. Poggioli thought it was a bad idea, he says now; the problem was telling his friend didn't stop Todd because couldn't stop Todd. If you tried to stop Todd, he would hurt you. You couldn't say no to him, and he could convince you to do things you wouldn't normally do.\" According to a police report, they kicked in a window of the Record Ranch and were in the process of stealing $30 in quarters and another $800 in merchandise\u2014a Yamaha stereo amplifier; a Rolling Stones 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 12/110 mirror; some T-shirts and Harley Davidson belt buckles; and record albums by Donald Fagen, David Gilmour, Little Feat and Rick Wakeman, among others\u2014 when two employees from an adjacent store saw a door open and peeked inside. They saw Hodne's Wantagh friend dangling from the broken window and called the police. He was arrested along with Poggioli, who had stayed outside. But Hodne easily shrugged off the police and ran right through them. \"Todd got away because Todd at that point was a criminal,\" Poggioli says. \"He knew how to get away.\" The next day, Hodne showed up at the police station, saying he heard two of his friends were in some trouble and wanted to visit them in jail. According to a police report, he first said his name was \"Tom Harris.\" Then he changed his mind and \"stated that his name was Todd Hodne ... that he was a Penn State football player and that he did not want his name out.\" He was leaving the station when an officer told him he matched the description of the man who fled the Record Ranch burglary. The officer asked for permission to take a photograph of him, and Hodne agreed. Hodne drove back to Wantagh and, in his absence, was identified in a photographic lineup. When he returned to State College, he was arrested, and on June 21, he, along with his friend from the neighborhood, were charged and later convicted with felonies. \"He ruined my life,\" says Poggioli, who wound up pleading to a misdemeanor. \"But he ruined so many lives feel lucky to have gotten out when did feel lucky compared to the others.\" It was not a violent crime. But it was a felony, and Joe Paterno was a coach who called players into his office even when he heard they were not participating in classroom discussions. He was a disciplinarian, and there would have to be discipline. On Aug. 19, 1978, two months after the burglary, Penn State held a scrimmage, and afterward, Paterno told gathered reporters that Todd Hodne had been suspended for the season. But he did not like to give up on his players, and he did not give up on Hodne. In his announcement, Paterno said that Hodne will be able to return to the team \"if he has a good academic year and if he proves to us that [the robbery] was a mistake.\" He also sought to provide Hodne a role model for his sophomore season, and to that end, one of his seniors, Fred Ragucci, was summoned into the football office. Ragucci went to a Catholic high school on 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 13/110 Staten Island, and now he played defensive end for Paterno. When Ragucci was told he would have a new roommate in Hamilton Hall, he didn't blink, even though he was two years older than Hodne and was not part of his crowd. Ragucci could figure out easily enough why he wound up in this unlikely pairing was a pretty good student was pretty straight, never in any trouble. Nobody specifically mentioned this to me, but think they were trying to put people in with people who might be a good influence.\" They did not spend a lot of time together at 279 Hamilton. Why would they? In 1978, there was nothing in most college dorm rooms outside a stereo and perhaps a hot plate. But later, Ragucci will always remember one thing about his new roommate: his knife. It was Hodne's prized possession, a gift his grandmother gave him after she returned from a trip to her ancestral Norway, the blade forged from fine Scandinavian steel. But what Ragucci remembers is how much time Hodne spent with it, his fascination with it. \"He was always playing with it when he was in the room,\" Ragucci says now. \"It had a leather sheath, and he would take the sheath on and off, on and off. All the time, even when you were having a conversation.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 14/110 Betsy Sailor was a senior at Penn State in the fall of 1978 SEPT. 13, 1978, a Wednesday, Betsy Sailor's phone rang all day. Two days before, she had placed a classified ad in the Penn State student newspaper, the Daily Collegian. She was living in the basement apartment of a brick home not far from one of Penn State's golf courses, the White Course. Her intended roommate had not returned to school for the fall term, and she was looking for someone to share expenses. In her ad she wrote: \"Female roommate needed to share quiet apt. near golf course. Rent $87.50 plus phone. Non-smokers only. Call Betsy.\" It was the kind of thing people did back then, and Betsy's ad ran along with eight others. She was 21 years old, a senior at what she proudly called \"my state university\" and one of the few women majoring in business administration. She had curly hair and smiled with resolute cheer. Though still a student, she led a settled life, with a fianc\u00e9 seven years older than she was who lived a couple of hours away in Johnstown, Pennsylvania. She believed that \"going to Penn State football games was the most exciting thing you could do\" and that Joe Paterno was \"a demigod.\" She lived with two Siamese kittens. She had never heard of anything bad 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 15/110 happening in State College. She thought it was a safe place to be\u2014\"good times all the time.\" Betsy liked taking the calls. She liked talking to the callers\u2014interviewing them, really, so that she could make the right choice. She might have been, as one friend remembers, more mature than other students, \"like an older person coming back to school,\" but she was open to new things, eager for fresh perspectives previous roommate, Lisa Yelverton, says of her time with Betsy: \"We just clicked was from Philadelphia, and was inner city. And she was country was Black, and she was white, and guess we were so intrigued and wanted to learn about each other's cultures more than anything.\" As Betsy answered the phone, she hoped she could find someone like Lisa again. Two men called, but one annoyed her, asking if she was absolutely sure she didn't want a male roommate. The other was calling for his girlfriend. She had registered late, he said, and she needed a place to live. He asked about her apartment and its location and if he could come by and take a look at it. She told him that she was going out for a while and wouldn't be home. Then she spoke to a caller who connected with her over common interests and made her decision. She studied for a while, relishing her time alone, and then, near 10 p.m. went upstairs to tell her landlord she was going to the store for some cat food. She was not gone long, and when she returned, her landlord, a motherly woman with whom Betsy was close, told her that the kittens had gotten frisky in her absence. She had heard them knock something down in the apartment. When Betsy went downstairs, she turned on the light in her bedroom. The only thing she found amiss was a telephone book open on the floor, and she wondered to herself how her landlord had been able to hear such a small disturbance. She had already left a message on the answering machine of the woman she selected as her roommate, and she was nothing if not polite, so she also began making plans to call back all the others who had expressed interest in the room, including the boyfriend of the late arrival who now had no place to live. But making a choice had given her a strong sense of freedom and relief, and she celebrated by \"doing those silly things you do when you're living alone\"\u2014singing to herself and \"dancing with 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 16/110 the refrigerator door.\" After a while, she remembered that she had to study for a test and went into her bedroom to find her books. She hit the light switch, but the room remained dark, and in the moment of surprise between expectation and reality, it felt suddenly and consumingly black. \"The next thing you know,\" Betsy says had a hand around my mouth and a knife at my neck, and a voice said, 'I'll kill you if you say a word.'\" She did not say a word. She did not scream. She began making choices right away, and the first was that \"there was nothing he could do, nothing he could steal, that was worth my life.\" The second was that she would go into \"information-gathering mode,\" and try to remember the details of everything that happened, though her assailant did his best to prevent her from doing so. He had been hiding in her room for as long as she had been home and had used that time to make preparations. He used one of her scarves to blindfold her and the belt from the robe she kept in her closet to bind her hands behind her back. Then he picked her up and planted her face down on her bed, and from his lack of strain or even apparent effort, she understood that his outsize strength made him particularly dangerous. When he went to her bathroom and began rummaging around the medicine cabinet, she told herself, \"Good, he's leaving prints.\"But when he asked for her razor, she told herself, \"No way I'm giving this guy my razor,\" and decided to gamble. She kept her razor in the bathtub. But she knew that men don't view shaving in terms of the bath; they view it in terms of the mirror. She told him that her razor was where he would have kept it, the medicine cabinet, and when he gave up trying to find it\u2014when he returned empty-handed\u2014she was grateful that men know so little about women. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 17/110 thought, if he touches anything in there, I\u2019ve got him for fingerprints SAILOR, on considering her basement-apartment surroundings while Todd Hodne attacked her. Though she decided not to fight him, her mind never stopped resisting. Even when he flipped her over and sat on her chest, with his knees straddling her shoulders, she kept trying to see around the margins of her blindfold and then the pillowcase he had put over her head, kept trying to glean information she could use later to identify him or use now to stay alive. She saw his thumb and knew he was white. She saw the soles of his sneakers and the stitching of his jeans and knew what he was wearing. And yet she was still telling herself that he was there to rob her. \"You can take my jewelry,\" she said. \"I'll tell you where it is.\" 0:00/0:39 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 18/110 \"I'm not going to do that,\" he said. \"What are you going to do?\" she asked. \"I'm going to rape you,\" he replied. His voice shattered her. It was the voice from the phone, the voice of the boyfriend who had called about the apartment, but it was so matter-of-fact, so untroubled and decisive, as if her fate were no longer her own. When she heard it, she felt herself split in two, so that she also heard herself, her own voice saying, \"Oh no.\" \u201cYou could just tell he was big. And he said, \u2018If you say a word will kill you What happened next was described in excruciating and graphic detail in the police report for what became case 678-09229: \"Actor returned and he took off all his clothes and sat on her chest and put his penis to her mouth and told her to suck it, she said she couldn't do that, he became angry so she opened her mouth and he put it in. He then moved to her crotch and began licking. He said 'say you like it,' she said, 'no, because don't.' Actor then began to rape complainant and she said, 'Please don't cum inside because I'm not using birth control and don't want to become pregnate [sic] over something like this.' He said but complainant does not know if he did or not. Actor then put his clothes on and went out of the room. \"... she heard him open the back door (outside exit) and then he came back in. Actor told her to open her legs. She refused saying, 'What are you going to do? Don't put anything inside me.'\" Actor then began moving around the room opening dresser drawers. She asked him what he was doing and he said, 'Waiting for a ride.'\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 19/110 in Ann Sailor's house, she didn't automatically think the call was from one of her children. Although she had three in college, long- distance calls were punitively expensive in September 1978 and therefore rare. Betsy called every few weeks. She wrote Ann letters, telling her mother about her studies in business administration. The Sailors were a family of schoolteachers, and Betsy would have made a great one, calm and kind, cheerful and strong, given to striking up long conversations with strangers she encountered on campus. \"I'm OK,\" Betsy began. As Ann remembers now, \"When your child says, 'I'm OK,' you know something has happened. But she just calmly told me, step by step, what had happened.\" The one thing Betsy didn't say, wouldn't say, was that she had been raped wouldn't use that word,\" Betsy says wanted to spare her that said, 'Mom, I've been sexually assaulted.' As if that would make it better.\" Rape. It was not something most people talked about back then, even if\u2014especially if\u2014it had happened to them. It often went unreported, because of the shame associated with the word and the shaming the legal system routinely inflicted on those who survived it. Rape was an ordeal that promised more ordeals to come, chief among them silence. Things like that didn't happen back then in State College, people still say. But they did. It was just rare that someone came out and said so. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 20/110 didn\u2019t want to use the words, \u2018rape,\u2019 because thought that\u2019s just too big of a word SAILOR, on phoning her mother after being raped by Todd Hodne. Ann Sailor knew her daughter was \"one heck of a woman,\" so stoic she insisted that her parents not drive the three hours from northwest Pennsylvania to State College\u2014that she could handle this ordeal on her own. But she was still so very young, and Ann says she would often wonder: \"When she puts her head down on her pillow at night, is she having bad dreams?\" Betsy was prepared to say to anyone but her mother that she had been raped in State College. She was prepared to go to court and press charges against whoever had done this to her. She was not afraid, and she was not resigned to silence. And yet, just as there is a cost to keeping silence, there is cost to breaking it. Decades after Betsy called Ann to tell her what had happened on the night of Sept. 13, they both remain reluctant to speak the word that names what Hodne did to her. The daughter is now 64. The mother is 84. They are close; they know most of what there is to know about each other. But they both remember that phone call, and the weight of the word, and how breaking the silence broke them. They can say it now; they can say that Betsy 0:00 / 0:18 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 21/110 was raped. But they still grieve each time they do. And both of them, far away from one another, in separate phone calls, still weep freshman year (who asked that his name not be used) was from upstate New York, and so at first he thought that Hodne was different from him because Hodne came from Long Island and hung around with \"the Long Island clique\"\u2014older, edgier guys like Tom Donovan and Tony Capozzoli and a basketball player named Frank Brickowski. Then he began to sense that Hodne was also different from everyone else. On the field, Hodne was the same, one of a scrum of players more distinguished by toughness than by talent. Off the field too, he was just another guy who liked to drink, smoke weed, go to parties and bring women back to the room. The difference, the roommate realized soon enough, was a matter of degree. The realization came when someone told Hodne, \"No.\" At Hamilton Hall, they lived between the two \"jock house\" fraternities, Phi Delta Theta and Phi Gamma Delta, otherwise known as \"Fiji House.\" One night early in freshman year, Hodne and his roommate headed for a party at Fiji House, only to be told at the door that freshmen weren't invited. They left, but on their way back to Hamilton, Hodne saw an opportunity. \"At Fiji House, they kept the kegs of beer in the back, near the stairwell,\" the roommate remembers. \"And Todd goes, 'We're going to take one.' And he picks up a keg and carries it to our dorm room. And then he goes downstairs and puts up a sign that says there's a party in our room. We have 25 people in there, and he's charging at the door for beer that he stole from Fiji House. And I'm like, 'I'm not going to make it through my freshman year.' After two weeks thought, 'Oh, I'm in the s considered going to Joe [Paterno] and asking him for a room change. But Joe's going to ask me why. And what do tell him? So just decided to suck it up. But spent my entire freshman year praying wouldn't be arrested.\" It wasn't just that when Hodne drank, he \"could drink a bottle of Jack Daniels in a half hour.\" It wasn't just that when he went to the Record Ranch, he couldn't leave 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 22/110 without a few LPs under his coat. And it wasn't even that when they both went to Hodne's home in Wantagh, he once stopped on the way back to State College and picked up a pound of weed for the purpose of selling it. No, it was that \"Todd just didn't have the same moral compass that other people did.\" Hodne was extreme in everything, in particular the activity that so many football players took as a privilege of being on the roster. \"He had some wild sexual appetites,\" the freshman roommate says. \"We had bunk beds, and I'm on the bottom, he's on the top. And he'd be up there going at it for hours at a time. It just wasn't normal mean knew something was definitely different in that aspect.\" Most of the players who remember Hodne minimize the significance of their memories of him, either discounting the time they spent with him or the time he spent on the team. But the freshman roommate still thinks about him. \"Living with someone like that is certainly something you never forget,\" he says. \"What it's taught me is that you can't really know people and what they're capable of. That's what struggle with. How is somebody capable of [the crimes that Hodne committed mean, to me, it's not even a matter of morals or morality. It's what deep inside humans are capable of doing. And that's what freaks me out a lot of bars in State College. Beer\u2014sometimes sold to tables by the case\u2014was so extraordinarily cheap that the players followed weekly specials that let them drink nearly for free. They drank at The Saloon, they drank at the Rathskeller, they drank at the Corner Room. After Tuesday practices, a bunch of them used to go to the Train Station, a downtown restaurant and bar with a caboose out front. They ordered hoagies and beer and went back to an off-campus house to watch The Three Stooges. That's how Hodne got his nickname: \"Shemp.\" It was not a flattering moniker. Shemp was the fourth Stooge. Hodne had endured the meat grinder anonymity of freshman football and then had been suspended. Kip Vernaglia, one of the players who hung out with him, remembers Hodne as a \"happy-go-lucky knucklehead kind of guy.\" Years later, when we told him of the full extent of Hodne's crimes, Vernaglia said, \"Are you serious? ... he was Shemp!\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 23/110 was a student at Penn State and a waitress at the Train Station. She kept her car parked close by, in the alley behind the restaurant. One night after work in the fall of 1978, she was walking out to the alley in the dark. She remembers what she was wearing because she has asked herself so many times what she looked like that night, what he might have seen. \"What woman doesn't ask what she looked like?\" she asks now. \"Was a target? Was trashy?\" She was wearing \"black slacks and a tan sweater with suede patches at the elbows.\" She was 24 years old. She was 5 feet tall. She was an artist and a self-described hippie. She didn't know the football players who came into the Train Station because she didn't particularly care about them was not boom-boom rah-rah.\" She was opening the door of her car when she felt someone behind her and heard him say, \"Give me your wrists.\" He bound her wrists and then blindfolded her with athletic tape and pushed her inside. She was sprawled across the front seats of her car, and he had his knee in the door. She had heard of students being raped at the golf course, and she was sure that's what he wanted to do\u2014drive her to the golf course and rape her there. But her car was small, a Mazda RX-3, and he was big. He couldn't fit into the front with her already inside, and this gave her a few moments. She tried to discourage him by telling him she was on her period, even though she wasn't. She managed to free her hands. She couldn't see, but she knew where the latch was on the passenger side door. She reached for it and scurried across the front seats as he fumbled behind her. She opened the door and began screaming. He ran. When the cops came, she saw a pair of scissors lying by the driver's side door. \"I've asked myself a million times, if had known he'd had a pair of scissors, what would have done? What would have done? Would have acquiesced? Would have fought? He had a weapon. Oh, God was wearing a black pair of slacks and a tan sweater that had suede on the elbows, because what woman doesn\u2019t question, \u2018What did look like? Was a target? Did look trashy guess it doesn\u2019t matter what you look like.\u201d 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 24/110 She had been attacked from behind and never saw the perpetrator's face. But when news came out about Hodne being arrested for the attack on Betsy, she read the details of his build and felt certain it was him. He had blindfolded her and bound her hands and had tried overwhelming her with his size and strength. He hadn't worn gloves, and she was sure he had left fingerprints on her car and on the scissors she saw on the street. She wanted to press charges. Police came to the scene of her attack, but they seemed \"disappointed that didn't see his face,\" she says, and didn't contact her after the initial investigation. We requested reports of her case but were told by State College Police that they no longer existed. \"It took a long, long time to feel safe again,\" Adrienne says. She was an arts education major. She was taking a weaving course, and when she returned to classes the next week, she found that's all she could do, all day long: weave. \"The monotony of putting that shuttle back and forth in the loom, it was cathartic for me,\" she says. She remembers surviving the semester by \"never going alone, ever, anywhere\" from that point forward. She also was taking a course from Penn State's bowling coach, the esteemed Don Ferrell, who was the university's first Black head coach and a close friend of Joe Paterno. She had not shared the story of what had happened to her beyond telling the police, close friends and her weaving teacher. Ferrell has no memory of her. But in Adrienne's recollection, \"When went back to the class, the coach came over and he looked at me and he said, 'You don't have to come here one more time. You're done. You're passed. Now go try and take care of yourself SAILOR, Susan (who asked to be identified only by her first name) had placed an ad in the paper looking for a roommate. She told one caller that she'd talk to him later, that she was going over to her friend's house to watch \"Dallas.\" When she returned, she noticed some potted plants that had been on the windowsill were on the floor. She tried to turn on the bedroom light. It didn't go 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 25/110 on. He was hiding in the closet. \"When he confronted me, he threw one of my shirts, one of my favorite shirts, over my head, put me in a bathtub and shaved my pubic area. And then had his way. Put it that way,\" she says. \"Oh, actually he had a knife to my neck. It was one of my kitchen knives. If would've known it was that one would have said, 'Go ahead and slit my throat,'' kind of thing, because it was very dull.\" Susan, who sounds brash and fearless telling the story now, wanted to move on: \"Suck it up, put your big girl panties on and just deal with it.\" But he kept calling, to gloat, to threaten a return. The calls pissed her off. She told her father. Her father worked for the phone company. He had the calls traced. They took the records to the police department. The calls were coming from 279 Hamilton Hall. The State College Police had Hodne's fingerprints on file ever since the Record Ranch burglary, along with his photograph. Investigators also found his fingerprints at Betsy Sailor's apartment\u2014on a tube of Clinique eye cream in the medicine cabinet; on the prized Norwegian knife he left behind; and on the lightbulb he loosened ever so slightly in its socket. But the fingerprint system was years from being computerized at State College. There were no instantaneous matches. Centre County District Attorney David Grine needed a name, and the phone trace gave him one, he says. Todd Hodne, in the greedy predation of his phone calls to Susan, had revealed himself. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 26/110 Betsy Sailor's criminal case against Todd Hodne reached the Centre County Courthouse by October 1978 State College sent the prints to the FBI. On Oct. 13, 1978, an officer at headquarters wrote the following: \"On this date at 1335 hours, this officer returned [FBI] Agent [Larry] Harper's phone call to Washington D.C. Agent Harper told me that he had lifted one latent print from a knife blade, one from a light bulb, and one from a tube of cleansing cream. Harper told me that all three prints belonged to one Todd Steven Hodne.\" Until this point, Hodne had remained a Penn State student despite his suspension from the football team on Aug. 19, had remained on scholarship and lived at 279 Hamilton Hall with Fred Ragucci. It took a few hours for the police to produce a warrant for his arrest. At the end of Oct. 13, the lead investigator on the case, Duane Musser, wrote a report summarizing the efforts that he and his partner, Garry Kunes, had made to find Hodne: 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 27/110 \"At 1920 hours Off. Kunes contacted Joe Paterno in an attempt to determine the location of Hodne since Hodne rooms with Fred Ragucci, a football player. Paterno indicated that he would attempt to determine this by contacting Ragucci. Paterno asked to be recontacted on Sunday 10/15/78 at 1830 hours for further information.\" There is no record of a second call to Paterno on that Sunday. Hodne remained free for the weekend, a bye week for the Nittany Lions. He turned himself into Penn State University Police on Monday, Oct. 16, 1978, at 6:45 a.m. He was driven in a police cruiser to headquarters in downtown State College, where Musser began questioning him. Musser had just turned 30, and it was his first case as an investigator. He asked Hodne about his whereabouts on a series of dates between early September and the middle of October. Some of the dates corresponded to reported State College attacks with a similar modus operandi. Hodne had answers and alibis. Hodne said that on Sept. 1, he was in Philadelphia with Frank Brickowski, watching Penn State play Temple in its opening game of the season. He said that on Sept. 13, the night Betsy Sailor was raped, he was at a Phi Delt party with his girlfriend. On other days and at other times, he said he was hanging out with Tony Capozzoli in his room at Hamilton Hall. These were lies. In the days before turning himself in, Hodne had tried to convince Brickowski to vouch for him regarding one of the nights Musser was interested in. \"Todd tried to tell me, 'That's bulls---, because you and know we were both at the library that night,'\" remembers Brickowski, who went on to play 13 years in the and whose father had taught Hodne driver's ed in high school. \"And looked at him go, 'What?' He says, 'We were at the library that night. Study hall.' And I'm like, 'Todd, we never stayed in study hall.' We would go to study hall, sign in the front and slip out the back and have someone sign our names. And he goes, 'No, no, on this night, we did.' And go, 'No, we f---ing didn't. And that was the break between him and I.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 28/110 Fred Ragucci, a Penn State defensive end, was asked to room with Todd Hodne in 1978 after Hodne gave himself up to Duane Musser at State College Police headquarters, Musser went to 279 Hamilton Hall on the campus of Penn State to talk to Hodne's roommate, Fred Ragucci didn't want to do it, to be honest,\" Ragucci says. \"I'm with a roommate didn't pick, and he's having this kind of problem\u2014why am involved? 'No,' Joe said. 'You have to do this. You have to talk to them.'\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 29/110 After the interview, Musser wrote a brief report, dated Oct. 19, 1978. \"[Ragucci] was asked if he knew or ever heard of Todd Hodne speak of any of the following victims,\" the report reads. Musser then names five women, including Elizabeth Sailor. \"He was asked if he could recall at what times on the following dates that Hodne left or returned to his room,\" the report reads. Musser then names four dates in September and October. Ragucci did not recognize the women's names nor recall the dates. \"The knife used in this incident was shown to Ragucci,\" the report reads. \"He stated that Hodne had a knife similar in appearance.\" There are no surviving transcripts from the criminal trial of Betsy Sailor's case in Centre County. The half-page report of Musser's interview with Ragucci is the only surviving document in the state of Pennsylvania archives that demonstrates the scope of the Hodne investigation between his arrest for the rape of Betsy Sailor and the trial. We obtained a copy of Musser's report from the Centre County district attorney's office last fall. The names of Ragucci and of the women other than Betsy Sailor had been redacted, but the document raised the possibility that the Hodne investigation in State College included multiple sexual assaults in addition to the rape of Betsy Sailor. There were now other women to find. Several months later, in May, 2021, we obtained an unredacted copy of Musser's report. It came from John B. Collins, who as chief prosecutor in New York's Suffolk County had received documents from Pennsylvania while investigating Todd Hodne for later crimes in Long Island. It was part of three large files Collins kept about Hodne's crimes. It gave us the names of the other women\u2014Karen (who asked to be identified only by her first name), Susan and Adrienne Reissman (as well as of another former Penn State student who did not respond to our calls)\u2014 and access to their stories and voices. Collins' files also yielded a report written by Musser two days after Betsy Sailor was raped. That report identifies \"a similarity between this case [Sailor's] and 678- 08239 [Karen's case], invol. Deviate Sexual Intercourse,\" and indicates Musser 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 30/110 \"reinterviewed [Karen] and showed her the [artist composite] sketch. She said he looks familiar, but the nose didn't seem quite right.\" Also in those files is a report in which Musser questioned Hodne, and later his parents, on the day he was arrested in State College. They had come to State College to post bail. \"Mr. Hodne was shown the knife used and he indicated that he had never seen it,\" the report stated. \"He stated that his son was at home on August 20th, 1978,\" the day after Karen was attacked. In all, the Collins files showed that in addition to naming five victims, Musser and the State College Police questioned Hodne, his parents, his girlfriend and two of his teammates\u2014Capozzoli and Ragucci\u2014about his activities on nine dates between the middle of August and the middle of October 1978. As in the Betsy Sailor case, Susan, Karen and Adrienne Reissman had reported being sexually assaulted by a very large, very strong man who bound their hands and threatened them with a deadly sharp object. Further records from their investigations have since been lost or purged OCT. 25, 1978, Todd Hodne was arraigned at a preliminary hearing for the rape of Betsy Sailor. Later that afternoon, the phone rang at the State College police station. Duane Musser wrote at the time: \"At approx. 1700 hrs. this date someone called this Bureau from the Centre County Jail to inform us that Todd Hodne had posted bail and was released. \"His photo and the above information were placed on the Daily Bulletin for patrol alert also contacted [Susan] (678-10416) and informed her of Hodne's release.\" Susan (678-10416) was the daughter of the phone company employee who had traced Hodne's phone calls. Musser was calling to warn her. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 31/110 2 Joe Paterno won 24 bowl games, including two national championships, while at the helm of Penn State football of Aug. 18, 1978, Karen\u2014one of the five State College women\u2014 came home to an empty apartment. She lived with her roommate, Jean, in an 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 32/110 apartment building on Beaver Avenue and Jean had gone away for the weekend, something she never did. Karen won't go into detail about what happened that night when her attacker found a way in and found her alone. It's too traumatic. An article in the Daily Collegian describes the attack like this: \"State College Police are still investigating an incident in which a woman was forced to commit a deviate sexual act at knifepoint Aug. 19. Police had said a man entered the woman's East Beaver Avenue apartment through a window between 3:30 a.m. and 4 a.m. and then forced her to commit the act.\" The Aug. 19 crime is the first of a series of sexual assaults for which Todd Hodne would be investigated. And Aug. 19 is also the afternoon Joe Paterno announced Hodne's suspension from the Penn State football team. In Karen's mind, the horror of the attack would always coincide with fond memories of her last summer in State College. Jean was dating Penn State defensive end Clyde Corbin, and Karen often accompanied them when they went to downtown bars like The Saloon for pitchers of beer. Karen had a lot of friends and a job she liked at the Centre Daily Times, but that summer she also socialized with football players. It was part of what made the summer special. It also was part of what left her with a lifetime of questions: How did her attacker know she was home alone? How did a football player know she was home alone? Why did her attacker ask if she recognized his voice? Had she met him before? Did he have an accomplice? There was an investigation of the attack. \"The police came over,\" she says. \"They were in my apartment for a long time.\" Karen remembers her attacker going through everything, and now the cops were doing the same. Jean remembers seeing smudges of black all throughout their apartment where police had tried to lift fingerprints. Jean also remembers that when Hodne was arrested, Clyde had reminded her that the three of them had run into him at The Saloon a few weeks before the attack. Karen remembers police finding a footprint outside her window. But 43 years later, what Karen remembers most is the sense she had that the police were investigating her as much as they were investigating what happened to her: \"And basically what came out of it was that they told me they didn't have enough 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 33/110 information to go to court. And that's what heard from everyone involved in this: not enough evidence. They had evidence.\" In addition to being a father figure to many of his players, Joe and his wife, Sue Paterno, raised five children, including two daughters, Mary and Diane called Karen in the summer of 2021, she asked why anyone would be interested in the story of what happened to her. \"Is this going to be some kind of expos\u00e9 about Penn State?\" she asked skeptically. The next day, she called back, asking how we had gotten her name. We told her about the police report Duane Musser had written after his interview with Hodne's roommate Fred Ragucci, noting the names of other possible victims. \"Yes,\" Karen said would have been one of those people.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 34/110 For decades, Karen had felt like what happened to her \"didn't matter to anyone,\" she says. But to be asked about Hodne now\u2014to receive a phone call about Hodne now\u2014changed things. \"It was just something that was ignored, and there was nothing much could do about it,\" she says. \"That [someone] wanted to do a story about it, and felt that it was significant, made me realize, 'Well, maybe this is more important.'\" She had told so few people over the years. And when she did, she often regretted it. Indeed, it was as if her experience of long ago had determined the course of the decades to follow\u2014as she once felt investigators pushed her aside, she later heard those closest to her urging her to push aside her traumatic memories. She told her parents, and they suggested she must not have been careful enough. She told her brothers and the man she married, and they asked her to move on\u2014to not think about it. And she tried; how she tried, even through her nightmares and unending insomnia. \"It was buried,\" she says. \"And it would come out at the most horrible times.\" When she called back, she started to tell us what happened to her in the summer of 1978\u2014an experience that \"has affected me to a great extent my entire life.\" She remembered a woman named Betsy as \"the only one who could actually pin [Hodne] down\" at the time. And she told us something else know Joe Paterno was involved, and I'm trying to remember all the details.\" There were other memories. The attacker used a knife; she didn't want to talk about it. He stole money from her purse. Later, the police asked about his hands. We circled back to Paterno. What did she mean she knew he was involved? \"He knew who was. He knew the police were interviewing me. The trial itself was discouraged from going to, and not necessarily by the police. And I'm trying to remember how all that went as well.\" How did Paterno know her? Did he reach out? Did he call her think he might have think he might have,'\" she said. \"And I'm trying to remember all those details, and hesitate to blurt things out because I'm not totally certain about how that all went. Yeah think he did think he did. And from then on, he knew me. He would say hello to me on campus if he would see me.\" She went on. \"I'm trying 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 35/110 so hard to remember. It was a rather shallow conversation. It wasn't anything. But the impression got was he knew it was that guy [Hodne] but he wanted to probe and see if knew that it was him think that was kind of the gist of it. Which at the time was really don't remember what said don't remember too much about what revealed or didn't reveal don't think revealed much of anything.\" Why did she think he was asking her questions? \"Oh, to protect his player,\" Karen said with Karen have continued since the day she called back. She says it has been an awakening for her, and she has kept us informed as she has remembered more and more details. Library archives contain none of Paterno's phone logs from those years. There is barely any information available in the police report about Karen at all. And she remembers Paterno's call the way she remembers everything else about the days and months after Aug. 19, 1978\u2014fitfully, fretfully. But the basic narrative has not changed. When Todd Hodne was arrested for his assault on Betsy Sailor, the police had reason to believe that he had also attacked Karen, so closely aligned was the modus operandi. In the fall of 1978, as far as she knew, no one other than Jean, Clyde, Karen's boyfriend and State College Police investigators knew Karen was one of the named victims in an ongoing string of sexual assaults. But then she learned she might hear from Joe Paterno seem to recall that somebody told me that he was concerned about it and that he might reach out to me,\" she says. Paterno, in those days, was famous for doing the right thing. When he called Karen after Todd Hodne had been arrested for the attack on Betsy Sailor, Karen hoped he was doing the right thing for her, especially after he asked, \"Are you OK?\" But the call went differently than she expected. To Karen, Paterno's call \"was kind of an admission that his football player did it, and he was expecting me to move forward.\" Karen wanted to move forward but didn't want to forget. She was, in fact, hoping to prosecute. \"He was trying to ascertain if was going to go to [the 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 36/110 Betsy Sailor hearing] and if the police had discovered anything concrete. My recollection is that he came out and asked me if was going to testify\u2014if was planning to go to court.\" When Paterno called, she had hoped that he was calling out of concern for her. Instead, Karen felt he was calling out of concern for his program. \"He was kind of scaring me think a little bit,\" she says in charge of discipline on the Penn State football team. \"Sometimes they felt that because they were football players, they'd be getting special treatment,\" Lee Upcraft, university assistant vice president for student affairs at the time, says of players who got in trouble. \"But they were more worried about Joe Paterno than they were of me, let's put it that way. Joe could just do anything he wanted and nobody was going to question him.\" Paterno kept his own counsel and maintained his own doghouse, which had a number of rooms. The main room was for players who drank, who fought, who put their fists through windows, who had done \"something stupid\" and embarrassed him. These he punished at practice by making them run the steps of Beaver Stadium or wear the dreaded white jersey of \"the foreign team.\" \"If you messed up, you'd find it in your locker,\" says Tony Capozzoli. The second room was for players who were flunking out. These he sent to academic advisers and, if they proved themselves immune to intervention, dropped from the team. The final room was for those who either never left the first two or had made the newspapers by breaking the law. These he suspended unilaterally. He was not in the habit of consulting with his coaches during his deliberations; he only informed them of their result. \"He would say, 'All we have to do is pretend he sprained his ankle yesterday and go on,'\" remembers Booker Brooks, one of his longtime assistant coaches. But the players, the press and everybody else in the sphere of Penn State football would know that beyond incurring Paterno's displeasure, the player had been deemed unworthy. He had been excommunicated. He had been, in a phrase repeated again and again in any discussion of Paterno's decisive discipline, \"sent home.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 37/110 Todd Hodne did not fit within Paterno's system of crime and punishment. Paterno liked to make an example of players who had gotten into trouble, lecturing the team even as the players did their penance. But he had nothing instructive to say about the predatory behavior of Hodne. \"There was something fundamentally wrong with Todd,\" Ragucci says. \"And that was not something that could be corrected by making an example of him.\" On Oct. 21, 1978, a little more than two months after Karen had been attacked, the Nittany Lions beat Syracuse 45-15 for their seventh straight win of the season week later, they beat West Virginia 49-21 and were ranked second in the national polls. In between those two games, on Oct. 25, several players attended Hodne's preliminary hearing at the Centre County Courthouse. Offensive tackle Irv Pankey, who would later become an offensive captain of the team, remembers they were late for practice that Wednesday. Assistant coaches were displeased, but Pankey says Paterno had approved their attendance at the hearing: \"It doesn't matter what the assistant coaches think when Joe Paterno tells you it's OK.\" Paterno liked Hodne, some of his teammates say, and made a habit of calling him out with the grumpy affection he reserved for wayward charges: \"Hodne, get a haircut.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 38/110 Irv Pankey was an offensive tackle for Penn State who became an offensive captain of the team and went on to play 13 years in the Hodne was still one of them, a teammate. \"He was still our boy,\" as Pankey says. Hodne had worked with them, sweated with them, drank and partied with them. He might have been \"Shemp\" to some, but to defensive back Micky Urquhart he was \"a free spirit,\" and to Bill Dugan, a sophomore lineman and resident of Hamilton Hall, he was \"one of the leaders of our class.\" They were shocked by the 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 39/110 reports of his arrest. They wanted to give him a show of support, and so they came in force, the undefeated Nittany Lions still recognizable in their suit jackets. Betsy Sailor remembers Centre County District Attorney David Grine telling her that Hodne's teammates were coming to court if not to intimidate her then at least to make it more difficult for her to identify a football player seated among his kind. And that is exactly what Betsy saw when she looked at the courtroom in Bellefonte, Pennsylvania, on Oct. 25, 1978. \"There were a bunch of big, burly guys in the courtroom,\" she remembers. \"It was front-loaded with football players.\" But Betsy was neither intimidated nor confused. She spoke of the rape as she always had, forthrightly and with nearly forensic precision. She was not easily embarrassed, and she did not shy away from describing anatomical details if they helped her case. And in her recounting of the crime, she described the blue suede Puma sneakers her blindfolded eyes had struggled to see as she was pinned to the bed\u2014 the sneakers Hodne was wearing in court lot of Hodne's teammates didn't think he did it. They didn't think he did it because they didn't think he needed to do it\u2014because he already had two girlfriends, one from home and one from the Penn State swim team; because he seemed to have his pick of any girl he wanted. \"Frankly, we thought it was bulls-- -,\" Kip Vernaglia says. \"We thought that a girl just got pissed off or whatever. Because it just didn't make any sense mean, it wasn't like Todd was some dreamy-looking handsome dude. But back then, that didn't matter. You're not Preliminary Hearing Transcript In a portion of Betsy Sailor's interview with the Centre County district attorney at a preliminary hearing following Todd Hodne's arrest, she described the shoes Hodne was wearing when he attacked her 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 40/110 destitute on a desert island. In those days, if you played football for Penn State, the last thing you needed was a date.\" The blue suede \"Clydes\" were what started to change minds, because they were part of what made Hodne so \"Long Island,\" as much a fixture of his public life as his knife was of his private one. When Betsy mentioned them in her testimony, they glanced at each other as she spoke\u2014in the words of one of them, \"'Like, holy s---.'\" It was not easy for her. Betsy was but one person, still very young, daring to bring criminal charges against a Penn State football player. She had never known the power of Penn State football until she felt it firsthand\u2014until she understood that by accusing one of its players, she had taken it on felt like had thrown dirt at the queen,\" she says felt bad felt bad that one of the things that admired about this institution, the football team, had produced this individual. They weren't at fault, but just felt bad was just guess was kind of shocked that part of the university that admired would do that.\" Betsy remained one person, because although Karen, Susan and Adrienne Reissman all wanted to bring charges against Hodne, none were deemed to have enough evidence to do so. Betsy never met them, and they never met her. And although by this time there was evidence of Hodne attacking multiple women, the preliminary hearing marked an ambiguous milestone: it was both the beginning of Betsy Sailor obtaining justice for her rape and the end of ongoing investigations of her rapist in Pennsylvania. There are no reports indicating that police investigated either Karen's case or Susan's beyond Oct. 25, 1978, the day of the hearing and the day Duane Musser called Susan to tell her Hodne was free on bail. Fred Ragucci knew that Hodne was being investigated for other crimes because he had been asked about them. So did Tony Capozzoli, who had also been asked about them. So did Joe Paterno, who knew to reach out to Karen in the time leading up to the preliminary hearing of the attack on Betsy Sailor. \"It was a bit of a different time,\" Ragucci says. \"Police were authoritative and, presumably, they were doing the right thing. There was no question in my mind they were doing the right thing. There was no question in my mind that Joe was 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 41/110 doing the right thing. He talked, you listened, and to be honest with you, it would never have dawned on me to go to the newspaper. And for the people that talked to\u2014my parents, my girlfriend, my friends\u2014it never came up. We just assumed that the school, the administration, the football folks and the police were all doing the right thing tell them what know. And then they do what they're supposed to returning one day to 279 Hamilton Hall and finding all traces of his roommate gone. But Hodne stayed in State College. Out on bail, he was crashing with friends or living in his car, a yellow Ford Torino with New York plates. One night at the end of November 1978, an officer from the Penn State University Police approached his car to deliver him written notice from student affairs that he had been \"summarily suspended.\" Hodne tucked the letter under the windshield visor; then he read it, crumpled it into a ball and threw it on the street, a report from the University Hearing Board says week later, the director of student conduct told him that a disciplinary hearing had been scheduled for Dec. 7. Betsy Sailor showed up for the hearing. Hodne did not. In the company of Duane Musser, she told the story of her rape to what she calls \"a room full of men,\" led by the director of Conduct Standards for the Office of Student Affairs, Don Suit. The University Hearing Board listened and ruled Hodne guilty as charged. He was dismissed from Penn State, and State College Police noted he was living in his car. Betsy had left school after the rape. She remembers someone from the university telling her to leave State College. After Hodne's arrest, she returned to Penn State and moved into university housing\u2014a freshman dorm. She could no longer live in her apartment. She was too afraid. She was afraid of being alone. She was afraid of taking a shower without someone standing close by, and she jumped \"six inches in the air\" when someone surprised her. In the dormitory, she had no roommate, and she felt not only alone but singled out. Once, when she walked the campus, she heard a group of guys she recognized as football players making catcalls: \"There would [be] no other reason to do it other than they knew was the one.\" Another 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 42/110 time, early in 1979, she had a chalkboard on her door and, according to a police report, found a scrawled message with the name of one of Hodne's teammates: \"Hi, I'm a football player and I'm nice too.\" One night, there came a knock on Betsy's door that changed everything for her. \"And went to my door, and opened it,\" she remembers, \"and there was a man that completely, seemingly, filled the entire door frame, like there was not a lot of space other than him. And he put out his hand and introduced himself. He said: 'Hello, my name is Irv Pankey, and just wanted to let you know that was in the courtroom today and listened to what you had to say. And believe every word that you said. And, you will never have to be afraid, or be alone again will be by your side.'\" Irv Pankey was a junior and a natural protector\u2014a tight end who had been moved to left tackle. He was 6-foot-5 and 270 pounds, with a 13-year career in front of him. He had a deep solemnity about him that belied his penchant for good times. He was the roommate of Hodne's friend Kip Vernaglia. Pankey was part of the crowd that went to the Train Station on Tuesday nights. He and Hodne had ridden in the back of a teammate's pickup truck on a trip to New York City, drinking beer and peeing over the tailgate. But he had heard Betsy Sailor describe Hodne's sneakers, and Pankey had seen her on the stand, and he knew bravery when he saw it. \"She came forward,\" Pankey says. \"And that brought things to light \u2014what the situation really was. If she hadn't stepped up and he hadn't gone to trial, no one would ever have known. And she started putting cracks in stories. It Penn State Hearing Board Report Penn State expelled Todd Hodne in December 1978. According to the report from the hearing, which redacts his name, he did not appear for the proceedings 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 43/110 used to be 'he said, she said,' so with him being a Penn State football player, he would have been believed first. Kudos to her for stepping up and sticking to her guns about it. Kudos to her for not being buffaloed.\" They were so different from one another in so many ways. But Irv had seen that Betsy was alone in State College, and in that he saw part of himself: \"When started playing for Penn State, there were 12 African-Americans on the team. So being African American think we understand the play. You know what mean? We have a commonly white school, and we have all been through some of that stuff. We could all relate, so to speak.\" He did not want her to endure the isolation he had: \"She did not deserve to be a pariah.\" But they also had something else in common. Betsy was not just alone; she was singular. She had taken on the institution of Penn State football and, alone among Hodne's victims, had brought her case to court. Now Irv, alone among his teammates, walked to her dormitory and knocked on her door. Betsy stood up for herself. Irv stood up for Betsy. \u201cWhen Betsy testified thought that took a hell of a lot of courage and self fortitude He promised to protect her and not only kept his word but made sure that a few of his teammates followed his example. She had been brutally raped by a football player, but she spent the second term of her senior year in the company of football players, mostly Black, who made her feel less alone and less afraid\u2014and who made her feel once again part of the campus she loved. They did not have to say anything; they simply included her, so that if they went to a party so did she. \"It was huge for me,\" she says. \"It was huge to me that someone from the football team crossed over the line and befriended me. He could have closed ranks, and said, 'We don't talk to her; she's done something against one of our brothers.' But he did the exact opposite. He believed in me, and was a stranger. And was white, and he was Black. And he was my guardian angel.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 44/110 of 1978, \"60 Minutes\" profiled Joe Paterno. Hosted by silvery-haired eminence Harry Reasoner, the 16-minute segment aired the night before Penn State was set to play Alabama for the national championship. Its title was \"We're Number One,\" and it offered Paterno as a rumpled antidote to a nation obsessed with winning at any cost\u2014 \"a man who is maybe less neurotic about being No. 1 than others in his profession.\" With wry wonderment, Reasoner listed a familiar compendium of Paterno's values and virtues, extolling the coach's revolutionary belief that \"football should be fun\" and that \"college coaches should be educators,\" before concluding with the affirmation that Paterno is a \"genuinely nice guy\" who is the \"best-loved college coach since Knute Rockne.\" The piece wraps up with the line: \"If he's not No. 1, maybe he should be.\" The piece captured Joe Paterno and Penn State football at their moment of arrival, finally deemed worthy of the national stage. It also happened to capture the program in the same week that Todd Hodne was arrested. Reasoner visited State College as the Nittany Lions prepared to play Syracuse on Oct. 21, and Paterno fretted that his players were having a hard time concentrating. Hodne was in jail at the time that Reasoner toured the locker room with a camera crew and noted with amazement that even there \"you see players studying.\" He never mentions the Hodne case. Penn State did not end up No. 1. The day after \"60 Minutes\" aired, the Nittany Lions lost to Bear Bryant in the Sugar Bowl. With the national championship on the line midway through the fourth quarter, Paterno called a conservative run play on fourth-and-goal from inside the 1-yard line. Alabama stopped Penn State tailback Mike Guman from going over the top into the end zone, and when Paterno wrote his autobiography 10 years later, he still lamented the call have talked about getting angry with myself when lose. Nothing of the kind ever compared to this loss,\" he wrote beat up on myself, not only immediately but for months afterward, halfway into the next season. Much as blamed myself couldn't tolerate all that self-blame let my anger turn against the staff and against the team, even though the decision was purely mine had to spill some of 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 45/110 it off. Writers and fans said, for all to hear, that Paterno couldn't win the big one at the critical moment. Even former players said openly, for quotation, 'He should have won that one.' \"It got to me. It hammered at my ego. When stood toe-to-toe with Bear Bryant, he outcoached me after the national championship game, three of Hodne's teammates were called to testify for the defense at his trial. Gary Ptak, Gary Wagner and Tony Capozzoli met outside of Joe Paterno's office shortly before the trial. He had called them in, wanting to know what each of them was going to say on the stand. He had not addressed his team about Hodne in the usual prescriptive way. But according to a report detailing a conversation between Ptak and Duane Musser, Ptak responded to a request for an interview \"by stating that Coach Paterno had made a statement to the football players that no one speak to anyone in regards to this case without his permission.\" Musser also tried to interview Capozzoli\u2014who had been arraigned on theft charges in an unrelated case\u2014before the Hodne trial. Capozzoli was \"very evasive and indicated he would like to cooperate but stated that he was advised by Hodne's attorney not to discuss the matter.\" Paterno had been asked about Hodne's whereabouts by State College Police three days before Hodne was arrested and had made contact with Hodne's roommate, Fred Ragucci. He had directed Ragucci to talk to Musser. Paterno had allowed his players to attend Hodne's pretrial hearing and then later had prohibited them from speaking to law enforcement without his permission. Now the coach was meeting with Ptak, Wagner and Capozzoli in his office prior to their giving testimony in the Hodne trial. Ptak and Wagner had been subpoenaed to confirm a timeline. Capozzoli remembers testifying voluntarily, as someone who knew Hodne from their glory days at St. Dominic. \"It was short,\" Ptak says of his conversation with his coach. \"It was, 'Joe, we got subpoenaed; what are we going to do?' He goes, 'Well, you got to tell the truth the 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 46/110 best you can.' And that was it.\" Capozzoli's conversation was different, as was his relationship with Paterno. As the son of a coach himself, Capozzoli often bridled at Paterno's authority, and he says he \"wasn't afraid of him.\" Paterno sometimes called him a \"wise guy from Long Island.\" In his office that day, Capozzoli recalls that Paterno didn't mince words. \"So right off the bat, he says, 'Todd Hodne is guilty, and if you testify for him, you're off the team,'\" Capozzoli says. \"So said, 'Look, Joe laughed at him said, 'The guy's got a million girlfriends. Maybe he dumped her and she got mad said, 'I'm just going to tell the truth never took what he said to heart testified and went home for a few days, and when get back, my room key doesn't work. All my s--- is gone; somebody moved it. I've been moved down to this place we called the barracks, in the basement of the gym. He goes, 'You still have your scholarship; you can go to school. But you're off the team.' Isn't that, like, jury tampering? Isn't that a criminal act? But there's no recourse. What are you gonna do?\" Paterno's longtime offensive line coach Dick Anderson remembers Capozzoli's dismissal differently, saying think he's making excuses for the fact that he was never good enough to play at this level.\" Capozzoli counters, \"Why would lie?\" and adds, \"To a fault, [Paterno] put the program ahead of everything else had gotten into a jam downtown. It wasn't anything bad\u2014at least, it wasn't anything evil. It was just stupid stuff, circa 1979. One of them had put his fist through a window; the others had given the cop who arrested him a hard time. They all wound up getting arrested. They were given a citation and worried about the black mark on their records and what their coach would say or do. The next day, a lawyer in State College gave them a call. Bob Mitinger was a fixture around Penn State's athletic department. He had been an All-America end for Paterno when Paterno was an assistant and had gone on to play for the San Diego Chargers in the AFL. Mitinger had returned to State College after he retired and helped players headed for the pros with their contracts. He worked out in the gym 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 47/110 with the team, one of the few civilians with that privilege. He taught a business law class popular with athletes, one of whom remembers walking into his class for the first time and being told that all he would have to do was sign his name. Now Mitinger was telling Hodne's freshman roommate and a few other players that he was going to be their lawyer. When they asked how much it was going to cost, he said not to worry about that few days later, they met him in court and paid a fine, and the charges went away. \"Looking back, he was what would now say was the fixer,\" the roommate says. \"He did that on a regular basis. In State College, and with Joe Paterno, if stuff happened across the line from the standpoint of the law, to whatever degree it could be taken care of, it was taken care of. Based on knowing the judges, etc., they were able to control the narrative, so to speak.\" Mitinger represented a lot of players he liked to call \"knuckleheads,\" according to his widow, Marilyn\u2014players he told to \"knock it off\" after he helped them wipe their records clean. At Hodne's trial, which began on March 1, 1979, Mitinger, along with his associate John Miller Jr., from the law firm of Miller, Kistler & Campbell, represented a defendant whose crimes could not be written off as the result of youthful excess the voice again. District Attorney David Grine had prepared Betsy Sailor for the trial, instructing her to dress conservatively and to refrain from being too emotional on the stand. \"He wanted no smiling and no emotion from me whatsoever,\" she says. She had been raised \"with Pendleton skirts and sweaters and that sort of stuff,\" and she had been able to speak matter-of-factly about her rape since it happened. But nothing prepared her for the experience of sitting in the courtroom when Todd Hodne spoke for the first time. She knew that he was linked to the crime by what, in 1978, constituted scientific evidence\u2014fingerprints, semen. But she had not seen him during the attack because he covered her eyes with a scarf and then her head with a pillowcase. She didn't know for certain that he was her rapist until she heard him 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 48/110 open his mouth. It was his voice that had shattered her during the attack, when he had said, \"I'm going to rape you\" in a way that had destroyed all doubt and all hope. And it was his voice\u2014low and flatly declarative\u2014that now caused her to gasp and brought her to tears and prompted Grine to ask her to step out of the room to collect herself. Betsy had believed, she says, that the March trial was going to be like the October hearing, \"that it was just a matter of working through the evidence and everything was going to be fine.\" But as surely as Hodne's voice confirmed that he was the man who had raped her, it reminded her that he might yet go free realized at this one moment that this is not a matter of my knowing this is right. It's a matter of the jury thinking it's right. And that's when realized this is, you know, a crapshoot. And that really kind of blew me away. Only then did feel like was in jeopardy. Nobody knows what the outcome is. It's a roll of the dice.\" Betsy had heard what happened to women who accused men of raping them in open court\u2014\"the horror stories\" of what awaited them when they took the stand. She expected John Miller Jr. to attack her character and her sexual history. But there was one question she had not anticipated. Miller asked whether she had opportunities to leave during the two hours Hodne was in her apartment thought, 'All right have an answer in my mind.' And thought it was a little dangerous. But yeah am taking this approach said, 'You're absolutely right did. And thought about it. But after a knife was in my neck twice made a conscious decision not to try and escape made a decision that was going to get through this. And wasn't going to test it wasn't going to test him. The answer is, 'Yes.' \"And that shut him down,\" she says. Betsy won. And yet she says that \"the hardest thing that went through was when they found him guilty. They had to poll each of the jurors, and hearing that, 'Guilty, guilty, guilty,' gave me a very unsettling feeling knew what he did. But in my heart of hearts felt sorry for him felt that prison was not going to be the answer for him and was only going to make him harder. And felt that this was the end felt that this was a person that's now lost to us.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 49/110 Guilty, guilty, guilty: 12 times Betsy heard those words, and each time, she says, \"felt like a piece of broken glass.\" It wasn't just the foreboding she experienced; it was the response of Hodne's family, especially the women in his life, his mother and his sister and his girlfriend from home. \"There were shrieks of horror. There was just so much sadness and disbelief. Nobody pointed a finger at me or said anything that made me feel they thought it was my fault. But it was a kind of chaos that was happening, and was like, 'Please, let me just get out of here.\" The police formed a phalanx around her. They escorted her out of the courtroom, and Betsy Sailor never saw Todd Hodne in person again \u201cShe was bold enough to stand and get up there and speak on her behalf PANKEY, on his memory of Betsy Sailor testifying against Todd Hodne in court. 0:00 / 0:12 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 50/110 the verdict was read, the judge, Richard Sharp, silenced the courtroom. He did not remand Hodne into custody nor revoke his bail but instead announced he would be released to return home with his family while awaiting sentencing. David Grine had done something thought to be impossible in Centre County Penn State football player had raped a Penn State student, and Grine had won a conviction. He had every reason to expect the football player was headed to county jail and then to prison. But that was not the case. \"Usually, you revoke bail right there on the spot,\" he says. \"It's, 'Bail is revoked; see the sheriff, please.' We got [Hodne] convicted, felony one\u2014and then [Sharp] let him out on bail pending appeal.\" Others in the courtroom also were stunned, Gretchen Fincke, who worked at the rape crisis center, remembers. The Hodne family gathered around Todd. His girlfriend held his hand. They walked Hodne out of the courtroom \"in a protective bubble.\" And then, Todd got in his parents' car and left Centre County, Pennsylvania remember sitting there looking at the girlfriend and thinking, 'Oh sweetie, you have no idea what you are in for if you stay with this person,'\" Fincke says. Betsy Sailor's police report Over the course of his investigation into Betsy Sailor's rape, Penn State University police officer Duane Musser contacted members of the school's football team, one of whom described instructions from Joe Paterno 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 51/110 That same day, March 3, 1979, Duane Musser returned from the courthouse in Bellefonte to police headquarters in State College and wrote the following report: \"On this date, the defendant, Todd Hodne, was found guilty of Burglary, Rape and Involuntary Deviate Sexual Intercourse after completion of a jury trial before Judge [Richard] Sharp. He was found not guilty of Possessing Offensive Weapons pre-sentence investigation was ordered and the defendant remained free on $25,000 bail.\" They thought they got him. Musser, the detective; Ron Smeal, one of Musser's supervisors; David Grine, the prosecutor; Betsy Sailor, the victim and witness; at least one of the jurors: They all thought they had done enough to put Todd Hodne away. Yes, there were other victims, at least three of whom say to this day that they wanted to prosecute. But Grine remembers them not wanting to cooperate. Smeal says that a detective touched the lightbulb that Hodne had loosened in Susan's apartment and thereby contaminated the fingerprint evidence. Musser remembers there not being enough evidence in Karen's case. Adrienne Reissman says the State College Police didn't follow up on her case once Hodne was arrested and they found out she hadn't seen his face. But justice had still been done. Hodne was convicted on three very serious charges, and the cops thought these convictions would be enough. \"We had multiple rapes that met this M.O.,\" Smeal says. \"We were very concerned about apprehending him and stopping this spree.\" They are gone or resolutely silent now, the men who might be able to shed light on how Hodne could be apprehended without his spree being stopped. Bob Abernethy, another of Duane Musser's supervisors, calls Bob Mitinger \"one of the good old boys at the courthouse\" and John Miller Jr. one of \"the big muckety- mucks in Centre County.\" Mitinger died in 2004 and Miller in 2007. Miller's son, John Miller III, still works at Miller, Kistler & Campbell. Despite having signed important petitions in Hodne's defense, he denies having anything to do with the case and told us that if there were any documents left behind couldn't give them to you.\" As for Judge Richard Sharp: He died of cancer a year and a half after Hodne's conviction, and John Miller Jr. led a remembrance service at the courthouse. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 52/110 Four decades later, Grine, who became Sharp's successor on the bench, is still baffled by Sharp's decision: \"I've never had anybody else do that. I'd never had it happen to me before. I'd never heard of it happening don't know if they do it in Philadelphia or New York or not but, they sure don't do it here in the country. But [Sharp] did. There is no logic or reason to it thought he shouldn't be out,\" former juror Romaine Bratton says. \"The judge let him go, and we were appalled,\" Fincke says. They got him, but they didn't stop him. The $25,000 bail set by the magistrate judge after the preliminary hearing in October was not revoked, and instead of going back into custody, Todd Hodne was sent home to Wantagh had been held over spring break when the campus newspaper wasn't published. There were a few short wire service updates that ran in a few Pennsylvania newspapers. But the only local print coverage of the conviction came in a story two days after the verdict in the Centre Daily Times, written by staff writer Molly Bliss and reporter Jane Musala. Todd Hodne, Tony Capozzoli, Gary Ptak and Gary Wagner testified for the defense. The story describes Hodne as \"a former University student\" and goes on to describe Capozzoli as \"a University junior and friend of the defendant\" and Ptak and Wagner as \"students.\" The only reference to football comes at the end of the story, when it mentions Hodne's testimony regarding the Record Ranch burglary: \"As a result, he said, he was suspended from the football team for a year though his athletic scholarship continued.\" The story of a Penn State football player convicted of the rape of a Penn State student did not include the words \"Penn State football player.\" \"Believe me, it wasn't my choice,\" Musala says. \"If we're covering this because he's a football player, why aren't we reminding people that he's a football player?\" Musala's editor, who would later become mayor of State College, resisted the use of the language because he \"was aware that this was sensitive because it was the Nittany 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 53/110 Lions,\" she recalls. And when she and Bliss contacted Penn State's head of communications, Art Ciervo, for comment from Paterno on the conviction, Hodne was described to them as \"inconsequential.\" The editor, William Welch, and Ciervo are now deceased. \"We tried to beat the director [Ciervo] into saying something,\" Musala says. \"'Look, have [Joe] say something. Can you have him say something?' 'Well, he's an inconsequential player and Joe really doesn't want to talk about it.'\" The only surviving member of Penn State's public information department at the time is Dave Baker, who was assistant sports information director in 1978. He became the director a year later, and he still has a job as an associate athletic director at the university. Baker also has taught a media relations course at the Donald P. Bellisario College of Communications. When we called to ask what he remembers about the Hodne case, Baker said first that he didn't remember the case and then that Penn State did all it could do never met him, and don't remember if he ever played a game for Penn State,\" he said. \"It was a long time ago . . . he got in trouble and then he was no longer on the team.\" Over the course of a half-hour conversation, Baker kept repeating that Hodne had been dismissed from the program. He went on to say that he has no idea what happened to Hodne or where he went and that Hodne's conviction \"got substantial press,\" was \"dealt with at the time,\" was \"one incident 42 years ago\" and was \"an anomaly at Penn State.\" Baker never used the word \"rape.\" He said he had a \"rough idea\" of the nature of the criminal charge but didn't want to speculate, saying don't think that's fair to [Hodne] in case my memory of that is different than what actually happened.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 54/110 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 55/110 One of the only known photos of Todd Hodne and Joe Paterno appeared in the Daily Collegian, Penn State's student newspaper, in 1978 Todd Hodne was one of seven players in Paterno's recruiting class of 19 who lettered his freshman year. He played in at least seven games in the 1977 season, including the Fiesta Bowl. One of the few photos that the Daily Collegian ran of spring practice in 1978 shows Joe Paterno giving Hodne the benefit of his personal tutelage, above the caption, \"Do it like this.\" Beyond the announcement of Hodne's suspension from the team, neither the school nor the football program ever made a public statement of any kind about Hodne or the students he attacked. He was, after all, a player of no consequence, involved in an isolated incident. He would leave State College and never be heard from again. But that was not the case 3 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 56/110 Todd Hodne's crimes culminated in a murder on a side street in Huntington, New York five of them, a bunch of 19- and 20-year-olds jammed into a car for spring break 1979. They had all met each other at secretarial school in New York, and now they were headed for Florida on I-95. They were a little wild, if you want to know the truth; they had a radio, and when they weren't singing along with eight-track tapes, they were flirting with truckers and joining their convoys. They 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 57/110 were young, of course. But they also were wild for a reason\u2014wild because one of them was Todd Hodne's girlfriend, and they were trying to set her free. Ellen (who asked that we refer to her only by her middle name) had met Hodne in 1977, on her 18th birthday. She had gone to a bar on Long Island with her friends, drinking legally for the first time. She noticed him in part because of his sweater\u2014 it was long, with a belt and an extravagant Mexican pattern, more stylish than the kinds of getups Long Island boys usually wore. \"I'm Todd Hodne,\" he said know who you are,\" she answered. That night, he wound up driving her home from the bar. \"We parked near my house until the sun came up, just talking and talking and talking and talking,\" she says. \"And he didn't try anything. He didn't even try to kiss me goodbye went into the house and was like, 'Holy crap, that was unbelievable.' He totally hypnotized me.\" At first, she couldn't get over the excitement of being with him\u2014he would get her into clubs in New York, he would get her into parties in the Hamptons. \"Nothing was out of our realm,\" she says. It was even more exciting when he went to Penn State, and she drove with his parents to every home game in State College. He didn't always play, but she had never experienced anything like the atmosphere of big-time college football. Afterward, he took her to frat parties, and that's where she began to notice the change in him. He used to leave her there all alone\u2014abandon her didn't know where was, and couple of guys on the team would be like, 'We'll get you home,'\" she says. But when she went back to Hodne's dorm room, he wouldn't be there, and when he was\u2014 well, one time she knocked on the door and his roommate came out and stopped her from going in: \"No, no, no, you don't want to go in there.\" She tried to pull away from Hodne after that, but he wouldn't let her. He was \"persuasive,\" she says. \"He could talk his way out of a metal box with locks on it. He had a way of making people say yes.\" Wherever she was, he would show up. She tried to tell herself it was normal until, she says, he showed up at a club where she was dancing with friends, grabbed her by the ponytail and swung her into a steel post. Her father 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 58/110 forbade him from coming into the house, so he used to park down the block and wait for her in his yellow Torino. After Joe Paterno suspended him from the football team, she didn't go to State College to visit. But after he was arrested for raping Betsy Sailor, she listened to his avowals of innocence and testified at his trial. \"He cried like a baby. To me and his mother, he cried like a baby didn't do it didn't do it didn't do it didn't do it didn't do it,'\" she says. \"So Tony Capozzoli and wind up character witnesses for him mean, who wants to believe that your boyfriend's a rapist?\" She cried along with Hodne's mother when the jury read the verdict. But the conviction was also something of a relief. He was going to prison, so she could get into a car with a bunch of girlfriends and go to Key West for spring break. But as soon as they checked into their room, the phone rang, and she picked it up. It was Hodne. \"I'm out front,\" he said. He had followed them down on their I-95 frolic, a convicted rapist driving 2,000 miles on the open road. He came to their room and tried to convince all of them that he couldn't possibly be guilty. And when he left, they all hugged Ellen and wept. \"The whole purpose of the trip was to get her away,\" Ellen's friend Kathy says. \"And for him to show up was our first realization that the accusations could be true.\" Ellen knew she was in danger once she returned to Long Island in the spring of 1979. Hodne had been convicted on March 3. Now it was the end of April and he, for all intents and purposes, remained a free man, coming and going as he pleased. Hodne, she says, was robbing delis, asking her to hide the money in her car, and reading the newspaper obsessively, as if to find articles about himself. But she didn't know everybody else was in danger until she looked behind the passenger seat of his car. \"There was a face mask and a new knife. And was like, 'What was like, 'Jesus Christ.' My whole world was collapsing, and he was like,' No, sit down.' And he pulled me to sit back down. And we were driving, and was like, 'Where are you going?' He goes just have to make a stop. And we pulled over into a parking lot. And he went over to the dumpster and took his sweater, the sweater that he cherished so much, and threw it into the dumpster. \"And he says, 'If you ever tell anyone will kill your father.'\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 59/110 21, 1979, not quite seven weeks after Todd Hodne had been convicted in State College, Anne Wright was returning late from a night out on Long Island. She had gone to Rumbottom's, a rock-and-roll club, and now she was returning to Wantagh. She had grown up there but had moved away with her family; she had come back to work as a nurse's aide and was staying with some old friends. She was 23. At about 4 a.m. she was walking west on Sandhill Road and started to cut across a small local park with a playground when she was hit twice on the head from behind with what she later figured was a pipe or a club or a tree branch. It knocked her senseless. She grabbed her can of Mace, but her assailant said have a knife.\" He bound and then raped her at the edge of the woods, saying, \"You love sex, don't you?\" When he finally left, she tried to stand up but fell to the ground. \"My head hurt and was full of blood,\" she later told the police. Three girls driving by came upon her and began screaming: \"My God.\" On April 23, a young man in a short-sleeved sport shirt with decorative stitching, white pants, a straw hat and sunglasses knocked on the door of a house in Oyster Bay Cove, a small village close to St. Dominic and a house that any student who lived on the South Shore of Long Island and attended St. Dominic would have to pass on the way to school. Georgette Pirkl answered. She was a 52-year-old woman at home with her mother, Caroline, who lived with Georgette and her family. Georgette's two children were in school. The young man at the door said that he worked for the Police Boys Club and was soliciting local men to be volunteer coaches. When Georgette told him that her husband was not at home, he asked if he could leave his name. She let him in. He took her phone off the hook, locked Georgette's 79-year-old mother in a closet and then in the same room raped Georgette in her son's bed, her hands tied behind her back with a telephone cord. On April 30, Barbara Johnson went out for a run near her family home in Bethpage, halfway between Wantagh and Oyster Bay. She was 20 years old and ran five times a week, always around 10 p.m., always the same route. She heard someone coming up behind her and thought he was another jogger. He put his hand over her mouth and the point of his knife into her ribs. He said, \"If you say anything I'm going to use this\u2014do you feel that?\" He was wearing a wool sweater 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 60/110 with a Mexican design. He ordered her to pull her sweatshirt over her head and pushed her into the shadows of the John F. Kennedy Middle School, dragging her into the woods where she had gone sleigh riding as a kid. \"He was very big didn't know what to do at the time because he was so much bigger didn't stand a chance against him physically. So dropped. And he hit me in the head and said, 'Get up, get up, get up,'\" she recalls. He bound her hands with her shoelaces and later with the string from her sweatpants. \"He beat the s--- out of me, and he raped me two ways to Sunday was on my back at first. Then he flipped me over.\" Her face was mushed into the leaves and branches. When she began kicking at him, he hit her across the head with his fist or his forearm. He said guess you don't value your life.\" She said she was willing to take the hits because she was trying to buy time. \"After he got done, I'm like, 'I'm dead. He's just going to freaking kill me.'\" She told him her dad was a police officer and would come out looking for her as soon as he realized she wasn't home on time. He told her, \"Don't move,\" and she heard him run off saw white lights that night thought was dead.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 61/110 was just like, \u2018Take the hits don\u2019t care because I\u2019m going to be dead anyway JOHNSON, on being attacked by Todd Hodne in 1979. On May 12, a 21-year-old secretary from Freeport walked to her car in the parking lot of Long Island's biggest and most popular mall, Roosevelt Field. When she opened the door, a man pushed her inside and showed her his knife. He told her to drive around for a while, until he found a park to his liking. He bound her with cord he had brought for the purpose and told her to \"go down\" on him\u2014\"and if it's not the best I've ever had, I'll kill you.\" When he was done, he told her where she lived, reading the address off her license. He said, \"If you tell the police, I'll kill you or someone you love. You will need a police escort wherever you go.\" She went straight to her boyfriend's apartment, and he had to convince her, and her parents, that she must go to the police. \"She never saw his face. But she heard his voice. And when she went to the lineup, she was easily able to recognize his voice,\" said her now husband, who spoke on his wife's behalf because he said she isn't comfortable talking about the incident and doesn't want her name made public. On May 22, Denise O'Brien left her apartment at 10:30 p.m. to make a phone call. She had just turned 22. She was living in Roslyn, on the North Shore, with no job and not enough money for a phone line of her own. She used a pay phone in the parking lot of a bank across the street man bumped into her on the way and then grabbed her from behind and put his hand around her waist know he had a knife because felt it against my skin several times,\" she later said in a statement to the police. She kept saying to her attacker, \"Let's talk about this,\" and he said, \"Shut up.\" He dragged her into a dark recess of the parking lot and tied her up. He removed her tampon and started raping her. She kept telling him to stop, but this only angered him. \"Never use the words 'can't' or 'stop,'\" he said, and then told her that he recognized her\u2014and that she might know him \"from long ago.\" 0:00/1:04 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 62/110 On May 31, a 16-year-old girl (who asked that her name not be used) answered the doorbell at her family's home in Baldwin, west of Wantagh along the train line man wearing a Sherwin-Williams hat and sunglasses introduced himself as Tom Harris and said that his company was testing a new product by offering free paint jobs to lucky homeowners. When she answered that her parents weren't home, Tom Harris asked for a glass of water and she let him inside. He grabbed her around the neck and held a knife against her. She reached back and grabbed the knife, but he threatened to cut her if she didn't let go. He told her that he only needed money, and though he had to tie her up, he would be gone quickly and she would never see him again. She told him she was 15, a year younger than she was, with the hope he'd be deterred by the stiff punishment for assaulting a minor. He tied her up, made her lie down on the floor and held her down with his foot. He dragged her back to the porch and said, \"Maybe I'll f--- you. Or would you rather die 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 63/110 \u201cIt was just this self-protection mode that suddenly came out.\u201d The ability of the 16-year-old\u2014now 59\u2014to fight back against Todd Hodne resulted in his arrest. \"I'd rather die,\" she answered broke away from him just kept screaming to him, 'My mother is going to be home. She just went to the store. She's going to be home any minute kept screaming it, and he kept telling me not to scream. He kept shoving things in my mouth and gagging me, and kept ripping them out,\" she said in a recent interview. \"Finally, he tied me up and left.\" The girl, still bound, followed him outside. He was running. She ran into the street screaming, as her neighbor, John Henkel, a New York City cop, was pulling up to his house. He gave chase and arrested Tom Harris at the duck pond where he had parked his yellow Torino. Todd Hodne had once again been caught. Hodne was questioned for days and confessed in detail. He admitted to the last crime first and the first one last, since he raped Anne Wright in his Wantagh neighborhood, around the block from his home, and he didn't want to embarrass his parents. In his statements, he seemed almost relieved to have been caught, as if he understood he was unable to stop himself normal person shouldn't do this,\" Hodne says in the statement he gave to Nassau County police about his attack on the 16-year-old girl. \"There seems to be two sides of myself lately. When sit down and think about what do, it drives me crazy. How could do something like that think need to see a psychiatrist. If you could arrange it think do. It's not normal for someone to want to do this, and want to try to straighten out, you know.\" 0:00/0:11 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 64/110 indicted on four counts of first-degree rape, three counts of first- degree sodomy, three counts of first-degree robbery, two counts of second-degree burglary and one count of first-degree attempted rape in Nassau County Criminal Court. He reportedly tried to kill himself in jail a few weeks after his arrest. His lawyer, Martin Silberg, notified the prosecution that he intended to file an insanity defense. He never did. On Sept. 7, 1979, six months after his conviction for the rape of Betsy Sailor, Hodne pleaded guilty to two counts of rape, two counts of sexual abuse and one count of attempted second-degree robbery only wish could recapture what lost,\" Hodne told Nassau County Judge Richard Delin, weeping as he described his crimes. Delin said he had been inclined to withdraw his sentencing offer after he read the accounts of Hodne's attacks but that the letters of support Hodne had received had changed his mind. Thirty-five people had written on Hodne's behalf. One of them was his former high school coach Tom Capozzoli. The Pirkl family remembers Capozzoli also calling Georgette Pirkl's husband to tell him that the player he coached couldn't have done what Georgette had accused him of doing. \"You got the wrong guy,\" Capozzoli said of Hodne, even though a few months earlier his own son Tony had testified in Hodne's rape trial in Pennsylvania. Hodne had lost everything but his powers of persuasion. Had he gone to trial, he could have been sentenced to a minimum of at least eight years up to 25. Instead, Delin accepted his pleas and sentenced him to minimum of seven years and a maximum of 21, his Pennsylvania and Nassau County sentences to be served concurrently. In November 1979, shortly after Hodne entered the Pennsylvania prison system, psychologist Ed Perry evaluated him and came to this conclusion: \"His remorse appears hollow as he tends to project the blame for his misfortunes onto others or simply bad breaks. He assumes little, if any, responsibility, for his actions. He has shallow feelings and loyalties and appears to owe no allegiance to any particular person, group or code . . . Frustration tolerance is low and when denied his own way, aggressive outbursts are likely. He will need to be closely supervised. ... Todd is manipulative and will likely take advantage of those who are physically and emotionally weaker than himself.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 65/110 But the most comprehensive attempt to explain Todd Hodne comes from Hodne himself. Later in life, as a prisoner in New York state, he went year after year before a parole board and had to answer questions about why he did what he did. His answers, as preserved in redacted transcripts, are by definition self-serving and are often dishonest regarding the extent of his crimes. He admits only what he pleaded to, raping one woman in Pennsylvania and two in New York. He explains the attempted rapes on his record by saying he stopped if they resisted. He lies. But he also has clearly been forced to grapple with himself as a consequence of his institutionalized life, and he seems to know this is his life\u2014that he's never getting out. He cites both drugs and steroids as a cause of his crimes. And yet, the story he tells most often starts with football. \"On the outside was the All-American kid,\" Hodne says in a 2019 parole hearing, the year before he died was given a full scholarship had colleges coming to see me in high school, offering to buy me cars to go to school, to give me money chose Penn State and did very well there the first semester . . . And to understand what happened from here actually have to go back to the decisions made when was 12 or 13 or even younger. The football was everything, my self-worth. It was who was. It was also where expressed what you might deem negative emotions never dealt with anything in my life, and stored it up and turned it into anger on the football field, and it made me a very good football player. When first started playing wasn't very aggressive, and they taught me to channel my emotions and become where you don't have empathy for people. The other team is your enemy, and it is your job to destroy them. So started to develop at a very young age my view of [being] a man was that you didn't show emotion had older brothers; if cried in front of them, they made fun of you. So really didn't have any other coping mechanism other than you just internalize it and bring it on to the football field.\" \u201cFor me, it\u2019s 42 years. And you can get over it ... and go on with your life and whatever. But you\u2019re never going to forget it 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 66/110 Hodne says without naming her that he had a girlfriend at home when he went to Penn State but that soon he found another measure of self-worth: \"This is where it really kind of developed to look at women as sexual objects. You go to different parties at night, and there were always women you could have sex with, especially being a football player.\" When he was suspended after \"one of my friends kicked in the window of a store\"\u2014that's how he describes the Record Ranch burglary\u2014he lost not just the game that allowed him to control his impulses but also the opportunities for sexual gratification that the game provided. His relationship with his long-term girlfriend \"started to fall apart\" and \"at that time felt that it was because was no longer playing football and was unable to deal with that rejection. And somehow this developed into this like fantasy that could make somebody give me what want, okay? There are certain types of rapes, if you know a certain type of rape was what you would deem a control rapist would use the necessary force to make them have sex with me. If they resisted too much would run away. But what was after was each time had sex with a woman it was like a reaffirmation of who was of my self-worth think any sexual crime is first a fantasy but the fantasy ends in the way you want it to end,\" he says in another parole hearing. In Hodne's case, he fantasized \"that would capture this woman would have sex with her. And in having sex with them would either, the fantasy, ok, was would either please them so much that they would love me, that they would accept me, that they weren't being hurt by this, they weren't being terrified by this.\" In hearing after hearing, Hodne tells the parole board that he did what he did\u2014 that he became what he became\u2014because he wanted to feel the way he did when he played football. \"Football was who was. It was all my self-worth felt that it brought me friends and girlfriends,\" he says. It is impossible now to establish a direct causality behind Hodne's crimes. However, in State College, Pennsylvania, two things happened on Aug. 19, 1978: Karen was sexually assaulted at knifepoint in her apartment in the early morning hours, and that same afternoon, Joe Paterno told reporters after practice that Hodne's name had been deleted from the Nittany Lions' roster. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 67/110 had to get a ride home from St. Dominic. She was 11 years old and had missed the bus, so the mother of a friend drove her. She lived close by in a house with a long driveway, but her ride had to drop her off at the bottom. The driveway was full of police cars and people in uniforms and the solemn confusion of spinning lights. Her father ran down to meet her\u2014to meet her before she reached the house. He was crying. She had never seen Donald Pirkl cry. Her mother, Georgette, and her grandmother, Caroline O'Neill, were in the driveway next door. Kathleen thought her house had been robbed and worried about the stereo she had just received as a gift. \"Daddy, did they take my stereo?\" she asked. Her father told her to go inside and find some clothes. When she did, she saw blood all over the hallway and storm clouds of black fingerprint dust on the walls sliding closet door tilted crookedly off the rails. She went back outside and was allowed to see her mother and grandmother for a minute before she went to stay with a neighbor. Her mother was bloody and bruised and on a gurney. Her grandmother was wearing a robe not her own. Kathleen stayed the next two nights with her friend, and years would pass before she found out exactly what happened ... before she began to understand that although her mother and grandmother went to the hospital, her whole family would bear the scars. \"My parents were very hush-hush,\" Kathleen says. \"We weren't supposed to talk about it. We weren't supposed to even think about it.\" She would hear about it in school, through whispers and rumors\u2014what her mother had to do. Kathleen didn't understand. Her mother was prim and proper and very Catholic, a volunteer at the St. Dominic library. Kathleen had never even seen her wear jeans. But the kids at St. Dominic always knew more than she did. One day at school, a classmate told her, \"They got him.\" When she saw Todd Hodne's photo in the local newspaper, she recognized him. He used to drive by in his yellow car and wave to her. She waved back. From that day on, she felt that he might have attacked her mother and her Nana. But he had come for her. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 68/110 Todd Hodne played high school football at St. Dominic's in Oyster Bay, New York Of all the women Hodne confessed to raping or assaulting in the spring of 1979, at least five faced him in Nassau County Court that September, with one too traumatized to participate in the prosecution. Georgette Pirkl, as one of the five, made her daughter proud. She was a brave woman\u2014they both were, she and Nana. They saved one another. When Hodne was attacking Georgette, Caroline had to listen to it from the closet. She heard her daughter say, \"Please don't hurt my mother.\" She heard Hodne cut off her daughter's pants, girdle and underwear with scissors. She heard him demand that her daughter curse and masturbate for him. She heard him rape and sodomize her. Somehow Caroline freed herself from the telephone cord binding her hands in the closet and made a run for it. Hodne saw the shadow and said, \"Damn.\" He left Georgette and ran after the old woman. He tackled her on the brick sidewalk between the main house and the guest house where she lived\u2014a 240-pound former Penn State football player expending his full force on a 79-year-old woman. He crushed her. Georgette fled to the bathroom, where there was a tiny porthole window. She climbed up on the toilet seat and squeezed her naked body through it, cutting and bruising herself from shoulders to knees. When Hodne realized she had escaped, he ran, dropping the safe deposit 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 69/110 box he had stolen. He had chosen to attack the Pirkls on the day of his 20th birthday. Now the money flew all over the lawn. It was an assault on all of them. They wound up staying in the house in Oyster Bay Cove because Kathleen's father was a lawyer who had deep ties to the community and political ambitions. But Nana never physically recovered from Hodne's tackle. Kathleen's brother couldn't stand sleeping in the room where his mother had been raped, and Kathleen did everything she could to get kicked out of St. Dominic. And Georgette rarely left the house until at last she and Donald left the house for good and moved to Florida in 1997 have a picture of when she first got to Florida, and I've never seen her smile a smile like that,\" Kathleen says. \"She was just so happy to get the hell out of Oyster Bay. She said could not live my life don't think she ever enjoyed herself again until they got to Florida, and then they were like little kids. And then my father passed away within a year, and that was the end of her again had such a hard life with her couldn't help her.\" It was when Kathleen moved to Sarasota, Florida, to be with her mother that she finally began to understand what happened on April 23, 1979 watched her diminish because of what Todd did to her,\" Kathleen says. \"She was the type of woman, my father was her first and her only. She didn't even date think she went on one date prior to my father, and knew it wasn't a sexual thing back in the day with them. Todd took away a lot from her. And we had discussions where she felt like was with your father and only him, and then this happens.' That really hurts a Catholic woman her age in her upbringing. \"And she told me\u2014and she was very reluctant\u2014she said, 'He forced me to give him a blow job.' And could not believe that word came out of my mother's mouth because she's such a sweet lady. It was horrific to hear out of her mouth. And that's when she told me, 'If didn't do it, he was going to hurt you when you got home.' He threatened her with me. He told her that if she didn't do what he asked her to do, he would just wait for me to come home was right about the yellow car.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 70/110 could not believe that word came out of my mother\u2019s mouth PIRKL, on the moment her mother told her about Todd Hodne's attack. Georgette Pirkl died in 2007, when she was 81. Kathleen knew she had kept a book in her bottom dresser drawer\u2014\"an old school photo album that had everything in it\"\u2014but she had never dared to look through it \"out of respect\" for her mother. When she started preparing the house in Sarasota for sale, she found it, and a friend convinced her to read it. \"And that's when learned everything,\" Kathleen says. The book included court files and her mother's notes but also something that shocked her letter from Hodne's mother apologizing, saying she didn't know where she went wrong with her son remember reading it and sobbing do believe my mother responded back to her do believe she wrote her a long letter.\" 0:00/0:38 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 71/110 Kathleen does not have the book anymore. Her brother told her to burn it\u2014\"that it was time to put Mommy's grief to an end. That we shouldn't live it anymore, now that she was peaceful and with our father again.\" When she moved to her new home, she had a fire pit in the backyard ... \"and put it in there part of me wanted to grab it, but a part of me said, it's time. It was time to get rid of that book that ruined our lives. Burning it felt like voodoo after Todd Hodne went to prison\u2014three years in Pennsylvania for the rape of Betsy Sailor and four in New York for the serial crimes on Long Island \u2014Francis Quigley wrote a letter. He was the Nassau prosecutor who put Hodne away. He had heard with the arrival of the new year, 1986, that Hodne was under consideration for parole and so wrote to the senior parole officer of the Eastern New York Correctional Facility in Napanoch and said that \"the Nassau County District Attorney strongly opposes any release of inmate Todd S. Hodne am convinced that to release Todd Hodne will be to subject the community to a severe risk that Hodne will again victimize innocent women with rape, assault and the possibility of serious injury and death.\" Quigley wrote that while Hodne was out on bail and awaiting sentence for a burglary and rape charge in Pennsylvania, Hodne \"engaged in a series of exceptionally vicious rapes in Nassau County ... The victims all reported that Hodne was sadistic and based on my investigation into the case and my interviews Nassau County District Attorney Letter When Todd Hodne was up for parole in 1986, the Nassau County wrote to the parole officer warning that Hodne's behavior could turn deadly 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 72/110 with the victims believe that the victims were lucky to live through their ordeal. In fact, it was not through any restraint on Hodne's part but rather the cool- headedness of the victims that Hodne did not kill any of these women ... The foregoing demonstrates that Hodne is an extremely dangerous, potentially homicidal criminal, who presents the gravest threat to society.\" Four months later, on May 2, 1986, Hodne was released from prison after serving the minimum seven years of his 21-year sentence, by unanimous vote of the parole board\u2014or, as John B. Collins later put it, \"for some unfathomable reason, the New York State Parole Board saw fit to unleash this monster on the unknowing public after serving only the bare minimum of the sentence imposed by the Nassau County Court.\" According to the New York State Department of Corrections and Community Supervision, records from that parole hearing are \"no longer available due to how old they are. They have been destroyed.\" Hodne did not look like the college football player who went away. He had lost most of his hair. He wore a thin mustache, and the heaviness of his brow and jaw had become more pronounced. What had not changed was his body. He had worked out in prison, and if anything, he was bigger and stronger than when he left. He weighed about 250 pounds. The notes and logbook of his parole officer indicate he went to live with his parents in Wantagh and to work in the family home-improvement business. On a visit to a client's home, he met a woman, and they began dating. He was checking in with his parole officer each week and seeing a therapist about his drug use and sexual compulsions. In July, he was questioned about a rape that occurred on his block in Wantagh but was told he wasn't a suspect. He failed to inform his parole officer that he had been questioned by the police. He moved in with his girlfriend in Bethpage. On Feb. 24, 1987, he told his therapist that he had started smoking crack. He had begun to violate his parole requirements and by the start of summer, he had not seen his therapist in months, and his uncle had fired him from his job with the family business. As Collins later wrote, \"Hodne committed multiple violations of his conditions of parole while at liberty. He was, however, not punished or taken off the streets by those charged with his supervision and 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 73/110 control.\" In Wantagh, he showed up at his home with bruises on his face and his mother called the parole office to tell them that her son had been mugged in the parking lot of the local 7-Eleven by a gang of teenagers who told him he should go back to jail. He was evicted from his girlfriend's home in Bethpage after the landlord found out who he was. He lived in a hotel for a while and then checked himself in to a detox center in Hempstead. After a week, he returned to his parents' home in Wantagh and began smoking crack again. On Tuesday night, Aug. 11, 1987, he met his girlfriend at a Friday's in Huntington and then asked a friend to drop him off at the White Castle. There, he called a cab. The driver's name was Jeffrey Hirsch. He was young, in his early 30s, with reddish hair and a larky smile set in a long, deadpan face. Hirsch had been a successful salesman in Maryland and was about to start his own business when his mother contracted cancer and he came back home to Long Island to take care of her. He had a wife, Mary Beth, and four young children, ranging in age from six months to seven years. His father owned the cab. Hirsch was driving to make ends meet but also because he liked talking to people and hearing their stories. He answered the call at the White Castle, and Hodne gave him the address on a side street behind the Walt Whitman Mall. When Hirsch stopped on the dark street, Hodne threatened him with a knife. Hodne tried to rob him, but Hirsch struggled, and they fought, Hirsch in the front of the vehicle and Hodne in the back. Hirsch was tall and wiry, but Hodne overpowered him. Hodne dropped his knife and put Hirsch in a choke hold and broke the hyoid bone in his neck. Hodne opened the door and stepped outside with Hirsch slumped over in the front seat, his body facing one way and his head another. According to police reports, a man named Robert Gruber stood in front of Hodne on his lawn. He had seen the fight through the window of his home and stepped outside think might have killed him,\" Hodne said think you did,\" Gruber said. \"Call 911,\" Hodne said. \"He tried to rob me.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 74/110 Jeffrey Hirsch was the father to four children between the ages of six months and seven years when he was murdered in 1987 Gruber went inside and brought the receiver of his phone outside and handed it to Hodne, who told the dispatcher his name was Steven Hodne, the twin brother of Todd Hodne. As he said later in a parole board hearing, he didn't want the police to judge him unfairly because of Todd Hodne's notoriety. When he gave the phone back, Gruber tried to console him. \"Get away from me!\" Hodne snapped. For the 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 75/110 next 30 seconds, Hodne stood motionless, staring at the cab and at Hirsch. \"I'm sick of this s---,\" he finally said. Then he got in the cab and drove away. Hodne left the car\u2014with Hirsch still inside, along with his knife and the $37 in blood-soaked bills he tried to rob\u2014in the parking lot of the mall and then made a run for it. The police dispatched a K-9 unit as Hodne fled through the backyards of Huntington. As Collins wrote, \"This former athlete ran through, not over, through two stockade fences, trying to avoid the K-9 and human officers in hot pursuit of him.\" The dogs finally found him hiding under a bush. He was taken to the Suffolk County precinct house nearby and started concocting his story. Hirsch had picked him up in his cab and together they went looking for crack, Hodne said. They scored some, and when they smoked it, Hirsch made a pass at him. Hodne fought him off, but Hirsch threatened him with a knife. They grappled over it, which accounted for the blood. By this time, Hirsch was in the hospital, where the admitting physician diagnosed him as the victim of an overdose rather than a strangulation. When the police at the precinct received word from the hospital, they accepted Hodne's story, writing in a preliminary report: \"double overdose of two gays with one in the hospital and the other under arrest by uniform for unauthorized use of a taxi.\" They changed the charge to unauthorized use of a vehicle; then Hodne, on his own recognizance, went home to Wantagh 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 76/110 He had always been, as his former girlfriend said, persuasive. It was one of the things besides his strength that made him so dangerous. Now, by Thursday morning, he had been free for two days. Now, as Jeffrey Hirsch lay brain dead in a hospital, Hodne was in his own bed in Wantagh and his parole officer, Lenny Smith, came by for a visit. His mother told him Todd was sleeping and wouldn't let him in. He walked past her and went to Hodne's room. He pulled the blanket off Hodne's bed. His face was bruised and cut. Hodne had not shown up for therapy in months. He had been failing drug tests. He had been unemployed. But he told Smith something of the same story he told at the precinct. Smith said he wouldn't write him up for unauthorized use of a vehicle but reminded him that he had to report all contact with law enforcement. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 77/110 Smith was headed for the door when he saw one of Todd's brothers sitting in the living room. They looked at each other. The brother had already called Smith a number of times to report on Todd being in violation. Now Todd had been arrested and was free on what the brother calls \"a $25 station house bond.\" He knew Todd better than anyone; knew, he says, that \"Todd was out there by then. And just couldn't saw the writing on the wall, and didn't want any part of it don't want any part. You know, he destroyed our family once, and was like, 'I'll be damned if you do it again.'\" \"He's lying,\" Todd's brother told Smith 4 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 78/110 The victims of Todd Hodne who spoke to wanted to hear more from Penn State in their 60s now and each was heading to State College for a reunion of sorts\u2014a reunion with someone neither had ever met. Betsy Sailor lived in New Hampshire. Karen lived near Pittsburgh. But they were both driving to State College to meet each other and to find out what they could about the experience they held in common. They were very different women who had led very different 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 79/110 lives. But they both had to survive Todd Hodne. And, until this day, in the summer of 2021, they each had to do it alone. They met in a hotel that hadn't been built when they went to school, in a part of town that hadn't been developed. Karen arrived first, her hair blonde, her eyes wary and sharp, her manner deliberate and careful. The work she had taken on\u2014of remembering and processing what happened to her\u2014was visible, as if it all took place right under her skin. Betsy announced herself headfirst, peeking around the partially open door of the hotel conference room. She had kept her curls, the salt-and-pepper spirals that offset her scholarly eyeglasses. She wore a loose shift and sandals, and to hear her talk was to remember what she was doing before Hodne invaded her life: interviewing potential roommates. She'd had a long career in human resources and raised a strong-willed, independent daughter. She had just recently become a grandmother and evinced the cheerful equanimity of a person who had heard and seen it all. Indeed, when she was asked to account for her verve in the face of all she's had to endure, she said, \"When you have enough bad s--- happen to you, you get to check off the boxes. You don't have to be afraid anymore.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 80/110 Karen, left, who asked that her identity not be revealed, and Betsy Sailor met for the first time in 2021, though their stories intersected in the 1970s They were very different women, yes\u2014but they also were the products of very different experiences regarding their worst experience. Betsy had faced Hodne in court. She had won. The legal system had recognized her and what was done to her. If anyone had tried to dissuade her from pressing charges, she said would have told them, 'Yeah, you and the horse you came to town on.'\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 81/110 And yet the fate Betsy refused was precisely the fate Karen had had to face knew there were others that were raped,\" Betsy said. \"But was told that none of them were pressing charges. They weren't interested in pressing charges.\" Karen now told Betsy that she had cooperated with investigators for months should have been informed what legal ramifications were involved, what assistance the university could give me.\" \"It wasn't a situation where you didn't want to prosecute,\" Betsy said. \"But perhaps you didn't know what to do next didn't know where to turn,\" Karen said. Betsy and Karen had never known each other's names. They both had heard that were \"others,\" but they were never told who they were or how many there might have been. \"We should have been together all along,\" Betsy said. The next day, they met Duane Musser. He was retired at 74 years old but still very much a small-town cop. He had a shiny head under his ball cap and a white, horseshoe mustache and goatee. When he spoke, he took his time. He remembered Betsy Sailor and Susan and where they lived. He remembered that the case came down to three fingerprints lifted from Betsy's apartment and phone calls traced from Susan's phone. He remembered the \"arrogance\" of the Penn State lawyer, Bob Mitinger. He remembered that Joe Paterno told his players not to talk. But Musser did not remember the specifics of what he wrote in his police reports of the time. He did not remember going to Hamilton Hall and questioning Fred Ragucci about the five women Todd Hodne was suspected of assaulting. He did not remember questioning Hodne himself about other assaults that had taken place in State College. \"I'm beginning to think didn't do such a good job,\" Musser would say, especially when he was reminded of the outcome\u2014of what happened when one conviction wasn't enough to keep Hodne in jail. He greeted Betsy Sailor and Karen at the Waffle Shop just outside of State College. He recognized Betsy 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 82/110 immediately, and they embraced like old friends. Karen watched and waited, and when he said hello, she asked, \"Do you remember me?\" He answered, \"No, I'm sorry don't.\" She did not flinch, except in her eyes. But the awful disappointment provided a preview of what was to come. She and Betsy had both come to town to find their files. They went together to visit the county clerk at the courthouse in Bellefonte. They made requests to the investigators who worked for the district attorney. They visited campus and met with an official from student affairs. At each stop, Betsy came away with documents that both validated her memories and gave her information about what happened to her. At each stop, Karen not only came away with nothing, she was told that her files didn't exist was just forgotten,\" Karen said. Protests over reported rapes at Fiji House, a fraternity on Penn State's campus, spurred the creation of the rape crisis center in State College 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 83/110 NOV. 4, 1975, a Penn State student reported a rape at Fiji House\u2014one of the \"jock houses\" or \"football fraternities\" on the Penn State campus. The alleged crime was a gang rape that was reported to have taken place a few weeks earlier at a party the night before a football game, the victim drugged and unconscious. The incident generated public protests. Joe Paterno discouraged his players from any involvement in them. According to wide receiver Jimmy Cefalo, who later wrote a series of articles for The New York Times detailing his experiences playing a big- time college sport, \"Coach Paterno called the seven Fijis on the football team into his office on the afternoon of the protest and told us to stay away from the house during the demonstration.\" The protests wound up on the front page of the Philadelphia Inquirer's metro section and catalyzed investigations by the State College police, Penn State's student affairs department and its interfraternity council. The police ultimately determined the evidence insufficient to bring charges, and the university ended up suspending one male student for three terms and putting another on three-term probation. \"The interfraternity council decided that they wanted to [impose sanctions] because there was some press that was going on,\" says Greg Hanks, the president of Fiji House at the time. \"Nothing happened,\" says Shelley Gottsagen, one of the organizers of the protests. \"Nothing happened at all. There were no repercussions.\" But the end of the Fiji House investigations marked the beginning of the movement toward a rape crisis center in State College. Rape kits were an innovation not yet widely in use at the time, and the term rape culture was just being coined in feminist academia. It was an historical moment in terms of rape awareness, in which advocates and institutions were often at cross-purposes. \"It was generally our policy not to make [rapes] well known,\" remembers Lee Upcraft, the assistant vice president for student affairs at Penn State. \"If recall, we would make sure that the people that lived around her and in her building knew that it happened and knew that we caught him. But we tried to keep it out of the paper when we could, because once it got in the paper, then the woman's privacy was gone. Nothing you could do to protect her.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 84/110 \u201cThe university didn\u2019t want to know anything about [the extent of sexual assault]. Nope, nope, nope, nope, nope The impulse to keep women safe from shame contributed to a culture of silence that left them feeling unheard and unsafe just felt we were ignored,\" Gottsagen says. \"It was even hard for us to make appointments or get time [with university officials]. Nobody wanted to hear what we had to say.\" Gretchen Fincke, from the State College rape crisis center, remembers: \"The university didn't want to know anything about [the extent of sexual assault]. Nope, nope, nope, nope, nope.\" There was a discrepancy between how institutions and advocates at Penn State talked about rapes and sexual assaults and in how they counted them at the time former Penn State student who gave campus orientations remembers being discouraged from telling parents of incoming freshmen how many rapes were happening in State College. Ed Nolder, an officer with the Penn State University Police at the time, says, \"Rape was not a big thing then don't think heard of eight rapes in my entire eight years with the police force.\" The FBI's Uniform Crime Reporting program counted a total of 12 rapes and sexual assaults at Penn State University and the borough of State College in all of 1978. The student newspaper ran an editorial that year counting 35 rapes and sexual assaults in and around Penn State as of September. Besides Hodne, there weren't just other rapes at Penn State, there were other rapists. One was a student who dressed up either as a female or as a police officer and fondled and battered women at gunpoint. Another was a 21-year-old man who snuck into dormitories and assaulted women as they were taking showers or sleeping in their beds. \"Happy Valley has a rape problem,\" the Daily Collegian declared in April 1979 in a three-part series on rape at Penn State. The series was published a little more than a month after Hodne's conviction but never mentioned Hodne. The reporter who wrote it admits now that she had never heard of him. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 85/110 Lizette Olsen, who worked at the rape crisis center at the time, remembers the university broadly supporting rape prevention and awareness efforts but that \"they were low-hanging fruit.\" It was different when dealing with specific cases, she says. \"When there were instances of sexual violence where the perpetrator was someone of value, i.e., the football team, things did not go so well can't actually say to you that that was an institutional response as much as it was the response of individuals in leadership who were trying to assist the football team or the athletic department and Penn State told the story of 1978 and 1979, it went like this: in 1978, he lost his chance at the national championship through a failure of nerve, and then in 1979, he lost control of the team. There was the team captain who refused to finish a lap; the star cornerback who, along with two others, was ruled academically ineligible; the running back caught driving drunk; the linebacker arrested for fighting and the lineman busted for drinking on campus; and, finally, at the Liberty Bowl, the substitute tight end who showed up in a suburban bedroom in the middle of the night and was lucky he didn't get shot. These incidents were widely covered in newspapers and magazines, first one at a time and then in an onslaught. \"Suddenly, it seemed like we were a bunch of felons down here,\" Penn State Sports Information director Dave Baker said in 1980. What ensued was a period of self-doubt unprecedented in Paterno's career\u2014a simultaneous fall from grace and loss of faith that caused him not only to question his purpose but to consider quitting. In articles in the Washington Post, the Philadelphia Daily News and particularly Sports Illustrated, he did a kind of public penance, admitting in that \"the Great Experiment\"\u2014as he called his own program\u2014\"is suddenly in disrepute\" and wondering aloud if the violence he encouraged on the field had followed his players off of it: \"We're dealing with aggressive kids; we encourage this aggressiveness and then we get mad when we can't saddle them. Maybe the fault is with us.\" What he didn't do in any of the articles was mention Todd Hodne by name or acknowledge his crimes. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 86/110 It had never been easy for Joe Paterno to talk about sex, his son Jay writes in his book \"Paterno Legacy.\" He was squeamish about it in the best of circumstances and doubly so in the worst, for he clearly viewed sexual violence in terms of sex rather than of violence, his usual righteousness giving way to awkward befuddlement. \"The most awkward,\" Jay Paterno writes, \"was a sexual assault allegation involving a female student and two of our players that was later dropped. Our two players had engaged in sex with her at the same time.\" \"When it came up in a staff meeting, Joe read the report and a puzzled look came across his face. He paused, leaned back in his chair, and thought for a minute. 'So about this incident ... ' Joe said in a confused tone. 'It says she had sex with two of them ... at the same time? How is that even possible?'\" It was a paradox that turned out to be a tragic flaw. He insisted on innocence as well as power. He portrayed himself as naive as well as all-knowing. He saw everything\u2014as Fred Ragucci said, \"He would throw a fit if you didn't wear socks\"\u2014 except what he didn't understand. In 2002, Penn State expelled defensive back Anwar Phillips for two semesters after investigating him for sexual assault, but Paterno insisted on playing him in the Capital One Bowl on New Year's Day, later speaking about his decision with something like resignation: \"... if down the line, out of 125 kids, once in a while something happens that none of us are glad about, it happens. If could change that, I'd change it. But I'm not gonna be able to change it.\" Four years later, as Penn State prepared to play Florida State in the Orange Bowl, Paterno was asked at a news conference about an opposing player accused of sexual assault, and he answered in a way that caused the local chapter of the National Organization for Women to call at the time for his resignation: \"There's so many people gravitating to these kids, he may not have even known what he was getting into ... They knock on the door, somebody may knock on the door, a cute girl knocks on the door, what do you do? ... Thank god they don't knock on my door because I'd refer them to a couple of other rooms.\" What else did Joe Paterno think, about Todd Hodne, about sexual misconduct? We reached out to his children to find out. His daughter Mary initially said she needed some time to think and then didn't respond when we followed up. His son Jay 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 87/110 asked about what documents we had but did not agree to an on-the-record conversation for this story. His daughter Diana said she didn't recall a player named Hodne and cut the call short saying, \"This sounds to me like another chance to blame my dad for something he had nothing to do with.\" And his son Scott answered an email by explaining was six have no idea what you are talking about. But based on what you tell me, the guy was arrested and convicted\u2014 seems like that story has been written for about two generations in the story of Todd Hodne are inexplicable: the mind of Todd Hodne and the decision by Richard Sharp to let him go. The behavior of Joe Paterno and his involvement in the case are straightforward by comparison. He was involved in the case, early and late. But then by temperament, Paterno was always involved. He was the man behind the desk. As a matter of policy, he let the justice system do its job, Lee Upcraft, assistant vice president for student affairs, says: \"Whenever football players were involved in sexual assaults, Joe Paterno was wonderful. He and talked, and he said, 'If there's a football player involved want to know about it.' He said, 'But don't want him treated any differently than any other student,' and that was the agreement we had in those years never had any pressure whatsoever from Joe or from any of his staff to do anything different to a football player that had gotten in trouble. It just wasn't who he was.\" In the Hodne case, the justice system failed. Of course, Joe Paterno could not have foreseen that Todd Hodne would go back to Long Island nor what he would do when he got there. And as Paterno saw it, his job was not to control the justice system but to control the narrative. \"Whenever a player got in trouble, he didn't want anybody to know about it,\" Upcraft says. \"It was bad for him and bad for the program if a player got in trouble and it became public that the player was in trouble think one of the things he always hoped was that nothing would come out. I'd do my thing, and he'd do his thing, and nobody would know about it. That was the best outcome as far as he was concerned.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 88/110 \"It's a matter of image,\" Robert Scannell, the phys ed dean who worked closely with Paterno, told the Washington Post in 1979. \"Because of the exposure we've had the last few years, a lot of people have come to think that Penn State football players never lose games and always make straight As. We love that image. But it creates added pressure. What used to be a local story is now a national story.\" And what might be a national story also stays local: multiple cases become a single case, a single case becomes a one-time incident, a one-time incident becomes an anomaly. Todd Hodne is seen as dismissed, inconsequential, sent home. As Paterno put it in the 1980 Sports Illustrated profile, published one year and 14 days after Hodne was convicted in Centre County Court for the rape of Betsy Sailor, \"We have never covered up things around here. We just didn't have problems after we called her for the first time, Karen had another memory about State College. It was about something that happened after she was attacked. She was driving in her car at night. Another car began following her, close, with two men up front. The car and its aggressive pursuit scared her so much that she drove to State College Police headquarters and parked out front. She pressed on her horn until the car went away. She wrote about the memory in an email. The car, she wrote, was not like the family sedan she drove. It was \"a guy car, sporty but 1970s big,\" and she sent us a photo that corresponded to what she remembered\u2014a photo of a 1971 fastback Pontiac GTO, light green. Hodne drove a fastback Ford Torino of roughly the same vintage, light yellow mean, [Todd Hodne] is gone now, but it doesn\u2019t feel like it\u2019s finished don\u2019t think it\u2019ll ever be over 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 89/110 was reflecting on the story you are writing, keeping still and thinking of sights, smells and sounds associated with memories of that night,\" she wrote was wearing 'White Linen' perfume that summer used Clinique moisturizer, Palmolive soap. My car smelled like gasoline, old leaves and coffee.\" Once, Karen had pushed her memories aside. Now, she is learning to live with them try to find some little thread that could make a difference mean, he [Hodne] is gone now, but it doesn't feel like it's finished,\" she says don't think it'll ever be over RAPE, Abuse & Incest National Network advises using the term victim when referring to a person recently affected by sexual violence, or when speaking of a specific crime or criminal justice proceeding. It is an ancient word that has never lost its elemental and disturbing power, a word that says violence has been done and violence endures. The term survivor is often used to describe someone living with the long-term effects of sexual violence, someone experiencing the impact of violence over time. It is a word that encompasses who the women we interviewed were at the moment when Hodne's assault threatened to annihilate them, as well as who they became, who they had to become, over the course of their lifetimes. This is not to say that all his victims have survived. Three of them are gone, and those who have survived them\u2014their family members and friends\u2014believe that Hodne hastened their end. Anne Wright was attacked in Wantagh on Long Island on the early morning of April 21, 1979, bludgeoned from behind with a heavy object and raped in the woods. She was staying with friends, one of whom, Edie Howell, still remembers the sight of Anne coming back from the hospital was sitting on the porch when they dropped her off. She got out of the car, and her entire head was wrapped. They had her in a wheelchair, and she couldn't walk. It was a hole. It was a big indentation in her head don't know if that ever went away. Believe me, it was bad. There was a very large amount of stitches.\" For the rest of her life, Anne Wright had to endure the debilitating pain of spinal stenosis. In 2011, she died of an accidental overdose of morphine. She was 55 years old. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 90/110 Denise O'Brien was already struggling when Hodne grabbed her while she was trying to use a pay phone in Roslyn on May 22, 1979. She was 22 years old, without a job and estranged from part of her family. Of the six women Hodne attacked on Long Island, she was the only one who didn't participate in his prosecution; she was too traumatized. Her family not only never really knew what happened to her that night, they couldn't quite bring themselves to believe what she told them about it, especially as Denise kept on her difficult and erratic course, swallowed up by substance abuse. She died of lung cancer at 36 in 1993, and it is only now\u2014now that they are learning what happened to her\u2014that they can see in retrospect the point in time when the dark forces that seemed out to get her grabbed her for good: 1979. \"Obviously, this person destroyed a lot of lives,\" her brother Jeff says of Hodne. Georgette Pirkl made it into her 80s after surviving Hodne's sustained brutalities on April 23, 1979, in Oyster Bay Cove\u2014after surviving being raped and sodomized in the presence of her mother Caroline O'Neill and then watching the lingering aftermath of Hodne flattening Caroline against the sidewalk. No, he didn't kill them, Georgette's daughter Kathleen says, but he took their lives anyway, their remaining years. Both Georgette Pirkl and her mother died at 81, Caroline two years after the attack. Kathleen was lucky to be at school when Hodne invaded their home, but the more she learns about what her mother and grandmother survived, the more she understands the generational obligation survivorship entails. Though Kathleen burned the album Georgette kept about the attack, she battled the Nassau County bureaucracy for months to obtain the case file. \"When read it in black and white,\" Kathleen says, \"it explains a lot of things in my life, a lot of reasons wasn't allowed to do certain things that wanted to do, that other kids could do. And now forgive them forgive my parents because used to think that they were horrible. And now, as an adult her age understand that] being raped by a young kid, it's humiliating. And what he said about my father [as he attacked Georgette], humiliating. And now understand why they were the way they were in raising children mean, he was brutal on what he did.\" Despite his best efforts, Todd Hodne did not destroy all of them. Just as they fought for their lives then, they fight for their lives now. They not only can't forget 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 91/110 him, they don't want to, because that means some part of themselves would be forgotten. The 21-year-old secretary who was ambushed in the parking lot of a bustling shopping mall in Garden City is 64 now; she doesn't want to talk about what she went through nor does she want her name used. But she wants her story told, so she has given her husband the task of telling it. He was her boyfriend in 1979, so he has lived with it too, and he remembers the aftermath of May 12, 1979, through the lens of nearly lifelong family attachment. It was her parents' wedding anniversary, he says. She had gone to Roosevelt Field to shop for a Mother's Day gift. For many years, she couldn't shop in stores because of the memories associated with that experience, and even now, her parents' anniversary is a bittersweet milestone can tell you, it has had an effect on her through her life,\" her husband says lot of times we forget about it and life is normal. But there have been years where I've said, 'What's the matter?' And she'll say, 'It's my parents' anniversary.'\" Surviving a predator like Hodne requires strength, of course\u2014strength, resourcefulness, a clear-headed decision to live no matter what. In the case of the 16-year-old girl whose fight against Hodne in the kitchen of her parents' home in Baldwin led to his Long Island capture, the strength seems frankly superhuman. On May 31, 1979, she was still a child. But she made Hodne run, and the people who knew her story were, she says, in awe of her. It has been part of her life all her life, the memory of her strength also proof of her strength. She became an artist, and she has had to live in rough neighborhoods, but as a survivor, she always had the confidence she would survive. \"It may have been that just trusted myself to get out of a bind,\" she says. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 92/110 Todd Hodne was arrested for the murder of Jeffrey Hirsch in 1987. He spent the rest of his life in prison The inevitable distinctions between survivors make it difficult to write about survival. The hard work of living with what has happened encourages the sharing of individual stories and ends up underscoring the fact that not all stories are alike, as Barbara Johnson, now 63-year-old Barbara Kuffner, understood even at age 20. On April 30, 1979, she went out running in her Bethpage neighborhood; when she ran past the local middle school, she felt Hodne running behind her, and then felt his knife. She does not in any way minimize the extreme brutality of the attack; when it was over, she felt certain that he would kill her, and she saw \"the white lights.\" But she didn't die, and when Hodne left in the \"sweater with the Mexican design\" he would later throw in a dumpster, she went home with bruises on her face and rope burns on her wrists ran home barefoot,\" she says, \"holding my sweatpants up because didn't even take the time to do the string.\" She had told Hodne the truth when she told him her father was a cop. He was retired NYPD, 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 93/110 and once she got home, he took her back to the scene of the crime in order to find evidence and get the story straight. \"He said, 'You have to do this.' And I'm like, 'Fine.'\" After Hodne was caught a month later, Barbara went to the jailhouse to pick him out of a lineup and then to court to testify against him. And it was there she saw the other women; it was there she realized the differences between them. \"They looked awful,\" Barbara says. \"You could see they were just shattered by it. And it taught me a lot about myself, honestly, that looked at these women who had been raped by the same man many months before and they were still suffering saw all of them. They all looked ruined. And it made me realize my strength in myself.\" She got over the attack, she says, \"the day after it happened was over it was not going to let it bog me down. But you never forget it. You never forget it for the rest of your life. You just don't. It comes up. It comes up in conversations. It comes up in parenting.\" And decades later, it also came up in sex with her former partner said to him, 'I've been raped.' And it's crazy. Because it was, what, 42 years ago? And said, 'You need to be gentle with me.' And he said, 'I've heard the story.' And said, 'But you need to still be gentle with me.'\" There is no prescription for surviving the trauma of sexual assault. The women who speak here offer their stories rather than their advice; they testify as individuals rather than as representatives of any sort of category or class. There is, however, a prescription for how the survivors of sexual assault should\u2014and should not\u2014be treated. The only universal response to trauma is grief for what came before. The women Hodne attacked on Long Island each responded to the experience in different ways, but they were allowed to grieve in court for themselves and each other. It was not that way in State College, where only one of the women whom Hodne was suspected of attacking went to court, and where the rest had to grieve privately for, among other things, their loss of faith in the place they were supposed to love the rest of their lives. They had to grieve for their loss of happiness in Happy Valley during a season of frenzied celebration for a team and a coach pursuing the national championship. The team that provided the magic also had provided Todd Hodne support, moral and otherwise; the coach who provided leadership had provided him his scholarship. Joe Paterno took pride in his role as moral exemplar and had led millions of Pennsylvanians and then tens 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 94/110 of millions of Americans to believe he had something to say about everything. He was very nearly silent about Todd Hodne. Adrienne Reissman believes that Hodne was the man who attacked her in the parking lot outside the Train Station in downtown State College: \"He did a f---ing number on me, and I'm a brave soul.\" But she also believed back then in Joe Paterno, and she expected something of him: \"The decency and humanity to acknowledge the pain that the women [Hodne] hurt suffer. That's what expected. That's what expected from Joe Paterno. But nothing. Nothing. They washed it under the rug. 'Oh, my God\u2014it's one of Joe Paterno's football players? Oh, please God\u2014no.' They kept that quiet. They kept it quiet.\" Paterno is gone now, deceased and disgraced. But Adrienne is reminded of him every time she receives a fundraising letter from her alma mater, which she throws away unopened. She knows Paterno kicked Hodne off the team. In her mind, that was not enough. \"You only partly did the right thing,\" she says, addressing Paterno 43 years later. \"The humanity is the other part. Really: Who the f\u2014- are you? God? That you can't acknowledge that someone that you brought to this campus hurt five women that know of? And you don't have the decency to at least write a note? Because this man who was hurting women all over campus went to school for nothing, nothing. He had everything. And you sought him out, Mr. Paterno. You brought that rapist on to this campus, and you gave him money to come. Excuse my language. F--- you, Joe Paterno\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 95/110 Betsy Sailor and Irv Pankey reunited for the first time in four decades in 2021 was once the biggest man Betsy Sailor had ever seen. Now he is just too big for his rental car, especially after four hours behind the wheel. He has come a long way for this, flying across the country and then driving across the state of Pennsylvania. He climbs out of the car one long limb at a time. He moves with the unmistakable gait of a man who played football for a living, a 63-year-old man in a Hawaiian shirt and a ball cap who doesn't hurry, even in the rain. He knocks on the door. She is not surprised this time, and when the door opens, she embraces him, then clings to him, as if steadying herself after losing her footing. He has the same big cheeks, with the small, winsome smile squeezed between them. \"What up, dear child?\" he asks. \"Where's my cookies?\" They have not seen each other since a chance meeting outside Beaver Stadium a year or two after they graduated. But they've been in touch lately, more than four 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 96/110 decades after they each did something remarkable. \"When think back on him doing what he did, I'm amazed that he even thought strongly about it. And that he took that risk,\" Betsy says. \"Here's a [future] captain of the football team, in a championship year, looking at the draft; well, a lot was on the line for Irv. To have him going against the powerhouse of Penn State football and what his leader, Joe Paterno, was telling him was absolutely amazing.\" Irv did not feel that Paterno had prohibited him from standing up for Betsy, but he did know he was taking a risk by breaking ranks: \"Penn State football\u2014we were winning, we were nationally ranked, we were doing well. It was a close-knit brotherhood, so to speak, kind of like an army platoon.\" Few of his coaches or teammates remember what Irv did for Betsy, but to a man they say it sounds like something Irv would do. \"Irv probably said, 'This is a bigger statement than just playing football here at Penn State,'\" says former defensive back Micky Urquhart. And now here they are, reunited in 2021 over something that happened in 1978, Irv eating snickerdoodle cookies in the kitchen of a State College rental and Betsy immediately angled against his shoulder had 43 years' knowledge of this person and his impact on my life,\" she will say a few weeks later. \"And was never able to really express that fully and say a long overdue thank you. But then there's that magic that happened. As soon as saw him, it was the most heart-to-heart transfer of appreciation and love that went right through me, and then from him back to me. And just that smile and my smile and the eye contact. It was magical. It was a deep connection that was guess, ever-present but never realized. It was always there, but couldn't, didn't, seek it out didn't make it happen. So it was the & IRV\" More on Betsy Sailor's story of survival and the unexpected hero who helped her as she confronted a predator, an institution and the justice system in the Film streaming now on ESPN+. Watch here. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 97/110 magic of the moment and just seeing him and being able to hug him. Which don't recall doing much of when we first met. But now could hug him and look at him and hug him again question often arises about the revelations in this story, a retrospective question about the responsibility and culpability of the coaches, players and university officials, as well as of the cops, lawyers and judges, who found out about Todd Hodne in real time, without the benefit of hindsight: What would you have had them do? The story of Todd Hodne is so full of pain that to recount it is also to hope that someone steps in and stops him. There are people who perhaps have the chance to and don't; there are people\u2014Dave Smith and his father, Don, at St. Dom's; Francis Quigley in Nassau County; David Grine and Duane Musser in State College\u2014who try to. These are good people doing their jobs to the best of their abilities. But Hodne was an unstoppable force and a rare evil. He forced some people to find a place in themselves that went beyond themselves. The women, whose death- defying feats of courage, strength and resolve in the face of their attacker seem unimaginable, had to go beyond themselves. So did Robert Gruber, who came out of his house in Huntington when Hodne was strangling Jeffrey Hirsch and offered testimony that enabled John B. Collins in Suffolk County to put Hodne away for life. And so did Irv Pankey, whose heroism was such that it allows a glimpse of what might be possible in the face of evil. He did not stop Hodne. Nor did he take the stand and testify against him. But he did something no one else was able to do. He saw himself in another and he took up her pain as his own. He imagined what it must have been like for her and led her back into the world. And so he became . . . he becomes what everyone in this story needs, and what only Betsy Sailor actually gets, embracing him now in the kitchen\u2014\"my guardian angel HIRSCH, a cabdriver and father of four, died on Aug. 16, 1987. He had been on life support for five days. He was brain dead. His wife, Mary Beth, was at his side. And 31 years after lying in court about strangling him, and then arguing in 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 98/110 appeals for more than a decade that he did it in self-defense, Hodne told the parole board he was sorry ended his life,\" Hodne said. \"It's unforgivable; it's inexcusable. And then tried to blame it on him at the trial, tried to make myself the victim. I'm sorry.\" Hodne's daughter was born when he was in jail awaiting trial, and he married her mother when the trial began. His daughter had made him feel more empathetic, he said: \"I've never been out there for her . . . and maybe the first family visit she had she was asking me when was coming home. She wanted me home, and she started crying. And that night could only think about, 'This is what I've done to [Hirsch's] children believe it helped me understand a little bit better the damage that caused.\" Kristen Hirsch has never really had a father. She was a baby when Hodne killed her father; her oldest sister was 7, her youngest sister was six months old. Sobbing, she wants people to know: \"To grow up without a Dad really sucks. The love from your father is the first true love you know, and don't have that. I've never had that, and probably never will.\" Her mother, Mary Beth Hirsch, who died in January, 2022, didn't talk much about the murder: \"She had a real bad time after my Dad died.\" But she kept a briefcase with all the clippings from the trial. It was not something the children were supposed to open. But they did was about 8 years old, and remember getting into it. And remember reading that Todd knew my Dad and my Dad was selling drugs and didn't know what to make of it knew from a really young age that my father was killed but not the specifics few years ago, Kristen says, she was contacted by the parole board. \"They got hold of me and asked about him being let out on parole said really didn't know \u2014all knew was the same story had heard, that [Hodne] was addicted to drugs and was robbing my father for money. As someone who has dealt with drug addiction felt that maybe he should get another chance, you know? But didn't know the things I'm finding out now.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 99/110 She didn't know who Todd Hodne was; she didn't know how strong he was, how persuasive and how violent. She didn't know what he had done before he killed her father. She didn't know he lied to the police about what happened. She didn't know her father was no drug dealer but simply a man caught in the wrong place at the wrong time. Kristen Hirsch is close in age to Hodne's daughter. They have had very different lives, in that Hodne's daughter, for all she had to endure in her life, had what Kristen didn't. She had a father, and he was a constant and sustaining presence in her life. She has stories to tell of him and of growing up as a little girl in the prison yard. She spoke to him nightly by phone. She believes he got off drugs for her, and she believes his remorse over his crimes was genuine and agonizing. When he got cancer, she became his medical advocate. When he was dying on a ventilator, in the early weeks of the COVID-19 lockdown, she was able to see him for the first time in her life in a room without guards, who waited outside and told her when her five minutes were up. She had to wear gear, \"basically a hazmat suit,\" she says. But she touched his wrist, and had the chance to say goodbye. And yet the two daughters also have something in common. Kristen did not know about the crimes of the man who killed her father until she was contacted for this story. And Hodne's daughter did not know about them, either; she had been told by her family that her father had killed a drug dealer in a drug deal gone wrong. She did not know what her father had done until after he died, when the prison handed her the few bags containing his belongings and personal effects. In them were his legal papers. In them were many of his crimes. Hodne's wife now lives in a nursing home, according to his daughter. We succeeded in reaching her once and never again. His daughter has spoken to us a number of times over the past year and a half; last summer, she asked us to tell her the worst Todd Hodne did and listened to the excruciating entirety of our answer. She asked not to be quoted on the subject of her father. Instead, she wrote a statement addressed directly to his victims: \"There is nothing easy about this for any party involved. I'm sorry you haven't been able to tell your stories; I'm thankful you can now only recently learned the 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 100/110 extent of my father's crimes in July of 2021. Having a daughter changed my father in more ways than can express, but that doesn't change what he did before my birth. His crimes haunted him till the day he died. It's not easy to come to terms with what he did know there is nothing can say to undo the damage and trauma you and your families have endured hope this gives you some peace and closure after all you have gone through give my deepest condolences to you all and your families\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 101/110 Jerry Sandusky, an assistant coach for Joe Paterno, would be found guilty in 2012 of sexually abusing 10 boys 1989, Joe Paterno wrote an autobiography titled \"Paterno By the Book.\" Chapter 20, \"If a Coach Wants Love, He Also Gets Losing,\" addresses his loss to Alabama and what he calls \"the terrible season\" of 1979. \"In the summer preceding the 1979 season, the team was shocked by the kind of incident that's not supposed to happen in Penn State athletics,\" he wrote. \"One of our young players was arrested on multiple charges of rape. Then, on opening day 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 102/110 of fall practice had to bounce three players off the squad for losing their playing eligibility for academic reasons. One of these was all-American Peter Harris, who led the nation in 1978 with ten interceptions. That was not only a loss in itself, but fans felt the pain of it even harder because he was the kid brother of Franco Harris, who had graduated six years earlier. People came down on me as though had committed disrespect to Franco's memory. When people demanded explain did so bluntly. Pete goofed off. When that's so said don't care whose brother he is.\" The passage is the only on-the-record statement Joe Paterno ever made about Todd Hodne's string of sexual assaults. It does not name Hodne. It does not say he was convicted or sentenced. It does not say Hodne's crimes began during the 1978 season, when the team was contending for the national championship. It does not mention the women he attacked who were students at Penn State or the pain they suffered. And it does not refer to the crimes Hodne went on to commit in Long Island. In November 2011, 22 years after publishing \"Paterno By the Book,\" Joe Paterno announced his intention to retire in the wake of revelations of sexual abuse committed by his former assistant coach and close associate Jerry Sandusky, who remained close to the program. Days earlier, Sandusky had been accused of sexually abusing young boys for more than a decade. In his statement, Paterno reflected on his own responsibility and inaction: \"This is a tragedy. It is one of the great sorrows of my life. With the benefit of hindsight wish had done more few hours later, Penn State fired him lived near Pittsburgh when Hodne raped her daughter, Betsy, and she was accustomed to regular front-page stories about Penn State football and even, occasionally, the off-the-field peccadilloes of its players. She does not remember any featured coverage of Hodne's crimes against Betsy or of Betsy's act of witness. But more troubling to her, she says, was the complete silence from Penn State was just under the impression that they were keeping it quiet suppressed the urge of going to the university myself. The university never, ever 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 103/110 got in touch with us about this. As parents, we never heard a word from the university or from the athletic department or from Joe Paterno. Never one word. \u201cBut thought, why didn\u2019t he ever pick up the phone and call parents? If nothing else, as a parent himself \"Everybody would talk about how wonderful Joe Paterno was,\" Ann says. \"But thought, why didn't he ever pick up the phone and call parents? If nothing else, as a parent himself. That his football player had done this to our daughter can't imagine what Betsy's days and nights were like after that because wasn't there wasn't with her. And yet Joe Paterno went to sleep every night and don't think he gave a damn about what her nights and days were, nor anyone at the university we spoke to wanted to hear more from the university. We contacted current Penn State president Eric Barron, requesting access to Hodne's student file and asking for a meeting to discuss Hodne's crimes and their impact on the lives of his fellow Penn State students, the university's alumna. Barron never responded directly. Two university spokespeople met with us in person and arranged a meeting with the current assistant vice president for student affairs to discuss present-day Title strategies. Ultimately, one of the spokespeople released the following statement: \"First, Todd Hodne committed horrific crimes, and we have the greatest sympathies for each of those he victimized. We recognize their lifelong struggle to cope with the pain Hodne inflicted through his crimes, and we hope they can find some solace in the fact that Hodne was caught, convicted, and spent the rest of his life in prison for what he did.\" The statement continued: 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 104/110 \"Regarding your request for Hodne's file. While [student privacy] rights extinguish upon a student's death, in the interest of safeguarding students' legitimate privacy interests in their education records, the University's longstanding practice is to not release the education records of any deceased student unless required by law a long time ago, and the time when it happened was different from today. Today, 43 years after Hodne was convicted of his rapes and sexual assaults, there are laws on the books and policies in place that help prevent such crimes from taking place. There are provisions under federal Title gender equity laws that require schools to investigate such reports and provide support, counseling and protection to students who have been the victim of sexual violence. There is a requirement for campus law enforcement to issue timely warnings, which students receive on their cell phones when a suspected predator is on the loose. And yet the story of Todd Hodne is not simply a reminder of how much has changed since 1978. It's a reminder of how slowly change has come. It's a reminder that change didn't come until it had to. It's a reminder that, in the matter of athletic departments and sexual violence, change came because the worst that could possibly happen so often did. It's a reminder that incremental progress has occurred at the cost of indelible pain and that every law protecting students today exists because of the absence of such laws a few decades ago\u2014an absence that gave rise to the notorious stories and impossible outrages that led to institutions and athletic departments finally being called into account. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 105/110 \u201cThere isn\u2019t any reason why you can\u2019t have great football with people who are very sensitive, humane individuals PATERNO, on the temperament of football players in an interview with News in 1978. The story of Todd Hodne should have been one of those stories\u2014one that prompted change or at the very least one for which people were held accountable. It should have been a story that elicited outrage, but it wasn't, because the story of the Penn State football player who preyed pitilessly on women even as his team and his coach were competing for the national championship was never told. Like Betsy Sailor, who even after she won in court had to find out that the man who victimized her went on to victimize so many others, the women who suffered at Todd Hodne's hands had to suffer in vain, their pain a missed opportunity cloaked in a secrecy and silence that reverberated decades later. Ten years ago, when the revelations of the secrets kept by Penn State's athletic department resulted in the conviction of Jerry Sandusky on 45 counts of child sexual abuse involving 10 boys and caused the statue of Paterno at Beaver Stadium 0:00 / 0:20 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 106/110 to come down, Shelley Gottsagen, who in 1975 had participated in the protests against gang rapes at \"the football fraternity,\" read the coverage expecting a reckoning that never happened: \"It stunned me really thought just made that comment so many times when Sandusky's trial was happening can't believe nobody's dug up what happened in the '70s there. The protests and the rapes\u2014it's gone from history. It stunned me really thought, 'Why are they not looking?'\" When Karen Zelin, who was working alongside Gottsagen in the 1970s, heard about Sandusky, it almost made sense to her: \"This is what was happening then. This was common knowledge among us that things were covered up or ignored.\" Those incidents with women were the prelude of what was to come, says Joanne Tosti-Vasey, the chapter president who called for Paterno to resign in 2006: \"That climate of indifference allowed it [Sandusky's crimes] to happen. It took child sexual assault for the public to become outraged.\" At the time of the Sandusky revelations\u2014at the time a 2012 report determined that Paterno failed to respond appropriately when made aware of the accusations against his assistant coach\u2014the general public's understanding was that this was the first time this program had been faced with the prospect of a serial sexual predator in its midst. The belief was that the coaching staff and the administration at Penn State had been caught unawares, that something had happened that they never could have imagined or prepared for. But that was not the case. Before Jerry Sandusky, there was Todd Hodne. Before the serial sexual predator who ended Paterno's career, there was the serial sexual predator who left his career untouched remember being in a group for dinner and people were discussing this,\" Ann Sailor says. \"Here, [where she lives in Pennsylvania], it's very pro Penn State. You know, there are an awful lot of Penn State graduates. And piped up and said, 'There were incidents that happened at Penn State where they kept it under the rug, and it was not talked about.' They just looked at me know for sure. It was just to be kept quiet. And it was kept quiet.'\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 107/110 Cliff \"Clyde\" Corbin, who played for Joe Paterno, and who knew Karen and what happened to her, remembers debating with his Nittany Lion teammates Paterno's response\u2014or lack of response\u2014to Sandusky's crimes. \"When the whole thing happened, people were reacting like, 'he couldn't have known,'\" he says was like, 'Come on - stop love the man. But the buck stopped with him for 50 years. The president of the university was the president in name only when it came to football. The man handled everything of Todd Hodne wouldn't have been told at all if John B. Collins, who prosecuted Hodne for killing Jeffrey Hirsch and became a judge in Suffolk County, hadn't kept tabs on the investigative file in the event that the parole system ever considered releasing Hodne from prison. From that file came Karen, Adrienne Reissman, Susan, Anne Wright, Barbara Johnson, Georgette and Kathleen Pirkl, Caroline O'Neill, the 21-year-old Freeport woman, Denise O'Brien and the teenage girl. From that file came their voices, asking to be heard. Most everything else is gone, and what \"routine housekeeping of records\" and laws that privilege institutional \"discretion\" can't achieve, time will. Lenny Smith, the parole officer for Todd Hodne before he killed Jeffrey Hirsch, remembers Hodne as a \"wrecker,\" and as a one-word epitaph, it will suffice. But time is the original wrecker and does its own kind of violence. It kills and robs and distorts and plunders and turns what is provisionally remembered into what is at risk of being lost forever. The players who remember Todd Hodne have grown old, and the coaches who worked for Joe Paterno in many cases say they have no memories of Hodne whatsoever. Booker Brooks, the receivers coach, doesn't. Neither does Dan Riley, the strength coach. Neither does Jerry Petercuskie, the graduate assistant. Line coach Dick Anderson remembers the name, remembers the \"incident.\" So does the coach who went to St. Dominic and recruited Hodne to State College, though he adds the inevitable caveat: \"That was a long time ago, and my memory is not what it used to be.\" 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 108/110 Editing by Eric Neel and Laura Purtell. Produced by Creative Studio: Michelle Bashaw, Heather Donahue, Karen Frank, Joey Maese, Kaitlin Marron, Sarah Pezzullo and Munehito Sawada. Video editing and producing by Nicole Noren and Rayna Banks. Copy editing by Chris Marcucci and Brett Pauly. Research by John Mastroberardino. Related Stories Death at The U: Who killed Bryan Pata? Pattern of denial, inaction, information suppression at Michigan State goes beyond Larry Nassar case We initially contacted all of these coaches by phone. One coach, however, was contacted, as a matter of necessity, by a letter sent in the U.S. mail to inmate No. KT2386 in a prison in Pennsylvania received your letter and must say feel bad about my lack of recollection only vaguely remember [Todd Hodne's] name,\" he replied in a handwritten note may have been the contact person because of my founding of the Second Mile in '77. It's possible made some attempt to help him. My guess is that didn't become heavily involved for some reason. It sounds as though he had problems well beyond what was capable of helping. Sorry!\u2014Jerry.\" If you have any information about the crimes of Todd Hodne or sexual violence in State College during the 1970s and 1980s, contact Tom Junod at [email protected] or Paula Lavigne at [email protected]. Or call in tips to 860-370-4850. 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 109/110 Terms of Use Privacy Policy Your State Privacy Rights Children's Online Privacy Policy Interest-Based Ads About Nielsen Measurement Do Not Sell or Share My Personal Information Contact Us Disney Ad Sales Site Work for Corrections Copyright Enterprises, Inc. All rights reserved. The planning of Muhammad Ali's funeral 2/27/25, 6:56 Before Jerry Sandusky, Penn State football had another serial sexual predator. This is the untold story of his crimes and the fight to \u2026 110/110", "8499_104.pdf": "Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case By Heather Hulse, J.D., M.S., M.A. and Joseph McGettigan, Esq. Sexual misconduct of students at the hands of educators that students and their families should be able to trust is devastating to victims and their families, as well as the communities whose faith in the educational system has also been violated. Sexual misconduct in school happens in every state across the nation and Pennsylvania\u2019s Department of Education has reported that more than half of all disciplinary actions enforced on educators in Pennsylvania schools Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case Home MLO\u2019s Publications, Presentations, & Videos Articles Sexual Misconduct in Schools: How\u2026 Privacy - Terms / / / 610.648.9300 PA: Philadelphia / Berwyn / Scranton / Wyomissing / Pittsburgh / Central // DE: Wilmington / Georgetown // Washington Metropolitan Area 610.648.9300 PA: Philadelphia / Berwyn / Scranton / Wyomissing / Pittsburgh / Central // DE: Wilmington / Georgetown // Washington Metropolitan Area Questionnaires | Links/Resources | Contact Us | Cont\u00e1ctenos | Directions 610.648.9300 About Attorneys & Staff Practice Areas Events Articles & Videos News \uf115 \uf106 \uf113 \uf138 \uf111 \uf115 \uf106 \uf113 \uf138 \uf111 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 1/9 involve sexual misconduct. While the statistics certainly support the alarming prevalence of sexual misconduct in schools, the apprehensiveness to believe such horrible violations occur as frequently as they do can often add another layer of anguish for victims and their families. The shocking and horrendous acts of Jerry Sandusky and the incredible fall out in the very tight community where they occurred, as well as nationwide, are a reminder of how challenging the investigations of sexual misconduct can be. As many recall, Jerry Sandusky was the assistant coach for Penn State University\u2019s football team that was convicted of forty-five (45) counts of child sex crimes against ten (10) victims over fifteen (15) years. More specifically, he horrifically sexually molested boys from eight (8) years old to seventeen (17) years old for years. The Jerry Sandusky scandal is a tragic reminder that it is imperative that school employees, parents and guardians, and members of communities fully understand ways to prevent sexual misconduct in schools and the appropriate course of action when a report of sexual misconduct has been made. Preventing sexual misconduct can obviously save students and their families undue suffering. Responding appropriately to reports of sexual misconduct assists victims and their families in coping with and navigating the aftermath of what has tragically happened to them and helps to bring the proper consequences to perpetrators. Preventing sexual misconduct in schools begins with understanding what actually constitutes sexual misconduct. Sexual misconduct is broad, encompassing all forms of sexual contact and sexual abuse as well as behaviors that may lead to sexual contact. Sexual misconduct is legally defined pursuant to the Educator Discipline Act as: \u201cany act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include, but are not limited to, the following: sexual or romantic invitations; dating or soliciting dates; engaging in sexualized or romantic dialogue; making sexually suggestive comments; self-disclosure or physical exposure of a sexual, romantic or erotic nature; or 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 2/9 any sexual, indecent, romantic, or erotic contact with the child or student.\u201d (4 P.S. \u00a7\u00a72070.1b). Awareness and recognition of the potential \u201cred flags\u201d that often indicate possible sexual misconduct is an essential component to prevention. Perpetrators of sexual misconduct often possess certain characteristics and behavioral patterns. Jerry Sandusky used a common tactic of sexual perpetrators known as \u201cgrooming.\u201d (Robins, 2000). He would gradually gain the trust of his victim that started with gifts and invitations to football games then led to overnight visits and touching, and eventually resulted in sexual assault. Jerry Sandusky already had the trust and respect of the institution that brought them together (his youth charity, the Second Mile) and the extremely large state college for whom he was a well-respected faculty member (Penn State University). Sexual misconduct in schools bears its own set of considerations regarding the relationships of perpetrators and victims. Students are taught to trust teachers, coaches, and administrators in schools. Parents and guardians expect that teachers, coaches, and educators are properly cleared and are not going to victimize their children. There is the additional component that teachers, coaches, and administrators are more believable than students. As to the style of predatory behavior, sexual misconduct against students at the elementary school to middle school level is more premeditated and typically involves grooming of the victim, while sexual misconduct of late middle school to high school students is more often opportunistic. (Shakeshaft and Cohan, 1994). In a school setting, grooming can take place by offering additional help on a project, offering to work one-on-one to teach the student how to play a musical instrument, or offering to work on athletic skills after practice. Parents and guardians are often pleased to hear of the additional support being offered to their child and therefore, often do not question the motives. Another common pattern of behavior among predators is ensuring the student is bound to secrecy. (Shakeshaft and Cohan, 1994). Jerry Sandusky worked hard to make his victims feel as if his terrible actions were out of love in an effort to make his victims feel there is nothing wrong what is happening and no reason to tell anyone. Sadly, one of his victims still believed their relationship was one of love during Jerry Sandusky\u2019s trial. Perpetrators will also use other methods to ensure secrecy, such as using threats (telling the student they will fail them if they tell), abusing their power (telling the student no one will believe them over the perpetrator), and using the child\u2019s affection for them (telling the student they will not be able to be friends anymore if they tell). 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 3/9 Educators who engage in sexual misconduct are often well-regarded in their areas of study and well-liked among students and faculty. (Shakeshaft and Cohan, 1994). Teachers, followed by coaches, have the highest frequency of sexual misconduct among school employees. (Shakeshaft, 2003). Teachers who have positions that provide them more opportunities for time with individual students, such as music teachers and coaches, are more likely to engage in sexual misconduct. (Jennings and Tharp, 2003). It is unfortunate that those who are believed to be trustworthy adults who genuinely care about students sometimes betray that trust, but it is important for educators, parents and guardians, communities, and students to be cognizant of the possibility and potential indicators. There is often the misperception that perpetrators of sexual misconduct in schools are always younger. This misperception may be perpetuated by the belief that older perpetrators would have been apprehended sooner in life. Perpetrators of sexual misconduct in schools range from twenty-one (21) years old to seventy-five (75) years old. (Hendrie, 1998). Most perpetrators are male, but, of course, can be female. (Shakeshaft and Cohan, 1994; Jennings and Tharp, 2003). Often, there can be the inaccurate socialized belief that male victims of female perpetrators should be complimented or grateful of the sexual interest from an older female, particularly if the victim is male. Sadly, the impact of sexual misconduct can be just as devastating to victims of female perpetrators regardless of their gender. Moreover, this inaccuracy can also lead to underreporting from male victims by female perpetrators. Perpetrators of sexual misconduct are often careful in choosing their victims. Jerry Sandusky began a charity for young boys from broken homes, the large majority of which had homes with absent fathers. This was not by accident. Jerry Sandusky knew that his victim pool would likely be searching for a father figure whom they believed cared about their well-being. Jerry Sandusky also knew that the boys he chose had likely not had the opportunities like going to a college football game or even swimming in the pool at Penn State University. He used these assets to build trust and affection within his victims. The betrayal was devastating. Victims of sexual misconduct are more frequently female. (Shakeshaft and Cohan, 1994; Hendrie, 1998). However, male victims are less likely to report sexual misconduct due to the inaccurate socialization that the male victim should have enjoyed it from the female perpetrator and homophobia where the perpetrator is male. (Shakeshaft and Cohan, 1994). Sexual misconduct occurs in classrooms (empty or not), in hallways, in offices, on buses, in cars, in 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 4/9 the educator\u2019s home, in outdoor secluded areas, and sometimes, right in front of other students. (Shakeshaft and Cohan, 1994). Shockingly, there is very little scientific data on the prevalence of sexual victimization of students with disabilities. There is considerable data to indicate that students with disabilities are more likely to be mistreated than students that do not have a disability. (Sobsey, 1994; Sobsey, Randall, and Parrila, 1997; Sullivan and Knutson, 2000). There is also evidence to suggest that more students with disabilities are victimized by bus drivers. (Sullivan and Knutson, 2000). Students who are non-verbal give rise to particular concern because they are not always easily able to communicate whether anyone has violated them. Students with behavioral disorders are five (5) times more likely to be the victim of sexual misconduct. (Sullivan and Knutson, 2000). In the awful event that there is suspicion, witness to, or a report of sexual misconduct, it is imperative for school staff, parents and guardians, and communities to respond appropriately. Unfortunately, the majority of reports of sexual misconduct in schools are either ignored or not believed. (Shakeshaft and Cohan, 1994). Most reports of sexual misconduct in schools are not reported to the police and it is highly questionable how many sexual misconduct reports are being appropriately referred to child protective services. (Shakeshaft and Cohan, 1994). It is not surprising at all that the most common reason that students do not report sexual misconduct in schools is their fear that they will not be believed. (Robins, 2000). Unless there is a valid reason to do otherwise, it is so important to believe the victim reporting the sexual misconduct. This may not be the instinctive response if the reported perpetrator is someone that presents as a nice, law-biding citizen, is well-educated, appears to be happily married, or is well-respected in the community. Jerry Sandusky was a highly respected member of the Penn State University faculty, who played football for Penn State and was a coach for thirty-two (32) years. He was sixty-eight (68) years old, was married for forty-five (45) years, and had raised six (6) adopted children at the time of his arrest in November 2011. Educators who engage in sexual misconduct most often present as someone that would not be expected of engaging in such horrific acts. That is unfortunately one of the reasons they are frequently able to continue to engage in sexual misconduct without consequences. Reporting the sexual misconduct complaint to the police and child protective services should occur whenever warranted. If there is a possible criminal act, it should be reported to the police. In Pennsylvania, educators, as mandated reporters, are required to immediately report 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 5/9 any suspected child abuse to child protective services. Pennsylvania statute defining child abuse includes \u201ccausing sexual abuse or exploitation of a child through any act or failure to act.\u201d (23 Pa. C.S.A. \u00a7 6303(b)(4).) Reports should be given the benefit of the doubt even if it appears difficult to accept as true due to the relationships staff may have with the reported perpetrator. When Jerry Sandusky was investigated and arrested, it came to light that several long-term and highly positioned officials failed to report suspected sexual misconduct of Jerry Sandusky. As a result, the University\u2019s president and football coach were fired, and the University\u2019s vice president and athletic director resigned. There was much controversy over the firing of the decades-long and very popular football coach, Joe Paterno, who did in fact report the misconduct to his superiors, but many believed he should have done more. Jerry Sandusky was well known in the very large Penn State University community and many people within that community were aware of the disturbing behaviors that he demonstrated, but chose to look the other way, stay silent, minimize the actions, or explain it as something less than sexual misconduct. In Jerry Sandusky\u2019s case, these failures to appropriately respond were made in an effort to protect the University\u2019s long-standing and revered football program. Such failures to respond can often occur due to fellow employees\u2019 reluctance to believe someone they believe to know well to be capable of sexual misconduct. Schools should conduct comprehensive and thorough investigations and ensure that proper investigations are being completed by the police and child protective services when warranted. The victims\u2019 families, and victim when appropriate, should be kept fully informed of the components of the investigations and be given every opportunity to participate in that process. Schools should also ensure that preventative measures are implemented. There should be written institutional codes regarding contact between adults and children in program settings. Of course, background checks should be completed on all employees. One-on-one contacts between students and staff members should be periodically monitored. Parents should be educated on what red flags to look for and be carefully monitoring their children\u2019s interactions with other adults. For any more information on sexual misconduct in schools or if you require assistance in navigating through the process with knowledge, understanding, and compassion, please feel free to contact our office. Our initial consultation in sexual misconduct cases is always free and these matters are handled on a contingency basis without hourly fees charged to families. 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 6/9 References Hendrie, C. and Drummond, S. (eds) (1998, Dec. 2, 9 and 16 trust betrayed: Sexual abuse by teachers. Education Week. Jennings, D. and Tharp, R. (2003, May 4, 5, 6). Betrayal of trust. The Dallas Morning News. Robins, S.L. (2000). Protecting our students review to identify and prevent sexual misconduct in Ontario schools. Ontario Ministry of the Attorney General, Toronto. Shakeshaft, C., and Cohan, A. (1994, January). In loco parentis: Sexual abuse of students in schools (What administrators should know), 1-40. Administration and Policy Studies, Hofstra University. Shakeshaft, C., and Cohan, A. (1994). In loco parentis: Sexual abuse of students in schools. What administrators should know. Report to the U.S. Department of Education, Field Initiated Grants. Shakeshaft, C. (2003, Spring). Educator Sexual Abuse. Hofstra Horizons, pp. 10-13. Sobsey, D., Randall, W. and Parrila, R.K. (1997). Gender differences in abused children with and without disabilities. Child Abuse and Neglect. Vol. 21, No. 8, pp. 707- 720. Sullivan, P.M., and Knutson, J. F. (2000). The prevalence of disabilities and maltreatment among runaway children. Child Abuse and Neglect. Vol 24, No. 10, pp. 1275- 1288. 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See our profile at Lawyers.com or Martindale.com. Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Dream-Theme \u2014 truly premium WordPress themes 2/27/25, 6:56 Sexual Misconduct in Schools: How We Can (and Should) Learn from the Jerry Sandusky Case - McAndrews Law Firm 9/9", "8499_105.pdf": "Penn State child sex abuse scandal The Penn State child sex abuse scandal concerned allegations and subsequent convictions of child sexual abuse committed by Jerry Sandusky, an assistant coach for the Penn State Nittany Lions football team, over a period of at least fifteen years. The scandal began to emerge publicly in March 2011 and broke in early November 2011 when Sandusky was indicted on 52 counts of child molestation, stemming from incidents that occurred between 1994 and 2009.[1] Sandusky was ultimately convicted on 45 counts of child sexual abuse on June 22, 2012,[2] and was sentenced to a minimum of 30 years and a maximum of 60 years in prison.[3] Of the 10 victims who were listed, only eight appeared at trial. All were over the age of 18 by the time they testified. Six were over 21. Additionally, three Penn State officials, school president Graham Spanier, vice president Gary Schultz, and athletic director Tim Curley, were charged with perjury, obstruction of justice, failure to report suspected child abuse, and related charges.[4] The Penn State Board of Trustees commissioned an independent investigation by former Director Louis Freeh, whose report stated that Penn State's longtime head football coach Joe Paterno, along with Spanier, Curley and Schultz, had known about allegations of child abuse by Sandusky as early as 1998, had shown \"total and consistent disregard...for the safety and welfare of Sandusky's child victims\", and \"empowered\" Sandusky to continue his acts of abuse by failing to disclose them.[5]: 14 [6][7] Shortly after the scandal broke, Spanier resigned. The board of trustees terminated the contracts of Paterno and Curley. As a result of the scandal, the National Collegiate Athletic Association (NCAA) imposed sanctions on the Penn State football program: a $60 million fine, a four-year postseason ban, scholarship reductions, and a vacation of all victories from 1998 to 2011.[8] These sanctions were considered to be among the most severe ever imposed on an member school President Mark Emmert stated that the sanctions were levied \"not to be just punitive, but to make sure the university establishes an athletic culture and daily mindset in which football will never again be placed ahead of educating, nurturing and protecting young people.\"[9][10] The Big Ten Conference subsequently imposed an additional $13 million fine.[11] The Paterno family retained former Attorney General Richard Thornburgh to conduct a review of the Freeh report, which concluded that the report constituted a \"rush to injustice\" that could not be relied upon[12][13] and that Freeh's evidence fell \"far short\" of showing that Joe Paterno attempted to conceal the scandal, but rather that \"the contrary is true\".[13] In January 2013, state senator Jake Corman and state treasurer Rob McCord sued the NCAA, seeking to overturn the Penn State sanctions on the basis that Freeh had been actively collaborating with the organization and that due process had not been followed. In November 2014, Corman released emails showing \"regular and substantive\" contact between Freeh's investigators and the NCAA, suggesting that Freeh's conclusions were orchestrated.[14] As part of a settlement, the restored the 111 wins to Paterno's record on January 16, 2015.[15][10] On March 25, 2017, Curley, Schultz, and Spanier pleaded or were found guilty of misdemeanor charges of child endangerment.[16] All conspiracy charges against Curley and Schultz were dropped, and Spanier was acquitted of conspiracy, the charges central to Louis Freeh's allegation of a cover-up.[17][18] In June 2017, all three were sentenced to jail terms, fines, and probation for the misdemeanors.[19] Spanier was sentenced to four to twelve months in jail, a $7,500 fine, and two years of probation.[20] Spanier's misdemeanor conviction was overturned by the federal district court, but reinstated by the court of appeals in December 2020.[21][22] 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 1/40 Jerry Sandusky was an assistant coach for the Penn State Nittany Lions football team from 1969 to 1999.[23] For the last 23 of those years, Sandusky was the team's defensive coordinator.[24] In 1977, he founded The Second Mile in State College, Pennsylvania, a charity formed to help disadvantaged youth. [25] Sandusky retired from the organization in 2010.[23] In 1998, he was investigated for child sexual abuse but no charges were filed.[26] Sandusky was considered for spearheading the startup of a football program at Penn State Altoona in 1998\u201399, but the idea was scrapped and he retired in 1999.[27] After his retirement, Sandusky remained a coach emeritus with an office in and access to Penn State's football facilities per his employment contract.[28] In Pennsylvania, a grand jury only recommends criminal charges. It hears all of the available evidence but does not have authority to indict the accused.[29] In the case of Sandusky, the grand jury investigation began in 2009 under commonwealth attorney general and later-governor Tom Corbett. The grand jury subpoenaed records from both Penn State and The Second Mile, and heard testimony from Victim 1 (Aaron Fisher), Mike McQueary, Joe Paterno, Tim Curley, Gary Schultz, Victim 7, Graham Spanier, Victim 4, and Ronald Petrosky (Penn State janitor).[30] This grand jury did not recommend indictment. Commonwealth attorney general Linda L. Kelly prepared a presentment which included credibility determinations about the testimonies received before the first grand jury for the second grand jury. This second grand jury heard testimony from Victim 3,[30] Victim 5, and Victim 6. Kelly said that during the investigation there was an \"uncooperative atmosphere\" from some Penn State officials.[31] The investigation was initiated in the spring of 2008 after Aaron Fisher (identified in court papers as \"Victim 1\"), then a freshman at Central Mountain High School in Mill Hall, Pennsylvania, reported that Sandusky had been molesting him since age 12.[32] Fisher met Sandusky through The Second Mile in the mid-2000s,[23] when Sandusky began making advances toward Fisher which involved \"inappropriate touching\".[33] At the time of the alleged actions, Sandusky was volunteering as an assistant football coach at Central Mountain High School, where these assaults took place.[34] Mike McQueary, then a graduate assistant and later assistant coach at Penn State, testified that on approximately February 9, 2001,[35] he had been inside the Lasch Football Building, located on Penn State's University Park campus, when he witnessed a naked Sandusky standing directly behind a boy whose hands were up on the wall in the men's shower room.[36] McQueary, distraught, left the building and called his father John, who told Mike to come over to his house right away and talk to him.[37] While Mike was on the way to his father's, John called Dr. Jonathan Dranov, Mike's boss and family friend, seeking his advice.[38] As President of Centre Medical and Surgical Associates, Dranov was a mandated reporter in the state of Pennsylvania.[39] Dranov testified that he questioned Mike three times about what he saw, and each time Mike kept going back to what he witnessed.[40] Because there was no clear crime witnessed by Mike, Dranov and John recommended he talk to head football coach Joe Paterno.[41] Background Criminal prosecutions Investigation Victim 1 Victim 2 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 2/40 On Saturday morning, Mike McQueary called Paterno to arrange a meeting, and the two met at Paterno's home later that same morning. McQueary testified he gave a rough report of what he had seen but that, out of respect, he did not share more graphic details.[42] Paterno left for Pittsburgh to attend an awards ceremony shortly after meeting with McQueary[43] and did not return to State College until late Saturday night or Sunday morning. On Sunday morning, Paterno called then-athletic director Tim Curley regarding the incident. Curley, along with then-university vice president Gary Schultz, both went to Paterno's home, where Paterno told them about McQueary's story and advised them to speak directly to McQueary themselves to get the full details. In his grand jury testimony, Paterno said that he was told about Sandusky \"fondling or doing something of a sexual nature\" to the victim.[44] On Monday, Curley and Schultz reported the incident to Graham Spanier, who was president of Penn State at the time. Spanier told them to meet with the graduate assistant, which he was not told to be McQueary. Nine or ten days later (the exact date is unknown), McQueary received a phone call from Curley regarding the incident and set up a meeting with Curley and Schultz in the Bryce Jordan Center, either that same afternoon or the next day, to go over the details of what had happened in the shower room.[45] Curley and Schultz both denied having been told about alleged anal intercourse. Curley denied that McQueary reported anything of a sexual nature whatsoever and described the conduct as merely \"horsing around\". Spanier likewise testified that he was only apprised of an incident involving Sandusky and a younger child \"horsing around in the shower\".[44] Curley then met with Sandusky and told him he was not to be using Penn State's athletic facilities with any young people, and Curley reported the incident to Jack Raykovitz,[46] who, as the of The Second Mile, was Sandusky's boss and also a mandated reporter.[47] The Second Mile fell under the direct supervision and authority of Pennsylvania's Department of Public Welfare, and was a contractor of the local county office of Children and Youth Services. Raykovitz was also a highly trained professional on handling such allegations. He reported the incident to two board members of The Second Mile, Bruce Heim and Bob Poole, and told Sandusky to wear shorts in the shower in the future. Despite Penn State banning Sandusky from bringing boys onto the main campus after the McQueary incident, he was allowed to operate a summer camp through his Sandusky Associates company[31] from 2002 to 2008 at Penn State's Behrend satellite campus near Erie, where he had daily contact with boys from fourth grade to high school.[48] One child's mother reported a 1998 incident to Penn State police when her son came home with his hair wet. After an investigation by Detective Ronald Shreffler, Centre County District Attorney Ray Gricar chose not to prosecute. Shreffler testified before the grand jury that the director of the campus police then told him to drop the case, and that detectives had eavesdropped on conversations during which the mother confronted Sandusky about the incident. Sandusky admitted to showering with other boys and refused to discontinue the practice. Gricar was not available to testify, as he had disappeared in 2005.[44][49] Victims also commonly reported that Sandusky would place his hand on their thighs or inside the waistband of their underpants. Two recounted oral sex with Sandusky, sometimes culminating in his ejaculation.[44] Penn State janitor James Calhoun reportedly observed Sandusky performing oral sex on an unidentified boy in 2000, but by the time of Sandusky's trial Calhoun was in a nursing home suffering from dementia; he was deemed not competent to testify.[44] According to the grand jury testimony, the assaults took place: In Sandusky's basement,[50] At a victim's high school,[51] Other victims Locations of assaults 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 3/40 In Sandusky's car,[52] In the Lasch Football Building on Penn State's University Park campus,[53] Toftrees Golf Resort and Conference Center,[54] The East Area Locker Rooms on the Penn State campus,[55] and hotel room in Texas.[56] At least twenty of the incidents were said to have taken place while Sandusky was still employed by Penn State.[57] Illustration of victims, people with alleged knowledge of alleged crimes, and official responses as of November 11, 2011 On November 4, 2011, commonwealth attorney general Linda L. Kelly indicted Sandusky on forty counts of sex crimes against young boys following a three-year investigation. Sandusky was arrested on November 5 and charged with seven counts of involuntary deviant sexual intercourse, as well as eight counts of corruption of minors, eight counts of endangering the welfare of a child, seven counts of indecent assault, and other offenses.[58] Penn State officially banned Sandusky from campus on November 6.[59] He was arrested again at his residence on December 7, 2011, on additional charges of sexual abuse.[60] Schultz and Curley, who had been found to be not credible by the grand jury, were charged with perjury and failure to report suspected child abuse. The indictment accused Curley and Schultz of not only failing to tell the police, but falsely telling the grand jury that McQueary never informed them of sexual activity.[23][24][61][62] Sandusky was then released on $250,000 bail pending trial.[63][64] Curley and Schultz appeared in a Harrisburg courtroom on November 7, where a judge set bail at $75,000 and required them to surrender their passports.[65] Curley was placed on administrative leave, and Schultz resigned to go back into retirement.[66] Spanier was criticized for issuing a statement expressing support for Curley and Schultz, while failing to express any concern for Sandusky's alleged victims.[67][24] Congressman Pat Meehan asked Education Secretary Arne Duncan to probe whether Penn State violated the Clery Act when it failed to report Sandusky's alleged actions on campus. Duncan announced an investigation into possible Clery Act violations at Penn State, saying that colleges and universities have \"a legal and moral responsibility to protect children\" and that Penn State's failure to report the alleged abuse would be a \"tragedy\".[68] Officials in San Antonio, Texas also began investigating whether Sandusky molested one of the victims at the 1999 Alamo Bowl.[69] Indictments 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 4/40 On February 24, 2012, the Harrisburg Patriot-News reported that U.S. Attorney Peter J. Smith was conducting a federal criminal investigation into Penn State \u2013 separate from the Clery Act investigation \u2013 in which he subpoenaed the school for information about Spanier, Sandusky, Curley, Schultz and The Second Mile. Specifically, Smith subpoenaed information about Sandusky's travel records in relation to allegations that he had molested boys at both the 1999 Alamo Bowl in San Antonio and the 1999 Outback Bowl in Tampa, Florida.[70] Although federal authorities would have jurisdiction in the case since Sandusky was accused of taking the boys across state lines, three former prosecutors interviewed by The Patriot-News believed that this investigation did not appear to be focusing on Sandusky, but instead on a possible coverup by school officials.[71] During Sandusky's trial, an accuser and Sandusky's wife Dottie both testified about the Alamo Bowl incident. The accuser said Sandusky was attempting to negotiate oral sex with him in a bathroom while Dottie was in the apartment, and that she came to the \"edge\" of the bathroom for a few words with Sandusky including, \"What are you doing in there?\" Dottie said Sandusky was having a disagreement, including yelling, with the boy\u2014who she said was in the bathroom, but \"clothed\"\u2014about attending a luncheon. She went on to characterize the boy as \"very demanding. ... And he was very conniving. And he wanted his way, and he didn't listen a whole lot.\" Dottie testified when it was still uncertain whether Sandusky would testify.[72] Though Sandusky's defense attorney Joe Amendola had said on the opening day of the trial that he would testify,[73] Amendola ultimately rested the case without calling Sandusky to testify in his own defense.[74] On the evening of June 22, 2012, the jury found Sandusky guilty on 45 of the 48 counts against him.[75][76] Following the announcement of the verdict, Judge John Cleland immediately revoked Sandusky's bail and ordered him to be taken into custody to await sentencing. Sandusky continued to maintain his innocence even after being convicted.[77] His attorneys filed a notice to appeal the conviction.[78] Sandusky faced a maximum sentence of 442 years in prison.[79] According to News, he likely faced a minimum sentence of 60 years \u2013 at his age, effectively a life sentence.[80] Sentencing was scheduled for October 9, 2012.[81] At that hearing, prosecutors requested to the court that Sandusky be declared a sexually violent predator under Pennsylvania's version of Megan's Law, which would subject him to stringent reporting requirements if he is released. He would not only have to report his address to police every three months for the rest of his life, but would also have to participate in a court-approved counseling program. However, given his age, Sandusky will likely die in prison.[82] Earlier, on August 30, the Pennsylvania Sexual Offenders Assessment Board recommended that Sandusky be declared a sexually violent predator.[83] On the day of sentencing, Sandusky was officially designated a sexually violent predator.[84] He was sentenced on October 9, 2012, to a minimum of 30 years and a maximum of 60 years in prison. Judge Cleland told Sandusky that he intentionally avoided a sentence with a large number of years, saying it would be \"too abstract.\" Nonetheless, he still felt the need to pronounce a sentence that would have the \"unmistakable impact of saying 'the rest of your life' (in prison)\".[3] He is presently not slated to be released until October 9, 2042, when he will be 98 years old. Commonwealth v. Sandusky Trial Verdict Sentencing 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 5/40 On November 1, 2012, the Pittsburgh Post-Gazette and News, citing sources close to the investigation, reported that Spanier would be formally charged for his alleged role related to Sandusky's crimes.[85][86] Later that day, Kelly announced that as part of a superseding indictment, Spanier, Curley and Schultz had been charged with grand jury perjury, child endangerment, conspiracy, and obstruction of justice in connection with the scandal. Spanier faced eight charges, three of which were felonies.[87 criminal docket was filed in the Court of Common Pleas of Dauphin County, in Harrisburg, Pennsylvania.[88] Preliminary hearings for Curley and Schultz were held on December 16, 2011.[89] Prosecution presented several witnesses. McQueary took the stand again and testified that, on the night of the 2001 incident, he saw a 10- to 12- year-old Caucasian boy standing upright in the shower, facing the wall, and Sandusky directly behind him, with Sandusky's hands wrapped around the boy's \"waist or midsection\". McQueary estimated that the boy was roughly a foot shorter than Sandusky. He further stated that he \"did not see insertion nor was there any verbiage or protest, screaming or yelling\" and denied ever using the words \"anal\" or \"rape\" to describe the incident to anybody.[90] On July 30, 2013, Spanier, Schultz, and Curley were ordered by Judge William Wenner to stand trial.[91] On January 22, 2016, some of the charges against Curley, Schultz, and Spanier were dropped due to the violation of their rights to legal representation. On March 24, 2017, Spanier was found guilty of one charge of child endangerment and not guilty of the second charge of child endangerment or conspiracy. Curley and Schultz had previously pleaded guilty to misdemeanor child endangerment charges and testified at Spanier's trial in exchange for all other charges, including conspiracy, being dropped.[92] On June 2, 2017, Spanier, Schultz and Curley were sentenced to prison by Senior Judge John Boccabella. \"Why no one made a phone call to the police...is beyond me. Why Mr. Sandusky was allowed to continue to use the Penn State facilities is beyond me,\" Boccabella said. Spanier was sentenced to four to twelve months with two months in jail and four months house arrest, followed by two years of probation and a $7,500 fine. Spanier's conviction was subsequently overturned on appeal.[21] Spanier's conviction was reinstated in December 2020, and he served 58 days in prison in summer 2021. [93][94] Curley was sentenced to a seven to 23-month jail term, with four months of it as house arrest, followed by two years of probation and a $5,000 fine. Schultz was sentenced to a six to 23-month jail term also with four months of it as house arrest, followed by two years of probation and a $5,000 fine.[95] The Patriot-News was the first media outlet to report on the Sandusky grand jury investigation in March 2011.[96] The story did not receive much attention outside of the immediate area,[97] and many readers at the time assailed the newspaper for impugning the reputations of Sandusky and Penn State.[98] Criminal charges against Sandusky were filed in November 2011. In April 2012, crime reporter Sara Ganim and members of the Patriot-News staff were awarded the Pulitzer Prize for Local Reporting for their coverage of the scandal.[99] Under Pennsylvania law of the time, any state employee who learned about suspected child abuse was required to report the incident to his immediate supervisor. In the case of the 2002 incident, McQueary reported the incident to his immediate supervisor, Paterno. In turn, Paterno reported the incident to his immediate supervisor, Curley, and also reported it to Schultz, to whom the University Police Department directly reported. For these reasons, Paterno and McQueary were not implicated in any criminal wrongdoing, since they did what Commonwealth v. Curley, Schultz, and Spanier Reactions Media 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 6/40 they were legally required to do.[44][100][101][102] However, once the incident came to light, Paterno was criticized for not going beyond the law to report the incident to police, or at least seeing to it that it was reported.[103] Several advocates[104] for victims of sexual abuse argued that Paterno should have faced charges for not going to the police himself when it was apparent Penn State officials were unwilling to act.[105] After McQueary was identified as the graduate assistant who reported the 2001 incident, he was criticized for not intervening to protect Sandusky's victim (an accusation McQueary has since disputed[106]), as well as for not reporting the incident to police himself.[107][108] On November 7, Pennsylvania State Police Commissioner Frank Noonan said that though some may have fulfilled their legal obligation to report suspected abuse, \"somebody has to question about what would consider the moral requirements for a human being that knows of sexual things that are taking place with a child.\" Noonan added that anyone who knows about suspected abuse, \"whether you're a football coach or a university president or the guy sweeping the building\" has \"a moral responsibility to call us.\"[109] Paterno said McQueary informed him that \"he had witnessed an incident in the shower ... but he at no time related to me the very specific actions contained in the Grand Jury report.\"[110] Paterno was uncertain if being more graphic would have made a difference. \"And to be frank with you don't know that it would have done any good, because never heard of, of, rape and a man,\" said Paterno.[111][112] When he read the presentment after it became public, he asked his son, \"What is sodomy, anyway?\"[113] Further, following reports of the arrests, criticism of Penn State leadership and Paterno himself included calls for their dismissal for allegedly \"protecting Penn State's brand instead of a child\"[114][115] and allowing Sandusky to retain emeritus status and unfettered access to the university, despite knowledge of the allegations of sexual abuse.[24] In an interview with New York City radio station WFAN, sports reporter Kim Jones, a Penn State alumna, stated that can't believe [Paterno's] heart is that black, where he simply never thought about [Sandusky's 2001 incident] again and never thought about those poor kids who were looking for a male mentor, a strong man in their life.\"[116] Former sports commentator Keith Olbermann called for Paterno to be immediately fired, saying that \"he failed all of the kids\u2014the kid kids and the player kids\u2014he purported to be protecting.\"[117] In an editorial for the Centre Daily Times, literary critic Robert Bernard Hass, a Penn State alumnus, compared Paterno's downfall to a Greek tragedy and suggested that despite his many good deeds, pride and age contributed to his failure to report the incident to police.[118] The Patriot-News published a rare full-page, front-page editorial in its November 8, 2011, edition, calling for Spanier's immediate resignation as Penn State president; it also called for this to be Paterno's last season coaching Penn State football.[119][120] The same day, an editorial in the Post-Gazette called for the resignations of both Paterno and McQueary.[121] On November 14, Sandusky gave his first interview after being arrested. In a phone interview with Sports's Bob Costas on Rock Center with Brian Williams, Sandusky denied the allegations, though he admitted showering with boys and inadvertently touching them \"without intent of sexual contact\".[122] The interview received substantial coverage in the media, particularly regarding the manner in which Sandusky answered Costas when asked if he was sexually attracted to young boys:[123][124][125] COSTAS: \"Are you sexually attracted to young boys, to underage boys?\" SANDUSKY: \"Am sexually attracted to underage boys?\" COSTAS: \"Yes.\" SANDUSKY: \"Sexually attracted, you know enjoy young people love to be around them. But no, I'm not sexually attracted to young boys.\" [126][127] The day of the interview, Sandusky's lawyer claimed that he was able to track down Victim 2 and that, according to the child, the incident did not occur as described by McQueary.[128] However, in the days following the interview, several potential victims contacted State College lawyer Andy Shubin alleging abuse by Sandusky, with 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 7/40 Penn State President Graham Spanier released a statement of support for Curley and Schultz before being forced to resign. one accuser reporting an abusive encounter with Sandusky in the 1970s.[1][129] The media began to run various accounts of Penn State culture,[129][130][131][132] as well as the prominence and power of football and of Paterno within it.[133][134][135][136] Former Penn State employees, including a former vice president of student affairs Vickey Tripone,[137][138] and former football grad assistant Matt Paknis \u2013 himself a child abuse survivor who admitted he noticed but failed to report Sandusky's behavior[139][140] \u2013 stepped forward to critique the influence of the school's football program. Further stories detailed the loss of sponsorships,[141] the damage to Penn State's merchandise sales,[142] brand,[143] student admissions,[144][145] and the impact of the scandal on recent graduates.[146][147] On November 23, 2011, the editor of the Patriot-News wrote a column criticizing The New York Times for insufficiently protecting the identity of Victim 1. The Times both defended its reporting and published public editor criticism of the reporting.[148] On December 3, 2014 in Pittsburgh reported that Sandusky received a letter from Penn State asking to renew his season ticket plan for the football team and attend a \"recruiting\" trip to a Penn State basketball game. The letter was reportedly sent out in error.[149] Jack Raykovitz, the longtime president and of The Second Mile, announced his resignation on November 14.[150] In addition, the Congressional Coalition on Adoption Institute's Angels in Adoption program subsequently rescinded its earlier 2002 award to Sandusky for his work with The Second Mile \"in light of the serious allegations against him, and to preserve the integrity of the Angels in Adoption program.\"[151][152] The allegations impacted personnel and operations for Penn State. Penn State responded in various ways. On November 8, 2011, Spanier canceled Paterno's weekly Tuesday press conference, citing legal concerns. It was to have been the coach's first public appearance since Sandusky's arrest. Paterno later reported that Spanier canceled the press conference without providing him with an explanation.[153] That same day, The New York Times reported that Penn State was planning Paterno's exit at the close of the 2011 college football season. Based on interviews with two individuals briefed on conversations among top university officials, the Times reported: \"The Board of Trustees has yet to determine the precise timing of Mr. Paterno's exit, but it is clear that (he) will not coach another season.\"[154] The following day, Associated Press reported that Paterno had decided to retire at the end of the 2011 season, saying that he didn't want to be a distraction.[155] In a statement announcing his retirement, Paterno said, \"It is one of the great sorrows of my life. With the benefit of hindsight wish had done more.\"[156] On the afternoon of November 9, Easton Express-Times reported that the board had given Spanier an ultimatum\u2014resign before that night's meeting or be fired.[157][158] At that night's meeting, Spanier offered his immediate resignation. The board accepted it and named provost Rodney Erickson as interim president.[159] Several Penn State sources told StateCollege.com and the Patriot-News that Spanier and vice chairman John Surma mutually agreed that the best way forward for all involved would be for Spanier to resign \"voluntarily and with grace.\"[160][161] At the same meeting, the Board The Second Mile Penn State Ousting of Spanier, Curley, Paterno, and Schultz 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 8/40 Joe Paterno was heavily criticized for his reaction to the allegations and was subsequently forced to resign in the middle of the 2011 season. turned down Paterno's proposal to finish out the season and instead stripped him of his coaching duties immediately; defensive coordinator Tom Bradley was named the interim coach for the remainder of the season.[162][163][164][165] During the week after Paterno's firing, the Big Ten Conference removed his name from the championship trophy for its conference championship game, renaming it the Stagg Championship Trophy. The inaugural game was scheduled for December 2011, and the trophy was originally named the Stagg\u2013 Paterno Championship Trophy after both Paterno and Amos Alonzo Stagg, a college football pioneer.[166][167] In addition, the Maxwell Football Club announced that the Joseph V. Paterno Award, presented to the college football coach who did the most to develop his players both on and off the field, would be discontinued.[168] An attorney retained by the families of some of Sandusky's victims criticized the decision by the Board to fire Paterno, saying, \"The school let the victims down once, and think they owed it to the victims to at least gauge how the immediate termination decision would impact them as opposed to Mr. Paterno's resignation at the end of the year.\"[169] However, one of the trustees told Allentown Morning Call that the Board had no choice but to force Paterno to leave immediately to contain the growing outrage over the scandal. According to the trustee, the Board considered letting Paterno finish the season with Bradley as team spokesman, but ultimately decided that would still keep the focus on Paterno. The board also did not like that Paterno released statements on his own rather than through the school, with some board members feeling he may have breached his contract. The trustee also noted that he and many of his colleagues felt Paterno either \"knew about [the abuse] and swept it under the rug, or he didn't ask enough questions.\" The board was also angered by Spanier's statements of support for Curley and Schultz.[170 few months later, chairman Steve Garban and vice chairman John Surma issued a statement saying that the board felt Paterno \"could not be expected to continue to effectively perform his duties\" in the wake of the scandal.[165] On March 12, the Board of Trustees released what it described as its final statement on the ouster of Spanier and Paterno, stating that Spanier not only made unauthorized statements to the press, but failed to tell the board all he knew about the 2001 incident. It also said that Paterno demonstrated a \"failure of leadership\" by not going to the police. The board said it had every intention of sending someone to personally inform Paterno of the decision, but was unable to do so because of a large number of people surrounding his house. Rather than risk having Paterno learn about the decision via the media, the board decided to order him to leave immediately via telephone.[171] However, in late 2014 and early 2015, court depositions by trustees Kenneth Frazier and Keith Masser conflicted with the \"failure of leadership\" story. As stated by Masser in his deposition in state senator Jake Corman's lawsuit against the National Collegiate Athletic Association (NCAA), \"The decision to remove Coach Paterno had nothing to do with what he had known, what he hadn't done. It was based upon the distraction of having him on the sidelines would have caused the university and the current football team harm. It had nothing to do with what Coach Paterno had done, or hadn't done.\"[172] Frazier's testimony added that, given what had been reported publicly and in the grand jury presentment, he felt that Coach Paterno leading the football team onto the field would not send the right message. It was his opinion that, although the board needed to be careful to understand all the facts, the decision about relieving Paterno of his coaching duties did not depend on knowing the key facts of Paterno's alleged involvement. Rather, given the seriousness of the matter, Frazier's concern was the public perception of the University's values if Coach Paterno were to remain as coach.[173] 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 9/40 Spanier remained a tenured sociology professor at Penn State, despite being stripped of his duties as president.[174] Likewise, Paterno remained a tenured member of the Penn State faculty, and was treated as having retired. The board was still finalizing Paterno's retirement package at the time of his death from lung cancer two months later, on January 22, 2012.[165] On October 16, 2012, Penn State announced it would not renew Curley's contract when it expired in June 2013.[175] On November 21, 2011, Frazier announced that Louis Freeh, former director of the FBI, would lead an internal investigation into Penn State's actions.[176] Freeh announced that the team assisting him in his investigation would include former agents and federal prosecutors.[177] As the Sandusky trial proceeded toward conviction in June 2012, it was reported that \"[t]he university says that [Freeh's] report should be out this summer and will be released to the trustees and the public simultaneously without being reviewed by the school's general counsel's office\".[178] The Freeh report was released on July 12, 2012. Freeh concluded that Paterno, Spanier, Curley and Schultz were complicit in \"conceal[ing] Sandusky's activities from the Board of Trustees, the University community and authorities.\"[179] According to Exhibit 2F of the report, Spanier and Schultz felt that approaching Sandusky as a first step was a more \"humane\" approach.[5]: Exh 2F Freeh's press release was critical of all four for not expressing the same feeling toward his victim. The report was also critical of Penn State's general counsel, Cynthia Baldwin.[180][181] Freeh concluded that Schultz, Spanier, Curley and Paterno \"failed to protect against a child sexual predator harming children for over a decade\", as well as violated the Clery Act.[5]: 14\u201315 The report also stated the four men not only made no effort to identify the victim of the 2001 incident, but alerted Sandusky to McQueary's allegations against him, thus potentially putting the victim in more danger. In addition, the report said that the four men \"exhibited a striking lack of empathy for Sandusky's victims by failing to inquire as to their safety and well-being.\" The report stated that the men knew about the 1998 incident but \"empowered Sandusky to attract potential victims to the campus and football events by allowing him to have continued, unrestricted and unsupervised access to the University's facilities and affiliation with the University's prominent football program\" while the investigation was underway. The report stated that Paterno was asked in January 2011 by the grand jury about inappropriate sexual conduct with young boys, other than the 2001 incident. He replied do not know of it don't know don't remember.\"[5]: 53 Spanier had granted Sandusky emeritus status, and the perquisites of that status, upon his retirement in 1999, to the dismay of provost Rodney Erickson and vice provost Robert Secor. In emails dated August 31, 1999, Erickson said, \"Let's go ahead and grant it [emeritus status], if Graham has already promised it,\" and Secor wrote, \"But we are in a bind. Apparently Graham told [Sandusky] that we would do this, he was wholly within his rights here since the policy says, 'The President may grant (or deny) Emeritus Rank on an exception basis.'\" Freeh found no evidence to show that Sandusky's retirement or emeritus rank was related to the events at the Lasch Building.[5]: 58\u201361 In response, Penn State's trustees announced that they accepted the report's conclusions and would implement corrective measures.[182] On September 13, 2012, a group of alumni and supporters, under the name of Penn Staters for Responsible Stewardship, released a review of the Freeh report that was critical of their investigation and conclusions.[183] On February 10, 2013, a report commissioned by the Paterno family was released by Richard Thornburgh, former U.S. Attorney General and former governor of Pennsylvania, maintaining that the report was \"seriously flawed, both with respect to the process of [its] investigation and its findings related to Mr. Paterno\".[184] In response, Freeh called Thornburgh's report \"self-serving\" and said that it did not change the facts and findings of his initial investigation.[185] On June 23, 2014, at Sandusky's pension forfeiture appeal, hearing arbiter Michael Bangs ruled that his pension be reinstated and criticized the Freeh report, stating it \"was based on significant hearsay and was mostly ruled inadmissible (for the proceedings), [but] was admitted in part to show it had found Sandusky had received 71 separate payments from Penn State between 2000 and 2008\". Later in a footnote, Freeh report 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 10/40 Bangs states, \"The terrifically significant disparity between the finding in the Freeh report and the actual truth is disturbing. While the Freeh report found that Penn State had made 71 separate payments to [Sandusky] between 2000 and 2008, they were off by almost 85 percent, as the correct number was six separate payments\". Bangs goes on to say that the error \"calls into question the accuracy and veracity of the entire report\".[186 sportscaster Bob Costas said, \"What Freeh did was not only gather facts but he reached a conclusion which is at least debatable from those facts and then he assigned a motivation, not only to Curley and Schultz and Spanier, but he specifically assigned a very dark motivation to Joe Paterno, which seems like it might be quite a leap reasonable person will conclude that there is some doubt here and that the other side of the story deserves to be heard.\"[187] In January 2012, sports journalist Sally Jenkins secured an interview with Paterno shortly before his death. During the interview, she asked him his views on the Sandusky sexual molestation allegations. Her report of the interview was published January 13, 2012. In it she drew no firm conclusions about Paterno's culpability, but simply reported his words, and those of his lawyer.[188] On July 12, 2012, in a Washington Post follow-up column, after the release of the Freeh Report, Jenkins wrote: \"Joe Paterno was a liar, there's no doubt about that now ... Paterno fell prey to the single most corrosive sin in sports: the belief that winning on the field makes you better and more important than other people.\"[189 building owner removed Sandusky's image from a mural near the university,[190] and the Penn State Creamery renamed an ice cream flavor which had been created in his honor.[191][192] On top of ousting both Paterno and Spanier, the school also placed McQueary on indefinite paid administrative leave.[193][194] Steve Garban resigned from the board of trustees after the release of the Freeh report, the first member of the board to do so since the scandal broke.[195][196] One victim withdrew from Central Mountain High School due to bullying,[197] and the boy's mother has stated that the high school did not do enough to prevent the fallout.[198] In January 2012, new university president Rodney Erickson traveled for a week to speak with alumni in New York, Pittsburgh, and Philadelphia in an attempt to repair the university's image.[199] At the meetings, Erickson received harsh criticism from alumni over the firing of Joe Paterno,[200][201][202] and also received widespread criticism from the media for attempting to shift the focus away from the university.[203][204][205][206][207][208][209] After the Freeh report's release, local organizations called for the removal of the Joe Paterno statue outside Beaver Stadium small plane towed a banner over campus, reading Take the Statue Down or We Will.[210] After some days of mixed messages,[211][212][213] the school removed the statue on July 22, in front of a crowd of student onlookers.[214] The statue was reportedly put in storage.[215] Erickson said the statue had become \"a source of division and an obstacle to healing\" but made a distinction between it and the Paterno Library, also on campus. The $13 million 1997 library expansion, partially funded by a $4 million gift from Paterno and his wife Sue, \"remains a tribute to Joe and Sue Paterno's commitment to Penn State's student body and academic success, and it highlights the positive impacts coach Paterno had on the university.... Thus feel strongly that the library's name should remain unchanged,\" Erickson said in the statement.[216 few Penn State students, angered over Spanier's role in the 2001 incident as well as his statement of support for Curley and Schultz, created a Facebook page, \"Fire Graham Spanier\", to call on Penn State's Board of Trustees to fire him.[217] An online petition at change.org calling for Spanier's ouster garnered over 1,700 signatures in four days.[218] Other actions Penn State students 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 11/40 Downtown State College was the location of the November 9\u201310 student protest. After Paterno's ouster was announced on live television, students and non-students protested near the Penn State campus.[219] Sources estimate 10,000 people protested to support Paterno, with some tipping over a news van.[220][221][222] Some police officers used a \"chemical spray\" to disperse the demonstrators.[219] Minor injuries were reported.[222][223] Approximately $200,000 in damage resulted from the protest. Local police criticized the short notice from Penn State administration and the insufficient time to mobilize officers from other areas as factors exacerbating the situation.[222] About 47 people were charged in connection with the protest,[224] and some were subsequently sentenced to a combination of prison terms, probation, community service, and restitution.[225][226] On November 10, a group of Penn State alumni set up and announced ProudPSUforRAINN,[227] a fundraiser for the anti-sexual violence network with a goal of $500,000, which was exceeded by July 10, 2012.[227][228][229] Students also held a candlelight vigil on the lawn of Old Main. The planning for the vigil began the Monday before Paterno's firing and gained steam quickly across campus. It was shown live on news networks across the country, including and ESPN.[229] Former player and sports broadcaster LaVar Arrington, a Penn State alum, spoke at the event which attracted an estimated 10,000.[230] On November 17 President Mark Emmert personally wrote Erickson to ask him how Penn State had exercised control over its athletic program in the wake of the scandal. The letter also demanded answers to four specific questions about how Penn State had complied with policies during that time.[231] Penn State pledged full cooperation, but asked to defer its response until after the release of the Freeh report. On July 16, Emmert appeared on PBS' Tavis Smiley and said that with the release of the Freeh report, Penn State had \"weeks, not months\" to answer the questions he had raised in the November letter. He also hinted that he had not ruled out issuing the so-called \"death penalty\", which would have forced Penn State to cancel at least the 2012 season.[232] The had not handed down a death penalty to a Division school since Southern Methodist University (SMU) was hit with it in 1987 for massive violations in its football program. Shortly after the release of the Freeh report, the Board gave Emmert the power to take corrective and punitive action relative to Penn State, forgoing the NCAA's normal investigative protocol.[8] On July 22, 2012, the announced that it would impose \"corrective and punitive\" sanctions against both the Penn State football program and the institution as a whole the next morning. In announcing the sanctions, Emmert said that, although the behavior could be called more egregious than any other seen in history, and thus a multi-year suspension was appropriate, they concluded that it was as important to drive \"cultural change\" at Penn State as much as it was to hold it to account. For this reason, Emmert said, the believed cancelling one or more football seasons was not appropriate, as it would cause \"significant unintended harm to many who had nothing to do with this case.\" He also praised Erickson and newly installed Board of Trustees chairwoman Karen Peetz with taking corrective measures on their own, saying that they\"have demonstrated a strong desire and determination on the part of Penn State to take the steps necessary for the university to right these severe wrongs.\"[233] On July 23, Emmert announced the following sanctions against Penn State:[234] Five years probation four-year postseason ban Initial sanctions 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 12/40 Vacating of all wins from 1998 to 2011\u2013112 wins in all. This had the effect of stripping the Nittany Lions of their shared Big Ten titles in 2005 and 2008. It also removed 111 wins from Paterno's record, dropping him from first to 12th on the NCAA's all-time wins list $60 million fine, the proceeds of which were to go toward an endowment for preventing child abuse. According to the NCAA, this was the equivalent of a typical year's gross revenue from the football program. Loss of a total of forty initial scholarships from 2013 to 2017. During the same period, Penn State was to be limited to 65 total scholarships\u2014only two more than a Division (formerly I-AA) school was allowed. Penn State was required to adopt all recommendations for reform delineated in the Freeh report. Penn State entered into an \"athletics integrity agreement\" with the and Big Ten, appoint a university- wide athletic compliance officer and compliance council, and accepted an NCAA-appointed athletic integrity monitor for the duration of its probation. The sanctions took the form of a sweeping consent decree in which Penn State accepted the findings of fact by the and waived any right to appeal the sanctions full release was granted to all players in the program, allowing them to transfer to another school without losing eligibility.[235] According to ESPN's Don Van Natta, Jr., the and Penn State had already begun preliminary discussions about possible sanctions in mid- July.[236] The Patriot-News reported that the formally forwarded its terms to Penn State's legal team on July 19. Discussions continued over the weekend, and the final agreement was essentially the NCAA's original proposal except for some minor concessions to Penn State.[237] In announcing the sanctions, Emmert said that he intended the Penn State case to be \"the cautionary tale of athletics overwhelming core values of the institution and losing sight of why we are really participating in these activities can occur.\" He also said that the sanctions were necessary to force Penn State to reform its athletic culture.[8] The Big Ten followed the actions, concurring with its findings by officially censuring Penn State and levying a separate fine of $13 million. In a statement, the conference stated that its intentions were \"not to destroy a great university, but rather to seek justice and constructively assist a member institution with its efforts to reform.\"[11] The Big Ten financial penalty came as Penn State gave up its four-year share of conference bowl revenue. The $13 million, as with the fines, will instead be donated to \"help victims of child sex abuse\".[238] The said it was compelled to act outside the normal investigative process due to what it described as the sheer egregiousness of the misconduct detailed in the Freeh report. In the NCAA's view, Spanier, Curley, Schultz and Paterno's cover-up of Sandusky's crimes constituted \"a failure of institutional and individual integrity,\" and thus violated basic principles of intercollegiate athletics that were over and above specific policies. Additionally, the said that since Penn State had commissioned the Freeh report and accepted its findings, further proceedings would be redundant.[235][239] Emmert himself said that Freeh's investigation was far more exhaustive than any that would have been mounted by the NCAA.[8] Due to the deviation from normal investigative process as well as the nature of the sanctions, four trustees of the university filed an appeal of the sanctions.[240] Board member Ryan McCombie, a 26-year U.S. Navy veteran who was elected to the board in July 2012 by members of the school's alumni association, led the trustee appeal letter filed on the trustees' behalf by Paul Kelly of Jackson Lewis called the sanctions \"excessive and unreasonable\". The letter also argued that Erickson exceeded his authority in accepting the sanctions.[241] In addition, a group of former Penn State football players, including former starting quarterback Michael Robinson, filed their own appeal. However, a spokesman for the held that the sanctions were not subject to appeal.[240][242] The validity of the sanctions later came into question, and emails surfaced that indicated highly ranked officials within the did not believe the organization had the jurisdiction to pass down the original sanctions.[243] Subsequent emails, brought forward under subpoena, quoted an vice-president characterized our approach to as a bluff when talking to Mark [Emmert president] ... He basically agreed [because Sanctions rescinded 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 13/40 think he understands that if we made this an enforcement issue, we may win the immediate battle but lose the war.\"[244] Another vice-president questioned the NCAA's investigation and enforcement process of Penn State, calling it \"a bit of a runaway train right now,\" and wrote that he had concerns regarding the NCAA's jurisdiction to sanction Penn State know we are banking on the fact [Penn State] is so embarrassed they will do anything.\"[244] The later rescinded many of the sanctions against Penn State. On September 24, 2013, the announced that Penn State's scholarships would be gradually restored until the number of scholarships reached the normal 85 for the 2016\u201317 year, the first year after Penn State's postseason ban.[245][246 year later, on September 8, 2014, the announced that Penn State would be eligible for the 2014 postseason and all scholarships would be restored in 2015.[247] Several months later, on January 16, 2015, the reinstated Paterno and Bradley's wins.[248] At least two Penn State trustees, as well as several alumni, criticized Erickson for accepting the sanctions as quickly as he had.[237] However, in a press conference shortly after the penalties were handed down, Erickson said that as harsh as they were, he had no choice but to accept them. According to Erickson, had Penn State not accepted the penalties, the would have gone in \"another direction\"\u2014one that would have included the canceling at least the 2012 season. Erickson said that under the circumstances, \"we had our backs to the wall,\" and he had no choice but to accept the consent decree since it was the only deal on offer.[249] Erickson subsequently told ESPN's John Barr that Penn State was facing as long as a four-year ban from play had it not agreed to the sanctions that were ultimately imposed.[250] Erickson went further on July 25, saying that Emmert had personally told him on July 17\u2014the day after Emmert's interview with Smiley\u2014that a majority of the leadership wanted to shut down Penn State football for four years. He also said that Penn State could have faced a host of other severe penalties, including a fine several times greater than the $60 million ultimately imposed. When Erickson learned this, he immediately started talks with the NCAA, and was able to get the death penalty taken off the table. Erickson discussed his actions with the board later that night, and the Board resolved that Erickson's actions were understandable under the circumstances.[251] Emmert and the Executive Committee's chairman, Oregon State president Edward John Ray, subsequently acknowledged that the had seriously considered imposing a death penalty, but denied that Penn State had been threatened with one had it not accepted the consent decree.[252] Ray, whose committee was charged by Emmert with designing the sanctions, told ESPN's Adam Rittenberg that while there was considerable debate about whether to include a death penalty among the sanctions, \"the overwhelming position of members of both the executive committee and the Division board was to not include suspension of play.\" He also \"categorically\" denied that the had threatened Penn State with a death penalty had it not accepted the sanctions, and added that using it as a backup in case of such a rejection was \"never even a point of discussion within either the executive committee or the Division board.\"[253] Emmert himself told ESPN's Bob Ley that the death penalty was \"unequivocally on the table\" as one of the possible sanctions. However, he said, Penn State's swift corrective measures after the scandal broke out in full\u2014 including forcing out Spanier and Paterno\u2014were significant factors in ultimately taking the death penalty off the table. \"Had Penn State not been as decisive as they were,\" Emmert said don't know what the outcome would have been, but suspect it would have been significantly worse.\" Emmert also repeated Ray's denial that Penn State had been threatened with a multi-year suspension had it not agreed to the penalties, saying there had been \"some confusion\" about those circumstances. He did say, however, that if Erickson and Penn State had not signed the consent decree, the would have launched a full-blown infractions investigation that would have had \"an unknown outcome.\"[254] Debate over suspension of the football program 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 14/40 In the consent decree itself, the acknowledged that there had been some discussion about imposing a \"death penalty,\" but noted that this severe penalty was primarily reserved for repeat violators who neither cooperated with the nor took any corrective measures once the violations came to light. However, it not only noted Penn State's swift corrective action, but also pointed out the school had never been the subject of a major infractions case before.[235] This stood in contrast to the situation at 25 years earlier; school officials at knew major violations were occurring and did nothing to stop them, and the school had been under nearly constant scrutiny from the for over a decade. On November 28, 2011, Fisher and his mother hired attorneys to pursue civil claims against both parties.[255] On November 30, the first lawsuit by a victim of sexual abuse was filed against Penn State and Sandusky alleging over 100 incidents of sexual abuse; the victim was identified in the suit only as \"John Doe A.\"[256 man claiming to be the previously unknown victim of the shower incident (\"Victim 2\") stepped forward through his lawyers in July 2012 and stated his intentions to file a lawsuit against Penn State. His lawyers, Ross Feller Casey LLP,[257] also released a pair of voicemails from September 2011[258] that were purportedly left for the firm's client by Sandusky.[259] On September 20, 2012, Penn State released an announcement that the institution had hired the law firm of Feinberg Rozen to assist in the handling of any personal injury lawsuits that could emerge as a result of the sexual abuse allegations that had been made against Sandusky. Erickson stated that Penn State's ultimate goal was to settle any civil cases in a way that would not force the victims to go through the legal process once again.[260] On October 2, McQueary sued Penn State in Centre County Court for a total of $8 million \u2013 demanding $4 million for alleged defamation due to Spanier's public statement of support for Curley and Schultz, and another $4 million for alleged misrepresentation after Schultz stated he would take appropriate action after the shower room incident McQueary witnessed. The suit alleges that McQueary was fired because he had cooperated with law enforcement and would serve as a witness in the trial of Schultz and Curley. McQueary was also seeking reinstatement of his job or compensation for lost wages.[261][262] On January 1, 2013, Governor Tom Corbett announced he would sue the in federal court over the sanctions imposed on Penn State. Although Corbett is an ex officio member of the board of trustees, Penn State was not involved in the suit. According to the AP, Corbett was filing an antitrust suit against the NCAA.[263] Though he had originally \"endorsed [the settlement in the immediate wake of the Freeh report] as 'part of the corrective process'\",[264] Corbett and other state lawmakers had recently begun to object to the prospect of the $60 million fine being spent mostly outside of Pennsylvania. One reason given for the objection is that there was no legal way Penn State could ensure that taxpayer money would not be used to pay the fine.[265] In sharply criticizing the governor's move in an editorial, The New York Times noted that Corbett \"barely mentioned the young victims\" in his statement. It continued: \"In his complaints, the governor only confirmed the inquiry finding that the university's obsession with football predominance helped drive the cover-up of Mr. Sandusky's crimes.\" It also noted that, in the suit, Corbett \"bypassed incoming state attorney general Kathleen Kane [who] in her election campaign last year ... promised to look into why it took so long for the pedophilia scandal to be investigated when Mr. Corbett previously served as attorney general\".[264] The Patriot-News said of the suit: \"[It] comes after a year of withering criticism of Corbett by some quarters of the Penn State community, which has seen the governor and his fellow trustees as too quick to brand former head coach Joe Paterno and others as fall guys for the Jerry Sandusky child sex abuse scandal.\"[266] On June 6, 2013, federal Middle District Judge Yvette Kane said she could not \"find any factual allegations\" and threw out the lawsuit calling, it \"a Hail Mary pass\" that easily warranted dismissal.[267] Civil lawsuits and subsequent developments 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 15/40 Matthew Sandusky, the adopted son of Jerry Sandusky, was also involved in lawsuits against Penn State. While Matthew originally took his adopted father's side when he was first questioned by the grand jury, he later revealed that Sandusky had started to sexually abuse him when he was 8 years old.[268] Ross Feller Casey went on to represent him in the civil lawsuit, and Matthew reached a settlement with Penn State. He was one of the 26 victims involved in the settlement amount that was reached in October 2013.[269] On August 16, 2013, a man known as Victim 5, who was sexually abused by Sandusky, was the first to settle his civil suit against Penn State for an undisclosed amount.[270] On October 28, Penn State reached settlements with 26 Sandusky victims, costing the university a total of $59.7 million.[271] Victim 6 filed a lawsuit against Penn State on January 22, 2013.[272] However, the lawsuit was dismissed on November 6 U.S. District Judge in Philadelphia ruled in favor of Penn State, stating that the university could not legally be held liable for Sandusky's actions simply because he was employed there. The judge stated that Victim 6 failed \"to explain how molestation was the kind of act that Penn State employed Sandusky to perform.\"[273] On November 21, Victim 9 sued Penn State, citing that the male victim had been unable to reach a settlement with the institution.[274] Stephen E. Raynes of Raynes McCarty released a statement that he and his team had been working closely with Michael Rozen to reach a settlement for Victim 9. Because of Penn State's refusal to compensate his client, they filed a civil lawsuit in an attempt to \"compel Penn State to finally fulfill its responsibilities to this young man.\"[275] On April 9, 2015, Penn State trustees voted to approve a settlement with \"one or more\" victims from the Sandusky scandal. While both the victims involved and the amount of the settlement remained confidential, another step was taken to provide justice to those who had suffered at the hands of Sandusky.[276] As of November 27, 2015, the total amount that Penn State owed victims of Sandusky was close to $93 million.[277] An audit of Penn State's financial statements for the 2015 financial year (ending June 30) revealed that the university had made new payments totaling $33.2 million that were all related to Sandusky. The audit also indicated that Penn State had already paid or agreed to pay 32 claims relevant to Sandusky.[278] In February 2012, Pennsylvania Manufacturers' Association Capital Insurance Company (PMACIC), Penn State's liability insurer, asked the Philadelphia Court of Common Pleas to limit its exposure from a lawsuit filed by an alleged victim of Sandusky due to both the time of coverage of the policies and possible \"intentional conduct\" of the university.[279 Capital Insurance Co. should not be confused with the Pennsylvania Manufacturers Association, which had a business relationship with Penn State dating back to the 1950s. The Association sold its insurance business to Capital Insurance Company of Blue Bell in 2004.[280 Capital Insurance Co, was sued by the university in February 2013 after the company refused to cover claims from thirty men alleging abuse by Sandusky.[281] As part of the litigation brought in a lawyer with expertise in sex abuse cases to examine how Penn State vetted claims before paying alleged victims. Noting a surprising lack of documentation, the lawyer wrote, \"It appears as though Penn State made little effort, if any, to verify the credibility of the claims.\"[282] Penn Live reported that a court order connected to the case stated that Paterno was allegedly told in 1976 about an accusation of sexual abuse by Sandusky documents alleged that a boy told Paterno he had been molested by Sandusky, who was then an assistant coach. The order also cited reports by unnamed assistant coaches who said they witnessed inappropriate contact between Sandusky and some children, according to the ruling by Philadelphia Judge Gary Glazer. Penn State spokesman Lawrence Lokman said university officials involved in cases related to the Sandusky scandal were aware of the new allegations contained in the insurance case broadly; Lokman said to Penn Live: \"Many, many people, potential victims and victims have come forward Pennsylvania Manufacturers' Association Insurance 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 16/40 to the university as part of that (settlement) process... We do not talk about their specific circumstances.\"[283][284][285 reported one of the victims, identified as Victim A, had told Paterno about an incident in a bathroom as early as 1971.[286 also reported that one former Penn State assistant coach witnessed an incident in the late 1970s, and three other coaches\u2014who have gone on to work in pro level and other colleges\u2014allegedly saw inappropriate conduct between Sandusky and young boys in the 1990s.[287] Risk management expert Raymond Williams identified three incidents with some of the assistant coaches on the Penn State staff at the time, and three others that were reported to university officials; and whether the key officials should have had knowledge about child sex-assault allegations involving Sandusky in each of the six different cases dating to 1976.[288] McQueary alleged former Penn State assistant coaches Greg Schiano and Tom Bradley knew about earlier transgressions by Sandusky. In a deposition related to the case, McQueary claimed that upon telling Bradley what he had seen, Bradley was not shocked and related a story about a time in the 1990s when Schiano had witnessed Sandusky doing something with a boy. Bradley and Schiano denied the allegations.[289][290][291] Paterno family members dismissed the accusations. Paterno's wife Sue said in a letter to the Board of Trustees: \"It is time to end this endless process of character assassination by accusation\" and asked board members to seek the truth \"in the spirit of our love for Penn State and our duty to the victims.\" Paterno's son Scott called the new claims \"bunk,\" and expressed on Twitter \"it would be great if everyone waited to see the substance of the allegation before they assume it's true. Because it's not.\"[292] Michael Boni, a plaintiff's lawyer in the Sandusky scandal, claimed \"the headlines of these stories is Paterno knew of Sandusky's molestation in the '70s, '76 or '77. I'm unaware of direct, irrefutable evidence that that's the case... believe me, I'm the last person to defend the guy, but am the first person to believe in our justice system. And think you need more than anecdotal evidence or speculative evidence.\"[292] Penn State president Eric Barron said the accusations were \"unsubstantiated and unsupported by any evidence other than a claim by an alleged victim\", and claimed the university is being subjected unfairly to \"rumor, innuendo and rush to judgment\". Barron acknowledged the school's board had spent tens of millions of dollars without making an effort to corroborate claims. \"None of these allegations ... has been substantiated in a court of law or in any other process to test their veracity,\" Barron wrote.[282] The university hired settlement experts Kenneth Feinberg and Michael Rozen to handle the claims.[293] The settlement agreements required victims to release several organizations, and anyone connected to them, from lawsuits, including The Second Mile. An Indianapolis attorney who represents sex abuse victims said, \"That's not normal. Why would Penn State care about The Second Mile?\" and that he had never encountered a defendant requesting a liability release for a separate organization.[282] Penn State alumni trustee Al Lord said, \"There's only one reason [for the release], and that was to protect ... members of the board who were involved at the Second Mile.\"[282] The trustee who chaired the board committee that oversaw negotiations was Ira Lubert, a friend of a former Second Mile board chair as well as part-owner of a summer camp The Second Mile visited. Nicholas Mirkay, a University of Hawaii law school professor and nonprofit governance expert, found it surprising Penn State leadership allowed a board member with even a tangential connection to the Second Mile to lead settlement negotiations.[282] In October 2016, a jury found that Penn State had defamed McQueary, and awarded him $7 million in damages.[294] Penn State appealed the ruling in November 2016,[295] and the case judge also awarded an additional almost $5 million to McQueary based on a separate charge that his firing was retaliation for whistleblowing.[296] McQueary eventually settled the case for an undisclosed amount before the appeal was heard.[297] McQueary vs. Penn State 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 17/40 In November 2016, the U.S. Department of Education announced that it sought to fine Penn State nearly $2.4 million for violating the Clery Act. The violations include failing to alert the public about Sandusky's conduct and other campus dangers.[298] Penn State officials have said that they will not appeal the fine.[299][300] Findings:[301] Finding #1: Clery Act violations related to the Sandusky matter (proposed fine: $27,500). Finding #2: Lack of administrative capability as a result of the University's substantial failures to comply with the Clery Act and the Drug-Free Schools and Communities Act throughout the review period, including insufficient training, support, and resources to ensure compliance (proposed fine: $27,500). Finding #3: Omitted and/or inadequate annual security report and annual fire safety report policy statements (proposed fine: $37,500). Finding #4: Failure to issue timely warnings in accordance with federal regulations. Finding #5: Failure to properly classify reported incidents and disclose crime statistics from 2008\u20132011 (proposed fine: $2,167,500). Finding #6: Failure to establish an adequate system for collecting crime statistics from all required sources (proposed fine: $27,500). Finding #7: Failure to maintain an accurate and complete daily crime log. Finding #8: Reporting discrepancies in crime statistics published in the annual security report and those reported to the department's campus crime statistics database (proposed fine: $27,500). Finding #9: Failure to publish and distribute an annual security report in accordance with federal regulations (proposed fine: $27,500). Finding #10: Failure to notify prospective students and employees of the availability of the annual security report and annual fire safety report (proposed fine: $27,500). Finding #11: Failure to comply with the Drug-Free Schools and Communities Act (proposed fine: $27,500). At the time of the sanctions, one columnist had characterized them (scholarship restrictions, a bowl ban, loss of revenue) as a fate \"worse than death\" for the Penn State football program \u2013 noncompetitiveness on the field.[302] In addition to the expected damage to future recruiting from those sanctions, the had enacted a temporary exception to transfer rules which allowed current scholarship players to leave the tainted program. Only one high profile player left State College,[303] and the football program did not experience a losing season between Paterno's firing and the first post-sanction bowl game. The football team posted winning records of 9\u20134 in 2011, 8\u20134 in 2012, 7\u20135 in 2013, and 7\u20136 in 2014. In 2015 the arrival of running back Saquon Barkley heralded 11 win seasons in 2016 and 2017. Penn State's Aa1 revenue-bond rating was \"placed on review for possible downgrade\" by Moody's Investors Service because of the scandal's possible effects on the university's finances.[304] After the school was removed from the watchlist in February 2012 and assigned a \"negative outlook\" within that rating class due to its \"ongoing uncertainty\", Moody's again considered downgrading the bond rating the following July.[305][306] In October 2012, Moody's downgraded Penn State's bond rating to Aa2 citing \"anticipation of the substantial financial impact on the university from the ultimate cost of future settlements and possible judgments\".[307] It would not be until February 2016 that Penn State would see its rating restored to Aa1, with Moody's citing a stable outlook and the university's ability to continue operating despite Pennsylvania's delay in enacting 2016 appropriations.[308] State Farm Insurance pulled its sponsorship of the Nittany Lions football team in July 2012, and asked the United States District Court for the Middle District of Pennsylvania to declare that there is no provision in its policy with Penn State to force the company to help pay for Sandusky's criminal defense bills or any punitive Fines for Clery Act Violations Impact 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 18/40 College football portal Law portal Pennsylvania portal damages that he has incurred.[309] Penn State reported that the school had spent $3.2 million on investigations, public relations, and legal advice in response to the scandal through the middle of February 2012.[310] On August 15, 2012, Penn State's regional accreditation was put on \"warning\" status due to the Sandusky scandal. The Middle States Commission on Higher Education, which accredits the university, continued to accredit Penn State but demanded a report addressing these.[311] In November, the warning status was lifted as the accreditor was \"impressed by the degree to which Penn State has risen, as a strong campus community, to recognize and respond to the sad events.\"[312] Paterno, a 2018 film about the Penn State case Baylor University sexual assault scandal involving football players Ohio State University abuse scandal involving 177 students and athletes United Kingdom football sexual abuse scandal involving British soccer teams Gymnastics sex abuse scandal associated with Michigan State University and involving over 265 female gymnasts Child abuse in association football 1. Ganim, Sara (November 17, 2011). \"Exclusive: Jerry Sandusky interview prompts long-ago victims to contact lawyer\" ( The Patriot-News. Harrisburg, Pennsylvania. Retrieved November 21, 2011. 2. \"Jerry Sandusky verdict: Complete breakdown of charges\" ( 06/jerry_sandusky_verdict_complet.html). Penn Live. June 22, 2012. Retrieved May 2, 2015. 3. \"Jerry Sandusky gets 30\u201360 years for molesting boys\" ( erry_sandusky_gets_30-60_year.html). The Patriot-News. PennLive. October 9, 2012. Retrieved October 9, 2012. 4. \"Two Top Officials Step Down Amid Penn State Scandal\" ( ep-down-amid-penn-state-scandal). Fox News. Associated Press. November 7, 2011. Retrieved November 9, 2011. 5. Freeh Sporkin & Sullivan (July 12, 2012). \"Report of the Special Investigative Counsel Regarding the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky\" (http:// media.pennlive.com/midstate_impact/other/REPORT_FINAL_071212.pdf) (PDF). Retrieved January 19, 2018. 6. Candiotti, Susan; Levs, Josh; Ariosto, David (July 12, 2012). \"Penn State leaders disregarded victims, 'empowered' Sandusky, review finds\" ( tion/index.html). CNN. Archived ( 7-12/us/us_pennsylvania-penn-state-investigation_1_jerry-sandusky-sandusky-trial-sandusky-scandal) from the original on July 31, 2012. Retrieved July 29, 2012. See also Film Similar cases References 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 19/40 7. Hobson, Will (December 28, 2017). \"Six years later, Penn State remains torn over the Sandusky scandal\" (htt ps:// Washington Post. Retrieved January 12, 2018. \"Jay Paterno (Joe Paterno's son and new alumni trustee) 'adamantly maintains his father didn't know the truth about Sandusky, pointing to the only piece of evidence he thinks matters: His father allowed his children and his grandchildren to spend time around Sandusky until months before his arrest.' \" 8. Prisbell, Eric (July 22, 2012 hands out severe punishment for Penn State\" ( m/sports/college/football/bigten/story/2012-07-23/ncaa-penn-state-punishment-sanctions/56427630/1 Today. 9. Kane, Colleen (July 23, 2012 punishes Penn State\" ( aa-punishes-penn-state/). Chicago Tribune. Archived ( icles.chicagotribune.com/2012-07-23/sports/ct-spt-0724-penn-state--20120724_1_david-joyner-penn-state-n caa-president) from the original on July 29, 2012. Retrieved April 18, 2018. 10. Hobson, Will (December 28, 2017). \"Six years later, Penn State remains torn over the Sandusky scandal\" (htt ps:// Washington Post. Retrieved January 12, 2018. \"The case produced evidence embarrassing for the NCAA. One staffer, in an email, wrote that punishments for Penn State would be unneeded and excessive, but 'new leadership is extremely image conscious, and if they conclude that pursuing allegations against would enhance the association's standing with the public, then an infractions case could follow.' ... Matthew Haverstick, attorney for state Sen. Jake Corman (R): 'Our read of the evidence was that the board of directors and the Penn State board of trustees were being played off one another by the C-suite executives,\" Haverstick said. \"They had wildly different understandings about what was happening around them at that time.' \" 11. Morcroft, Greg (July 23, 2012). \"Big Ten fines Penn State $13 mln in Sandusky case\" ( h.com/story/big-ten-fines-penn-state-13-mln-in-sandusky-case-2012-07-23). MarketWatch. Retrieved July 23, 2012. 12. \"Thornburgh: Penn State, release Freeh report documents\" ( -State-release-Freeh-report-documents.html). April 16, 2015. Retrieved October 2, 2015. 13. Thornburgh, Dick (February 11, 2013). \"Freeh hastily misjudged Paterno: Column\" ( m/story/opinion/2013/02/11/paterno-report-thornburgh/1910529 Today. Retrieved October 2, 2015. 14. \"Penn State President Eric Barron to review Freeh Report\" ( p:// The Morning Call. November 15, 2014. Archived from the original ( c-penn-state-president-review-freeh-report-20141115-story.html) on November 7, 2017. Retrieved January 24, 2019. 15. \"Joe Paterno's Penn State wins restored\" ( tate-wins-restored). Sports Illustrated. January 16, 2015. Retrieved January 16, 2015. 16. Thompson, Charles (March 25, 2017). \"Jury reaches split verdict in trial of ex president Graham Spanier\" ( Penn Live. Retrieved June 3, 2017. 17. Bauer, Alex (March 24, 2017). \"Louis Freeh Calls For President Barron's Resignation, Bashes Penn State Administrators After Spanier Verdict\" ( ns-resignation-bashes-penn-state-administrators-after-spanier-verdict/). OnwardState.com. Retrieved December 3, 2017. 18. Hobson, Will (December 28, 2017). \"Six years later, Penn State remains torn over the Sandusky scandal\" (htt ps:// Washington Post. Retrieved January 12, 2018. \" 'No one was convicted of a conspiracy,\" said alumni trustee Alice Pope, a psychology professor at St. John's University. \"So there was no coverup.' \" 19. Hobson, Will (December 28, 2017). \"Six years later, Penn State remains torn over the Sandusky scandal\" (htt ps:// Washington Post. Retrieved January 12, 2018. \"When Curley and Schultz appeared on the stand, however, they said the same things their lawyers had said for five years. Paterno had told them someone saw Sandusky \"horsing around\" with a boy. They didn't think Sandusky was a pedophile; they thought he had \"boundary issues.\" When they met with McQueary, he did not describe witnessing a sexual assault. ... [Of] 12 people who knew in 2001 that an assistant had been disturbed by something he saw in a shower involving Sandusky and a boy, none ... said anyone at Penn State urged them not to contact authorities.\" 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 20/40 20. Hurdle, John; P\u00e9rez-Pe\u00f1a, Richard (June 2, 2017). \"Former Penn State President Gets Jail Time in Child Molestation Scandal\" ( sentence.html). The New York Times. Retrieved June 2, 2017. 21. Thompson, Charles (April 30, 2019). \"Former Penn State President Graham Spanier's conviction overturned on eve of heading to prison\" ( html). Pennlive.com. Retrieved May 1, 2019. 22. \"Appeals Court Reinstates Graham Spanier's Conviction in Penn State, Jerry Sandusky Child Abuse Scandal\" ( state-jerry-sandusky-child-abuse-scandal/). December 2020. 23. \"Sandusky, Penn State case timeline\" ( enn-state-sex-abuse-case). ESPN. November 9, 2011. Retrieved November 9, 2011. 24. Wetzel, Dan (November 5, 2011). \"Penn State's insufficient action amid child sex allegations stunning\" (http s://web.archive.org/web/20120425150554/ =urn:newsml:sports.yahoo,yhoo:20050301:ncaaf,article,dw-wetzel_penn_state_child_sex_case_110511:1&.t s=1320564205&.ysid=YrvwsCSswypAL.sUbZLwWEwk&.intl=US&.lang=en). Yahoo! Sports. Archived from the original ( hoo%2Cyhoo%3A20050301%3Ancaaf%2Carticle%2Cdw-wetzel_penn_state_child_sex_case_110511%3A1 &.ts=1320564205&.ysid=YrvwsCSswypAL.sUbZLwWEwk&.intl=US&.lang=en) on April 25, 2012. Retrieved November 6, 2011. 25. Lentz, Charlie (March 27, 2007). \"Sandusky Second to None\" ( pennstate.scout.com. Archived from the original ( scout.com/2/630302.html) on July 16, 2011. 26. Armas, Genaro C.; Scolford, Mark (November 6, 2011). \"Jerry Sandusky Charged With Sexual Abuse: Did Penn State Officials Tim Curley, Gary Schultz It Cover Up?\" ( -sandusky-penn-state-child-sex-scandal-curley-schultz-cover-up_n_1078493.html). The Huffington Post. New York City: Huffington Post Media Group. Retrieved November 6, 2011. 27. \"Offering Sandusky to Altoona troubling\" ( onamirror.com/page/content.detail/id/555789/Offering-Sandusky-to-PSU-Altoona---.html). Altoona Mirror. November 27, 2011. Archived from the original ( Offering-Sandusky-to-PSU-Altoona---.html) on December 6, 2014. Retrieved September 9, 2014. 28. Fontaine, Tom (November 6, 2011). \"Three charged in Penn State sex crime case\" ( eb/20111111032827/ Pittsburgh Tribune- Review. Pittsburgh, Pennsylvania: Tribune-Review Publishing Company. Archived from the original ( w.pittsburghlive.com/x/pittsburghtrib/news/s_765879.html) on November 11, 2011. Retrieved November 6, 2011. 29. Thompson, Charles (August 8, 2018). \"What is a grand jury, and how does it work?\" ( m/news/2018/08/what_is_a_grand_jury.html). Penn Live Patriot News Media Group. Retrieved December 20, 2013. 30. Blehar, Ray (July 24, 2013). \"Sandusky Scandal Report 3\" ( abJSUh8A75hjmolQ;_ylu=X3oDMTByNzhwY2hkBHNlYwNzcgRwb3MDMgRjb2xvA2dxMQR2dGlkAw--/SIG= 11qqdcr1u/EXP=1387452900/**http%3a//sanduskyreports.com/report3.pdf) (PDF). p. 7. Retrieved December 18, 2013. 31. Begos, Kevin; Scolforo, Mark (November 12, 2011). \"Sandusky Had Access to Vulnerable Kids Via Charity\" ( News. Associated Press. Retrieved November 16, 2011. 32. Cuomo, Chris (October 12, 2012). \"Sandusky Victim 1 Steps Out of Shadows, Says Justice Took Too Long\" ( ue). 20/20 News. 33. Ganim, Sara (November 4, 2011). \"Jerry Sandusky, a Penn State University football legend and founder of The Second Mile, faces charges of sex crimes\" ( ndusky_a_penn_state_un.html). The Patriot-News. Harrisburg, Pennsylvania: Advance Publications. Retrieved November 5, 2011. 34. Ganim, Sara (March 31, 2011). \"Jerry Sandusky, former Penn State football staffer, subject of grand jury investigation\" ( The Patriot-News. Harrisburg, Pennsylvania: Advance Publications. Retrieved November 13, 2011. 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 21/40 35. 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As was in \u2013 in that 48-hour time period read the grand jury presentment reached the conclusion that given what had become public about the issues leading up to the presentment and given what was said in the presentment itself about Coach Paterno's testimony and about what the graduate student said to Coach Paterno felt that it would not send the right message if Coach Paterno was able to lead the football team out onto the field of play under those circumstances. So didn't change my mind on the question of whether we had established all the key facts that related to Coach Paterno's involvement and/or responsibility. 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Retrieved January 12, 2018. 283. \"Child told Paterno of sex abuse in 1976, court papers allege\" ( filing_says_joe_paterno.html). Penn Live. May 6, 2016. Retrieved May 20, 2016. 284. \"Report: Joe Paterno allegedly told of Jerry Sandusky sex abuse in 1976\" ( ports/ncaaf/bigten/2016/05/05/penn-state-jerry-sandusky-sex-abuse-joe-paterno/83994036 Today. May 6, 2016. Retrieved May 20, 2016. 285. \"Passion, pain reignited over new Penn State abuse claims\" ( ttp:// n-state-abuse-claims). Associated Press. Archived from the original ( 834439bb627254f1ab138a/passion-pain-reignited-over-new-penn-state-abuse-claims) on May 8, 2016. Retrieved May 20, 2016. 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 37/40 286. 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Archived from the original ( ibune.com/business/breaking/chi-state-farm-pulls-sponsorship-of-penn-st-football-20120724,0,523618.story) on July 24, 2012. Retrieved July 24, 2012. 310. Warner, Dave (February 14, 2012). Goldberg, Barbara; McCune, Greg (eds.). \"Penn State spends $3.2 million on sex abuse scandal\" ( 20214). Reuters. Retrieved February 14, 2012. 311. \"Penn State receives accreditation warning\" ( ing-062847334--spt.html). Yahoo News. August 14, 2012. Retrieved May 2, 2015. 312. DeSantis, Nick (November 16, 2012). \"Accreditor Lifts Warning Placed on Penn State for Handling of Sex- Abuse Scandal\" ( of-sex-abuse-scandal/51926). The Chronicle of Higher Education. Retrieved November 17, 2012. Moushey, Bill; Dvorchak, Robert (2012). Game Over: Jerry Sandusky, Penn State, and the Culture of Silence ( HarperCollins 9780062201133. Fisher, Aaron; Gillum, Michael; Daniels, Dawn (2012). Silent No More: Victim 1's Fight for Justice Against Jerry Sandusky. Ballantine Books 978-0345544162. Smith, Ronald A. (2016). Wounded Lions: Joe Paterno, Jerry Sandusky, and the Crises in Penn State Athletics. University of Illinois Press 978-0-252-08149-1. Pendergrast, Mark (2017). The Most Hated Man in America: Jerry Sandusky and the Rush to Judgement. Sunbury Press 978-1620067659. Sandusky, Penn State case timeline ( nn-state-nittany-lions-sex-abuse-case) Further reading External links 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 39/40 Jerry Sandusky ( collected news and commentary from the Patriot- News. The Freeh Report ( its full title is Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky. Retrieved from \" 2/27/25, 6:56 Penn State child sex abuse scandal - Wikipedia 40/40"} |
7,519 | Lance Duerfarhrd | Purdue University | [
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] | {"7519_101.pdf": "\uf0e743 weather alerts \uf002 \uf26c Watch Now Quick links... By: Katie Cox Lawsuit accuses former Purdue professor of sexual assault, claims school didn't react to allegations \uf09a\ue61b\uf0e0 The suit claims professor Lance Duerfahrd groped a student as early as 2011 and sexually assaulted another student at his home and his office in 2016. Menu 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 1/8 Posted 10:43 PM, Sep 20, 2018 and last updated 10:28 AM, Sep 21, 2018 LAFAYETTE, Ind lawsuit filed against a former Purdue University English professor claims he sexually assaulted students on a number of occasions. The suit claims professor Lance Duerfahrd groped a student as early as 2011 and sexually assaulted another student at his home and his office in 2016. Court documents sent to RTV6 Thursday evening by Massillamany Jeter & Carson detail the allegations against Duerfahrd by a \"Jane Doe.\" The plaintiff in that lawsuit is also suing Purdue University, claiming they failed to protect students or take action against the professor when administrators learned of the allegations against him. Purdue released a statement Friday morning, saying the university acted \"swiftly and decisively.\" Read the full statement below: Read More 00:00 00:00 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 2/8 Purdue has not yet received the complaint announced by the California law firm\u2019s press release, but we are well familiar with the underlying matter. Upon receiving notice of the allegations, the university acted swiftly and decisively. In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct. Immediately upon learning of the complaint against Mr. Duerfahrd, Purdue placed him on leave, ordered him to have no contact with students, and launched an investigation. Upon conclusion of the investigation, which substantiated the claim, Mr. Duerfahrd resigned under threat of termination. The entire matter was resolved in a matter of months. Purdue takes very seriously its responsibility to provide a safe education environment for it students. The university does not and will not tolerate such misconduct by any member of its community, including faculty, regardless of their rank or tenure. This case proves it | Harrison College closing all Indiana campuses | Greenfield parents upset after students get breadsticks formainentree at lunch | Nearly 500 mosquitos in 57 countiestestpositive for West Nile | Indiana teen charged inmurderof 2 siblings | Woman dies after road rage shooting Top Trending Videos 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 3/8 February Food Stamps issued early for shutdown February Food Stamps issued early for shutdown Copyright 2018 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Breaking News Newsletter and receive up to date information. E-mail Submit 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 4/8 Trump Said He\u2019s Bringing Back. Tax Experts Say It\u2019s Not so Easy. Paid Content: Mansion Global Gene Hackman, wife Betsy Arakawa and dog were dead for some tim Indianapolis Semi-truck driver charged with reckless homicide in crash that Indianapolis Silver Alert issued for missing 66-year-old woman from Warsaw Indianapolis 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 5/8 Doctors Discover: The Real Cause of Belly Fat \u2013 And It\u2019s Not Food! Paid Content: News - Health 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 6/8 Indianapolis Local News Weather Indianapolis Interactive Traffic Map Sports Entertainment Life Marketplace Don't Waste Your Money Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public Files Application Public File Contact Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way Switch to This Japanese Cleaning Innovation \u2013 Loved by Households in Punjab! Paid Content: siteweb \uf09a \uf16d \ue61b \uf167 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 7/8 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 8/8", "7519_102.pdf": "\uf0e743 weather alerts \uf002 \uf26c Watch Now Quick links Lawsuit accuses former Purdue professor of sexual assault, claims school didn't react to allegations \uf09a\ue61b\uf0e0 Menu 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 1/8 By: Katie Cox Posted 10:43 PM, Sep 20, 2018 and last updated 10:28 AM, Sep 21, 2018 LAFAYETTE, Ind lawsuit filed against a former Purdue University English professor claims he sexually assaulted students on a number of occasions. The suit claims professor Lance Duerfahrd groped a student as early as 2011 and sexually assaulted another student at his home and his office in 2016. The suit claims professor Lance Duerfahrd groped a student as early as 2011 and sexually assaulted another student at his home and his office in 2016. 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 2/8 Court documents sent to RTV6 Thursday evening by Massillamany Jeter & Carson detail the allegations against Duerfahrd by a \"Jane Doe.\" The plaintiff in that lawsuit is also suing Purdue University, claiming they failed to protect students or take action against the professor when administrators learned of the allegations against him. Purdue released a statement Friday morning, saying the university acted \"swiftly and decisively.\" Read the full statement below: Purdue has not yet received the complaint announced by the California law firm\u2019s press release, but we are well familiar with the underlying matter. Upon receiving notice of the allegations, the university acted swiftly and decisively. In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct. Immediately upon learning of the complaint against Mr. Duerfahrd, Purdue placed him on leave, ordered him to have no contact with students, and launched an investigation. Upon Read More 00:00 02:00 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 3/8 conclusion of the investigation, which substantiated the claim, Mr. Duerfahrd resigned under threat of termination. The entire matter was resolved in a matter of months. Purdue takes very seriously its responsibility to provide a safe education environment for it students. The university does not and will not tolerate such misconduct by any member of its community, including faculty, regardless of their rank or tenure. This case proves it | Harrison College closing all Indiana campuses | Greenfield parents upset after students get breadsticks formainentree at lunch | Nearly 500 mosquitos in 57 countiestestpositive for West Nile | Indiana teen charged inmurderof 2 siblings | Woman dies after road rage shooting Top Trending Videos February Food Stamps issued early for shutdown February Food Stamps issued early for shutdown Copyright 2018 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. 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Paid Content: Tips and Tricks 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 7/8 Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public Files Application Public File Contact Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way 2/27/25, 6:56 Purdue releases statement on sex assault lawsuit 8/8", "7519_103.pdf": "1 Shares by Staff Reports Posted: Sep 21, 2018 / 11:23 / Updated: Sep 21, 2018 / 11:23 LAFAYETTE, Ind federal lawsuit has been filed against Purdue accusing the university of not properly responding to an extensive sexual assault case between a former English professor and one of his female Lawsuit accuses Purdue University of mishandling sexual assault case 1 Presented By Listen to this article 1.0x Audio by Carbonatix 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 1/8 students. Lance Duerfahrd was an English professor who became the director of Film and Video Studies program. He received tenure in 2012, the same year the lawsuit claims the university first discovered he was sexually assaulting students. The lawsuit also claims he had other inappropriate relationships with subordinates in the English Department and the College of Liberal Arts. The actions described in the suit would have been in direct violation of Purdue\u2019s policy on amorous relationships. The lawsuit claims a student brought her experience to her academic advisor during the spring semester of 2012. The advisor then brought the information to the English Department head at the time. Duerfahrd received tenure that fall semester. The lawsuit describes an earlier incident in October 2011 when Duerfahrd took a group of students out to a bar for drinks. It claims he pushed a female graduate student up against a wall and sexually assaulted her. \u201cIt\u2019s kind of scary,\u201d said Kat Kirby, a junior at Purdue honestly never would have thought that it would happen here. I\u2019ve heard it happen everywhere else, but can\u2019t fathom that.\u201d The plaintiff in the suit describes her personal encounters with Duerfahrd as starting in the fall semester of 2016, when she enrolled in one of his film classes. The suit says the issues started with demanding she attend office hours, where reports say he talked little of academics and much of personal matters. Video: Refugees taken onboard by a cruise ship between Cuba and Mexico 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 2/8 The lawsuit claims he began to question her commitment to her classes as he began to pressure her to meet outside of the classroom. The plaintiff said Duerfahrd began picking her up from her personal residence to take her to isolated places. She said she was worried that her failure to submit to her professor\u2019s demands would cause her grades to suffer. Students said that was a clear abuse of power. \u201cThey had a man in authority over them trying to take advantage of them because he had power over them, which is really disconcerting,\u201d said Purdue junior Neely Plaspohl. The lawsuit said their interactions came to an end after he convinced her to come to his house where he sexually assaulted her multiple times. The report said the plaintiff entered the fall semester of 2016 with a 3.78 GPA, which lowered during that semester, and that the plaintiff\u2019s mental and physical health deteriorated would have been so scared would have been terrified,\u201d said Kirby would have not known what to do and would have been so scared to tell anybody.\u201d The school said it had no knowledge of the claim until 2017. Tim Doty, director of Public Information and Issues Management for Purdue, sent the following statement: Upon receiving notice of the allegations, the university acted swiftly and decisively. In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct. Immediately upon learning of the complaint against Mr. Duerfahrd, Purdue placed him on leave, ordered him to have no contact with students, and launched an investigation. Upon conclusion of the investigation, which substantiated the claim, Mr. Duerfahrd resigned under threat of termination. The entire matter was resolved in a matter of months. Purdue takes very seriously its responsibility to provide a safe education environment for it students. The university does not and will not tolerate such misconduct by any member of its community, including faculty, regardless of their rank or tenure. This case proves it. Doty confirmed that Duerfahrd resigned in August of 2017. Students think something should have been done sooner know things like that take a long time to process but it doesn\u2019t change the fact that it should have been acted upon earlier,\u201d said Plaspohl. 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 3/8 The lawsuit accuses the university of violation of Title and negligent retention and supervision and accuses Duerfahrd of sexual assault, sexual battery and intentional infliction of emotional distress. Students want to know that they are protected by their institution. \u201cWe\u2019re here to learn,\u201d said Plasphol. \u201cWe\u2019re not here to date our professors, we\u2019re not here to be sexually harassed by our professors.\u201d The lawsuit said the plaintiff transferred from Purdue during the summer of 2017 and is still trying to complete her undergraduate degree 30,967 Views AIRPOR... \uf09a\ue61b\uf0e0 4 STR... \uf09a\ue61b\uf0e0 2 IN... 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 4/8 Artists\u2019 exhibit celebrates women\u2019s boldness,... Entertainment / February 27, 2025 Indiana gym where \u2018Hoosiers\u2019 was... Local News / February 27, 2025 Attorney general\u2019s \u2018breaking news\u2019 on 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 5/8 Political News / February 27, 2025 Measles vaccination rates declining among... I-Team 8 / February 27, 2025 Leon Tailoring Co. in downtown... Business / February 27, 2025 Gov. Braun: Martin University has... Political News / February 27, 2025 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 6/8 Gov. Braun orders tighter unemployment... Political News / February 27, 2025 Group aims to donate 500... Multicultural News / February 27, 2025 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 7/8 \u00a9 2025 (WNDY) 47\u00b0\uf011 2/27/25, 6:57 Lawsuit accuses Purdue University of mishandling sexual assault case - Indianapolis News | Indiana Weather | Indiana Traffic | WIS\u2026 8/8", "7519_104.pdf": "\u25e6Advertise With Us \u25e6Jobs at \u25e6Digital Marketing \u25e6Our Apps +o \u2212 Purdue and former professor being sued for neglecting extensive sexual abuse case Purdue University and a former English professor are facing a federal lawsuit regarding the sexual abuse. Posted: Sep 21, 2018 7:43 Updated: Sep 21, 2018 7:51 Posted By: Anna Darling LAFAYETTE, Ind federal lawsuit has been filed against Purdue accusing the university of not properly responding to an extensive sexual assault case between a former English professor and one of his female students. The former professor's name is Lance Duerfahrd. He was an English professor who became the Director of Film and Video Studies program. He received tenure in 2012. That's the same year the lawsuit claims the university first discovered he was sexually assaulting students. It also claimed he had other inappropriate relationships with subordinates in the English Department and the College of Liberal Arts. Something that is in direct violation of Purdue\u2019s policy on amorous relationships. q : Flood Warning View Alerts Page 3 of 12 Purdue and former professor being sued for neglecting extensive sexual abuse case 5/30/2019 Visited on 05/30/2019 It claimed a student brought her experience to her academic advisor during the spring semester of 2012. The advisor then brought the information to the English Department head at the time. Duerfahrd received tenure that fall semester. Another incident dated back to October of 2011 claimed Duerfahrd took a group of students out to a bar for drinks. It reported he then pushed a female graduate student up against a wall and sexually assaulted her. \u201cIt's kind of scary,\u201d said Kat Kirby, a junior at Purdue honestly never would have thought that it would happen here. I've heard it happen everywhere else but can't fathom that.\u201d But the Plaintiff dated all of her personal encounters with Duerfahrd to the fall semester of 2016, when she enrolled in one of his film classes. It started with demanding she attend office hours where reports say he talked little of academics and much of personal matters. The lawsuit said he began to question her commitment to her classes as he began to pressure her to meet outside of the classroom. The Plaintiff said Duerfahrd began picking her up from her personal residence to take her to isolated places. She said she was worried that her failure to submit to her professor\u2019s demands would cause her grades to suffer. Something students said is a clear abuse of power. \"They had a man in authority over them trying to take advantage of them because he had power of them, which is really disconcerting,\" said Purdue junior Neely Plaspohl. The lawsuit said their interactions came to an end after he convinced her to come to his house where he sexually assaulted her multiple times. The report said the Plaintiff entered the fall semester of 2016 with a 3.78 grade point average. An average the lawsuit said went down during this semester, and that the Plaintiff's mental and physical health deteriorated would have been so scared would have been terrified,\u201d said Kirby would have not known what to do and would have been so scared to tell anybody.\" However the school had a different account of what happened. The school said it had no knowledge of the claim until 2017. Tim Doty, Director of Public Information and Issues Management for Purdue, sent the following statement: \u201cUpon receiving notice of the allegations, the university acted swiftly and decisively. In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct. Immediately upon learning of the complaint against Mr. Duerfahrd, Purdue placed him on leave, ordered him to have no contact with students, and launched an investigation. Upon conclusion of the investigation, which substantiated the claim, Mr. Duerfahrd resigned under threat of termination. The entire matter was resolved in a matter of months. Purdue takes very seriously its responsibility to provide a safe education environment for it students. The university does not and will not tolerate such misconduct by any member of its community, including faculty, regardless of their rank or tenure. This case proves it.\u201d Page 4 of 12 Purdue and former professor being sued for neglecting extensive sexual abuse case 5/30/2019 Visited on 05/30/2019 Doty confirmed that Duerfahrd resigned in August of 2017. Students think something should have been done sooner know things like that take a long time to process but it doesn\u2019t change the fact that it should have been acted upon earlier,\" said Plaspohl. The lawsuit is accusing the university for violation of Title and negligent retention and supervision. It is accusing Duerfahrd of sexual assault, sexual battery, and intentional infliction of emotional distress. Students now just want to know that they are protected by their institution. \"We're here to learn,\u201d said Plasphol. \u201cWe're not here to date our professors, we're not here to be sexually harassed by our professors.\u201d The lawsuit said the Plaintiff transferred from Purdue during the summer of 2017 and is still trying to complete her undergraduate degree. 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Article Comments Page 5 of 12 Purdue and former professor being sued for neglecting extensive sexual abuse case 5/30/2019 Visited on 05/30/2019", "7519_105.pdf": "Former Purdue professor accused of sexually assaulting student at the school Published 2:55 p.m Sept. 21, 2018 woman's lawsuit alleges that a former Purdue University professor sexually assaulted her on multiple occasions while she was his student at the school. Purdue, which is also named as a defendant in the case, said in a statement that the university received a complaint about the professor, Lance Duerfahrd, and it \"substantiated the claim.\" The statement said Duerfahrd resigned under threat of termination. \"Upon receiving notice of the allegations, the university acted swiftly and decisively,\" the statement said. \"In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct.\" The lawsuit, however, accuses the university of \"deliberate indifference.\" It says Purdue knew about the professor's sexual harassment and abuse of female students for at least four years before the plaintiff says she was assaulted, in 2016. Duerfahrd could not be immediately reached for comment. The woman is anonymous in the lawsuit. Duerfahrd was a tenured professor of Film Studies, according to the lawsuit, and the accuser was a student in two of his classes in Fall 2016. The professor convinced the woman to take a one-on-one independent study class with him, according to the complaint. He preyed on the woman's concern about her grades to arrange meetings, the complaint says, and assaulted her three times. \"Duerfahrd told her that she did not have to worry about her performance in class as long as she complied with his sexual demands,\" the lawsuit says. Mark Alesia IndyStar 2/27/25, 6:57 Former Purdue professor accused of sexually assaulting student 1/2 Contact Mark Alesia at (317) 444-6311. Follow him on Twitter: @markalesia. 2/27/25, 6:57 Former Purdue professor accused of sexually assaulting student 2/2", "7519_106.pdf": "From Casetext: Smarter Legal Research Doe v. Purdue Univ Apr 30, 2019 NO.: 4:18-CV-72 (N.D. Ind. Apr. 30, 2019) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free NO.: 4:18-CV-72 04-30-2019 DOE, Plaintiff, v and DUERFAHRD, Defendants Sign In Search all cases and statutes... Opinion Case details 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 1/9 This matter is before the Court on Plaintiff Jane Doe's Notice of Ex Parte Motion to Proceed Under Psuedonym 1], filed September 20, 2018. Plaintiff seeks to proceed in this action using a pseudonym because of the \"sensitive and exceptional\" nature of her allegations. Defendant Purdue University responded on March 6, 2019, indicating that it did not object to the request. Defendant Lance Duerfahrd responded on March 18, 2019, objecting to the request. Plaintiff replied to Duerfahrd's response on March 25, 2019. I. Background Plaintiff Doe, who was a student at Purdue University, alleges that she was repeatedly sexually assaulted by Defendant Duerfahrd, a professor at Purdue. The Complaint alleges, in brief: Plaintiff was a student in two of Duerfahrd's classes in 2006. Duerfahrd began a relationship with Plaintiff wherein he induced her to spend time with him, purportedly for necessary academic reasons. The interactions quickly became personal and intrusive and had no academic purpose. Plaintiff alleges that Duerfahrd violently sexually assaulted her on multiple occasions, and the Complaint includes lengthy and graphic descriptions of the alleged assaults. Plaintiff sued Duerfahrd for sexual assault, sexual battery, and international infliction of emotional distress, and sued Purdue for negligent retention and supervision and violation of Title of the Educational Amendments of *2 1972. 2 Plaintiff seeks to proceed in this action using a pseudonym because of the privacy concerns implicated by her allegations. Defendant Purdue does not object to the request. Defendant Duerfahrd argues that these are not \"exceptional circumstances\" that merit a pseudonym, that Plaintiff intentionally used overly graphic details in the Complaint to attack his reputation, and that fairness requires that she \"stand behind\" her claims publicly. II. Analysis Federal Rule of Civil Procedure 17 requires that civil actions be prosecuted in the name of the real party in interest. See Fed. R. Civ. P. 17. The Seventh Circuit Court of Appeals has explained that \"[t]he use of fictitious names is disfavored, and the judge has an independent duty to determine whether 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 2/9 Doe v. Purdue Univ., 321 F.R.D. 339, 341 (N.D. Ind. 2017) (citing Doe v. Ind. Black Expo, Inc., 923 F.Supp. 137, 140 (S.D. Ind. 1996)); see also Doe v. Trustees of Ind. Univ., No. *3 1:12-CV-1593-JMS-DKL, 2013 3353944, at *3 (S.D. Ind. July 3, 2013); Noe v. Carlos, No. 2:08 227, 2008 5070463, at *2-3 (N.D. Ind. Nov. 26, 2008) (considering the same factors). The Court should also consider whether a less restrictive alternative could protect the parties' legitimate interests. Doe v. Purdue Univ., 321 F.R.D. at 341 (citing Ind. Black Expo, Inc., 923 F.Supp. at 140). Factors 1, 2, 4 and 5 are relevant to this case, and the Court considers each in turn. exceptional circumstances justify such a departure from the normal method of proceeding in federal courts.\" Doe v. Blue Cross and Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997); see also Doe v. City of Chicago, 360 F.3d 667, 669 (7th Cir. 2004) (\"The presumption that parties' identities are public information . . . can be rebutted by showing that the harm to the [movant] . . . exceeds the likely harm from concealment.\"). Although there is no single test to define those circumstances, district courts in the Seventh Circuit have considered the following non-exclusive list of factors: (1) whether the plaintiff is challenging governmental activity; (2) whether the plaintiff would be required to disclose information of the utmost intimacy; (3) whether the plaintiff would be compelled to admit his or her intention to engage in illegal conduct, thereby risking criminal prosecution; (4) whether the plaintiff would risk suffering injury if identified; and (5) whether the party defending against a suit brought under a pseudonym would be prejudiced. 3 The first factor is whether the plaintiff is challenging governmental activity. See Does v. City of Indianapolis, Ind., No. 1:06-CV-865-RLY-WTL, 2006 2289187, at *2 (S.D. Ind. Aug. 7, 2006) (reasoning that when suing the government, a plaintiff \"presumably represents a minority interest . . . and there is arguably a public interest in a vindication of his rights. In addition, the government is viewed as having a less significant interest in protecting its reputation from damaging allegations than the ordinary individual defendant.\") (quoting v. New York Blood Ctr., 213 F.R.D. 108, 111 (E.D.N.Y. 2003)). 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 3/9 Although Purdue is a government entity, Duerfahrd argues that the first factor should not apply, because there is no concern of Purdue retaliating against Plaintiff, and because Duerfahrd has a similar interest in protecting his reputation to that of an ordinary individual defendant. Duerfahrd cites no authority for the proposition that the first factor relies on the threat of government reprisal, and Plaintiff does argue a risk of reprisal - specifically, related to her potential need to secure recommendations from Purdue or its employees to continue her academic career. Duerfahrd is an individual defendant who no longer works at Purdue, and at this point has no less significant interest than an ordinary defendant in protecting his reputation. Nonetheless, Plaintiff is challenging governmental activity within her lawsuit, including activity by Purdue itself and activity by Duerfahrd while he was a government employee. Those circumstances support Plaintiff's request to use a pseudonym. *4 4 The second factor is whether the plaintiff would be required to disclose \"information of the utmost intimacy.\" Plaintiff argues that the use of a pseudonym has been used to protect alleged victims of sexual assault, while Duerfahrd points to cases in which alleged sexual assault victims were not permitted a pseudonym. In addition, Duerfahrd says that the Complaint includes detail that was \"well beyond\" what was necessary to state a claim, which he says weighs against the \"intimacy\" of the information. Although the mere revelation of a plaintiff's sexual history does not justify anonymity, the Seventh Circuit Court of Appeals has frequently listed sexual assault as an exceptional circumstance that can justify a pseudonym. See, e.g., Doe v. Vill. of Deerfield, 819 F.3d 372, 377 (7th Cir. 2016) (stating that fictitious names can be warranted in protecting the identities of \"rape victims\"); Doe v. Chicago, 360 F.3d at 669 (suggesting that anonymity can be appropriate where the plaintiff is \"a rape or torture victim\"); Doe v. Blue Cross, 112 F.3d at 872 (\"[F]ictitious names are allowed when necessary to protect the privacy of children, rape victims, and other particularly vulnerable parties.\"); see also Doe v. St. Clair Cty., No. 18-CV-380-SMY-SCW, 2018 1071744, at *1 (S.D. Ill. Feb. 26, 2018) (holding that \"the highly sensitive, personal nature\" of the alleged sexual assault justified a pseudonym); Doe v. Purdue Univ., 321 F.R.D. at 342 (permitting a pseudonym in a sexual assault case and listing similar cases in the university context). 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 4/9 Duerfahrd relies heavily on Doe v. Butler University, in which the court denied the plaintiff's request to use a pseudonym and noted that the intimate facts in the complaint went \"well beyond what is necessary\" to state a claim, including the names of women with whom he claimed to have had consensual sex. No. 1:16-cv-1266 108], (S.D. Ind. Jan. 8, 2018). In that case, the plaintiff sued Butler University after Butler adjudged that he had sexually assaulted a woman and therefore expelled him. Id. at 1. The party seeking anonymity did not allege that he was a victim *5 of sexual assault, which is a crucial distinction is assessing the intimacy of the information. Id. at 5-6; see also Doe v. Vill. of Deerfield, 819 F.3d at 377 (stating that fictitious names can be warranted for \"rape victims,\" but not necessarily for \"a sexual harassment claim, standing alone without any allegations of rape\") (citations omitted). 5 In addition, the fact that vivid allegations appear in the Complaint does not mean that the information is not intimate. To state her claim for intentional infliction of emotional distress, for example, Plaintiff had to state that Duerfahrd's alleged sexual conduct was \"extreme and outrageous . . . exceed[ing] all bounds usually tolerated by a decent society and caus[ing] mental distress of a very serious kind.\" Creel v. I.C.E. & Assocs., Inc., 771 N.E.2d 1276, 1282 (Ind. Ct. App. 2002) (citations omitted). Graphic details are appropriate in pleading that kind of claim. If Duerfahrd thought that any part of the Complaint was \"redundant, immaterial, impertinent, or scandalous,\" he could have filed a motion to strike. Fed. R. Civ. P. 12(f). Ultimately, regardless of the thoroughness of the Complaint, Plaintiff would still have to \"disclose information of the utmost intimacy\" in discovery and at trial. Doe v. Purdue Univ., 321 F.R.D. at 342 (\"If anything, the details in the Complaint . . . strengthen the argument that highly sensitive and personal details of an intimate nature will be at issue in this case.\"). Therefore, the Court finds that the second factor weighs in favor of Plaintiff's use of a pseudonym. The fourth factor is whether the plaintiff would risk suffering injury if identified. Plaintiff argues that she could be retaliated against by members of the Purdue community, at her new school, and by future employers. She states that she has been diagnosed with \"severe and insomnia\" caused by Duerfahrd's conduct, and that \"further invasion into her privacy\" 1 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 5/9 would likely *6 cause those conditions to deteriorate. Duerfahrd argues that Plaintiff has not offered sufficient evidence that this issue is related to her mental or psychiatric health, or particularized reasons why proceeding publicly would cause her psychological injury. 6 1 The Court interprets Plaintiff's reference to \"MDD\" as describing \"major depressive disorder.\" -------- The Court declines to speculate as to the effects of revealing Plaintiff's identity on the illnesses described in her motion. However, the issues in this case are sensitive, and the case has already drawn media attention and public comment. See, e.g., WLFI.COM, Purdue and Former Professor Being Sued for Neglecting Extensive Sexual Abuse Case, (September 21, 2018), sued-for-neglecting-extensive-sexual-abuse-case-494006421.html. Courts considering this issue have acknowledged a generalized risk faced by individuals who allege sexual assault. See, e.g., Doe v. St. Clair Cty., 2018 1071744 at *1 (finding that, where her sexual assault accusation was reported in the media, the plaintiff \"lives in fear of retaliation and has legitimate fears of humiliation for bringing this lawsuit\"); Doe No. 62 v. Ind. Univ. Bloomington, No. 1:16-CV-1480-JMS-DKL, 2016 11553229, at *2 (S.D. Ind. Aug. 26, 2016) (permitting anonymity because a plaintiff's \"reasonable fear of social stigmatization and confrontation\" after her allegation of sexual assault may \"put[] her at risk of further mental suffering and damage\"). Once Plaintiff's name is released, it is unlikely that less restrictive alternatives, such as a protective order or sealing of particular filings, would reduce that kind of risk. Noting Duerfahrd's objection regarding the particular risks claimed by Plaintiff, the Court nonetheless finds that there is some risk of injury, which supports the use of a pseudonym. The fifth factor is whether Defendants would be prejudiced by the use of the pseudonym. Purdue, in agreeing to the request, has not stated that it would be prejudiced. However, Duerfahrd argues that he would be prejudiced because Plaintiff's allegations publicly impugn Duerfahrd's reputation and credibility while Plaintiff herself would remain anonymous. To some extent, that kind *7 of prejudice is present in any case where a plaintiff is anonymous and a defendant is not, although Duerfahrd emphasizes that the 7 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 6/9 allegations here are particularly damaging. Citing cases in which pseudonyms were not permitted, Duerfahrd notes that Plaintiff's credibility is at issue, and states that he cannot defend his reputation against her accusations if she is allowed to proceed anonymously. Duerfahrd does not identify any argument he could not put forward because of Plaintiff's anonymity, or what argument he can make that relies on public knowledge of Plaintiff's name. Nonetheless, serious personal accusations that directly implicate a defendant create prejudice that weighs against permitting a pseudonym. See Ind. Black Expo, Inc., 923 F. Supp. at 141 (\"[Plaintiff's] claims directly accuse the defendants of several forms of serious and deliberate wrongdoing. He attacks the defendants' integrity and reputations. . . . The defendants in such a case have a powerful interest in being able to respond publicly to defend their reputations, not only in court but also in other situations where the claims in the lawsuit may be of interest to those with whom the defendants have business or other dealings.\"). Duerfahrd also argues that he would be prejudiced in his defense of the legal case, because Plaintiff's anonymity would preclude the possibility of \"other witnesses heretofore unknown to Duerfahrd\" coming forward. Plaintiff will be required to disclose any individuals she knows are likely to have discoverable information. See Fed. R. Civ. P. 26(a)(1)(A). The hypothetical witness suggested by Duerfahrd's argument is unknown to both parties, but knows relevant information as to Plaintiff's specific claims against Duerfahrd, and would come forward on his or her own when Plaintiff's name is released (but not if Duerfahrd's name is the only one released). The scenario appears unlikely, and Duerfahrd offers no argument as to why he would expect such a witness. Given the intimacy of the information Plaintiff will disclose in this case and the risk of injury to Plaintiff in revealing her identity, and having considered the prejudice to Duerfahrd of Plaintiff *8 proceeding pseudonymously, the Court concludes that this case is an \"exceptional circumstance\" in which the harm from exposing Plaintiff's identity would exceed the harm from concealing it. Doe v. Blue Cross, 112 F.3d at 872. Therefore, Plaintiff is permitted to use a pseudonym. 8 III. Conclusion 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 7/9 Having considered the motion, and concluding that the circumstances in this case warrant an exception to the general rule that the parties identities' are public information, the Court hereby the relief requested in Plaintiff Jane Doe's Notice of Ex Parte Motion to Proceed Under Psuedonym 1]. On February 22, 2019, the Court ordered argument on the issue of whether the instant motion itself, which was filed ex parte, should be kept off the public docket. Plaintiff filed a notice indicating that she did not object to the motion appearing on the docket, and neither Defendant addressed the issue. Therefore, the Court the Clerk of Court to place the motion and attached memorandum at 1] on the public docket this 30th day of April, 2019. s/ John E. Martin cc: All counsel of record About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 8/9 Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 6:57 Doe v. Purdue Univ NO.: 4:18-CV-72 | Casetext Search + Citator 9/9", "7519_107.pdf": "Photo of Lance Duerfarhrd from Purdue University\u2019s website by: FOX59 Web Posted: Sep 21, 2018 / 09:26 Updated: Sep 21, 2018 / 02:29 This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated LAFAYETTE, Ind. \u2013 Purdue University was hit with a lawsuit after an undergraduate student said a tenured professor sexually assaulted her, and she says the school didn\u2019t do enough to protect her. The student says Lance Duerfarhrd told her she didn\u2019t have to worry about her performance in class and she would get better grades if she complied with his sexual demands. 47 think you want me to rape you\u2019: Lawsuit accuses professor of sexual assault, claims Purdue didn\u2019t protect student 2/27/25, 6:57 think you want me to rape you\u2019: Lawsuit accuses professor of sexual assault, claims Purdue didn\u2019t protect student | Fox 59 1/11 According to the lawsuit, he repeatedly tried to have sex with her, and at one point, he told her think you want me to rape you.\u201d He even told the student to \u201cmove in\u201d with him so they can \u201chave sex every day, every hour.\u201d The student said his advances began to take a severe physical and mental toll on her. She was worried about her grade in the class, so she went to his office to speak with him. He proceeded to make sexually explicit comments to her, and he sexually assaulted her. She says he warned her about telling anyone because he could lose his job. He even took her phone, and deleted incriminating messages himself. The lawsuit claims Duerfarhrd was known within the English department to have inappropriate relationships with female students since at least 2012. Kristensen Weisberg is the law firm representing the student. They are asking any other possible victims to come forward. Officials with Purdue say they haven\u2019t received any notice of the lawsuit. The university issued this statement: Purdue has not yet received the complaint announced by the California law firm\u2019s press release, but we are well familiar with the underlying matter. Upon receiving notice of the allegations, the university acted swiftly and decisively. In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct. Immediately upon learning of the complaint against Mr. Duerfahrd, Purdue placed him on leave, ordered him to have no contact with students, and launched an investigation. Upon conclusion of the investigation, which substantiated the claim, Mr. Duerfahrd resigned under threat of termination. The entire matter was resolved in a matter of months > Next > Cancel \u2715 Next story in > Cancel Next story in 2/27/25, 6:57 think you want me to rape you\u2019: Lawsuit accuses professor of sexual assault, claims Purdue didn\u2019t protect student | Fox 59 2/11 Purdue takes very seriously its responsibility to provide a safe education environment for it students. The university does not and will not tolerate such misconduct by any member of its community, including faculty, regardless of their rank or tenure. This case proves it. Suggest a Correction Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Best DeWalt leaf blower for spring yard cleanup / 7 Hours Ago Lawn maintenance is time-consuming. When leaves start to pile up, DeWalt can help you with several leaf blowers that are all good choices > Next > Next story in > Next story in 2/27/25, 6:57 think you want me to rape you\u2019: Lawsuit accuses professor of sexual assault, claims Purdue didn\u2019t protect student | Fox 59 3/11 The Old Farmer\u2019s Almanac predicts a \u2018warmer and wetter / 7 Hours Ago Spring 2025 is predicted to be \u201cwarmer and wetter\u201d than usual for most of the U.S. according to the Old Farmer\u2019s Almanac. 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Documents lay out a series of harassment of the student in 2016 by Lance Duerfahrd. Purdue officials said Friday that Duerfahrd was a Purdue employee from August 2006 until August 2017. \"Upon receiving notice of the allegations, the university acted swiftly and decisively. In fact, it would be difficult to find a more clear example of Purdue\u2019s intolerance of this type of misconduct,\" Purdue said in a statement. \"Immediately upon learning of the complaint against Mr. Duerfahrd, Purdue placed him on leave, ordered him to have no contact with students, and launched an investigation. Upon conclusion of the investigation, which substantiated the claim, Mr. Duerfahrd resigned under threat of termination. The entire matter was resolved in a matter of months. \"Purdue takes very seriously its responsibility to provide a safe education environment for its students. The university does not and will not tolerate such misconduct by any member of its community, including faculty, regardless of their rank or tenure. This case proves it.\" The federal lawsuit alleges sexual assault and battery; intentional infliction of emotional distress; Title violations; and negligent retention and supervision. Purdue knew Duerfahrd, who now lives in Massachusetts, had sexually harassed and assaulted female students since at least 2012, according to the complaint. \"From that point on, it was clear to the University that Duerfahrd would continue to use his position to stalk and prey on young women in his classes.\" Doe arrived at Purdue in fall 2015 and was in Duerfahrd's classes in the fall of 2016, according to the lawsuit. He was an associate professor of film studies, part of the English department, and the director of the film and video studies program. One instance of the professor's history included an instance in 2011 cited in the complaint. He \"habitually\" invited female students out for drinks, and in this case, pushed a female graduate student against a wall and groped her breasts without permission few minutes later, \"he told her he would pay for contact lenses, so that he could better see her beautiful eyes.\" 2/27/25, 6:57 Purdue, former prof sued in sex assault, battery case | Campus | purdueexponent.org 2/5 In 2012, according to the suit, a female student told her academic adviser she did not want to take a class with Duerfahrd because he had sexually assaulted her, and the adviser relayed that information to at least two other English faculty members. Doe earned a 3.78 grade point average her first year, after which she decided to double major in film and video studies and creative writing. So in the fall of 2016, she enrolled in two of Duerfahrd's classes. The complaint lays out several instances of Duerfahrd's unwanted and inappropriate attention to the young woman, including questions about her personal life and information about his own sexual life. When the professor asked her to go drinking with him, offering to give her marijuana, she told him she did not party. More than once, he allegedly drove her to dark, remote places and to his home, gave her wine and eventually sexually attacked her. During her last meeting with him, he sexually assaulted her and she resisted. He reportedly told her he would no longer help her with class if she would not have sex with him, saying at one point think you want me to rape you.\" \"Duerfahrd proceeded to brag to colleagues about his purported sexual conquest of Plaintiff,\" according to the lawsuit. \"He made demeaning, inappropriate comments about Plaintiff's genital area.\" These events prompted Doe to lose sleep, miss classes and eventually leave Purdue. She has been diagnosed with severe PTSD, major depressive disorder and insomnia. The lawsuit alleged that \"prior to the events with Plaintiff, President (Mitch) Daniels intervened to preserve Duerfahrd's position at Purdue.\" 2/27/25, 6:57 Purdue, former prof sued in sex assault, battery case | Campus | purdueexponent.org 3/5 Download 2/27/25, 6:57 Purdue, former prof sued in sex assault, battery case | Campus | purdueexponent.org 4/5 Tags Lawsuit Purdue Lance Duerfahrd 2/27/25, 6:57 Purdue, former prof sued in sex assault, battery case | Campus | purdueexponent.org 5/5", "7519_109.pdf": "From Casetext: Smarter Legal Research Doe v. Duerfahrd United States District Court, Northern District of Indiana Nov 28, 2022 4:18-CV-72 (N.D. Ind. Nov. 28, 2022) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 4:18-CV-72 11-28-2022 DOE, Plaintiff, v and UNIVERSITY, Defendants Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 1/20 This matter is before the Court on Defendant The Trustees of Purdue University's Motion for Judgment on the Pleadings 192] filed on May 3, 2022, and on Defendant The Trustees of Purdue University's Motion for Summary Judgment 194] filed on May 23, 2022. No response to the motion for judgment on the pleadings was filed. Plaintiff Jane Doe filed a response to the motion for summary judgment on June 30, 2022, and Defendant Purdue University (\u201cPurdue\u201d) filed a reply on July 22, 2022. Defendant Lance Duerfahrd has not filed any document related to these motions. Doe initiated this cause of action on September 20, 2018. She filed an amended complaint on January 4, 2019 motion to dismiss Doe's fifth claim was granted on August 29, 2019. The remaining claims are (1) a Title violation, brought against Purdue, (2) sexual assault, brought against Duerfahrd, (3) sexual battery, brought against Duerfahrd, and (4) intentional infliction of emotional distress, brought against Duerfahrd. Only the Title claim against Purdue is at issue in the present motions In the motion for judgment on the pleadings, Purdue asks the Court to dismiss any claim for emotional distress damages that Doe is bringing against Purdue. In Cummings v. Premier Rehab Keller, P.L.L.C., *2 142 S.Ct. 1562 (2022), the Supreme Court determined that emotional distress damages are not recoverable under the Spending Clause statutes of the Rehabilitation Act and the Affordable Care Act. Id. at 1569, 1576. Title is also a Spending Clause statute. Id. at 1569. Purdue asserts that Cummings establishes that emotional distress damages are not available under Title IX. Doe has not responded. In light of Purdue's motion and with no argument to the contrary provided, the Court finds that, as Title is a Spending Clause statute, the reasoning applied to the Rehabilitation Act and the Affordable Care Act in Cummings applies equally to Title IX, and Doe's complaint therefore fails to state a claim for emotional distress damages upon which relief can be granted against Purdue. See Doe v. Purdue Univ., No. 2:17-CV-33, 2022 32 79234, at *13 (N.D. Ind. Aug. 11, 2022) (dismissing, based on Cummings, claim for emotional and psychological damages in a Title 2 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 2/20 case). Accordingly, the Court grants judgment on the pleadings in Purdue's favor on the issue of emotional distress damages A. Summary Judgment Standard motion for summary judgment must be granted \u201cif the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\u201d Fed.R.Civ.P. 56(c). Rule 56(c) further requires the entry of summary judgment, after adequate time for discovery, against a party \u201cwho fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\u201d Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The party seeking summary judgment bears the initial responsibility of informing a court of the basis for its motion and identifying the evidence, if any, which it believes demonstrates the *3 absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. If the moving party supports its motion for summary judgment with affidavits or other materials, it thereby shifts to the nonmoving party the burden of showing that an issue of material fact exists. Keri v. Bd. of Trust. of Purdue Univ., 458 F.3d 620, 628 (7th Cir. 2006). 3 Rule 56(e) specifies that once a properly supported motion for summary judgment is made, \u201cthe adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts to establish that there is a genuine issue for trial.\u201d Fed.R.Civ.P. 56(e). In viewing the facts presented on a motion for summary judgment, a court must construe all facts in a light most favorable to the non-moving party and draw all legitimate inferences and resolve all doubts in favor of that party. Keri, 458 F.3d at 628 court's role is not to evaluate the weight of the evidence, to judge the credibility of witnesses, or to determine the truth of the matter, but instead to determine whether there is a genuine issue of triable fact. Anderson v. Liberty Lobby, 477 U.S. 242, 249-50 (1986). 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 3/20 B. Material Facts 1 1 Pursuant to Northern District of Indiana Local Rule 56-1(f), Purdue's request to strike portions of the record is embedded in its reply brief. To the extent objected-to portions of Doe's evidence are being used in deciding the summary judgment motion, the Court addresses Purdue's objections below in footnotes 2 and 3. Regarding objected-to statements or pieces of evidence that are not being used to decide this matter, the request to strike is denied as moot. The Duerfahrd-Doe Incidents In the Fall of 2016, Duerfahrd was employed as an Associate Professor at Purdue University. (Purdue's Ex at 5 No. 194-4). At that time, Doe was a 21-year-old international undergraduate student. Id. Among the classes in which Doe was enrolled that semester were one class taught by Duerfahrd and one class that was taught by Duerfahrd's graduate student. (Jane Doe Dep. 62:9-63:19 No. 194-6). *4 4 Doe testified that she met with Duerfahrd off campus on five separate occasions and that she was sexually assaulted by Duerfahrd on the fourth and fifth such occasions. See id. 47:11-14 & 48:24-49:5 (first occasion); 66:11-21 & 67:20-22 (second); 68:7-69:20 & 70:2-10 (third); 70:25-71:8 & 81:24-82:16 (fourth); & 157:11-22 (fifth). The fifth occasion occurred in Duerfahrd's office, and Duerfahrd ordered Doe to be there. (Jane Doe Decl. \u00b6 46-47 No. 202-1). At various times, Duerfahrd screamed at Doe, threatened her, and told her to \u201cshut up\u201d; he \u201cexploded with rage\u201d when Doe asked why Duerfahrd was offering Doe wine in a \u201cdark, deserted, unknown off campus location\u201d Id. \u00b6\u00b6 21, 26-30. On one occasion, Duerfahrd told Doe that she wanted Duerfahrd to rape her. Id. \u00b6 53. Once, when Doe told Duerfahrd that she was unwell, Duerfahrd responded by asking, \u201cDid the doctor ask you to stop masturbating?\u201d Id. \u00b6 25. After these interactions with Duerfahrd, Doe withdrew from classes, and Doe testified that she has been largely unable to resume her studies. See (Oliver Dep. 38:13-39:1 No. 194-5) (withdrawal in Fall 2016); Jane Doe 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 4/20 (Purdue's Ex at 30 No. 194-15). The Purdue Anti-Harassment Policies also provided that: Dep. 192:15-195:19 & 289:22:-290:1 No. 194-6 (discussing inability to resume studies)). Doe reported Duerfahrd and filed a complaint with the U.S. Department of Education's office for Civil Rights and sent a copy to Purdue's Office of Institutional Equity. (Purdue's Ex No. 194-8). An investigation was initiated, and Duerfahrd resigned. (Purdue's Ex No. 194-4 (investigator's report); Purdue's Ex No. 194-18 (letter of resignation)). Doe does not allege Title violations regarding Purdue's post-complaint investigation of Doe's claims against Duerfahrd. (Purdue's Ex at 2 No. 194-19). Doe alleges that she has been harmed by Duerfahrd's actions and Purdue's failure to take action prior to Doe's report. She alleges that she has been diagnosed with Post Traumatic Stress Disorder, panic disorder, and agoraphobia due to Duerfahrd's assaults. *5 5 Purdue's Anti-Harassment Policies and Procedures According to Purdue's Anti-Harassment Policies, the term \u201cHarassment\u201d includes sexual harassment, and is defined as \u201cConduct towards another person or identifiable group of persons that has the purpose or effect of: Creating an intimidating or hostile educational environment, work environment or environment for participation in a University activity.\u201d (Rollock Dep. 69:17-70:1 No. 202-4). Purdue's definition of sexual harassment includes Any unwelcome sexual advance, request for sexual favors or other written, verbal or physical conduct of a sexual nature when: . . . Such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, offensive or hostile environment for that individual's employment, education or participation in a University activity. 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 5/20 (Purdue's Ex at 23 No. 194-15). Purdue's Procedures for Resolving Complaints of Discrimination and Harassment provided that: (Purdue's Ex at 36 No. 194-15). *6 The University reserves the right to investigate circumstances that may involve Harassment in situations where no complaint, formal or informal, has been filed. In appropriate circumstances, sanctions in accordance with this policy will be implemented. To determine whether a particular act or course of conduct constitutes Harassment under this policy, the alleged behavior will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context and duration of the questioned behavior. Although repeated incidents generally create a stronger claim of Harassment, a serious incident, even if isolated, can be sufficient. The University has an obligation to respond to information of which it becomes aware, whether received directly or indirectly. That is, the University's obligation may be triggered by a direct disclosure by those who have experienced potential discrimination or harassment or by gaining indirect knowledge of such information. For this reason, the University may initiate an investigation of circumstances that involve potential discrimination and/or harassment even where no complaint, formal or informal, has been filed. In those circumstances, the University may elect to investigate and, if warranted, impose disciplinary sanctions pursuant to these or other established University procedures. 6 During the 2015-16 academic year, the Policy included a couple of paragraphs that provided that sanctions for conduct that constitutes harassment, as defined by the policy, would be subject to enhancement when such conduct is motivated by bias based on a person's legally protected status as defined by federal and state law: e.g., race, gender, religion, color, age, national origin or ancestry, genetic information, or disability. (Rollock Dep. 53:11-20 No. 202-4). 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 6/20 Purdue's Title Coordinators are responsible for overseeing the investigation and resolution of all reports of sexual harassment involving students, staff, and faculty. (Purdue's Ex at 26 No. 194-15). The Office of Institutional Equity (OIE) is the unit at Purdue that handles complaints of alleged sexual harassment, including by conducting formal investigations. (Wright Dep. 43:19-44:5 No. 194-21). On the West Lafayette campus, the position of Title Coordinator is held by the Director of the Office of Institutional Equity. (Purdue's Ex at 12 No. 194-15). All faculty members are mandatory reporters of all incidents of sexual harassment and must report such incidents directly to the Title Coordinator. Id. at 28. The Director of is the decisionmaker on the West Lafayette campus for complaints of alleged misconduct involving a faculty or staff member. (Wright Dep. 16:2-6 No. 194-21 report to West Lafayette campus constitutes a report to a decisionmaker. (Rollock Dep. 84:21-85:25 No. 194-16 report must reach the Title Coordinator before the university knows of and can act on that report. Id. 83:3-84:4 report can reach the Title Coordinator via a report made by a mandatory reporter. Id. 84:14-20. Previous Reports Involving Duerfahrd Previous Report Involving R.P. In March of 2011, Duerfahrd and a group of students met at a local bar. (R.P. Dep. 17:3-19, 32:16-19 No. 194-22). Sometime thereafter, a subset of this group migrated to a second *7 bar. Id. 19:7-14, 20:9 & 26:12-21. At this second location, graduate student R.P. and Duerfahrd danced with each other. Id. 29:15-30:3. Duerfahrd's \u201chand or arm grazed [R.P.'s] chest\u201d while the two were dancing. Id. 29:15-19. After this March 2011 encounter, R.P. continued and completed the course that she was taking with Duerfahrd. Id. 33:5-7. R.P. testified that this interaction had no effect on the rest of her semester with Duerfahrd. Id. 33:24-34:8. 7 In the context of explaining that she did not feel comfortable taking another class with Duerfahrd, R.P. disclosed the March 2011 dance floor encounter to Professor Maren Linett in January 2012 and requested that Linett keep the 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 7/20 report confidential. (Linett Dep. 12:3-13:20 No. 194-23). Subsequently, Linett submitted an anonymous report of misconduct to Purdue's OIE. Id. 19:4-11. At this time, Monica Bloom was the Director of the on the West Lafayette campus. (Peterson Dep. 21:21-22 No. 194-20). Ms. Bloom talked to Nancy Peterson (who was Head of the English Department) and Linett. (Linett Dep. 111:11-20 No. 194-23; Peterson Dep. 21:15-22:12 No. 194-20). No evidence has been identified to show that Purdue was able to or should have been able to substantiate unwanted touching of R.P. by Duerfahrd or to show that drinking and dancing with students in a social setting violates Purdue policy. Bloom and Peterson spoke to Duerfahrd and advised that he needed to hold himself to a higher standard of conduct, even if university policy did not govern it. (Peterson Dep. 52:20-53:8 No. 194-20; Duerfahrd Dep. 36:23- 37:5 & 38:14-39:22 No. 194-24). Previous Report Involving K.H. On February 8, 2016, while investigating an unrelated matter received a report that Duerfahrd may have been in a romantic or sexual relationship with student \u201cK.H.\u201d (Purdue Ex at 1 No. 194-25). On February 11, 2016 followed up by interviewing K.H., who denied *8 the existence of any such relationship. Id. at 2. No further evidence has been identified to show that such a relationship existed. 8 Previous Reports Regarding Classroom Behavior in 2015 Purdue student G.G. met with Purdue's Director of Graduate Studies, Director of the English Department, investigators, and the Director of in the fall of 2015 to report what she perceived to be sexual harassment by Duerfahrd. (G.G. Decl. \u00b6 5 No. 202-8). G.G. discussed the following matters with those individuals: 2 2 Purdue objects to the declaration and asks the Court to strike it on the basis that the \u201cG.G.\u201d of the affidavit may not be the same \u201cG.G.\u201d who complained about Duerfahrd. In Purdue's view, this means that the declaration fails to meet the personal knowledge requirement of Federal Rule of Evidence 602. 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 8/20 This objection is overruled, and the Court will not strike the document. The declarant states that she made the reports at issue in the sworn declaration. As only one individual with initials G.G. has been identified as reporting Duerfahrd to Purdue, there is no reason to suspect any genuine confusion over G.G.'s identity, nor is there any reason to doubt the declarant's statement that she has personal knowledge of the matters addressed in the declaration. \u201cTitle 28 U.S.C. \u00a7 1746 (declarations) does not prohibit the use of nicknames, aliases, or pseudonyms.\u201d Springer v. I.R.S., Nos. S97-0091, S- 97-0092, & S-97-0093, 1997 732526 (E.D. Cal. Sept. 12, 1997 declarant should be \u201ca readily identifiable person who can be subjected to the penalties for perjury.\u201d Id. The Court has no doubt that this is the case here. Purdue notes that it has used initials to identify students to comply with its obligations under the Family Educational Rights and Privacy Act (FERPA) and notes that, in contrast, Doe has no obligations to comply with FERPA. It would be of little benefit to G.G., however, if Purdue were to uphold its obligations only to have Purdue force Doe to disclose G.G.'s identity. Cf. United States v. West, No. 08 669, 2010 3951941, at *4 (N.D. Ill. 2010) (\u201cPseudonyms can be used when a witness's safety must be maintained\u201d); United States v. Pound, No. CIV-07-427, 2010 2803918, at *1 (E.D. Okla. Feb. 2, 2010) (approving use of pseudonym by a declarant). A. In early fall of 2015, after Duerfahrd had the class watch a film that depicted sexual violence, Duerfahrd asked a female student about the film. The student reported that she was a survivor of sexual assault and was troubled by what she watched, and Duerfahrd responded to the female student that \u2018If that offended you, then subconsciously you wanted to be one of the girls.\u201d B. After that incident, G.G. stayed after class to discuss a film with Duerfahrd. In the film, there was a large flower sitting on a piano. Duerfahrd asked G.G. if she knew what was better than a flower on a piano, and when she responded that she did not, Duerfahrd replied, \u201cTulips on an organ.\u201d He then chuckled and stated, \u201cSorry, making a crude joke.\u201d C. Duerfahrd showed a pornographic film to the class and read an autobiography by one of the actors. In the book, the male author writes about hitting a \u201cPuerto Rican\u201d so hard that he knocked her unconscious and a cut to her head that was bleeding. The author 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 9/20 *9 Id. \u00b6 6. then wrote about tending to her wound and then engaging in intercourse with her while she was still unconscious. Duerfahrd asked G.G.'s opinion of the book, and she stated that she did not like the book because of the 9 sexual abuse that was discussed. Duerfahrd belittled G.G. in class, telling her that he wanted to talk about the craft, not the content of the book. D. After that incident, the class was given a midterm exam. One of the questions asked something similar to, \u201cYou are watching pornography and you are turned on by the acting and not the sex depicted, and you were going to masturbate, describe how that would be.\u201d E. Duerfahrd made G.G. sit in the front of the class while he showed the class a pornographic film because Duerfahrd stated that he did not feel like G.G. was paying enough attention. F. In one class, Duerfahrd continued to joke about how \u201cpussies are hard to train.\u201d During the meetings with G.G., Purdue employees indicated that they were well-aware of Duerfahrd's harassment of female students, which was an \u201copen secret.\u201d Id. \u00b6 8. G.G. wanted her name to remain confidential until she completed the class to prevent retaliation by Duerfahrd. Id. \u00b6 7 advised G.G. that they had sufficient information to move forward with action against Duerfahrd and that G.G. did not need to make a formal complaint using her name. Id. \u00b6 9. G.G. was never advised that any action was taken against Duerfahrd regarding G.G.'s report, and did not request anything further from G.G. after she completed Duerfahrd's class. Id. \u00b6 10. 3 3 Purdue asserts that the unnamed speaker's statements are hearsay. However, regardless of which of Purdue's employees identified previously as having met with G.G. made this statement, the Court concludes that the 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 10/20 statements were on a matter within the scope of the employment relationship during the existence of the relationship. Thus, under Federal Rule of Evidence 801(d)(2)(D), the statements are not hearsay. The Court denies the request to strike this portion of G.G.'s declaration. Graduate student C.G. met with Jake Amberger, an investigator with OIE, on November 13, 2015. (Purdue's Ex No. 194-4; Wright Dep. 44:14-17, 55:13-16). C.G. reported to Amberger that Duerfahrd asked C.G. to come after class, yelled at her, got close to her, and physically intimidated her by blocking her so she could not leave the room. (Wright Dep. 47:1-10). Duerfahrd told C.G. \u201cYou're fucking entitled\u201d and left the room. Id. 47:5-10. C.G. further reported to Amberger that Duerfahrd had a midterm exam question regarding watching *10 pornography and masturbating. Id. 47:13-22. C.G. withdrew from the class around September 20, 2015. (Wright Dep. 55:13-22 No. 202-2). 10 On November 18, 2015, student K.D. submitted a written report identifying her concerns regarding Duerfahrd. (Wright Dep. 35:7-36:3 No. 202-2). She met with Amberger and Associate Director of Erin Oliver about those concerns. Id. 35:12-36:3. K.D. reported that Duerfahrd constantly made sexual or sexist comments in class that made the women in his class incredibly uncomfortable. Id. 22:7-16. K.D. also provided with a recording of a Duerfahrd class. Id. 29:10-24. Purdue agrees that K.D.'s report included conduct by Duerfahrd that would potentially violate Purdue's sexual harassment policy. Id. 28:25-29:6 did not receive formal complaints from K.D., G.G., and C.G., and did not initiate an investigation on its own based upon their allegations despite having authority to do so. (Wright Dep. 37:12-17, 65:14-25 No. 202-2). Instead, the director reached out to Duerfahrd's department head to \u201cexplore and address the concerns that were raised.\u201d Id. 67:7-11. The head of the English Department testified that she gave Duerfahrd expectations of how he was to behave in the future related to the use of inappropriate sexual terms in his class. (Ratcliffe Dep. 29:23-30:6 No. 205-3). She explained that she thought there was a difference between critical engagement and making students feel uncomfortable in a way that created a hostile environment. Id. 30:15-19. The English Department head 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 11/20 does not remember Duerfahrd being informed of any consequences he could face if he continued to use inappropriate sexual language in his class. Id. 29:23-30:1. It is \u201cnot uncommon\u201d at Purdue, when a faculty member's concerning or unacceptable conduct does not rise to the level of a policy violation, for to reach out to the department head *11 and the faculty member, sometimes in conjunction with human resources, and to notify the faculty member of their concerns. (Wright Dep. 37:20-38:14 No. 202-2). 11 Duerfahrd testified that he did not recall speaking to anyone from Purdue in 2015 regarding any student complaints against him. (Duerfahrd Dep. 49:20- 23 No. 202-5). He further stated that, prior to Jane Doe's complaint, no one at Purdue admonished him or cautioned him regarding his interactions with students, other than the R.P. dancing incident and an incident regarding a film Duerfahrd showed in class in 2009. Id. 48:19-49:11, 50:2-9. Previous Report Involving A.S. Student A.S. met with in September 2016 and reported concerns regarding Duerfahrd. (Wright Dep. 100:8-11 No. 205-5); see also (Rep. to Pl.'s Material Facts, \u00b6 99 No. 205-1). Amberger's notes from the meeting with A.S. report that A.S. was asked to spit out her gum at Duerfahrd's office hours on September 14th. (Wright Dep. 87:3-22 No. 202-2). The notes continue: Put out hand, spit in hand, and put in mouth. See how long been chewing, still flavored throughout think. Continued to talk about a film. As leaving said get different flavor next time. ... Friday, September 16th, asked to come back to office hours after Wednesday meeting . . . 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 12/20 Id. 87:23-88:13. The notes record something about a machine, a strap that was put around A.S. and shook, which A.S. took off and stated she did not want to do anymore. Id. 88:14-19 (deponent unable to fully read handwritten notes). A.S. later reported to an individual named Parsons that Duerfahrd had A.S. try out an exercise machine, that A.S. got on for about a minute, felt uncomfortable, and got off. Id. 96:1-13. *12 Told needed to get out of comfort zone and do things that make her uncomfortable 12 There was no formal Purdue-initiated investigation following A.S.'s report. See (Rep. to Pl.'s Material Facts, \u00b6 106 No. 205-1). The department head and a Pam N. spoke with Duerfahrd about unspecified matters, and the notes report that Duerfahrd \u201csaid he would never use \u2018c word' in class or other terms like that\u201d and \u201che did say like to take students out of their comfort zone.\u201d (Purdue Ex No. 205-4; Wright Dep. 96:14-97:3 No. 205-5 (identifying Ex. X.)). 4 4 Purdue asserts, without objection from Doe, that this is Human Resources Director Pam Nesbitt. C. Analysis Title of the Education Amendments of 1972 provides that \u201c[n]o person . . . shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Title contains an implied cause of action for private victims of discrimination. Cannon v. Univ. of Chicago, 441 U.S. 677, 704 (1979). As a Spending Clause statute, Title operates \u201cmuch in the nature of a contract.\u201d Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 640 (1999).). \u201cIn the case of Title IX, the terms are clear: a school district [or university] accepting federal funds promises to not use those funds to discriminate on the basis of sex.\u201d C.S. v. Madison Metro. Sch. Dist., 34 F.4th 536, 541 (7th Cir. 2022) (en banc) (citing Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 286, 292 (1998)). The principles of constructive notice and respondeat superior do not apply; liability only attaches where the educational institution that has accepted federal funds was aware that it was breaking its contractual promise. Id. 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 13/20 *13 Id. (quoting Gebser, 524 U.S. at 290) (alterations and emphasis in original). The \u201cactual knowledge\u201d must be of completed or ongoing Title violations. Id. That is, there is no duty to take corrective action if no Title violation has occurred, even if past, non-violative behavior indicates a risk of a future Title violation. Id. at 541-42 plaintiff seeking to hold an institution liable under Title must prove two elements to succeed: First, \u201can official of the recipient entity with authority to take corrective action to end the discrimination\u201d must have \u201cactual knowledge of discrimination in the recipient's programs.\u201d Second, the official's \u201cresponse [to that knowledge] must 13 amount to deliberate indifference to discrimination\u201d reflecting \u201can official decision by the recipient [entity] not to remedy the violation.\u201d Once a violation has occurred, then the institution is obligated under Title \u201cto act-both to remedy the existing misconduct and to prevent the further foreseeable risks from materializing.\u201d Id. at 542. The actions taken are not required to \u201cbe perfect or even successful.\u201d Id. at 543. \u201cOwing to Title IX's roots in the Spending Clause, [an institution's] response will suffice to avoid institutional liability so long as it is not so unreasonable, under all the circumstances, as to constitute an \u2018official decision' to permit discrimination.\u201d Id. (citing Gebser, 524 U.S. at 290). Doe agrees with Purdue that Purdue responded properly to Doe's complaint against Duerfahrd. However, she asserts that Purdue responded improperly to previous reports of sexual harassment by Duerfahrd. In this context, Doe must prove that Purdue knew of past discrimination by Duerfahrd and has shown itself to be unwilling to act to put an end to it. See id. at 544. 1. Notice of Title Violations As a legal matter, Purdue had no duty to act \u201cuntil it [had] actual knowledge of facts which, in the totality of the circumstances, indicate that sex-based discrimination [had] occurred or [was] occurring under its watch.\u201d C.S., 34 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 14/20 F.4th at 544. Accordingly, the Court must determine if Purdue had the requisite knowledge. *14 14 a. Fall 2015 Doe asserts that Purdue had knowledge of multiple reports alleging Duerfahrd's sexual harassment of students and that Purdue did nothing to stop the harassment. Specifically, Doe identifies the reports by G.G., C.G., and K.D. G.G. reported that Duerfahrd showed a film depicting sexual violence and then told a student who disclosed that she was sexual assault survivor \u201c[i]f that offended you, then subconsciously you wanted to be one of the girls.\u201d Later, outside of class, Duerfahrd asked G.G. if she knew what was better than a flower on a piano and told her that it was \u201cTulips on an organ.\u201d Duerfahrd then apologized, saying he was \u201cmaking a crude joke.\u201d On a midterm examination, Duerfahrd asked students to describe masturbating to pornography while being \u201cturned on by the acting and not the sex depicted.\u201d (G.G. Decl. \u00b6 6 No. 202-8). G.G. declares that she met with staff, the English Department head, and the English Department's director of graduate studies. G.G. further declares that these Purdue employees \u201cmade clear that they were well-aware of Prof. Duerfahrd's harassment of female students, representing that it was an \u2018open secret.'\u201d (G.G. Decl. \u00b6 8 No. 202-8). Another student, C.G., reported that Duerfahrd asked C.G. to come after class, yelled at her, got close to her, and physically intimidated her by blocking her so she could not leave the room. Duerfahrd told C.G. \u201cYou're fucking entitled\u201d and left the room. (Wright Dep. 47:5-10). C.G. further reported to Amberger that Duerfahrd had a midterm exam question regarding watching pornography and masturbating. Ultimately, C.G. chose to withdraw from the class. K.D., a third student, reported that Duerfahrd constantly made sexual or sexist comments in class that made the women in his class incredibly uncomfortable. K.D. also provided with *15 a recording of a Duerfahrd 15 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 15/20 class. Purdue agrees that K.D.'s report included conduct by Duerfahrd that would potentially violate Purdue's sexual harassment policy. Purdue dismisses G.G's, C.G.'s, and K.D.'s reports as student opinions on \u201ccourse content, pedagogy, and alleged use of colorful language in the company of adults.\u201d (Rep. at 10 No. 205). When viewed in the light most favorable to Doe, however, the students reported behavior that extends beyond matters of academic freedom, curriculum choices, censorship, and off-color comments and enters the realm of harassment. There is evidence that Duerfahrd (1) told a sexual assault survivor that her discomfort watching a depiction of sexual violence meant that she wished to be subjected to sexual violence, (2) directed a crude, sexual joke to a female student outside of class, (3) on a midterm examination asked students to write descriptions of themselves masturbating, (4) yelled at and physically intimidated a female student outside of class, (5) \u201cconstantly\u201d made sexual or sexist comments during class that made female students uncomfortable. Additionally, Purdue agreed that the report by K.D. included conduct that potentially violated Purdue's sexual harassment policy, and Purdue employees made clear that they were \u201cwell-aware\u201d of the \u201copen secret\u201d that was Duerfahrd's harassment of female students. There is a genuine question of fact regarding whether Purdue had actual knowledge of past discrimination by Duerfahrd during the fall semester of 2015. b. Fall 2016 Doe also points to the 2016 report by A.S. that, when the evidence is viewed in the light most favorable to Doe, indicates that Duerfahrd told A.S. during office hours to spit her chewing gum into his hand, which Duerfahrd then placed in his own mouth and began chewing, commented *16 on, and directed her to bring a different flavor \u201cnext time.\u201d He also had A.S. get on a shaking exercise machine that caused A.S. to feel uncomfortable. This shows a continuation of the pattern of Duerfahrd eschewing a professional manner 16 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 16/20 of relating to female students outside of class and choosing a more intimate and familiar manner. 2. Purdue's Response to the Reported Harassment Once the actual knowledge requirement is met, \u201cTitle requires [the educational entity] to \u2018take action to end the harassment or to limit further harassment.'\u201d C.S., 34 F.4th at 547. However, under Title IX, Purdue \u201cwill not be held liable unless its response to harassment is clearly unreasonable in light of the circumstances.\u201d Johnson v. Northeast Sch. Corp., 972 F.3d 905, 91112 (7th Cir. 2020) (citations and quotation marks omitted). \u201cThe response does not have to be perfect or even successful . . . so long as it is not so unreasonable, under all the circumstances, as to constitute an official decision to permit discrimination.\u201d C.S., 34 F.4th at 543 (citing Gebser, 524 U.S. at 290). a. Fall 2015 did not initiate an investigation based upon the reports made in the fall of 2015. Instead, the director reached out to Duerfahrd's department head to \u201cexplore and address the concerns that were raised.\u201d (Wright Dep. 67:7-11 No. 202-2). According to testimony given on behalf of Purdue, the English Department head gave Duerfahrd expectations of how he was to behave in the future related to the use of inappropriate sexual terms in his class. (Ratcliffe Dep. 29:23-30:6 No. 205-3). She explained that she thought there was a difference between critical engagement and making students feel uncomfortable in a way that created a hostile environment. Id. 30:15-19. The English Department head does not remember Duerfahrd being informed of any consequences if he continued to use inappropriate sexual language in his class. Id. 29:23-30:1. *17 17 However, Duerfahrd testified that he did not recall speaking to anyone from Purdue in 2015 regarding any student complaints against him. (Duerfahrd Dep. 49:20-23 No. 202-5). He further stated that, prior to Jane Doe's complaint, no one at Purdue admonished him or cautioned him regarding his interactions with students, other than the R.P. dancing incident and an incident regarding a film Duerfahrd showed in class in 2009. Id. 48:19-49:11, 50:2-9. 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 17/20 Given the conflicting evidence regarding how Purdue responded to the prior reports, there is a genuine issue of material fact, so Doe withstands summary judgment on the issue of whether Purdue was deliberately indifferent to discrimination. b. Fall 2016 There was no formal Purdue-initiated investigation following A.S.'s report in 2016. See (Rep. to Pl.'s Material Facts, \u00b6 106 No. 205-1). Notes recorded by Amberger regarding the situation state that the department head and Pam Nesbitt spoke with Duerfahrd about unspecified matters, and the notes report that Duerfahrd \u201csaid he would never use \u2018c word' in class or other terms like that\u201d and \u201che did say like to take students out of their comfort zone.\u201d (Purdue Ex No. 205-4; Wright Dep. 96:14-97:3 No. 205-5 (identifying Ex. X)). However, once again there is a genuine issue of fact. Duerfahrd testified that, after the dancing incident with R.P, no one at Purdue admonished or cautioned him about his interactions with his students. Accordingly, questions of fact preclude a finding at this stage that Purdue's actions were not \u201cclearly unreasonable.\u201d 3. Foreseeability of Risk to Jane Doe Purdue's final argument is that any past misconduct by Duerfahrd was insufficient to alert Purdue to the possibility that Duerfahrd would become sexually involved with a student. In Gebser, as Purdue identifies, a single complaint that a teacher had used inappropriate comments *18 during class was \u201cplainly insufficient to alert the principal to the possibility that [the teacher] was involved in a sexual relationship with a student.\u201d 524 U.S. at 291. 18 Gebser is not directly on point here. Though Doe does allege that she was an unwilling recipient of Duerfahrd's sexual actions, there were more complaints against Duerfahrd than there were against the teacher in Gebser. Furthermore, Doe alleges milder forms of sexual harassment in addition to the sexual assaults. The Court cannot only consider whether the most 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 18/20 egregious misconduct was foreseeable. Purdue can be liable under Title for lesser-but still violative- misconduct. Doe has presented evidence that connects Duerfahrd's past behavior to instances of misconduct perpetrated against her. Similar to the midterm examination question-reported at least twice to Purdue-that asked students to describe their own masturbation, Duerfahrd asked Doe: \u201cDid the doctor ask you to stop masturbating?\u201d (Doe Decl. \u00b6 25 No. 201-1). Duerfahrd told Doe that she wanted to be raped; Purdue knew that he had previously told a sexual violence survivor that discomfort with depictions of sexual violence meant that the survivor wished to have more sexual violence inflicted on her. Duerfahrd exhibited intimidating behavior in a private setting toward Doe as he had toward C.G. Duerfahrd used his office hours as an opportunity to misconduct himself with Doe, as he had with A.S. (chewing her gum and having A.S. get on an exercise machine that made her uncomfortable). The Court need not reach the closer question of whether Duerfahrd's sexual acts on Doe were foreseeable because, at the very least, a reasonable jury could find that his milder (but still harassing) behaviors were. In light of Duerfahrd's continuation of behaviors for which there is evidence that Purdue took no action to curb (despite there being an \u201copen secret\u201d that Duerfahrd harassed his female students) and the reality that \u201c[p]ast misconduct may foreshadow even worse future misconduct,\u201d *19 C.S., 34 F.4th at 542, the Court finds that a reasonable juror could determine that Doe was subjected to sexual harassment in violation of Title because Purdue did not act to prevent the further foreseeable risks from materializing after having actual knowledge of Duerfahrd's prior misconduct. Purdue's motion for summary judgment fails. 19 Based on the foregoing, the Court hereby Defendant The Trustees of Purdue University's Motion for Judgment on the Pleadings 192] and all claims for emotional damages brought by Plaintiff Jane Doe against Defendant Purdue University. The Court Defendant The Trustees of Purdue University's Motion for Summary Judgment 194]. 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 19/20 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 6:57 Doe v. Duerfahrd, 4:18-CV-72 | Casetext Search + Citator 20/20"} |
7,465 | Jeriah Hildwine | Northern Arizona University | [
"7465_101.pdf",
"7465_102.pdf",
"7465_103.pdf",
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] | {"7465_101.pdf": "Law & Politics( Art Professor Found Dead Accused of Sexual Assault and Hosting Orgies with Students Hildwine was found dead from a self-inflicted gunshot wound. Jeriah Hildwine. Cait Munro ( December 9, 2015 ( professor-jeriah-hildwine- 389327&title=Art%20Professor%20Found%20Dead%20Accused%20of%20Sexual%20Assault%20and%20Hosting%20Orgies%20with%20Students) Share Sections \uf0c9 Join Artnet (/about) About (/search/) 2/27/25, 6:58 Art Professor Found Dead Accused of Sexual Assault and Hosting Orgies with Students 1/5 Jeriah Hildwine. Photo: Twitter. Accusations are mounting against former Northern Arizona University art professor and artist ( Jeriah Hildwine ( 36, who was found dead in September from a self-inflicted gunshot wound. His girlfriend, Ashley Darby, 23, was also found dead, with Hildwine, from a gunshot wound. The pair had been missing for several weeks. The Arizona Daily Sun ( instructor/article_145493dd-5950-557c-927c-e1e04636bd2a.html) reports that in August, a 20-year-old university student contacted the Flagstaff Police department to report that Hildwine, her former professor, had sexually assaulted her. Further investigation of Hildwine has revealed allegations of orgies ( 13465), alcohol-fueled parties with students, and sex with an underage girl, all the more disturbing given the growing movement against sexual assaults on college campuses ( 145160). The best of Artnet News in your inbox. Sign up for our daily newsletter. The student, who remains unnamed, told investigators that on May 4, 2015, Hildwine invited her and several other students from his class to attend a party at his home, where she was given alcohol and eventually asked to participate in sexual acts with Hildwine and others. 2/27/25, 6:58 Art Professor Found Dead Accused of Sexual Assault and Hosting Orgies with Students 2/5 Jeriah Hildwine. Following the party, Hildwine allegedly sent her several text messages, which she initially ignored. However, after beginning to feel guilty about ignoring text messages from a professor, she agreed to attend a dinner at his home on June 17. The victim claims that it was there that Hildwine forced her to have sex with him. However, the student agreed to return the following evening, June 18, for an orgy ( video-promotes-musee-dorsay-show-128109) involving at least seven other people, including Hildwine and Darby. At least one other student from Hildwine\u2019s class, along with a 17-year-old girl, were involved as well. Investigators have learned that the 17-year-old, who told police she was intoxicated at the time, had sexual relations with Hildwine and one other man during the party. At this point, the 20-year-old student sought help at the Northern Arizona Center Against Sexual Assault, but chose not to file a police report. She waited until August 21 to report the sexual assault allegations to local police. Six days later, Hildwine was suspended from his post at the university. \u201cDue to allegations of serious misconduct on your part, and based upon my judgement that your presence on campus is likely to constitute a substantial interference with the orderly functioning of your school, effective immediately you are hereby placed on administrative leave with pay from your role as lecturer in the School of Art president Rita Cheng wrote in a memo to Hildwine, obtained by the Arizona Daily Sun. Hildwine and Darby met with a local attorney on September 2. He was the last person to see the pair alive before their bodies were found in a wooded area near a parking lot on September 23 local ( news outlet reported on September 25 that the couple were \u201chappy and in love\u201d at the time of their death. \u201cAll of us as his friends have talked about it and we didn\u2019t see a change. We did not see a change,\u201d said James Wisch, a former roommate of Hildwine single handgun was found at the scene, and the pair appeared to have been dead for some time. \u201cWe won\u2019t probably be able to determine whether this was a murder-suicide or a suicide-suicide,\u201d Rex Gilliland of the Coconino County Sheriff\u2019s Office told don\u2019t know that we\u2019ll ever be able to make that answer certain.\u201d \u201cOur animal minds, from an early age, are drawn to strange sources of power: the dead dog on the side of the road, the dirty magazine down by the creek, the gun in dad\u2019s closet,\u201d wrote Hildwine, who was a painter and draughtsman, in an eerie artist statement on his personal website. \u201cNo amount of civilization can fully repress the impulses sparked by these talismans.\u201d Follow artnet News on Facebook. 2/27/25, 6:58 Art Professor Found Dead Accused of Sexual Assault and Hosting Orgies with Students 3/5 More Trending Stories Art World ( world) Frank Lloyd Wright\u2019s Former Plaza Suite, His Guggenheim-Era Home, Hits the Market ( wright-plaza-suite-guggenheim-for-sale- 2611823) Archaeology & History ( world/archeology-and-history) New Discoveries Reveal the Great Wall of China Is 300 Years Older Than Previously Thought ( discoveries-reveal-the-great-wall-of-china-is- 300-years-older-than-previously-thought- 2611761) Wet Paint ( paint) Los Angeles Toasts Clear Air, Conceptual Art, and Mysterious Mike Kelleys During Cautiously Optimistic Frieze Week ( frieze-week-wet-paint-2611858) Art Market Minute ( market-minute) Frieze L.A. Recap The best of Artnet News in your inbox. Sign up for our daily newsletter. Cait Munro ( er.com/caitmunro) e.com/110005887745350354655/) Article topics Art Crime ( 2/27/25, 6:58 Art Professor Found Dead Accused of Sexual Assault and Hosting Orgies with Students 4/5 r t n e t r t n e t u c t i o n s d v e r t i s e re s s e l e a s e s ( ) Te r m s r i v a c y o o k i e s b o u t ( ) a r t n e t a g a z i n e rc h i v e n g l i s h e u t s c h ( ) Fr a n c a i s ( ) \uf09a () \uf16d () \uf099 () \uf231 () \uf08c () \uf18a () \u00a92025 Artnet Worldwide Corporation. All Rights Reserved. ( market-minute-feb-24-2612280) 2/27/25, 6:58 Art Professor Found Dead Accused of Sexual Assault and Hosting Orgies with Students 5/5", "7465_102.pdf": "20-year-old student says she attended orgies at the home of art lecturer Jeriah Hildwine and was sexually abused 36-year-old Jeriah Hildwine is accused of sexually abusing one of his students when he was employed as an art lecturer, Dec. 9, 2015. New police documents reveal a 20-year-old Northern Arizona University student claimed she was sexually assaulted by her art lecturer, 36-year-old Jeriah Hildwine, while she was still his student. The allegations were made on August 21, about a week and a half before Hildwine and his 23- year-old girlfriend, Ashley Darby, were last seen in Flagstaff. The couple was reported missing in late September and were found dead in the woods from gunshot wounds on Sept. 23 student claims sex abuse by art instructor Author Staff Published: 7:47 December 9, 2015 Updated: 7:47 December 9, 2015 Driving with dog on lap cou soon be a crime \uf110 00:00 / 00:00 \uf026 \uf064 \uf04b x 2/27/25, 6:58 student claims sex abuse by art instructor | 12news.com 1/3 PREVIOUS: Deceased couple were 'happy and in love' The student, who is not named in the papers, said Hildwine's art class was invited to downtown Flagstaff as part of a final exam in May. Three students were invited to Hildwine's home near the Railroad Springs neighborhood and the student said the gathering turned into an orgy. The student said she had consumed alcohol and felt pressured to participate and said she had unwanted sex with Hildwine while in a hot tub. The victim stated two other times when she was invited to Hildwine's home and the gathering turned into an orgy with unwanted sexual contact. The police report names a few other males present at these parties who also sexually assaulted the victim. According to NAU, Hildwine was employed with the university from August 19, 2013 to August 29, 2015, eight days after the student went to police with the allegations. Also listed in the report was a 17-year-old female who told police she had sex with Hildwine when he knew she was underage. She stated she was \"bottle fed\" alcohol at a party and said she didn't feel comfortable with what was happening, but felt pressure to engage in the sex acts. The Coconino County Sheriff's Office has ruled Ashley Darby's death a homicide after finding four gunshot wounds to her body. Hildwine's body was found next to Darby's in the woods near Flagstaff with a gunshot wound to his head. War Thunder | Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now SearchPad | Sponsored Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Crossout | Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now War Thunder | Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 2/27/25, 6:58 student claims sex abuse by art instructor | 12news.com 2/3 Techno Mag | Sponsored Crossout | Sponsored Play Now Access all channels anywhere, anytime Plane\u2019s landing gear was \u2018askew\u2019 before Scottsdale crash 'Very dangerous situation:' Surprise firefighter recalls aggressive bee attack ARTICLE... 2/27/25, 6:58 student claims sex abuse by art instructor | 12news.com 3/3", "7465_103.pdf": "instructor/article_145493dd-5950-557c-927c-e1e04636bd2a.html Abuse student complained of sexual abuse by art instructor McMANIMON Sun Staff Reporter Dec 9, 2015 Alcohol-fueled orgies. Sex with a teenage girl. Sexual assault of a recent student. Those were the allegations facing a former Northern Arizona University art lecturer suspected of fatally shooting his girlfriend and then himself on the San Francisco Peaks in September. According to the official reports from the Coconino County Sheriff\u2019s Office, a 20- year-old student contacted the Flagstaff Police Department Aug. 21 to report that her former art professor, Jeriah Hildwine, 36, had sexually assaulted her at his home near the Railroad Springs neighborhood. The case was referred to the Sheriff\u2019s Office on Aug. 26 because the sexual assault was alleged to have happened at a county residence. The unidentified student told investigators her relationship with Hildwine turned sexual during NAU's spring 2015 finals week, when he was still her art professor. Privacy - Terms 2/27/25, 6:58 student complained of sexual abuse by art instructor | Crime and Courts | azdailysun.com 1/4 Sexual assault is a fireable offense under NAU\u2019s Safe Working and Learning Environment Policy. The same policy also prohibits consensual sexual relationships between faculty and students in cases where the instructor has \u201cdirect authority, influence, or responsibility with regard to that student,\u201d such as controlling his or her final grade in a class. According to her account, on the night of May 4, she, Hildwine and fellow students from Hildwine\u2019s class attended a party in the downtown Flagstaff area that the student described as the final exam for Hildwine\u2019s class. Afterward, Hildwine invited his students to his home in the 200 block of South Dunnam Street. At least three students accepted the invitation, including the victim. The student described what happened next as an orgy. She told investigators she did not want to participate in sexual acts with Hildwine but did, anyway, because she was afraid of being rejected or ridiculed by the other people at the party. She also said she had consumed \u201ca lot of alcohol.\u201d The 20-year-old told investigators Hildwine continued to send her text messages for weeks after the orgy. She said she repeatedly made excuses so she would not have to see him, but eventually started to feel guilty about being rude to her professor. She agreed to return to Hildwine\u2019s house for dinner with him and Hildwine's girlfriend, Ashley Darby, on June 17. The victim said Hildwine then had sex with her without asking for permission. At some point, she told investigators, she made plans with Hildwine and Darby to return the next night for another orgy. The victim and other witnesses reported that there was underage drinking at the June 18 orgy, which involved seven people, including Hildwine and Darby, at least one other student from Hildwine\u2019s class and a 17-year-old girl Darby had invited to the party. The victim told police an older man she had been flirting with forced her to perform sexual acts. 2/27/25, 6:58 student complained of sexual abuse by art instructor | Crime and Courts | azdailysun.com 2/4 During the course of the investigation, Sheriffs\u2019 Office detectives also learned Hildwine and another man had sex with the 17-year-old despite knowing her age. The girl later told police she was extremely intoxicated at the time. The 20-year-old went to the Northern Arizona Center Against Sexual Assault for a sexual assault nurse examination on June 20 but chose not to make a police report at that time. \u201cWhen you enter that house, you know this type of thing is going to happen,\u201d the young woman told the nurse during the examination. \u201cThey live a voyeuristic lifestyle and don\u2019t like being alone with (Hildwine).\u201d The young woman waited until Aug. 21 to report the sexual assault allegations to the police Director of Public Affairs Cindy Brown said the university\u2019s administration became aware of the allegations the same day. \u201cAn individual shared concerns in person with the Equity and Access Office,\u201d Brown said. On Aug. 27 President Rita Cheng sent Hildwine a memo informing him that he was being suspended while the university investigated the student\u2019s claims against him. \u201cDue to allegations of serious misconduct on your part, and based upon my judgement that your presence on campus is likely to constitute a substantial interference with the orderly functioning of your school, effective immediately you are hereby placed on administrative leave with pay from your role as lecturer in the School of Art,\u201d Cheng wrote in the memo. The next day, Hildwine signed a similar memo from the Equity and Access Office acknowledging he had been notified about the investigation. \u201cThings did move very quickly,\u201d Brown said placed Jeriah Hildwine on leave prior to the start of fall classes. He resigned while on leave and prior to classes starting.\u201d 2/27/25, 6:58 student complained of sexual abuse by art instructor | Crime and Courts | azdailysun.com 3/4 Tags Suicide Homicide Sexual Assault Sexual Misconduct Sexual Abuse Northern Arizona University Ashley Darby Jeriah Hildwine Law Police Work Criminal Law Student Sheriff Allegation Detective Darby was in Oklahoma visiting her mother, Trish Cox, when Hildwine unexpectedly flew into Tulsa on Aug. 29. Hildwine submitted his letter of resignation to the dean of NAU\u2019s College of Arts and Letters via email Aug. 30. \u201cRather than subject everyone, myself included, to the stress of this investigation need to take responsibility for my actions,\u201d he said. Two days later, Cox said, Darby abruptly cut her Oklahoma trip short and began driving back to Flagstaff with Hildwine. When an investigator with the Coconino County Sheriff\u2019s Office contacted Hildwine by phone Aug. 31, he told him he would be willing to make a statement regarding the sexual assault and sexual conduct with a minor allegations when he got back to town Sept. 2. Instead, Hildwine and Darby met with a local attorney on the afternoon of Sept. 2. He was the last person confirmed to have seen the couple alive. The next day, Darby\u2019s father reported her missing after she failed to show up to work. The Coconino County Sheriff\u2019s Office Search and Rescue unit found Darby and Hildwine\u2019s bodies in a wooded area near the Abineau-Bearjaw trailhead parking lot on the afternoon of Sept. 23. Both appeared to have been dead for some time. According to the Sheriff\u2019s report, Darby was shot four times. The Coconino County Medical Examiner\u2019s Office has declared her death a homicide. Hildwine died from a single gunshot wound to the head that appeared to be self-inflicted. His death has been ruled a suicide. Investigators located one 9 millimeter Glock handgun in Hildwine\u2019s right hand and found suicide notes from both victims. The reporter can be reached at [email protected] or 556-2261. 2/27/25, 6:58 student complained of sexual abuse by art instructor | Crime and Courts | azdailysun.com 4/4", "7465_104.pdf": "suicide/article_9da38324-c428-11e7-9f79-d7c005c79fdb.html Faculty sexual abuse of students leads to 2015 murder- suicide Grace Fenlason Nov 9, 2017 On Aug. 21, 2015, a 20-year-old student contacted authorities to report that 35-year-old art professor Jeriah Hildwine had sexually assaulted her May 4, 2015 at an event that was supposed to be the final exam for her class and again on June 17 and June 18, 2015. On May 4, classes were still in session at NAU, and finals week was in full swing. According to the formal report, the victim, Hildwine and other students from Hildwine\u2019s art class, attended a party at another student\u2019s home in the downtown area, described as the final for Hildwine\u2019s class. After spending several hours downtown, the victim and three other students accepted an invitation from Hildwine to return to his home in the 200 block of South Dunnam Street, west of NAU. This is where the first alleged assault took place. The group had dinner together and then the students, the victim and Hildwine, got into the hot tub together nude. What happened next was described as an orgy. The victim said she was not attracted to Hildwine, but was afraid of being rejected or mocked by other participants and that she was heavily intoxicated that night. \u201cWhen you enter that house, you know this type of thing,\u201d said the victim in the Sexual Assault Nurse Examiner Report. \u201cThey live a voyeuristic lifestyle, and don\u2019t like being alone with [Hildwine].\u201d Between May 4 and June 17, 2015, the victim received multiple text messages from Hildwine inviting her over to dinner with him and his girlfriend Ashley Darby, 23, a former student of Hildwine. The victim described feeling obligated to accept Hildwine\u2019s invitations because he was her teacher. On June 17, she went to his house after these persistent messages. 2/27/25, 6:58 Faculty sexual abuse of students leads to 2015 murder-suicide | News | jackcentral.org 1/3 \u201cShe [The victim] had begun to feel guilty and like she was being rude to Hildwine for ignoring his invites, and that\u2019s why she agreed to come back over that night,\u201d wrote Tristan Meyer, the Flagstaff police detective on the case, in his official report different former student of Hildwine, who chose to remain anonymous, said this practice was common. According to the student, it was rumored that Hildwine would ask young female art students to his house for exams and extra credit. This student said she was invited to his house several times, which made her uncomfortable. Hildwine, Darby and the victim had dinner and again entered the hot tub together. The victim also said there was a house rule against wearing swimsuits in the hot tub because Hildwine claimed it was bad for the water quality, and because she had grown up in Europe, she did not link nudity to beginning sexual activities. After Darby left, Hildwine allegedly had non- consensual sex with the victim. At some point during the evening, she was invited over the next night for another party and \u201cwas supposed to be the entertainment,\u201d she told police. The next night, June 18, seven people including Hildwine, Darby and the victim engaged in another orgy, with at least one other student and a 17-year-old. The victim reported being forced into sexual acts with a person at the party other than Hildwine. She also reported seeing the 17-year-old participate sexually with several others at the orgy. According to the police report, investigators asked if the victim had said \u201cno\u201d at any time during that night. The victim replied that she had not said anything while the sexual activity was taking place, but \u201cshe was lying on the ground crying and [they] should have known she didn\u2019t want to be touched.\u201d She also told investigators she had consumed large amounts of alcohol that night. The young victim went to the Northern Arizona Center Against Sexual Assault two days later on June 20 but did not file a police report at the time. On Aug. 21, she reported the allegations to the Flagstaff Police Department. The same day, the case was transferred to the Coconino County Sheriff\u2019s Office, and was informed. Six days later, on Aug. 27 President Rita Cheng sent Hildwine a memo informing him he was to be put on paid leave and subsequently suspended. He submitted his letter of resignation three days later on Aug. 30. This set off a chain of events leading to the deaths of both Hildwine and Darby in September. 2/27/25, 6:58 Faculty sexual abuse of students leads to 2015 murder-suicide | News | jackcentral.org 2/3 On Sept. 23, the bodies of Darby and Hildwine were found in a wooded area near the Abineau- Bearjaw trailhead parking lot. According to the Coconino County Sheriff\u2019s report, Darby was shot four times, and her death was ruled a homicide, while Hildwine was shot once, and his death was ruled a suicide. The report showed they had written suicide notes. This is not the only known case of accused sexual misconduct of faculty or administrators. Several students, faculty and employees also accused Owen F. Cargol, former president, of being too physical and \u201ctouchy\u201d with students in 2001. Many of them said interactions with him made them uncomfortable, and Betsy Buford, president of NAU\u2019s Associated Students for Women\u2019s Issues at the time, said \u201cthere was definitely buzz around campus about the way he treated students.\u201d Cargol was pressured to resign following a sexual harassment complaint filed by an employee, and after the discovery of sexually harassing emails written by Cargol. According to Kimberly Ott, assistant to the president for executive communication and media relations, there have been 10 formal complaints of sexual harassment and three formal complaints of sexual assault made against faculty members from 2010 through 2016. For the safety of students, faculty and staff, The Lumberjack is investigating complaints of sexual misconduct by faculty. The power of public records Multiple formal complaints of sexual misconduct by faculty since 2010 2/27/25, 6:58 Faculty sexual abuse of students leads to 2015 murder-suicide | News | jackcentral.org 3/3"} |
7,645 | Thomas Holm | University of California – Los Angeles | [
"7645_101.pdf",
"7645_101.pdf"
] | {"7645_101.pdf": "Thomas Holm School of Law lecturer Thomas Holm taught the mandatory \"Lawyering Skills\" class for first-year School of Law students and a writing seminar for second-year law students. The female student complainant and witnesses described 15 instances of inappropriate or questionable conduct Title investigator found that Holm had most likely engaged in 12 of the 15. The incidents include inappropriate comments about students' physical appearance and dress, calling female students late at night, pressuring a female student to give him a ride and making comments on female students' sex lives. In response to some of the allegations against him, however, Holm told investigators that he had not initiated inappropriate conversations and denied that his actions were done with a sexual intent or purpose. He settled with the regents, and his employment at the law school ended Dec. 30, 2015. Campus: Los Angeles Complaint date: March 16, 2015 Questions, comments or corrections? Email [email protected] (mailto:[email protected]). Data and code is open-source on GitHub ( Support innovative, independent student journalism. Donate today. ( Copyright \u00a9 2019 The Daily Californian, The Independent Berkeley Student Publishing Co., Inc."} |
7,352 | Juan Antonio Serna | Georgia Southern University | [
"7352_101.pdf",
"7352_102.pdf",
"7352_103.pdf"
] | {"7352_101.pdf": "v (2011) Court of Appeals of Georgia v. The STATE. No. A10A2275. Decided: March 17, 2011 Robert S. Lanier, Jr., for Serna. Richard Ashley Mallard, Daphne Helena Jarriel, for the State. Following a jury trial, Juan Antonio Serna appeals from his conviction of sexual battery,1 possession of dangerous drugs,2 and furnishing alcohol to a person under 21 years of age .3 Serna challenges the dangerous drug count only, contending that (1) the evidence was insufficient to prove that he committed the crime as alleged in the indictment, (2) the trial court erred by instructing the jury on fatal variance, and (3) the evidence did not suffice to show intent. For the following reasons, we affirm. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the appellant \u2024 no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia.4 Conflicts in the testimony of the witnesses, including the State's witnesses, are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld.5 So viewed, the evidence showed that a group of college students and friends gathered in an apartment for a birthday celebration. The group drank alcohol and socialized over the course of the evening, and Serna, a professor at the college who knew several of the students, also attended. At one point, Serna offered to provide the students with a high quality tequila, and he left to retrieve the tequila. By the time \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 6:58 v (2011) | FindLaw 1/10 he returned to the apartment, most of the attendees had left, but K. M., one of Serna's former students and teaching assistants, remained in the apartment. Serna and K.M. drank a shot of tequila together, and Serna offered K.M. a small bottle containing a substance he asked K.M. to sniff, which rendered K.M. \u201cvery dizzy.. very heavy and just kind of stuck where [he] was .\u201d Serna then proceeded to sexually touch K.M. without K. M.'s consent. Serna soon left the apartment, and K.M. called campus security after he recovered from the effect of the sedative administered by Serna. Serna was arrested, and police found in his residence a bottle labeled \u201cAmsterdam Poppers\u201d matching K. M.'s description of the sedative. Serna was charged with several crimes based on the assault, and a jury found him guilty of sexual battery, possession of dangerous drugs, and furnishing alcohol to a minor. After Serna's motion for new trial was denied, he filed this appeal. 1. Serna contends that the evidence was insufficient to show that he committed the dangerous drug violation as alleged in the indictment. Serna does not challenge the sufficiency of the evidence as to the finding that he unlawfully possessed a dangerous drug; instead, he argues that the offense was not proven as alleged. Thus, Serna essentially contends that there was a fatal variance between the proof and the indictment. Our courts no longer employ an overly technical application of the fatal variance rule, focusing instead on materiality. The true inquiry, therefore, is not whether there has been a variance in proof, but whether there has been such a variance as to affect the substantial rights of the accused. It is the underlying reasons for the rule which must be served: 1) the allegations must definitely inform the accused as to the charges against him so as to enable him to present his defense and not to be taken by surprise, and 2) the allegations must be adequate to protect the accused against another prosecution for the same offense. Only if the allegations fail to meet these tests is the variance fatal.6 Here, the indictment accused Serna of possessing \u201ca dangerous drug, to wit: Amyl Nitrate, in violation of Dangerous Drug Act, Code Section 16-13-70 [et seq.], in that said accused possessed a bottle of liquid labeled \u2018Amsterdam Poppers[,\u2019] also known as Amyl Nitrate, contrary to the laws of this state\u2024\u201d Serna correctly points out that amyl nitrate is not included in the list of dangerous drugs,7 although he concedes that the trial evidence showed that the bottle he possessed contained alkyl nitrite, which is classified as a dangerous drug.8 These facts are materially the same as those in Hardin v. State,9 in which this Court affirmed the conviction of a defendant who was indicted for possessing a certain compound alleged to be a controlled substance, but which was actually a nonexistent compound with a name similar to an actual controlled substance.10 This Court concluded that the difference was due to an \u201cobvious typographical error in the indictment\u201d and found the variance to be harmless.11 We find this reasoning persuasive here in light of the similarity in name between the indicted chemical and the proven chemical. Further, the 2/27/25, 6:58 v (2011) | FindLaw 2/10 indictment notified Serna of the date of the offense, the type of offense, and the basis for the offense; and Serna was convicted of the same offense listed in the indictment.12 Based on these circumstances, Serna's defense was not compromised at trial, and he was protected from a second prosecution for the same offense. Therefore, the variance between the allegations in the indictment and proof at trial was not fatal.13 2. Serna also contends that the trial court erred by leaving for the jury the question of whether any variance between the indictment and proof at trial was fatal. To the extent the trial court relied on the jury to determine whether the variance was fatal, we agree, but we find the error to be harmless in light of our holding in Division 1. 3. Finally, Serna contends that the evidence was insufficient to show his intent to possess a dangerous drug because he was unaware that the chemical compound in the \u201cAmsterdam Poppers\u201d bottle was classified as a dangerous drug under \u00a7 16-13-71. We disagree \u00a7 16-13-72 provides that \u201cit shall be unlawful for any person \u2024 to \u2024 possess in this state any dangerous drug,\u201d except under certain medical and pharmacological circumstances not present in this case. The term \u201cdangerous drug\u201d is defined to include alkyl nitrite, which was the compound Serna possessed.14 Serna argues that because he was unaware of the precise chemical compound in the bottle and of its \u201cdangerous drug\u201d status in the Criminal Code, he lacked the requisite criminal intent to be guilty of possessing the dangerous drug. Nevertheless, \u201c[i]gnorance of the law excuses no one.\u201d15 \u201cThe fact that the defendant was ignorant of the fact that [ ]he was violating the law does not relieve h[im] of criminal intent if [ ]he intended to do the act which the legislature has prohibited.\u201d16 Serna does not contend that he did not possess the chemical or that his possession was accidental. Furthermore, with respect to Serna's knowledge of the nature of the chemical, both knowledge and possession may be proved, like any other fact, by circumstantial evidence. And it has long been the law that knowledge may be proved by facts and circumstances from which a jury could reasonably infer that a defendant knowingly possessed contraband. Thus \u00a7 16-2-6 provides that a jury may find criminal intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.17 At trial, there was evidence supporting an inference that Serna used the dangerous drug to sedate his sexual battery victim. This conduct demonstrated Serna's knowledge of the harmful effect of the compound and authorized the jury to conclude that Serna intended to possess a dangerous drug, even if he was subjectively unaware of the precise chemical compound in the bottle and its regulated nature. 2/27/25, 6:58 v (2011) | FindLaw 3/10 Thus, based on the facts of this case and the longstanding principles quoted above, we conclude that Serna's argument fails.18 Judgment affirmed 1 \u00a7 16-6-22.1(b). 2 \u00a7 16-13-72. 3 \u00a7 3-3-23.1(a). 4. Jackson v. Virginia, 443 U.S. 307 (99 2781, 61 LE2d 560) (1979). 5. (Punctuation omitted.) McKay v. State, 234 Ga.App. 556, 556-557(1) (507 S.E.2d 484) (1998). 6. (Punctuation omitted; emphasis supplied.) Cooper v. State, 286 Ga. 66, 68(2) (685 S.E.2d 285) (2009). 7. We note that Serna did not file a general demurrer to the indictment in the trial court; therefore, in this direct appeal from the denial of a motion for new trial, we do not consider the argument that the indictment failed to allege the commission of any crime.When an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law and, upon the trial, no demurrer to the indictment is interposed and the accused is convicted under the indictment and judgment is entered on the verdict, the accused's proper remedy is a motion in arrest of judgment or habeas corpus motion for [directed verdict or] new trial is not the proper method to attack the sufficiency of an indictment and does not provide a basis for this Court to review the indictment.(Punctuation and citations omitted.) McKay, 234 Ga.App. at 559(2). 8. See \u00a7 16-13-71(b) (21.1). 9. 142 Ga.App. 795 (237 S.E.2d 202) (1977). 10. See id. at 796(2). 11. Id. 12. Compare Smith v. State, 202 Ga.App. 664, 665 (415 S.E.2d 481) (1992) (reversing conviction of offense not charged in indictment). 13. See Hardin, 142 Ga.App. at 796(2). See also Murray v. State, 157 Ga.App. 596, 598-599(4) (278 S.E.2d 2) (1981) (finding no fatal variance despite a discrepancy in the name of the chemical compound). 2/27/25, 6:58 v (2011) | FindLaw 4/10 14. See \u00a7 16-13-71(b) (21.1). 15 \u00a7 1-3-6. 16. Wilson v. State, 57 Ga.App. 839, 841 (197 48) (1938). See Mincey v. State, 303 Ga.App. 257, 257- 258 (692 S.E.2d 809) (2010). 17. (Punctuation and citations omitted.) Riley v. State, 292 Ga.App. 202, 205(2) (663 S.E.2d 835) (2008). 18. Cf. In the Interest of T. S., 211 Ga.App. 46, 47(2) (438 S.E.2d 159) (1993) (affirming finding of delinquency for inhaling fumes of substance defined as \u201cmodel glue,\u201d when juvenile inhaled spray paint fumes containing acetone). See also Duvall v. State, 305 Ga.App. 545, 546(1) (699 S.E.2d 761) (2010), cert. granted, Duvall v. State, ---Ga. ---- (Case No. S10C2079, granted Feb. 7, 2011). DOYLE, Judge. ELLINGTON, C.J., and ANDREWS, J., concur. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/27/25, 6:58 v (2011) | FindLaw 5/10 Go to Learn About the Law v (2011) Docket No: No. A10A2275. Decided: March 17, 2011 Court: Court of Appeals of Georgia. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 6:58 v (2011) | FindLaw 6/10 \uf105Law Students Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Get email updates from FindLaw Legal Professionals 2/27/25, 6:58 v (2011) | FindLaw 7/10 Enter your email address to subscribe * Indicates required field Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 Email * \uf105 2/27/25, 6:58 v (2011) | FindLaw 8/10 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 6:58 v (2011) | FindLaw 9/10 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 6:58 v (2011) | FindLaw 10/10", "7352_102.pdf": "Serna sentenced to a year in jail Dr. Juan Serna - photo by Updated: Mar 29, 2008, 4:00 Published: Mar 14, 2008, 5:15 ( u=https%3A%2F%2F sentenced-to-a-year-in-jail%2F) ( text=https%3A%2F%2F sentenced-to-a-year-in-jail%2F) Georgia Southern University associate professor Dr. Juan Serna, convicted in January of sexual and drug offenses against a former student, faces a year in jail. Bulloch County Superior Court Judge William Woodrum sentenced Serna, 46, to two concurrent sentences of 12 months each, and gave him a choice of whether to serve the time in the Bulloch County Jail or Bulloch County Correctional Institute, according to Sherri Akins, Bulloch County clerk of courts After a three-day trial, jurors deliberated for a total of four and a half hours before finding Serna innocent of the charge of aggravated sodomy, a felony, but guilty of sexual battery, possession of a dangerous drug, and furnishing alcohol to underage persons, which are misdemeanors. ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local During the trial the victim said Serna used \"Amsterdam Poppers,\" to render him defenseless before forcing himself upon him. Serna told jurors the sexual encounter was consensual. Amsterdam poppers is a chemical labeled as amyl nitrate but tested by Georgia Bureau of Investigation chemists as alkyl nitrite, an illegal drug, to aid his advances towards the victim. The victim testified Serna waved the drug under his nose and it rendered him unable to speak and resist Serna's advances. Two other witnesses, who did not know the victim, testified Serna offered the same chemical to them in 2003, and described similarities in the way Serna invited them to his home and showed them pornography in what they felt was an effort to have sex with them. The victim testified Serna did the same thing to him in 2005, months before a party April 28/29 when the sexual assault occurred third witness, also a former student, testified against Serna as well, describing events taking place in Costa Rica during a class trip ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local Get the Statesboro Herald headlines Email Required State School Superintendent visits Bulloch County to honor eight schools Schools receive nine Math Leader & Literacy Leader Awards Georgia State School Superintendent Richard Woods visited Bulloch County is shown earlier this week at Stilson Elementary where he presented academic awards to eight county schools. ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local From staff reports Published: Feb 27, 2025, 5:19 ( u=https%3A%2F%2F school-superintendent-visits-bulloch-county-to-honor-eight- schools%2F) ( text=https%3A%2F%2F school-superintendent-visits-bulloch-county-to-honor-eight- schools%2F) Georgia State School Superintendent Richard Woods visited Bulloch County earlier this week to present nine academic leader award banners to administrators of eight of Bulloch County Schools\u2019 15 schools. According to a release for Hayley Greene, Public Relations director for the school district, school and district leaders met with Woods at Stilson Elementary School, where he recognized schools with students who had either high achievement or high growth or both on the Georgia Milestones Assessments. Five elementary, two middle and one high school in Bulloch County received the honors Math Leader Award Schools were recognized for achievement or growth in the percentage of students scoring at the proficient learner level or above in mathematics total of 624 schools in the state met these qualifications including Bulloch County\u2019s Nevils, Brooklet and Stilson elementary schools and Southeast Bulloch High School. ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local Literacy Leader Award Schools were recognized for either their percentage of students reading at or above grade level or growth in the percentage of students reading at or above grade level total of 324 schools in the state met these qualifications, including Julia P. Bryant Elementary, Mattie Lively Elementary, and Stilson Elementary and two middle schools \u2013 Langston Chapel and Southeast Bulloch. Stilson Elementary received both the Math and Literacy awards. According to Georgia\u2019s 2024 College & Career Ready Performance Index released this fall, Stilson led the school district in score improvements, including having the district's highest growth gains in English language arts and math. Bulloch County Superintendent of Schools Charles Wilson, Board of Education Chairman Liz Williams, and Board Member Donna Clifton joined State Superintendent Woods in celebrating the successes of these schools. ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local ( Local (/local/) ( ( p E-Edition(/api/v1/tecnavia/re E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local Get the Statesboro Herald headlines Email Required ( Local (/local/) ( ( p E-Newsletter signup( Bill Pay ( invoice/) Log In(/login/?next=/local/se Register(/register Local(/local/) Sports(/sports/) Life(/life/) Contests(/contests/) ( ( Police Report(/local/police-report/) Locally Owned(/local/locally-owned/) Local", "7352_103.pdf": "73\u00b0 Columbia \uf0c9 Live News First Alert Weather \uf002 (Statesboro, Georgia-AP) May 1, 2006 Georgia Southern University instructor was charged Monday with sexual battery and aggravated sodomy 19-year-old man accused the instructor. Statesboro detective Tommy Brown says Juan Antonio Serna, a 44-year-old teacher of foreign languages, was a guest at a gathering at the alleged victim's apartment Saturday. The man reported the next day that Serna forced himself upon him after other guests left. University spokesman Stephen Ward said Serna, employed by since 1999, was suspended without pay and banned from campus Monday. Serna was held without bond at the Bulloch County Jail, according to jail officials. Brown said the 19-year-old told investigators that Serna made unwelcome advances last September, but he continued to work for Serna in the Center for Latino Outreach Program at Georgia Southern and often was with Serna in social situations. Posted 10:12pm by Chantelle Janelle Georgia Southern instructor accused of sexual battery Published: May. 2, 2006 at 1:15 | Updated: May. 3, 2006 at 3:56 Techno Mag | Sponsored Crossout | Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy. Join now for Free Play Now Access all channels anywhere, anytime Container Homes | Search Ads | Sponsored New Container Houses In Mubarikpur: Take Look At The Prices Learn More Jobs Online | Search Ads | Sponsored Affordable Wedding Dress | Search Ads | Sponsored Mubarikpur: Discover Affordable Wedding Dress Options Learn More Laser Cutting Machines | Search Ads | Sponsored Mubarikpur: Discover Affordable Laser Cutting Machine Options Learn More Do You Speak English? 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Learn More Expertinspector | Sponsored Trending in in 2025: Local network access control [Click Here] Learn More \uf057 2/27/25, 6:58 Georgia Southern instructor accused of sexual battery 2/4 Most Read \uf144 Irmo charter school teacher accused of sexually abusing students; principal arrested for failing to report \uf144 Warrants: Lexington One middle school teacher sexually abused 15-year-old \uf144 Lugoff man dies after being shot at \u2018booby-trapped\u2019 home \u2018Profound betrayal\u2019: 8 charged in North Charleston corruption investigation \uf144 Jury awards $700M in total damages to Brittanee Drexel\u2019s mother in lawsuit against daughter\u2019s killer \uf057 2/27/25, 6:58 Georgia Southern instructor accused of sexual battery 3/4 \uf144 Girl Scouts selling cookies encounter man armed with hatchet in Hickory \uf144 9-year-old boy dies in Holly Hill house fire Rep. Wilson says he\u2019s drafting legislation to put Trump on new $250 bill \uf057 Terms of Use Privacy Policy Public Inspection File [email protected] - 803-799-1010 Applications Report Careers Closed Captioning/Audio Description Advertising Digital Marketing At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News First Alert Weather Sunrise Sports Contact Submit a News Tip 1111 Bull St. Columbia 29201 (803) 799-1010 2/27/25, 6:58 Georgia Southern instructor accused of sexual battery 4/4"} |
7,274 | Patrick Lanning | Chemeketa Community College – Yamhill Valley Campus | [
"7274_101.pdf",
"7274_102.pdf",
"7274_103.pdf"
] | {"7274_101.pdf": "All Access + The Oregonian online newspaper \u2013 Start today for $1 Advertisement Chemeketa Community College administrator sued by woman who alleged rape Updated: Sep. 26, 2014, 8:56 p.m. | Published: Sep. 26, 2014, 7:56 p.m. By The Associated Press woman who accused a community college administrator of raping her has sued the school, seeking at least $4.8 million and alleging it knew of the man's \"history of sexual misconduct\" and failed to protect her. The lawsuit filed in federal court is against Chemeketa Community College and Patrick Lanning, who was president of the school's Yamhill Valley campus in McMinnville, the Salem Statesman Journal reported Friday. Lanning was put on administrative leave in February after the woman accused him of raping her at the end of a night of drinking and socializing during an education conference in Portland. Multnomah County prosecutors declined to press charges, saying there wasn't enough evidence to obtain a conviction. The college wouldn't comment on the lawsuit or on Lanning's status except to say it reached a settlement with him. Lanning's lawyer, Randal Acker, did not immediately return a call for comment. Subscribe The lawsuit doesn't name the woman, who resigned June 30. It says she has had to pay for medical and counseling costs, and she suffers from night terrors, humiliation, embarrassment and a general loss of enjoyment of life. It says that Lanning's history includes sexual harassment of another female employee at Chemeketa in 2012. \"We have no record of a formal complaint or investigation. We don't know what the complainant is referring to,\" college spokesman Greg Harris said. Lanning's leave came to light in April when he was the top choice to become president of Central Oregon Community College in Bend, but its board balked when it learned he hadn't disclosed that he was on leave. In July, Lanning threatened to sue Chemeketa Community College for breach of employment contract, defamation and failure to pay wages. Harris confirmed this week that it reached a settlement with him. He said its documents are personnel records exempt from public disclosure. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us Our Journalists About OregonLive.com Contact The Newsroom Technical Support Search Our Archives Advertise With Us Subscribe to The Oregonian Subscriber Services Digital Subscription Delivery Opportunities Accessibility Statement Subscriptions The Oregonian eNewspaper Email Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback Read More Top News Today's Top News Politics Crime Business Commuting Weather Education Homes & Gardens Letters to the Editor Video Environment Tom Hallman Special Sections Here is Oregon Sports High School Sports Ducks Beavers Trail Blazers Timbers Thorns Recruiting News Entertainment Travel & Movies Eat, Drink, Cook Comics Archives Your Regional News Pages Portland Washington County Clackamas County Clark County Pacific Northwest Follow Us Email Newsletters News on Alexa or Google Home YouTube Twitter Facebook Instagram Mobile iPhone, Android apps Tablet apps More on OregonLive.com Place an Ad Autos Jobs Sponsor Content Post a Job | Privacy Policy | User Agreement | Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7274_102.pdf": "College Exec Accused of Sexual Battery / September 29, 2014 PORTLAND, Ore. (CN) - The campus president of an Oregon community college sexually battered an employee after telling her she was \"not drinking fast enough\" at a college event, the woman claims in court. Jane Doe sued Chemeketa Community College and Patrick L. Lanning, its campus president and chief academic officer, on Sept. 24 in Federal Court. Chemeketa is in Salem, the state capital. Lanning was president of the college's Yamhill Valley campus and was put on paid administrative leave in February, according to the Salem Statesman Journal. Doe claims Lanning sexually battered her on the evening of Feb. 6-7, after a school-sponsored conference at the Portland Airport Sheraton. On the evening of Feb. 6, Doe says, she found herself seated next to Lanning. \"On one or more occasions, Lanning commented that plaintiff was not drinking fast enough and encouraged her to drink more quickly. On two occasions, Lanning ordered plaintiff an additional drink without her permission,\" according to the complaint. It continues: \"During the same time and in the same place, Lanning made unwanted and unwelcome physical contact with plaintiff, including rubbing her back and shoulders, massaging her waist and buttocks, and touching her between her legs underneath the table. \"After the touching between the legs, plaintiff left the bar visibly upset and crying.\" Doe says two deans of the college took her back to her room. The room phone rang. One dean \"suggested that it was likely Lanning\" and told her that she \"did not have to answer it,\" Doe says. The female dean offered to stay with her in the room, Doe says, but she declined. Sometime thereafter, Doe says, \"Lanning was in plaintiff's hotel room. The room was dark, with the curtains drawn, but plaintiff was aware that Lanning was on top of her in her bed. Plaintiff sensed Lanning was touching her; that his hands were on her skin; that he was caressing her neck; that he was touching her sexually; and that he was sexually penetrating her.\" Doe says she was incapacitated during the assault. She says she woke up naked in the morning, with Lanning's eyeglasses on the nightstand next to the bed. Doe says she went to a hospital and underwent a rape kit exam. \"The nurse telephoned Port of Portland Police to report a rape and that Patrick Lanning had been identified as the assailant,\" Doe says in the lawsuit. Try Litigation Reports or Log in Thursday, February 27, 2025 | Back issues Log in to CasePortal Thursday, February 27, 2025 Free Litigation Reports Find Judicial Opinions 2/27/25, 6:59 College Exec Accused of Sexual Battery | Courthouse News Service 1/2 \u00a9 2025, Courthouse News Service Terms of Use \u2022 Privacy Policy \u2022 Do Not Sell or Share My Personal Information About Us / Masthead / Advertise / Customer Support / Careers Connect with us on our social channels: \uf2d4 \uecba \uf3e7 She seeks punitive damages from Lanning for sexual battery, intentional infliction of emotional distress, invasion of privacy, and intentional interference with economic relations. She seeks damages from Chemeketa Community College for civil rights violations, sex discrimination, negligence, and vicarious liability. She is represented by Richard E. Slezak in Salem. Categories Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world. Subscribe Additional Reads Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Subscribe to Closing Arguments [email protected] 2/27/25, 6:59 College Exec Accused of Sexual Battery | Courthouse News Service 2/2", "7274_103.pdf": "Fired college president claims relationship was consensual Queenie Wong Statesman Journal Published 5:26 p.m Oct. 11, 2014 Updated 10:05 a.m Oct. 13, 2014 Patrick Lanning \u2014 a high-ranking Chemeketa Community College official who was fired in June after a female employee accused him of sexual misconduct \u2014 claims the woman seduced him. The former president of the college's Yamhill Valley Campus told an investigator that what happened between the two was consensual, denying he violated the college's sexual harassment policy. College officials disagreed. \"You have, by your lack of judgment and actions, placed the college in a situation where can only find that your conduct has violated two of the core college policies affecting the college environment, and most particularly, an employment relationship within the college,\" Cheryl Roberts, then the college's president, wrote to Lanning. The college released 141 pages of documents to the Statesman Journal on Friday after an earlier public records request. The college initially denied the newspaper's request, but following an appeal the Marion County District Attorney's Office ruled that the documents should be released. The documents included Lanning's termination letter, a settlement and the results of the college's investigation. In July, Lanning threatened to sue the college for a breach of employment contract, defamation and failure to pay wages. Chemeketa paid Lanning $38,391 in September to prevent him from filing a lawsuit in what could have been a more costly trial, according to the settlement. 2/27/25, 6:59 Fired college president claims relationship was consensual 1/4 Investigative interviews conducted by the college of Lanning and the woman who accused him of sexual misconduct reveal widely differing accounts of what happened the night of an education conference on Feb. 6. The woman accused Lanning of raping her in a Portland hotel room after she woke up naked. Lanning, once the top pick to become president of Central Oregon Community College in Bend, contended that what happened was consensual. \"Dr. Lanning indicated that he now feels that this was only part of an agenda on the part of (the woman who accused him of sexual misconduct) to somehow cause problems because of his attempt to gain other employment or her own disgruntlement with her job status at the school,\" the college's investigation report stated. What they said It was a night of drinking among college employees that went awry. On Feb. 6, inside the Sheraton Portland Airport Hotel, Lanning made his way to the hotel bar after dinner along with a group of Chemeketa Community College employees. Less than a dozen of the college's employees attended the 2014 Student Success & Retention Conference that day because snow blanketed the roads. RELATED: CCC's Lanning accused of rape at work conference Lanning sat in a booth next to a female employee, a tray of tequila shots on the table. How closely the two \u2014 both married \u2014 sat next to each other, leaned in, touched and whispered, began to raise the eyebrows of colleagues. Lanning began rubbing the woman's shoulder and back, according to the college's investigation. The woman told the college's investigator, Craig Stoelk, in March that she felt uncomfortable and squeezed Lanning's leg in attempt to get him to stop touching her. Lanning told the same investigator in April that the woman leaned into him and his rub was only \"therapeutic\" and he was a \"huggy person.\" He said that the woman began to rub his upper thigh and his penis, which caught him off guard. 2/27/25, 6:59 Fired college president claims relationship was consensual 2/4 Lanning told the investigator that he later went up to the woman's room to check to see if she fell and injured herself. After he used the bathroom in her hotel room, Lanning claimed that the woman was not wearing any pants, kept hugging him and rubbed her groin onto his side. He told the investigator that he got sexually excited while she was touching him, but denied any sexual acts. He didn't stop the woman's advances, Lanning told the investigator, because he \"felt it would be disrespectful\" to stop her. The next morning, the woman, distraught, naked and her memory hazy, accused Lanning of raping her in her hotel room. Lanning claimed their relationship was consensual and denied that he sexually assaulted the college employee. The Port of Portland Police Department investigated the allegations, but the Multnomah County District Attorney's Office chose not to pursue the case, noting there was \"insufficient evidence to prove a crime beyond a reasonable doubt.\" For Chemeketa Community College, the investigation didn't stop there. The firing College officials concluded in June that Lanning violated the college's harassment and sexual harassment policies and decided to fire him. Lanning's claim that the woman was the aggressor \"are simply not credible,\" Roberts wrote to Lanning in his termination letter reasonable person, particularly a reasonable experienced supervisor, would not place himself in such a position, much less engage in prolonged intimate physical contact such as you describe in your statement, if you were only concerned with a subordinate's physical well-being,\" she wrote. The college's sexual harassment policy includes examples of inappropriate behavior. That includes encroaching on a person's physical space, unwelcome touching and repeated unwelcome social invitations, phone calls, texting, social media contact, email or notes. An employee in a consensual relationship with another employee is barred from supervising or making grading decisions related to that person, under the college's policy. Lanning argued that being fired was too harsh of a punishment. 2/27/25, 6:59 Fired college president claims relationship was consensual 3/4 He has never been disciplined before and should remain as the Yamhill Valley campus president, but give up his title of \"chief academic officer.\" \"You have not been subject to prior discipline. However, the college has transferred or terminated employees for a single instance of similar behavior towards others in the campus setting,\" Roberts wrote. Even with Lanning's departure from the college, the case isn't over. The woman who accused Lanning of sexual misconduct is suing the college and Lanning for at least $4.8 million. The lawsuit, filed in U.S. District Court in late September, alleges that the college was negligent, failing to protect her from sexual abuse when they knew of Patrick Lanning's \"history of sexual misconduct.\" College officials have denied they knew of any prior incidents of sexual misconduct involving Lanning, noting they have no record of a formal complaint or investigation. The college's lawyer has not yet responded to the claims made in the lawsuit. \"We feel like we responded appropriately when we were informed of the violation, that we strived to protect everyone's rights in this situation, as well as the public's investment,\" said Greg Harris, a spokesman for Chemeketa. [email protected], (503) 399-6694 or follow at Twitter.com/QWongSJ. 2/27/25, 6:59 Fired college president claims relationship was consensual 4/4"} |
7,245 | David Marchant | Boston University | [
"7245_101.pdf",
"7245_102.pdf",
"7245_103.pdf",
"7245_104.pdf",
"7245_105.pdf"
] | {"7245_101.pdf": "1, 2022 3 It\u2019s Time for Science to Take Down Bullies in Its Own Ranks Academics too often use intellectual attainment to excuse abusive behavior. That needs to stop 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 1/7 Jaime Jacob 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 2/7 Early this year one of the world\u2019s most prominent scientists, Eric Lander, had to resign his position as President Joe Biden\u2019s science adviser and director of the White House Office of Science and Technology Policy. He was forced to quit because of evidence that he had bullied staff members and created a hostile work environment. Lander, a leader in the successful effort to sequence the human genome, had headed the prestigious Broad Institute of Harvard and M.I.T. before being tapped for the White House job. He now joins the ranks of other top scientists who have been sanctioned over behavior ranging from disrespect and bullying to illegal sexual harassment. The most publicized cases have involved Title violations. (This is the federal civil rights statute that bars sexual harassment in educational programs that receive federal funds.) In 2015 astronomer Geoffrey Marcy resigned from the University of California, Berkeley, after a Title investigation found him guilty of sexual harassment, including kissing and groping students. In 2018 evolutionary biologist Francisco Ayala, a one-time president and chair of the board of the American Association for the Advancement of Science, resigned from U.C. Irvine after an investigation found that he had violated the university\u2019s policies on sexual harassment and sex discrimination, even after repeated warnings. In 2019 geologist David Marchant\u2014who had a glacier named for him\u2014was fired from Boston University after an investigation concluded that he had repeatedly made sexual comments and used derogatory sex-based slurs against a former graduate student. (The student also alleged Marchant pushed her down a rocky slope, although the investigation did not confirm this.) In a historic first, in 2021 the National Academy of Sciences May 2022 Issue Policy 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 3/7 expelled both Marcy and Ayala from its ranks. Marchant\u2019s glacier was renamed. But not all cases fall under Title IX. As Lander\u2019s case shows, there are many forms of bad behavior in science that don\u2019t rise to the level of illegality, and perhaps for that reason colleagues often look the other way. Why? The reasons are complex and likely include some outright sexism and a whole lot of implicit bias. But there\u2019s another problem in scientific culture that is rarely addressed: the acceptance of personal misconduct in light of high professional accomplishment. Many academics seem to believe that brilliant people should be excused a degree of bad behavior. This can veer into an intellectual superiority complex. Arthur T. Hadley, president of Yale University from 1899 to 1921, offered this view in an influential 1925 text that argued intelligence should be \u201ca determining factor\u201d in deciding on allowable personal conduct. The greater your brainpower, the greater your right to do as you please. Hadley is mostly forgotten, but his attitude persists. It helps to explain why academics often rally around bullies with arguments about how accomplished they are as geologists, biologists, anthropologists or even literary theorists. This is a logical error: it conflates intellectual greatness with human decency, which are, clearly, two different things. It also may help explain a pattern common in these cases: that some people close to the culprit insist they never witnessed anything like the alleged behavior. In the Marchant case, a fellow geologist who had worked with him for 11 years insisted the accusations were \u201cinconsistent\u201d with his experiences. But Marchant may have behaved well around those he respected, while acting badly toward people of lesser professional stature. 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 4/7 Popular Stories Call it the Raskolnikov effect after the law student in Fyodor Dostoyevsky\u2019s Crime and Punishment, who justified theft and murder because he believed the crimes would let him overcome his poverty and fulfill his exceptional intellectual potential. Bullying is not murder, but the mindset that motivated Raskolnikov often undergirds other forms of antisocial behavior, and surveys show this kind of personal abuse in science is widespread. It is an important step forward when the research community holds its most prominent members accountable for their actions. It\u2019s not unfair, inappropriate or an overreaction. It\u2019s about time is a professor of the history of science at Harvard University. She is author of Why Trust Science? (Princeton University Press, 2019) and co-author of The Big Myth (Bloomsbury, 2023). More by Naomi Oreskes This article was originally published with the title \u201cScience Takes On Bullies\u201d in Scientific American Magazine Vol. 326 No. 5 (May 2022), p. 88 doi:10.1038/scientificamerican0522-88 View This Issue 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 5/7 18, 2025 Which Knot Is Stronger? Humans Aren\u2019t Great Judges People are surprisingly bad at guessing knot strength, a study found 20, 2025 Microsoft Claims Quantum- Computing Breakthrough\u2014but Some Physicists Are Skeptical With its \u2018topological\u2019 quantum computers, Microsoft aims to reach useful scales faster than competing technologies 25, 2025 \u2018Stand Up for Science\u2019 Rallies Will Protest Trump Attacks on Research Amid President Donald Trump\u2019s attacks on government scientists and science funding, researchers are arranging rallies to \u201cStand Up for Science\u201d in Washington, D.C., and nationwide on March 7 21, 2025 Why the News Feels Overwhelming \u2014And How to Cope An explanation of the science behind news fatigue, plus expert advice to take control and protect your well-being while staying engaged 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 6/7 25, 2025 Widening Highways Doesn\u2019t Fix Traffic. Here\u2019s What Can Highway widening projects usually don\u2019t solve congestion, but less expensive toll programs known as congestion pricing can. Here\u2019s why 18, 2025 This Backyard Bird Has a Lot to Teach Us about Sex Variability White-throated Sparrows demonstrate that traits we usually associate with sex can be influenced by genes that are not on sex chromosomes 2/27/25, 6:59 It's Time for Science to Take Down Bullies in Its Own Ranks | Scientific American 7/7", "7245_102.pdf": "Sexual Harassment Claims Made Against Prominent Boston University Scientist October 27, 2017 By Fred Thys This article is more than 7 years old. Editor's Note: This story contains details that may be upsetting to some readers. In 1999, when she was a graduate student, Jane Willenbring says she made a promise to herself: One day, she would report what she calls the horrific treatment she received during scientific field work in Antarctica. \"It was possibly the worst ... the worst experience of my life,\" Willenbring says. That long-ago promise to someday tell the story helped get her through the abuse she says she experienced. Last year, feeling secure in a new tenured position, Willenbring sent a letter to Boston University describing what she says happened during her first Antarctic summer with her supervisor, David Marchant. He was then an assistant professor in earth sciences at BU, widely recognized already for outstanding research on the East Antarctic Ice Sheet. His research changed the way people understand the stability of that ice sheet. He has a glacier named after him. But Willenbring says he revealed another side on that trip. 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 1/7 \"It was all sort of remarks about how bad was, what a slut was, how stupid was, how didn't belong in science,\" she says. \"There were constant comments about my body, and it also got quite physical. He would push me down and sort of attempt to dominate me, sometimes even sitting on top of me and spitting on me.\" One week, Willenbring says, Marchant threw rocks at her every time she urinated in the field. And a year before that trip, Chicago- area high school science teacher Hillary Tulley reports a similar experience with Marchant in Antarctica. Tulley traveled through a National Science Foundation program that sends teachers to Antarctica. \"As soon as we got off the helicopter in Beacon Valley,\" Tulley says, \"he grabbed me by my arms and shoulders and wheeled me around and almost threw me to the ground, and called me the c-word and an idiot b----, and said, 'We don't have time for sightseeing. We have to set up camp.' And don't think had taken two steps yet.\" Later, during meals, Tulley says Marchant made regular comments about her breasts. Jane Willenbring on a field expedition to Antarctica (Courtesy of Adam Lewis) 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 2/7 Another graduate student was present during both Willenbring's and Tulley's expeditions to Antarctica with Marchant. The student, Adam Lewis, told he witnessed Marchant being cruel to Willenbring and using coarse sexual language. And he says Marchant made grotesque sexual comments about Tulley's body when she was not around. Tulley and Lewis have both written letters that are included in the Title sexual harassment complaint Willenbring has brought against Marchant at BU. Another former graduate student has also filed a separate Title complaint. And on Thursday, the U.S. House Science Committee announced it has opened an investigation into the allegations of sexual harassment against Marchant. The committee wrote to seeking documents related to the assault investigation, as well as to the more than $5 million in federal grant research he received. \"He would push me down and sort of attempt to dominate me, sometimes even sitting on top of me and spitting on me Marchant did not agree to an interview, but emailed a brief statement citing the Boston University investigation do not wish to compromise the integrity of that investigation by making any comments before the investigation has been completed,\" the email says, in part. Marchant is on leave from his position as chairman of the Earth & Environment Department. 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 3/7 In Tulley's view, the harassment she says she experienced has an impact on the entire scientific community. \"Dave Marchant stole from science because he pushed people out,\" she says, \"and he derailed careers, which means that some important science probably never will get done and some perspectives are never going to be listened to because people left the field.\" Kathryn Clancy agrees. \"Certainly, women ... are really pushed out because of the ways that they're consistently discriminated against, that there are consistent implicit biases that are making them feel unwelcome.\" Clancy is the author of a 2014 study that found 70 percent of women field scientists reported having been sexually harassed, primarily by their superiors. The survey found that the harassment was overwhelmingly aimed at trainees. Clancy concludes from her continuing research that sexual harassment, more than any other barrier, is driving women from science. \"What we found was that people who had abusive or harassing experiences in the field were much more likely to make lateral career moves,\" she says. \"So, say they were working at one field site, they're going to move to a different field site, or take a step down. Like say they have a job with some esteem. They're going to take a job at a lesser institution to get away from a harasser ... and a number of people left science altogether.\" There is a David Marchant lab at BU. Among other discoveries, it contains what the team believes is the oldest ice in the world. Air bubbles in it can reveal what the atmosphere was like millions of years ago. Here is Marchant himself in a video on his website: 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 4/7 It's in the Marchant lab that post-doctoral researcher Sean Mackay meets me. He's been to Antarctica with Marchant five times in recent years. He says Marchant expects a lot of everyone who goes with him to Antarctica, but he's never seen Marchant treat women differently from men. \"Absolutely not,\" Mackay says. \"I've noticed him in the field being demanding and being exacting and expecting quality work have not in the least noticed him treat men and women differently.\" Mackay says on these expeditions, people are tired and hungry and cold and uncomfortable and isolated. \"It can feel intense and it can feel heavy,\" he says, \"but there's nothing that have ever seen in his behavior which represents the type of abusive behavior which I've heard in these allegations, or not even anything that would be construed as abusive behavior, but certainly, he can be demanding and he can expect high-quality work.\" 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 5/7 Mackay says the removal of Marchant from Antarctic research will be a significant blow to the pace of scientific discovery in Antarctica. Jennifer Berglund, a program administrator who has traveled to Antarctica with Marchant, speaks highly of working with him have worked closely with Dave Marchant for the past five years, both in the field and at Boston University, and my experiences have always been extremely positive,\" Berglund says in a statement. \"During that time, he has always been supportive of me and my career, and that of the other women and men have observed working with him.\u201d In La Jolla, California, at the Scripps Institution of Oceanography at the University of California San Diego, Willenbring is now an associate professor. Jane Willenbring in Antarctica in 2008 (Courtesy of Adam Lewis) 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 6/7 When she got back to Boston University from Antarctica, Willenbring says she did not report the abuse she says she suffered. She says she feared retaliation. That, she says, prompted her to wait all these years until she received tenure. But job security was just one factor in her decision to come forward. \"And then two other things happened,\" Willenbring says also had graduate students who are women of my own, one of whom went to Antarctica, and also had a daughter who told me that she wanted to become a scientist year after Willenbring filed her complaint, Boston University is still investigating. It explains the delay in a statement that says, in part: \"[T]he accusations involve harassment that is alleged to have occurred as long as 18 years ago in Antarctica, and it is taking time to reconstruct circumstances, identify witnesses, and verify facts.\" This segment aired on October 27, 2017. Fred Thys Reporter Fred Thys reported on politics and higher education for WBUR. More\u2026 2/27/25, 6:59 Sexual Harassment Claims Made Against Prominent Boston University Scientist News 7/7", "7245_103.pdf": "800-610-9646 | 800-610-9646 a a 1 2/27/25, 6:59 Geologist Accused of Sexual Harassment Gets Terminated by Boston University \u2013 Makarem Law | Makarem & Associates 1/8 Here To Help Clients To Better Future Home \u00bb Articles \u00bb Geologist Accused of Sexual Harassment Gets Terminated by Boston University 1 2/27/25, 6:59 Geologist Accused of Sexual Harassment Gets Terminated by Boston University \u2013 Makarem Law | Makarem & Associates 2/8 Boston University (BU) has fired its famous geologist David Marchant. According to a report published in Science about one and half years ago, Marchant was involved in sexually harassing women in remote Antarctic camps. The Hearing Committee comprising faculty members had previously recommended that Marchant be suspended for a period of three years without pay (instead of being terminated from service). The Committee had also prohibited Marchant from leading expeditions to the Antarctic on behalf of the university. However, now Robert Brown, the President of BU, has overruled the decision of the Hearing Committee, favoring a termination as appropriate for his actions of sexual harassment. The University\u2019s mandatory procedure according to the faculty handbook required the final step of the Board of Trustees to accept the recommendations. It was stated that the decision taken by the Board of Trustees was final. Reactions Jane Willenbring, an associate professor at the University of California\u2019s Scripps Institution of Oceanography, said in San Diego that although she had an idea Geologist Accused of Sexual Harassment Gets Terminated by Boston University On Behalf of Makarem & Associates | Apr 18, 2019 | Articles, Firm News 1 2/27/25, 6:59 Geologist Accused of Sexual Harassment Gets Terminated by Boston University \u2013 Makarem Law | Makarem & Associates 3/8 that sexual harassment cases favor no one, academia, the and Science gained significant favor due to this ruling. Willenbring\u2019s had made a complaint to the Title department of about Marchant\u2019s behavior. She complained of harassment against Merchant in an Antarctica expedition that kick-started the investigation. Willenbring said she was grateful to all who had the courage, to tell the truth about Merchant\u2019s behavior. Erika Marin-Spiotta, lead investigator of an (NSF)-National Science Foundation sponsored project known as ADVANCEGeo aimed to improve the geosciences\u2019 workplace climate, and a biogeochemist at Madison\u2019s University of Wisconsin said that Tenure should only protect intellectual and scientific freedom and harassers/abusers should not be favored in any manner Skokie high school tutor in Illinois, Hillary Tulley had complained that Merchant made profane comments and taunted her when she was at an Antarctica field site in the 1990s. Tulley cried as she was overwhelmed by the ruling and said that the sense of relief due to the delivery of justice by Boston University was highly satisfactory. Marchant\u2019s Point Marchant\u2019s lawyer Jeffrey Sankey belonging to Braintree, Massachusetts, had vowed to go against the termination legally via a statement states that Merchant \u201cnever\u201d harassed anyone sexually, neither in 1998 or 1999 anywhere, including Antarctica, nor at any other time. The Media Reports Marchant\u2019s case as reported on Full Frontal with Samantha Bee attracted national media attention on sexual harassment, specifically during fieldwork in sciences. The House of Representatives started investigating the case soon after. The issue prompted a glacier\u2019s renaming that once was named after Marchant. The investigation also helped to create newer reporting requirements that have 1 2/27/25, 6:59 Geologist Accused of Sexual Harassment Gets Terminated by Boston University \u2013 Makarem Law | Makarem & Associates 4/8 been accepted by the NSF. Speak to a Dedicated Sexual Harassment Lawyer in California If you have suffered sexual harassment of any kind at your workplace, know that it is safe to raise your voice and pursue a legal claim to ensure that the harasser does not go unpunished. Skilled sexual harassment attorneys at Makarem & Associates in California are here to protect your rights. Contact Makarem & Associates via email at [email protected] or call 310.312.0299 today. Recent Posts Managing stress when facing sexual harassment Is sexual harassment on social media by a co-worker actionable? 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Office Location 11601 Wilshire Boulevard Suite 2440 Los Angeles 90025 Contact 800-610-9646 1 2/27/25, 6:59 Geologist Accused of Sexual Harassment Gets Terminated by Boston University \u2013 Makarem Law | Makarem & Associates 7/8 \u00a9 2025 Makarem & Associates \u2022 All Rights Reserved Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw 1 2/27/25, 6:59 Geologist Accused of Sexual Harassment Gets Terminated by Boston University \u2013 Makarem Law | Makarem & Associates 8/8", "7245_104.pdf": "Boston University Investigation Finds Evidence of Sexual Harassment Provost shares results and explains disciplinary process November 17, 2017 By Today staff News, Opinion, Community Sections Search Investigation Finds Evidence of Sexual Harassment 0 \uee00 2/27/25, 6:59 Investigation Finds Evidence of Sexual Harassment Today | Boston University 1/6 David Marchant Boston University\u2019s Office of Equal Opportunity has concluded an investigation into the widely reported allegations of sexual harassment by David Marchant, a College of Arts & Sciences professor of earth and environment. In a letter to the faculty of that department, Jean Morrison, University provost, has shared the findings and explained the disciplinary process that will be followed. Share this story \uee00 Investigation Finds Evidence of Sexual Harassment 0 \uee00 2/27/25, 6:59 Investigation Finds Evidence of Sexual Harassment Today | Boston University 2/6 Latest from Today Today staff Profile Dream Come True\u201d: Grant Cartwright\u2019s First Year as Director of Track & Field and Cross Country POV: Cuts to Department of Education\u2019s Institute of Education Sciences Equals High Risk and Low Reward During Visit, President Gilliam Underscores Critical Partnership Between Government and Universities in Advancing Scientific Research After a Career of Ups and Downs, Callie Shanahan Is Playing the Best Hockey of Her Life Prof Produced Oscar-Nominated Short Film Anuja The Weekender: February 27 to March 2 The Academy Awards Are Sunday: Will It Be a Wicked Night United States Sides with Russia, Breaks with Europe, in Ukraine War Resolution John Wilson\u2019s Art of Black Humanity Student Health Services Launches Pillow Talk Card Game for Candid Conversations about Sexual Health For Ramadan Will Provide Prayer Spaces, Special Meals to Muslim Students Fast Start for Student Journalists in New Program Groundbreaking Journalist Dorothy Gilliam Gives a Gift of History Running the Boston Marathon to Support a Local Charity? Let Us Know Everything You Want to Know about Boston University\u2019s $550 Million Warren Towers Renovation Project Investigation Finds Evidence of Sexual Harassment 0 \uee00 2/27/25, 6:59 Investigation Finds Evidence of Sexual Harassment Today | Boston University 3/6 Is the United States in a Constitutional Crisis Getting to Know Your Neighborhood: The North End Korean Language, Literature, and Culture Is Booming at Outdoor Programs: Escape the City and Reconnect with Nature The Weekender: February 20 to 23 Investigation Finds Evidence of Sexual Harassment 0 \uee00 2/27/25, 6:59 Investigation Finds Evidence of Sexual Harassment Today | Boston University 4/6 explore our publications Boston University\u2019s Alumni Magazine News, Opinion, Community Pioneering Research from Boston University Get Our Email \u2709 Investigation Finds Evidence of Sexual Harassment 0 \uee00 2/27/25, 6:59 Investigation Finds Evidence of Sexual Harassment Today | Boston University 5/6 \uf611 \uf610 \uf630 \uf612 \uf641 \uf61b \uf6c8 \u00a9 2025 Trustees of Boston University Privacy Statement Accessibility \ud83d\udd0e Search Today\u2026 2/27/25, 6:59 Investigation Finds Evidence of Sexual Harassment Today | Boston University 6/6", "7245_105.pdf": "sciencemag.org 162 13 2017 358 6360 oston University is investigating sexual harassment complaints made against a prominent Antarc- tic geologist by two of his former graduate students. The women allege that David Marchant, then an assistant professor, harassed them during different research expeditions starting 2 decades ago, while they were isolated in small groups in the Antarctic. In supporting documents and interviews, several other women report simi- lar treatment from Marchant in that period. The first complainant, Jane Willenbring, now an associate professor at the Scripps Institution of Oceanography, part of the University of California, San Diego, alleges that Marchant repeatedly shoved her down a steep slope, pelted her with rocks while she was urinating in the field, called her a \u201cslut\u201d and a \u201cwhore,\u201d and urged her to have sex with his brother, who was also on the trip. The second complainant, Deborah Doe (a pseudonym), who was in Antarctica for two austral summers during this era, reports that Marchant called her a \u201cc--t\u201d and a \u201cbitch\u201d repeatedly. She alleges that he promised to block her access to research funding should she earn a Ph.D. She aban- doned her career dreams and left academe third woman, Hillary Tulley, a Skokie, Illinois, high school teacher, describes her experience in a supporting letter filed with Boston University (BU) investigators. \u201cHis taunts, degrading comments about my body, brain and general inadequacies never ended,\u201d she writes. She claims Marchant tried to exhaust her into leaving Antarctica. \u201cEvery day was terrifying,\u201d she says in an in- terview with Science. Willenbring writes that she waited to file her complaint with until October 2016, shortly after she received tenure, for fear of professional reprisal from Marchant before she had established herself as a scholar. Several of the women involved and two male witnesses say they feel guilty about not speaking out at the time, guilt that fuels their desire to speak now. \u201cThis is one of the only real regrets have in my whole life,\u201d says Adam Lewis, who as a graduate student was in Antarctica with Willenbring and Tulley had the chance to stand up for people. And didn\u2019t.\u201d Science is unaware of any additional formal complaints from more recent stu- dents. Marchant supervised two women who earned Ph.D.s in 2009 and 2016 and worked with him in Antarctica. Both women, contacted repeatedly by Science, declined to comment on their experiences with him. Marchant, 55, now a department chair- person at BU, declined by email to be inter- viewed or to provide his written rebuttal to Willenbring\u2019s complaint. Other documents related to the investigation suggest that he denies the allegations. He was scheduled to be honored as a fellow of the Geological So- ciety of America (GSA) at the society\u2019s meet- ing in Seattle, Washington, this month, but last week his name was removed from the website\u2019s list of new fellows. Some other women who have worked with Marchant at and in the field stoutly defend his character. Emily Jacesko, who as a 21-year-old undergraduate worked with Marchant in Antarctica in 2002, says she never witnessed or experienced sexual ha- rassment from him \u2026 sincere[ly] support \u2026 him as an upstanding and professional individual,\u201d says Jacesko, a senior staff geologist at a consulting firm headquar- tered in Boca Raton, Florida. She has filed a letter of support for Marchant with BU. The allegations come at a time of height- ened attention to sexual harassment and gender discrimination in science. Scien- tists are also becoming more attuned to the potential dangers women face in isolated field camps, where they may depend on senior men for food, water, and shelter. In one online survey published in in 2014, 71% of 512 female respondents re- ported being sexually harassed during field work; 84% of them were trainees. The allegations against Marchant raise the question of whether women can suc- cessfully press complaints many years after allegedly abusive incidents have seen claims up to 4 years after the last incident had happened. But haven\u2019t seen any- thing with quite that amount of time,\u201d says By Meredith Wadman Editor\u2019s note: This article includes crude language and disturbing details. Years ago, two women allege, their team leader sexually harassed them in Antarctica. Now they are taking action Published by on February 13, 2020 Downloaded from sciencemag.org 13 2017 358 6360 163 Alexandra Tracy-Ramirez, an attorney with Hopkins Way in Phoenix who specializes in gender discrimination. Tracy-Ramirez, who read Willenbring\u2019s complaint at Science\u2019s request, says the case likely \u201cwill be a fairly important part of a larger conversation schools are having about, \u2018What are we required to do?\u2019 and, \u2018What is the right thing to do describe him as often charming and charismatic, a very good scientist, and an excellent teacher. He made his name documenting land- scape evolution in Antarctica\u2019s McMurdo Dry Valleys, and he is known as an expe- rienced field geologist, making more than 30 research trips to the frigid continent. Jennifer Berglund, 33, a science commu- nicator based in Somerville, Massachusetts, who was a field assistant for Marchant in 2012, recalls her first, windy night in Ant- arctica, when she and her tentmate had set up their tent with only small rocks hold- ing down the guy lines. \u201cIn the middle of the night, we heard some rustling around outside of the tent. It was Dave lugging and placing giant boulders atop our small, scrawny ones, and tightening the guy lines.\u201d Marchant also made his mark on the campus, winning two teaching awards including, in 2004, one of the university\u2019s highest teaching prizes. In 2014 he was named a professor of the Howard Hughes Medical Institute (HHMI); his $1 million, 5-year award is part of a program to im- prove science teaching. Marchant was \u201can excellent professor,\u201d says Rachel Watsky, now a law student at BU. She took a class with Marchant, who was also her under- graduate academic adviser, and she worked for him as a lab assistant on campus in 2011\u201312. She told Science he was a \u201cgreat boss \u2026 eager for my input.\u201d The allegations against Marchant in the complaints and supporting documents paint a different picture, and read like a riveting survival novel unfurling in unfor- giving, isolated terrain. In her complaint, Willenbring describes her first Antarctic field season as a master\u2019s student starting in December 1999, when she was 22. Marchant, Willenbring, Lewis (then a graduate student at the University of Maine in Orono), and Marchant\u2019s brother Jeffrey, who was working as an assistant, lived and worked in the arid, boulder-strewn Beacon Valley and in the shadow of 2470-meter Pivot Peak. They slept in unheated tents in temperatures as low as \u201340\u00b0C, walked long distances in rugged terrain, and dug deep holes to find ancient ice and volcanic ash. Dropped by helicopter with supplies, for weeks the four had only radio contact with the main base at McMurdo Station. Willenbring alleges that Marchant, her thesis adviser, then 37, greeted her daily with the words: \u201cToday I\u2019m going to make you cry.\u201d He slept in his own tent and Lewis in the cook tent, leaving Willenbring to share a tent with Jeffrey Marchant, she writes. According to Willenbring, Marchant told her repeatedly that his brother had a \u201cporn-sized\u201d penis, and said she should have sex with him and feel lucky for the opportunity. One week, Willenbring alleges, David Marchant \u201cdecided that he would throw rocks at me every time urinated in the field.\u201d She cut her water consumption so she could last the 12-hour days far from camp without urinating, then drank li- ters at night. She says she developed a urinary tract infection and urinary incon- In Antarctica in 1999, Jane Willenbring (right) was the only woman on a four-person team including David Marchant (center) and his brother (left). Published by on February 13, 2020 Downloaded from 164 13 2017 358 6360 sciencemag.org tinence, which has since recurred. When blood appeared in her urine, she alleges, Marchant prohibited her from going back to McMurdo for treatment. \u201cMost days,\u201d Willenbring writes would listen to long discussions about how was a \u2018slut\u2019 or a \u2018whore.\u2019\u201d When she disagreed, she alleges, \u201che would call me a liar and say, \u2018There\u2019s no place in science for liars, is there Jane? Is there Jane?\u2019\u201d repeating the phrase for up to 20 minutes. As they neared camp toward the end of one arduous day, Willenbring alleges in the complaint that Marchant waited above her on a steep slope. He said noticed some- one hasn\u2019t cried today,\u201d grabbed her by the backpack and threw her down the slope, she writes. She climbed up twice more; each time, she claims, he shoved her down again, leaving her bruised, with an injured knee and a twisted wrist. In another instance, Willenbring alleges in the complaint, Marchant declared it was \u201ctraining time.\u201d Excited that he might be about to teach her something, Willenbring allowed him to pour volcanic ash, which in- cludes tiny shards of glass, into her hand. She had been troubled by ice blindness, caused by excessive ultraviolet light exposure, which sensitizes the eyes. She says she leaned in to observe, and Marchant blew the ash into her eyes. \u201cHe knew that glass shards hitting my already sensitive eyes would be really pain- ful\u2014and it was,\u201d she writes. Lewis, a glacial geologist who worked at North Dakota State University in Fargo until he emigrated to Canada last year, cor- roborates this anecdote in a written letter to BU. He writes that after Marchant blew ash in Willenbring\u2019s eyes, she \u201cyelled and cursed in pain. While she was doubled over, [Marchant] looked back at the other mem- bers of the field party and gave us a comi- cal expression that interpreted as meaning \u2018oops, that went a little too far.\u2019\u201d Lewis\u2019s let- ter also says that he saw Marchant grab and push Willenbring at least twice. Lewis had also been in Antarctica with Marchant the previous season, when Tulley was there with a National Science Founda- tion (NSF) program called Teachers Expe- riencing Antarctica and the Arctic. Tulley writes in a letter supporting Willenbring\u2019s complaint that she had not yet cleared the rotors of the helicopter that dropped them at their field site when was aggressively grabbed by Marchant and wheeled around, while he yelled and called me a \u2018dumbass, lazy c--t\u2019 \u2026 who did not know that we had to set up camp immediately.\u201d She alleges in her letter that Marchant failed to teach her or include her, the only woman present, in the research. \u201cTalk dur- ing [group] meals \u2026 always included relent- less, snickering mentions of my advanced age was 43), my small breasts, and other failings, always initiated by Marchant. All my attempts to steer the conversation to science were shut down.\u201d Lewis\u2019s letter supports much of Tulley\u2019s account. He writes that Marchant repeat- edly said to the other men that an older woman in the field \u201cwill slow us down.\u201d He adds in his letter: \u201cOn multiple occasions while walking without Tulley, Marchant made grotesque sexual comments about her body.\u201d At other times, Lewis writes, Marchant \u201cclearly stated that he did not be- lieve women should be field geologists.\u201d Andrew Lorrey, then a student at the University of Maine in Orono, was also in the field that season and was interviewed by investigators last year. Contacted by Science, Lorrey says he also remembers Marchant\u2019s mealtime disparagement of Tulley and her body. Marchant\u2019s relation- ship with Tulley was \u201cnot positive,\u201d says Lorrey, now a climate scientist at the National Institute of Water and Atmospheric Research in Auckland, New Zealand. How- ever, he says did not necessarily attribute [this] to her being a woman as much as \u2026 an outsider.\u201d Doe, a third woman, alleges that she was harassed by Marchant in field seasons in the late 1990s, in a supporting letter for Willenbring that she later converted into a formal complaint on her own behalf. (She authenticated this letter in an email to Science, and requested anonymity.) When she was a student at BU, she writes, Marchant told her \u201cless than two weeks into my graduate career, that was lazy, less than intelligent, and incapable of meeting even the basest expectations.\u201d She adds in the letter that, \u201cMy every action or social interaction was scrutinized and remarked upon, usually with a belittling comment, followed by \u2026 that blinding smile that he deployed to make it seem as if he hadn\u2019t just cut you to the core began to believe the \u201cHe said noticed someone hasn\u2019t cried today.\u2019\u201d Jane Willenbring, Scripps Institution of Oceanography David Marchant (left, in the McMurdo Dry Valleys in 2006) has led more than 30 field expeditions to Antarctica. Jane Willenbring (right, in Antarctica in 2008) has filed a sexual harassment complaint against him Published by on February 13, 2020 Downloaded from 13 2017 358 6360 165 sciencemag.org things he told me.\u201d Once in Antarctica, the abuse escalated, Doe writes. \u201cHe repeatedly called me a \u2018c--t,\u2019 among many other insults \u2026 (bitch being the most common) that were invoked on a daily basis or more. \u2026 He would crow that he could say absolutely anything he wanted to because we were \u2018in his domain.\u2019\u201d Marchant told her that if she completed her Ph.D., he and another scientist would ensure she never got funding, Doe alleges is the major source of funding for Antarctic field research distinctly remember standing there, aghast, in my red down jacket and black wind pants, watching my career and life plans dissolve as Dr. Marchant smiled triumphantly at me,\u201d she writes. Four women who all worked in the Antarctic with Marchant at different times report him saying close variations of the same words: \u201cI\u2019m going to break you down and build you up in my image say they con- sidered reporting the abuse at the time. Doe met with then\u2013department chairper- son Carol Simpson after returning to to discuss filing academic charges against Marchant. Doe\u2019s letter alleges that Simpson, noting Marchant\u2019s \u201csizeable\u201d reputation and funding, \u201casked me if it wouldn\u2019t just be easier on me to complete my degree and leave was astonished, deflated, and be- lieved at that time, left without recourse.\u201d Simpson, who has since retired, wrote in an email that she could not comment on the ongoing investigation. She wrote that she would have \u201cdealt quickly and decisively\u201d with allegations \u201capproaching the serious- ness indicated\u201d in Doe\u2019s letter. Doe writes that \u201cit took years, literally, to overcome the damage to my self-worth slowly \u2026 rebuilt a career grounded in sci- entific inquiry\u201d outside academe. She writes in her complaint: \u201cFor [many] years have carried the weight of knowing\u201d that she stayed quiet \u201crather than speaking up and saving those who would follow me from the torment and anguish had experienced.\u201d Tulley writes that she contacted one of the directors of NSF\u2019s polar program for teachers upon her return, and was promised \u201ca pri- vate, confidential meeting with an adminis- trator.\u201d The meeting did not materialize, and she did not pursue her complaint, she tells Science, because Marchant\u2019s alleged treat- ment had \u201cknocked me for a loop psycholog- ically wimped out.\u201d When she spoke to other teachers on NSF\u2019s behalf, she relayed only the positive aspects of her experience. Back at BU, Willenbring, too, did not speak up. She writes in her complaint that believe that would not be where am today if had said something\u201d at the time. In 2002, as Willenbring finished her mas- ter\u2019s degree with Marchant, another professor asked her to write a letter of evaluation for Marchant\u2019s tenure and promotion file. She alleges that Marchant threatened to ruin her career if she did not write a positive letter. She wrote one kept it to the science because he is a very good scientist,\u201d she tells Science. To avoid Marchant, Willenbring switched her Ph.D. research to the Arctic and moved to another university. She promised herself that when she got tenure, she would speak out 2016, Scripps hired Willenbring as a tenured associate professor. She filed a Title complaint with in October 2016. Title is the 1972 law that prohibits discrimi- nation based on sex at universities that re- ceive federal funding. Institutions can lose federal funds if they do not comply with the law. (Willenbring also filed complaints with and NASA, which fund Marchant\u2019s re- search, in December 2016. However, Title complaints against individuals are typi- cally handled first by the institutions where the alleged harassment occurred.) Schools are unlikely to dismiss a years-old complaint out of hand, says Tracy-Ramirez, the Title lawyer, \u201cbut rather to ask, \u2018Did a hostile environment occur at that time?\u2019 and, \u2018Is there reason to suspect there is a hostile environment happening now?\u2019\u201d BU\u2019s Equal Opportunity Office has inter- viewed numerous people, elicited a 200- page rebuttal from Marchant, and received at least four letters in his support plus at least five letters supporting Willenbring. It has also begun investigating Doe\u2019s com- plaint, which was filed 7 months later, in May told Willenbring last month that it expects to finish its report soon. The university declined to discuss the investigation with Science, citing privacy concerns. Willenbring had also sent her complaint to in December, because Marchant ed- its a publication. The society declined to comment, or to say why Marchant\u2019s name was removed as a fellow. Marchant, contacted repeatedly by Science, wrote in an email: \u201cBoston Univer- sity\u2019s investigation into these allegations is ongoing have cooperated fully in that investigation do not wish to compromise the integrity of that investigation by making any comments before the investigation has been completed.\u201d Marchant\u2019s defenders tell Science they do not recognize the man described in the com- plaints find the allegations against Dave of physical abuse, verbal abuse, and sexual harassment beyond comprehension given my field experiences with him in Antarctica as a female\u201d in 2008 and 2012, Jacquelyn Hams, chairperson of the earth science de- partment at Los Angeles Valley College in California, wrote in an email. \u201cThe time spent doing field work in Antarctica with Dave continues to be the best experience of my professional life.\u201d Others praised his character. Marchant is \u201ca person completely absent the stain of misogyny or unchecked anger,\u201d wrote Berglund, who in addition to working with Marchant in Antarctica, administers the HHMI-supported science education program that he leads. Shivani Ehrenfeucht, 26, a second-year Ph.D. student in Marchant\u2019s lab who has not been to Antarctica, says she was \u201ccompletely shocked\u201d by the allegations. \u201cNothing that have heard lines up with the man that know.\u201d She calls Marchant \u201ckind and genuine.\u201d Some scientists note that extreme isolation and the absence of institutional support at remote camps create conditions where abuse can flourish. \u201cOn campus can go speak to a trusted faculty member, the department chair, the ombudsperson,\u201d says Meredith Hastings, an atmospheric chemist at Brown University and co\u2013principal investigator on a $1.1 million grant aimed at curbing sexual harass- ment in the geosciences. \u201cWho do you go talk to when you are in the field?\u201d Lewis, who earned his Ph.D. with Marchant, noted in his letter: \u201cIn the office and classroom setting, Marchant\u2019s behavior toward women was much less outrageous \u2026 he was careful and measured in his tone when others were present.\u201d He adds that he never again saw from Marchant \u201cthe ex- treme behavior\u201d of those early seasons, and says Marchant\u2019s \u201cattitude shifted to simply being distrustful\u201d of women. What is an institution\u2019s responsibility when confronted with decades-old sexual harassment complaints? \u201cThe evidence is that the people who perpetrate this kind of behavior, it\u2019s a pattern,\u201d Hastings says. Billie Dziech, a professor of English at the University of Cincinnati in Ohio and an expert on sexual harassment on college campuses, argues that even if an abuser has changed over time, they are not absolved of responsibility for acts committed decades ago have a moral responsibility to the young people teach,\u201d she says don\u2019t care if did damage 10, 20 years ago: What do today and what did yesterday matters.\u201d In concluding her complaint against Marchant, Willenbring writes that her goal is to prevent \u201canother young, female stu- dent bearing the brunt of his misogyny.\u201d She added, in an interview with Science just don\u2019t want it to happen again.\u201d j This story was supported by the Science Fund for Investigative Reporting. Published by on February 13, 2020 Downloaded from cold case Meredith Wadman DOI: 10.1126/science.358.6360.162 (6360), 162-165. 358 Science Terms of Service Use of this article is subject to the is a registered trademark of AAAS. Science Science, 1200 New York Avenue NW, Washington 20005. The title (print 0036-8075; online 1095-9203) is published by the American Association for the Advancement of Science Science. No claim to original U.S. Government Works Copyright \u00a9 2017 The Authors, some rights reserved; exclusive licensee American Association for the Advancement of on February 13, 2020 Downloaded from"} |
7,821 | Rohit Varma | University of Southern California | [
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] | {"7821_101.pdf": "Corporate Governance Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. by Jane van Dis, Laura Stadum and Esther Choo November 1, 2018 Carmen Mart\u00ednez Torr\u00f3n/Getty Images Summary. Sexual harassment is rampant in healthcare and responses to it are few and weak. In general, healthcare institutions are ill-prepared to comprehend the problem, to understand the contributions of their organizational culture, and to respond to sexual... more Many factors make an organization prone to sexual harassment: a hierarchical structure, a male-dominated environment, and a climate that tolerates transgressions \u2014 particularly when they are committed by those with power. Medicine has all three of these elements. And academic medicine, compared to other scientific fields, has the highest incidence of gender and sexual harassment. 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 1/8 Thirty to seventy percent of female physicians and as many as half of female medical students report being sexually harassed. As we wrote in a recent New England Journal of Medicine article, \u201cImagine a medical-school dean addressing the incoming class with this demoralizing prediction: \u2018Look at the woman to your left and then at the woman to your right. On average, one of them will be sexually harassed during the next 4 years, before she has even begun her career as a physician\u2019.\u201d The efforts of many healthcare organizations and medical centers tend to go little further than avoiding litigation. This needs to change. We propose a number of actions institutions must take to eliminate sexual harassment and create a safe environment that allows everyone in the health care workforce to do their best work on behalf of their patients The Future of Health Care Creating better outcomes at reduced cost. Quantitative and qualitative assessment. The first step is for healthcare organizations to commit to understanding the problem. They must thoroughly and repeatedly measure the nature, prevalence, and severity of harassment and discrimination. Since this is unlikely to happen spontaneously, boards of directors and trustees should require open reporting of aggregate data, forums where employees can share ideas on how 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 2/8 to reduce or eliminate harassment, and tying compensation of executives, deans, and chairs to outcomes. Organizations should use standardized and validated instruments to survey their employees and do so annually, and anonymously. (You can find one such survey available from and another from the AAU. Our company, Equity Quotient, also offers one.) Survey data, along with aggregated data on reports of harassment, should be reported throughout the organization. Measurement will allow each organization to ascertain where exactly it needs to improve, test hypotheses and solutions that fit its culture and needs, and track progress. Policy improvement. Every health care organization needs to promote a clear, comprehensive policy that conveys a firm commitment to safety, respect, inclusion and equality. It should contain guidelines for standards of behavior, employee reporting of sexual harassment, and institutional responses to offensive or abusive behavior, discrimination, and retaliation. The Association of Title Administrators have examples of such policies, as does the National Council of Non-Profits. Organizations can use these for reference, modifying them as appropriate for their own needs. In addition, secure methods of reporting harassment should be readily available to employees and supported by initiatives to keep the reporting options visible and familiar to the entire community. Targets of harassment should have ready access to counseling and support, even if they choose not to pursue formal reporting processes. These resources should be available outside of the institution itself, to increase the comfort of people reporting harassment and to remove potential biases that may occur when counselors are employed within the same institution where the harassment occurred. 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 3/8 Follow through. Organizations need to pair policy with clear and consistent action. The report stated, \u201cToo often, judicial interpretation of [anti-discrimination laws] has incentivized institutions to create policies and training on sexual harassment that focus on symbolic compliance with current law and avoiding liability, and not on preventing sexual harassment.\u201d The key phrase here is \u201csymbolic compliance\u201d: nearly every healthcare organization has a policy, but whether that policy is merely a checkbox or actually functions well in practice is a distinguishing feature of organizations that are serious about the problem. Human Resources commonly takes the lead in crafting and enforcing a strong policy should be responsible for ensuring, among other things, that leadership has clearly communicated a zero-tolerance position; that employees trust the current procedures; and that reporting mechanisms are easy to understand useful list of key questions for leaders to ask themselves about their approach to sexual harassment, from the law firm Cleary Gottlieb, can be found here. It asks, for example, how well senior management communicates its zero-tolerance stance and who should oversee investigations of harassment allegations. While internal processes may provide efficiency, independent external investigations should be undertaken when there is any question about the objectivity of the internal inquiry. Finally, organizational responses need to be applied with consistency. Victims will only come forward if they feel safe doing so and know their report will result in a rapid, thorough, and fair investigation, and, if misconduct is discovered, that their harassers will be punished, no matter their rank or reputation. Perpetrators must not be allowed to go on \u201cextended leave,\u201d quietly retire, or accept reassignment at another healthcare system through an under-the-table arrangement: all \u201ccover your ass\u201d practices that communicate tolerance of egregious behaviors 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 4/8 do nothing to discourage further misbehavior. These provisions will reduce the possibility of retaliation, impediments to professional advancement, and further trauma. Calculate cost and report. The economic, reputational, and human costs of harassment are huge. The University of Southern California (USC), for example, has faced allegations of sexual assault among its medical staff, in addition to allegations of sexual assault of patients by a staff gynecologist, for which recently offered a $215 million settlement to the victims. In another case, despite knowing there had been a $135,000 settlement with a woman who had reported sexual harassment and retaliation by Dr. Rohit Varma in 2003 leadership installed the ophthalmologist as dean of the School of Medicine. Dr. Varma resigned under a cloud less than a year later when leadership, responding to previously undisclosed information, acknowledged it has lost confidence in his ability to lead the school. Even aside from the impacts of litigation and restitution of harms, the economic, health and psychological consequences of harassment are grave and have reached crisis levels in medicine. Sexual harassment and discrimination undermine women\u2019s physical and mental health, resulting in increased risk for anxiety, depression, burnout, PTSD, and a host of other negative personal and financial consequences. The negative effects of harassment also affect the well-being and productivity of colleagues and entire organizations. In healthcare, this ripple effect is particularly serious, as it may threaten the quality of patient care. Organizational leaders should strive to calculate actuarial costs of sexual harassment in their institutions \u2014 in terms of accumulated absences, lost productivity, compromised hiring and retention, legal costs, and reputational harm, and report those costs to their board of directors/trustees. Leaders\u2019 compensation 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 5/8 should be tied to decreasing these costs. To the extent possible, executive teams need to make these costs transparent, so that investments in prevention of harassment are understood to be cost effective. Clearly it is a challenge to put hard numbers on some of these \u2014 how do you measure the dollar value of reputational harm? \u2014 and indeed no organization that we know of is doing this yet. Nonetheless, such accounting is an essential element of addressing harassment and every health care organization must start making the effort. Leadership. Harassment thrives in settings dominated by men. Thus it is essential to increase representation of women in leadership roles and assure accompanying equity in salary and power. Among the initiatives that can help are mentorship and sponsorship programs, which are essential to career progression. For example, Drexel University\u2019s Executive Leadership in Academic Medicine (ELAM) program, a year-long fellowship for women leadership in the schools of medicine, dentistry, public health, and pharmacy, provides skills training, mentorship and a network of graduates who provide support after the completion of the fellowship year. Health care institutions might also take look at successes in other industries; at Eli Lilly, for example, with a mandate from David Ricks, leadership has embraced mentorship, training, and promotion programs that have dramatically increased the percent of women in the company\u2019s senior ranks. Sexual harassment in medicine undermines an abiding principle of our profession: First do no harm. This year marked the first time that women outnumbered men entering medical school. Medicine cannot sustain a culture that systematically undermines the authority, physical and mental health, and 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 6/8 success of such a large portion of its physician workforce. As a profession, we know a little bit about healing. It doesn\u2019t happen in the dark, without data. It doesn\u2019t happen by protecting or fencing off disease-ridden parts of the body. It happens with scientific precision, objectivity, decisiveness, and consistency. We must take down the traditional hierarchies in medicine that provide a fertile ground for harassment, survey ourselves, and ask the difficult (and sometimes painful) questions about how our culture fails our employees. We must support and strengthen women physicians, and build a climate where transgressions are unacceptable. The time to heal ourselves is now. Jane van Dis , MD, is an obstetrician- gynecologist and co-founder of the healthcare consulting firm Equity Quotient. Laura Stadum is the Title Coordinator and director of the Affirmative Action and Equal Opportunity Department at Oregon Health and Science University. Esther Choo , MD, MPH, is an associate professor at Oregon Health & Sciences University, president of the Gender Equity Research Foundation, and co-founder of healthcare consulting firm Equity Quotient 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 7/8 Read more on Corporate governance or related topics Gender, Government policy and regulation, Organizational culture, Sexual harassment, Healthcare sector and Pharmaceutical industry 2/27/25, 7:00 Sexual Harassment Is Rampant in Health Care. Here\u2019s How to Stop It. 8/8", "7821_102.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 54 male official resigns after being accused of sexually harassing female colleagues David Carrera, 50, the vice president for advancement and health sciences development, was ousted from his post last week Carrera, who is married with three children, is accused of asking colleagues about their dating habits and discussing his sex life with them Last week, Dr Rohit Varma, dean of USC's Keck School of Medicine, resigned over sexual misconduct claims dating back 15 years Varma's predecessor, Dr Carmen Puliafito, was fired in March 2016 for smoking meth and keeping bad company In September, assistant men's basketball coach Tony Bland was arrested as part of corruption bust By PUBLISHED: 17:15 GMT, 12 October 2017 | UPDATED: 22:02 GMT, 12 October 2017 top fundraising executive at University of Southern California has stepped down amid allegations of sexual harassment in the workplace. David Carrera, 50, the vice president for advancement and health sciences development, was ousted from his post last week, but his departure was not made public until Wednesday has been rocked by several high-profile scandals involving alleged sexual misconduct and corruption over the past year, which was marked by the back-to- back ousters of two medical school deans and the arrest of an assistant basketball coach. 9 View comments Site Web Enter your search Gene Hackman's daughters are seen going on a breakfast run to Denny's a day after their father and his Privacy Policy Feedback Friday, Feb 28th 2025 8AM 19 11AM 25 5-Day Forecas 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 1/46 Out: David Carrera, 50, the vice president for advancement and health sciences development, was ousted from his post amid an internal sexual harassment investigation According to a Los Angeles Times report, Carrera is the subject of an ongoing internal investigation being carried out by the Office of Equity and Diversity, which has already conducted dozens of interviews with female employees. \u2018Discrimination and harassment have no place at Executive Director Gretchen Dahlinger Means told The Times. \u2018The university does not tolerate behavior that violates its strict policy and takes appropriate disciplinary action when it does.\u2019 The Times article says that so far, at least five women have come forward complaining about Carrera's conduct, claiming that the administrator responsible for raising hundreds of millions of dollars for the university would ask female colleagues about their dating habits and discuss his sex life with them. +6 View gallery wife's dead bodies were found Gene Hackman and Betsy Arakawa were found at mansion with pills strewn in bathroom Invisible assassin lurking in your home revealed after disturbing Gene Hackman theory I'm an airline pilot. This is the terrifying reason so many planes are crashing right now, writes Haunting new photo that raises terrifying question: Did he help seal his own fate in Dallas pieces together an outrageous cover-up Want to feel good every day? These small actions could make all the difference Urgent warning to 3.2m Google Chrome users: 'Delete right now' Miley Cyrus and her siblings are split in toxic family rift, as singer issues chilling ultimatum to dad Billy Ray over his sinister outbursts 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 2/46 has been rocked by multiple scandals involving sexual harassment and corruption allegations this past year Gene Hackman and Betsy Arakawa were found mummified at mansion 26.3k viewing now lifts the lid on 89.4k viewing now Trump says Ukraine deal 'soon or not at all' after Starmer talks 4.3k viewing now According to the reporting, Carrera also would make inappropriate comments about female colleagues and other women. Carrera had been at since August 2014. Prior to that, he had occupied the position of assistant vice president of the Fund of Johns Hopkins Medicine at Johns Hopkins University for nearly nine years. His LinkedIn page indicates that Carrera earned a Bachelor's degree in marketing from Loyola University-Maryland. Records and social media posts show that Carrera is married, and he and wife Jackie have two sons and a daughter together. Jackie Carrera, a fellow Loyola University alumnus, operates a yoga studio in Rancho Palos Verdes, which she opened after resigning as of a non-profit foundation in Baltimore in 2014. Gene Hackman's daughter breaks silence as she sheds light on her reclusive father who she hadn't heard from for Boost your health and happiness: Top 10 brands to kick-start your wellness journey Michelle Trachtenberg's cause of death will never be known after family's dramatic move Ex-scaffolder Neil and his wife Karen rent out their three bed semi - to spend their retirement on a never- ending holiday Donald Trump says Ukraine peace deal will be 'soon or not at all' as he hails 'special' Keir Starmer, hints at trade deal, backs off tariffs and supports Chagos... Abbey Clancy and Peter Crouch reveal 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 3/46 One-two punch: Last week, Dr Rohit Varma (left), dean of USC's Keck School of Medicine, resigned over sexual misconduct claims dating back 15 years. Varma's predecessor, Dr Camera Puliafito (right), was fired in March 2016 for somking meth and keeping bad company +6 View gallery +6 View gallery strict rule they enforce on their four kids to 'improve behaviour' Looking for inspiration? These 10 travel brands will help you plan your dream getaway today BOSHOFF: Is this new proof Jim Morrison fake his own death thought nodding off in front of the was normal. But it was a sign of disease doctors said could kill me at any moment Forget the Epstein files, this is the bombshell: Top lawyer makes fresh case for why billionaire was MURDERED... and it's scarily compelling I'm an interior expert and these four things will make your home look more expensive without spending thousands Former medical school dean talks about taking ecstasy f Watch the full video w f d / 0:00 0:18 t g i k m h j 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 4/46 Family man: Carrera is married, and he and wife Jackie (pictured together above) have Foul play: In September, assistant men's basketball coach Tony Bland was arrested and charged with solicitation of bribery Carrera was suspended from his job at on September 9 and stepped down about four weeks later. As of Thursday morning, his name has been almost entirely expunged from USC\u2019s website. Carrera's ouster comes a week after Dr Rohit Varma, a well-respected ophthalmologist and dean of USC's Keck School of Medicine, stepped down after the Times revealed that he was disciplined 15 years ago over allegations that he sexually harassed a researcher but was allowed to stay on at USC. Varma officially took over as dean in January, after his predecessor Dr Carmen Puliafito was fired for smoking meth and keeping company with prostitutes and criminals. In September, assistant men's basketball coach Tony Bland was arrested and charged with solicitation of bribery for allegedly accepting payments to persuade players to sign with specific agents. Bland was among 10 men who were netted in a massive sting operation targeting corruption in college basketball. Bland has been placed on administrative leave pending the outcome of an internal investigation that is being carried out by a former director. According to a letter sent to USC\u2019s medical school community Tuesday +6 View gallery +6 View gallery From murder allegations to pub bans and a death hoax: The troublesome lives of the BBC's Eggheads JFK's 30-year gay love affair: They lost their virginity together, had a secret White House bedroom... and sent erotic letters that left Jackie furious, reveals... Meghan shares first clip of her new Netflix show and says we are 'all multifaceted folks' while sharing her 'love for Karaoke' with 'fellow Angeleno' Roy Choi Jeremy Clarkson delights fans as he shares major update following the closure of his Diddly Squat Farm Shop Noel and Liam Gallagher reunite at lavish London hotel with surprise peacemakers as they prepare to embark on Oasis reunion gigs Sex is much better when there's three of us in the bed: me, my wife - and my little blue pill! After being shamed for his Viagra use bites back Gene Hackman's modest Santa Fe life: Retired actor was an 'unassuming' and beloved customer at local hotspots Five-bedroom house goes up for sale for \u00a3525,000 - but you won't believe the jaw- dropping interior Stranded astronauts' final five- word message to Americans on Earth 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 5/46 two sons and a daughter together. 54 shares Share or comment on this article official resigns over sexual harassment claims night, Provost Michael Quick said there is a plan in the works to appoint a vice provost to \u2018provide leadership training to address our expectations of deans and senior leaders, and to evaluate their performance,\u2019 reported The Times will also create an ombudsman office to address staff complaints. California Embed this Shocking moment girl gets snatched and sexually assaulted in 2004: Gene Hackman 'fears dying and wants to take care of family' Moment woman falls into croc-infested water as bungee cord snaps Terrifying bike-jackers swoop on cyclist in London's Regent's Park glance at a glittering career: Gene Hackman's best Bondi says Epstein files likely to be released February 27th Making Waves! Bizarre square swells surround fishermen in Turkey Pam Bondi says she is currently reviewing Epstein files Newest Oldest Best rated Worst rated Comments 9 Share what you think The comments below have been moderated in advance. BlueAngel, Nashville, United States, 7 years ago WOW!! Between this and Harvey Weinstein, Liberal California seems to have a Sex Problem!! Click to rate 69 8 BlueAngel, Nashville, United States, 7 years ago Dang, all kinds of Liberals in California are falling DOWN!! Click to rate 59 8 road_glide, Kalifornistan, United States, 7 years ago = Univercity of Spoiled Children Click to rate 48 3 azjoe, Phoenix, 7 years ago How boy slaves are being dressed as girls and forced to dance for leering Taliban men... before being raped reveals horrifying tribal custom The mothers left distraught after the removed their daughters' healthy breasts because the girls said they were transgender Meghan Markle's show is brutally mocked by Richard Osman and Marina Hyde for its inauthentic 'farm to table bull****' Gene Hackman's 'mysterious' death leaves Oscars team 'scrambling' to put together tribute Five... 25 years on! Boyband look dramatically different ahead of new tour - and fans are shocked by what Jason 'J' brown looks like now 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 6/46 More of the Republican War on Women....oh wait...... Click to rate 42 6 Zina, Phoenix, United States, 7 years ago Fired for smoking meth and keeping bad company, the bad company was really other colleagues t th i it Teen became pregnant from oral sex: doctors investigating say there is no other explanation I'm a Stanford doctor studying the grim rise of cancer in young people. Now it's killing me too... and there was a glaring warning sign Subtle symptom was the sign marathon-running father of two had developed a deadly neurological disease Left-wing theatre managers who invited 200 migrants to a free show will abandon the building and face bankruptcy as refugees still refuse to leave after three m... Charlotte Crosby breaks her silence on In The Style pay row as she hits out - after Jacqueline Jossa demanded to be 'paid what she's owed had sex with my brother was furious when realized... but the attraction doesn't just go away spent five blissful years with my boyfriend and longed to start a family together... until the day he suddenly vanished. Then made a terrifying discovery t... Voters turning to the Right are not fascists - they're just angry with incompetent and foolish politicians tells in provocative new M... Chris Hughes dead aged 77: Eggheads star dies as show pays tribute to 'great' quizzer who also won Mastermind The adults held to 'inheritance ransom' by their cruel, difficult - but very rich - parents dream of winning the lottery so never have to speak to her aga... Show more 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 7/46 The everyday dangers that could kill you instantly... including common household items Michelle Trachtenberg's haunting premonition after Matthew Perry's death Labour's promise to 'end asylum hotels' backfires as numbers rise by 8,500 What an unlikely bromance! Donald Trump and Keir Starmer insist Special Relationship is alive and well despite tensions over Ukraine at historic White House sum... I'm a Greece expert who has been visiting the country for 40 years. This is my ultimate guide to the 15 islands you must visit - and the ones you should avoid 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 8/46 Wetherspoons boss Tim Martin reveals why his pubs don't allow dogs What TikTokers get wrong in their viral 'history' videos: 'Healthy' and 'modern' people during the Black Death, the wrong kind of eruption at Pompeii and 'a... Influencer shares her seven key steps for weight loss after she lost 20kg Ozempic Is Taylor Swift having a BABY? Revealed: her overheard date night conversation with Travis Kelce that will send fans into a frenzy Idaho murders suspect Bryan Kohberger drops autism bombshell as victims' families push for firing squad The Apprentice star Jana Denzel the series during boardroom showdown - after bosses reprimanded him over 'racist language 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 9/46 Double beds, lounges and showers: The incredible cabins of the airlines voted the five best in the world Call me paranoid, but sense an Establishment conspiracy to bring Harry and Meghan back into the royal fold. This is why it can't happen Doechii leaves little to the imagination as she slips into gold beaded lingerie and giant angel wings for racy photoshoot Doctor Who Christmas special 'set to be scrapped' for first time in six years - amid fears Ncuti Gatwa is 'poised to leave show' Wife of Bargain Hunt star Charles Hanson was 'resentful' of his work commitments before using court battle as extension of 'vindictive' divorce, jurors told Why putting your handbag on the bed is a filthy habit: Experts tell exactly how to keep your bed free of mould and parasites... and how often to change the shee... Egypt's 'Lost City of Gold' raised from the sands after 3,000 years Distressing Gene Hackman 911 call reveals moment actor and wife Betsy Arakawa were found dead - as new details emerge Alison Hammond rakes in huge five- figure sum from lucrative deals 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 10/46 stumbled across my wife's Pornhub search history and it's broken me. She told me it's 'just a fantasy lots of women have' but now fear I'll never be enough Princess Eugenie breaks her silence on Michelle Trachtenberg's death with touching tribute to her 'special friend' Michelle Trachtenberg's dramatically changing face, from cute kid to glam girl to suddenly ill, as she dies at 39 Luke Littler rages at darts fan who ruins moment with his mum before world champion is beaten in Premier League Exeter final by Luke Humphries The simple move that can boost your pension pot by \u00a343,000 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 11/46 Mail Sport Extreme: Choose your weapon for the new craze of medieval armoured combat! Gordon Ramsay is supported by his glamorous wife Tana and daughter Holly as he opens four new restaurants in London Amber Gill shows off her jaw-dropping figure in a pink bikini as she soaks up the sun in Bali Zara McDermott kicks a leg in the air in bikini- clad beach snap as she wraps filming for new series in Thailand Khloe Kardashian asks Malika Haqq point blank if she slept with her brother Rob 'behind her back' Sarah Beeny gives her refreshing verdict on the 'nepo baby' discourse - after her sons formed a successful band with her husband 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 12/46 reviews The Last Showgirl: Pammy razzle dazzles as an ageing Vegas showgirl Jonathan Majors plants a kiss on fiancee Meagan Good at the Essence Black Women in Hollywood Awards reviews Bergerac on U&Drama: Bergerac's back, but now he's a train wreck who's sozzled every night... Aimee Lou Wood and Jodie Whittaker meet with the real-life Toxic Towns mums as one fights back tears remembering her daughter's tragic death Zendaya lands major role in 5th Shrek film with Cameron Diaz and Mike Myers... see what her character looks like Iconic 90s sex symbol, 66, joins Euphoria season 3 alongside Sydney Sweeney and Zendaya Lily James wows in a skimpy black bikini and shows off her impressive surfing skills as she shares video montage of her sun-soaked getaway Barbra Streisand pays tribute to Gene Hackman with sweet snap of the pair after his tragic death aged 95 Creamfields announce line-up for 2025 after revealing Anyma and David Guetta will headline this year's festival star who loathed the limelight, Gene Hackman and his wife lived as recluses for decades in their sprawling mansion - watching comedy 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 13/46 YouTube star Saffron Barker discovers game-changing \u00a324 beauty mask that delivers 'insane' results - so what makes it so special Bebe Rexha models sexy swimsuit in Dubai as she reveals she's 'gained weight' and 'feels stronger than ever' Chris Martin arrives at new luxury studio near $14M Malibu home raising eyebrows over his eco-warrior image Bob Dylan mystifies fans with Machine Gun Kelly post that even leaves the rapper in shock Kelly Rutherford attends Roberto Cavalli Milan Fashion Week show - hours after paying tribute to Gossip Girl co-star Michelle Trachtenberg 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 14/46 Love Island's Molly Smith shows off her taut abs as she and boyfriend Tom Clare enjoy double date with Casey O'Gorman and Gabby Allen Gene Hackman's Unforgiven co-star Clint Eastwood pays emotional tribute to star after his shock death at 95 Gene Hackman's children share statement on mysterious death as police investigate 'suspicious' scene Drake enjoys a lavish welcome home party in Toronto as mystery surrounds why he cancelled his remaining Australian tour dates Need a last-minute manicure or blow-dry? This beauty app has you covered - here's how to get 10% off your first booking CONFIDENTIAL: Locals hit out at plans 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 15/46 to fell trees at George Michael's London home Amanda Holden, 54, wows in a skimpy leopard print bikini as she poses on a car bonnet in sizzling throwback holiday snaps star Gary Lineker defects to rival for new show which will see him questioned by autistic interviewers Prince and Princess of Wales 'increase authentic flirt rituals, looks of love and playful amusement', body language expert reveals Damning verdict on new drama hailed as 2025's Peaky Blinders - as it's branded 'a bit desperate' Rob Kardashian's ex Blac Chyna shares shock update on where she stands with the family after $100M lawsuit Reading and Leeds Festival 2025 announce 30 new names joining Travis Scott and Chappell Roan on star-studded line-up Prince William pays tribute to Gene Hackman as 'true genius of film who brought each and every character to life' Michelle Trachtenberg 'knew death was a high possibility' says friend who FaceTimed with actress in hospital Perry Mason actress Olive Sturgess dead at 91: She also worked with Jack Nicholson and Roger Moore 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 16/46 Wendy Williams smiles from her assisted living facility amid wild ongoing guardianship battle Real Housewives star slams 'entitled' Katy Perry for ruining her father-in- law's dying mansion wish in heartbreaking update on his health Mindy Kaling admits feeling 'guilty' about kids' parties after revealing Meghan Markle's parenting advice Sarah Michelle Gellar breaks her silence on death of Buffy The Vampire Slayer costar Michelle Trachtenberg EastEnders star Samantha Womack co-star Rita Simons' face at mini cast reunion amid soap's 40th anniversary Morgan Wallen addresses Nashville 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 17/46 arrest and being his 'own worst enemy' in vulnerable song dedicated to son Pregnant Michelle Keegan cuts a laidback figure as she conceals baby bump in tan trench coat after dazzling in trailer for Ten Pound Poms' second season Amy Robach and T.J. Holmes's exes move in together as they take romance to the next step Shaughna Phillips poses in a bright red bikini as she shows off her whopping 5 stone weight loss . 'Finished in style': Eggheads star Chris Hughes' final appearance on beloved quiz show as he dies aged 77 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 18/46 Justin Timberlake's flop era: Slow ticket sales to trainwreck tour amid struggle to repair 'golden boy' image Diddy is accused of sodomizing male sex worker and threatening to 'Tupac' him after rapper's lawyer quits case Taylor Swift fans go wild as Travis Kelce's retirement decision is finally confirmed Kimberley Garner sends temperatures soaring in a skimpy green bikini as she poses for sizzling snaps First look as Claudia Winkleman replaces Graham Norton on his legendary talk show during his extended break Kourtney Kardashian, 45, reveals how long she plans to continue breastfeeding son Rocky, 15 months 'We've all had our tears': Drag stars honour The Vivienne with dance tribute celebrating their legacy after death aged 32 Stylish star is seen in rare childhood throwback snap as she shows her fashion sense runs in the family - but can you guess who it is? Chris Pratt reveals he's had a lung infection after the birth of three of his children thanks to bizarre ritual with father-in-law Arnold Schwarzenegger Michelle Trachtenberg's tragic final years: Actress, who was child star and anti-drugs and alcohol campaigner, was 'struggling' 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 19/46 Kanye West and Kim Kardashian's ex The Game twin in black hoodies while leaving recording studio As pop legend's son Sean Stewart checks into rehab... Rod may be the only man who can save the dorky but troubled guy got to know Mindy Kaling recalls 'heartbreaking' exchange between her ex B.J. Novak and daughter Katherine Jay Leno hits back at Monica Lewinsky's claims he 'targeted her' over President Clinton affair was a Hollywood big shot... but no one knew my 'perfect' marriage was a LIE. Other woman must learn from my mistakes 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 20/46 Candice Swanepoel looks half her age in a very tiny string bikini while in Mexico Millie Bobby Brown cuts a stylish figure in a denim co-ord as she promotes her new movie The Electric State in Madrid Celebrity offspring Lila Moss and Romeo Beckham enjoy afternoon out in Milan amid the city's fashion week Peppa Pig star Mummy Pig continues to revel in her new star status as she recreates celeb baby announcements after revealing pregnancy on live Christina Haack regrets not having a prenup with ex Josh Hall: 'It's crazy. He wants to retire off me 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 21/46 Maisie Smith cuts a stylish figure in a gingham red dress as she enjoys solo night out without boyfriend Max George at the theatre Amelia Gray puts on a leggy display in a grey mini skirt as she heads to the Prada show during Milan Fashion Show Oscar committee members so appalled by woke nominees they're abstaining from voting interviewed Blake Lively and was shocked at what she said about working with Anna Kendrick, writes Fears for 'frail' Billy Joel, 75, mount after 'hobbling' singer suffers shock fall on stage complete timeline of Adam Brody and Leighton Meester's relationship, from 00s teen-drama rivalry to their intimate California wedding Gal Gadot puts on a leggy display in mini grey pleated skirt and blazer as she joins Hunter Schafer at the Prada fashion show in Milan Jacqueline Jossa hits out at In The Style and demands to be 'paid what she is owed' as she accuses 'retailer facing administration' of ignoring her Cindy Crawford slams Oprah Winfrey for making her 'stand up and show off her body' in resurfaced interview Best actress winner at 'Oscars for background actors' reveals common word you should never use for profession 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 22/46 Michelle Dockery cuts a stylish figure in chic trench coat as she hints she is working on a new project after leaving meeting in London Their meatiest role yet: Hollywood's Kiefer Sutherland and Rebel Wilson tuck into a Greggs alongside co- stars Danny Dyer and Lucien Laviscount Lewis Hamilton insists staying unmarried means he can win in F1 his 40s, after string of failed romances, as he attacks 'old white men' Little Britain star Matt Lucas takes savage swipe at Millie Bobby Brown in her 'mommy era' Cristiano Ronaldo and Jude Bellingham beaten by surprise choice in world's sexiest footballer survey Duchess of Edinburgh shares sweet moment with a little girl as she attends Mother's Union meeting in Chelmsford 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 23/46 Noel Fielding makes rare public appearance at a Kasabian gig after pulling out of Apple TV+ series Whoopi Goldberg models bizarre look after demanding trolls stop slamming the appearance of stars like Selena Gomez Gene Hackman's daughter shares how she thinks her dad, his wife and their dog died This Morning fans say segment is 'wrong on so many levels' as mum defends eight-year- olds as beauty influencers Chace Crawford pays tribute to Gossip Girl co-star Michelle Trachtenberg in emotional post after her sudden death Gene Hackman's ultimate fear: Actor revealed his thoughts on death in haunting resurfaced interview Denise Welch opens up on details of her recent hospital dash and reveals she was 'given a bed within 15 minutes' once someone recognised her Coronation Street's Julia Goulding is 'devastated' as two stars depart the show and she says 'I'm losing all of my mates' Queen Letizia of Spain dazzles in red as she attends university event with King Felipe in Madrid Irina Shayk, 39, is the epitome of chic in a striking black fur jacket as she storms the Blumarine runway during Milan Fashion Week Jessie's Girl singer Rick Springfield, 75, reveals 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 24/46 why he microdoses acid Close friends Kathryn Newton and Brandon Thomas Lee sweetly walk arm-in-arm as they leave glitzy Vanity Fair event - after shutting down dating rumours Kate and Prince William spotted making private visit to home in Wales flooded by Storm Bert Madonna holds a gun to her crotch and locks lips with a nun in one of her most shocking photoshoots yet Antiques Roadshow guest left lost for words when expert gives shock verdict on his ceramics Maya Jama shows off her fresh-faced beauty as she pampers herself with a face mask during her work taxi ride Frail Michael Bolton seen in rare family photo on his 72nd birthday amid brain cancer battle Kate Hudson reveals the one annoying question she gets asked all the time as she dishes on her famous family - after boozy night out Ashley Roberts puts on a very daring display in a tiny gold mini skirt as she leaves 2025 Metro Pride Awards with Christine McGuinness and Tulisa Junior Andre, 19, looks more loved-up than ever as he cosies up to 'soulmate' Jasmine Orr, 24, in sweet snap 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 25/46 Natalie Cassidy reveals her incredible improvisation skills after technical blunder blighted rehearsal for EastEnders live episode Tommy Fury set to cash in on what went wrong with Molly- Mae Hague as his new series is confirmed Shanina Shaik cuts an effortlessly chic figure in a grey skirt suit as she joins stylish fashion icon Anna Wintour at Max Mara's Milan Fashion Week show Was Gene Hackman tragedy a terrible accident... or something else? Police say his 'exact cause of death is unknown' Love Island star is engaged! Influencer says 'yes' to hunky pilot four years after that awkward Casa Amor moment and flirty link to Jack Grealish Distressing new theory on why Michelle Trachtenberg died... with star's mom seeing her just hours before Pete Davidson looks worlds away from his usual self with new clean-cut image as he attends Riff Raff in following his 200k tattoo removal Donald Trump Hints At Trade Deal As He Lavishes Prais\u2026 See more versions HuffPost \u00b7 4hrs ago Gene Hackman and wife discovered in separate rooms w\u2026 See more versions The Telegraph \u00b7 33m Starmer gets a love-in from Trump - but still resistant to Ukraine\u2026 See more versions Daily Mirror \u00b7 2hrs a Andrew Tate and brother flee to Florida but governor says \u2018you\u2019r\u2026 See more versions The Independent 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 26/46 Screams heard by neighbours as teenager is killed in suspected X\u2026 See more versions The Independent apologises for 'serious flaws' over Gaza documentary See more versions \u00b7 6hrs ago Donald Trump trade deal could mean tariffs 'not necessary' See more versions \u00b7 3hrs ago Noel & Liam secretly reunite ahead of Oasis reunion with\u2026 See more versions The Sun \u00b7 5hrs ago Donald Trump Set To Back Chagos Islands Handover Deal I\u2026 See more versions HuffPost \u00b7 6hrs ago immigration: Asylum claims hit record high \u2013 Data Explained See more versions Channel 4 \u00b7 4hrs ag Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail confirms period drama sequel release date for series compared to Downton Abbey Michelle Trachtenberg 'in talks' for Buffy The Vampire Slayer reboot before shock death at 39 Last photos of reclusive Gene Hackman, 95, and his wife Betsy Arakawa, 64, after couple are found dead at their Santa Fe home Rita Ora showcases her incredible figure in a gold sequinned gown as she puts on a very glamorous display for The Masked Singer Inside Gene Hackman compound where star indulged his love of home improvement and hid away from the world - before he was found dead there Grief-stricken Jennifer Lopez emerges in after trying to 'save' hairstylist Jesus Guerrero before tragic death 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 27/46 Peppa Pig reveals major news as Mummy Pig announces she is with her third piglet Breakfast's Carol Kirkwood left 'shocked' by co-star Naga Munchetty's comment to her live on air Tyra Banks, 51, shows off her incredible glow up in an illusion dress as she reunites with Coyote Ugly co-stars for film's 25th anniversary Olivia Molly Rogers rocks chic outfit as she cuddles up to new man Hugo Breakey during romantic date night at Semi Final Series in Melbourne Kate gushes over 'amazing' William and says she's 'felt the support from everyone' - while Prince tells crowd in Wales he's 'still as cheeky as ever' Reverend Richard Coles admits 'death is often followed by dating' as he offers advice to a grieving widow and her son Danny Dyer and his daughter Dani wrap up in matching jackets as they get down to work filming new show The Dyers' Caravan Park in Kent Elizabeth Hurley, 59, shows off her incredible figure in a tiny pink bikini as she models her swimwear range Emily Blunt cuts a serious figure as she films a car scene while Steven Spielberg works his magic on the set of their new movie The Dish Gene Hackman dead at 95: Iconic actor and wife Betsy Arakawa, 64, are found dead with their dog at Santa Fe home Kate Moss' luxury wellness brand Cosmoss faces a compulsory strike-off 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 28/46 less than three years after it was founded Tenacious star Kyle Gass, 64, shows off dramatic weight loss as returns to band's social media with major announcement - after tour was pulled Racy Dixie D'Amelio turns heads as she joins Julia Fox, Sofia Carson and Keke Palmer at Vanities Night for Young Hollywood event Paul McCartney reveals how he reinvented his career following the Beatles split as he announces new project Love Island's Belle Hassan shares heartbreaking post about 'emotional abuse' - after deleting all traces of boyfriend Luke Crosbie from socials Lila Moss cuts a low- key figure in a varsity bomber jacket and jeans as she steps out in London Karl Stefanovic hams it up with wife Jasmine during holiday in Las Vegas - as he breaks out in song with a busker in the middle of the street 'Frail' Michelle Trachtenberg's tragic final night out: Gossip Girl star so weak she could barely walk down stairs Jordan Stephens reveals he was asked to appear on Star Wars show but turned it down as bosses wanted him to cut off his dreadlocks Michelle Trachtenberg's teary- eyed boyfriend Jay Cohen speak for the first time after her death as he holds down the family's home in 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 29/46 Sean Stewart reveals the disorder that landed him in a rehab facility as he deals with 'past trauma New Britain's Got Talent spin-off show with a twist is in the works and applications are already open The 'tough' life of Gene Hackman's 3 children: Hollywood actor admitted his 'success was always hanging over them' Model Simone Holtznagel flaunts her wealth with $2,950 designer handbag as she leads arrivals at podcast launch with Candice Warner Pregnant Poppy Delevingne, 38, looks radiant in a black sequined dress as she attends the Brunello Cucinelli show during Milan Fashion Week Reclusive final decades of Hollywood legend Gene Hackman after he retired from the spotlight and films for 21 years Gene Hackman's heartbroken fans share emotional tributes to the 'legendary' Hollywood star after he and wife Betsy Arakawa were found dead Jade Thirlwall oozes glamour in a low-cut white dress as she joins stylish Sarah Jessica Parker and Naomi Ackie at Milan Fashion Week's Fendi show Matty Healy's fiance\u00e9 Gabbriette Bechtel goes braless beneath racy mesh top as mother-in-law Denise Welch shares sweet tribute bride reignites feud with her show husband and reveals she 'will never speak to him again' after reunion show drama Francis Ford Coppola and Star Trek actor George Takei leads the 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 30/46 heartfelt tributes to 'one of the true giants of the screen' Gene Hackman and wife Betsy Arakawa Netflix fans rave over 'awesome and underwatched' apocalyptic thriller dubbed the streamer's 'best kept secret' Billy Joel, 75, loses his balance and topples over on stage after throwing his microphone: 'He looked frail' George Clooney, 63, looks handsome as ever in a plaid Fedora as he keeps a low profile for a stroll around Gabrielle Union goes braless in a sheer brown dress at Riff Raff screening - after speaking out on husband Dwayne Wade's cancer diagnosis Gene Hackman's greatest screen moments: From his 1967 breakout in Bonnie and Clyde to The French Connectio - how his iconic roles left audiences in awe Giggling Brooklyn Beckham and his wife Nicola Peltz enjoy a date night in Beverly Hills as they return home following brief trip in London Love It or List It star admits his 'heart is ripped out' as he makes emotional admission about daughter amid family struggle for work life balance Inside Gene Hackman's quiet life with classical pianist wife Betsy Arakawa: From first meeting in a gym to Friday date nights The childhood betrayal that turned Gene Hackman into 'Vesuvius', writes 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 31/46 'The Crown of The Netherlands' to recreate M\u00e1xima's toughest moment: Queen's wedding without her Argentine junta father to feature in season two of the royal drama How Hollywood ruined Gene Hackman's first marriage: Loyal bank clerk supported bid for stardom that made the actor 'selfish' Five are back! Beloved Nineties boyband announce huge tour as they send fans wild with reunion news 25 years after split Hollyoaks star Mikyla Dodd details her battle with an eating disorder after previously shedding nine stone: 'Food dominates my thoughts' Celebrity Traitors suffers another huge blow as legend pulls out of game show after secret talks' Pete Doherty makes exciting career announcement after he revealed he's at risk of having his toes amputated Blooper reel? Meghan posts then quickly deletes behind-the- scenes footage from new Netflix series featuring husband Prince Harry Gossip Girl star Michelle Trachtenberg's cryptic final Instagram posts raised concern ahead of death at age 39 Eamonn Holmes celebrates his girlfriend Katie Alexander's birthday with a date night at the theatre Scott Disick breaks silence on Mounjaro 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 32/46 use after eagle-eyed viewers spotted weight loss drug in his fridge Khloe Kardashian reveals mom Kris Jenner criticised her for performing sex act while dating player The Kardashians baffle viewers for censoring explicit comments about sexual acts after revealing a rating as EastEnders star James Bye takes on the role of Mr Darcy - days after his soap alter-ego Martin Fowler was killed off King Willem- Alexander of the Netherlands under fire for 'interfering in political affairs' by 'securing his sister-in- law Princess Laurentien a government role' Amanda de Cadenet says Michelle Trachtenberg 'knew death was a high possibility' as she FaceTimed her from 'hospital bed' Blake Lively mourns 'fiercely loyal' Gossip Girl co-star Michelle Trachtenberg following shock death at 39: 'She was electricity' Skinny Mindy Kaling gets Kardashian makeover after extreme weight loss transformation star Gizelle Bryant breaks her silence on Karen Huger's jail sentence in case Patsy Kensit, 56, reveals she has 'conquered' empty nest syndrome following sons James, 31, and Lennon, 25, moving out 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 33/46 Robert De Niro reveals unexpected taste of cobra meat after eating it while filming The Deer Hunter Aaron Carter's troubling comments about waking up in Michael Jackson's bedroom aged 15 resurface Huge fortune left by late Coronation Street star to his beloved wife and children Tulisa stuns in a plunging sequin dress as she joins leggy Ashley Roberts, Oti Mabuse and Tasha Ghouri at the Metro Pride Awards Teddi Mellencamp tears up as she gets her staples removed after sharing devastating health update about her brain tumour surgery Brandi Glanville's doctor Terry Dubrow shares unsettling update about her disfiguring skin condition Selena Gomez supported by ex Taylor Lautner as he slams her bodyshamers following her slim Awards appearance Real reason Colleen Hoover wiped Blake Lively from her Instagram as author is branded a 'sell out Kate Middleton recycles 18-year-old jacket demonstrating her commitment to sustainable fashion Kate Hudson flashes the flesh in a very busty dress as she leads starry screening of her Netflix sports comedy series Running Point Demi Moore's sordid secret diary: Published for the first time, confessions so 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 34/46 explosive that husband Bruce Willis locked them away! Inside Michelle Trachtenberg's heartbreaking final days: Gossip Girl star was 'really sick' and 'struggling' prior to her death at 39 Awkward moment Kim Kardashian squirms over cringe 'erection' boast from longevity expert Bryan Johnson Rihanna and Rocky jet back into following Caribbean getaway after his legal victory Jessica Alba debuts meaningful post- divorce tattoo following Cash Warren split Michelle Trachtenberg's secret liver transplant revealed 'after years of struggles' Oscars host Conan O'Brien rolls out the red carpet in Hollywood for 'most unpredictable' awards race in years Tarek El Moussa accused of threatening ex- employee and 'losing his temper' at assistant in wrongful termination lawsuit Kate Middleton promises to share her special plum preserve recipe with young royal fan in Wales as Meghan Markle rebrands her own line of jams Joe Swash begins surprise new business venture with his ex- girlfriend's dad 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 35/46 Amandaland star's family connection to the creator of the sitcom is revealed - as the show continues to delight viewers Hairy Biker Dave Myers' wife Liliana announces touching tribute to husband after he passed away aged 66 following cancer battle Gary Oldman keeps it casual in a Palm Springs top and chinos while running errands in the desert resort city Love It Or List It viewers slam latest 'disorganised' couple to appear on the show and say they just need to 'tidy and paint' cluttered house Haunting resurfaced video shows Michelle Trachtenberg talking about battling bullies Hollywood's most eligible bachelor Kevin Costner flaunts 'wild' single life on Instagram after marriage split Sarah Jessica Parker cuts a chic figure in a knitted dress as she joins leggy Hailee Steinfeld at Milan Fashion Week's Fendi show Teddi Mellencamp breaks silence with devastating health update about her brain tumor surgery The secret anguish of Gossip Girl star Michelle Trachtenberg... and the 'toxic' teenage abuse claims now resurfacing after her tragic death at 39 Natasha Poly puts on a leggy display in tiny hot pants as she departs the Fendi show after storming the runway during Milan Fashion Week The Vivienne's father pays heartbreaking tribute as Drag Race 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 36/46 winner is honoured with Icon Award at inaugural Metro Pride ceremony Sasha Attwood is seen for the first time since boyfriend Jack Grealish denied knowing mystery blonde he was spotted leaving a bar with Former Bad Boy Records president sues Diddy's mother over stake in the company after rapper 'coerced him into giving up his shares Chloe Burrows shares 'traumatising' experience where lifeguards had to rescue her from a riptide during 'chaotic' Australia trip Glastonbury fans predict 'glorious' dance act could finally return for 2025 after hiatus as a result of festival rule Michelle Pfeiffer channels Catwoman in leather while filming new Apple TV+ series with Elle Fanning Michelle Trachtenberg's Gossip Girl co-star Ed Westwick leads heartbreaking tributes after her shock death at 39 Amandaland viewers weigh in on her romance with eccentric Johannes as the pair share racy moment in latest episode How Jennifer Lopez tried to save hairstylist Jesus Guerrero before his tragic death Annie Kilner hits the supermarket back home in Cheshire after weeks of glam globe- trotting with Kyle 2/27/25, 7:00 official resigns over sexual harassment claims | Daily Mail Online 37/46 Walker and the Rooneys Happy Mondays star Rowetta is seen for the first time since accusing band's frontman Shaun Ryder of beating her up in public in furious spat as she heads out on a dog walk Michelle Trachtenberg dead at 39: Buffy and Gossip Girl star passes away after sharing troubling posts Bella Hadid pulls down her bikini bottoms to flash her abs while modeling a tiny white swimsuit CONFIDENTIAL: Leftie in rant about privilege is really a toff Chris Hoy's heartbreak as doctors told him not to pick up his little girl after tumours fractured his spine Resurfaced 2003 clip shows Bill Cosby creepily flirting with Sofia Vergara: 'You make me very...' 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By Sarah Parvini, Harriet Ryan and Paul Pringle After the dean of USC\u2019s medical school resigned last year amid long-running complaints about his drinking and boorish treatment of colleagues, university leaders assured students and faculty that his successor would be worthy of respect. The man chose, however, had a black mark on his own personnel record finding by the university 15 years ago that he had behaved inappropriately toward a female medical school fellow formally disciplined the dean, Dr. Rohit Varma, in 2003 following allegations that he sexually harassed the young researcher while he was a junior professor supervising her work, according to confidential personnel records reviewed by The Times and interviews with people familiar with the university investigation. As The Times was preparing to publish a story disclosing the case announced Thursday afternoon that Varma was no longer dean. \u201cBased on previously undisclosed information brought to the university in recent days leadership has lost confidence in Dr. Rohit Varma\u2019s ability to lead our medical school. As of today, he is no longer dean of the Keck School of Medicine Provost Michael Quick said in a statement. Late Thursday, Quick added that the undisclosed information included details provided by \u201cLos Angeles Times and the university\u2019s own inquiry into the matter.\u201d On Wednesday, prior to that inquiry had told the Times it considered the matter resolved and that it remained confident in Varma. The woman accused Varma of making unwanted sexual advances during a trip to a conference and then retaliating against her for reporting him, according to the records and interviews paid her more than $100,000 and temporarily blocked Varma from becoming a full member of the faculty, according to the records and interviews. \u201cThe behavior you exhibited is inappropriate and unacceptable in the workplace, reflects poor judgment, is contrary to the University\u2019s standards of conduct, and will not be tolerated at the University of Southern California,\u201d a official wrote in a 2003 letter of reprimand. 2/27/25, 7:00 enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=cc58e952-edd1-47f2-859f-87acec6f4cf9 1/5 Despite this soon promoted Varma to full professor. He was elevated three years ago to chair of the ophthalmology department by Dr. Carmen Puliafito, the former dean whose drug use and association with criminals The Times revealed this summer. The sexual harassment allegation is well known in the upper echelons of the university, but not among many of the students and staff. The Times learned of it after publishing the July report about Puliafito. Current and former faculty members contacted the newspaper to express concern that Varma was overseeing the medical school given the harassment finding. Candidates from top U.S. universities were in the running for the dean\u2019s position, raising questions about why elected to follow Puliafito\u2019s troubled tenure with the appointment of a faculty member found to have committed misconduct. Varma did not respond to messages seeking comment. At the January ceremony formally installing Varma as dean administrators lauded his groundbreaking research on eye problems in minorities news release noted that he was \u201cone of the leading recipients of research funding from the National Institutes of Health,\u201d delivering tens of millions of dollars in grant money to the school. \u201cHealing, passion and hope \u2014 these words speak to the character of our new dean President C.L. Max Nikias told the standing-room-only crowd. The harassment complaint sprang from a 2002 ophthalmology conference. At the time, Varma was a 40-year-old rising star in ophthalmology with an inspirational backstory. Raised in India, he had volunteered at a leper colony during medical school and worked alongside Mother Teresa, according to a news release. He had come to in 1993 and carved out a niche researching the prevalence of eye problems in minorities \u2014 a field the U.S. government was eager to fund young international student working for Varma on one of those research projects \u2014 an NIH-funded study of eye disease in Latinos \u2014 accompanied him to the conference. The woman later told investigators that when they arrived at the conference hotel, Varma told the woman he had booked a single room and expected her to share a bed with him, according to two sources familiar with USC\u2019s investigation. She told the investigators that when she questioned the arrangement, Varma claimed the grant money would only cover one room, the sources said. She said that when she protested further, he took her cellphone away and threatened to have her visa revoked, according to the sources. The woman told investigators that she had no money to pay for her own room and ended up sleeping on a cot in Varma\u2019s room, the sources said. 2/27/25, 7:00 enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=cc58e952-edd1-47f2-859f-87acec6f4cf9 2/5 She reported the incident to USC, and the university\u2019s Office of Equity and Diversity launched an investigation of Varma for sexual harassment and retaliation. Investigators found evidence to support her claims, according to confidential university records reviewed by The Times. \u201cIt has been determined that there is sufficient basis to conclude that inappropriate behavior has occurred,\u201d then-Keck medical school Dean Stephen Ryan wrote to Varma in a March 2003 letter. \u201cFurther inappropriate behavior will result in your dismissal.\u201d As punishment, Varma was denied an expected promotion to full professor and his salary was reduced by $30,000, according to the letter. (He was making about $280,000, according to a disclosure he filed in his divorce case later that year.) He also was ordered to undergo counseling about sexual harassment, the letter stated. \u201cIn addition, you should avoid all one-on-one encounters with [the researcher]. Contact with [her] shall be limited to that which is necessary to perform your job,\u201d Ryan told him in the letter. Ryan, who died in 2013, wrote that the letter \u201cwill be part of your permanent University file.\u201d Half a dozen officials were copied on the letter, including two who remain in prominent roles: Vice Provost Martin Levine, and Senior Vice President and General Counsel Carol Mauch Amir. The university reached a $135,000 settlement with the woman, according to sources with knowledge of the payment university source said Varma personally paid about $11,000 of the settlement. The woman ultimately left the United States. Reached by phone recently, she declined to comment. The decision to discipline Varma but keep him on the faculty came the month after he received a five-year, $11-million grant from the NIH. At the time, it was the largest grant ever awarded to USC\u2019s ophthalmology department. In the following years rolled back some of Varma\u2019s punishments. University administrators rescinded the $30,000 reduction in his salary in 2004. They reasoned that the loss of a promised raise was sanction enough, according to internal university correspondence. \u201cWe are confident that Dr. Varma will not make these mistakes again and that he has learned a great deal from this process,\u201d Ryan and another medical school administrator wrote to Varma\u2019s department chair in 2004. In 2005, the university promoted Varma to full professor, according to his bio. Through it all, Varma continued attracting substantial research funding. In the years since the harassment case, the sent more than $60 million in grants to for Varma\u2019s projects, according to federal databases. 2/27/25, 7:00 enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=cc58e952-edd1-47f2-859f-87acec6f4cf9 3/5 Varma left in 2012 for a brief stint as chair of the ophthalmology department at the University of Illinois College of Medicine in Chicago. Two years later, then-Dean Puliafito brought him back to as ophthalmology department chair and co- director of what is now known as the Gayle and Edward Roski Eye Institute. By that time, Puliafito had become unpopular with many on campus. Faculty and staff made numerous complaints about his alcohol consumption at events and his rage-filled tirades against co-workers. Puliafito was using methamphetamine and other drugs and partying with a circle of addicts, prostitutes and other criminals in 2015 and 2016, The Times reported in July. He stepped down March 24, 2016, after Provost Quick confronted him with complaints about his job performance and behavior, according to USC. The same day appointed Varma as interim dean and announced a nationwide search for a new permanent dean search committee headed by Quick interviewed candidates from several top universities, according to a university source. The job went to Varma, whom the provost described then as \u201cthe standout\u201d to lead the medical school. The mistreatment of young female scientists by more-established and better-funded male researchers has become a pressing concern in academia in recent years. The NIH, which this year will spend more than $27 billion to support research, said last year that it was \u201cdeeply concerned about sexual harassment in science\u201d and was working on ways to end misconduct by the researchers it funds. Noreen Farrell, an attorney who has represented victims of sexual harassment on campus, said universities that promote faculty found to have acted inappropriately toward women send the wrong message. \u201cIt damages the credibility of schools who say they want to protect students and faculty from harm,\u201d said Farrell, now the executive director of the national nonprofit Equal Rights Advocates. \u201cWho your leaders are matters.\u201d Fatima Goss Graves, an attorney and advocate for gender equality in the workplace, said Varma\u2019s incident did not automatically exclude from considering him as dean don\u2019t want to say that no one can be rehabilitated. Of course people can,\u201d said Graves, the president and chief executive of the National Women\u2019s Law Center think there\u2019s a question: What steps did they take to correct the environment, and what steps did they take to ensure it\u2019s not a continuing problem?\u201d [email protected] [email protected] [email protected] 2/27/25, 7:00 enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=cc58e952-edd1-47f2-859f-87acec6f4cf9 4/5 Times staff writers Matt Hamilton and Adam Elmahrek contributed to this report. 2/27/25, 7:00 enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=cc58e952-edd1-47f2-859f-87acec6f4cf9 5/5", "7821_104.pdf": "Dean of Keck School of Medicine Rohit Varma resigns after less than a year Dr. Rohit Varma resigned from his position as dean of the Keck School of Medicine on Thursday, according to a letter from Varma to Keck staff and faculty obtained by the Daily Trojan. By TOM\u00c0S October 6, 2017 Photo courtesy of News. [ content/uploads/2017/10/WEB_Varma_2014.jpg] \u2018Woke DEI\u2019 database identifies $10.6 million in research funds \u2018Harry Potter and the Cursed Child\u2019 is a feat of theatrical magic flags DEI- related terms in research projects Yonover disqualified from election Viterbi\u2019s Ginsburg Hall access policy debated Got a story idea? \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 1/9 care deeply about the Keck School and felt it was in the best interest of the school for me to step down at this time,\u201d Varma said in the letter. The Los Angeles Times reported Thursday that in 2003 had disciplined Varma following allegations that he had sexually harassed a researcher while he was a junior professor did not confirm that the sexual harassment accusation and Varma\u2019s resignation were related. \u201cToday we learned previously undisclosed information that caused us to lose confidence in Dr. Varma\u2019s ability to lead the school Provost Michael Quick said in a statement. \u201cOur leaders must be held to the highest standards. Dr. Varma understands this, and chose to step down.\u201d At the time of the alleged harassment, Varma was a 40- year-old ophthalmologist who had worked alongside Mother Teresa, according to a press release when he was installed as dean. The Times reported that Varma told the woman that he had booked a single room for them to share. She said that while she protested, Varma took her phone and threatened to have her visa revoked. Following the incident, Varma was denied an expected promotion, his salary was reduced by $30,000 and he was ordered to go through sexual harassment counseling, according to the Looking to advertise with us? Visit dailytrojan.com/ads \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 2/9 Times reached a $135,000 settlement with the woman, of which Varma paid $11,000. In 2004, Varma\u2019s salary reduction was removed and he was promoted to full professor the following year. While Varma\u2019s letter to Keck faculty and staff was dated Wednesday, Oct. 4, the letter was sent after 5 p.m. on Thursday, Oct. 5. The Times also reported receiving a statement from the University on Oct. 4 defending Varma. \u201cThis incident was addressed and resolved 15 years ago,\u201d the statement read. \u201cWe carefully considered Dr. Varma\u2019s character and qualifications before rehiring and promoting him. We remain confident in his ability to lead the Keck School of Medicine.\u201d Today, USC\u2019s statement read that leadership had \u201clost confidence in Dr. Rohit Varma\u2019s ability to lead\u201d the medical school. Varma had been selected to replace former Keck dean Carmen Puliafito following his resignation in March 2016. Varma began his tenure as dean in November 2016. Last July, the Los Angeles Times reported that Puliafito had engaged in drug use while dean of Keck and had kept company with convicted criminals and an underage drug user. According the the Times, a few weeks before his resignation, Puliafito was present at a \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 3/9 Share this entry \ue8f3 \ue932 \ue805 Pasadena hotel party where a woman he had been affiliated with suffered a drug overdose. Quick said in Thursday\u2019s statement that he is currently working to name an interim dean and following that appointment will complete a \u201cfull national search process\u201d to name a new dean know there are many important issues to be attended to in the near future, and look forward to working closely with the Keck School of Medicine in the days and months ahead,\u201d Quick said in the statement. The Keck School is hosting an event Friday at noon in a location that had not been determined at time of publication. Varma did not immediately respond to request for comment. keck school of medicine , rohit varma Kaitlyn Chu | Daily Trojan [ content/uploads/2017/10/roadtoresignation.png 10 \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 4/9 Kenneth E. Fraser October 13, 2017 at 2:45 Would you please douse your torches and put away your pitchforks. Change gonna come. BostonTW October 12, 2017 at 12:51 Fire. Max. Nikias. I\u2019ve lost count of the number of scandals under his tenure needs to clean house, starting at the top October 9, 2017 at 6:24 At this point, I\u2019m not even surprised. Is there actually a campaign going on to undermine the reputation of the university? It would be one thing if this info was unknown to USC\u2026 But the school can\u2019t even do a background check \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 5/9 Kenneth E. Fraser October 9, 2017 at 7:02 To paraphrase Steve Earle, KSOM, don\u2019t you reckon it\u2019s time? and make a solid, moral decision on information it is OF. If this isn\u2019t willful ignorance or recklessness, who knows what is\u2026 and the school wasn\u2019t even going to do anything about it until the L.A. Times was going to out them! I\u2019ll always be a proud alum, but it\u2019s hard to imagine encouraging anyone to donate a dime to this place until the trash responsible for this gets taken out. GeorgeCurious October 6, 2017 at 2:06 If this latest scandal doesn\u2019t make USC\u2019s \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 6/9 Kenneth E. Fraser October 7, 2017 at 8:43 In The Official Ranking of Medical Schools for 2005 placed 32nd, below the University of Minnesota Minneapolis Medical School and well below the David Geffen School of Medicine at UCLA. On a similar survey, conducted by U.S. News placed 31st was great once, time to be great again. Health Sciences Campus feel like a red-headed stepchild, nothing will. david October 6, 2017 at 12:17 \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 7/9 Time for Michael Quick to go! He is a mediocre administrator at best, a failed leader, and an embarrassment to our school. At a time when we need the best of the best, we have an incompetent in the office of the Provost. Kathleen Warner October 6, 2017 at 8:52 That front page scandals keep happening at should give the Board of Trustees pause about the direction of the university and whether degrees from are being devalued as a result. Friend of Ron October 6, 2017 at 8:17 Quick, shut down the Greek system before anyone finds out about another \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 8/9 Comments are closed. administration problem! Kenneth E. Fraser October 6, 2017 at 7:35 find it so ironic that one ophthalmologist followed another in this high drama of leadership when a blind person could have seen this coming. \u00a9 University of Southern California/Daily Trojan. All rights reserved. \ue8f3 \ue932 \uf16a \uf16d \ue853 \ue805 This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies 2/27/25, 7:00 Dean of Keck School of Medicine Rohit Varma resigns after less than a year - Daily Trojan 9/9"} |
8,713 | Bruce Conforth | University of Michigan | [
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] | {"8713_101.pdf": "Several former students have accused Bruce Conforth, a former lecturer in the American Culture department, of sexual misconduct and assault. Dominick Sokotoff/Daily. Buy this photo Former American Culture lecturer accused of sexual misconduct by Kate Weiland April 23, 2021 Editor\u2019s note: This article contains depictions of sexual assault Several sexual assault allegations surfaced Friday against former University of Michigan American Culture lecturer Bruce Conforth, who won the 2012 Golden Apple Award for most outstanding instructor, 2/27/25, 7:01 Former American Culture lecturer accused of sexual misconduct 1/5 according to the New York Times. Conforth, a musician and founding curator of the Rock & Roll Hall of Fame, retired in early 2017. His retirement came after three women reported to the University in 2008 and 2016 that Conforth had attempted to engage in sexual relationships with them as students, according to the Times. Now, six former students have filed legal papers with the intent of suing both Conforth for sexual misconduct and the University of Michigan for failing to provide Conforth with consequences or protect the victims with further investigation and action. Conforth\u2019s allegations of sexual harassment include unsolicited messages and rape. Former students of Conforth Lauren Lambert and Shaina Mahler, and former University student Cassie McQuater, all claimed that Conforth sent them unsolicited messages containing sexually charged drawings and texts in 2011, 2014 and 2007, respectively. Katherine McMahan, a 2008 University graduate, alleged that Conforth cornered her at a bar, grabbing her waist and repeatedly asking her to sleep in his home. Amelia Brown, another one of Conforth\u2019s former students, told the Times she was pressured into a sexual encounter with Conforth after being pursued with inappropriate advances. Former University student Maya Crosman, who received anonymous, harassing emails she believed were from Conforth, said Conforth forcibly kissed her and stuck his tongue in her mouth in his office. Isabelle Brourman received similarly harassing emails and stated in court papers that Conforth raped her in his apartment in Ann Arbor. Brourman also said Conforth continued to rape her during her time as a student at the University, the first time in his office when she was a junior. The other plaintiffs that came forward said that they were accosted by Conforth about pursuing a sexual relationship and received other sexually explicit messages. According to the Times, the victims said the requests from Conforth persisted after they declined. When contacted by The Daily for a statement, Conforth said he had no comment. 2/27/25, 7:01 Former American Culture lecturer accused of sexual misconduct 2/5 The University claimed to have taken action against Conforth by setting restrictions on him after the first report of sexual assault in 2008, and planned to conduct an investigation after the second two reports in 2016, if Conforth did not agree to retire in 2017. \u201cHe should have been fired,\u201d Brourman said in an interview with the Times. \u201cBut they allowed him to thrive. They allowed him to win awards.\u201d The University\u2019s sexual misconduct policy includes sharing their investigative findings with students who filed complaints, but both Brown and Mahler said they were only alerted to the outcome of the review last year when Mahler inquired about it. The University\u2019s Office of Public Affairs did not reply to request for comment in time for publication. The allegations against Conforth come in the wake of several other allegations of sexual misconduct leveled against faculty members by their students or former students, including The Michigan Daily\u2019s reporting on tenured English professor Douglas Trevor in January. Trevor, the former director of the Helen Zell Writers\u2019 Program and the Hopwood Awards Program, was sanctioned by Dean Anne Curzan in April 2020 and told he could no longer hold closed-door office hours or meet with students off campus for the next two years. The University last year fired David Daniels, opera star and voice professor, who was also charged with sexual assault.Another former Music, Theatre & Dance professor, Stephen Shipps, was indicted in federal court in Oct. 2020 on two counts of transporting a minor across state lines with the intent of engaging in sexual contact after a Michigan Daily investigation found 40 years of sexual assault allegations against him He awaits a tentative trial date of June 15. 2/27/25, 7:01 Former American Culture lecturer accused of sexual misconduct 3/5 Additionally, allegations of sexual misconduct against professor Jason Mars surfaced in Feb. 2020 in an article published in The Verge. The article cited 13 reports from former employees at Mars\u2019 startup Clinc regarding inappropriate behavior from Mars. In Dec. 2020, it was announced that Mars would be teaching a class required for the major. The University faced criticism from students about Mars\u2019 appointment as assistant professor. Another professor, Peter Chen, was put on administrative leave following allegations of sexual misconduct of a person under 13 years-old. On Jan. 28, Chen was charged with criminal sexual conduct of the first degree at an arraignment. Chen was a well-known professor, and former students said they were shocked to learn of the allegations. In Jan. 2020, former Provost Martin Philbert was put on leave after sexual misconduct allegations surfaced against him wide-ranging investigation by the law firm WilmerHale released in July found evidence of sexual harassment for at least 15 years. University President Mark Schlissel also received an anonymous allegation of Philbert\u2019s misconduct in his own April 2019 performance evaluation. Schlissel denies having read that allegation at the time. In response, the University hired the consulting firm Guidepost Solutions, which is assisting the administration with the implementation of recommendations made in the WilmerHale report regarding sexual misconduct at the University. In 2019, the University was required to amend its policy regarding its handling of sexual misconduct to give students accused of sexual misconduct more power in proceedings against them. The amendment came after the U.S.Court of Appeals for the Sixth Circuit ruled in Doe v. Baum that the University was required to allow students accused of sexual misconduct the opportunity to cross-examine their accusers and request live hearings, a decision that has been widely criticized by members of the community. 2/27/25, 7:01 Former American Culture lecturer accused of sexual misconduct 4/5 \u00a9 2025 One hundred and thirty-four years of editorial freedom Powered by Newspack The University pushed back on the ruling, arguing that the potential for a retraumatizing cross-examination by their assailant would deter victims from reporting sexual misconduct and assault. After the Trump administration\u2019s Department of Education narrowed federal definitions of sexual misconduct, the University in Aug. 2020 released an interim policy that preserved the broader definition outside federal Title regulations. The interim policy also retained mandatory reporter obligations for certain University employees that the federal government dropped non-interim policy will be finalized by July 1 of this year. Correction previous version of this article stated that Brourman said Conforth raped her in his office after she graduated. She actually said Conforth raped her consecutively while she was a student, including the first incident in his office. Correction previous version of this article stated that Cassie McQuater was a former student of Conforth\u2019s. McQuater was actually a student at the University, not a member of Conforth\u2019s class. This article has been updated to reflect allegations of harassing emails and unwanted kissing by Conforth from former University student Maya Crosman. Daily Staff Reporter Kate Weiland can be reached at [email protected]. This is a developing story. Check back at michigandaily.com for more updates. 2/27/25, 7:01 Former American Culture lecturer accused of sexual misconduct 5/5", "8713_102.pdf": "Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 8 former students involved in civil lawsuit Priya Mann, Anchor/Reporter Kayla Clarke, Senior Web Producer Published: January 31, 2022 at 6:56 Tags: Ann Arbor, University Of Michigan, All About Ann Arbor, Sexual Harassment, Bruce Conforth, Sexual Abuse, Professor, Katherine McMahan, Isabelle Brourman, Lawsuit, Civil Lawsuit The Sexual Assault Hotline is completely confidential and available 24/7 to call at 855-864-2374. Former University of University of Michiga\u2026 New University of\u2026 Full Santa Ono\u2026 How students are\u2026 Experts call Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 1/10 ARBOR, Mich. \u2013 Former University of Michigan students say a prominent Rock \u2018n\u2019 Roll professor sexually abused them civil lawsuit has been filed on behalf of the students. The lecturer, Bruce Conforth, resigned in 2017 after he admitted to allegations of sexual misconduct that were made against him. One of the former students said she was sexually assaulted in Conforth\u2019s office during school hours. Another former student said she was the first to come forward to the university, but her complaints were ignored. \u201cHe broke me down through encrypted aliases, increasingly requiring that report anything did with outside friends, scorning me for it, and then requiring that service Bruce sexually as a way to redeem myself grew scared, fearful to take missteps came to the university to learn and grow and instead one of the most popular professors used his knowledge, authenticated and raved about by the university, to stunt my growth, violate my body and to ruin my life out of jealousy,\u201d Isabelle Brourman said. The students say his celebrity-like persona allowed him to groom students. Brourman said Conforth told her he was part of the Illuminati and as the abuse escalated, he sexually assaulted her in his campus office had to tell him that loved him and show him loved him in order to survive,\u201d Brourman said. Years before Brourman was assaulted, another former student, said she was aggressively propositioned by Conforth. Katherine McMahan said when she came forward her complaint was ignored did what was supposed to do, what the university told me to do followed the rules and they didn\u2019t do anything,\u201d Katherine McMahan said. \u201cBut the university swept this under the rug. They turned a blind eye, and in doing so, enabled and rewarded his deplorable behavior, essentially giving him permission to keep going and he did -- and his actions escalated.\u201d Advertisement Advertisement Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 2/10 There are eight former students involved in the civil lawsuit. \u201cWe went from representing one, then two, then six -- now eight woman have come forward just because of the strength in numbers and the strength that they gain from each other and most importantly, knowing that they are not alone,\u201d attorney Nolan Erickson said. Read: More University of Michigan news coverage University of Michigan releases official statement: The spokesperson for University of Michigan, Rick Fitzgerald, released the following statement. Fitzgerald is the Associate Vice President for Public Affairs. \u201cBruce Conforth was a former lecturer in American Culture who\u2019s employment ended in 2017. Advertisement Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 3/10 Mr. Conforth admitted to allegations of sexual misconduct that were made and a separation agreement outlined his permanent removal from the university, no contact with students and other requirements. The university was prepared to initiate dismissal proceedings had he not first resigned. Mr. Conforth was covered by a collective bargaining agreement that includes a several-step process before an employee can be dismissed. Any employee may resign before that process is complete. The university, or any employer, does not need to agree for an employee to resign. It is important to note in this situation that Mr. Conforth was not offered anything (compensation, benefits, etc.) in exchange for his resignation. The university took the necessary actions, outlined in a separation agreement, to permanently remove Mr. Conforth from the university community and restrict him from any further contact with students. The university continues to take extraordinary measures to put critical protections in place for students and all members of our community on top of earlier protections. We continue to work with the nationally recognized consulting firm of Guidepost Solutions on additional measures. We have added new policies that prohibit teacher-learner romantic relationships, that prohibit supervisor-supervisee relationships and strengthened our policy against any type of retaliation. And are developing a cultural change process that was outlined last summer. Advertisement Advertisement Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 4/10 We are in the process of adding significant staff to the newly formed Equity, Civil Rights and Title Office, that will increase our prevention and education efforts while freeing up resources to focus sharply on investigating allegations of misconduct when they occur.\u201d Copyright 2022 by ClickOnDetroit - All rights reserved Priya Mann Priya joined WDIV-Local 4 in 2013 as a reporter and fill-in anchor. Education: B.A. in Communications/Post Grad in Advanced Journalism email Kayla Clarke Kayla is a Web Producer for ClickOnDetroit. Before she joined the team in 2018 she worked at in Lansing as a digital producer. email Marketplace Sell Your Items - Free to List Visit Full Marketplace Set of 2 360 Video Games Elder Scrolls Oblivion $12 E. | sellwild.com Apple AirPods max $280 K. | sellwild.com Paris Sport Club Women's Long Sleeve Rabbit Hair Blue Sweate... $30 E. | sellwild.com Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 5/10 California Design Women's Blue Military Round Neck Open Fron... $30 E. | sellwild.com Akademiks Mens Sz Short sleeve Shirt Nasa Space $18 E. | sellwild.com Women's casual blue dress size $94 T. | sellwild.com Powered by Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 6/10 boymomto2dogmom1 With the ups and downs of this winters rollercoaster of emotions (ie. temperatures have been rather sick with allergies and sinus infections off and on since November. Yesterday was no\u2026 Write Comment.. My Favorites Cats Dogs Other None Cats or dogs? Update Update Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 7/10 Cindy Sunrise on St. Clair River Write Comment.. Recommended Videos Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 8/10 Upgrade your travel and beauty routine with these Insider Deals How you can get Microsoft Office for life for under $40 Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 9/10 Listings Email Newsletters Feeds Contests and Rules Contact Us Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (313) 222-0556. At WDIV, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence. Copyright \u00a9 2025 ClickOnDetroit.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings Advertisement 2/27/25, 7:01 Former University of Michigan students say professor of Rock \u2018n\u2019 Roll sexually harassed them 10/10", "8713_103.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Advertisement Text your bestie and plan your next road trip! We\u2019ve found the best tastes Michigan has to offer. Check them out here. MLive.com Rock \u2018n\u2019 Roll professor, University of Michigan finally served in sexual harassment lawsuit Updated: Mar. 23, 2022, 12:40 p.m. | Published: Mar. 23, 2022, 10:59 a.m. Subscribe Bruce Conforth -- a former Golden Apple award winner -- is the original curator at the Rock and Roll Hall of Fame who used to teach American music culture at the University of Michigan. Kody Klein | For AnnArbor.com AnnArbor.com MLive Media Group By Samuel Dodge | [email protected] - It took nearly two months, but a \u201cRock \u2018n\u2019 Roll\u201d professor and the University of Michigan finally have been served with a lawsuit concerning allegations the professor raped and harassed multiple students. Eight female students have named Bruce Conforth, a former teacher and curator of the Rock and Roll Hall of Fame, in a Jan. 31 lawsuit accusing him of rape, sexual harassment and other sexual misconduct. The women also allege has mishandled complaints made against the 71-year-old professor since 2008 was served the complaint on March 15, while Conforth was served on March 21, according to Washtenaw County Circuit Court records. The nearly two-month delay in service was due to the plaintiffs\u2019 attorneys mulling more allegations against Conforth, according to Okemos-based Grewal Law. Read more: University of Michigan \u2018Rock n\u2019 Roll\u2019 professor harassed multiple women, lawsuit states For now, attorneys said the law firm is standing by the current allegations, which accuse Conforth of various misconducts including rape and unwanted sexual advances including emails, text messages and phone calls, as well as unwanted gifts, hugs, kisses suing Hochul state over immigration policy Multiple messages for comment left with Conforth\u2019s attorney, Alexander Berry-Santoro of Ypsilanti-based Babut Law Offices, were not returned. MLive/The Ann Arbor News does not typically name victims of sexual assault, but seven of the women name themselves in court records. One of them, Katherine McMahan, said during a Jan. 31 virtual news conference that she first filed a complaint against Conforth in 2008 through UM\u2019s Office of Institutional Equity (now the Equity, Civil Rights and Title Office). Since Conforth did not retire until 2017, McMahan accuses of allowing him to stay despite knowledge of his misconduct \u201cpromptly reviewed all matters brought to its attention\u201d regarding Conforth in 2008, said spokesman Rick Fitzgerald. After Conforth admitted to further accusations made in 2016 and 2017, the university prepared a separation agreement for him to leave, Fitzgerald said. \u201cThe 2016-17 review resulted in Mr. Conforth\u2019s immediate departure from the university,\u201d Fitzgerald said court date has not yet been set, according to court records. Washtenaw County Circuit Court Judge Timothy Connors will preside over the case. McMahan\u2019s 2008 complaint McMahan, now a 36-year-old program manager at LinkedIn in New York City, took Conforth\u2019s blues history class in 2007, she said. After attending a concert for the class, Conforth invited her and a handful of other students to the downtown Ann Arbor bar Old Town Tavern, 122 W. Liberty St., she said. At one point, Conforth allegedly cornered McMahan in the hallway near the restrooms and embraced her, she said, adding that his long fingernails he uses to play guitar were digging into her lower back. After she expressed discomfort with his advances, he asked her to sleep in his bed, she said. \u201cHe said that he was sure his bed was better than mine,\u201d McMahan said was finally able to push him off and say no.\u201d In an email exchange about a potential class trip to the Mississippi Delta, she said she told Conforth she would not be attending. He emailed her requesting she shouldn\u2019t \u201cdo anything too rash,\u201d such as report him. McMahan said she saved evidence of the email interactions, and after her spring 2008 graduation, she submitted them in her complaint to UM\u2019s then office. Pam Heatley, the investigator then, told her that Conforth corroborated the events and that was \u201ctaking all the necessary steps to ensure this wouldn\u2019t happen again,\u201d McMahan said. As Conforth did not resign until 2017, this promise was not kept, McMahan said. \u201cBruce was allowed to stay to keep teaching,\u201d she said. Isabelle Brourman\u2019s ordeal from 2013 to 2018 Isabelle Brourman, a 28-year-old New York-based artist, also went public in the Jan. 31 news conference with her allegations against Conforth. After meeting in his class in 2013, he obtained her phone number and texted her that he was a member of the Illuminati, she said. This references a secret society founded in Bavaria in 1776, but popularized in fiction in the last two decades. Brourman received emails from someone claiming to lead the Illuminati, ordering her to have sex with Conforth, she said. Conforth raped her in his office and at his home multiple times between 2013-18, she said. He later admitted those emails came from him, Brourman said. \u201cHe broke me down through encrypted aliases, increasingly requiring that report anything did with outside friends, scorning me for it, and then requiring that service Bruce sexually as a way to redeem myself,\u201d she said on Jan. 31 grew scared, fearful to take missteps came to the university to learn and grow and instead one of the most popular professors used his knowledge, authenticated and raved about by the university, to stunt my growth, violate my body and to ruin my life out of jealousy.\u201d Read more from The Ann Arbor News Youth pastor positioned himself as big brother, uncle to boys he allegedly sexually abused Feb. 24, 2025, 1:49 p.m. Washtenaw County schools enrollment decline slows in 2024 Feb. 24, 2025, 3:06 a.m. Mark Schlissel\u2019s firing reveals hypocrisy at University of Michigan, sexual abuse survivors say \u2018You can give me a private briefing.\u2019 Emails detail ousted University of Michigan president\u2019s inappropriate relationship University of Michigan students find humor, shame in Mark Schlissel\u2019s firing If you purchase a product or register for an account through a link on our site, we may receive compensation. 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Buy this photo \u2018Tell them what you allowed to happen to us\u2019: Sexual assault survivors of former professor Bruce Conforth take legal action against the University by Vanessa Kiefer January 31, 2022 Trigger Warning: This article contains descriptions of sexual assault. 2/27/25, 7:01 Sexual assault survivors of former UMich professor Bruce Conforth take legal action against the University of Michigan 1/6 University of Michigan alumni and survivors of former American Culture lecturer Bruce Confoth came together at a virtual press conference Monday morning to announce they would be filing a lawsuit against the University for failing to adequately protect students against a predatory professor. In total, there are eight alumni \u2014 who attended the University between 2004 and 2017 and are survivors of Conforth\u2019s abuse \u2014 involved with the lawsuit. They are being represented by Michigan law firm Grewal Law and said they will be filing the initial complaint with the Washtenaw County Circuit Court. Several sexual assault allegations against Conforth, including those for inappropriate emails and rape, came to light on April 23, 2021. It wasn\u2019t until 2017, Conforth retired from the University after previously winning the 2012 Golden Apple Award for most outstanding instructor. Nolan Erickson, a legal counsel for some of the Conforth survivors, said the University was complacent despite knowing of Conforth\u2019s sexual misconduct allegations during his professorship. \u201cEven after (the University) learned of the professor\u2019s misconduct because of student complaints in 2008, it did not prevent him from committing further abuses or warn students about his behavior,\u201d Erickson said. \u201cWhat followed was nearly a decade of serial abuse in the form of sexual harassment and sexual abuse of students.\u201d Katherine McMahan, who graduated from the University in 2008, is one of the survivors who spoke at Monday\u2019s press conference. McMahan said Conforth had invited her and other students to a bar outside of class one night and bought everyone a round of drinks. She alleged that when she got up to use the restroom, Conforth cornered her, grabbed her waist and repeatedly asked her to sleep in his home. After that incident, McMahan said she received multiple emails from Conforth asking her to not report what had happened. \u201cHe hoped that wouldn\u2019t do anything rash (and that) he had his career to think about,\u201d McMahan said. \u201cBruce knew what he did was wrong. It was not something a professor should do with a student and he was trying to guilt me into staying silent.\u201d McMahan said she decided to report the incident to the Office of Institutional Equity \u2014 which was replaced in 2021 by the Equity, Civil Rights and Title Office \u2014 after she graduated. She said she waited until she was no longer a student to report Conforth so her ability to graduate would not be thrown into jeopardy. She said when she brought the emails between her and Conforth to Pamela Heatlie, the senior director and 2/27/25, 7:01 Sexual assault survivors of former UMich professor Bruce Conforth take legal action against the University of Michigan 2/6 Title coordinator at the time, Heatlie assured McMahan the allegations would be taken very seriously. McMahan said Heatlie then reached out to Conforth, asking him to corroborate McMahan\u2019s account. \u201cPam emailed me to tell me that Bruce corroborated the events and that the department and the University were taking all the necessary steps to ensure this wouldn\u2019t happen again,\u201d McMahan said. \u201cBut Bruce was allowed to keep teaching.\u201d Isabelle Brourman, a 2015 University graduate and another survivor of Conforth, alleged that the had known about Conforth\u2019s sexual harrassment and manipulation toward female students since 2008. Brourman said she first heard about Conforth freshman as a freshman in 2011 and met him in winter semester of her sophomore year in 2013. Brourman said going into her first year at the University, she knew Conforth\u2019s classes were popular and often had long waitlists. She said she heard from other students that meeting with Conforth in person was the best way to try to get off the waitlist. \u201c(When nervously approached him about taking one of his courses, he stared at me and then told me he would see what he could do,\u201d Brourman said. \u201cMoments later, Bruce began the grooming process. He managed to find my Facebook account and sent me a friend request.\u201d Brourman said Conforth began contacting her from encrypted email accounts. Though she did not know he was the one sending her the emails until later, she said the anonymous sender claimed they were a powerful cult leader and threatened her safety if she did not allow Conforth to sexually abuse her. She said she took these threats seriously at the time. 2/27/25, 7:01 Sexual assault survivors of former UMich professor Bruce Conforth take legal action against the University of Michigan 3/6 was told that (the anonymous cult leaders) were watching me, that they might kill previous romantic partners and that was required to sexually service Bruce as a way to keep not only myself safe, but to also prevent his death,\u201d Brourman said. In the summer of 2014, Brourman said she received an email threatening her life if she did not have sex with Conforth. \u201cThis time arrived at the University of Michigan not as a willing student, but as a helpless hostage,\u201d Brourman said. \u201cBruce locked his office door and began to rape me.\u201d In 2016, Brourman and two other survivors filed Title reports to the detailing Conforth\u2019s abuse. Brourman said she was made aware that Heatlie was examining Conforth\u2019s University email account at the time and found an explicit video Conforth had taken of Brourman. However, Brourman said Conforth 2/27/25, 7:01 Sexual assault survivors of former UMich professor Bruce Conforth take legal action against the University of Michigan 4/6 allegedly told the that she had consented to sexual interactions with him. After that, Brourman said did not follow up with her about her Title report. \u201cWhen (Heatlie) asked (Conforth) about it, he, a 65-year-old instructor, told (her) that he and I, a 23-year-old former student, were in a committed and consensual relationship,\u201d Brourman said was never asked (about it was never even contacted by the was the only lifeline had, the only people or agency that was privy to reports about his violations, and (they) felt no obligation to inquire into my well being.\u201d Erickson said Brourman sent a Freedom of Information Act request to the University in June 2021 to obtain several documents and emails pertaining to her Title report. Erickson said as of Jan. 31, the University still has not responded to the requests. He said he worked with Brourman to file another lawsuit last week to pursue the documentation. Erickson said she has been frustrated by the extent to which it seems sexual survivors have to advocate for themselves to receive any sort of justice. \u201c(Survivors) need better support, they need to know that they\u2019re not alone,\u201d Erickson said. \u201cThey need to know that this isn\u2019t happening in isolation. That is something that has to change at the University of Michigan, and frankly, other institutions in the state of Michigan and across the country.\u201d In an email to the Michigan Daily on Monday, University spokesperson Rick Fitzgerald wrote Conforth was covered by a collective bargaining agreement which requires several actions be taken before an individual is terminated. Fitzgerald wrote the University took the necessary actions to ensure he had no contact with students prior to his resignation and that Conforth was not offered any compensation or benefits in exchange for his resignation. \u201cMr. Conforth admitted to allegations of sexual misconduct that were made and a separation agreement outlined his permanent removal from the university, no contact with students and other requirements,\u201d Fitzgerald wrote. \u201cThe university was prepared to initiate dismissal proceedings had he not first resigned.\u201d Fitzgerald wrote the University is committed to protecting students and community members from misconduct and has added new policies such as prohibiting student-teacher romantic relationships to facilitate that goal. \u201cThe university continues to take extraordinary measures to put critical protections in place for students and all members of our community on top of earlier protections,\u201d Fitzgerald wrote. \u201cWe continue to work with the nationally recognized consulting firm of Guidepost Solutions on additional measures.\u201d 2/27/25, 7:01 Sexual assault survivors of former UMich professor Bruce Conforth take legal action against the University of Michigan 5/6 \u00a9 2025 One hundred and thirty-four years of editorial freedom Powered by Newspack Brourman also spoke on the history of silencing survivors at the University, including allegations in the Philbert and Anderson cases. She urged the University to take action and accountability for administrative sexual misconduct. The University recently reached a settlement agreement with survivors of the late doctor Robert Anderson after 15 months of mediation between Anderson survivors and the University. The $490 million settlement follows months of protest and over 1,050 survivors coming forward with sexual misconduct allegations against Anderson. Former University of Michigan President Mark Schlissel was terminated by the Board of Regents in early January after an internal investigation revealed he had been engaging in an inappropriate relationship with a University subordinate. Documents obtained from the Detroit Free Press reveal Schlissel could still return to the University this fall as a tenured professor due to a faculty tenure position he is entitled to under his initial contract with the University. \u201cFiring the President does not fix this issue,\u201d Brourman said. \u201cChanging a Title office while keeping the same administration and procedures in place does not fix this issue. Your empty, false messaging every time a new story comes out will not fix this issue. Tell the truth. Tell them what you allowed to happen to us.\u201d Correction 2/6 previous version of this article incorrectly stated Brourman first heard of Conforth as a freshman in 2013. She heard of Conforth as a freshman in 2011 and met Conforth as a sophomore in 2013. The article has been updated to include a statement from University spokesperson Rick Fitzgerald. Daily Staff Reporter Vanessa Kiefer can be reached at [email protected]. 2/27/25, 7:01 Sexual assault survivors of former UMich professor Bruce Conforth take legal action against the University of Michigan 6/6", "8713_105.pdf": "LANSING, Mich. (AP) \u2014 Students of a former University of Michigan lecturer recounted stories of alleged sexual assault, psychological torture and university negligence Monday before filing a lawsuit against the professor and the school. On a Zoom call with reporters, the two former students described Bruce Conforth, a musician who taught in the American Culture department, as the \u201ccool professor\u201d who talked about playing music with various rock stars. They said Conforth would meet up with students at bars and advised them to follow their dreams, and that students felt lucky to take his class. The Associated Press doesn\u2019t usually name accusers of sexual assault but the women spoke publicly about their experiences. Conforth did not respond to a message left by the on his website. Isabelle Brourman, who alleges Conforth repeatedly raped her over the course of four years, said students knew the only way to get off the waitlist for his class was to have a personal encounter with him. Brourman said she and Conforth met several times, during which he instilled fear in Brourman by saying he was in the Illuminati, a purported secret society, and threatening that there would be grave consequences if she did not sexually service him. In the summer of 2014, she said she was getting hourly emails from Conforth and encrypted email addresses from supposed members of the group threatening violence. \u201cHe managed to secure a world around me so that he was the only one could turn to,\u201d Brourman said was told that if spoke of what had read in these emails, that hell would be so sweet a punishment.\u201d Ex-Michigan students accuse professor of sexual misconduct Published 6:45 CST, January 31, 2022 Economic blackout Harsh flu season Live: Trump administration Gene Hackman found dead Trump tariffs 2/27/25, 7:02 Ex-Michigan students accuse professor of sexual misconduct News 1/4 The lawsuit filed Monday in Washtenaw County on behalf of eight women alleges years of sexual harassment and assault dating back to 2004. It also says that the university knew or should have known about the abuse and ignored it. The lawsuit seeks damages and names the university, its regents and Conforth as defendants. Conforth was a lecturer at the university from 2001 to 2017, when he admitted to allegations of sexual misconduct and was permitted to resign by the university as part of a collective bargaining agreement, university spokesman Rick Fitzgerald said. The lawsuit follows the university\u2019s recent announcement of a $490 million settlement with over 1,000 people who say the late doctor Robert Anderson sexually assaulted them over the course of his decadeslong career at the school. Mark Schlissel was removed earlier this month as university president after emails detailing an alleged inappropriate sexual relationship between him and a subordinate were discovered. Former student Katherine McMahan said on the Zoom call that in 2008 she warned the university about Conforth after he had pressured her to come home with him, grabbing her waist at a bar after a blues concert. She did not go home with him and filed a complaint with the university after she graduated. McMahan said the person handling her complaint said Conforth corroborated her accusations and the university was taking all the necessary steps to ensure it wouldn\u2019t happen again. \u201cBut Bruce was allowed to stay to keep teaching. So what happened to me must not have been that bad,\u201d McMahan said did what was supposed to do, what the university told me to do followed the rules and they didn\u2019t do anything.\u201d Brourman, who said her abuse came years after McMahan\u2019s report, said that if the university doesn\u2019t get serious about tackling the problem of sexual violence, it \u201cwill continue to rot from the inside out.\u201d ___ 2/27/25, 7:02 Ex-Michigan students accuse professor of sexual misconduct News 2/4 Anna Liz Nichols is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues 2/27/25, 7:02 Ex-Michigan students accuse professor of sexual misconduct News 3/4 Gene Hackman, found dead at 95, was one of Hollywood\u2019s most respected actors Influencer Tate brothers, who face human trafficking charges in Romania, arrive in the Trump administration says it\u2019s cutting 90% of foreign aid contracts The Trump administration sets the stage for large-scale federal worker layoffs in a new memo pauses billions in cuts lauded by Musk as lawmakers and veterans decry loss of critical care 1 2 3 4 5 2/27/25, 7:02 Ex-Michigan students accuse professor of sexual misconduct News 4/4"} |
7,243 | Michael Williams | Bishop State Community College | [
"7243_101.pdf",
"7243_102.pdf",
"7243_103.pdf",
"7243_104.pdf",
"7243_105.pdf"
] | {"7243_101.pdf": "v (2008) Court of Civil Appeals of Alabama v. Dr. Michael WILLIAMS. 2060926. Decided: September 26, 2008 David M. O'Brien and Jeffrey G. Miller of Sirote & Permutt, P.C., Mobile, for appellant. Gregory B. Stein of Stein, Brewster & Pilcher, L.L.C., Mobile; and Frederick L. Fohrell and Robert C. Lockwood of Wilmer & Lee, P.A., Huntsville, for appellee. Troy King, atty. gen., and Alice M. Maples, deputy atty. gen., Alabama Board of Nursing, for amicus curiae Alabama Board of Nursing, in support of the appellant. J. Cecil Gardner of The Gardner Firm, Mobile; and Sam Heldman of The Gardner Firm, Washington, D.C., for amicus curiae Alabama Education Association, in support of the appellee. Bishop State Community College (hereinafter referred to as \u201cBSCC\u201d or \u201cthe college\u201d) appeals a hearing officer's decision to reinstate Dr. Michael Williams to his position as a nursing instructor after the college terminated his employment pursuant to the Fair Dismissal Act (hereinafter referred to as \u201cthe FDA\u201d), \u00a7 36-26-100 et seq., Ala.Code 1975. We reverse the hearing officer's decision and remand the cause for further proceedings. Dr. Williams holds bachelor's, master's, and doctoral degrees in nursing science; he has been a licensed, registered nurse since 1985. In 1990, he was employed by as a full-time instructor of nursing, and, three years later, he achieved nonprobationary (tenured) status. He is the only holder of a doctorate and the only male member on the nursing faculty. Much of the factual background relevant to this appeal is contained in Alabama Board of Nursing v. Williams, 941 So.2d 990 (Ala.Civ.App.2005), and this opinion draws on that decision for the following summary of the facts. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:02 v (2008) | FindLaw 1/16 \u201c[B]eginning in 1991, a series of complaints were lodged against Williams to the effect that he had sexually harassed female students at the College. The College investigated two of those complaints, in 1992 and in 1995, but ultimately concluded that they lacked evidentiary support beyond the accusers' statements and determined that Williams should not be disciplined as to his employment third complaint, lodged in November 2000, was apparently not found to warrant discipline on the part of the College. \u201cIn 2001, the former husband of one of Williams's students filed complaints with the President of the College, with the Alabama Department of Postsecondary Education, and with the Board [of Nursing] arising from Williams's alleged amorous relationship with that student. Although the Department of Postsecondary Education concluded that Williams had not violated policies of the College or of the State Board of Education, the Board [of Nursing] undertook its own investigation of the sexual-harassment claims that had been brought against Williams. \u201cIn May 2002, the president of the College, after a hearing, indicated that Williams's employment would be terminated effective May 27, 2002, \u2018based upon [his] continued insubordination and ineffective instruction letter sent by the president to Williams cited, as a basis for his termination, his having failed to complete an administrative assignment that he had received from the president and alluded to \u2018several serious student complaints' appearing in his personnel file, \u2018including complaints of sexual harassment which are being investigated currently by the Alabama Board of Nursing.\u2019 Williams later sought review of his termination from employment before a three-person employee-review panel, which was permitted under Ala.Code 1975, \u00a7\u00a7 36-26-105 and 36-26-106, as they read in 2002 before the enactment of Act No. 2004-567, Ala. Acts 2004. The panel found that Williams had failed to complete an assignment as directed by the president of the College, had confronted a female coworker \u2018in a manner unbecoming to a faculty member,\u2019 and had arrived late to a mandatory meeting; however, exercising its prerogative to review Williams's punishment de novo, the panel determined that \u2018termination was not the proper punishment for th[o]se transgressions' and instead imposed an unpaid 42-day suspension. On certiorari review, the Mobile Circuit Court entered a judgment affirming that determination, and this court, in turn, affirmed that judgment. Bishop State Cmty. Coll. v. Williams (No. 2021213, June 11, 2004), 915 So.2d 1184 (Ala.Civ.App.) (table), cert. denied, (No. 1031488, August 13, 2004) 920 So.2d 1142 (Ala.2004) (table). \u201cOn July 11, 2003, the Board [of Nursing] issued a \u2018Statement of Charges and Notice of Hearing\u2019 in which the Board ordered Williams to appear and show cause why his license to practice professional nursing should not be revoked on the basis that \u2018[o]n multiple occasions from 1991 to 2001, [Williams] had engaged in inappropriate conduct of a sexual nature with students' at the College. According to the [Nursing] Board's statement and notice, Williams's conduct constituted grounds for disciplinary action under \u00a7 34-21-25, Ala.Code 1975, and under Board [of Nursing] regulations barring, among other things, the exhibition of inappropriate or unprofessional conduct or behavior in the workplace. After a hearing 2/27/25, 7:02 v (2008) | FindLaw 2/16 before a hearing officer had been held, the Board [of Nursing] entered an order [on November 21, 2003,] containing findings of facts and conclusions of law; in its order, the Board [of Nursing] determined that Williams's conduct warranted disciplinary action and imposed sanctions, including a 3-month suspension of his nursing license and a subsequent 24-month period of probationary licensure status. \u201cPursuant to \u00a7 41-22-20, Ala.Code 1975, Williams sought judicial review in the Montgomery Circuit Court of the [Nursing] Board's order. After the parties had filed written submissions in support of their respective positions, the circuit court entered a judgment reversing the [Nursing] Board's order as unlawful. The judgment did not cite any specific subdivision of \u00a7 41-22-20(k), Ala.Code 1975, which sets forth various grounds upon which an administrative agency's order may be reversed. However, the judgment plainly indicates the circuit court's agreement with Williams's argument that the [Nursing] Board's reliance upon the sexual-harassment charges lodged against Williams since 1991 was somehow violative of constitutional due-process guarantees; the judgment stated, in pertinent part, that \u2018[e]ven though [the] College and the [Board of Nursing] are separate entities, they are still both entities with the State of Alabama\u2019 and \u2018[t]he State of Alabama cannot have two bites at the apple.\u2019 \u201d 941 So.2d at 993-95. In Alabama Board of Nursing v. Williams, this court reversed the judgment of the Montgomery Circuit Court; we held that the Board's disciplinary order was supported by substantial evidence. The Alabama Supreme Court denied certiorari review on May 12, 2006; Dr. Williams's 90-day suspension began on that date, followed by 2 years' probation. Shortly after the summer 2006 term began, Dr. Williams informed Barbara Powe, BSCC's nursing- program director, that he \u201cwould not be able to work that particular semester because his license had been suspended after he lost an appeal with the Alabama Supreme Court.\u201d Powe verified this information by telephoning Genell Lee, executive director of the Board of Nursing. Lee confirmed the fact that, according to Board of Nursing regulations, Dr. Williams could not teach while his nursing license was \u201cencumbered,\u201d and, she said, the Board considers a license that is subject to suspension or probation to be encumbered. Lee explained that, if allowed Dr. Williams to teach with an encumbered license, it could lose its program approval and its graduates would not be able to sit for the national licensing examination. Powe testified that Dr. Williams left the campus sometime after May 12, 2006, and she did not see him again until the beginning of the fall 2006 term President, Dr. Yvonne Kennedy (hereinafter referred to as \u201cPresident Kennedy\u201d), testified that Dr. Williams normally taught classes during the summer term and that, when he did not show up to teach during the summer of 2006, she thought he had resigned his position as a nursing instructor as a consequence of the Nursing Board's disciplinary order. Accordingly, she said did not offer Dr. Williams a teaching contract for the academic year beginning with the fall 2006 term. In August 2006, however, Dr. Williams reported for duty for the fall 2/27/25, 7:02 v (2008) | FindLaw 3/16 term, and President Kennedy informed him that, based on what had been advised by the Board of Nursing, he was not permitted to teach while his license was in a probationary status. On September 13, 2006, Dr. Williams filed a direct appeal to the Chief Administrative Law Judge (\u201cALJ\u201d) in the Attorney General's Office of Administrative Hearings, pursuant to \u00a7 36-26-115, Ala.Code 1975, alleging that was attempting to terminate his employment without providing him with due process as required by the FDA. On October 30, 2006, the agreed and ordered to provide Dr. Williams with a hearing pursuant to \u00a7 36-26-104, Ala.Code 1975. On January 12, 2007, President Kennedy requested a declaratory ruling from the Board of Nursing as to the effect of the probationary status of Dr. Williams's license on his ability to teach in its nursing program. On January 19, 2007, the Board issued a formal ruling stating that, pursuant to Rule 610-X- 3-.02(5)(a), Ala. Admin. Code (Alabama Board of Nursing-Nursing Education Programs), the \u201c[m]inimum qualifications of nurse faculty shall include [a]n unencumbered Alabama registered nurse license\u201d and that \u201c[a] nurse whose license is on probation is deemed to have an encumbered license.\u201d An evidentiary hearing was held on March 29, 2007. At the hearing offered and the hearing officer admitted into evidence the transcript of Dr. Williams's hearing before the Nursing Board that had culminated in the Nursing Board's disciplinary order of November 21, 2003. On June 21, 2007, the hearing officer issued a 43-page order that (1) reinstated Dr. Williams to his tenured employment as a nursing instructor at BSCC; (2) declared the Nursing Board's November 21, 2003, disciplinary order \u201can absolute nullity\u201d; (3) admonished the Nursing Board \u201cfor its role and having prostituted itself in this matter\u201d; (4) ordered to pay Dr. Williams an attorney's fee and costs; (5) assessed punitive damages in the amount of $10,000 against BSCC; 1 (6) ordered that Dr. Williams's employment record be \u201cpurged of any and all matters at issue and discussed herein; most especially, his record is to be rendered clean with respect to any and all charges of sexual harassment, unfounded as they are\u201d; and (7) \u201cretain[ed] jurisdiction over the matter for purposes of clarification, interpretation and implementation of the award, and for any other purposes(s) as may be requested by the parties filed a timely notice of appeal to this court on July 13, 2007, enumerating special and important reasons for granting the appeal. On January 8, 2008, this court agreed to hear the appeal, and on July 22, 2008, the case was orally argued. Although raises 18 issues on appeal, our disposition of this case requires that we address only 2 issues, namely: (1) whether the hearing officer had the statutory authority or subject-matter jurisdiction to declare the November 21, 2003, disciplinary order of the Board of Nursing \u201can absolute nullity\u201d and (2) whether the evidence supported the hearing officer's finding that President Kennedy was motivated by personal reasons for terminating Dr. Williams's employment. Standard of Review 2/27/25, 7:02 v (2008) | FindLaw 4/16 Section 36-26-104(b), Ala.Code 1975, provides that \u201c[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article.\u201d Analysis I. In an case, the hearing officer's statutory authority-and thus his subject-matter jurisdiction, see Ex parte Alabama Bd. of Exam'rs in Counseling, 796 So.2d 355, 358 (Ala.2000)-is derived from two provisions of the FDA, \u00a7 36-26-102, Ala.Code 1975, and \u00a7 36-26-104(a), Ala.Code 1975. Section 36-26- 102 states the grounds for termination of employment; it provides that a nonprobationary (tenured) employee shall not be terminated \u201cexcept for failure to perform his or her duties in a satisfactory manner, incompetency, neglect of duty, insubordination, immorality, justifiable decrease in jobs in the system, or other good and just causes; provided, however, such termination of employment shall not be made for political or personal reasons on the part of any party recommending or voting to approve such termination.\u201d Depending upon a hearing officer's findings and conclusions with respect to whether an employer has stated and proved proper grounds for terminating an employee's employment, a hearing officer is then empowered by \u00a7 36-26-104(a) to \u201cdetermine which of the following actions should be taken relative to the employee: Termination of the employee, a suspension of the employee, with or without pay, a reprimand, other disciplinary action, or no action against the employee.\u201d Pursuant to \u00a7 36-26-102, the hearing officer in this case had the statutory authority to determine whether had stated and proved proper grounds for terminating Dr. Williams's employment. The college proposed to terminate Dr. Williams's employment based on the charge of \u201cfailure to perform \u2024 [his] duties in a satisfactory manner; neglect of duty, and/or other good and just causes,\u201d specifically, that Dr. Williams \u201clack[ed] the required qualification for the position of nursing instructor inasmuch as [his] \u2024 license is encumbered.\u201d Pursuant to that charge, the hearing officer was authorized to review the evidence to determine whether Dr. Williams did, in fact, possess the qualifications to be a nursing instructor. That inquiry permitted the hearing officer to decide the predicate question of the meaning of an \u201cencumbered\u201d nursing license and to determine whether the Nursing Board's interpretation-that a suspended or probationary license is an \u201cencumbered\u201d license-was reasonable. The hearing officer, however, did not decide those issues. Instead, he purported to readjudicate the disciplinary charges brought against Dr. Williams by the Board of Nursing in July 2003. The hearing officer read the transcript of the disciplinary proceedings before the Board of Nursing, reweighed the evidence that was 2/27/25, 7:02 v (2008) | FindLaw 5/16 before the Board, concluded that \u201cthe Board's findings [did] not comport with the evidence,\u201d and declared the Board's November 21, 2003, disciplinary order a \u201cnullity,\u201d thereby purporting to set aside not only the Nursing Board's order but also the judgment of this court, which had held that the Board's order was supported by substantial evidence, and that of the Alabama Supreme Court, which had denied the writ of certiorari.2 Dr. Williams argues that the college has waived any argument that it may have had as to the hearing officer's use of the transcript of the disciplinary proceedings before the Board of Nursing by requesting that the hearing officer admit the transcript in evidence. In this case, the hearing officer had no subject- matter jurisdiction to revisit the disciplinary order of the Board of Nursing or the judgment of the appellate court that affirmed that order. \u201cLack of subject matter jurisdiction may not be waived by the parties and it is the duty of an appellate court to consider lack of subject matter jurisdiction ex mero motu.\u201d Ex parte Smith, 438 So.2d 766, 768 (Ala.1983) (citing City of Huntsville v. Miller, 271 Ala. 687, 688, 127 So.2d 606, 608 (1958)). Neither \u00a7 36-26-102, nor \u00a7 36-26-104(a), nor any other provision of the gives the hearing officer the authority to set aside the decision of an entity that is not the employer of the affected employee. \u201c \u2018The rule which forbids the reopening of a matter once judicially determined by competent authority applies as well to the judicial and quasi-judicial acts of public, executive, or administrative officers and boards acting within their jurisdiction as to the judgments of courts having general judicial powers.\u2019 \u201d Limbaugh v. Board of Managers, City of Birmingham Ret. & Relief Sys., 628 So.2d 623, 624 (Ala.Civ.App.1993) (quoting Mahaffey v. Board of Managers, 515 So.2d 1261, 1262 (Ala.Civ.App.1987)). See also Ex parte Buffalo Rock Co., 941 So.2d 273, 278 (Ala.2006). \u201cJudicial records import absolute verity and are not subject to contradiction in collateral proceedings by extraneous evidence. \u201cThe same general rule pertains to a judgment rendered by an administrative tribunal invested with judicial power.\u201d Alabama Elec. Coop., Inc. v. Alabama Power Co., 251 Ala. 190, 197, 36 So.2d 523, 529-30 (1948) (citations omitted). \u201c[W]hen the law has vested a special board, commission or tribunal with authority to hear and determine matters arising in the course of its duties, its decisions on those matters are conclusive, and like the judgments of courts, cannot be collaterally attacked in another proceeding.\u201d City of Lubbock v. Corbin, 942 S.W.2d 14, 22 (Tex.App.1996). The decision of an administrative agency acting in a quasi- judicial capacity is not subject to collateral attack if the agency had jurisdiction over the parties and the 2/27/25, 7:02 v (2008) | FindLaw 6/16 subject matter. In re Applications T-851 and T-852, 268 Neb. 620, 686 N.W.2d 360 (2004); Bryant v. Arkansas Pub. Serv. Comm'n, 54 Ark.App. 157, 924 S.W.2d 472 (1996). Clearly, the Board of Nursing had subject-matter jurisdiction and personal jurisdiction over Dr. Williams in the disciplinary proceeding that culminated in the decision to suspend Dr. Williams's license for 90 days and to place him on probation for 24 months. See \u00a7 34-21-25(b), Ala.Code 1975 (authorizing the Board of Nursing to \u201cdeny, revoke, or suspend any license issued by it or to otherwise discipline a licensee upon proof that the licensee[ ] is guilty of \u2024 [conduct] that would tend to bring reproach upon the nursing profession\u201d). Cf. Ex parte Alabama Bd. of Exam'rs in Counseling, 796 So.2d at 358 (holding that the Board of Examiners had jurisdiction over a counselor because the counselor sought and the Board issued a license to the counselor). The hearing officer's order purporting to declare the Nursing Board's order suspending Dr. Williams and placing him on probation a nullity failed to follow applicable law. \u201c[T]he failure to follow the applicable law renders [a] hearing officer's decision arbitrary and capricious.\u201d Ex parte Wilson, 984 So.2d 1161, 1170 (Ala.2007). We therefore vacate that portion of the hearing officer's opinion declaring the Board's order a nullity. Because the hearing officer improperly focused on a matter that he had no statutory authority to address, he, not surprisingly, failed to address the pivotal issues in the case-whether Dr. Williams was qualified to remain a member of the nursing faculty at in light of the probationary status of his nursing license and, if not, the appropriate disciplinary action that should be taken against him has requested this court to find in its favor on those issues, but, as a court of review, we are not empowered by the to make such initial determinations. We are therefore forced to remand the case for the hearing officer to consider those issues unless we affirm the hearing officer's finding that terminated Williams for impermissible personal reasons. II. The hearing officer specifically found that BSCC's termination of Dr. Williams's employment \u201cappears to have been for personal reasons of President Kennedy under guise of office.\u201d The Alabama Supreme Court has explained that \u201cthe word \u2018personal\u2019 \u2024 denotes a personal bias, prejudice, or antipathy \u2024 toward the [employee]\u2024 Personal is in contrast with judicial; it characterizes an attitude of extrajudicial origin.\u201d Marshall County Bd. of Educ. v. State Tenure Comm'n, 291 Ala. 281, 286, 280 So.2d 130, 134 (1973) (construing \u201cpolitical and personal reasons\u201d language in the Teacher Tenure Act). The hearing officer based his \u201cpersonal-reasons\u201d finding on the following predicate facts and circumstances: (1) President Kennedy's previous attempt to terminate Dr. Williams's employment in May 2002 was unsuccessful and cost the college over $200,000 in backpay and benefits when Dr. Williams prevailed on appeal; (2) President Kennedy was \u201cthe driving force\u201d behind the charges brought by the 2/27/25, 7:02 v (2008) | FindLaw 7/16 Board of Nursing against Dr. Williams; (3) President Kennedy attempted to discharge Dr. Williams in September 2006 without affording him the procedural-due-process protections guaranteed by the and thereby required Dr. Williams to file a direct appeal to the for a hearing; and (4) President Kennedy was biased against Dr. Williams, as demonstrated by her failure to initiate termination proceedings against other employees when there were grounds to do so. Before we discuss each of the predicate facts and circumstances upon which the hearing officer relied for his finding that President Kennedy was motivated by personal reasons to discharge Dr. Williams, it must be said that a fair reading of the hearing officer's 43-page order in this case leaves no doubt that the hearing officer did not view the predicate facts and circumstances listed above as discrete and unconnected events in the procedural history of this case, but, instead, considered them as parts of one continuous proceeding during which President Kennedy made repeated attempts to remove Dr. Williams from the nursing faculty. In our judgment, the hearing officer's misapprehension that three separate and distinct administrative proceedings were, in actuality, all part of one continuous whole affected the validity of his findings of fact and conclusions of law. As to the first enumerated circumstance, the record reveals that President Kennedy first proposed to terminate Dr. Williams's employment in May 2002, based on the charge of \u201ccontinued insubordination and ineffective instruction \u2024 including complaints of sexual harassment which are being investigated currently by the Board of Nursing.\u201d An employee-review panel convened under the version of the that was in effect before the 2004 amendments concluded that dismissal was not warranted and determined that Dr. Williams should be suspended without pay for 42 days. The college appealed and lost in the circuit court, the Court of Civil Appeals, and the Alabama Supreme Court, finally being required to pay Dr. Williams a substantial sum in backpay and benefits. The record contains no evidence, however, indicating that, in seeking to terminate Dr. Williams's employment in 2002, President Kennedy was motivated by personal animosity towards Dr. Williams. In fact, the record reveals (and the hearing officer's own findings of fact recount) that, beginning in 1991, a number of sexual-harassment complaints were lodged against Dr. Williams-\u201cso many in fact, that his name was like a \u2018lightning rod.\u2019 \u201d Accordingly, it affirmatively appears from the record that President Kennedy was motivated by reasons that were professional, not personal-i.e., that she was seeking to discharge a faculty member whose alleged sexual misconduct presented a threat to students and reflected poorly on the college. As to the second circumstance, the record contains no evidence indicating that President Kennedy caused the Nursing Board to initiate an investigation of sexual-misconduct complaints against Dr. Williams. The hearing officer's findings of fact imply that the Nursing Board began its investigation when J.B., a former nursing student who had filed with the college a 1991 sexual-harassment complaint against Dr. Williams, was \u201cencouraged by President Kennedy\u201d to file a complaint with the Board. 2/27/25, 7:02 v (2008) | FindLaw 8/16 The record demonstrates that President Kennedy telephoned J.B. in 1997-four years before the Nursing Board began its investigation of the complaints against Dr. Williams-to say that the college \u201chad not forgotten\u201d her and was \u201cstill working on\u201d the subject of her complaint. In addition, the record affirmatively establishes that the Board's investigation was triggered by a complaint from K.S., the ex- husband of one of Dr. Williams's former nursing students, not a complaint from J.B. The hearing officer's findings of fact with respect to this issue imply the existence of a \u201cmaster plan\u201d by President Kennedy to remove Dr. Williams by any means: \u201cThat President Kennedy was the driving force in the [Nursing] Board's charge is suggested by the timing of events, by the perplexing role of [K.S.,] the ex-husband [of a nursing student], by the fact of Dr. Williams' reinstatement costing Bishop State over $200,000, by the fact that the [Nursing] Board somehow had access to the College's really old files, by the fact that Dr. Williams was the sole remaining tenured instructor in the Department of Nursing \u2024, and importantly, that in 1997, President Kennedy initiated a call to [J.B.] assuring her, \u2018We are still working on the case. We haven't forgotten it.\u2019 Working on it she was, and apparently she thought the Board of Nursing was her ace-in-the-hole.\u201d The hearing officer's \u201cmaster-plan\u201d theory highlights the problem with the hearing officer's misapprehension that three separate and distinct administrative proceedings were actually part of an integrated whole. Even if there had been evidence indicating that President Kennedy prodded the Nursing Board to initiate an investigation into the sexual-misconduct charges against Dr. Williams, such evidence would not, without more, have tended to show that President Kennedy was motivated by personal reasons to remove Dr. Williams from his position as a nursing instructor. On the contrary, such evidence would have tended to show that President Kennedy had legitimate concerns regarding the competence or morality of a faculty member who was the subject of numerous sexual-misconduct complaints. See \u00a7 36-26-102 (listing \u201cincompetency\u201d and \u201cimmorality\u201d as proper grounds for termination of a nonprobationary employee). As to the third circumstance-that President Kennedy's attempt to discharge Dr. Williams in September 2006 without affording him the procedural-due-process protections guaranteed by the FDA-the record indicates that President Kennedy did not offer Dr. Williams a teaching contract for the academic year beginning with the fall 2006 term because, when Dr. Williams did not arrive to teach in the summer of 2006, she (and other staff members) assumed that he had resigned his teaching position. That evidence indicates no personal bias or antipathy towards Dr. Williams. As to the fourth circumstance-that President Kennedy failed to initiate termination proceedings against other employees when there were grounds to do so-there was no evidence indicating that the other employees also had encumbered professional licenses or were the subjects of sexual-harassment complaints. Cf. Ex parte Wilson, 984 So.2d at 1172 (Lyons, J., concurring in part and concurring in the 2/27/25, 7:02 v (2008) | FindLaw 9/16 result) (stating that \u201cone relying on [the \u2018personal-or-political-reasons'] portion of the [Teacher Tenure] statute admits that she is guilty of some misfeasance but argues that she is being singled out while others guilty of the same misfeasance are not being charged, so that the adverse action against her is motivated by either personal or political reasons\u201d (emphasis added)). Although the record demonstrates that President Kennedy had a professional bias against Dr. Williams based on the statutory grounds of incompetency and immorality listed in \u00a7 36-26-102, the record contains no evidence indicating that President Kennedy had a personal \u201cbias, prejudice, or antipathy\u201d towards Dr. Williams. Marshall County Bd. of Educ., 291 Ala. at 286, 280 So.2d at 134. To the extent that the hearing officer found otherwise, he failed to follow the applicable law, and his order is, therefore, arbitrary and capricious. See Ex parte Wilson, 984 So.2d at 1173. Conclusion The hearing officer failed to follow applicable law in three respects-by addressing a matter that was beyond his authority, by neglecting matters that were within his authority and were determinative of the case, and by erroneously characterizing the reasons for Dr. Williams's dismissal as personal. We, therefore, conclude that the hearing officer's order was arbitrary and capricious. We reverse the hearing officer's decision and remand the cause to the original hearing officer. The hearing officer is specifically instructed to address and resolve the issues originally presented to him-whether the probationary status of Dr. Williams's nursing license disqualified Dr. Williams from acting as a nursing instructor and, if so, the appropriate disciplinary action that should be taken against Dr. Williams 1. Dr. Williams concedes that the hearing officer had no statutory authority with respect to the award of an attorney's fee, costs, and punitive damages. 2. Curiously, the hearing officer cited, in support of its conclusion that the evidence was insufficient to support the Nursing Board's order, the judgment of the Montgomery Circuit Court-a judgment that had been reversed by this court in Alabama Board of Nursing v. Williams, supra. The hearing officer acknowledged the reversal but erroneously stated that it was based on grounds other than evidentiary sufficiency. THOMAS, Judge. PITTMAN, BRYAN, and MOORE, JJ., concur. THOMPSON, P.J., concurs in the result, without writing. 2/27/25, 7:02 v (2008) | FindLaw 10/16 Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2008) Docket No: 2060926. Decided: September 26, 2008 Court: Court of Civil Appeals of Alabama. 2/27/25, 7:02 v (2008) | FindLaw 11/16 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:02 v (2008) | FindLaw 12/16 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/27/25, 7:02 v (2008) | FindLaw 13/16 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/27/25, 7:02 v (2008) | FindLaw 14/16 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 7:02 v (2008) | FindLaw 15/16 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:02 v (2008) | FindLaw 16/16", "7243_102.pdf": "Case Law ( Bishop State Community College v. Williams Decision Date 26 September 2008 Docket Number 2060926. Citation 4 So.3d 1152 Parties v. Dr. Michael WILLIAMS. Court Alabama Court of Civil Appeals Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 17 Cited in 8 Precedent Map Related 4 So.3d 1152 v. Dr. Michael WILLIAMS. 2060926. Court of Civil Appeals of Alabama. September 26, 2008. David M. O'Brien and Jeffrey G. Miller of Sirote & Permutt, P.C., Mobile, for appellant. Gregory B. Stein of Stein, Brewster & Pilcher, L.L.C., Mobile; and Frederick L. Fohrell and Robert C. Lockwood of Wilmer & Lee, P.A., Huntsville, for appellee. Troy King, atty. gen., and Alice M. Maples, deputy atty. gen., Alabama Board of Nursing, for amicus curiae Alabama Board of Nursing, in support of the appellant. J. Cecil Gardner of The Gardner Firm, Mobile; and Sam Heldman of The Gardner Firm, Washington, D.C., for amicus curiae Alabama Education Association, in support of the appellee. THOMAS, Judge. Bishop State Community College (hereinafter referred to as \"BSCC\" or \"the college\") appeals a hearing officer's decision to reinstate Dr. Michael Williams to his position as a nursing instructor after the college terminated his employment pursuant to the Fair Dismissal Act (hereinafter referred to as \"the FDA\"), \u00a7 36- 26-100 et seq. ( Ala.Code 1975. We reverse the hearing officer's decision and remand the cause for further proceedings uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Dr. Williams holds bachelor's, master's, and doctoral degrees in nursing science; he has been a licensed, registered nurse since 1985. In 1990, he was employed by as a full-time instructor of nursing, and, three years later, he achieved nonprobationary (tenured) status. He is the only holder of a doctorate and the only male member on the nursing faculty. Much of the factual background relevant to this appeal is contained in Alabama Board of Nursing v. Williams, 941 So.2d 990 (Ala. Civ.App.2005) ( law.vlex.com/vid/alabama-board-of-nursing-890374031), and this opinion draws on that decision for the following summary of the facts. \"[B]eginning in 1991, a series of complaints were lodged against Williams to the effect that he had sexually harassed female students at the College. The College investigated two of those complaints, in 1992 and in 1995, but ultimately concluded that they lacked evidentiary support beyond the accusers' statements and determined that Williams should not be disciplined as to his employment third complaint, lodged in November 2000, was apparently not found to warrant discipline on the part of the College. \"In 2001, the former husband of one of Williams's students filed complaints with the President of the College, with the Alabama Department of Postsecondary Education, and with the Board [of Nursing] arising from Williams's alleged amorous relationship with that student. Although the Department of Postsecondary Education concluded that Williams had not violated policies of the College or of the State Board of Education, the Board [of Nursing] undertook its own investigation of the sexual-harassment claims that had been brought against Williams. \"In May 2002, the president of the College, after a hearing, indicated that Williams's employment would be terminated effective May 27, 2002, `based upon [his] continued insubordination and ineffective instruction letter sent by the president to Williams cited, as a basis for his termination, his having failed to complete an administrative assignment that he had received from the president and alluded to `several serious student complaints' appearing in his personnel file, `including complaints of sexual harassment which are being investigated currently by the Alabama Board of Nursing.' Williams later sought review of his termination from employment before a three-person employee-review panel, which was permitted under Ala.Code 1975, \u00a7\u00a7 36-26-105 ( and 36-26-106 ( as they read in 2002 before the enactment of Act No. 2004-567, Ala. Acts 2004. The panel found that Williams had failed to complete an assignment as directed by the president of the College, had confronted a female coworker `in a manner unbecoming to a faculty member,' and had arrived late to a mandatory meeting; however, exercising its prerogative to review Williams's punishment de novo, the panel determined that `termination was not the proper punishment for th[o]se transgressions' and instead imposed an unpaid 42-day suspension. On certiorari review, the Mobile Circuit Court entered a judgment affirming that determination, and this court, in turn, affirmed that judgment. Bishop State Cmty. Coll. v. Williams (No. 2021213, June 11, 2004), 915 So.2d 1184 ( (Ala.Civ.App.) (table), cert. denied, (No. 1031488, August 13, 2004) 920 So.2d 1142 (Ala.2004) (table). \"On July 11, 2003, the Board [of Nursing] issued a `Statement of Charges and Notice of Hearing' in which the Board ordered Williams to appear and show cause why his license to practice professional nursing should not be revoked on the basis that `[o]n multiple occasions from 1991 to 2001, [Williams] had engaged in inappropriate conduct of a sexual nature with students' at the College. According to the [Nursing] Board's statement and notice, Williams's conduct constituted grounds for disciplinary action under \u00a7 34-21-25, Ala.Code 1975, and under Board [of Nursing] regulations barring, among other things, the exhibition of inappropriate or unprofessional conduct or behavior in the workplace. After a hearing before a hearing officer had been held, the Board [of Nursing] entered an order [on November 21, 2003,] containing findings of facts and conclusions of law; in its order, the Board [of Nursing] determined that Williams's conduct warranted disciplinary action and imposed sanctions, including a 3-month suspension of his nursing license and a subsequent 24-month period of probationary licensure status uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 \"Pursuant to \u00a7 41-22-20, Ala.Code 1975, Williams sought judicial review in the Montgomery Circuit Court of the [Nursing] Board's order. After the parties had filed written submissions in support of their respective positions, the circuit court entered a judgment reversing the [Nursing] Board's order as unlawful. The judgment did not cite any specific subdivision of \u00a7 41-22-20(k), Ala.Code 1975, which sets forth various grounds upon which an administrative agency's order may be reversed. However, the judgment plainly indicates the circuit court's agreement with Williams's argument that the [Nursing] Board's reliance upon the sexual-harassment charges lodged against Williams since 1991 was somehow violative of constitutional due-process guarantees; the judgment stated, in pertinent part, that `[e]ven though [the] College and the [Board of Nursing] are separate entities they are still both entities with the State of Alabama' and `[t]he State of Alabama cannot have two bites at the apple.'\" 941 So.2d at 993-95 ( In Alabama Board of Nursing v. Williams ( this court reversed the judgment of the Montgomery Circuit Court; we held that the Board's disciplinary order was supported by substantial evidence. The Alabama Supreme Court denied certiorari review on May 12, 2006; Dr. Williams's 90-day suspension began on that date, followed by 2 years' probation. Shortly after the summer 2006 term began, Dr. Williams informed Barbara Powe, BSCC's nursing- program director, that he \"would not be able to work that particular semester because his license had been suspended after he lost an appeal with the Alabama Supreme Court.\" Powe verified this information by telephoning Genell Lee, executive director of the Board of Nursing. Lee confirmed the fact that, according to Board of Nursing regulations, Dr. Williams could not teach while his nursing license was \"encumbered,\" and, she said, the Board considers a license that is subject to suspension or probation to be encumbered. Lee explained that, if allowed Dr. Williams to teach with an encumbered license, it could lose its program approval and its graduates would not be able to sit for the national licensing examination. Powe testified that Dr. Williams left the campus sometime after May 12, 2006, and she did not see him again until the beginning of the fall 2006 term President, Dr. Yvonne Kennedy (hereinafter referred to as \"President Kennedy\"), testified that Dr. Williams normally taught classes during the summer term and that, when he did not show up to teach during the summer of 2006, she thought he had resigned his position as a nursing instructor as a consequence of the Nursing Board's disciplinary order. Accordingly, she said did not offer Dr. Williams a teaching contract for the academic year beginning with the fall 2006 term. In August 2006, however, Dr. Williams reported for duty for the fall term, and President Kennedy informed him that, based on what had been advised by the Board of Nursing, he was not permitted to teach while his license was in a probationary status. On September 13, 2006, Dr. Williams filed a direct appeal to the Chief Administrative Law Judge (\"ALJ\") in the Attorney General's Office of Administrative Hearings, pursuant to \u00a7 36-26-115 ( Ala.Code 1975, alleging that was attempting to terminate his employment without providing him with due process as required by the FDA. On October 30, 2006, the agreed and ordered to provide Dr. Williams with a hearing pursuant to \u00a7 36-26- 104 ( Ala.Code 1975. On January 12, 2007, President Kennedy requested a declaratory ruling from the Board of Nursing as to the effect of the probationary status of Dr. Williams's license on his ability to teach in its nursing program. On January 19, 2007, the Board issued a formal ruling stating that, pursuant to Rule 610-X-3-.02(5)(a), Ala. Admin. Code (Alabama Board of Nursing-Nursing Education Programs), the \"[m]inimum qualifications of nurse faculty shall include [a]n unencumbered Alabama registered nurse license\" and that \"[a] nurse whose license is on probation is deemed to have an encumbered license.\" An evidentiary hearing was held on March 29, 2007. At the hearing offered and the hearing officer admitted into evidence the transcript of Dr. Williams's hearing before the Nursing Board that had culminated in the Nursing Board's uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 7 cases Search in 7 citing cases \uf014 Bd. of Sch. Comm'rs of Mobile Cnty. v. Christopher ( 884964584) United States Alabama Court of Civil Appeals May 18, 2012 ...affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious....\u201d \u2019 [Bishop State Cmty. Coll. v.] Williams, 4 So.3d [1152,] 1157 [ (Ala.Civ.App.2008) ] (quoting \u00a7 36\u201326\u2013104(b), Ala.Code 1975).\u201d Bishop State Cmty. Coll. v. Thomas, 13 So.3d 978, 986 (Ala.Ci...... Wilson v. Tarim (Ex parte Wash. Cnty. Students First) ( 885982160) United States Alabama Court of Civil Appeals June 5, 2020 ...sought, or stood to benefit from, that approval. This court spoke to the impropriety of such attacks in Bishop State Community College v. Williams, 4 So. 3d 1152 (Ala. Civ. App. 2008) :\" \u2018 \"The rule which forbids the reopening of a matter once judicially determined by competent authority ap...... Bishop State Community College v. Thomas ( college-890087646) United States Alabama Court of Civil Appeals November 21, 2008 ...whether the employer has \"stated and proved proper grounds for terminating an employee's employment.\" Bishop State Cmty. Coll. v. Williams, 4 So.3d 1152, 1157 (Ala.Civ.App.2008). If the hearing officer concludes that the employer has met its initial burden, the hearing officer shall then de...... Huntsville City Bd. of Educ. v. Sharp ( United States Alabama Court of Civil Appeals August 16, 2013 plan, which applied to certain nonprobationary support employees, including Sharp, was necessary. See Bishop State Cmty. Coll. v. Williams, 4 So.3d 1152, 1162 (Ala.Civ.App.2008) (instructing a hearing officer to address and resolve the issues originally presented to him without ordering...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7243_103.pdf": "( bannerid=16546&zoneid=19&sig=c6ea70bb6044186a38b118901a30a98a467996325f70d107518aa902884d41f6&oadest=https%3A%2F%2F %2520Drive%2520brand%2520loyalty) \ue902 Email This (mailto:? subject=Community%20College%20Instructor%20loses%20at%20Appeals%20Court%20in%20Alabama&body=Community%20College%20Instructor%20loses%2 \ue90a Subscribe to Newsletter (/subscribe/) Community College Instructor loses at Appeals Court in Alabama September 29, 2008 Mobile community college nursing instructor accused of sexual harassment lost one round Friday in his two-year legal battle to keep his job. The Alabama Court of Civil Appeals reversed a decision by a hearing officer, who had overturned Michael Williams\u2019 firing from Bishop State Comm Hard-to-place Markets? Find exactly what you need. Search our database of more than 700 companies and 22,000 market listings. Find Markets MyNewMarkets.com In the 5-0 ruling, the appeals court said Ed Bankston must hold another hearing because his order favoring Williams \u201cwas arbitrary and capricious Article ( (/) Featured Stories Investigating Multi-State Listeria Outbreak ( Sentry Saving Tens of Thousands of Hours with in Claims ( Mayor Removes Fire Chief in Fallout From Palisades Blaze ( Skip to content Videos/Podcasts ( Newsletters (/subscribe/) 2/27/25, 7:02 Community College Instructor loses at Appeals Court in Alabama 1/3 \ue902 Email This (mailto:? subject=Community%20College%20Instructor%20loses%20at%20Appeals%20Court%20in%20Alabama&body=Community%20College%20Instructor%20loses%2 \ue90a Subscribe to Newsletter (/subscribe/) The community college in Mobile fired Williams in 2006, saying he was unable to teach due to licensing problems. The state Board of Nursing had reviewed complaints that he sexually harassed students and suspended his license for three months, placing him Williams used the state\u2019s fair dismissal law for teachers to appeal his firing to a hearing officer. Bankston reversed the termination. He also ruled the nursing board action null, ordered the school to pay $10,000 in punitive damages to the inst The appeals court ruled Bankston went beyond his legal authority, including nullifying the nursing board\u2019s action and ordering punitive damages. Williams\u2019 attorneys did not immediately return phone calls seeking comment. Bishop State attorney David O\u2019Brien said he was pleased with the decision because the sole issue was the nursing board\u2019s decision that Williams The court ordered Bankston to look at whether Williams\u2019 probation status disqualified him as an instructor and, if so, what action should be taken a Williams, who has a doctorate in nursing, has been involved in legal battles over his job before. In 2002, the Bishop State president sought to fire Williams over student complaints about harassment and other issues, including insubordination. Court and the Court of Civil Appeals. When the nursing board took action against him, he appealed all the way to the Alabama Supreme Court, but lost. Copyright 2025 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Categories: Southeast News ( Have a news tip? Email us at [email protected] (mailto:[email protected]) Was this article valuable? Want to stay u Get the latest ins sent straight to Enter your email Skip to content 2/27/25, 7:02 Community College Instructor loses at Appeals Court in Alabama 2/3 \u00a9 2025 by Wells Media Group, Inc. Privacy Policy (/privacy/) | Terms & Conditions (/terms/) | Site Map (/sitemap/) More News See Today's Claims Industry News ( 2/27/25, 7:02 Community College Instructor loses at Appeals Court in Alabama 3/3", "7243_104.pdf": "v (2005) Court of Civil Appeals of Alabama v. Michael WILLIAMS. 2040082. Decided: November 18, 2005 Troy King, atty. gen., and Gilda Branch Williams, asst. atty. gen. and gen. counsel, Alabama Board of Nursing, for appellant. Gregory B. Stein of Stein, Brewster & Pilcher, L.L.C., Mobile; and William F. Patty of Beers, Anderson, Jackson, Hughes & Patty, PC, Montgomery, for appellee. The Alabama Board of Nursing (\u201cthe Board\u201d) appeals from a judgment of the Montgomery Circuit Court reversing an order of the Board that had suspended a license issued to Michael Williams to practice professional nursing and had imposed other disciplinary sanctions against Williams. We reverse the circuit court's judgment. The record reveals that Williams was first licensed by the Board as a professional nurse in 1985; since 1990, he has been principally employed as a nursing instructor at Bishop State Community College (\u201cthe College\u201d). However, beginning in 1991, a series of complaints were lodged against Williams to the effect that he had sexually harassed female students at the College. The College investigated two of those complaints, in 1992 and in 1995, but ultimately concluded that they lacked evidentiary support beyond the accusers' statements and determined that Williams should not be disciplined as to his employment third complaint, lodged in November 2000, was apparently not found to warrant discipline on the part of the College. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:02 v (2005) | FindLaw 1/13 In 2001, the former husband of one of Williams's students filed complaints with the president of the College, with the Alabama Department of Postsecondary Education, and with the Board arising from Williams's alleged amorous relationship with that student. Although the Department of Postsecondary Education concluded that Williams had not violated policies of the College or of the State Board of Education, the Board undertook its own investigation of the sexual-harassment claims that had been brought against Williams. In May 2002, the president of the College, after a hearing, indicated that Williams's employment would be terminated effective May 27, 2002, \u201cbased upon [his] continued insubordination and ineffective instruction letter sent by the president to Williams cited, as a basis for his termination, his having failed to complete an administrative assignment that he had received from the president and alluded to \u201cseveral serious student complaints\u201d appearing in his personnel file, \u201cincluding complaints of sexual harassment which are being investigated currently by the Alabama Board of Nursing.\u201d Williams later sought review of his termination from employment before a three-person employee-review panel, which was permitted under Ala.Code 1975, \u00a7\u00a7 36-26-105 and 36-26-106, as they read in 2002 before the enactment of Act No. 2004-567, Ala. Acts 2004. The panel found that Williams had failed to complete an assignment as directed by the president of the College, had confronted a female coworker \u201cin a manner unbecoming to a faculty member,\u201d and had arrived late to a mandatory meeting; however, exercising its prerogative to review Williams's punishment de novo, the panel determined that \u201ctermination was not the proper punishment for th[o]se transgressions\u201d and instead imposed an unpaid 42-day suspension. On certiorari review, the Mobile Circuit Court entered a judgment affirming that determination, and this court, in turn, affirmed that judgment. Bishop State Cmty. Coll. v. Williams (No. 2021213, June 11, 2004), 915 So.2d 1184 (Ala.Civ.App.) (table), cert. denied, (No. 1031488, August 13, 2004) 920 So.2d 1142 (Ala.2004) (table). On July 11, 2003, the Board issued a \u201cStatement of Charges and Notice of Hearing\u201d in which the Board ordered Williams to appear and show cause why his license to practice professional nursing should not be revoked on the basis that \u201c[o]n multiple occasions from 1991 to 2001, [Williams] had engaged in inappropriate conduct of a sexual nature with students\u201d at the College. According to the Board's statement and notice, Williams's conduct constituted grounds for disciplinary action under \u00a7 34-21-25, Ala.Code 1975, and under Board regulations barring, among other things, the exhibition of inappropriate or unprofessional conduct or behavior in the workplace. After a hearing before a hearing officer had been held, the Board entered an order containing findings of facts and conclusions of law; in its order, the Board determined that Williams's conduct warranted disciplinary action and imposed sanctions, including a 3-month suspension of his nursing license and a subsequent 24-month period of probationary licensure status. Pursuant to \u00a7 41-22-20, Ala.Code 1975, Williams sought judicial review in the Montgomery Circuit Court of the Board's order. After the parties had filed written submissions in support of their respective 2/27/25, 7:02 v (2005) | FindLaw 2/13 positions, the circuit court entered a judgment reversing the Board's order as unlawful. The judgment did not cite any specific subdivision of \u00a7 41-22-20(k), Ala.Code 1975, which sets forth various grounds upon which an administrative agency's order may be reversed. However, the judgment plainly indicates the circuit court's agreement with Williams's argument that the Board's reliance upon the sexual- harassment charges lodged against Williams since 1991 was somehow violative of constitutional due- process guarantees; the judgment stated, in pertinent part, that \u201c[e]ven though [the] College and the [Board] are separate entities, they are still both entities with the State of Alabama\u201d and \u201c[t]he State of Alabama cannot have two bites at the apple.\u201d Our standard of review mirrors that of the circuit court: \u201c \u2018Judicial review of an agency's administrative decision is limited to determining whether the decision is supported by substantial evidence, whether the agency's actions were reasonable, and whether its actions were within its statutory and constitutional powers. Judicial review is also limited by the presumption of correctness which attaches to a decision by an administrative agency.\u2019 \u201d Ex parte Alabama Bd. of Nursing, 835 So.2d 1010, 1012 (Ala.2001) (quoting Alabama Medicaid Agency v. Peoples, 549 So.2d 504, 506 (Ala.Civ.App.1989)). We first address two preliminary contentions asserted by the Board. The Board first asserts that Williams's arguments in the circuit court regarding remoteness in time and the preclusive effect of the actions of the College and the employee-review panel with respect to the various sexual-harassment allegations lodged against Williams were equivalent to the affirmative defenses of the doctrine of res judicata, collateral estoppel, or laches and that those defenses were not affirmatively pleaded before the Board. The Board further avers that \u00a7 41-22-13(1), Ala.Code 1975, which provides that, as a general matter, \u201c[t]he rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed\u201d in contested cases before administrative agencies, mandates application of the rules of civil procedure, such as Rule 8(c), Ala. R. Civ. P., which requires the assertion of affirmative defenses in an response to a preceding pleading. However, no Alabama statute requires proceedings before the Board to comply with the Alabama Rules of Civil Procedure, and we are thus left to apply the general proposition that strict rules of court procedure do not govern administrative proceedings. See, e.g., Simpson v. Van Ryzin, 289 Ala. 22, 30-31, 265 So.2d 569, 575-76 (1972); State ex rel. Steele v. Board of Educ. of Fairfield, 252 Ala. 254, 260, 40 So.2d 689, 695 (1949). We thus cannot conclude that Williams's failure to \u201cplead\u201d the doctrine of res judicata, collateral estoppel, or laches during the administrative proceedings amounts to a waiver of those claimed defenses where, as here, they were adequately raised in the form of objections to evidence offered by the Board in the administrative hearing. The Board also contends that the circuit court's judgment fails to comply with \u00a7 41-22-20(k), Ala.Code 1975, in that, the Board says, that court reversed the Board's order \u201con grounds other than those 2/27/25, 7:02 v (2005) | FindLaw 3/13 authorized by statute.\u201d We disagree. As we have noted, the circuit court appears to have concluded that the Board's actions deprived Williams of his nursing license without due process of law, which, if true, would amount at the least to a violation of state and federal constitutional provisions that guarantee due process. Reversal of an administrative order on that ground would be consistent with subsection (1) of \u00a7 41-22-20(k). However, we reach a different conclusion than the circuit court with respect to the principal question raised by the Board's appeal: whether the Board was prevented, either by the results of the previous investigations and hearings by the College involving the sexual-harassment allegations made against Williams or by the passage of time, from disciplining Williams on the basis of the conduct evidenced by those allegations and by the testimony at the hearing tending to establish the truth thereof. Regardless of whether the circuit court's due-process holding is based upon Williams's prior-adjudication argument, upon his remoteness argument, or upon both arguments, neither amounts to a legally sufficient basis to disturb the Board's order. We first consider the soundness of the circuit court's \u201ctwo bites at the apple\u201d reasoning. It is well settled that the doctrine of res judicata-a term which encompasses within its scope both claim preclusion and issue preclusion (see Marshall County Concerned Citizens v. City of Guntersville, 598 So.2d 1331, 1332 (Ala.1992))-may properly be said to apply to a previous agency decision \u201conly when that decision is made after a trial-type hearing, i.e., \u2018when what the agency does resembles what a trial court does.\u2019 \u201d Kid's Stuff Learning Ctr., Inc. v. State Dep't of Human Res., 660 So.2d 613, 617 (Ala.Civ.App.1995) (quoting K. Davis & R. Pierce, Jr., Administrative Law Treatise \u00a7 13.3 at 250 (3d ed.1994)); accord, Restatement (Second) of Judgments \u00a7 83(2) (1982) (administrative adjudication is conclusive \u201conly insofar as the proceeding resulting in the determination entailed the essential elements of adjudication,\u201d such as notice and the right to present and rebut evidence). As we have noted, four separate sexual-harassment complaints were made to the College: one in 1991-92 by complainant J.B. regarding conduct allegedly occurring in 1991, one in 1994 by complainant C.S. regarding conduct allegedly occurring in 1994, one in 2000 by complainant V.P. regarding conduct allegedly occurring in 1999 and 2000, and one in 2001 by complainant K.S. regarding conduct allegedly occurring in 2000 directed toward K.S.'s then-wife, S.S. However, a \u201ctrial-type\u201d proceeding did not ensue in response to any one of those complaints; at the most, investigative inquiries and determinations were made in each case by College personnel (and, in K.S.'s case, by the Department of Postsecondary Education). As to those complaints, then, there has not been shown any adjudication that would warrant the application of claim or issue preclusion principles under Kid's Stuff. However, the record also reflects that the president of the College, in her letter explaining the rationale for terminating Williams's employment, cited the existence of previous sexual-harassment complaints against Williams. The employee-review panel considering Williams's appeal from the termination did hold a trial-type hearing, and the judgment entered on certiorari review by the Mobile Circuit Court 2/27/25, 7:02 v (2005) | FindLaw 4/13 indicates that substantial evidence supported the panel's decision; specifically, the reviewing court noted that \u201cthere was substantial evidence to rebut the charges of sexual harassment made against\u201d Williams. It is thus arguable, then, that the decision of the employee-review panel, which was affirmed on certiorari review and on further appeal, does constitute a decision as to which claim or issue preclusion may potentially apply, and we will so assume. However, to the extent that the circuit court's judgment is based upon claim or issue preclusion arising from the employee-review panel's decision, we must conclude that it is erroneous. It is well settled that for claim preclusion or issue preclusion to arise, there must be, at a minimum, substantial identity of the parties to the former adjudication. See generally Stewart v. Brinley, 902 So.2d 1, 9 (Ala.2004). Contrary to the intimation of the circuit court, the Board is not \u201csubstantially identical\u201d to the College, even though both are instrumentalities of the State of Alabama. The Board is a governmental agency organized in order to regulate the practice of professional nursing by persons throughout the state, whereas the College is an institution of higher learning established to educate students in various academic fields. The State's undertaking of disciplinary action against Williams in such different capacities does not give rise to claim or issue preclusion in that \u201c[a] party appearing in an action in one capacity, individual or representative, is not thereby bound by or entitled to the benefits of the rules of res judicata in a subsequent action in which he appears in another capacity.\u201d Restatement (Second) of Judgments \u00a7 36(2) (1982). Comment f to that section of the Restatement is particularly instructive here: \u201cIn some circumstances, a prior determination that is binding on one agency and its officials may not be binding on another agency and its officials. The problem is analogous to that in determining the capacity in which the underlying transactions were conducted where private parties are concerned. If the second action involves an agency or official whose functions and responsibilities are so distinct from those of the agency or official in the first action that applying preclusion would interfere with the proper allocation of authority between them, the earlier judgment should not be given preclusive effect in the second action.\u201d Restatement (Second) of Judgments \u00a7 36 comment f (emphasis added). The conclusion we draw here is by no means unique in American jurisprudence. In Newberry v. Florida Department of Law Enforcement, Criminal Justice Standards & Training Commission, 585 So.2d 500 (Fla.Dist.Ct.App.1991), a law-enforcement officer who was required to be certified by a state agency as a condition of her employment with a county school board was terminated from her employment by the school board. Although the officer's employment was later reinstated by a hearing officer, the facts giving rise to the termination action were reported to the state agency, which undertook proceedings to revoke the officer's law-enforcement certification. The appellate court agreed with the state agency that neither claim preclusion nor issue preclusion barred the agency from revoking the officer's law- 2/27/25, 7:02 v (2005) | FindLaw 5/13 enforcement certification, holding that \u201c \u2018the doctrines of res judicata or estoppel by judgment are not applicable under the facts of the case where two separate and distinct governmental units independently considered similar factual allegation[s] but for different purposes.\u2019 \u201d 585 So.2d at 501 (quoting Todd v. Carroll, 347 So.2d 618, 619 (Fla.Dist.Ct.App.1977)); accord, Lusardi Constr. Co. v. Aubry, 1 Cal.4th 976, 995, 824 P.2d 643, 655, 4 Cal.Rptr.2d 837, 849 (1992) (\u201cThe acts of one public agency will bind another public agency only when there is privity, or an identity of interests between the agencies.\u201d), and Lamborn v. Workmen's Compensation Appeal Bd., 656 A.2d 593, 596 (Pa.Commw.Ct.1995) (\u201cfor collateral estoppel to apply between administrative agencies, there must be a showing that the policies and goals underlying the matter at issue are the same in both proceedings\u201d). Having concluded that the Board is not bound by the acts of the employee-review panel or by the administrative investigations undertaken on the part of the College or the Department of Postsecondary Education, we next consider whether the circuit court's judgment was correct because of the lapse of time between the first accusation made against Williams and the Board's institution of proceedings. There is no applicable statute placing a time limitation upon Board disciplinary proceedings, and \u201c[i]n the absence of specific legislative authority, civil or criminal statutes of limitation are inapplicable to administrative proceedings.\u201d Chafian v. Alabama Bd. of Chiropractic Exam'rs, 647 So.2d 759, 762 (Ala.Civ.App.1994). Under Chafian, \u201c[w]here there is no statutory time limitation applicable to the administrative proceeding, the issue of whether the action should be barred by time depends on the question of laches\u201d; however, \u201c[t]he party asserting laches bears the burden of proving that the delay was unreasonable and that prejudice resulted from the delay.\u201d Id. Williams has made no showing that he has been prejudiced by the Board's institution of disciplinary proceedings based upon such traditional elements of prejudice as \u201cunavailability of witnesses, changed personnel, and the loss of pertinent records\u201d (see Ex parte Grubbs, 542 So.2d 927, 929 (Ala.1989)); indeed, Williams testified at some length before the Board concerning many of the sexual-harassment allegations that had been lodged against him and presented testimony of several witnesses, both instructors and former students, that was generally favorable to him. We thus cannot affirm the circuit court's judgment to the extent that it is based upon remoteness. Further, we reject Williams's contention that the circuit court's judgment of reversal is due to be affirmed because, he says, the Board's order is not supported by substantial evidence. To the contrary, a review of the evidence adduced during the Board hearing reveals that substantial evidence was adduced that Williams had engaged in inappropriate or unprofessional conduct. For example, J.B., the former student at the College who reported having been sexually harassed by Williams in 1991, testified at the Board hearing that she had taken courses from Williams in Medical Surgical Nursing and Critical Care Nursing during that year. According to J.B.'s testimony, during a visit by Williams to her mother's home that was ostensibly for the purpose of providing academic assistance, Williams told J.B. that \u201cif he did something for [her], [she] would have to do something for him\u201d; he then made an attempt to kiss J.B., which she rebuffed by turning her head. J.B. also testified that on another occasion, when she had 2/27/25, 7:02 v (2005) | FindLaw 6/13 asked Williams how he could help her raise her grade in the course she was taking from him during that academic term, he had responded by writing the word \u201cintimacy\u201d on a piece of paper and had given it to J.B., a proposition J.B. refused. The record further reveals that during Williams's testimony on direct examination during the Board hearing, the termination letter sent to Williams by the president of the College was admitted into evidence. Because that letter described Williams's personnel file as containing \u201ca number of\u201d student complaints, counsel for the Board asked Williams whether he had been investigated on other occasions regarding student complaints of a sexual nature, at which time Williams admitted that in addition to J.B., two other students, V.P. and C.S., had made such complaints. The complaint letters from V.P. and C.S. were then admitted into evidence despite hearsay objections.1 To be sure, Williams disputed the veracity of J.B., V.P., and C.S., and adduced testimony from other students and from College personnel tending to prove that he would not have sexually harassed students. However, our review, just like that of the circuit court, is limited to ascertaining whether the Board's order is supported by \u201csubstantial evidence,\u201d i.e., \u201cevidence of such weight and quality that fair- minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.\u201d West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); accord, Ex parte Williamson, 907 So.2d 407, 414-15 (Ala.2004) (applying West definition in administrative setting). In no event is a reviewing court \u201cauthorized to reweigh the evidence or to substitute its decisions as to the weight and credibility of the evidence for those of the agency.\u201d Ex parte Williamson, 907 So.2d at 416-17. We conclude that the Board's order disciplining Williams is supported by substantial evidence. Williams also seeks affirmance of the circuit court's judgment on the basis that the Board's order, he says, improperly referred to the finding, contained in the determination of the employee-review panel that overturned the termination of Williams's employment, that Williams had confronted a female coworker \u201cin a manner unbecoming to a faculty member.\u201d Williams contends that the Board's reference to that finding demonstrates that the Board \u201cimproperly relied upon a matter beyond the scope of the charges\u201d set forth in the \u201cStatement of Charges and Notice of Hearing.\u201d While the Board's statement of charges did not refer to that finding, evidence of that finding, in the form of the review panel's order itself, was submitted by Williams himself during the Board's hearing, and no conditions were placed upon its offer or acceptance into the evidentiary record. It is well settled that \u201c \u2018[a] party may not predicate an argument for reversal on \u201cinvited error,\u201d that is, \u201cerror into which he has led or lulled\u201d \u2019 \u201d the pertinent adjudicative body. Wood v. State Pers. Bd., 705 So.2d 413, 422 (Ala.Civ.App.1997) (quoting Atkins v. Lee, 603 So.2d 937, 945 (Ala.1992), quoting in turn Dixie Highway Express, Inc. v. Southern Ry., 286 Ala. 646, 651, 244 So.2d 591, 595 (1971)). Williams, having introduced the employee-review panel's determination into evidence for the Board to consider, cannot now be heard to complain that the Board did consider that evidence in rendering its disciplinary order. 2/27/25, 7:02 v (2005) | FindLaw 7/13 Having determined that the Board's order was properly entered, we reverse the circuit court's judgment, and we remand the cause for that court to enter a judgment affirming the Board's order 1. Administrative agencies, such as the Board, \u201care not restricted to a consideration of evidence which would be legal in a court of law and may consider evidence of probative force even though it may be hearsay or otherwise illegal.\u201d Estes v. Board of Funeral Serv., 409 So.2d 803, 804 (Ala.1982); see also Ala.Code 1975, \u00a7 41-22-13(1) (allowing admission in administrative hearings of evidence \u201cof a type commonly relied upon by reasonably prudent persons in the conduct of their affairs,\u201d even if such evidence would be inadmissible in judicial proceedings). PITTMAN, Judge. CRAWLEY, P.J., and THOMPSON, J., concur and BRYAN, JJ., concur in the result, without writing. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/27/25, 7:02 v (2005) | FindLaw 8/13 Go to Learn About the Law v (2005) Docket No: 2040082. Decided: November 18, 2005 Court: Court of Civil Appeals of Alabama. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:02 v (2005) | FindLaw 9/13 \uf105Law Students Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Get email updates from FindLaw Legal Professionals 2/27/25, 7:02 v (2005) | FindLaw 10/13 Enter your email address to subscribe * Indicates required field Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 Email * \uf105 2/27/25, 7:02 v (2005) | FindLaw 11/13 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 7:02 v (2005) | FindLaw 12/13 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:02 v (2005) | FindLaw 13/13", "7243_105.pdf": "From Casetext: Smarter Legal Research Board of Nursing v. Williams Court of Civil Appeals of Alabama May 12, 2006 941 So. 2d 990 (Ala. Civ. App. 2006) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 2040082. November 18, 2005. As Modified on Denial of Rehearing March 24, 2006. Certiorari Denied May 12, 2006 Alabama Supreme Court 1050942. *991 991 Appeal from the Montgomery Circuit Court, No. CV-03-3315, Tracy S. McCooey, J. *992 992 Troy King, atty. gen., and Gilda Branch Williams, asst. atty. gen. and gen. counsel, Alabama Board of Nursing, for appellant. Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 1/12 PITTMAN, Judge. Gregory B. Stein of Stein, Brewster Pilcher, L.L.C., Mobile; and William F. Patty of Beers, Anderson, Jackson, Hughes Patty, PC, Montgomery, for appellee. *993 993 The Alabama Board of Nursing (\"the Board\") appeals from a judgment of the Montgomery Circuit Court reversing an order of the Board that had suspended a license issued to Michael Williams to practice professional nursing and had imposed other disciplinary sanctions against Williams. We reverse the circuit court's judgment. The record reveals that Williams was first licensed by the Board as a professional nurse in 1985; since 1990, he has been principally employed as a nursing instructor at Bishop State Community College (\"the College\"). However, beginning in 1991, a series of complaints were lodged against Williams to the effect that he had sexually harassed female students at the College. The College investigated two of those complaints, in 1992 and in 1995, but ultimately concluded that they lacked evidentiary support beyond the accusers' statements and determined that Williams should not be disciplined as to his employment third complaint, lodged in November 2000, was apparently not found to warrant discipline on the part of the College. In 2001, the former husband of one of Williams's students filed complaints with the president of the College, with the Alabama Department of Postsecondary Education, and with the Board arising from Williams's alleged amorous relationship with that student. Although the Department *994 of Postsecondary Education concluded that Williams had not violated policies of the College or of the State Board of Education, the Board undertook its own investigation of the sexual-harassment claims that had been brought against Williams. 994 In May 2002, the president of the College, after a hearing, indicated that Williams's employment would be terminated effective May 27, 2002, \"based 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 2/12 upon [his] continued insubordination and ineffective instruction letter sent by the president to Williams cited, as a basis for his termination, his having failed to complete an administrative assignment that he had received from the president and alluded to \"several serious student complaints\" appearing in his personnel file, \"including complaints of sexual harassment which are being investigated currently by the Alabama Board of Nursing.\" Williams later sought review of his termination from employment before a three-person employee-review panel, which was permitted under Ala. Code 1975, \u00a7\u00a7 36-26-105 and 36-26-106, as they read in 2002 before the enactment of Act No. 2004-567, Ala. Acts 2004. The panel found that Williams had failed to complete an assignment as directed by the president of the College, had confronted a female coworker \"in a manner unbecoming to a faculty member,\" and had arrived late to a mandatory meeting; however, exercising its prerogative to review Williams's punishment de novo, the panel determined that \"termination was not the proper punishment for th[o]se transgressions\" and instead imposed an unpaid 42-day suspension. On certiorari review, the Mobile Circuit Court entered a judgment affirming that determination, and this court, in turn, affirmed that judgment. Bishop State Cmty. Coll. v. Williams (No. 2021213, June 11, 2004), 915 So.2d 1184 (Ala.Civ.App.) (table), cert, denied, (No. 1031488, August 13, 2004) 920 So.2d 1142 (Ala. 2004) (table). On July 11, 2003, the Board issued a \"Statement of Charges and Notice of Hearing\" in which the Board ordered Williams to appear and show cause why his license to practice professional nursing should not be revoked on the basis that \"[o]n multiple occasions from 1991 to 2001, [Williams] had engaged in inappropriate conduct of a sexual nature with students\" at the College. According to the Board's statement and notice, Williams's conduct constituted grounds for disciplinary action under \u00a7 34-21-25, Ala. Code 1975, and under Board regulations barring, among other things, the exhibition of inappropriate or unprofessional conduct or behavior in the work-place. After a hearing before a hearing officer had been held, the Board entered an order containing findings of facts and conclusions of law; in its order, the Board determined that Williams's conduct warranted disciplinary action and imposed sanctions, including a 3-month suspension of his nursing license and a subsequent 24-month period of probationary licensure status. 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 3/12 Pursuant to \u00a7 41-22-20, Ala. Code 1975, Williams sought judicial review in the Montgomery Circuit Court of the Board's order. After the parties had filed written submissions in support of their respective positions, the circuit court entered a judgment reversing the Board's order as unlawful. The judgment did not cite any specific subdivision of \u00a7 41-22-20(k), Ala. Code 1975, which sets forth various grounds upon which an administrative agency's order may be reversed. However, the judgment plainly indicates the circuit court's agreement with Williams's argument that the Board's reliance upon the sexual-harassment charges lodged against Williams since 1991 was somehow violative *995 of constitutional due-process guarantees; the judgment stated, in pertinent part, that \"[e]ven though [the] College and the [Board] are separate entities, they are still both entities with the State of Alabama\" and \"[t]he State of Alabama cannot have two bites at the apple.\" 995 Our standard of review mirrors that of the circuit court: \"`Judicial review of an agency's administrative decision is limited to determining whether the decision is supported by substantial evidence, whether the agency's actions were reasonable, and whether its actions were within its statutory and constitutional powers. Judicial review is also limited by the presumption of correctness which attaches to a decision by an administrative agency.\"' Ex parte Alabama Bd. of Nursing, 835 So.2d 1010, 1012 (Ala. 2001) (quoting Alabama Medicaid Agency v. Peoples, 549 So.2d 504, 506 (Ala.CivApp. 1989)). We first address two preliminary contentions asserted by the Board. The Board first asserts that Williams's arguments in the circuit court regarding remoteness in time and the preclusive effect of the actions of the College and the employee-review panel with respect to the various sexual- harassment allegations lodged against Williams were equivalent to the affirmative defenses of the doctrine of res judicata, collateral estoppel, or laches and that those defenses were not affirmatively pleaded before the Board. The Board further avers that \u00a7 41-22-13(1), Ala. Code 1975, which provides that, as a general matter, \"[t]he rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed\" in 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 4/12 contested cases before administrative agencies, mandates application of the rules of civil procedure, such as Rule 8(c), Ala. R. Civ. P., which requires the assertion of affirmative defenses in an response to a preceding pleading. However, no Alabama statute requires proceedings before the Board to comply with the Alabama Rules of Civil Procedure, and we are thus left to apply the general proposition that strict rules of court procedure do not govern administrative proceedings. See, e.g., Simpson v. Van Ryzin, 289 Ala. 22, 30-31, 265 So.2d 569, 575-76 (1972); State ex rel. Steele v. Board of Educ. of Fairfield, 252 Ala. 254, 260, 40 So.2d 689, 695 (1949). We thus cannot conclude that Williams's failure to \"plead\" the doctrine of res judicata, collateral estoppel, or laches during the administrative proceedings amounts to a waiver of those claimed defenses where, as here, they were adequately raised in the form of objections to evidence offered by the Board in the administrative hearing. The Board also contends that the circuit court's judgment fails to comply with \u00a7 41-22-20(k), Ala. Code 1975, in that, the Board says, that court reversed the Board's order \"on grounds other than those authorized by statute.\" We disagree. As we have noted, the circuit court appears to have concluded that the Board's actions deprived Williams of his nursing license without due process of law, which, if true, would amount at the least to a violation of state and federal constitutional provisions that guarantee due process. Reversal of an administrative order on that ground would be consistent with subsection (1) of \u00a7 41-22-20(k). However, we reach a different conclusion than the circuit court with respect to the principal question raised by the Board's appeal: whether the Board was prevented, either by the results of the previous investigations and hearings by the College involving the sexual-harassment allegations made against Williams or by the passage of time, from disciplining *996 Williams on the basis of the conduct evidenced by those allegations and by the testimony at the hearing tending to establish the truth thereof. Regardless of whether the circuit court's due-process holding is based upon Williams's prior-adjudication argument, upon his remoteness argument, or upon both arguments, neither amounts to a legally sufficient basis to disturb the Board's order. 996 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 5/12 We first consider the soundness of the circuit court's \"two bites at the apple\" reasoning. It is well settled that the doctrine of res judicata \u2014 a term which encompasses within its scope both claim preclusion and issue preclusion ( see Marshall County Concerned Citizens v. City of Guntersville, 598 So.2d 1331, 1332 (Ala. 1992)) \u2014 may properly be said to apply to a previous agency decision \"only when that decision is made after a trial-type hearing, i.e., `when what the agency does resembles what a trial court does.'\" Kid's Stuff Learning Ctr., Inc. v. State Dep't of Human Res., 660 So.2d 613, 617 (Ala.Civ.App. 1995) (quoting K. Davis R. Pierce, Jr., Administrative Law Treatise \u00a7 13.3 at 250 (3d ed.1994)); accord, Restatement (Second) of Judgments \u00a7 83(2) (1982) (administrative adjudication is conclusive \"only insofar as the proceeding resulting in the determination entailed the essential elements of adjudication,\" such as notice and the right to present and rebut evidence). As we have noted, four separate sexual-harassment complaints were made to the College: one in 1991-92 by complainant J.B. regarding conduct allegedly occurring in 1991, one in 1994 by complainant C.S. regarding conduct allegedly occurring in 1994, one in 2000 by complainant V.P. regarding conduct allegedly occurring in 1999 and 2000, and one in 2001 by complainant K.S. regarding conduct allegedly occurring in 2000 directed toward K.S.'s then-wife, S.S. However, a \"trial-type\" proceeding did not ensue in response to any one of those complaints; at the most, investigative inquiries and determinations were made in each case by College personnel (and, in K.S.'s case, by the Department of Postsecondary Education). As to those complaints, then, there has not been shown any adjudication that would warrant the application of claim or issue preclusion principles under Kid's Stuff. However, the record also reflects that the president of the College, in her letter explaining the rationale for terminating Williams's employment, cited the existence of previous sexual-harassment complaints against Williams. The employee-review panel considering Williams's appeal from the termination did hold a trial-type hearing, and the judgment entered on certiorari review by the Mobile Circuit Court indicates that substantial evidence supported the panel's decision; specifically, the reviewing court noted that \"there was substantial evidence to rebut the charges of sexual harassment made against\" Williams. It is thus arguable, then, that the 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 6/12 decision of the employee-review panel, which was affirmed on certiorari review and on further appeal, does constitute a decision as to which claim or issue preclusion may potentially apply, and we will so assume. However, to the extent that the circuit court's judgment is based upon claim or issue preclusion arising from the employee-review panel's decision, we must conclude that it is erroneous. It is well settled that for claim preclusion or issue preclusion to arise, there must be, at a minimum, substantial identity of the parties to the former adjudication. See generally Stewart v. Brinley, 902 So.2d 1, 9 (Ala. 2004). Contrary to the intimation of the circuit court, the Board is not \"substantially identical\" to the College, even though *997 both are instrumentalities of the State of Alabama. The Board is a governmental agency organized in order to regulate the practice of professional nursing by persons throughout the state, whereas the College is an institution of higher learning established to educate students in various academic fields. The State's undertaking of disciplinary action against Williams in such different capacities does not give rise to claim or issue preclusion in that \"[a] party appearing in an action in one capacity, individual or representative, is not thereby bound by or entitled to the benefits of the rules of res judicata in a subsequent action in which he appears in another capacity.\" Restatement (Second) of Judgments \u00a7 36(2) (1982). Comment f to that section of the Restatement is particularly instructive here: 997 \"In some circumstances, a prior determination that is binding on one agency and its officials may not be binding on another agency and its officials. The problem is analogous to that in determining the capacity in which the underlying transactions were conducted where private parties are concerned. If the second action involves an agency or official whose functions and responsibilities are so distinct from those of the agency or official in the first action that applying preclusion would interfere with the proper allocation of authority between them, the earlier judgment should not be given preclusive effect in the second action.\" Restatement (Second) of Judgments \u00a7 36 comment f (emphasis added). 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 7/12 The conclusion we draw here is by no means unique in American jurisprudence. In Newberry v. Florida Department of Law Enforcement, Criminal Justice Standards Training Commission, 585 So.2d 500 (Fla.Dist.Ct.App. 1991), a law-enforcement officer who was required to be certified by a state agency as a condition of her employment with a county school board was terminated from her employment by the school board. Although the officer's employment was later reinstated by a hearing officer, the facts giving rise to the termination action were reported to the state agency, which undertook proceedings to revoke the officer's law- enforcement certification. The appellate court agreed with the state agency that neither claim preclusion nor issue preclusion barred the agency from revoking the officer's law-enforcement certification, holding that \"`the doctrines of res judicata or estoppel by judgment are not applicable under the facts of the case where two separate and distinct governmental units independently considered similar factual allegations] but for different purposes.'\" 585 So.2d at 501 (quoting Todd v. Carroll, 347 So.2d 618, 619 (Fla.Dist.Ct.App. 1977)); accord, Lusardi Constr. Co. v. Aubry, 1 Cal.4th 976, 995, 824 P.2d 643, 655, 4 Cal.Rptr.2d 837, 849 (1992) (\"The acts of one public agency will bind another public agency only when there is privity, or an identity of interests between the agencies.\"), and Lamborn v. Workmen's Compensation Appeal Bd., 656 A.2d 593, 596 (Pa.Commw.Ct. 1995) (\"for collateral estoppel to apply between administrative agencies, there must be a showing that the policies and goals underlying the matter at issue are the same in both proceedings\"). Having concluded that the Board is not bound by the acts of the employee- review panel or by the administrative investigations undertaken on the part of the College or the Department of Postsecondary Education, we next consider whether the circuit court's judgment was correct because of the lapse of time between the first accusation made against Williams and the Board's institution of proceedings. There is no applicable statute *998 placing a time limitation upon Board disciplinary proceedings, and \"[i]n the absence of specific legislative authority, civil or criminal statutes of limitation are inapplicable to administrative proceedings.\" Chafian v. Alabama Bd. of Chiropractic Exam'rs, 647 So.2d 759, 762 (Ala.Civ.App. 1994). Under Chafian, \"[w]here there is no statutory time limitation applicable to 998 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 8/12 the administrative proceeding, the issue of whether the action should be barred by time depends on the question of laches\"; however, \"[t]he party asserting laches bears the burden of proving that the delay was unreasonable and that prejudice resulted from the delay.\" Id. Williams has made no showing that he has been prejudiced by the Board's institution of disciplinary proceedings based upon such traditional elements of prejudice as \"unavailability of witnesses, changed personnel, and the loss of pertinent records\" (see Ex parte Grubbs, 542 So.2d 927, 929 (Ala. 1989)); indeed, Williams testified at some length before the Board concerning many of the sexual-harassment allegations that had been lodged against him and presented testimony of several witnesses, both instructors and former students, that was generally favorable to him. We thus cannot affirm the circuit court's judgment to the extent that it is based upon remoteness. Further, we reject Williams's contention that the circuit court's judgment of reversal is due to be affirmed because, he says, the Board's order is not supported by substantial evidence. To the contrary, a review of the evidence adduced during the Board hearing reveals that substantial evidence was adduced that Williams had engaged in inappropriate or unprofessional conduct. For example, J.B., the former student at the College who reported having been sexually harassed by Williams in 1991, testified at the Board hearing that she had taken courses from Williams in Medical Surgical Nursing and Critical Care Nursing during that year. According to J.B.'s testimony, during a visit by Williams to her mother's home that was ostensibly for the purpose of providing academic assistance, Williams told J.B. that \"if he did something for [her], [she] would have to do something for him\"; he then made an attempt to kiss J.B., which she rebuffed by turning her head. J.B. also testified that on another occasion, when she had asked Williams how he could help her raise her grade in the course she was taking from him during that academic term, he had responded by writing the word \"intimacy\" on a piece of paper and had given it to J.B., a proposition J.B. refused. The record further reveals that during Williams's testimony on direct examination during the Board hearing, the termination letter sent to Williams by the president of the College was admitted into evidence. Because that letter described Williams's personnel file as containing \"a 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 9/12 number of student complaints, counsel for the Board asked Williams whether he had been investigated on other occasions regarding student complaints of a sexual nature, at which time Williams admitted that in addition to J.B., two other students, V.P. and C.S., had made such complaints. The complaint letters from V.P. and C.S. were then admitted into evidence despite hearsay objections. *999 1 999 1 Administrative agencies, such as the Board, \"are not restricted to a consideration of evidence which would be legal in a court of law and may consider evidence of probative force even though it may be hearsay or otherwise illegal.\" Estes v. Board of Funeral Serv., 409 So.2d 803, 804 (Ala. 1982); see also Ala. Code 1975, \u00a7 41-22-13(1) (allowing admission in administrative hearings of evidence \"of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs,\" even if such evidence would be inadmissible in judicial proceedings). To be sure, Williams disputed the veracity of J.B., V.P., and C.S., and adduced testimony from other students and from College personnel tending to prove that he would not have sexually harassed students. However, our review, just like that of the circuit court, is limited to ascertaining whether the Board's order is supported by \"substantial evidence,\" i.e., \"evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.\" West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala. 1989); accord, Ex parte Williamson, 907 So.2d 407, 414-15 (Ala. 2004) (applying West definition in administrative setting). In no event is a reviewing court \"authorized to reweigh the evidence or to substitute its decisions as to the weight and credibility of the evidence for those of the agency.\" Ex parte Williamson, 907 So.2d at 416-17. We conclude that the Board's order disciplining Williams is supported by substantial evidence. Williams also seeks affirmance of the circuit court's judgment on the basis that the Board's order, he says, improperly referred to the finding, contained in the determination of the employee-review panel that overturned the termination of Williams's employment, that Williams had confronted a female coworker \"in a manner unbecoming to a faculty member.\" Williams contends that the Board's reference to that finding demonstrates that the Board \"improperly relied upon a matter beyond the scope of the charges\" set 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 10/12 forth in the \"Statement of Charges and Notice of Hearing.\" While the Board's statement of charges did not refer to that finding, evidence of that finding, in the form of the review panel's order itself, was submitted by Williams himself during the Board's hearing, and no conditions were placed upon its offer or acceptance into the evidentiary record. It is well settled that \"`[a] party may not predicate an argument for reversal on \"invited error,\" that is, \"error into which he has led or lulled\"'\" the pertinent adjudicative body. Wood v. State Pers. Bd., 705 So.2d 413, 422 (Ala.Civ.App. 1997) (quoting Atkins v. Lee, 603 So.2d 937, 945 (Ala. 1992), quoting in turn Dixie Highway Express, Inc. v. Southern Ry., 286 Ala. 646, 651, 244 So.2d 591, 595 (1971)). Williams, having introduced the employee-review panel's determination into evidence for the Board to consider, cannot now be heard to complain that the Board did consider that evidence in rendering its disciplinary order. Having determined that the Board's order was properly entered, we reverse the circuit court's judgment, and we remand the cause for that court to enter a judgment affirming the Board's order INSTRUCTIONS. CRAWLEY, P.J., and THOMPSON, J., concur and BRYAN, JJ., concur in the result, without writing. *1000 1000 About us Jobs News Twitter Facebook 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 11/12 LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:03 Board of Nursing v. Williams, 941 So. 2d 990 | Casetext Search + Citator 12/12"} |
7,739 | George Zinkhan III | University of Houston | [
"7739_101.pdf",
"7739_102.pdf"
] | {"7739_101.pdf": "cfc64b4a4ab3.html With Zinkhan, a wealth of what ifs (w/documents) Chelsea Cook Jul 10, 2009 In the fortnight between the Town & Gown murders and the morning police found the body of George Zinkhan III, a turbulent storm brewed on campus. Students walking to and from their final exams saw men carrying semi-automatic assault rifles. One professor cancelled classes while preparing the funeral of her husband of 40 years; another professor feared for her life. The world's attention was focused on Athens through the lens of news outlets such as The New York Times and The Associated Press. And with them came questions: What kind of professor was he? What kind of father was he? What was motive behind his ruthless actions? Did anyone suspect such a thing could happen? But when Zinkhan's body was finally found in a self-dug grave, his brass nameplate taken from his office door and the case was put to rest, Athens returned to its typical sleepy summer. Following a devastating event, the process of rebuilding begins and certain measures are taken to prevent a future calamity from happening again. But too often there is also an overriding fear which lingers in a simple question. Can it happen again? * * * Although many of Zinkhan's coworkers wished to remain anonymous when describing their former colleague - and in some cases, superior - similar labels kept surfacing to describe the man behind the murders: \"genius,\" \"charming\" and \"peculiar.\" 2/27/25, 7:03 With Zinkhan, a wealth of what ifs (w/documents) | News | redandblack.com 1/5 Tammy Perritt, who was a clerical assistant at Terry College while also a University student in the late 1990s, said Zinkhan had many unusual traits. \"He was kind of attractive in a mysterious way, something both charming and sexy about him, but he didn't try to be,\" she said. \"He walked around barefoot with his shirt untucked. He'd eat popcorn out of the trash can.\" But perhaps the most intriguing description to arise was \"a narcissist.\" Dr. Brian Hoffman, an assistant professor of psychology at the University, has done extensive research in industrial organizational psychology, especially in regard to leadership in the workplace and how narcissism affects management. \"Narcissism is recognized as having a sense of entitlement, a lack of empathy, a sense of social dominance and one of the key traits is exploitativeness,\" Hoffman said, \"for instance, risky sexual behavior.\" While no occupational environment alone could create a narcissist, Hoffman explores the territory of nature versus nurture - and says there is such thing as \"an enabling workplace for a narcissist.\" Hoffman and his research have no affiliation with the Zinkhan investigation, but the characteristics of a narcissist in a leadership position that he explained were uncannily parallel with Zinkhan's past - both documented and storied. \"Narcissistic leaders behave unethically, just as a general rule,\" Hoffman said. \"It can range from any variety of problems, [examples include] not doing what you say you're going to do, cooking the books, stretching numbers, exploiting your coworkers and followers, being aggressive in the workplace, making threats or changing numbers to suit your argument.\" Documents obtained by The Red & Black allege some complaints about Zinkhan along these guidelines: asking assistants to copy pornographic literature, affairs with subordinates and even the allegation of having sex in Terry College behind locked office doors. According to court documents, it was not the first time such allegations existed. Prior to his employment at the University, Zinkhan held a position in the marketing department at the University of Houston. In 1993, two female colleagues, Anju Seth and Julie Bristor filed a lawsuit against the University of Houston and Zinkhan. Seth's lawyers, Nelkin & Nelkin cited \"complaints of inappropriate 2/27/25, 7:03 With Zinkhan, a wealth of what ifs (w/documents) | News | redandblack.com 2/5 treatment at the of by Dr. Zinkhan,\" in an e-mail to the Red & Black. \"The case was settled out of court without a trial. Because of a confidentially agreement that is part of the settlement, neither [Seth] nor her counsel are permitted to discuss the matter beyond the information am providing to you in this e-mail.\" The case was settled out of court in August of 1994, about the same time Zinkhan started working at UGA. The court documents were sealed to protect Zinkhan's future employment, and one file obtained by The Red & Black ordered \"any and all documents, contracts, agreements and negotiations related to any offers of employment received by Defendant George Zinkhan from any university\" not be revealed. It is clear that no administrators or members of Zinkhan's hiring committee knew about the case when he was hired in 1994, however associate professor in marketing and distribution Barbara Carroll - who served on the search committee to hire Zinkhan - cited the case several times in e-mails years later to colleagues and administrators. In an e-mail dated May 17, 2000 to George Benson, then Dean of Terry College and now president of the College of Charleston, Carroll wrote, \"as everyone knows, zinkhan (sic) has a history of questionable relations with women over whom he has power. This history includes two sexual harassment cases brought by women at the university of Houston (settled out of court with the university paying huge sums of money to the two women; it was said by those in the know that Houston was trying to figure out what to do with zinkhan (sic) when uga hired him).\" Carroll declined comment when asked how she knew about the case at the University of Houston, but continued to present it to administrators even after the murders took place. In an e-mail dated May 12, 2009 to Beth Bailey, associate director of administration in the Office of Legal Affairs, Carroll wrote cannot participate in any cover-up of zinkhan's (sic) history at uga and Houston.\" In response, Bailey wrote, \"The University is not aware of anything that needs to be covered up with respect to Dr. Zinkhan and has not made such requests to you.\" Bailey declined to comment on the matter but Tom Jackson, vice president for public affairs, said because \"it never came up in a formal way,\" Zinkhan's past at Houston was never investigated. \"I'm not aware of [the case at the University of Houston]. It seems to me that if a formal complaint or information had been filed it would've been followed up on. It's very clear that after the discussions over the past year or two, it would definitely be followed up on. We have different rules today than we did then.\" 2/27/25, 7:03 With Zinkhan, a wealth of what ifs (w/documents) | News | redandblack.com 3/5 * * * In the spring semester of 2000, Carroll asked administrators to investigate what she believed to be tampering with her student evaluations. According to documents obtained by The Red & Black, the investigation proved Zinkhan did in fact remove the fours and fives from the numerical grading scale of Carroll's student evaluations, \"but no one [was] reprimanded, not even an apology from anyone,\" Carroll wrote in an October 2000 e-mail to her Terry colleagues had expected that there would be something put in writing regarding this investigation since it was a very serious matter that took several months to resolve.\" The evaluations were, however, thrown out and were not included in any overall evaluation of Carroll. Shortly after, Zinkhan stepped down as the marketing department head, but according to documents, it had nothing to do with the evaluations investigation or knowledge of the case at University of Houston. In a memo to Benson, dated Jan. 24, 2001, Zinkhan wrote, \"Originally, when accepted the position of Department Head agreed to serve a six-year term. At present have completed seven years of service. At this point think it is someone else's turn to serve. Thus am resigning at the end of this academic year.\" Over the course of Zinkhan's tenure, e-mails and memos obtained through the suggest he and Carroll butted heads, each informing their superiors they felt fearful of their safety from one another. After each complaint, administrators encouraged both to follow up with the Public Safety Division or University Police Chief Jimmy Williamson. Neither professor did so. Therefore it is troubling, after years of complaints against Zinkhan from Carroll and against Carroll from Zinkhan, investigators found printed MapQuest directions to Carroll's house - dated the day before the murders - in Zinkhan's abandoned vehicle think everybody was fearful. This was someone who had killed three people and gave indications he was interested in another person. So certainly everybody was concerned for [Carroll's] safety at that time,\" Jackson said. * * * Looking into Zinkhan's past provides a paper trail of confusing accusations, but after recent events, it also presents a series of what-ifs. 2/27/25, 7:03 With Zinkhan, a wealth of what ifs (w/documents) | News | redandblack.com 4/5 What if someone other than Carroll documented any behavior they felt threatening? Would Zinkhan have been investigated further? What if the Houston court case document, a document easily obtained by The Red & Black, had been presented to Terry before the murders? What if the inappropriate behavior was formally documented instead of simply the subject of gossip? These kinds of questions are exactly what Hoffman cites should be approached head-on in preventing unethical conduct by a narcissistic leader. \"It is definitely situationally specific, and depends on the organization, but suppose confronting people [and] workers immediately in the face of inappropriate behavior, put everything on the table, not letting things fester until they get out of control,\" Hoffman said. \"This would include any inappropriate comments, any unethical or inappropriate activity, approaching it head on and keeping record of it.\" So where does Terry go from here? And how do they, and the University, assure students an April 25 doesn't happen again? \"The University has established the two [Behavioral Assessment and Response Council] committees, one for students and the one for faculty and staff, and that's our best protection, to look for signals that somebody may be having issues that may need to be dealt with,\" Jackson said. \"If anybody has any concerns about a particular person, they should report it to those committees and let them look into it think you can expand it to any person,\" Jackson added. \"But how do you know who is going to be the next person who is going to suddenly go off like this?\" 2/27/25, 7:03 With Zinkhan, a wealth of what ifs (w/documents) | News | redandblack.com 5/5", "7739_102.pdf": "George Zinkhan George Zinkhan in August 2006 Born February 17, 1952 Baltimore, Maryland[1] Died April/May 2009 (aged 57) Clarke County, Georgia Cause of death Suicide Nationality American Citizenship American Alma mater Swarthmore College University of Michigan Scientific career Fields Marketing Institutions University of Houston University of Pittsburgh University of Georgia Vrije Universiteit George Zinkhan George Martin Zinkhan, III[1] (February 17, 1952 \u2013 c. May 9, 2009)[2][3] was an American academic and poet. Zinkhan was a professor of marketing at the University of Georgia from 1994 until April 26, 2009.[4][5] He was named as the prime suspect in a triple homicide before authorities announced on May 9, 2009 that they had found and identified Zinkhan's body. In 1974, Zinkhan received his Bachelor of Arts in English literature from Swarthmore College. He earned a Master's in Business Administration with high distinction from the University of Michigan in 1979 and his doctorate in business administration, also from the University of Michigan, in 1981.[2][6] Zinkhan was the Conn Professor of Marketing for thirteen years at the University of Houston beginning in 1981. While there, he sexually harassed multiple female academics and ultimately had a lawsuit brought against him.[2] For one year he also was an associate professor for the University of Pittsburgh in 1987.[6] He began as a professor at the University of Georgia's Terry College of Business in 1994 and served as department head for Terry's Department of Marketing and Distribution from 1994 until 2001.[2] He held an endowed chair as the department's Coca-Cola Company Professor from 1994 to 2009.[4][6] According to a university spokesman, he had an impeccable track record as a teacher and was a respected professor on campus.[7] Career 2/27/25, 7:03 George Zinkhan - Wikipedia 1/4 Zinkhan received an award for Outstanding Contribution to Research in 2004 which was presented by the American Academy of Advertising.[6] He also received the Terry Outstanding Faculty Award 2006 and 2009 presented by the economics faculty of the Vrije Universiteit.[8] Zinkhan published over 100 articles in peer-reviewed academic journals, as well as numerous chapters in edited books. He was the editor of the Journal of the Academy of Marketing Science from 2003 to 2006, and of the Journal of Advertising from 1991 to 1995, as well as the book review editor of the Journal of Marketing from 1991 to 1995.[2] In addition, he edited or co-edited several books: Arnould, Eric; Linda Price; George Zinkhan (2004). Consumers ( ers0000arno_t0o2). McGraw Hill / Irwin 0-07-253714-0. Watson, Richard; Pierre Berthon; Leyland F. Pitt; George Zinkhan (2000). Electronic Commerce: The Strategic Perspective ( Thompson / Dryden. 162 pages ( 0-03-026533-9. Zinkhan, George M. (2000). Advertising research: the Internet, consumer behavior, and strategy. Chicago, Ill: American Marketing Association 0-87757-288-7. Zinkhan's curriculum vitae listed 22 works under a section called, \"Research Activities: Poetry\".[9] Zinkhan's poems\u2014many of which the American Marketing Association published on its website\u2014 cover topics ranging from university politics[9] to the Appalachian Trail.[10] Zinkhan had two children, a son and a daughter, with his wife, attorney Marie Bruce. Zinkhan also had three children from a previous marriage. The family lived in the town of Bogart in the U.S. state of Georgia.[11] Zinkhan owned a second home in Amsterdam, where he was a marketing professor at the Vrije Universiteit.[12] Zinkhan was named the prime suspect in the April 25, 2009, shooting deaths of his wife and two other people, Tom Tanner and Ben Teague, outside the Athens Community Theatre in Athens, Georgia.[7] The murders occurred during a picnic reunion of the Town & Gown Players, and all three killed were active in local theater productions. Two bystanders were injured by bullet fragments.[7] According to neighbors and colleagues, there had been no advance signs of trouble.[12] Police said Zinkhan and his wife, Marie Bruce, were having \u201cmarital difficulties,\u201d that Tom Tanner appeared to be his \u201cspecific target\u201d in the shootings, and that Ben Teague was \u201cat the wrong place at the wrong time.\u201d Tanner was Awards Publications Personal life Murder charges 2/27/25, 7:03 George Zinkhan - Wikipedia 2/4 shot first, police said.[13] On the same day, \"Zinkhan was charged with three counts of murder and a state arrest warrant was issued in Clarke County, Georgia federal arrest warrant was issued on April 26, 2009, after he was charged with unlawful flight to avoid prosecution.\"[1] Zinkhan's red Jeep Liberty was found on the night of April 30, 2009, in northwest Clarke County, Georgia.[14] Cadaver dogs located Zinkhan's body on May 9, 2009, approximately one mile from the Jeep.[15][16] Investigators said that Zinkhan used a shovel to dig a 15-to-18-inch-deep (380 to 460 mm) grave in the woods behind Cleveland Road Elementary, lay down in it, took an old wooden pallet he had covered with dirt and debris and pulled it over top of the hole.[17] He then fired a single shot from a .38-caliber handgun into his head.[13][16] Zinkhan's body was claimed by a son from a previous marriage one day before it was scheduled for burial in a pauper's grave.[18] 1. Federal Bureau of Investigation Crime Alert - George Martin Zinkhan ( ed/alert/zinkhan_gm.htm) (HTML) Federal Bureau of Investigation. Retrieved on May 2, 2009 2. Zinkhan, George (April 26, 2004). \"Curriculum Vitae\" ( 48/ (PDF). Archived from the original ( w.terry.uga.edu/~gzinkhan/data/vitae.pdf) (PDF) on February 3, 2007. Retrieved April 25, 2009. 3. \"Authorities: Body of professor identified\" ( ofessor.shooting/index.html). CNN. May 11, 2009. Retrieved May 3, 2010. 4 Professor Fired, Still on the Run\" ( 9545&catid=3). WXIA. April 27, 2009. Retrieved April 27, 2009. 5. \"FBI: Wanted professor bought plane ticket to Netherlands\" ( 4/27/georgia.shootings/?iref=mpstoryview). CNN. April 27, 2009. Retrieved April 27, 2009. 6. \"Terry College of Business: Profile for George Zinkhan\" ( 5029/ The University of Georgia, Terry College of Business. 2000\u20132008. Archived from the original ( 457) on February 2, 2009. Retrieved April 25, 2009. 7. Weber, Harry (April 25, 2009). \"3 dead, 2 hurt in Ga. shooting; professor sought\" ( chive.org/web/20090502010808/ SOR_SHOOTING?SITE=AP&TEMPLATE=DEFAULT). Associated Press. Archived from the original ( =AP&TEMPLATE=DEFAULT) on May 2, 2009. Retrieved April 25, 2009. 8. George Zinkhan wins 2009 Terry Outstanding Faculty Award ( re/news/15572/detail/george_zinkhan_wins_2009_terry_outstanding_faculty_award.html), Faculteit der Economische Wetenschappen en Bedrijfskunde Vrije Universiteit, April 17, 2009 9 releases Zinkhan case file\" ( northga.com/detail.php?n=219909). AccessNorthGa. December 6, 2009. Archived from the original ( on April 28, 2009. Retrieved August 12, 2012. Death References 2/27/25, 7:03 George Zinkhan - Wikipedia 3/4 10. Boone, Christian (April 28, 2009). \"UGA's professor's poetry may yield clues to his location\" (http s://web.archive.org/web/20110629082333/ 04/28/ugasearch_zinkhan_Oconee.html). ajc.com. Archived from the original ( services/content/metro/stories/2009/04/28/ugasearch_zinkhan_Oconee.html) on June 29, 2011. Retrieved August 12, 2012. 11. Burdett, Daniel (April 27, 2009). \"Zinkhan 'odd,' prolific professor\" ( 090430101023/ ws/Zinkhan.odd.Prolific.Professor-3726732.shtml). The Red & Black. Archived from the original (ht tp://media. rolific.Professor-3726732.shtml) on April 30, 2009. 12. \"Georgia professor sought in shooting death of wife, two others\" ( E/04/25/georgia.shootings/index.html). CNN. April 25, 2009. Retrieved April 25, 2009. 13. \"Athens killer lay in grave under pallet, shot himself\" ( ories/2009/05/12/zinkhan_grave.html). Atlanta Journal-Constitution. May 12, 2009. 14. \"Update: Zinkhan's vehicle located\" ( w.com/home/headlines/44126872.html). WRDW. Associated Press. Archived from the original (htt p:// on July 22, 2011. Retrieved May 1, 2009. 15. \"Police: Missing Professor Found Dead\" ( p:// TV. Archived from the original ( sbtv.com/news/19416286/detail.html) on June 29, 2011. Retrieved August 12, 2012. 16. Cook, Rhonda; Miles, Kent A.; Towers, Chip (May 9, 2009). \"Zinkhan's body found in grave he dug\" ( html). Atlanta Journal-Constitution. 17. Floyd, Allison (May 12, 2009). \"Police say Zinkhan targeted Tanner, committed suicide\" ( nicle.augusta.com/stories/latest/lat_519041.shtml). The Augusta Chronicle. 18. \"Son claims body of professor accused in killings\" ( n.body/index.html). CNN. May 16, 2009. Retrieved from \" External links 2/27/25, 7:03 George Zinkhan - Wikipedia 4/4"} |
7,624 | Mark Cory | University of Arkansas | [
"7624_101.pdf",
"7624_102.pdf",
"7624_103.pdf"
] | {"7624_101.pdf": "From Casetext: Smarter Legal Research v United States District Court, E.D. Arkansas, Western Division May 3, 2006 No. 4:05CV0001254 (E.D. Ark. May. 3, 2006) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 4:05CV0001254-WRW. May 3, 2006 JR., District Judge Plaintiff brought suit against the University of Arkansas, its President Alan Sugg, Chancellor John White, Professor Mark Cory, and unnamed \"John Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 1/16 Doe\" Defendants, alleging that she was sexually harassed in violation of both the United States and Arkansas Constitutions; Title IX; 42 U.S.C. \u00a7\u00a7 1983, 1985, 1988; and Ark. Code Ann. \u00a7\u00a7 16-123-105,106, and 107; she also alleges state tort claims of breach of fiduciary duty, battery, outrage, and sexual abuse. Although the Motion to Dismiss filed by the other Defendants encompasses claims made against Dr. Cory (Doc. No. 16), he filed a separate Motion to Dismiss (Doc. No. 14). I. Background 1 1 With the exceptions of the variations footnoted, the remaining background has been taken from Doc. No. 17. During the fall of 2003, Defendant Dr. Mark Cory (\"Dr. Cory\") invited Plaintiff, an undergraduate student of the University of Arkansas, to his home. Over the course of the evening, Dr. Cory made several verbal and physical advances to Plaintiff. He suggested that they have a *2 sexual relationship during the upcoming academic year. Plaintiff maintains that she left Dr. Cory's home feeling uncomfortable, and worried about his sexual proposal. Plaintiff asserts that she wanted to report the incident but did not know who to speak to at the University. 2 3 2 4 5 6 2 Doc. No. 1, p. 4. 3 Doc. No. 36, p. 2. 4 Doc. No. 1, p. 4. 5 Doc. No. 36, p. 2. 6 Doc. No. 36, p. 2. The University has had a policy prohibiting sexual harassment since \"at least 1994.\" The University also employs Ms. Kathryn Fairchild (\"Ms. Fairchild\"), who serves as the Assistant Director of the Office of Affirmative Action and is responsible for investigating any allegations of discrimination. The University's sexual harassment policy, which applies to faculty, staff, and students, is published each year in multiple locations, including the Faculty Handbook, the Staff Handbook, the Undergraduate Student Handbook, and the Graduate Student Handbook \u2014 including the versions of these 7 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 2/16 publications which were in force during the 2003-2004 academic year. These publications are available to all members of the University community through the University's website. The University's policy prohibiting sexual harassment is also available on the Office of Affirmative Action website.8 7 Doc. No. 17. 8 See The University notes that it conducts training sessions every year through its Office of Affirmative Action with administrators, deans, department heads, faculty, staff, and students (primarily graduate students with teaching responsibilities) regarding the University's policy against sexual harassment. The Office of Affirmative Action and the Office of General Counsel also *3 provide sexual harassment training sessions for deans, department heads, program directors, and related administrators. Session attendees are asked to review the University's sexual harassment policy with faculty and staff within their department. 3 On April 16, 2004, Ms. Fairchild was contacted by the University's Office of Student Affairs. Student Affairs had been contacted by the father of an undergraduate student who alleged Dr. Cory had sexually harassed his daughter. In a telephone conversation with the student's father the same day, Ms. Fairchild learned that his daughter and at least four other students claimed Dr. Cory sexually harassed them. The father was certain that his daughter wished to make a formal complaint but would do so only after she had taken her last final. Ms. Fairchild advised the father that she needed to meet with his daughter immediately to avoid the possibility of any further misconduct. According to Defendants, the father would not agree, and suggested a meeting on May 10, 2004. In their conversation, Ms. Fairchild learned that the other students were also reluctant to come forward, but that his daughter was attempting to convince them to do so. Despite Ms. Fairchild's efforts, the student's father would not provide any of the other student's names. As promised, the student telephoned Ms. Fairchild on May 10, 2004, and they agreed to meet on May 12, 2004. During their meeting, the student 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 3/16 recounted her story as well as the stories of some of the other students. The student never revealed the names of any of the other alleged victims. Nevertheless, based on their conversation, Ms. Fairchild knew that there were four other students who knew of each other's experiences with Dr. Cory. None of the other students reported Dr. Cory's inappropriate behavior before Ms. Fairchild's meeting with the initial student on May 12, 2004. *4 4 Within hours of Ms. Fairchild's meeting with the initial student, Plaintiff, Sarah Cox, contacted her. Ms. Fairchild had Plaintiff come to her office immediately. This meeting marked the first time that Plaintiff notified any \"university official with authority to take corrective action of any allegations of sexual harassment concerning Dr. Cory.\"9 9 Doc. No. 17. In their meeting, Plaintiff recounted the events that she alleged occurred with Dr. Cory during the previous fall. According to Plaintiff, sometime in September 2003, Dr. Cory invited her to his home to work on her thesis. After working for a time, the two went for a walk in a nearby park. On a bridge at the park, Dr. Cory kissed Plaintiff and complimented her hair. They walked back to the house and Dr. Cory offered her coffee, and they looked at pictures. Dr. Cory's sexual overtures escalated until he eventually picked Plaintiff up and carried her to his bedroom where they undressed and got in bed together question exists as to whether the contact had been consensual up to that point. After Dr. Cory went to his bathroom to obtain a condom, Plaintiff told him that she wanted to leave. After some discussion, Plaintiff dressed and indicated that she was going to leave. Plaintiff maintains that Dr. Cory was upset and tried to get her to stay by hugging her and putting his hands on her breasts. Plaintiff left at this point. After this incident, Plaintiff's contact with Dr. Cory was limited to a couple of meetings in his office and one email. Plaintiff noted that on at least one occasion, Dr. Cory gave her an uncomfortably long hug and suggested that they go away together for a weekend. Ms. Fairchild took down Plaintiff's version of events and mentioned that she was looking into other complaints against Dr. Cory. *5 5 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 4/16 On May 12, 2004, the father of the student with whom Ms. Fairchild had first met, faxed Ms. Fairchild his daughter's statement, made in the presence of an attorney. Although the statement was dated January 21, 2004, it was not furnished to Ms. Fairchild until May 12, 2004. Between May 12-17, 2004, Ms. Fairchild communicated with Dean Donald Babbitt and Provost Bob Smith about the allegations against Dr. Cory. Neither had any previous knowledge of the alleged harassment. Ms. Fairchild met with Dr. Cory on May 18, 2004, and advised him of the charges that had been made by the first student that led her to meet Plaintiff. Dr. Cory was advised that he could voluntarily resign from his position, or Provost Smith would initiate termination proceedings against him and revoke his tenure. Dr. Cory opted to resign. Dr. Cory was advised to avoid any contact with students and told that he would not be permitted to lead an upcoming overseas student trip. The day after the meeting, Dr. Cory submitted his letter of resignation, relinquishing his tenure rights effective June 30, 2004. The University accepted Dr. Cory's letter of resignation on May 20, 2004. Within eight days of Ms. Fairchild's first meeting with Plaintiff, Dr. Cory had resigned his position. On May 21, 2004, Dr. Smith outlined the conditions of Dr. Cory's employment through his resignation date. Dr. Cory was directed to not have any contact with any current or former students with whom he had had personal relationships of any type or with whom he had sought to initiate such a relationship. Dr. Cory was advised that after his resignation, he could not seek or accept any employment or volunteer role that would place him in contact with University of Arkansas students. Dr. Cory was also required to come to Ms. Fairchild's office each Friday and document any contacts he had that week with former students. *6 6 On May 21, 2004, Ms. Fairchild renewed her efforts to obtain the names of other alleged victims. On May 24 and 25, 2005, Ms. Fairchild met with three other students who had complaints against Dr. Cory. Information regarding the other alleged victims has not been provided in this suit. II. Standard of Review 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 5/16 Dismissal of a Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure is appropriate only when it \"appears beyond doubt that the plaintiff can prove no set of facts in support of the plaintiff's claim which would entitle him to relief court must accept the allegations of the complaint as true and construe the complaint in favor of the plaintiff. The Complaint will be dismissed only if it appears that the plaintiff has failed to prove any facts in support of her claim which would entitle her to relief complaint should not be dismissed, nor a cause of action ignored, merely because the complaint does not state with precision all elements that give rise to a legal basis for recovery. 10 11 12 13 10 Springdale Education v. Springdale School, 133 F.3d 649 (8th Cir. 1998); R.W. Murray Co. v. Shatterproof Glass Corp., 697 F.2d 818, 821 (8th Cir. 1983). 11 In re Staffmark, Inc. Securities Litigation, 123 F. Supp. 2d 1160, 1162 (E.D. Ark. 2000). 12 Jenkins v. McKeithen, 395 U.S. 411 (1969). 13 Smith v. Ouachita Technical College, 337 F.3d 1079, 1080 (8th Cir. 2003). III. Analysis Dr. Cory suggests that Plaintiff only intended to bring suit against him for the tort claims of outrage, sexual abuse, and battery, but he is wrong. Plaintiff brought all claims against all Defendants with the exception of the three additional tort claims brought solely against Dr. Cory. As a student of the University of Arkansas School of Law in Fayetteville, Plaintiff has standing to seek equitable relief. *7 7 For ease of analysis, Plaintiff's alleged causes of action and requested damages made against all Defendants in their individual and official capacities are summarized as follows: 1. Violation of the Right of Association; First, Ninth, Fourteenth Amendments to the United States Constitution; requests money damages. 2. Sexual Harassment Discrimination; Equal Protection Due Process; Ninth Fourteenth Amendments to the United States 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 6/16 Constitution; requests money damages. 3. Sexual Harassment Discrimination; Title of the Education Amendments, 20 U.S.C. \u00a7\u00a7 1681- 1686; requests money damages. 4. 42 U.S.C. \u00a7 1983 a. Failure to Come to the Aid; requests money damages. b. Failure to Properly Train; requests both money damages and requirement to properly train Defendants who violated Plaintiff's rights. c. Failure to Investigate, Discipline, Correct, or Supervise; requests both money damages and requirement to investigate Defendants who violated Plaintiff's rights. d. Improper Approval and/or Ratification of Dr. Cory's conduct; requests money damages. e. Failure to Create or Maintain Proper Formal Polices Procedures; requests both money damages and requirement to enact adequate sexual harassment procedures. f. Inadequate Policies, Procedures, Customs, Usages; requests both money damages and requirement to enact adequate sexual harassment procedures. 5. Conspiracy under 42 U.S.C. \u00a7 1985; requests money damages. 6. Sexual Harassment Discrimination; Equal Protection Due Process; Article II, Sections 3, 13, 18, 21, and 29 of the Arkansas Constitution; requests money damages. 7. Sexual Harassment Discrimination; Ark. Code Ann. \u00a7\u00a7 16-123-105- 16-123-107; requests money damages. 8. Breach of Fiduciary Duty; requests money damages. Plaintiff also raises the state law tort claims of outrage, sexual abuse, and battery against Dr. Cory. 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 7/16 *8 In her response to Defendants' Motion to Dismiss, Plaintiff makes several concessions: \u2022 Plaintiff admits that her Title claim against Dr. Sugg, Dr. White, and John Does should be dismissed for failure to state a claim upon which relief can be granted. 8 \u2022 Plaintiff admits that the University is protected via the Eleventh Amendment and Article 5, Section 20 of the Arkansas Constitution from suit under Ark. Code Ann. \u00a7 16-123-105, 106, or 107. \u2022 Plaintiff concedes that she has presented no evidence to support a conspiracy claim under \u00a7 1985 against any of the Defendants. \u2022 Plaintiff concedes that Arkansas Statutes of Limitations for battery and sexual abuse bar her claims against Dr. Cory.14 14 Arkansas Code Annotated \u00a7 16-56-104(1)(A) provides that actions for assault and battery must be brought within one year after the cause of action occurred. Plaintiff's outrage claim against Dr. Cory has a three year statute of limitations (Ark. Code Ann. \u00a7 16-56-105) and is not barred for limitations reasons. 14 Arkansas Code Annotated \u00a7 16-56-104(1)(A) provides that actions for assault and battery must be brought within one year after the cause of action occurred. Plaintiff's outrage claim against Dr. Cory has a three year statute of limitations (Ark. Code Ann. \u00a7 16-56-105) and is not barred for limitations reasons. Additionally, because Dr. Cory was no longer employed by the University at the time suit was brought, he cannot be sued in his official capacity. All causes of action raised against Dr. Cory in his official capacity are DISMISSED. 15 15 Hafer v. Melo, 502 U.S. 21, 25 (1991). A. Eleventh Amendment Sovereign Immunity In their Motion to Dismiss, Defendants principal argument is that they are immune from suit under the Eleventh Amendment. In particular, 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 8/16 Defendants maintain that any claim for monetary damages is barred against all Defendants sued in their official capacity as well as against the University. The Eleventh Amendment to the United States Constitution provides that the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced, or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. In determining the applicability of the Eleventh Amendment to the political subdivisions of the state, this Court must, *9 16 9 [e]xamine the particular entity in question and its powers and characteristics as created by state law to determine whether the suit is in reality a suit against the state. Courts typically look at the degree of local autonomy and control and most importantly whether the funds to pay any award will be derived from the state treasury.17 17 Okruhlik v. University of Arkansas ex rel. May, 255 F.3d 615, 622 (8th Cir. 2001); Greenwood v. Ross, 778 F.2d 448, 453 (8th Cir. 1985). 16 U.S. Const. amend XI. 17 Okruhlik v. University of Arkansas ex rel. May, 255 F.3d 615, 622 (8th Cir. 2001); Greenwood v. Ross, 778 F.2d 448, 453 (8th Cir. 1985). \"Each state university . . . must be considered on the basis of its own particular circumstances\" in determining if the university is a state instrumentality that enjoys the protection of the Eleventh Amendment. As of 1985, the Eighth Circuit determined that the majority of cases addressing the question of Eleventh Amendment immunity for public colleges and universities held that these institutions are arms of their respective state governments and immune from suit. The Greenwood Court opted not to make the final determination whether the University of Arkansas was immune from suit and remanded the case for that determination. The District Court held that the University of Arkansas is immune from suits for damages under the Eleventh Amendment. This ruling has not been superceded. *10 18 19 20 10 18 Greenwood, 778 F.2d at 453. 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 9/16 19 Id. ( quoting Hall v. Medical College, 742 F.2d 299, 301 (6th Cir. 1984) (Ohio); see United Carolina Bank v. Board of Regents, 665 F.2d 553, 561 (5th Cir. 1982) (Stephen F. Austin State University in Texas); Rutledge v. Arizona Board of Regents, 660 F.2d 1345, 1349-50 (9th Cir. 1981) (Arizona State University), aff'd sub nom. Kush v. Rutledge, 460 U.S. 719 (1983); Jagnandan v. Giles, 538 F.2d 1166, 1176 (5th Cir. 1976) (Mississippi State University), cert. denied, 432 U.S. 910 (1977); Prebble v. Brodrick, 535 F.2d 605, 610 (10th Cir. 1976) (University of Wyoming); Long v. Richardson, 525 F.2d 74, 79 (6th Cir. 1975) (Memphis State University); Brennan v. University of Kansas, 451 F.2d 1287, 1290 (10th Cir. 1971); Walstad v. University of Minnesota Hospitals, 442 F.2d 634, 641-42 (8th Cir. 1971). Contra Goss v. San Jacinto Junior College, 588 F.2d 96, 98 (5th Cir.), modified, 595 F.2d 1119 (1979); Dyson v. Lavery, 417 F.Supp. 103, 108 (E.D. Va. 1976) (Virginia Polytechnic Institute and State University); Gordenstein v. University of Delaware, 381 F.Supp. 718, 725 (D. Del. 1974). 20 Greenwood v. Ross, 1988 156151 (E.D. Ark. January 29, 1988). The Eleventh Amendment bars federal suits against public servants in their official capacities when the \"state is the real, substantial party in interest.\" The Eleventh Amendment, however, does not bar suits against a public servant in his official capacity when he is alleged to have committed an unconstitutional act because the State has no authority to order such acts and the official is therefore \"stripped of his official or representative character.\" Even in such cases, only injunctive relief is permitted because retroactive relief would have a direct impact on the state treasury. In the present case, with the exception of her \u00a7 1983 claims, Plaintiff requests only money damages. Accordingly, the Eleventh Amendment bar on Plaintiff's federal and state law claims for money damages requires of the causes of action against Defendants sued in their official capacity and against the University. 21 22 23 21 Pennhurst State School Hospital v. Halderman, 465 U.S. 89,100-02. 22 Id. at 102. 23 Edelman v. Jordan, 415 U.S. 651, 666-67 (1974) (holding that a suit against a state official for violation of federal law may only seek injunctive relief governing the official's future conduct); Assad-Faltas v. University of Arkansas 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 10/16 for Medical Sciences, 708 F. Supp. 1026, 1029-1030 (E.D. Ark. 1989); Slaughter v. Levine, 801 F.2d 288 (8th Cir. 1986). B. Qualified Immunity The Eleventh Amendment does not bar compensatory damages or punitive damages against actors sued in their individual capacities. In fact, state officers are personally liable for their conduct if sued in an individual capacity. Nevertheless, public officials are entitled to qualified *11 immunity \"insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\" Immunity serves the public interest by avoiding the social costs of subjecting public officials to the burdens of litigation on insubstantial claims. Accordingly, it provides the official with immunity from suit rather than merely a defense to liability. 24 25 26 11 27 28 29 24 Scheuer v. Rhodes, 416 U.S. 232, 238 (1974), overruled on other grounds, Davis v. Sherer, 468 U.S. 183 (1984). 25 Memphis Community School District v. Stachura, 477 U.S. 299, 306, n. 9 (1986). 26 Nix v. Norman, 879 F.2d 429 (8th Cir. 1989). 27 Engle v. Townsley, 49 F.3d 1321, 1322 (8th Cir. 1995); Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). 28 Id. at 1324. 29 Id. ( quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)). In the Complaint, Plaintiff alleges that \"Defendants tolerated, allowed, permitted, condoned, and/or approved of inadequate policies, procedures, customs, and/or usages that resulted int he violation of Cox's civil and/or constitutional rights. . . .\" Regarding Dr. Sugg and Dr. White, Plaintiff alleged that their \"acts and/or omissions amounted to deliberate indifference and also constituted negligence and/or were intentional.\" 30 31 30 Doc. No. 1. 31 Doc. No. 1. 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 11/16 Whether an official should be granted qualified immunity for particular conduct is a question of law. The standard for addressing qualified immunity at the Rule 12(b)(6) stage is whether immunity is established on the face of the complaint. Although it has been held that qualified immunity should be addressed as soon as possible, without the benefit of discovery, it is impossible *12 to determine from the allegations presented whether or not qualified immunity should apply. Accordingly, Plaintiff has presented sufficient facts to overcome the motion to dismiss. This matter might be better addressed in a summary judgment motion. Even if were to find that qualified immunity protects Defendants in their individual capacities, they would still be susceptible to prospective relief because claims for declaratory or injunctive relief are not subject to the qualified immunity defense. 32 33 34 12 35 32 Forsyth, 471 U.S. at 528. 33 Schatz Family ex rel. Schatz v. Gierer, 346 F.3d 1157, 1159 (8th Cir. 2003). 34 Lyles v. City of Barling, 17 F. Supp. 2d 848, 854 (W.D. Ark. 1998). 35 Williams v. Delo, 49 F.3d 442, 445 (8th Cir. 1995). C. \u00a7 1983 Eleventh Amendment immunity for public servants sued in their official capacity is not overridden by \u00a7 1983 because Congress did not expressly so provide. Nevertheless, Defendants may still be liable to the Plaintiff for prospective relief. In light of Eleventh Amendment immunity and the fact that its primary purpose is to protect state treasuries, prospective injunctive relief would be the only remedy available to a plaintiff for a defendant who, acting in his official capacity, allegedly commits unconstitutional actions in violation of \u00a7 1983. 36 37 36 Quern v. Jordan, 440 U.S. 332, 338-40. 37 Coller v. State of Missouri, Department of Economic Development, 965 F. Supp. 1270, 1276 (W.D. Mo. 1997); Pennhurst, 465 U.S. at 102. School district officials can be liable under \u00a7 1983 if they are deliberately indifferent to acts committed by a teacher that violate a student's 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 12/16 constitutional rights. The plaintiff must show that the district officials received notice of a pattern of unconstitutional acts, demonstrated deliberate *13 indifference to the acts, failed to take sufficient remedial action, and that such failure proximately caused the injury to the students. 38 13 39 38 See Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290-91 (1998). 39 See Jane Doe v. Special Sch. Dist. of St. Louis County, 901 F.2d 642, 645 (8th Cir. 1990 heightened pleading standard is applied to suits seeking \u00a7 1983 damages against government officials. The pleading must contain enough specificity to give a defendant notice of the nature of the claim, so he can respond and move for judgment on the basis of qualified immunity if applicable. Because must construe the Complaint in the light most favorable to the Plaintiff must reject Defendant's 12(b)(6) argument at this point. It may be that the issue can be more appropriately addressed in a motion for summary judgment. 40 41 40 Edgington v. Missouri Dep't of Corrections, 52 F.3d 777, 779-80 (8th Cir. 1995). 41 Id. at 779. Defendants next argue that they cannot be sued in their official capacity under \u00a7 1983 because they are not \"persons\" contemplated by \u00a7 1983 against whom a suit can be sustained for money damages suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official's office. It is no different from a suit against the State itself state official in his or her official capacity, when sued for injunctive relief, would be a person under \u00a7 1983 because `official- capacity actions for prospective relief are not treated as *14 actions against the State.'\" State officers may also be held personally liable for money damages under \u00a7 1983 based upon actions taken in their official capacities. 42 43 14 44 45 42 Will v. Michigan Dept. of State Police, 491 U.S. 58, 71 (1989); Norfleet By and Through Norfleet v. State of Arkansas, 796 F. Supp. 1194 (E.D. Ark. 1992). 43 See, e.g., Kentucky v. Graham, 473 U.S. 159, 165-166 (1985). 44 Kentucky v. Graham, 473 U.S. 159, 167 n. 14 (1985). 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 13/16 45 Hafer, 502 U.S. 21. State officials, sued in their individual capacities, are \"persons\" within the meaning of \u00a7 1983. Unlike official-capacity defendants \u2014 who are not \"persons\" because they assume the identity of the government that employs them \u2014 officers sued in their personal capacity come to the court as individuals and thus fit comfortably within the statutory term \"person.\" The Eleventh Amendment does not bar \u00a7 1983 personal-capacity suits against state officials in federal court. It is well established in that the University is not a person within the meaning of \u00a7 1983. On the other hand, although prospective relief awarded against a state officer also \"implicate[s] Eleventh Amendment concerns,\" the interests in \"end[ing] a continuing violation of federal law,\" outweigh the interests in state sovereignty and justify an award under \u00a7 1983 of an injunction that operates against the state's officers or even directly against the state itself. 46 47 46 Regents of the University of Minnesota v. NCAA, 560 F.2d 352, 362 (8th Cir. 1977); Kaimowitz v. Bd. of Trustees, 951 F.2d 765, 767 (7th Cir. 1992). 47 Will, 491 58. Dr. Sugg, Dr. White, and Dr. Cory can be held responsible for money damages under \u00a7 1983 in their individual capacities. Neither the Eleventh Amendment nor the doctrine of respondeat superior protect Defendants from liability under \u00a7 1983. As noted above, the Plaintiff's pleadings are sufficient to withstand a 12(b)(6) motion. The University is not considered a person under \u00a7 1983 and is, therefore, DISMISSED. *15 48 15 48 See Vaughn v. Greene County, Arkansas, 438 F.3d 845, 851 (8th Cir. 2006). D. Remaining Causes of Action As an alternative argument to sovereign and qualified immunity, Defendants make a blanket argument that the remaining causes of action should be dismissed for failure to state a claim upon which relief can be granted. In the same manner that Defendants accuse Plaintiff of making cursory arguments to support her allegations, Defendants argue that her arguments are 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 14/16 insufficient to withstand a motion to dismiss. As previously mentioned, it is enough at this stage of the suit for Plaintiff to allege that all Defendants were aware of the harassment and did not act quickly enough to protect her. Accordingly, Defendants' motion to dismiss the remaining claims is DENIED. IV. Conclusion In sum, the claims against the University and Dr. Cory in his official capacity are DISMISSED. With the exception of the \u00a7 1983 claims for prospective relief brought against Dr. Sugg and Dr. White in their official capacity, they are DISMISSED. The U.S. and Arkansas Constitutional claims as well as the breach of fiduciary duty claim brought against Defendants in their individual capacities remain. Also, the outrage claim brought against Dr. Cory individually remains ORDERED. *1 1 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 15/16 Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:03 v ARKANSAS, No. 4:05CV0001254 | Casetext Search + Citator 16/16", "7624_102.pdf": "Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Bernard Madison, in His Individual and Official Capacity; Mark Cory, in His Individual and Official Capacity; Adnan Haydar, in His Individual and Official Capacity; Mounir Farah, in His Individual and Official Capacity; Steven Neuse, in His Individual and Official Capacity; Donald Kelley, in His Individual and Official Capacity; Jeff Ryan, in His Individual and Official Capacity; Todd Shields, in His Individual and Official Capacity; Conrad Waligorski, in His Individual and Official Capacity, Defendants,randall Woods, in His Official and Individual Capacity, 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 1/11 Defendant/appellee, 395 F.3d 872 (8th Cir. 2005) U.S. Court of Appeals for the Eighth Circuit - 395 F.3d 872 (8th Cir. 2005) Submitted: April 15, 2004 Filed: January 24, 2005 Charles M. Kester, argued, Fayetteville, AR, for appellant. T. Scott Varady, argued, Fayetteville (William R. Kincaid, on the brief), for appellee. Before WOLLMAN, McMILLIAN, and RILEY, Circuit Judges. WOLLMAN, Circuit Judge. Gwen Okruhlik appeals from the district court's grant of judgment as a matter of law to the University of Arkansas and Randall Woods following the jury's verdict in her favor on her claims of retaliation and hostile work environment based on sexual harassment. We affirm. We state the facts in the light most favorable to the verdict. Okruhlik was offered a tenure- track position in the political science department of the Fulbright College of Arts and Sciences at the University of Arkansas, Fayetteville, beginning in 1995. In addition, she was hired to participate in the cross-disciplinary Middle East Studies Program (the \"Program\"), established with a $20 million donation from Saudi Arabia to the University. Okruhlik became extensively involved in trying to develop the program, but soon experienced tension with some of the program's male faculty administrators and felt intentionally closed out of participation in its further development. She and three other faculty members (two women and one man) expressed their concerns about the management of the program to the then dean, Bernard Madison, who initiated an investigation by a special committee. The committee developed a report that formed the basis for restructuring the program. 1 2 3 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 2/11 Okruhlik's relationship with male faculty members remained tense, both in her department and in the program. In early 1998, prior to her third-year review, an important milestone on the way to tenure-review in the sixth year, she began to overhear conversations in the office adjacent to hers, which was occupied by Steve Neuse, who became the chair of the political science department the following year. The conversations, which occurred over several months, included dirty jokes and negative comments about Okruhlik, deriding her work and expressing a desire to get rid of her. Okruhlik told only her husband about the conversations until after they had stopped. She then mentioned the conversations to Vice Chancellor for Academic Affairs, Donald Pederson, who immediately took her to the Office of Affirmative Action. The results of Okruhlik's third-year review were mixed, but she was reappointed by Dean Madison for a fourth year. Okruhlik's emotional and psychological state deteriorated to the point that she found it necessary to take sick leave in the spring of 1999, followed by research leave for an additional year. Okruhlik filed an complaint in the fall of 1998, alleging discrimination and harassment by a number of individual professors involved in the Middle East Studies Program and her third-year review. She received a right to sue letter in April 1999, but waited to file suit until May 2000. Randal Woods had succeeded Madison as dean of Fulbright College in 1999. After Okruhlik filed the lawsuit, Woods became concerned about how Okruhlik's tenure review should be conducted and sent her a letter detailing proposed changes in the process to ensure that the defendants named in her lawsuit would not participate. Okruhlik observed that Woods became \"cold\" towards her and would not help her prepare a strong tenure file, telling her that the lawsuit had changed their relationship. Okruhlik went through the multi-layered tenure process in early 2001. Okruhlik's process differed slightly from the normal review process in that a specially-formed personnel policy committee performed an independent evaluation and that all of the defendants in the lawsuit, including Neuse, then chair of the department, were precluded from voting on Okruhlik's candidacy for tenure. Although Okruhlik received a positive recommendation from the special personnel policy committee, she received a negative recommendation from the Fulbright Personnel Committee, and Dean Woods ultimately recommended denial of tenure. Okruhlik appealed Woods's decision, and upon reconsideration, all parties reiterated their prior conclusions. Woods forwarded his recommendation to Provost and Vice Chancellor for Academic Affairs Bob Smith, who also issued a negative recommendation, stating that \"Dean Woods and the Fulbright College Personnel Committee provide compelling arguments about the modest quality and unfocused nature of your scholarship. These views are supported by the outside reviewers and made more 4 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 3/11 powerful by the absence of a publishable book-length manuscript.\" Appellant's App. at 342. Okruhlik did not request further review upon receiving Smith's negative recommendation, so her candidacy was never considered by the chancellor or the president. Because the probationary period for a tenure-track faculty member may not extend beyond seven years, Board Policy 405.1 \u00a7 IV(A) (4), Okruhlik received a terminal appointment for her seventh year at the University. Okruhlik's lawsuit proceeded. After various pleadings and rulings, including one by this court on matters unrelated to the current claims, Okruhlik v. Univ. of Ark., 255 F.3d 615 (8th Cir. 2001) (addressing an 11th Amendment immunity issue), Okruhlik filed a second amended complaint in March 2002, alleging that her tenure process had been tainted by discriminatory animus. The district court granted the defendants' motion for summary judgment on some claims, D. Ct. Order of Oct. 2, 2002, but permitted the case to proceed to trial on the remaining claims. At the conclusion of Okruhlik's evidence, the defendants moved for judgment as a matter of law. The district court granted the motion as to some of the defendants, but allowed the trial to proceed on the remaining claims. The district court again denied a similar motion at the close of the remaining defendants' evidence and submitted the case to the jury with specific interrogatories on Okruhlik's disparate treatment, Title retaliation, First Amendment retaliation, and hostile work environment claims. The jury returned a verdict for the University on the disparate treatment claim, finding that gender was not a motivating factor in the decision not to award tenure to Okruhlik. The jury found for Okruhlik and against the University and Woods on the retaliation and hostile work environment claims, however, and awarded damages totalling $353,000. It made the following findings by a preponderance of the evidence in response to interrogatories presented by the court: ... that the University of Arkansas made a decision not to award Dr. Okruhlik promotion and tenure and that the fact that Dr. Okruhlik engaged in statutorily-protected activity was a motivating factor in that decision. ... that Dean Randall Woods took adverse employment action against Dr. Okruhlik because she made statements critical of the administration of the Middle East Studies program or because she filed this lawsuit. Appellant's App. at 62-68. The University and Woods once again moved for judgment as a matter of law on all claims. The district court granted the motion, finding that one of the elements of the retaliation 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 4/11 claims could not be met because Okruhlik was never officially denied tenure by the University; she had not completed all the levels of the tenure review process and did not receive a final decision by the University's president. The district court found that the completion of the process was \"necessary in order to reach the point of an `adverse employment action' which would support an employment discrimination claim.\" D.Ct. Order of May 27, 2003, at 7. Okruhlik therefore received a terminal appointment by operation of the policy because her probationary period had expired. We review de novo the district court's decision to grant a motion for judgment as a matter of law. Walsh v. Nat'l Computer Sys., 332 F.3d 1150, 1158 (8th Cir. 2003). We \"draw all reasonable inferences in favor of the nonmoving party, and [] may not make credibility determinations or weigh the evidence.\" Kipp v. Mo. Highway & Transportation Comm'n, 280 F.3d 893, 896 (8th Cir. 2002) (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S. Ct. 2097, 147 L. Ed. 2d 105 (2000)). Judgment as a matter of law is appropriate \"when all the evidence points one way and is susceptible of no reasonable inferences sustaining the position of the nonmoving party.\" Mouser v. Caterpillar, Inc., 336 F.3d 656, 662 (8th Cir. 2003) (citation omitted). An inference is reasonable if it \"may be drawn from the evidence without resort to speculation.\" McGreevy v. Daktronics, Inc., 156 F.3d 837, 840-41 (8th Cir. 1998) (citation omitted). The court may not substitute its own judgment for that of the jury, but it may, in considering the whole record, give credence to the moving party's \"uncontradicted and unimpeached [evidence], at least to the extent that that evidence comes from disinterested witnesses.\" Kinserlow v Corp., Bid-Well Div., 217 F.3d 1021, 1025 (8th Cir. 2000) (citing Reeves, 530 U.S. at 151, 120 S. Ct. 2097). Okruhlik contends that the district court erred in overturning the jury verdict in her favor on her Title and First Amendment retaliation claims. The substance of both claims is virtually identical, but they rest on different legal grounds inasmuch as Title may serve as a basis for suit only against the University, whereas Okruhlik's First Amendment claim was brought under 42 U.S.C. \u00a7 1983 against Woods in his individual capacity. See Lenhardt v. Basic Inst. of Technology, 55 F.3d 377, 381 (8th Cir. 1995) (stating that Title \"liability for unlawful discrimination in the workplace [is] imposed only on the employing entity\"). To state a retaliation claim, consisting of the same elements under Title and the First Amendment, a plaintiff must prove that: (1) she engaged in a protected activity; (2) that the employer took an adverse employment action against her, and (3) that the two situations are causally connected. Kipp, 280 F.3d at 896 (Title VII); Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002) (First Amendment). 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 5/11 Defendants argue that the district court correctly found that Okruhlik could not have established a prima facie retaliation case because she did not suffer an adverse employment action. Okruhlik argues that Dean Woods's recommendation in fact resulted in her failure to achieve tenure and that further internal appeals beyond the vice chancellor would have been futile. She contends that the policy operating to issue her a terminal appointment when she declined to appeal the vice-chancellor's negative recommendation constitutes an adverse employment action. We are mindful of the singular nature of academic decision-making, and we lack the expertise to evaluate tenure decisions or to pass on the merits of a candidate's scholarship. We have said that \" [w]hile Title unquestionably applies to tenure decisions, judicial review of such decisions is limited to whether the tenure decision was based on a prohibited factor.\" Brousard-Norcross v. Augustana College Assoc., 935 F.2d 974, 976 (8th Cir. 1991). The Supreme Court has made it clear that \" [w]hen judges are asked to review the substance of a genuinely academic decision, ... they should show great respect for the faculty's professional judgment.\" Regents of Univ. of Mich. v. Ewing, 474 U.S. 214, 225, 106 S. Ct. 507, 88 L. Ed. 2d 523 (1985) (footnote omitted); see also Board of Curators, Univ. of Mo. v. Horowitz, 435 U.S. 78, 90, 98 S. Ct. 948, 55 L. Ed. 2d 124 (1978 plaintiff suffers an adverse employment action when the action results in a \"material employment disadvantage\" such as \"` [t]ermination, reduction in pay or benefits, and changes in employment that significantly affect an employee's future career prospects.'\" Duncan v. Delta Consol. Indus., 371 F.3d 1020, 1026 (8th Cir. 2004) (quoting Spears v. Mo. Dep't of Corrs. & Human Res., 210 F.3d 850, 853 (8th Cir. 2000)). An official denial of tenure is an adverse employment action for purposes of evaluating a retaliation claim. See, e.g., Abramson v. William Paterson Coll., 260 F.3d 265, 288 (3d Cir. 2001). The academic setting and complex nature of tenure decisions, however, distinguishes them from employment decisions generally. See Dobbs-Weinstein v. Vanderbilt University, 185 F.3d 542, 545 (6th Cir. 1999). We adopt these principles and believe it is appropriate for us to defer to campus policy in determining when an official decision on tenure has been made, particularly in light of the many intermediate recommendations involved in the process. See id. at 545-46. We do not want to turn the tenure process into potentially endless litigation over each intermediate step, and believe that a university should have the opportunity to correct errors through its complete internal appeals process that precedes its final decision. See id. at 546. \" [W]here the tenure decision was following the chain of appeal, each decision along the way is not actionable. Only the final decision is the ultimate act.\" Howze v. Virginia Polytechnic Inst. and State Univ., 901 F. Supp. 1091, 1097 (W.D. Va. 1995). 5 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 6/11 candidate may only challenge the entire process once she has utilized the prescribed process of tenure review and obtained a final university decision. At that point, a negative evaluation that became part of an employee's file, although it does not itself constitute an adverse employment action, see Jones v. Fitzgerald, 285 F.3d 705, 714 (8th Cir. 2002), may be sufficient to show discrimination or retaliation if it served as the basis for the adverse employment action. Intermediate decisions in a promotion process are similar; they do not constitute independent adverse employment actions unless they directly influence the decision-maker's choice to terminate the individual's employment. See Abramson, 260 F.3d at 286 jury may reasonably \"conclude that an evaluation at any level, if based on discrimination, influenced the decisionmaking process and thus allowed discrimination to infect the ultimate decision.\" Id. (quoting Roebuck v. Drexel Univ., 852 F.2d 715, 727 (3d Cir. 1988)). The jury may not even consider that evidence and no recovery is possible, however, if there is not an ultimate decision to review. In contrast to Abramson, where the college's president and the Board of Trustees officially denied Abramson tenure according to the school's policies, see Abramson, 260 F.3d at 268, 272, here the president never reviewed Okruhlik's candidacy because Okruhlik declined to seek review of the vice chancellor's negative recommendation. The University of Arkansas policy establishes that a final decision on tenure has not been made until the president has issued his decision. This conclusion does not automatically apply to all tenure cases and we will take a case-by-case approach, looking at the specifics of each school's policies. In this case, the president is the only official authorized to grant tenure. The president, however, \"will not consider awarding tenure to a faculty member in a probationary status without the prior recommendation of the faculty member's departmental faculty, chairperson, dean, chief academic officer, and the chief executive officer of the campus concerned.\" Board Policy 405.1 \u00a7 IV(A) (7) (emphasis added faculty candidate at the University of Arkansas, therefore, must ensure that the president receives all of the requisite recommendations in order to be officially considered for tenure. If the recommendations below are positive, the policy dictates that they will automatically proceed to the next level; if they are negative, the candidate must in several instances affirmatively seek further review by requesting reconsideration of the recommendation. For example, if the candidate receives a negative recommendation from the personnel policy committee chair or the department chair, she \"may request that the tenure application be terminated\" or may appeal for reconsideration, after which the recommendation is transmitted to the dean. See Department Policy \u00a7 III(c) (2) (b). In addition, as occurred in this case, if the candidate receives a negative recommendation from the vice chancellor, she may either choose not to seek further review or may request 6 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 7/11 review by the University's Faculty Senate Committee on Appointment, Promotion and Tenure, which would perform an independent evaluation of her tenure file, including all the prior recommendations, and would make a recommendation to the chancellor. See Evaluative Criteria, Procedures and General Standards \u00a7 III(B). Because Okruhlik failed to pursue the additional levels of review available to her after she received the negative recommendation from the vice chancellor, A.A. 342, we do not know whether the president would have decided to award tenure. We conclude that Okruhlik's decision not to appeal the vice chancellor's recommendation therefore served as a withdrawal from the tenure-review process. She did receive a terminal contract for her seventh year at the University, but that was due to the operation of the clearly established term of employment for tenure-track professors that the probationary period for such positions may not to extend beyond seven years. Board Policy 405.1 \u00a7 IV(A) (4). Okruhlik did not suffer an adverse employment action for purposes of her complaint in this case, and thus we affirm the district court's grant of judgment as a matter of law on the retaliation claims. Okruhlik also contends that the district court erred in overturning the jury verdict in her favor on her hostile work environment sexual harassment claim. She alleges that she suffered harassment in both the Middle East Studies Program and the Political Science department. She presented evidence that she was marginalized from decision-making in the program and that several men in her department participated in conversations in the office next to hers that ranged from negative and offensive statements about her to crude statements generally. To establish a prima facie case for a hostile work environment based on sexual harassment, Okruhlik must show (1) that she belongs to a protected group; (2) that she was subjected to unwelcome sexual harassment; (3) that the harassment was based on sex; and (4) that the harassment affected a term, condition or privilege of her employment. Henthorn v. Capitol Communications, Inc., 359 F.3d 1021, 1026 (8th Cir. 2004). The University properly preserved a challenge to the hostile work environment claim on the applicability of the affirmative defense established in Faragher v. Boca Raton, 524 U.S. 775, 118 S. Ct. 2275, 141 L. Ed. 2d 662 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S. Ct. 2257, 141 L. Ed. 2d 633 (1998). If no tangible employment action for which an employer may be held strictly liable has occurred, the employer is liable for sexual harassment by its employees only \"if it knew or should have known about the conduct and failed to stop it.\" Ellerth, 524 U.S. at 759, 118 S. Ct. 2257; see also Faragher, 524 U.S. at 807, 118 S. Ct. 2275 defendant may therefore assert the defense by proving the following two elements: \"(1) that the employer exercised reasonable care to prevent and 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 8/11 correct promptly any sexually harassing behavior, and (2) that the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.\" Pa. State Police v. Suders, ___ U.S. ___, 124 S. Ct. 2342, 2349, 159 L. Ed. 2d 204 (2004). The defendant bears the burden of showing that the victim unreasonably failed to take available steps to reduce the harm. Id. at 2354. Although Okruhlik experienced conflict with several of her colleagues, the University responded to Okruhlik's harassment concerns as soon as they came to light. Most of Okruhlik's conflicts with her colleagues appear to have involved disagreements over the management of academic programs. When Okruhlik went to see Dean Madison about mismanagement in the Middle East Studies Program, he responded with concern, and initiated an investigation that resulted in a restructuring of the program. The heart of Okruhlik's harassment claim, however, related to the conversations she overheard from the adjacent office that consisted of negative and even conspiratorial references to her work and job. Although the University maintains an Office of Affirmative Action (OAA), where Okruhlik could have initiated a grievance procedure to put the University on notice of the alleged harassment, she failed to do so, choosing instead not to inform anyone at the University of the conversations until after they had ended. The conversations ceased in April 1998, and it was not until the next month that Okruhlik complained to Vice- Chancellor Pederson, who then personally accompanied Okruhlik to the and arranged for her to meet with the assistant director of that office. In light of these facts, we conclude that the University was entitled to the benefit of its affirmative defense, and we thus affirm the district court's grant of judgment as a matter of law on the hostile work environment claim. The judgment is affirmed. 1 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas 2 We deny defendants' motion for sanctions, but express our displeasure over and our frustration with the lack of candor displayed by Appellant's counsel during oral argument. We expect, particularly in complicated, fact-intensive cases, that counsel will aid our understanding of the record, not confuse or hinder it 3 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 9/11 One of her colleagues, Linda Schilcher, is the plaintiff in a separate lawsuit in which we recently addressed questions of qualified immunity Schilcher v. Univ. of Arkansas, 387 F.3d 959 (8th Cir. 2004). 4 Tenure candidates in the political science department at the University of Arkansas, Fayetteville, generally participate in the following process. Three external evaluators within the political science discipline at other institutions evaluate the candidate's credentials. Department of Political Science Personnel Document, section III(C) (2) (Department Policy);see also Fulbright College Personnel Document \u00a7 V(A) (Fulbright Policy). The chair of an elected personnel policy committee (PPC) convenes a meeting with the tenured faculty in the department about the candidate and produces a report. Department Policy \u00a7 III(C) (2). The department chair makes a separate written assessment, and both reports are sent to the dean. Id. If either report is negative, the candidate may withdraw or appeal for reconsideration; on reconsideration, the department chair and the faculty reassess the application, along with any additional evidence. Id. The dean then submits all materials to an elected college personnel committee (here the Fulbright Committee) which reviews the case and makes a recommendation to the dean. Fulbright Policy \u00a7 V(D). The dean makes a recommendation and allows the candidate an opportunity to withdraw or appeal for reconsideration before forwarding it on to the Vice Chancellor for Academic Affairs. Id. The vice chancellor reviews the materials and makes a recommendation. See Evaluative Criteria, Procedures and General Standards, \u00a7 III(B). If the vice chancellor's recommendation is negative, the candidate may request review by the Faculty Senate Committee on Appointment, Promotion and Tenure, which performs an independent evaluation and makes a recommendation to the chancellor. Id. The chancellor then makes a final recommendation to the President and the Board of Trustees. Id. The President makes the final tenure decision. Board Policy 405.1 \u00a7 IV(A). 5 Okruhlik also argues that the district court's grant of judgment as a matter of law was procedurally flawed because the defendants failed to specify in their pre-verdict motion the grounds that they later argued in their post-trial motion See Fed. R. Civ. P. 50(b). We disagree. Although it is true that a post-trial motion for judgment as a matter of law may not raise additional grounds that the party did not raise in a pre-verdict motion, Walsh, 332 F.3d at 1158, the grounds are considered to be sufficiently raised if the district court and the nonmoving party are apprised of the basis for the motion. Lawrence v Transp., Inc., 340 F.3d 486, 491 n. 2 (8th Cir. 2003). Technical precision in stating the 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 10/11 grounds for the motion is not necessary. Jarvis v. Sauer Sundstrand Co., 116 F.3d 321, 323 n. 4 (8th Cir. 1997). In this case, the defendants raised challenges to all the claims at issue here pre-verdict, both after Okruhlik's evidence and after their evidence. The defendants discussed the issue of adverse employment action and the district court was aware that they were questioning both the existence of an adverse employment action and the existence of causation on the retaliation claims. In their final pre-verdict motion, the defendants reiterated the same arguments. Immediately after the verdict was entered, the defendants stated that they intended to submit both judgment-as-a-matter-of-law and Rule 59 motions, and then proceeded to do so. Accordingly, we conclude that the relevant grounds were sufficiently preserved. 6 In defining \"tenure,\" Board Policy 405.1 states that \" [t]enure is the right of continuous appointment. It is awarded by the President to eligible members of the faculty upon successful completion by each of a probationary period.\" The policy clearly differentiates tenure from other employment decisions, such as reappointment for non-tenured faculty members, for which the final decision is made by the dean and the vice chancellor for academic affairs. Board Policy 405.1 \u00a7 IV(B) Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/27/25, 7:03 Gwenn Okruhlik, Plaintiff/appellant, v. University of Arkansas, Defendant/appellee,donald O. Pederson, in His Official Capacity; Ber\u2026 11/11", "7624_103.pdf": "8TH v. University of Arkansas, et al., Defendants. (2007) United States Court of Appeals,Eighth Circuit. Sarah COX, Plaintiff-Appellee, v. B. Alan SUGG, President of the University of Arkansas, in his official and individual capacities, et al., Defendants-Appellants, University of Arkansas, et al., Defendants. No. 06-2311. Decided: April 27, 2007 Before LOKEN, Chief Judge and RILEY, Circuit Judges. Scott Varady, (argued), Fayetteville, AR, for appellant. Robert Depper, Jr., (argued), Eldorado, AR, for appellee. Sarah Cox commenced this action against the University of Arkansas at Fayetteville and various individual defendants asserting claims under 42 U.S.C. \u00a7 1983, Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681 et seq., and state law. All the claims are based upon alleged sexual harassment by Professor Mark Cory while Cox was an undergraduate student. Defendants filed motions to dismiss or for summary judgment. The district court dismissed the Title claims, all damage claims against the individual defendants in their official capacities, a conspiracy claim under 42 U.S.C. \u00a7 1985, and certain tort claims against Cory. Without addressing the alternative motions for summary judgment, the court denied the Rule 12 motions to dismiss the \u00a7 1983 claims for prospective relief against the University administrators in their official capacities, the \u00a7 1983 and Arkansas constitutional damage claims and the breach of fiduciary duty claims against the individual defendants, and the tort of outrage claim against Cory. The individual defendants other than Cory appeal the district court's denial of their motion to dismiss the \u00a7 1983 damage claims on grounds of qualified immunity. We conclude that these defendants are entitled to summary judgment on the merits of all the remaining \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 1/12 federal claims. Accordingly, we reverse with directions to sever the claims against these defendants and to dismiss the state law claims against them without prejudice. I. Cox's complaint alleged that in the fall of 2003, at the start of her senior year, she went to the home of Professor Cory, her faculty advisor, to write a summary of her junior year studies in France and a grant proposal. After dinner, Cory made sexual overtures, kissed Cox, undressed her, held her down on his bed, and said he wanted sex from her for the next year. Later in the fall, Cory attempted to contact Cox, which resulted in two \u201cemotionally distressing\u201d meetings. When Cox reported the incidents to University officials, she was told that Cory had engaged in this type of behavior with other students in the past, yet Cox was not aware of any \u201cformal discipline\u201d against him. She further alleged that the University \u201chad and has policies and/or customs that tolerated, approved, condoned, and/or allowed such behavior by Cory.\u201d Cox asserted sixteen federal and state law tort claims against the University; against University President Alan Sugg, University Chancellor John White, and Professor Cory in their official and individual capacities; and against various categories of University employees named as \u201cJohn Doe\u201d defendants. Defendants promptly filed motions to dismiss or for summary judgment. In support of their motion for summary judgment, the University and the individual defendants other than Cory submitted supporting affidavits, declarations, and documents. An affidavit by Kathryn Fairchild, the University's Grievance Officer and Assistant Director of the Office of Affirmative Action, presented the following background facts that were later recited by the district court in its order under review. In April 2004, the father of a female student complained to the Office of Student Affairs that his daughter and at least four other female students were accusing Professor Mark Cory of sexual harassment. Fairchild responded. She asked the father to identify the students because the risk of further misconduct made prompt action important. The father declined, telling Fairchild that his daughter would contact her after the spring semester concluded in mid-May. On May 12, Fairchild met with the student and urged her to persuade the others to come forward. Later that day, Sarah Cox contacted Fairchild. Cox accused Cory of inviting her to his home in the fall of 2003 to work on a paper and then undressing her and getting into bed with her. Cox told Cory she did not want to have sex and left. Cox claimed that contacts with Cory after this encounter, including his proposal that they go away for a weekend together, made her uncomfortable. Fairchild asked Cox why she had not previously reported Cory's behavior. Cox replied \u201cthat men reacted to her in this way all the time.\u201d Fairchild advised University administrators of Cox's allegations. One week later, Cory was forced to resign. 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 2/12 Fairchild further averred that her duties included investigating all complaints of sexual harassment. Prior to the first student's complaint on May 12, she \u201chad never received any student complaints of sexual harassment against Dr. Cory.\u201d Likewise, University President Sugg and Chancellor White declared that neither Cox nor any other student had ever reported sexual harassment by Cory until just before he was asked to resign. The documents submitted in support of the motion for summary judgment included the University's lengthy written policy prohibiting sexual harassment of students, faculty, staff, and visitors. The policy defined sexual harassment as including unwelcome sexual advances or requests for sexual favors when submission to the request \u201cis made either implicitly or explicitly a term or condition of \u2024 academic status or advancement,\u201d or when the conduct unreasonably interferes with an individual's academic performance. The policy further explained: Any student \u2024 who has experienced or witnessed sexual harassment is strongly urged to report it. The university must know about incidents of sexual harassment in order to stop them, protect victims, and prevent future incidents. The policy advised students to report allegations of sexual harassment to the University's complaint officer and instructed the complaint officer to investigate \u201cevery allegation.\u201d Fairchild averred that the policy was published in the University's undergraduate student, graduate student, and faculty handbooks for the 2003-2004 school year, and on its web page. Cox responded to the summary judgment motion with affidavits by herself and by another female student who alleged sexual harassment by Professor Cory. Cox averred that she is currently a law student at the University; that Cory's sexual advances in the fall of 2003 were non-consensual; that she has never seen the sexual harassment policy and did not recall receiving a student handbook; that she did not know she could report sexual harassment; that she was worried her allegations would not be believed; and that the University did not tell students \u201cwith regularity\u201d how to report sexual harassment. Therefore, \u201cas far as the students are concerned, the University simply gave sexual harassment lip service.\u201d II. This is an appeal from the denial of qualified immunity, a limited exception to the final judgment rule designed to spare government officials who are entitled to qualified immunity the burden and expense of litigation. See Behrens v. Pelletier, 516 U.S. 299, 305-08, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996). However, to be appealable, an otherwise interlocutory order must address the collateral issue of qualified immunity. If the district court instead enters an interlocutory order that ignores a timely claim of qualified immunity, our proper course is to remand with instructions to consider the qualified immunity issue. See Schatz Family ex rel. Schatz v. Gierer, 346 F.3d 1157, 1160 (8th Cir.2003). Here, after 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 3/12 reciting background facts contained in the parties' summary judgment papers, the court's order denied defendants' motion to dismiss on the ground of qualified immunity, noting that the issue \u201cmight be better addressed in a summary judgment motion\u201d after discovery. It was error not to treat defendants' alternative motion as one for summary judgment, see Fed.R.Civ.P. 12(c), particularly when Cox submitted a factual response and did not assert a need for more discovery before the summary judgment motion could be decided, as Rule 56(f) expressly allows. Because the district court addressed the merits of the qualified immunity issue, we have jurisdiction to review its resolution of that issue. See Jones v. Coonce, 7 F.3d 1359, 1365 (8th Cir.1993). III. Qualified immunity protects \u201cgovernment officials performing discretionary functions \u2024 from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\u201d Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The first step in the qualified immunity analysis is to determine \u201cwhether the plaintiff has alleged a deprivation of a constitutional right at all.\u201d County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998). Cox alleges that she is entitled to damages and injunctive relief under \u00a7 1983 because President Sugg, Chancellor White, and the John Doe defendants \u201ctolerated, allowed, permitted, condoned, and/or approved of inadequate policies, procedures, customs, and/or usages that resulted in\u201d Professor Cory engaging in sexual harassment that violated her constitutional rights under the Fourteenth Amendment. To avoid summary judgment in favor of a particular defendant on this \u00a7 1983 claim, Cox must make an adequate showing of \u201c(1) violation of a constitutional right, (2) committed by a state actor, (3) who acted with the requisite culpability and causation to violate the constitutional right.\u201d Shrum ex rel. Kelly v. Kluck, 249 F.3d 773, 777 (8th Cir.2001). President Sugg, Chancellor White, and the John Doe defendants had no direct contact with Cox at the time in question. Thus, any violation of her constitutional rights must have been committed by Professor Cory, yet Cox's brief on appeal fails to identify the Fourteenth Amendment right allegedly violated. Nor did the district court focus on this critical threshold question. Though troubling, the omission is not fatal number of our prior decisions have stated, albeit with little or no analysis, that \u201c[s]exual harassment by state actors violate[s] the Fourteenth Amendment and establishes a section 1983 action.\u201d Wright v. Rolette County, 417 F.3d 879, 884 (8th Cir.2005), cert. denied sub nom. Sims v. Wright, --- U.S. ----, 126 S.Ct. 1338, 164 L.Ed.2d 53 (2006). Typically, these decisions identify the Equal Protection Clause as the relevant constitutional provision. Thus, we assume without deciding that Cox presented sufficient evidence that Professor Cory as a state actor committed a constitutional violation in sexually harassing Cox.1 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 4/12 Cox's \u00a7 1983 claim against Professor Cory is not before us. Rather, the issue is whether she presented sufficient evidence of culpability and causation by high ranking University officials to avoid summary judgment in their favor. In general, supervisors in this position are liable under \u00a7 1983 for a subordinate's violation of a third person's constitutional right only if their deliberate indifference to the offensive conduct and failure to take adequate remedial action proximately caused the injury. See Ottman v. City of Independence, Mo., 341 F.3d 751, 761 (8th Cir.2003); Larson by Larson v. Miller, 76 F.3d 1446, 1453 (8th Cir.1996) (en banc). Deliberate indifference is a \u201cstringent standard of fault.\u201d Shrum, 249 F.3d at 780, citing Bd. of County Comm'rs v. Brown, 520 U.S. 397, 410, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997). It requires proof of reckless disregard of a risk of constitutional harm. Pietrafeso v. Lawrence County, 452 F.3d 978, 982-83 (8th Cir.2006). In this case, the issue is complicated by the nature of the \u00a7 1983 claims asserted. An educational institution may be liable under Title for a teacher's sexual harassment of a student. See Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 281, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998). However, because Title only prohibits discrimination by federal grant recipients, a supervisory school official may not be sued in his individual capacity, either directly under Title or under \u00a7 1983 based upon a violation of Title IX. Kinman v. Omaha Pub. Sch. Dist., 171 F.3d 607, 610-11 (8th Cir.1999).2 But what about \u00a7 1983 claims of unconstitutional sexual harassment by a teacher at an institution that receives Title funding? To our knowledge, no court has pondered the remedial dilemma inherent in this situation. If the constitutional prohibition is as broad as the Title prohibition, as our cases generally suggest, then allowing a \u00a7 1983 constitutional action against the institution's Title policymakers would trump the Supreme Court's careful crafting of the implied statutory damage action under Title IX. We doubt the Supreme Court would interpret \u00a7 1983 so broadly. The dilemma is resolved, at least in this case, if we measure the individual defendant's liability under \u00a7 1983 for alleged constitutional violations by the standards of the institution's Title liability established in Gebser. Accord Hayut v. State Univ. of N.Y., 352 F.3d 733, 753-54 (2d Cir.2003). In Gebser, the Supreme Court held that a private plaintiff is not entitled to damages under Title for a teacher's sexual harassment unless an official of the grant recipient with authority to address harassment complaints had actual notice of the teacher's alleged misconduct, and the official's inadequate response amounted to deliberate indifference to the discrimination. The institution's \u201casserted failure to promulgate and publicize an effective policy and grievance procedure for sexual harassment claims\u201d is not enough to satisfy this rigorous standard. 524 U.S. at 290-92, 118 S.Ct. 1989; see Grandson v. Univ. of Minn., 272 F.3d 568, 575-76 (8th Cir.2001), cert. denied, 535 U.S. 1054, 122 S.Ct. 1910, 152 L.Ed.2d 820 (2002). Here, it is plain that Cox failed to present sufficient proof that President Sugg, Chancellor White, or any of the John Doe defendants had actual notice of Professor Cory's alleged sexual harassment, responded inadequately to Cory's misconduct when they learned of it, or exhibited deliberate indifference to the 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 5/12 problem of sexual harassment at this major public university. Cox admits she did not report Cory's misconduct before her May 12, 2004, meeting with Grievance Officer Fairchild. Cox submitted no evidence refuting the sworn declarations of Fairchild, Sugg, and White that they had no knowledge of sexual harassment by Cory before that day. It is undisputed that University officials forced Cory to resign within one week of first learning of his alleged misconduct. Though Cox complains that the University should have disciplined Cory more publicly, this is not sufficient evidence of an inadequate response, much less of deliberate indifference. Finally, defendants submitted uncontroverted evidence of a strong, published policy against sexual harassment of students and others in the University community. Cox does not argue that the policy was substantively inadequate. Rather, she complains that the policy was inadequately publicized to students and argues that it was an obvious failure because five female students did not come forward to report sexual harassment by Professor Cory. But allegations of an insufficiently publicized policy do not support a damage claim under Gebser, nor do they establish the proof of deliberate indifference required by our other cases. See S.J. v. Kansas City Mo. Pub. Sch. Dist., 294 F.3d 1025, 1029 (8th Cir.2002); Shrum, 249 F.3d at 780; Thelma D. v. Bd. of Educ. of City of St. Louis, 934 F.2d 929, 935 (8th Cir.1991). For these reasons, we conclude that President Sugg, Chancellor White, and the John Doe defendants are entitled to qualified immunity from Cox's \u00a7 1983 damage claims because she submitted insufficient evidence that any of these defendants acted on behalf of the University with the requisite culpability to cause the violation by Professor Cory of Cox's right as a student to be free from sexual harassment. Of course, qualified immunity does not insulate these defendants from Cox's \u00a7 1983 claims for equitable relief. See Grantham v. Trickey, 21 F.3d 289, 295 (8th Cir.1994). However, these defendants are entitled to qualified immunity because Cox's \u00a7 1983 claims fail on the merits-for lack of a showing that they violated her constitutional (or Title IX) rights. This conclusion necessarily resolves the merits of her claims for equitable relief as well. Accordingly, we have jurisdiction to order dismissal of the claims for equitable relief. See Kincade v. City of Blue Springs, Mo., 64 F.3d 389, 395 (8th Cir.1995), cert. denied, 517 U.S. 1166, 116 S.Ct. 1565, 134 L.Ed.2d 665 (1996). IV. The University and the individual defendants other than Cory moved to dismiss or for summary judgment three months after Cox filed her complaint. The district court dismissed many federal claims against these defendants. We now conclude that summary judgment must be granted on the remaining federal claims as well. To this extent, the district court's May 3, 2006, order is reversed in part. The federal and state law claims now pending against former Professor Cory in the district court are analytically distinct, and the court has expended little time and effort on the state law claims against the defendants other than Cory. Therefore, we remand the case with directions to sever the claims against Mark Cory, to dismiss all federal claims against the remaining defendants with prejudice, and to dismiss all state law 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 6/12 claims against the remaining defendants without prejudice. See 28 U.S.C. \u00a7 1367(c)(3); cf. Fielder v. Credit Acceptance Corp., 188 F.3d 1031, 1039 (8th Cir.1999 1. It seems to us that many types of conduct that would be actionable sexual harassment under Title or Title would not be constitutional torts under conventional equal protection or substantive due process analysis. We leave that issue for another day. 2. Not all circuit courts agree. See Delgado v. Stegall, 367 F.3d 668, 674 (7th Cir.2004) (collecting cases). In the district court, Cox admitted that she has no cause of action against the individual defendants under Title IX. Then at oral argument, she suggested for the first time that defendants' alleged violation of her rights under Title can establish liability under \u00a7 1983. This \u00a7 1983 theory was not timely raised. In any event, it is barred by our decision in Kinman. LOKEN, Chief Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 7/12 Go to Learn About the Law v. University of Arkansas, et al., Defendants. (2007) Docket No: No. 06-2311. Decided: April 27, 2007 Court: United States Court of Appeals,Eighth Circuit. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. 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Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 11/12 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:04 v. University of Arkansas, et al., Defendants. (2007) | FindLaw 12/12"} |
7,517 | David Brule | Purdue University | [
"7517_101.pdf",
"7517_102.pdf"
] | {"7517_101.pdf": "Purdue pays $200K in sexual harassment settlement Joseph Paul Journal & Courier Published 10:58 a.m May 27, 2016 Updated 3:44 p.m May 28, 2016 Valparaiso woman received a $200,000 settlement from Purdue University on complaints she was sexually harassed by two professors on the West Lafayette campus, according to The Associated Press. The settlement was reached out of court after Mary Christine Alwan filed civil rights complaints with the U.S. Department of Education and the Equal Employment Opportunity Commission, according to a report by AP. The alleged harassment occurred in the 2014-15 school year by professors David Brule and Glenn Parker, said Alwan's attorney, Andrew Spica. One professor reportedly made sexually explicit comments, while another gave the woman \"a fully nude photo of himself,\" according to the report. \"All too often these type of situations are swept under the rug,\" Spica said. \"In this particular case, Ms. Alwan expressed a desire to step forward despite how tramautic this incident has been for her.\" Alwan was a graduate student and teaching assistant at the time. Both professors were allowed to resign, according to the report. Purdue issued a statement Friday regarding the settlement, saying officials could not comment further \"out of respect for the confidentiality of all parties involved.\" \"The professors are no longer university employees,\" according to a statement issued by Purdue spokesperson Brian Zink. \"With respect to the underlying charge, Purdue acted swiftly to address the conduct well before the charge was filed.\" 2/27/25, 7:04 Purdue University pays $200K in sexual harassment settlement 1/1", "7517_102.pdf": "Purdue University handles Sexual Harassment Complaints Indiana female employee, Mary Christine Alwan (Valparaiso woman), at Purdue University claims she suffered sexual harassment from two professors, David Brule, and Glenn Parker, on the West Lafayette campus. In addition to her employment with the university, Alwan was also a graduate student civil rights claim was filed in the U.S. Department of Education as well as the for workplace sexual harassment that took place during the 2014-2015 academic year. The civil rights claim resulted in a settlement outside of court. The civil rights lawsuit claimed that Alwan endured \u201csexually explicit comments\u201d from one professor, and \u201ca fully nude photo\u201d from another professor. According to Alwan\u2019s sexual harassment lawyer, the sexual harassment was a traumatizing experience for her client. The sexual harassment lawsuit also acknowledged that, \u201call too often these type of situations are swept under the rug.\u201d Fortunately, Alwan\u2019s bravery to come forth and inform others about the experience she faced exceeds remarkable. The average woman would\u2019ve allowed all that she represents to conquer the inner feeling encouraging her to speak up. Privacy - Terms Female Employee wins 200k from Purdue in a Sexual Harassment Settlement Derek Smith Law Group \u00bb Female Employee wins 200k from Purdue in a Sexual Harassment Settlement 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 1/7 According to the Associated Press, the civil rights lawsuit has been settled for 200k. In addition to the compensation Alwan received, both professors have departed from the university, which allows Alwan to continue her studies and employment at Purdue University comfortably. Purdue University breaks the Sexual Harassment Cycle There is a common cycle regarding sexual harassment in the workplace. It starts with an employee experiencing sexual harassment by a co- worker, supervisor, or someone within one\u2019s job. In most cases, the victim rebuffs unwanted physical advances, inappropriate sexual comments, and other factors connected to sexual harassment. For some reason, with rejection comes retaliation. In addition to an unwanted sexual harassment experience, the employee faces workplace retaliation. Retaliation could come in various forms such as an unnecessary strict discipline, a delayed promotion, or even termination. On one hand, there is a chance that multiple sexual harassment complaints have been filed prior to the retaliation phase, and the Human Resources division have either ignored the sexual harassment complaints or blatantly refrained from conducting an investigation that examines the allegations more closely. On the other hand, an employee who suffers from the fear of losing his or her job may have eliminated the idea of filing complaints throughout the negative experience, which makes tracking the ongoing sexual harassment harder to prove. After the retaliation phase, the employee usually seeks legal representation from a sexual harassment lawyer in order to understand his or her rights, ask all questions, and discover the best way to defend one\u2019s rights based on the type of retaliation they experienced. 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 2/7 The entire sexual harassment cycle is exhausting. Utilizing a court and great judgment of a designated jury to resolve a workplace sexual harassment issue is even more tiring. In order to eliminate, a long and drawn out pending litigation, individuals who have been accused of workplace sexual harassment or the company they work for tends to settle the sexual harassment lawsuit outside of court. Purdue University followed the settlement approach. They also let the two professors resign from the university. It\u2019s not every day that one comes across a University that works diligently to rectify a sexual harassment complaint, award the appropriate compensation, and ensure that the university never have the sexual harassment issue again from the former employees. Alwan managed to escape the sexual harassment cycle due to Purdue\u2019s breach in the sexual harassment cycle. Purdue is withholding all comments on the sexual harassment settlement \u201cout of respect for the confidentiality of all parties involved.\u201d Sexual Harassment Lawyers are Available Unlike Purdue University, a lot of campuses fail to respond in favor of the victim. Purdue\u2019s sexual harassment settlement is a great way to display how campuses should react to sexual harassment in the workplace. If you are a campus employee in New York City, Miami, New Jersey, or Philadelphia in need of a sexual harassment lawyer, contact us at 800- 807-2209 for a free consultation. Our attorneys are available to review your claims and prepare a solid case to recover the damages and justice you deserved. Posted on May 27, 2016 Categories Employment Laws, New Jersey Lawyer, New York City Lawyer, Philadelphia lawyer, Sexual Harassment Tags co-worker sexual harassment, David Brule, EEOC, Glenn Parker, Mary Christine Alwan, Purdue University sexual 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 3/7 harassment, sexual harassment Law, sexual harassment settlements, sexual joking, unwanted physical advances, Workplace Sexual harassment Related Blogs Sexual Harassment: The Victim Is Never At Fault Sexual Harassment, Minimum Wage Changes: How These Laws May Affect You Twerking Employees and Other Lewd Misconduct Happening on The Grand Canyon River Share this Content Recent Posts Understanding Defamation: Types, Laws, and Legal Remedies Understanding Your Workplace Rights as a Pregnant Employee Understanding the Gender-Motivated Violence Protection Act and what is means for victims Honoring Lilly Ledbetter: Fighting for Wage Equality and Employee Rights Sean \u201cDiddy\u201d Combs\u2019 Charges Highlight Workplace Harassment: What This Means for Victims of Workplace Misconduct Categories Child Sexual Abuse 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 4/7 compensation discrimination Disability Discrimination Discrimination Law employment contract Employment Discrimination Employment Law Employment Laws Family and Medical Leave Act Gender Discrimination Hostile Works Environment New Jersey Lawyer New York City Lawyer Philadelphia lawyer Pregnancy Discrimination pregnancy law Race Discrimination Rape & Sexual Assault Reasonable Accommodation Sexual Abuse Sexual Assault Sexual Harassment Sexual Orientation Discrimination Uncategorized Wage & Hour Law 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 5/7 Wage & Hour Violations wage and hour violation Wage Discrimination Wrongful Termination 1. We Get Results 2. We are Available For You 24/7 3. No Fees Unless You Win 4. Client-Focused Representation 5. Result-Driven Advocacy Full Name Email Address Telephone Number Preferred Office Message Send Information 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 6/7 Our Practice Areas and Locations We Serve Our Office Locations As seen On Follow us: Your email address \u00a9 2025. All Rights Reserved. | Site Map | Terms & Conditions | Design & Developed by Web Search Engineering New York Office One Pennsylvania Plaza, Suite 4905 New York 10119 Tel: (212) 587-0760 New Jersey Office 73 Forest Lake Drive Hewitt New Jersey 07421 Tel: (973) 388-8625 Philadelphia Office 1628 Pine Street, Philadelphia 191 Tel: (215) 391-4790 2/27/25, 7:04 Female Employee wins 200k from Purdue in a Sexual Harassment Settlement - Sexual Harassment Attorney New York City | Phila\u2026 7/7"} |
7,687 | Eric Marlow | University of Central Oklahoma | [
"7687_101.pdf",
"7687_102.pdf"
] | {"7687_101.pdf": "Lawsuit involving former University of Central Oklahoma debate coach settled out of court Silas Allen Published 12:00 a.m Sept. 1, 2012 sexual harassment lawsuit involving a former University of Central Oklahoma debate coach was settled out of court this week group of 12 former employees and students brought the suit against former debate coach Eric Marlow, alleging he sexually harassed a female student, used drugs in the classroom and intimidated debate team members and coaches. The suit also names the university, College of Liberal Arts Dean Pamela Washington and the Board of Regents of Oklahoma Colleges, now called the Regional University System of Oklahoma. The suit, filed in federal court in Oklahoma City, alleges Marlow, 45, pressured a female student to have sex with him and gave her drugs and alcohol beginning in 2009. The lawsuit was settled Monday, according to court records. Terms of the settlement weren't released spokeswoman Adrienne Nobles wouldn't give details of the agreement, citing a nondisclosure statement attached to the settlement. Marlow no longer works at UCO. He was employed at the university through Dec. 31, 2010, Nobles said. She wouldn't give further details about his employment at the university, including records of disciplinary actions. Oklahoma open records law requires that public bodies disclose all records of disciplinary actions resulting in loss of pay, suspension, demotion or termination. The Oklahoman filed an open records request for those documents Friday. The request is pending. 2/27/25, 7:05 Lawsuit involving former University of Central Oklahoma debate coach settled out of court 1/2 The suit was filed in September 2010 in Oklahoma County District Court, and was later moved to federal court. In the original suit, students claimed they were \u201cpressured to party with Marlow\u201d during out-of-town debate tournaments. The suit also alleges Marlow smoked marijuana in the school's debate room and hallways of the university's liberal arts building, and while driving to debate tournaments. The suit alleges Marlow sexually harassed a female freshman, threatened to take away her scholarship and sent intimidating photos and text messages via phone and Facebook. Three former employees allege in the suit they were the target of retaliation for complaining about Marlow's conduct. Jeff Roberts, an assistant director of debate; his wife, Halli Tripe-Roberts, a debate coach and judge; and Andrew Casey, an assistant debate coach, claimed they notified Washington about the female student's accusations in January 2010, and were later fired during the spring 2010 semester. An active phone number for Marlow couldn't be found. Plaintiffs in the suit declined to comment on the settlement, citing the nondisclosure agreement. 2/27/25, 7:05 Lawsuit involving former University of Central Oklahoma debate coach settled out of court 2/2", "7687_102.pdf": "(/) Upcoming Event (/SUBSCRIBE/) ( UCO-lawsuits-bbf-3_11-19-12.jpg student walks by a fountain on the University of Central Oklahoma campus in Edmond. (Photo by Brent Fuchs) Home(/) > Law payouts: Records show school settles 2 lawsuits for $157,500 payouts: Records show school settles 2 lawsuits for $157,500 By : Brianna Bailey ( // November 16, 2012 // 3 Minute Read alrecord.com%2F2012%2F11%2F16%2Fuco-payouts- 0school%20settles%202%20lawsuits%20for%20$157,500) (mailto:?subject payouts: Records show school settles 2 lawsuits for $157,500&body \u2013 The University of Central Oklahoma paid out $150,000 to settle a lawsuit with 12 former students and employees who claimed a former debate team coach used drugs in... You can read the content in details following link https%3A%2F%2Fjournalrecord.com%2F2012%2F11%2F16%2Fuco- payouts-records-show-school-settles-2-lawsuits-for-157500- law%2F) Listen to this article \u2013 The University of Central Oklahoma paid out $150,000 to settle a lawsuit with 12 former students and employees who claimed a former debate team coach used drugs in the classroom and coerced a female freshman into having sex with him through a campaign of harassment and intimidation. The terms of the debate team settlement were subject to a confidentiality agreement, but The Journal Record filed a public records request to obtain the information. The parties agreed to settle the debate team lawsuit in August after a two-year court case. The university spent more than $106,000 in legal costs to defend the lawsuit, according to information culled from a public records request. The debate team lawsuit is the second the school has settled this year involving charges of inappropriate behavior by employees, according to court records. In August, the school also settled a lawsuit with a former employee named Susan E. Smith, who claimed she experienced discrimination on the basis of her age and religion while working at UCO\u2019s campus activities and events department. In her lawsuit, Smith claimed that her supervisor, Kaineen Robinson, who serves as director of campus activities and events, promoted an environment rife with sexually inappropriate behavior, which included sexually explicit discussions during a staff meeting and showing employees a photograph of a scantily clad man on her computer. Robinson also allegedly Journal Record Daily Newsletter Sign up for your daily digest of Oklahoma News. By signing up you agree to our Privacy Policy ( policy/) Sign In (/user-login/?dmcss=login) Select Region or Brand Manage account (/manage-account-fc/) 2025 News (/category/general- news/) Events (/journal- record- events/) Leads & Data (/data- center/) Public Notices ( notice/) Classifieds ( Advertise (/advertise/) Press Releases ( on-the-move/) Search... Email: * Enter your email address Industry Select Your Industry Law ( Unsealed indictments reveal illegal p sales, gambling Multi-County Grand Jury indicted Andrea McNeely f illegal marijuana sales and Zhong Chen for ope[...] ( indictments-reveal-illegal-pot-sales-gamb Briefs ( 2/27/25, 7:05 payouts Records show school settles 2 lawsuits for 157,500 The Journal Record 1/5 poked fun at Smith\u2019s Christian religious beliefs and made political statements at the office that made Smith uncomfortable, she claimed in her lawsuit. The lawsuit was filed in April 2011 in U.S. District Court for the Western District of Oklahoma. Smith also claimed that she was forced to attend a mandatory employee retreat at a co-worker\u2019s house where cookies were served that were shaped like male and female body parts. Robinson ate the cookies in a sexually suggestive manner, making Smith uncomfortable, according to the lawsuit. Smith claimed that wrongfully fired her after she complained to co-workers about Robinson\u2019s sexual remarks. The school settled the lawsuit with Smith for $7,500, according to a public records request. The Oklahoma attorney general\u2019s office defended in the lawsuit and the school incurred no legal costs. The money to settle the debate team lawsuit and Smith\u2019s lawsuit came from the school\u2019s education and general funds, which includes state-appropriated money. In a written statement, Charlie Johnson, vice president for university relations at UCO, said the school provides training to all of its employees on harassment and discrimination is committed to providing a safe, healthy environment for our faculty, staff and students,\u201d Johnson said in the statement. \u201cFor many years, this commitment has included providing specific training for the campus in areas that affect us all, including training on all types of harassment and discrimination.\u201d The university provided several training sessions led by an employment law attorney to its employees as recently as October, Johnson said. \u201cThis kind of training is essential to as it fosters an environment of mutual respect among our students, faculty and staff, while teaching us how to protect ourselves, our university, and our community from situations that may have very serious consequences,\u201d he said. In their lawsuit, the former students and employees claimed that former debate coach Eric Marlow threatened to take a scholarship away from Tia Robertson, a freshman on the debate team at the time, if she didn\u2019t have sex with him. Plaintiffs claimed Marlow pressured other members of the debate team to drink and smoke marijuana with him and he bought and used drugs in a classroom in front of students. When debate team staffers Jeff Roberts, Andrew Casey and Halli Tripe-Roberts complained about Marlow\u2019s behavior retaliated by creating a hostile work environment, according to the lawsuit. Ramona Wolf, an attorney for the plaintiffs in the debate team lawsuit, declined to comment on the settlement, because of a confidentiality agreement. ReMerge to break ground on $4.5M Graduate Center ReMerge will break ground on its $4.5M Graduate Ce on March 5, expanding support for high-risk m[...] ( to-break-ground-on-4-5m-graduate-center/ Aerospace ( g- Aerospace forum to spotlight innovation, defense Oklahoma City will host the seventh annual Oklahoma Aerospace Forum, sponsored by Oklahoma ACES, on ( forum-to-spotlight-innovation-defense/) 2/27/25, 7:05 payouts Records show school settles 2 lawsuits for 157,500 The Journal Record 2/5 Related Content (/) ) Public Notices ( notice/) Classifieds ( Advertise (/advertise/) Press Releases ( on-the-move The Journal Record is an award-winning daily general business and legal publication that includes a daily print newspaper and a 24/7 website. Both focus on local and statewide business trends and in-depth stories that convey the voice of the Oklahoma business community. The U.S. Supreme Court overturned Richard Glossip\u2019s murder conviction and death sentence, ruling his trial v[...] February 25, 2025 ( court-throws-out-richard-glossips-death- sentence/) Supreme Court throws out Richard Glossip\u2019s death sentence Federal judge rules Trump\u2019s mass layoffs of federal workers can proceed despite union opposition. February 21, 2025 ( allows-trumps-mass-federal-layoffs-to- proceed/) Judge allows Trump\u2019s mass federal layoffs to proceed Fred H. Miller, a longtime University of Oklahoma law professor and leading expert on the Uniform Commercial C[...] February 20, 2025 ( ou-law-professor-fred-h-miller-dies-at-87/) Former Law professor Fred H. Miller dies at 87 study finds Google\u2019s search quality is declining\u2014possibly by design\u2014just as a court rules the tech gia[...] February 20, 2025 ( google-making-search-worse-to-sell-more- ads/) Is Google making search worse to sell more ads Multi-County Grand Jury indicted Andrea McNeely for illegal marijuana sales and Zhong Chen for operating a m[...] February 19, 2025 ( indictments-reveal-illegal-pot-sales- gambling/) Unsealed indictments reveal illegal pot sales, gambling Attorney General Pam Bondi orders the transfer of George John Hanson to Oklahoma for execution following a 199[...] February 15, 2025 ( orders-federal-inmate-transferred-to- oklahoma-for-execution/) Bondi orders federal inmate transferred to Oklahoma for\u2026 2/27/25, 7:05 payouts Records show school settles 2 lawsuits for 157,500 The Journal Record 3/5 <?php print Login (/user-login/? dmcss=login) Subscribe (/subscribe/) Manage Account (/manage-account-fc) Group Subscription ( 0025/t/page/fm/0) Subscriber Agreement ( agreement About Us (/about/) Contact Us (/contact- us/) Accessibility Statement (/accessibility- statement Advertise (/advertise/) Free eGuide (/eguide/) Print Advertising (/print- advertising/) Classified Advertising (/classified- advertising/) Media Kit (/media-kit ( ( ( journal-record) ( Get our free e-alerts & breaking news notifications! Enter your email address Select Your Industry 2/27/25, 7:05 payouts Records show school settles 2 lawsuits for 157,500 The Journal Record 4/5 ( k.newsmemory.com/) ( ok.newsmemory.com/ssindex.php) ubscribe (/subscribe) for access to the latest digital and special editions. \u00a9 2025 BridgeTower Media. All rights reserved. Use of this website is subject to its Terms of Use ( | Privacy Policy ( | Your California Privacy Rights/Privacy Policy ( | Do Not Sell My Info/Cookie Policy ( 2/27/25, 7:05 payouts Records show school settles 2 lawsuits for 157,500 The Journal Record 5/5"} |
7,894 | Karen Lopez Austen | Weatherford College | [
"7894_101.pdf",
"7894_102.pdf",
"7894_103.pdf",
"7894_104.pdf"
] | {"7894_101.pdf": "Jefferson K. Brim Richard L. Arnett Mark W. Robinett & ROBINETT, P.C. Attorneys at Law 2525 Wallingwood Building 14 Austin. Texas 78746 (512) 328-0048 (512) 328-4814 July 6, 2015 Norma J. Cantu Corey E. Tanner Brandon Y. Brim Lisa J. Soto, Of Counsel To whom it may concern represented Dr. Karen Lopez Austen in her appeal in Austen v. Weatherford Coll., 564 F. App'x 89 (5th Cir. 2014). In that case, the Court of Appeals made some unusual rulings by implying, if not outright declaring in so many words, that the truth doesn't matter, facts don't matter, and evidence doesn't matter. Dr. Lopez Austen was a successful professor of kinesiology at Weatherford Junior College when she reported hostility and aggressive behavior toward her within the Athletics Department. Thereafter, she was accused of various instances of unprofessional behavior and had her employment contract non-renewed based on those false allegations. She denied the allegations and insisted that they were used as a pretext to discriminate against her based on her sex and ethnicity and to retaliate against her for exercising her First Amendment right to freedom of speech in reporting the college's unlawful discrimination. Dr. Lopez Austen filed suit over her non-renewal based on unlawful discrimination and retaliation. The Federal District Court granted the college's Motion for Summary Judgment, meaning that she did not have an opportunity to present her evidence of discrimination and retaliation to a jury. Dr. Lopez Austen appealed the Summary Judgment to the Fifth Circuit Court of Appeals. The Court of Appeals is required to remand a case for a trial if the plaintiff presented enough evidence in the Summary Judgment proceedings which would allow a fact finder to hold in her favor. Dr. Lopez Austen presented an abundance of evidence refuting the allegations against her, demonstrating that, if accepted by a fact finder, they were pretexts for discrimination and retaliation, and supporting her claim that the college's decision to non-renew her employment was based on those reasons, not any actual unprofessional behavior or performance deficiencies. Instead, the Court of Appeals held that her evidence did not matter, that she had failed to present a \"prima facie\" case or \"rebut the legitimate reasons for termination (sic-nonrenewal) offered by the college.\" The court also holds, as if it has some basis for making a fact finding (which is a \"no-no\" for an appellate court) that \"[t]he six serious, documented instances of misconduct from the semester after the settlement agreement were the primary reasons for termination (sic- nonrenewal).\" The Court went so far as to actually state that: What matters is not the truth of the underlying complaints and reports, however, but July 6, 2015 Page 2 rather whether the college could legitimately have relied on them in deciding to terminate (sic-nonrenew) Austen. The college could do so. (Emphasis added.) What do you say about a Court that actually writes that the truth doesn't matter. Well, it did say that the college \"could have legitimately relied on the [underlying complaints and reports].\" No. No it couldn't. The Court's finding about reliance would be more palatable had the \"underlying complaints and reports\" been supported by actual evidence when the college made its decision. They were not. What happened is that, at a hearing concerning Dr. Lopez Austen's non-renewal, the college's president told the college's board that complaints and reports had been made. No one who actually made any of the complaints or reports, who claimed to have personal knowledge of any of the allegations, testified or made any statement to the board at all. In other words, there was no actual evidence of any of the purported incidents. There was nothing but hearsay. Now, hearsay might be enough at an administrative proceeding if it is not objected to, if it appears that the opposing party acquiesces to it. This was not the case in this instance. Dr. Lopez Austen objected to the blatant hearsay (and reminded the board that she had received a glowing summative annual evaluation just 2 weeks earlier). What is more, she introduced evidence from adult student-percipient witnesses who were actually present at the incidents that had been distorted or taken out of context and also presented statements that directly refuted the president's statements. But the question is not, really, what the college's board could have believed. The question is why did the college's board claim it believed all of the hearsay from the president as opposed to evidence that destroyed the credibility of that hearsay? The proper action for the Court would have been to remand the case to the District Court to allow a jury to sort it out, instead of making a fact finding, without taking any evidence itself, that Dr. Lopez Austen's non-renewal was (a) based on the hearsay presented by its president and (b) that it had the right to rely on it. What the court should have done, instead of serving as a fact-finder (again, which is a \"no-no), was direct the District Court to allow Dr. Lopez Austen the opportunity to present her evidence to a jury and allow the jury (which does have the right and duty to find facts) to determine if the board really based its decision on the president's hearsay or merely used that hearsay to justify getting rid of a someone who would challenge the misconduct of the college's administration. July 6, 2015 Page 3 In short, as stated initially, the Court decided that evidence doesn't matter, that it can do the jury's job reading from paperwork, rather than listening to live testimony and assessing credibility jury could have heard Dr. Lopez Austen's testimony and found that the college's board was not interested in what really happened, that the board was bound and determined to rid itself of the professor who \"did not know her place\" regardless of what happened. Regardless of what the evidence was. Regardless of the facts that an impartial body found (as opposed to what one of the party's to a lawsuit found to its own advantage). Regardless of what the truth was. This is why Dr. Lopez Austen objects to the reporting of this case as if there have been fact findings that she did something-anything wrong that would justify her non-renewal. She did not. She was simply prevented by the Court of Appeals from having a fair opportunity to tell her side of the story to a fair and impartial tribunal, because the court decided it could make that determination in the absence of hearing any evidence itself. Sincerely, Mark W. Robinettmous Mark W. Robinett", "7894_102.pdf": "( Register for free ( account/) Dismissal of lawsuit by teacher fired for inappropriate sexual comments upheld by Judy Greenwald (HTTPS://WWW.BUSINESSINSURANCE.COM/TOPIC/EMPLOYMENT-PRACTICES/) Apr 21, 2014( federal appeals court has upheld dismissal of retaliation and discrimination claims filed by a terminated college teacher who had continual conflicts with both colleagues and students, including allegedly secretly photographing the assistant basketball coach as he worked out and commenting on a student\u2019s virginity. 2/27/25, 7:05 Dismissal of lawsuit by teacher fired for inappropriate sexual comments upheld - Business Insurance 1/6 Karen Lopez Austen was hired in 2007 as a professor and department chair of kinesiology at community college Weatherford College in Weatherford, Texas, according to Friday\u2019s ruling by the 5th U.S. Circuit Court of Appeals in New Orleans in Dr. Karen Lopez Austen v. Weatherford College, of the Parker County Junior College District. Ms. Austen immediately came into conflict with several of her colleagues, including the assistant men\u2019s basketball coach, who complained Ms. Austin \u201chad made improper comments to him regarding his physique, initiated confrontations with him and often secretly took photographs of him as he was working out,\u201d according to the ruling. In addition, a secretary in her department complained Ms. Austen had inappropriately invited her daughter to her office, showed her inappropriate photos, and asked to measure her with a measuring tape, according to the ruling. Ms. Austen was eventually demoted as department chair and subsequently filed a complaint with the U.S. Equal Employment Opportunity Commission in 2008, charging sex discrimination and retaliation for filing grievances related to sexual discrimination and harassment. The dismissed the case. In 2009, without admitting liability, the college entered into a settlement with Ms. Austen where she agreed to release all claims in return for the college\u2019s agreement, among other things, to stop all current investigations and to remove five performance notices and disciplinary warnings from her personnel file. %%BREAK%% \u201cThe following year, however, the complaints against Austen continued to roll in from old and new fronts,\u201d said the appellate ruling, including one student\u2019s complaint that while she was using an exercise machine, Ms. Austin said, \u201cLet\u2019s see if she\u2019s a virgin.\u201d In 2010, the college\u2019s board of trustees voted to not renew her contract. Ms. Austen filed a second charge with the EEOC, which also was dismissed. 2/27/25, 7:05 Dismissal of lawsuit by teacher fired for inappropriate sexual comments upheld - Business Insurance 2/6 She then filed suit on retaliation and sex and racial discrimination charges with the U.S. District Court in Fort Worth, Texas, which granted the college summary judgment dismissing the case three-judge appellate court panel unanimously upheld the lower court\u2019s ruling. \u201cAusten has not established a prima facie case for either retaliation or discrimination, and even if \u2026 she has done so, she has failed to rebut the legitimate reasons for termination offered by the college,\u201d said the ruling. \u201cWhat matters is not the truth of the underlying complaints and reports \u2026 but rather whether the college could legitimately have relied on them in deciding to terminate Austen,\u201d said the panel. \u201cThe college could do so. In light of the overwhelming number of documented, legitimate reasons for termination, Austen has failed to show either a causal connection or pretext sufficient to defeat summary judgment,\u201d said the panel. Related News Aon unit buys Delaware agency ( buys-delaware-agency 27, 2025 Publix self-checkout practices to be weighed in court ( self-checkout-practices-to-be-weighed-in- court 27, 2025 Third-party risk driving cyber insurance claims: Resilience ( party-risk-driving-cyber-insurance-claims- resilience 27, 2025 Swiss Re Corporate Solutions announces new CUO, restructuring ( corporate-solutions-announces-cuo-change- restructuring 27, 2025 2/27/25, 7:05 Dismissal of lawsuit by teacher fired for inappropriate sexual comments upheld - Business Insurance 3/6 Social inflation trends cut into insurer margins: A.M. 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Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now (/register/free-account/) Information About Us( Contact( Advertise( Privacy Policy( Terms & Conditions( Copyright 2025 ( 2/27/25, 7:05 Dismissal of lawsuit by teacher fired for inappropriate sexual comments upheld - Business Insurance 6/6", "7894_104.pdf": "From Casetext: Smarter Legal Research Austen v. Weatherford Coll Apr 18, 2014 564 F. App'x 89 (5th Cir. 2014) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. 12-11070 04-18-2014 AUSTEN, Plaintiff-Appellant, v COLLEGE, of the Parker County Junior College District, Defendant- Appellee Appeal from the United States District Court Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 1/7 for the Northern District of Texas No. 4:11-CV-536 Before SMITH, DeMOSS, and HIGGINSON, Circuit Judges CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Karen Austen appeals a summary judgment in favor of Weatherford *2 College on her various retaliation and discrimination claims. We affirm. 2 I. This workplace dispute began as soon as Weatherford College hired Austen as a professor and Department Chair of Kinesiology in 2007. Immediately at the beginning of the school year, Austen came into conflict with several of her colleagues. The assistant men's basketball coach alleged in a formal internal complaint (an \"REC,\" or Resolution of Employee Concern) that Austen had made improper comments to him regarding his physique, initiated confrontations with him, and often secretly took photographs of him as he was working out secretary in the Kinesiology Department filed a police report alleging that Austen had acted inappropriately with her daughter by inviting her to her office, showing her inappropriate photos, and asking to measure her with a measuring tape. The secretary also filed an alleging that Austen had belittled her, threatened her, stalked her, and created \"an unrelenting hostile work environment on a daily basis.\" The following summer and year, the athletic director reported concerns regarding Austen's aggressive and confrontational treatment of another departmental secretary. Austen's supervisor, a dean, shortly thereafter sent an email reprimanding Austen for her failure to follow the college's purchasing policy few days later, a college senior vice president reprimanded Austen for unprofessional behavior, noting that she had stormed out of his office and interrupted an ongoing meeting. The senior vice president also began an investigation into a student's allegation that Austen had come to her dorm room to ask her to assert a complaint against the departmental secretary. Austen was subsequently reprimanded for 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 2/7 making contact with the student after having been ordered not to, allegedly asking the student to make a false report. Austen continued to receive reprimands or complaints for her alleged *3 unwillingness to participate in administration meetings and for other unprofessional behavior. She was eventually demoted as department chair. 3 Throughout this period, Austen filed her own RECs and complaints against the individuals with whom she had disputes. Those grievances alleged sex discrimination and sexual harassment among other complaints variously lodged against the athletic director, the assistant men's basketball coach, one of the department secretaries, and the administration generally. In December 2008, after her demotion, Austen filed a complaint with the alleging sex discrimination and retaliation for filing her grievances related to sexual discrimination and harassment. The dismissed the case. In 2009, the college, without admitting liability, entered into a settlement with Austen whereby she agreed to release all claims in return for the college's agreement, among other things, to cease all current investigations and to remove five performance notices and disciplinary warnings from her personnel file. The following year, however, the complaints against Austen continued to roll in from old and new fronts. One coach complained that Austen had made false accusations about him and forced his students off of treadmills during class time; another adjunct faculty member asserted that Austen had yelled at her, shut a door in her face, made inappropriate comments, and made her feel harassed when signing payroll notifications. Another department secretary complained that Austen had forced her to do an assignment that would require her leaving her desk even though her boss had instructed her to stay to answer an important phone call. Students complained as well. One reported that Austen had made an inappropriate sexual comment to her when she was using an abductor machine, stating, \"Let's see if she is loose. Let's see if she is a virgin.\" Other students complained that Austen had threatened to count them absent and to fail them if they did not stay after class. Finally, several witnesses complained *4 to the college about an incident at the college bookstore. Multiple witnesses reported that Austen had told an African-American 4 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 3/7 student, \"You'll have to go to another register because she [the cashier] doesn't wait on black people,\" told an Hispanic student, \"They [the bookstore] charge Hispanics 20 percent more,\" and told an overweight student can tell you where the lo-cal snacks are.\" Austen also answered the bookstore phone and responded to the student's question by saying, \"First you have to tell me if you are black or white because it is different times for different people.\" In May 2010 Austen received notice that the president was recommending nonrenewal of her annual contract based on six incidents of unprofessional behavior that had occurred in the previous semester. Those incidents include the bookstore comments, those that involved the department secretary, the athletic director, the coach, and the adjunct faculty member and finally the student complaint about the sexual comment while on the abductor machine. Austen presented rebuttal evidence and was represented by counsel at the non-renewal hearing. The Board of Trustees voted not to renew the contract. Austen filed a second charge with the EEOC, which was dismissed, then filed the present suit. She appeals the summary judgment grant on her Title and the Texas Commission on Human Rights Act (\"TCHRA\") retaliation claim, her Title and sex and race discrimination claims, and her First Amendment retaliation claim. She also appeals the dismissal of her claim that the college violated the settlement agreement. II. We review a summary judgment de novo and apply the same criteria used by the district court. Gowesky v. Singing River Hosp. Sys., 321 F.3d 503, 507 (5th Cir. 2003). Summary judgment is appropriate where the evidence shows that there is \"no genuine dispute as to any material fact\" and that the *5 moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a). In Title cases, summary judgment is based on various burden-shifting frameworks. If the plaintiff makes a prima facie case but the defendant proffers legitimate reasons for the adverse action, the plaintiff must present some evidence of pretext. McCoy v. City of Shreveport, 492 F.3d 551, 557 (5th Cir. 2007) (retaliation claims); Patel v. Midland Meml Hosp. & Med. Ctr., 298 F.3d 333, 342 (5th Cir. 2002) (sex and race discrimination claims). 5 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 4/7 III. We begin with the Title retaliation and discrimination claims (and the state equivalents) and apply the traditional burden-shifting frameworks for summary judgment. Austen has not established a prima facie case for either retaliation or discrimination, and even if, arguendo, she has done so, she has failed to rebut the legitimate reasons for termination offered by the college. To establish a prima facie case of retaliation under either Title or TCHRA, Austen must establish that she engaged in a protected activity, that she was subjected to an adverse employment action, and that there is a causal link between the two. McCoy, 492 F.3d at 557. The only evidence of a causal link was that the Chairman of the Board of Trustees said that the first complaint \"was part of the overall evidence we looked at.\" Austen also presented her own belief that a jury could find the reasons for nonrenewal to be pretextual because she disputes the accounts of the underlying complainants. What matters is not the truth of the underlying complaints and reports, however, but rather whether the college could legitimately have relied on them in deciding to terminate Austen. The college could do so. In light of the overwhelming number of documented, legitimate reasons for termination, Austen has failed to show either a causal connection or pretext sufficient to defeat summary judgment. *6 6 For Austen to prevail on her sex and race discrimination claims, she must establish a prima facie case by showing that (1) she is a member of a protected class; (2) she was qualified for her position; (3) she was subject to an adverse employment action; and (4) she was replaced by someone outside her protected class or received less favorable treatment than did a similarly situated individual not in the protected class. Okoye v. Univ. of Tex. Hous. Health Sci. Ctr., 245 F.3d 507, 513-14 (5th Cir. 2001). Austen contests her non- renewal and not her demotion, which was covered by the settlement agreement. She provides no evidence that she was replaced by someone outside her protected class, so she fails to make a prima facie case. Further, she offers no competent summary-judgment evidence other than her own assertions that the stated reasons for termination were pretextual. As with the retaliation claims, given the overwhelming number of documented, 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 5/7 legitimate reasons for termination, Austen has not met her burden to prove either a prima facie case or pretext. We dispose of her First Amendment claims on similar grounds. Assuming arguendo that Austen's complaints about alleged sexual harassment and sex discrimination constituted speech on a matter of public concern, she offers no summary-judgment evidence to rebut the legitimate reasons for non- renewal. She thus fails to provide sufficient evidence of a disputed issue as to whether the nonrenewal was motivated by her speech. Cf. Teague v. City of Flower Mound, 179 F.3d 377, 380 (5th Cir. 1999). IV. Austen claims that the college breached the settlement agreement by removing documents about prior incidents for the purpose of using them at the nonrenewal hearing. She maintains that the intent of the settlement was that such documents would not be used against her in the future, an intent that the *7 college disputes. We need not decide, however, whether the agreement contemplated use of those retained documents because they played a minimal if any role in her subsequent nonrenewal. The six serious, documented instances of misconduct from the semester after the settlement agreement were the primary reasons for termination. Therefore, Austen cannot show any harm even if the settlement agreement has been breached. 7 The summary judgment is AFFIRMED. About us Jobs News Twitter Facebook 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 6/7 LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:06 Austen v. Weatherford Coll., 564 F. App'x 89 | Casetext Search + Citator 7/7"} |
7,780 | Jacob Orlofsky | University of Missouri – St. Louis | [
"7780_101.pdf",
"7780_101.pdf"
] | {"7780_101.pdf": "\"Faced with potential dismissal, a tenured professor at the University of Missouri at St. Louis who was accused of sexually harassing women students has resigned. Two students filed a damage suit Monday against the university system's Board of Curators, alleging that Jacob Orlofsky, an associate professor of psychology, had sexually harassed them. The suit asks for unspecified compensation.\" Source By Susan C. Thomson Of the Post-Dispatch Staff 1991, St. Louis Post-Dispatch 1100 words 17 December 1991 St. Louis Post-Dispatch PAGE: 1A"} |
8,512 | Matthew Ellis | University of Oklahoma | [
"8512_101.pdf",
"8512_102.pdf",
"8512_103.pdf"
] | {"8512_101.pdf": "professor-who-resigns/article_255fb1e4-19f3-11ea-a679-737cc8055218.html \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry Jana Allen, enterprise reporter Dec 8, 2019 Trigger warning: This story describes a sexual relationship between a professor and a student, and describes in detail an instance of sexual assault. It had been more than six years when the actress posted \u201cMe too\u201d as her Facebook status. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 1/17 October 2017 was a time of reckoning for the theater, film and media industries as the Harvey Weinstein scandal spurred the #MeToo movement across the globe. Actresses around the world were asked to post \u201cMe too\u201d as their status if they had experienced sexual misconduct or harassment in the industry. In Chicago, an alumna was one of them. Soon, the professor, whose office was on the third floor of OU\u2019s Fine Arts building, saw the public status and sent the actress his first and only apology. \u201cFor what it\u2019s worth. I\u2019m truly sorry,\u201d he wrote. \u201c#ididit did it, and I\u2019m ashamed hope you are well, and I\u2019ve never blamed you. You\u2019re right. You\u2019ve always been right. All my best.\u201d That professor was Matthew Ellis, former associate professor of movement and acting. Nearly two years later, Ellis was investigated this September by OU\u2019s Title office after that actress, Taylor Schackmann, a 2013 School of Drama graduate, filed a report alleging an inappropriate relationship with Ellis along with a sexual assault allegation. Schackmann said she was prompted to file the report by School of Drama professor Alissa Mortimer, who told her that she \u201cwasn\u2019t the only one, and that this has been building for some time.\u201d Mortimer declined to speak with The Daily. Provided by Taylor Schackmann 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 2/17 During the spring and early summer of 2011, Ellis and Schackmann exchanged sexual text messages and had sex three times before Schackmann ended things. At the time, Ellis was Schackmann\u2019s professor, play director and academic adviser. When Ellis was contacted by Title investigators late this September, Schackmann said investigators told her he admitted to the inappropriate relationship. Ellis was subsequently notified that he had violated OU's consensual sexual relationships policy and the university would pursue abrogation of his tenure, and he tendered his resignation Sept. 28, according to the Notice of Outcome letter sent to Schackmann by Title investigators confirming the violation of policy and Ellis\u2019 resignation. However, Schackmann said Title investigators told her his resignation is not effective until Dec. 31 but that he was immediately taken out of the classroom and not allowed back on campus. The office is still pursuing a sexual assault/harassment investigation against Ellis, but the Title office has no authority over non-employees. Experts say sexual relationships between professors and students can never be truly consensual because of the stark power dynamic. This is why OU\u2019s policy is in place, which prohibits professors from having sexual relationships with a student they have an evaluative or supervisorial position over, and why many universities are leaning toward stricter policies in this area. In the #MeToo era, sexual assault prevention campaigns have reframed more clearly the meaning of consent: The absence of a no is not a yes, and when a student\u2019s grades are at stake it can become even more difficult to give a verbal no. \u201cWhen the power differential is that great, it cannot be full consent,\u201d said Billie Dziech, a University of Cincinnati English professor who has researched and studied sexual relationships between students and professors as well as authored books on the subject. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 3/17 The Daily sent a Facebook message to Ellis and attempted to reach him by phone six times between Nov. 22 and Dec. 7, outlining the story it was pursuing. He never responded. Schackmann said the course of her life was dramatically altered by Ellis\u2019 abuse of power, and only in the past year has she been able to come to terms with what happened and begin to move on thought they knew,\u201d Schackmann said of various people during her time at thought they didn\u2019t care.\u201d 'I'm just one of the special ones now' Schackmann was raised in the Houston suburb of Spring, Texas, in a conservative, middle-class family ballet dancer for years, Schackmann always loved the arts and being creative. It wasn\u2019t until her sophomore year of high school when she discovered her love for drama and acting, as she participated in her school\u2019s drama program. In a class of around 800, Schackmann found the place she could be herself am from the South, from a town where football is everything,\u201d Schackmann said. \u201cAnd arts were not cool. It was just nice to feel like there was a community of people that felt similar around.\u201d Schackmann acted in around eight plays and musicals in high school, and those successes fueled her choice to study to become a professional actor. She applied to a few schools and was offered a spot in OU\u2019s conservatory-style drama program by then-director Tom Orr just days after her audition. When Schackmann arrived at in August 2009, her family had been \u201cdevastated\u201d by the economic recession of 2008. She would have to pay for her schooling on her own, so she soon began working in the Union food court and later worked for the School of Music office for the majority of her time at OU. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 4/17 Schackmann said she always had one, but sometimes two to three jobs during college. As she juggled her responsibilities, Schackmann said it was especially hard to meet the expectations of the school while also ensuring she had a place to live and food to eat. School of Drama students needed to be available outside of class for responsibilities like rehearsals, auditions and networking. Most students, she said, could do that. Schackmann also said there was a culture of favoritism in the school, with professors and students often texting and having very friendly relationships that resulted in being invited to their houses and cast in their productions. Schackmann wasn\u2019t a favorite, and she felt no one cared how hard she was working to be there. Schackmann said that isolation and feeling of being misunderstood led to the situation with Ellis, who cast her as the lead female role of Athena in \u201cThe Odyssey\u201d in November of her sophomore year. The next spring, Ellis was not just her director but also her professor and academic adviser. Rehearsals began, and Ellis gave his phone number to the cast. That\u2019s how their encounters started. \u201c(He said think a text message is like little gifts,\u2019 and gives us all his phone number,\u201d Schackmann said. \u201cSo we start texting, and was like, \u2018I'm just one of the special ones now. This could be a really great thing for me.\u2019\u201d \u2018You thought he was on your side\u2019 Taylor Schackmann, right, dances with high school friends in Spring, Texas, in the summer of 2009. Provided by Taylor Schackmann 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 5/17 Ellis graduated from Virginia Commonwealth University with a master\u2019s in theater pedagogy with an emphasis in movement and fight directing in 2004, where he met his now ex-wife, Tonia Sina Campanella. Ellis began his career in 2005, and for the past 14 years, he taught classes on movement for the stage, clowning and fighting. According to his LinkedIn, he was approved for tenure in 2011. Throughout his career, Ellis has acted and directed across the country, including at Dallas Theater Center, Oklahoma City Repertory Theatre and the Richmond Shakespeare Festival, according to his biography on the Society of American Fight Directors website. He has also served as the vice president of the society. Schackmann said Ellis was well-liked in the School of Drama, especially by students like her, who were not Orr\u2019s favorites. \u201c(Ellis) and Tonia presented themselves as a safe space for students,\u201d Schackmann said. \u201cHe seemed nice, he seemed approachable ... You thought he was on your side truly just felt like couldn't leave or say no\u2019 At first, Schackmann and Ellis would text about day-to-day things, and he would help her with \u201cThe Odyssey\u201d script. Then, it moved to her venting to him about her issues with school, money and family. He became someone she trusted and treated as a friend. Eventually, Schackmann found out Ellis and Campanella, who was an adjunct in the School of Drama, had an open marriage, though being involved with students was against their \u201crules.\u201d However, a line was crossed, and things became sexual between Ellis and Schackmann. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 6/17 was 19 was dealing with problems that were much older than me ... and felt like wasn't being listened to or taken seriously,\u201d Schackmann said. \u201cAnd so found someone who would listen to me and would validate my issues ... and think that's why trusted Matthew Ellis and let him into my life in that way.\u201d Schackmann and Ellis\u2019 relationship progressed that spring. They exchanged sexual texts and met for coffee at Cafe Plaid on Campus Corner about once a week, Schackmann said. Schackmann said Ellis told her he would try to talk his wife into being open to him and Schackmann having a sexual relationship. He said he would explain that Schackmann was \u201cdifferent than other 19-year-olds,\u201d she said. \u201cBecause was lonely and desperate and looking for validation, so was absolutely willing to not tell anyone,\u201d Schackmann said didn't feel like had a lot of really good friends didn't feel like anyone really cared about my well-being. So was like might as well do this. Like maybe something will come out of it.\u201d Campanella, who is the founder of Intimacy Directors International and now lives in Chicago, told The Daily she had no knowledge of the relationship was unaware at the time of a physical relationship with any student that occurred during our marriage, and cannot comment on the actions of my ex- husband,\u201d Campanella said in an email. Dianne Armstrong, Schackmann\u2019s classmate and roommate at the time, said she remembers noticing a change in Schackmann\u2019s behavior that semester. \u201cTaylor was really looking forward to auditioning for \u2018The Odyssey\u2019 in particular, and ... when she was cast she was just super excited,\u201d Armstrong said. \u201cAnd then, once the show actually started happening, she started to kind of withdraw a little bit.\u201d 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 7/17 Near the end of the semester, Schackmann said she went in for her sophomore evaluation with Ellis, Orr and a few other faculty members. When the meeting ended, Schackmann said she met Ellis at his office, where he told her he was trying to look up her skirt throughout the evaluation. Ellis then \u201cpushed\u201d her onto the couch and performed oral sex on her. This came out of nowhere, Schackmann said, and was the first time they had any physical sexual interaction. \"Most of my sexual experiences with Matthew were very rushed, which in retrospect think was intentional,\u201d Schackmann said. When finals week came around, Campanella was going to be out of town, so Ellis invited Schackmann to his home. Packing an overnight bag, Schackmann said she went to his house, where he offered her alcohol, though Schackmann was still underage, and things soon escalated. The two had sex, during which Schackmann said Ellis choked her, something she hadn\u2019t consented to and didn\u2019t want. He was 35 at the time, and she was 19. Taylor Schackmann, 2013 School of Drama graduate, is featured on the poster for the spring 2011 production of \"The Odyssey.\" Provided by Taylor Schackmann 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 8/17 \u201cHe didn't ask me if he could choke me,\u201d Schackmann said. \u201cAnd at that time, again didn't know that you could say no didn't know that that was a thing just didn't know how to advocate for myself and be like, \u2018Hey, don't do that.\u2019 And so it just happened.\u201d Afterward, Ellis told Schackmann to leave so he could get a good night\u2019s sleep. \u201cSo drive to my apartment go to my room lie down in my bed, and just think, \u2018No one knows where was. And no one knows what's been going on, and am just alone in the universe with all of this,\u2019\u201d Schackmann said. \u201cAnd that was very isolating.\u201d They had sex again the next night. Schackmann stayed in Norman that summer because she was cast in a Sooner Stock play. As classes and \u201cThe Odyssey\u201d were over and she wasn\u2019t seeing him frequently, she was beginning to feel like she wanted to end things with Ellis. However, she said she was afraid of the consequences, considering he was a well- liked, tenured professor. \u201cAt this point, he's almost like a mentor,\u201d Schackmann said. \u201cAnd he's still a professor, and he's still my adviser thought,) \u2018If sever this relationship, what is going to happen to me for the rest of my career? And what will lose?\u2019\u201d That June, Ellis asked Schackmann to come to his office to have sex before he went on a three-week trip to Italy with Campanella. Schackmann told The Daily she hadn\u2019t wanted to, but she went anyway, fearing the consequences of not doing so. \u201cHe's like, \u2018Hey, want to meet up for sex?\u2019 And I'm like, \u2018Well, not really. Like kind of feel very used at this point,\u2019 but didn't know what else to say,\u201d Schackmann said felt a ton of pressure at that time to be there and sexually available truly just felt like couldn't leave or say no.\u201d 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 9/17 Schackmann went to Ellis\u2019 office in the Fine Arts building during her lunch break. She recalls not many people were in the building, and thinks Ellis came to campus that day only to have sex with her. While Schackmann said she did not verbally say no, she tried to make clear with her body language and her facial expressions that she did not want to continue. Schackmann said she has recently realized all of her sexual encounters with Ellis were nonconsensual due to the power dynamic, but she first realized their last encounter was rape around six months ago don't remember all of it, but do remember that it was rape,\u201d Schackmann said am bent over his desk turn around, look at him over my shoulder, and I'm just like, glaring at him in the face. Pretty much everything in my body is saying \u2018Get the fuck off of me.\u2019 ... And he looked me in the face, closed his eyes and kept going.\u201d Schackmann said her body began to shut down, and they were not physically able to continue. She said Ellis asked her to \u201cfinish\u201d him orally, and after she did, she left didn't really want to believe that it could happen\u2019 After that encounter and before leaving for Europe, Ellis sent her a naked photo via Facebook. She deleted the photo immediately and tried to move on. Between then and August, Schackmann started a relationship with her now- partner of eight years Mitchell Reid, and she said she finally realized how toxic her encounters with Ellis had been. In one final coffee meet-up in August at Michelangelo\u2019s, Schackmann said Ellis discouraged her from dating Reid. After that, Schackmann switched academic advisers, further limiting their contact. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 10/17 Slowly, she began opening up to those close to her about what had happened, although she never went to an authority in the School of Drama or a university authority. After having a leading role in a three-hour play her sophomore year, Schackmann thought it was only the beginning of her success in the school. However, she never got cast after that except in one student-produced show. Several of Schackmann\u2019s former classmates told The Daily that while they\u2019re unsure if faculty members knew, the dynamic with Ellis was an open secret among students. Joey Hines, who graduated in 2013 with Schackmann, said even before she told him about her and Ellis, he had heard rumors they were involved during \u201cThe Odyssey remember ... people questioning the nature of their relationship, and guess was a little naive,\u201d Hines said guess didn't really want to believe that it could happen ... especially because Matthew was a teacher personally had a good relationship with and actually kind of looked up to.\u201d \u201cWe all still took his class, and people still wanted him to like them because their grade was at stake,\u201d Hines said. \u201cWhereas with Taylor, she became someone think people were inclined to be less associated with.\u201d \u2018When someone has the power to destroy your life ... you can't consent\u2019 Many different things make a student more vulnerable to sexual encounters with professors, said Dziech, the Cincinnati professor who has written books on the subject. One factor is what department the student is in. Taylor Schackmann, right, with classmates at a party in fall 2011. Provided by Taylor Schackmann 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 11/17 \u201cIf you're a (drama) professor, you have more ability to touch than you would if you were in an English class,\u201d Dziech said. \u201cYou also have more ability to get inside kids\u2019 heads than you were if you were in a math class. There's a kind of chaotic environment in most institutions that allow people access in different ways.\u201d Dziech also said freshmen and sophomores are often more easily victimized. In Schackmann\u2019s case, Dziech said Ellis had much more power over her, which would further frighten and deter her from coming forward. And it did. Only this year has Schackmann felt ready. Schackmann said she and Mortimer spoke on Sept. 20, and Mortimer filed a mandatory report with Title Sept. 22. On Sept. 25, Title investigators called Ellis, Schackmann said. When asked about Ellis, the university said in a statement sent to The Daily via email from Public Affairs that a \u201cfaculty member\u201d was placed on administrative leave pending abrogation of tenure proceedings on Sept. 27, five days after the Title report was filed. The statement said the university could not comment on specifics of the case, therefore it did not name Ellis in the statement. Before the proceedings could take place, Ellis resigned on Sept. 28. Dziech said policies like the one Ellis violated, OU\u2019s consensual sexual relationships policy, are necessary because of the stark power dynamic between a student and a professor. \u201cWhen someone has the power to destroy your life or seriously hurt you, you can't consent to be involved with them,\u201d Dziech said. \u201cIt's as simple as that.\u201d According to OU\u2019s policy, if Ellis hadn\u2019t been in a supervisory or authoritative role over Schackmann, the relationship could have been allowed if his supervisor was aware. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 12/17 However, some universities \u2014 including Ivy League schools such as Harvard, Yale, Princeton, Dartmouth, Brown and Penn \u2014 have started implementing stricter policies by banning sexual relationships between undergraduates and faculty/staff altogether, even if the employee has no power over the student. The only Big 12 school with a complete ban on sexual relationships between students and faculty or staff members is the University of Texas, whose consensual relationships policy was revised in 2017. When asked if the university has considered moving to a complete ban on these relationships Public Affairs responded that the university is continually examining the Title office and what changes may be needed to \u201censure compliance with federal regulations and adherence to best practices for personnel hiring, services, investigations, and victim advocacy.\u201d Dziech said she thinks the broader policy is the right direction for universities think there are three ways to look at this,\u201d Dziech said. \u201cRelationships between professors and students are dangerous to students, who have to live with it for the rest of their lives. They're dangerous to professors who do it because they can be terminated, no matter how tenured, (and) they can be sued, no matter how they declare their innocence. And they are dangerous to the institutions where they work.\u201d \u2018What happened to me wasn\u2019t normal\u2019 Reid and Schackmann have been together for more than eight years. As one of the people closest to Schackmann, Reid has seen firsthand the impact those six months have had on her life. Many of Schackmann\u2019s greatest struggles were exacerbated by the relationship, including anorexia and other mental health issues, Reid said. \u201c(It affected her) immensely, and in all aspects of her well-being.\u201d 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 13/17 Dziech said it is not uncommon for it to take years for someone to move on from encounters like Schackmann had with Ellis. \u201cIt's like PTSD,\u201d said Dziech, speaking in general about cases like Schackmann\u2019s. \u201cYou can go along and then all of a sudden you wake up and say, \u2018Oh, my God ... What happened here?\u2019 She might blame herself, she might feel terrible about herself, she might be haunted by things that happened lot of the time ... it can take years for someone to say, \u2018This is what happened to me.\u2019\u201d Both of Reid\u2019s parents are professors, and he said it immediately struck him that the encounters were wrong, even if Schackmann thought she was consenting at first don't believe that it's possible for a student and a teacher to have a consensual relationship,\u201d Reid said. \u201cIt's a false consent because (the students) don't understand the implications, and the professor does hesitate to even call it a relationship. It's manipulation, it's gaslighting, it's abuse.\u201d As the years passed, Schackmann said she came to understand that what happened to her was not her fault. However, she stopped acting for three years after graduation because she so closely associated acting with Ellis and with feeling ostracized by the department. Taylor Schackmann, 2013 School of Drama graduate, at a college party with her partner Mitchell Reid, 2012 School of Drama graduate. Provided by Taylor Schackmann 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 14/17 She started acting again at 25, but when news about sexual harassment within the School of Drama surfaced in 2018, the trauma came up again. She considered coming forward, but she didn\u2019t feel she was ready yet. In the summer of 2018, scandal surrounded the School of Drama as harassment allegations emerged against John Scamehorn, a former donor to the school and professor emeritus. His emeritus status was revoked, and more information began to surface. Orr was accused of enabling Scamehorn and of sexual harassment himself. He was investigated by Title IX, and while not found to have violated any policies, he stepped down as director, though he continues to be a professor. When The Daily reported on allegations against Orr, an estimated 500 copies of the paper were stolen from buildings in the fine arts area of campus, and then- interim director Judith Pender sent an email to drama faculty calling the story a \u201chorrible smear campaign\u201d that contained \u201cinaccuracies and outright lies.\u201d Last winter, things worsened for Schackmann. She stopped eating and started having suicidal ideation. This April, Schackmann was admitted to the Chicago Behavioral Mental Health Hospital. Though Schackmann did not want to go, she said six days spent in the all-women\u2019s ward was \u201cthe best thing\u201d she ever did. \u201cThe biggest thing got out of it was, \u2018If you don\u2019t deal with this stuff, you\u2019re going to die,\u2019\u201d Schackmann said. \u201cIt really forced me to be honest about the fact that wasn\u2019t over it, and had almost a decade of trauma stored in my brain that hadn\u2019t processed, and that was really affecting my everyday life.\u201d Today, she is regularly seeing a therapist and taking medication. 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 15/17 Tags Homepage News Schackmann said one of her biggest issues with the way sexual harassment and sexual assault are talked about is that people focus on the perpetrator and largely ignore the system that enabled them to prey on someone. \u201cThere's a reason these relationships developed or were allowed to develop, were allowed to flourish and keep going, is because ... people didn't care enough to stop them,\u201d Schackmann said. \u201cSo while I'm glad that Matthew has now been removed ... until we really talk about the core issues of this, it's never going to get resolved.\u201d Both Schackmann and Reid hope that by making her story public, today\u2019s students, both in OU\u2019s School of Drama and beyond, gain a better perspective of those in charge and make sure things like this don\u2019t happen again. \u201cEventually realized through talking to other actors (in Chicago), that what happened to me wasn't normal,\u201d Schackmann said. \u201cAnd that the School of Drama wasn't normal.\u201d \u201cIt was abusive. And maybe didn't hate acting \u2014 maybe just hated that had been raped and abused, and no one cared.\u201d Emma Davis contributed to this report. If you or someone you know has experienced sexual assault, below is a list of available resources. More resources are also available at projects.oudaily.com/finding-help Advocates: 405-615-0013 *Confidential Resource* Norman Rape Crisis Center Hotline: 405-701-5660 *Confidential Resource* OU-Norman Student Counseling Services: 405-325-2911 *Confidential Resource* Tips can be sent to The Daily at the following email address: [email protected] 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 16/17 By Jana Hayes 2/27/25, 7:06 \u2018It cannot be full consent drama alumna reports sexual relationship with professor who resigns amid Title inquiry | News | ou\u2026 17/17", "8512_102.pdf": "violated-title-ix-policies/article_b6002a00-25cc-11ea-b07d-4bc1de30ce5d.html investigation finds former drama professor accused of sexual misconduct violated Title policies Jana Allen, enterprise reporter Dec 23, 2019 2/27/25, 7:06 investigation finds former drama professor accused of sexual misconduct violated Title policies | News | oudaily.com 1/3 The Sexual Misconduct Office and Institutional Equity and Title Office pictured Jan. 30, 2017. Caitlyn Epes/The Daily former drama professor recently accused of sexual misconduct has been found to have violated Title IX\u2019s Sexual Assault/Sexual Harassment policy from 2010 to 2011. The Title investigation found \u201csufficient evidence\u201d that Matthew Ellis, former associate professor of movement and acting, engaged in a sexual relationship with his then-student Taylor Schackmann, 2013 School of Drama graduate. During this time, an \u201cinherent power difference\u201d was present between them that interfered with Schackmann\u2019s academic environment, according to the Notice of Outcome letter sent to Schackmann from OU\u2019s interim sexual misconduct officer Kristen Burkett. 2/27/25, 7:06 investigation finds former drama professor accused of sexual misconduct violated Title policies | News | oudaily.com 2/3 Tags Homepage News By Jana Hayes Ellis resigned on Sept. 28 after an initial Title investigation found him to be in violation of the consensual sexual relationships policy. However, because his resignation is not effective until Dec. 31, the Title office was able to continue to investigate him for Schackmann\u2019s sexual assault allegation. Though the resignation is not yet effective, Ellis was barred from returning to campus in September. Ellis and Schackmann had a sexual relationship while he was her professor, play director and academic advisor in the spring and summer of 2011. After being scared of reporting for years and dealing with the emotional trauma and turmoil that was a result, Schackmann made her report to Title through a mandatory reporter on Sept. 22 of this year. When detailing the relationship between her and Ellis to Title investigators, Schackmann said that the sexual encounters that occurred between them were sexual assault because she was unable to consent due to the unequal power dynamic. After his resignation, Ellis was contacted again by Title as the office began to look into the sexual assault allegation. According to emails Schackmann shared with The Daily, Ellis responded in written form by Nov. 6 and the Title office said they were going to continue to try and set up a phone interview with him. Monday morning, just over a week before his resignation is effective, the Title office told Schackmann the investigation was concluded. \u201cThis information will be forwarded to the Provost Office and the Dean of the College of Fine Arts for appropriate administrative action,\u201d Burkett said in the letter. 2/27/25, 7:06 investigation finds former drama professor accused of sexual misconduct violated Title policies | News | oudaily.com 3/3", "8512_103.pdf": "\uf2a0Give us a call \uf086Enquire about a course \uf073Our Open Days | Search Dr Matthew Ellis qualified as a Social Worker in 2002 and my practice experience was predominantly within services for children and families. Initially worked as a Local Authority Social Worker and Senior Practitioner in Essex later spent nine years working for the where specialised in the assessment and therapeutic treatment of children and young people affected by sexual abuse (both victims and perpetrators). For several years also worked part-time with two private fostering agencies as a therapeutic social worker, whilst continuing in my role part-time with the NSPCC. My research interests broadly relate to social work with children and young people, and qualitative research methodologies, including narrative, psychosocial, creative and participatory methods. My doctoral research was a longitudinal study focusing on the way that young people construct a narrative identity during therapeutic treatment interventions for harmful sexual behaviour (HSB), as well as the intersubjective experience of practitioners who work with them currently teach across all of our qualifying Social Work programmes and lead on several units covering Social Work theories and approaches, Evidence-informed practice, and Research skills am also the course coordinator for the MSc Social Work programme. Qualifications Academic (Doctor of Social Work) \u2013 University of Sussex (2018 Advanced Social Work Practice & Planning \u2013 University of East Anglia (2008) BSc Animal Science (Wildlife Biology) \u2013 Newcastle University (1999) Professional Practice Teaching Award \u2013 University of East Anglia (2007) Post Qualifying Award in Social Work (PQSW/Child Care Award) \u2013 University of East Anglia (2005) Diploma in Social Work (DipSW) \u2013 Anglia Polytechnic University (2002) Teaching Expertise Social work theories and interventions Evidence-informed practice Study University Life Research Business and Community Faculties, Schools and Departments About Us We use cookies We use cookies and other tracking technologies to improve your browsing experience on our website, to show you personalised content and targeted ads, to analyse our website traffic, and to understand where our visitors are coming from agree decline Change my preferences 2/27/25, 7:07 Dr Matthew Ellis - beds.ac.uk | University of Bedfordshire 1/3 Direct work with children and young people Young people who display harmful sexual behaviour Research methods Research Interests Children and young people Young people and harmful sexual behaviour treatment practices, therapeutic social work interventions Qualitative research methods, including narrative, psychosocial, creative and participatory research approaches Projects Co-researcher on a research project funded by The Pilgrim Trust exploring professional responses and interventions with young people who display harmful sexual behaviour. Publications (In progress) Telling the Truth? Exploring notions of self and responsibility with young people involved in treatment for harmful sexual behaviour (Working title) Conference presentations (2018) Telling the Truth? Exploring notions of self and responsibility with young people involved in treatment for harmful sexual behaviour Research Seminar: Narrative sense-making and prospective social action Danish Center of Applied Social Science, Copenhagen Contact Details T: +44 (0)1582 489273 E: [email protected] \uf2a0 telephone University switchboard During office hours (Monday-Friday 08:30-17:00) +44 (0)1234 400 400 Outside office hours (Campus Watch) +44 (0)1582 74 39 89 \uf1fa email Admissions [email protected] International office [email protected] Student support [email protected] Registration [email protected] Study University Life Research Business and Community Faculties, Schools and Departments About Us 2/27/25, 7:07 Dr Matthew Ellis - beds.ac.uk | University of Bedfordshire 2/3 \uf1e0 social media twitter - uniofbeds twitter - uniofbedsnews twitter - BedsSU Study University Life Research Business and Community Faculties, Schools and Departments About Us 2/27/25, 7:07 Dr Matthew Ellis - beds.ac.uk | University of Bedfordshire 3/3"} |
7,777 | Gilbert Rodman | University of Minnesota – Twin Cities | [
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7,381 | Matthew C. Moeller | Indiana University - Bloomington | [
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] | {"7381_101.pdf": "Case Law ( Moeller v. Bd. of Trs. of Ind. Univ. Decision Date 27 December 2017 Docket Number No. 1:16-cv-00446-JMS-MPB,1:16-cv-00446 Parties C. MOELLER, Plaintiff, v d/b/a D. KIRKLAND, and BANTZ, Defendants. Court U.S. District Court \u2014 Southern District of Indiana Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 39 Cited in Precedent Map Related C. MOELLER, Plaintiff, v UNIVERSITYd/b/a D. KIRKLAND,and BANTZ, Defendants. No. 1:16-cv-00446 December 27, 2017 Plaintiff Dr. Matthew Moeller worked at Indiana University in the School of Dentistry (the \"University\") as a Clinical Assistant Professor of Operative Dentistry - a non-tenure track position. In October 2014, the University became aware of allegations of sexual harassment made by students against Dr. Moeller. University representatives interviewed numerous students and informed Dr. Moeller that there were complaints that he had patted, rubbed, and massaged the backs of female students without their permission, and touched and rubbed the upper leg of a female student. Dr. Moeller admitted these allegations, but disputed their context and significance. After an investigation, which afforded Dr. Moeller the opportunity to present his version of events, the University terminated Dr. Moeller's employment. Dr. Moeller filed complaints and appeals with various University entities, one of which recommended that the University should provide Dr. Moeller with more information regarding the allegations, interview him uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 again, and provide him with the reasons the University concluded that he should be terminated. The University adopted these recommendations and offered Dr. Moeller the additional information and another interview on the condition that he waive his right to appeal the decision, but Dr. Moeller declined the offer. He then initiated this litigation, asserting, among other claims, violation of his right to procedural due process. Defendants have filed a Motion for Summary Judgment, [Filing No. 68], and Dr. Moeller has moved to dismiss two of his claims, [Filing No. 80].1 Both motions are now ripe for the Court's decision The following factual background is set forth pursuant to the standard discussed below in connection with Defendants' Motion for Summary Judgment. The facts stated are not necessarily objectively true, but as the summary judgment standard requires, the undisputed facts and the disputed evidence are presented in the light most favorable to \"the party against whom the motion under consideration is made.\" Premcor USA, Inc. v. American Home Assurance Co., 400 F.3d 523, 526-27 (7th Cir. 2005) ( law.vlex.com/vid/premcor-usa-inc-v-894933786). A. Dr. Moeller's Initial Employment With the University The University hired Dr. Moeller in 1985 as a part-time clinical instructor in the School of Dentistry. [Filing No. 68-1 at 3.] Also in 1985, Dr. Moeller opened a private practice where he worked approximately 15 to 18 hours per week. [Filing No. 68-1 at 3.] Dr. Moeller maintained his private practice for approximately thirty years, until October of 2016. [Filing No. 68-1 at 3.] In July of 1996, the University offered Dr. Moeller a non-tenure track position as Clinical Assistant Professor of Operative Dentistry in the Department of Restorative Dentistry. [Filing No.68-1 at 4; Filing No. 68-3 at 3.] The University describes the position as \"primarily participat[ing] in preclinical and clinical instruction for undergraduate dental students.\" [Filing No. 68-3 at 3.] The appointment was for two years, with \"eligibility for annual reappointment.\" [Filing No. 68-3 at 3.] The University also offered Dr. Moeller a position as Clinic Director in the Comprehensive Care Program, a non-tenure track position that was a one-year appointment with a chance for reappointment to a three-year term. [Filing No. 68-3 at 1.] As Clinic Director, Dr. Moeller would \"manage the succession of charts from graduating students to new third-year students and distribute them fairly and then replenish them as [he] was able. And [he] would counsel them in difficulties that they would have....\" [Filing No. 68-1 at 5.] Dr. Moeller believed that he \"played a more important role than anyone on faculty or staff\" in the students' ability to successfully complete dental school. [Filing No. 68-1 at 6.] In May 2014, the University notified Dr. Moeller that his appointment as Clinical Assistant Professor had been extended through the 2021-22 academic year. [Filing No. 68-4.] B. University Policies and the University Handbook The University instituted a policy entitled \"Permanent Separations for Academic Appointees,\" which stated in relevant part: Discharge for Cause Dismissal From The Faculty Or Libraries uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Dismissal shall mean the involuntary termination of a tenured faculty member's or librarian's appointment prior to retirement or resignation, or the termination of the appointment of a non tenured faculty member or librarian prior to the expiration of the term of appointment. Dismissal is thus to be distinguished from the non-reappointment of a probationary faculty member. Dismissal shall occur only for reason of (a) incompetence, (b) serious personal or professional misconduct, or (c) extraordinary financial exigencies of the University. No faculty member or librarian shall be dismissed unless reasonable efforts have been made in private conferences between the faculty member and the appropriate administrative officers to resolve questions of fitness or of the specified financial exigency. If no resolution is attained, the faculty member or librarian to be dismissed shall be notified of dismissal in writing by the Vice President or Provost or President one year before the date the dismissal is to become effective, except that a faculty member or librarian deemed guilty of serious personal misconduct may be dismissed upon shorter notice, but not on less than ten days' notice. Upon receipt of the dismissal notification, a faculty member or librarian must be accorded the opportunity for a hearing statement with reasonable particularity of the grounds proposed for the dismissal shall be available in accordance with the provisions of the Faculty Constitution faculty member or librarian shall be suspended during the pendency of dismissal proceedings only if immediate harm to himself, herself, or others is threatened by continuance. Any such suspension shall be with pay. [Filing No. 68-5 at 2.] The University also instituted a \"Code of Academic Ethics\" policy, which states in relevant part: Relations with Students. With regard to relations with students, the term \"faculty\" or \"faculty member\" means all those who teach and/or do research at the University including (but not limited to) tenured and tenure-track faculty, librarians, holders of research, lecturer, or clinical appointments, graduate students with teaching responsibilities, visiting and part-time faculty, and other instructional personnel including coaches, advisors, and counselors. The University's educational mission is promoted by professionalism in faculty/student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty members and students that harm this atmosphere undermine professionalism and hinder fulfillment of the University's educational mission. Trust and respect are diminished when those in positions of authority abuse or appear to abuse their power. Those who abuse their power in such a context violate their duty to the University community. Faculty members exercise power over students, whether in giving them praise or criticism, evaluating them, making recommendations for their further studies or their future employment, or conferring any other benefits on them. All amorous or sexual relationships between faculty members and students are unacceptable when the faculty member has any professional responsibility for the student. Such situations greatly increase the chances that the faculty member will abuse his or her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect, given the fundamental asymmetric nature of the relationship. Moreover, other students and faculty may be affected by such unprofessional behavior because it places the faculty member in a position to favor or advance one student's interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors. Therefore, the University will view it as a violation of this Code of Academic Ethics if faculty members engage in amorous or sexual relations with students for whom they have professional responsibility, as defined in number 1 or 2 ( below, even when both parties have consented or appear to have consented to the relationship. Such professional responsibility encompasses both instructional and non-instructional contexts uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial 1. Relationships in the Instructional Context faculty member shall not have an amorous or sexual relationship, consensual or otherwise, with a student who is enrolled in a course being taught by the faculty member or whose performance is being supervised or evaluated by the faculty member. 2. Relationships outside the Instructional Context faculty member should be careful to distance himself or herself from any decisions that may reward or penalize a student with whom he or she has or has had an amorous or sexual relationship, even outside the instructional context, especially when the faculty member and student are in the same academic unit or in units that are allied academically. [Filing No. 68-7 at 2-3.] The University Handbook states: Statements and policies in this Handbook do not create a contract and do not create any legal rights. In the event of differences between this document and the original documents cited therein, the wording in the original documents or master contracts shall obtain. [Filing No. 68-6.] Finally, the University's Code of Academic Ethics states a. Initiation of Complaints Any concerned person may initiate complaints about alleged violations of the Code of Academic Ethics. Such ... 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7381_102.pdf": "Wins After Sued By Fired Director Accused Of Sexual Harassment Olivia Covington for district court judge has granted summary judgment to Indiana University\u00e2\u20ac\u2122s School of Dentistry and high-ranking members of its faculty after finding the school did not violate a former clinic director\u00e2\u20ac\u2122s rights by firing him for alleged sexual harassment of students. Dr. Matthew C. Moeller, a 30-year faculty member of the school, sued his former employer and supervisors in 2016, alleging federal and state law claims related to due process and breach of contract violations. Moeller\u00e2\u20ac\u2122s trouble began two years earlier, when an investigation into him for alleged sexual harassment of female students began. 12/31/2017 2/27/25, 7:07 Wins After Sued By Fired Director Accused Of Sexual Harassment | City-County Observer 1/3 Specifically, one came forward and alleged Moeller had inappropriately touched her upper thigh on one occasion, and frequently gave female students shoulder massages and side hugs without their permission. Moeller was sent a notice of the complaint against him, which included the allegations from the female student, as well as allegations that both male and female students were \u00e2\u20ac\u0153creeped out\u00e2\u20ac\u0000 by his actions, yet chose not to broach the issue for fear of academic retribution. In a subsequent written response and interview, Moeller claimed the allegations were true, but not in the context in which they were presented. He asserted his practice of touching students was meant to encourage them and was not intended to be sexual in nature. He also claimed he was a touchy person by nature who responded best to physical encouragement. Moeller went on to write he had implemented a zero-tolerance policy to break himself of his habit of touching students, and offered to be placed on probation under similar conditions. The university eventually removed him from his position as a clinic director, then terminated him after a series of meetings between the school\u00e2\u20ac\u2122s high-ranking faculty members determined he had violated university policy. Though his initial appeals and requests for rehearing were denied, Moeller found victory with the Faculty Board of Review, which determined there were procedural deficiencies in the investigation into his actions. The board recommended the university provide Moeller with a copy of its investigatory report, interview him a second time and provide a full explanation of the factors that led to his dismissal Chancellor Nasser Paydar made those options available to Moeller, but only on the condition that he waive his right to appeal. Moeller refused and instead filed the instant suit against the university, Paydar President Michael McRobbie and other university faculty members involved in the investigation. The defendants moved for summary judgment, prompting Moeller to move for dismissal without prejudice of two of his claims \u00e2\u20ac\u201c breach of contract and breach of the covenant of good faith and fair dealing claims. Those motions were the subject of Southern District Chief Judge Jane Magnus-Stinson\u00e2\u20ac\u2122s Wednesday opinion in Dr. Matthew C. Moeller v. The Board of Trustees of Indiana University d/b/a Indiana University School of Dentistry, et al., 1:16-cv-00446. As an initial matter, Magnus-Stinson denied Moeller\u00e2\u20ac\u2122s motion to dismiss the two breach claims, finding that if she did not do so, he would presumably litigate the same claims in state court, a course of action that would be unfair to the defendants. Instead, she granted the defendants\u00e2\u20ac\u2122 motion for leave to file a surreply in opposition to the motion to dismiss. Magnus-Stinson then went on to write the university and individual faculty members being sued in their official capacities each had 11 Amendment immunity, so Moeller\u00e2\u20ac\u2122s claims against them could not continue. While the faculty members did not have immunity for the claims against them in their individual capacities, the chief judge determined each of those claims failed as a matter of law. th \ue809 2/27/25, 7:07 Wins After Sued By Fired Director Accused Of Sexual Harassment | City-County Observer 2/3 Magnus-Stinson granted summary judgment to the faculty members on Moeller\u00e2\u20ac\u2122s due process claim, determining no reasonable jury could conclude he was not afforded notice of the claims against him or an opportunity to respond. Rather, the notice Moeller received outlined the six allegations against him that were the subject of the investigation. He then had the opportunity to respond both in writing and in an interview, as well as in other meetings with the school\u00e2\u20ac\u2122s faculty and through his various appeals and requests for reconsideration. \u00e2\u20ac\u0153The University\u00e2\u20ac\u2122s decisions to ensure an environment where students are free from uninvited back rubs, thigh touches and other physical contact by a clinical instructor who holds the power to negatively impact their clinical successes is a lawful one within its prerogative,\u00e2\u20ac\u0000 Magnus-Stinson wrote. \u00e2\u20ac\u0153A procedural due process claim is not an invitation for the Court to consider whether it agrees with the University\u00e2\u20ac\u2122s judgment, or whether it endorses the University\u00e2\u20ac\u2122s policies and procedures.\u00e2\u20ac\u0000She also granted summary judgment to the defendants on the state law breach claims, determining neither of those claims was based on any actual contract between Moeller and the school. Further, Moeller failed to respond to the university\u00e2\u20ac\u2122s substantive arguments regarding those claims, thus waiving any argument in opposition. Finally, in a footnote to the 48-page opinion, Magnus-Stinson addressed Moeller\u00e2\u20ac\u2122s claims that his conduct, though inappropriate, did not rise to the level of sexual harassment. \u00e2\u20ac\u0153The Court rejects the overall theme of his argument \u00e2\u20ac\u201d that the Defendants were somehow required to conclude that although he engaged in the conduct for which he was terminated, he should be excused either because he did not intend the consequences or because the recipients of his behavior should not have been offended,\u00e2\u20ac\u0000 she wrote. \ue809 2/27/25, 7:07 Wins After Sued By Fired Director Accused Of Sexual Harassment | City-County Observer 3/3", "7381_103.pdf": "From Casetext: Smarter Legal Research Moeller v. Bd. of Trs. of Ind. Univ Dec 27, 2017 No. 1:16-cv-00446 (S.D. Ind. Dec. 27, 2017) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free No. 1:16-cv-00446 12-27-2017 C. MOELLER, Plaintiff, v d/b/a D. KIRKLAND, and BANTZ, Defendants. Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 1/57 Hon. Jane Magnus-Stinson, Chief Judge United States District Court Southern District of Indiana Plaintiff Dr. Matthew Moeller worked at Indiana University in the School of Dentistry (the \"University\") as a Clinical Assistant Professor of Operative Dentistry - a non-tenure track position. In October 2014, the University became aware of allegations of sexual harassment made by students against Dr. Moeller. University representatives interviewed numerous students and informed Dr. Moeller that there were complaints that he had patted, rubbed, and massaged the backs of female students without their permission, and touched and rubbed the upper leg of a female student. Dr. Moeller admitted these allegations, but disputed their context and significance. After an investigation, which afforded Dr. Moeller the opportunity to present his version of events, the University terminated Dr. Moeller's employment. Dr. Moeller filed complaints and appeals with various University entities, one of which recommended that the University should provide Dr. Moeller with more information regarding the allegations, interview him again, and provide him with the reasons the University concluded that he should be terminated. The University adopted these recommendations and offered Dr. Moeller the additional information and another *2 interview on the condition that he waive his right to appeal the decision, but Dr. Moeller declined the offer. He then initiated this litigation, asserting, among other claims, violation of his right to procedural due process. 2 Defendants have filed a Motion for Summary Judgment, [Filing No. 68], and Dr. Moeller has moved to dismiss two of his claims, [Filing No. 80]. Both motions are now ripe for the Court's decision. 1 1 Also pending and ripe for the Court's decision is Defendants' Motion for Leave to File Surreply in Opposition to Plaintiff's Motion to Dismiss Counts Two and Five, [Filing No. 84], which the Court addresses below 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 2/57 The following factual background is set forth pursuant to the standard discussed below in connection with Defendants' Motion for Summary Judgment. The facts stated are not necessarily objectively true, but as the summary judgment standard requires, the undisputed facts and the disputed evidence are presented in the light most favorable to \"the party against whom the motion under consideration is made.\" Premcor USA, Inc. v. American Home Assurance Co., 400 F.3d 523, 526-27 (7th Cir. 2005). A. Dr. Moeller's Initial Employment With the University The University hired Dr. Moeller in 1985 as a part-time clinical instructor in the School of Dentistry. [Filing No. 68-1 at 3.] Also in 1985, Dr. Moeller opened a private practice where he worked approximately 15 to 18 hours per week. [Filing No. 68-1 at 3.] Dr. Moeller maintained his private practice for approximately thirty years, until October of 2016. [Filing No. 68-1 at 3.] In July of 1996, the University offered Dr. Moeller a non-tenure track position as Clinical Assistant Professor of Operative Dentistry in the Department of Restorative Dentistry. [Filing No. *3 68-1 at 4; Filing No. 68-3 at 3.] The University describes the position as \"primarily participat[ing] in preclinical and clinical instruction for undergraduate dental students.\" [Filing No. 68-3 at 3.] The appointment was for two years, with \"eligibility for annual reappointment.\" [Filing No. 68-3 at 3.] The University also offered Dr. Moeller a position as Clinic Director in the Comprehensive Care Program, a non-tenure track position that was a one-year appointment with a chance for reappointment to a three-year term. [Filing No. 68-3 at 1.] As Clinic Director, Dr. Moeller would \"manage the succession of charts from graduating students to new third-year students and distribute them fairly and then replenish them as [he] was able. And [he] would counsel them in difficulties that they would have....\" [Filing No. 68-1 at 5.] Dr. Moeller believed that he \"played a more important role than anyone on faculty or staff\" in the students' ability to successfully complete dental school. [Filing No. 68-1 at 6.] In May 2014, the University notified Dr. Moeller that his appointment as Clinical Assistant Professor had been extended through the 2021-22 academic year. [Filing No. 68-4.] 3 B. University Policies and the University Handbook 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 3/57 *4 [Filing No. 68-5 at 2.] The University instituted a policy entitled \"Permanent Separations for Academic Appointees,\" which stated in relevant part: Discharge for Cause Dismissal From The Faculty Or Libraries Dismissal shall mean the involuntary termination of a tenured faculty member's or librarian's appointment prior to retirement or resignation, or the termination of the appointment of a non tenured faculty member or librarian prior to the expiration of the term of appointment. Dismissal is thus to be distinguished from the non-reappointment of a probationary faculty member. Dismissal shall occur only for reason of (a) incompetence, (b) serious personal or professional misconduct, or (c) extraordinary financial exigencies of the University. No faculty member or librarian shall be dismissed unless reasonable efforts have been made in private conferences between the faculty member and the appropriate administrative officers to resolve questions of fitness or of the specified financial exigency. If no resolution is attained, the faculty member or librarian to be dismissed shall be notified of dismissal in writing by the Vice President or Provost or President one year before the date the dismissal is to become effective, except that a faculty member or librarian deemed guilty of serious personal misconduct may be dismissed upon shorter notice, but not on less than ten days' notice. Upon receipt of the dismissal notification, a faculty member or librarian must be accorded the opportunity for a hearing statement with reasonable particularity of the grounds proposed for the dismissal shall be available in accordance with the provisions of the Faculty Constitution faculty member or librarian shall be suspended during the pendency of dismissal proceedings only if immediate harm to himself, herself, or others is threatened by continuance. Any such suspension shall be with pay. 4 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 4/57 The University also instituted a \"Code of Academic Ethics\" policy, which states in relevant part: Relations with Students. With regard to relations with students, the term \"faculty\" or \"faculty member\" means all those who teach and/or do research at the University including (but not limited to) tenured and tenure-track faculty, librarians, holders of research, lecturer, or clinical appointments, graduate students with teaching responsibilities, visiting and part-time faculty, and other instructional personnel including coaches, advisors, and counselors. The University's educational mission is promoted by professionalism in faculty/student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty members and students that harm this atmosphere undermine professionalism and hinder fulfillment of the University's educational mission. Trust and respect are diminished when those in positions of authority abuse or appear to abuse their power. Those who abuse their power in such a context violate their duty to the University community. Faculty members exercise power over students, whether in giving them praise or criticism, evaluating them, making recommendations for their further studies or their future employment, or conferring any other benefits on them. All amorous or sexual relationships between faculty members and students are unacceptable when the faculty member has any professional responsibility for the student. Such situations greatly increase the chances that the faculty member will abuse his or her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect, given the fundamental asymmetric nature of the relationship. Moreover, other students and faculty may be affected by such unprofessional behavior because it places the faculty member in a position to favor or advance one student's interest at the expense of others and implicitly makes 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 5/57 [Filing No. 68-7 at 2-3.] [Filing No. 68-6.] obtaining benefits contingent on amorous or sexual favors. Therefore, the University will view it as a violation of this Code of Academic Ethics if faculty members engage in amorous or sexual relations with students for whom they have professional responsibility, as defined in number 1 or 2 below, even when both parties have consented or appear to have consented to the relationship. Such professional responsibility encompasses both instructional and non-instructional contexts. 1. Relationships in the Instructional Context faculty member shall not have an amorous or sexual relationship, consensual or otherwise, with a student who is enrolled in a course being taught by the faculty member or whose performance is being supervised or evaluated by the faculty member. 2. Relationships outside the Instructional Context faculty member should be careful to distance himself or herself from any decisions that may reward or penalize a student with whom he or she has or has had an amorous or sexual relationship, even outside the instructional context, especially when the faculty member and student are in the same academic unit or in units that are allied academically. The University Handbook states: Statements and policies in this Handbook do not create a contract and do not create any legal rights. In the event of differences between this document and the original documents cited therein, the wording in the original documents or master contracts shall obtain. Finally, the University's Code of Academic Ethics states: *5 5 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 6/57 a. Initiation of Complaints Any concerned person may initiate complaints about alleged violations of the Code of Academic Ethics. Such complaints should be brought to the attention of an appropriate chairperson or dean, or to the appropriate Vice Provost for Faculty and Academic Affairs/Vice Chancellor for Academic Affairs or his or her deputy; the Vice Provost for Faculty and Academic Affairs/Vice Chancellor for Academic Affairs shall provide for confidential representations regarding such violations. Charges of discriminatory practice may be referred also to the appropriate Affirmative Action Officer. b. Administrative Action on Violations of Academic Ethics The line of administrative action in cases of alleged violation of academic ethics shall be the chairperson; the academic dean; the appropriate Vice Provost for Faculty and Academic Affairs/Vice Chancellor for Academic Affairs; the appropriate Chancellor/Provost; a Vice President, where appropriate; and the President. Subject to the substantive standards of University tenure policy and the procedural safeguards of the faculty institutions, sanctions appropriate to the offense should be applied by the academic administrators. Possible sanctions include the following: reprimand, consideration in 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 7/57 [Filing No. 68-7 at 7-8.] establishing annual salary, consideration in promotion decisions, consideration in tenure decisions, retention of salary, termination of employment, and immediate dismissal. c. Review of Administrative Action Academic appointees affected by administrative action taken against them on grounds of violation of the Code of Ethics, whether or not the action resulted from proceedings provided in this Code, shall have such rights as are provided by the rules governing appeals to the Faculty Board of Review (or to the Associate Instructor Board of Review) of the appropriate campus, Appointees also have the rights of hearing and appeal provided by any other procedure of the University for the review of administrative action. C. The Allegations Against Dr. Moeller In October 2014, Dr. Melanie Peterson, the Associate Dean for Admissions and Student Affairs at the University, notified Dr. Kim Kirkland, the Director of the University's Office of Equal Opportunity (\"OEO\"), that she had learned that there was a complaint of sexual harassment against a faculty member. [Filing No. 68-8 at 2-5.] Dr. Kirkland asked Ginger Arvin, a senior investigator at the OEO, to follow up with Dr. Peterson regarding the allegation, and Ms. Arvin interviewed Dr. Peterson shortly thereafter. [Filing No. 68-8 at 5; Filing No. 68-8 at 10; Filing No. 68-9 at 2; Filing No. 68-9 at 6; Filing No. 68-10.] Dr. Peterson advised Ms. Arvin that a dental student in Clinic mentioned to her during a meeting that female students in Clinic felt uncomfortable because Dr. Moeller would touch them inappropriately. [Filing No. 68-8 at 3; Filing No. 68-10 at 1.] Dr. Peterson also advised that a female student in Clinic told her that Dr. *6 Moeller had put his arm around her, that she did not feel comfortable, and that Dr. Moeller put his 6 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 8/57 [Filing No. 68-8 at 5; Filing No. 68-11.] hand on the thigh of another female student in Clinic during a class session. [Filing No. 68-8 at 3-4.] After her interview, Dr. Peterson sent Ms. Arvin an email which stated just spoke with [the female student in Clinic B] and she will be expecting you to contact her. She indicated that \"everyone in Clinic is aware of the situation.\" She indicated that the situation with the student who will hopefully stop by later this afternoon \"crossed the line.\" She suggested that it might be helpful to have a meeting with the entire Clinic group of students since \"everybody knows.\" There are allegations that this has happened before and was never addressed properly have no idea if this is true. Dr. George Willis is the Clinic Dean and if a student was moved to another group would think he would be aware. Understandably there is concern about retaliation and \"not graduating\" on time because of this. 2 2 Defendants state in their brief that \"Dr. Peterson also informed Ms. Arvin that [the female student in Clinic who complained that Dr. Moeller had put his hand on her thigh] 'has had a couple of unpleasant encounters with Dr. Moeller.' [Filing No. 68-11.] Dr. Peterson stated that she was 'concerned that any students are put in the position of feeling uncomfortable,' and that she was 'getting the idea that this behavior has been long-standing.' [Id.].\" However, the email filed at Filing No. 68-11 does not contain this information or the quoted language. The Court is under no obligation to \"scour every inch of the record,\" Johnson v. Cambridge Indus., 325 F.3d 892, 898 (7th Cir. 2003), although it did attempt to locate the quoted language in other exhibits, to no avail. Accordingly, the Court will not consider this information. Ms. Arvin interviewed the female student on October 15, 2014, and the student discussed three incidents involving Dr. Moeller. [Filing No. 68-9 at 2; Filing No. 68-12.] First, the student advised that she took a concern regarding a radiograph to Dr. Moeller at the end of July 2014, and that during their discussion Dr. Moeller patted her back. [Filing No. 68-9 at 3; Filing No. 68-12 at 1; Filing No. 68-13 at 2-3.] The student stated that, at the time, she did not think anything about him touching her back, and 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 9/57 understood that the pat was a \"pat of encouragement.\" [Filing No. 68-9 at 3; Filing No. 68-12 at 1; Filing No. 68-13 at 3.] *7 7 Second, the student advised that during a Group Learning Activity (\"GLA\") with another clinic director on September 4, 2014, she was sitting in a chair around a table when Dr. Moeller came over to her, bent down to greet her, and then rubbed the top of her right thigh for a couple of seconds. [Filing No. 68-9 at 3-4; Filing No. 68-12 at 2.] The student, who is not American born, stated that she froze and wondered whether Dr. Moeller's conduct was acceptable in American culture. [Filing No. 68-12 at 2; Filing No. 68-13 at 5.] The student thought it \"[c]ould be [Dr. Moeller] was trying to hit on me,\" and that it was \"awkward behavior\" and \"completely inappropriate behavior.\" [Filing No. 68-13 at 9-10.] Dr. Moeller contends that he touched the student on her left knee, that the student then \"suddenly switched chairs with a male classmate,\" that she then plugged her laptop in and he \"wondered if that was the reason she suddenly moved,\" that he later apologized to her for touching her leg, and that she \"meekly said words expressing, 'It's ok, it's nothing.'\" [Filing No. 79-47 at 1.] Third, the student told Ms. Arvin that at a the following week, Dr. Moeller dragged a chair over to her to sit by her and then gave her a back massage without her permission. [Filing No. 68-13 at 5-6 male student immediately saw how uncomfortable the female student was, and offered to trade seats with her. [Filing No. 68-13 at 5-6.] The student advised Ms. Arvin that as a result of these three incidents, she tried to stay away from Dr. Moeller because she did not feel secure or comfortable and worried that her career might be at risk if she made a complaint against him. [Filing No. 68-12 at 3-5; Filing No. 68-13 at 6-7; Filing No. 68-13 at 11.] The student stated that students are intimidated by Dr. Moeller and are concerned about retaliation. [Filing No. 68-9 at 5; Filing No. 68-13 at 4-5; Filing No. 68-13 at 11.] She advised that Dr. Moeller would touch, pat, massage, and rub other female students on a regular basis without their permission, and *8 that this conduct had been going on for a long time. [Filing No. 68-9 at 4; Filing No. 68-13 at 10-11.] Dr. Moeller denies that this third incident occurred. [Filing No. 79-4 at 17-19.] 8 D. The Investigation 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 10/57 On October 17, 2014, Dr. Peterson met with the Clinic students and informed them that the may be contacting them, but she did not mention or refer to Dr. Moeller by name and did not provide any information regarding the nature of the investigation. [Filing No. 68-8 at 7.] Ms. Arvin then proceeded to conduct an investigation pursuant to the University's Operating Procedures for Processing Complaints of Discrimination. [Filing No. 68-9 at 13; Filing No. 68-15.] She interviewed twelve current students (eight female and four male), one former student, two faculty members, and one staff member. [Filing No. 68-9 at 18; Filing No. 68-16.] Of the eight current female students interviewed, six advised that Dr. Moeller had massaged or rubbed their back without permission. [Filing No. 68-9 at 9-19; Filing No. 68-17.] Several students also advised that Dr. Moeller's conduct made them feel uncomfortable and that they avoided being alone with him. [Filing No. 68-9 at 9-10; Filing No. 68-9 at 16-20.] Other Clinic students stated that they had not witnessed Dr. Moeller \"patting, rubbing and/or massaging the backs and shoulders of female students,\" but had heard that: (1) he \"gives a lot of people massages, both guys & girls,\" [Filing No. 79-7 at 1]; (2) he is \"going to grope you, massage shoulders[,] touch you in a creepy way [that] feel[s] uncomfortable,\" [Filing No. 79-8 at 1]; (3) a student was being moved out of clinic because she had claimed that she would be sitting at her desk and he would approach her from behind and grab her shoulder, [Filing No. 79-9 at 1-2]; and (4) he gave back rubs to females, [Filing No. 79-12 at 2]. One of the former female students Ms. Arvin interviewed advised that several years before, Dr. Moeller was standing behind her while she was showing him something on her laptop when *9 he put his hands on her shoulders, reached down, and touched the top of her bra next to her breast. [Filing No. 68-9 at 11-12.] The former student did not file a formal complaint against Dr. Moeller, but was moved to another clinic after the incident. [Filing No. 68-9 at 12.] 9 3 3 Dr. Moeller denies that this specific incident occurred. [Filing No. 68-1 at 15; Filing No. 68-9 at 14.] E. Dr. Moeller's Response 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 11/57 Dr. Moeller received a Notice of Complaint from the on October 23, 2014. [Filing No. 68-1 at 11; Filing No. 68-14.] The Notice of Complaint reads as follows: The Office of Equal Opportunity (the \"Office\") has received information from students in the School of Dentistry alleging that you engaged in conduct that, if true, may violate the Indiana University-Purdue University Indianapolis (IUPUI) Policy On Equal Opportunity, herein referred to as the \"Policy.\" The policy noted may be accessed through the following link to the web page: copy of the policy is also enclosed for your puss of reference. Upon receipt of such information, the University is required to conduct an investigation in order to determine whether the Policy has been violated The complaint filed with the Office alleges sexual harassment against various students by you. Below is a summary of the allegations which state that: 1. On a regular basis, you pat, rub, and massage the backs of female students, without their permission, making them feel uncomfortable and awkward while in your presence. 2. You were observed touching and rubbing the upper leg of a female student. 3. Your pattern of inappropriate touching behavior is long- standing and on-going. 4. Male and female students are \"creeped out\" fey your inappropriate touching behavior. 5. Whenever possible, female students make a point of not befog alone while in your presence. 6. Due to your position of authority in the School of 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 12/57 [Filing No. 68-14 at 4.] Dentistry, students are intimidated by your Inappropriate behavior and fear retaliation by you. The Notice of Complaint described Dr. Moeller's rights as follows: *10 10 You are presumed innocent of the allegations unless and until there is a final administrative finding of culpability or an admission by you that the allegations made are true. As the Respondent or \"subject\" of the complaint, you have the right to be informed of the complaint and to submit a written response to the allegations. That written response may be as long as you deem appropriate, but should contain only those relevant statements and materials that you reasonably believe support your view of the important facts. In your written response you are urged to submit the names (with accompanying addresses, telephone numbers, and email addresses) of individuals who may have direct and relevant information about the specific allegations. Such information should relate to the witness' personal experience or observation and should tend to establish either the truth or falsity of the allegations. In addition to addressing the important facts contained in the allegations, you may also provide a written analysis of whether, in your opinion, the facts support a finding that you have violated the standards contained in the Policy. Finally, you will be afforded the opportunity to verbally present your position to the Office during a personal interview. It is suggested, however, that your written response, if any, to the allegations be submitted to us at least three (3) workdays prior to the scheduled interview. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 13/57 [Filing No. 68-14 at 6.] It is your decision whether to seek the advice and assistance of your own legal counsel to help prepare your position during the investigation. The University will not reimburse you for legal fees or the cost associated with retaining the services of a personal attorney. In addition, it would be inappropriate for University counsel to represent you personally during the investigation, and you should not ask University counsel to do so or to provide you with personal legal advice. If you elect to have your personal counsel present during your interview, you may do so; however, your counsel will not be permitted to answer questions for you, to make statements on your behalf, or to delay or interrupt the interview. If your counsel elects not to observe these conditions, he/she will he excused from the remaining portions of the interview. Finally, if your counsel is present at the interview, it is likely that University Counsel will also be present. The Decisional Authority will notify you of the decision and what, if any, disciplinary or remedial measures may be imposed or implemented. Dr. Moeller submitted a written response to the on November 3, 2014, stating: *11 11 Explanation (Not Excuse) for Matthew C. Moeller Behavior in Question The physical gestures noted in the complaint occurred, but not in the context suggested The frequency of the touching and its effect seem exaggerated understand that students might reasonably choose to not give me recognizable negative feedback attended Indiana University School of Dentistry as a student from 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 14/57 1981 to 1985 have been a faculty member 29 years vowed to never forget how difficult and discouraging dental school can be for most students take pride in having accomplished such a difficult goal, but also am grateful for those who encouraged me am known to hold my students to the highest levels of performance have attempted to be not Just hard, but hard and friendly. Countless graduates have thanked me for one, the other or both have been treated for clinical depression for the better part of 22 years. This has been a particularly difficult year; but with professional help am learning much, and this needed change in my behavior can be part of my continued growth always have, and probably always will, strongly associate affectionate gestures with caring and support. About two weeks ago a student thanked me for something and gently touched my forearm smiled Inside and out share my medical history not as a bid for sympathy or leniency, but rather as a factual disclosure of a significant influence on my personality/behavior. Before continue, let me stress that am submitting an explanation, not an excuse, However innocent think my intention, it remains a serious mistake that must never happen again. Since receiving the notice of investigation have obviously been more aware of myself in regards to physical gestures. Despite narrow passages and cramped treatment areas have put myself on \"zero tolerance\", and the needed change is already in effect. To give detail to my generalizations remember well touching [Redacted] left thigh just above the knee at 7:59 that Thursday morning. Since another faculty member leads seminar sit with the students and evaluate participation. The chairs were set closely and as sat down greeted her with something to the effect of \"How are you doing, ok immediately knew that my quick touch was inappropriate and verbally apologized to her within 24 hours, she assured me that she was not offended, but acknowledge that all is rarely as it appears (or even expressed with wordsl). 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 15/57 *12 [Filing No. 68-18 at 3-4.] Almost all my students are anxious about not having enough dental patients to fulfill graduation expectations have no additional patients to assign so all can do is extend compassion and encouragement. You may roll your eyes at this, but can say it in earnest am driven to comfort and support, but regretfully, on occasion have attempted it in a fashion that works for me, but not foreveryone, [Redacted] is one of numerous students that have expressed concern about not having enough patients. This is why greeted her as did. In addition have also tried to be especially friendly to the International Dental Program students because they are merged into a class of students that have already known each other for two years. This is a new program and is trying hard to make it work well. 12 apologize to my employer for my disappointing behavior realize there are huge financial risks associated with sexual harassment have tried to show that my behavior was not about amorous attraction or sex and ft was not about harassment ask for forgiveness of behavior that however well-intentioned, was received or observed with offense am re-prog ramming my errant reflexes. In acknowledging that it shouldn't have taken an investigation to change me offer explanation, but no excuse should have recognized the danger inherent in all unrequited touching am sorry. If it can advance this stressful investigation, know that would not contest zero tolerance probation. In this way can continue with good cheer my valuable work at have no history of vindictive retribution. All students remain an equaI customer would vehemently deny ever giving preferential treatment to one student over another based on anything other than progress data and occasionally special patient needs. From my perspective no students would need to be transferred to another clinic. 4 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 16/57 *13 [Filing No. 68-1 at 9.] The student responded that she was not interested. [Filing No. 68-1 at 10.] 4 The names of all students have been redacted from re-produced excerpts. Ms. Arvin interviewed Dr. Moeller on December 3, 2014 in the presence of Dr. Kirkland. [Filing No. 68-2 at 2; Filing No. 68-9 at 17; Filing No. 68-19.] During the interview, Dr. Moeller again admitted to touching the student's thigh, and to rubbing and massaging the backs of female students without their permission. [Filing No. 68-1 at 12; Filing No. 68-2 at 3; Filing No. 68-9 at 18.] He also told Ms. Arvin that his conduct was \"inappropriate,\" but claimed that it was not \"sexual harassment.\" [Filing No. 68-19 at 3.] During his interview, Dr. Moeller also discussed three other incidents involving students. First, Dr. Moeller discussed sending a note to a student saying really enjoy you. Is there any chance to reciprocate?\" [Filing No. 68-2 at 4-5.] This incident occurred in the late 1990s, and Dr. Moeller described it as follows: Back in 1998, there was a student, again, in Clinic that thought was an attractive person. And left a note in her mailbox, and it went unanswered. And then [former Dean of Students Dr. Margot] Van Dis called me and said, you know, this student felt uncomfortable with this. And I'll always admire the advice that Dean Van Dis gave, and that is, \"Student, you need to answer his question,\" and then, \"Dr. Moeller, you need to leave her alone.\" And that was easy enough. 13 Second, in 2012 Dr. Moeller dated a student during her fourth year of dental school and for two years thereafter. [Filing No. 68-1 at 7-9.] Dr. Moeller informed the Assistant Dean of Student Affairs at the time about their relationship. [Filing No. 68-1 at 7-8.] The student was in Clinic and Dr. Moeller was the director of Clinic B, but Dr. Moeller would have to oversee students in Clinic \"almost on a weekly basis.\" [Filing No. 68-1 at 8.] Finally, Dr. Moeller discussed an incident when he invited a student from Clinic to bring her dog over to a lake near his house to swim. [Filing No. 68-1 at 9.] The student declined the invitation. [Filing No. 68-2 at 5.] 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 17/57 *14 On December 18, 2014, Ms. Arvin submitted her Report of Investigation (the \"Report\") to the Dean of the School of Dentistry, Dr. John Williams. [Filing No. 68-9 at 19; Filing No. 68-17.] Ms. Arvin prepared the Report in consultation with Dr. Kirkland, and Dr. Kirkland approved it. [Filing No. 68- 9 at 19; Filing No. 68-21 at 3.] The Report stated, in part [Redacted] alleges that female students in the IUSD, Including herself, are subjected to sexual harassment by Dr. Moeller. Specifically, [Redacted] alleges that: 1. On a regular basis, Dr. Moeller pats; rubs and massages the backs and shoulders of female students, without their permission, making them feel uncomfortable and awkward white in his presence. 2. Dr. Moeller touched and rubbed her upper leg. 3. Dr. Moaner's pattern of inappropriate touching behavior is long-standing and on-going. 4. Male and female students are \"creeped out\" by Dr. Moeiler's Inappropriate touching behavior. 5. Whenever possible, female students make a point of not being alone while in Dr. Moeller's presence. 6. Due to his position of authority, students are Intimidated by Dr. Moeller's inappropriate behavior and fear retaliation by him. 14 This report is based on a review of supporting documentation and interviews conducted with 16 individuals in the IUSD, including Dr. Moeller, Personnel interviewed consists of faculty, staff and students (past and present) who Interact regularly with Dr. Moeller and have direct information to help assess the validity of the allegations. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 18/57 [Redacted] assert that Dr. Moeller, who is in a position of authority in the IUSD, inappropriately touches female students, including herself. Since beginning her clinical experience in Clinic B, [Redacted] says that Dr. Moeller regularly pats her back and massages her shoulders. According to [Redacted], there are three incidents which standout to support her allegations. The first time Dr. Moeller patted her on the back occurred at the end of July 2014. [Redacted] says that after asking Dr. Moeller about a radiograph she had taken, Dr. Moeller told her she followed the correct procedure and then patted her on the back. At first, [Redacted] didn't think anything about Dr. Moeller touching her \u2014 she just thought Dr. Moeller was encouraging her. However, Dr. Moeller continued the conversation telling [Redacted] that another faculty member, Dr. Vanchit John, told him \"Indian girls don't like to be touched.\" [Redacted] wasn't sure why Dr. Moeller told her about Dr. John's statement because Dr. Moeller's touch wasn't something of concern at that time. The second incident occurred during a Group Learning Activity (GLA) conducted by Dr. Judith Chin on September 4, 2014. According to [Redacted] Dr. Moeller stood in front of her while she sat in a chair. As Dr. Moeller bent down to greet her; he rubbed the top of her right leg close to her thigh. She says the touch lasted a couple of seconds, Dr. Moeller then sat in a chair next to her. Stunned, [Redacted] says she \"froze\" in her chair until the class was over wondering if the manner in which Dr. Moeller greeted her was common in American culture. She says Dr. Moeller's touch made her feel very awkward and uncomfortable. She recalls that at least two other students observed Dr. Moeller touch her on her upper leg. After one of those students asked her, \"What the hell is he [Dr. Moeller] doing with your?\" The third Incident occurred on September 11, 2014 during another 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 19/57 *15 wherein [Redacted] chose a seat as far away from Dr. Moeller as possible. According to [Redacted] when Dr. Moeller saw her, he purposefully dragged a chair over to sit next to her. At some point during GLA, Dr. Moeller massaged [Redacted] back while leaning in towards her. Again, she says she felt very uncomfortable and awkward male student sitting oh the Other side of [Redacted] observed what was happening and asked her if she wanted to change seats with him. [Redacted] says that after exchanging seats with the male student, Dr. Moeller asked her, \"Have offended you?\" [Redacted] responded to Dr. Moeller stating \"no\" because she was afraid to tell him exactly how she was feeling. Information gleaned from witness interviews support [Redacted] aIlegations of inappropriate touching, pats, rubs and massages to the back and shoulders total of 12 students were interviewed \u2014 eight female and four male. Six of the eight female students interviewed report being touched inappropriately by Dr. Moeller making them feel uncomfortable. These students say that Dr. Moeller rubs, pats and massages their backs and shoulders and gives side hugs, without their permission former female student reports being moved from Clinic in 2007 because Dr. Moeller put his hand 15 down the front of her top. In addition to behaviors of inappropriate touching, a related pattern of behavior manifested itself in Dr. Moeller's past actions with other students that include asking a former female student for a date, dating a former female student and initiating non-academic related email and text messaging exchanges with current fern ale students. [Redacted] also asserts that students are intimidated by Dr. Moeller and fear retaliation by him. [Redacted] says that she feared her career would be at-risk if she told Dr. Moeller to stop touching her. As director of Clinic B, Dr. Moeller is responsible for assigning 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 20/57 patients to students. Students receive a specified number of points for each treatment performed on a patient; there is a cumulative number of points to meet graduation requirements. As a result, students have not confronted Dr. Moeller about his behavior because they worry he will not assign patients to them, thus they will not graduate. As one student said, \"He [Dr. Moeller] has our fate in his hands.\" The majority of students contend that Dr. Moeller's behavior has gone unreported to administration in the past because they believe their concerns would not have been taken seriously. In his written statement, Dr. Moeller admits the \"physical gestures noted in the complaint occurred, but not in the context suggested.\" Dr. Moeller further Wrote that however innocent his intentions, his behavior is a \"serious mistake that must never happen again.\" During his interview, he reiterated these same sentiments saying that he pats, rubs and massages the backs and shoulders of students of both genders. Dr. Moeller says he is \"driven to comfort and support\" students, but understands, regretfully, that what, works for him doesn't always work for everyone else. Dr. Moeller admits to touching [Redacted] thigh as he greeted tier before a in September 2014. According to Dr. Moeller, he immediately knew that his quick touch was inappropriate thus he Verbally apologized to [Redacted] within 24 hours of the incident. He says that [Redacted] is one of numerous students that have expressed concern about not having enough patients. Additionally, he says that he tries to be especially friendly to the students because they are merged into a class of students that have already known each other for two years. Per Dr. Moeller, \"That is why greeted her as did.\" Dr. Moeller acknowledges his conversation with Dr. John, referenced by [Redacted] earlier in this report, that the Indian culture does not appreciate being touched. Regarding related behavior, Dr. Moeller vehemently-denies putting his hand down the front of a former female student's top. Per Dr. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 21/57 *16 Moeller administration never informed him why that student was moved from his clinic. However, he confirms that he had an amorous relationship with a former female student. According to Dr. Moeller, he wrote a letter to Dr. Robert Kasberg, then Assistant Dean for Admissions and Student Affairs, on February 12, 2011 informing Dr. Kasberg of the relationship. Although Dr. Moeller believes this relationship did not violate Code of Academic Ethics, he realizes that students perceive the relationship as ethically unacceptable. Moreover, Dr. Moeller concedes that texting and emailing female students when the pur pose of the communication has no contextual academic connection is Inappropriate. 16 According to Dr. Moeller, he holds his students to the highest levels of performance and attempts to be \"not just hard, but hard and friendly.\" He is aware that most of his students are anxious about not having enough dental patients to fulfill graduation requirements. Because he has no additional patients to assign, even though he has advocated for such, all he can do is extend compassion and encouragement Therefore, Dr. Moeller understands that students might be Intimidated by him due to his position of authority at IUSD. Dr. Moeller says his behavior is not about amorous attraction or sex, and although inappropriate, it is not sexual harassment because he did not ask for anything in return from the students. Dr. Moeller asks for \"forgiveness of behavior that, however well-intentioned, was received or observed with offense.\" According to Dr. Moeller, he should have recognized the danger Inherent in all unrequested touching, thus he has put himself on \"zero tolerance\" by re- programming his errant reflexes.\" Dr. Moeller does not believe his behavior warrants dismissal from IUSD. He wants to be a better person and is willing to send an apology to students affected. Per Dr. Moeller want to show humbleness and humility.\" 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 22/57 [Filing No. 68-17 at 2-4 The majority of female students interviewed support [Redacted] allegations that Dr. Moeller rubs, pats and massages their backs and shoulders and gives side, hugs, without their permission, Moreover, most students interviewed expressed fear of not graduating due to Dr. Moeller's control over assigning patients and retaliation if they confronted him about his inappropriate behavior. Dr. Moeller concedes that, however well-intended, his behavior is a \"serious mistake that must never happen again.\" Although Dr. Moeller admits to giving students shoulder massages and back rubs, in addition to touching [Redacted] opper leg, he does not believe these incidents occurred in the context suggested by [Redacted] Dr. Moeller says his behavior, albelt inappropriate, is not sexual harassment because he did not ask for anything in return from the students \u2014 he was only providing comfort and support to the students. While Dr. Moeller believes his actions do not rise to the level of sexual harassment, there is a preponderance of evidence to suggest that he did sexually harass female students in the resulting from his unwelcome physical conduct of a sexual nature with such students. Moreover, there is sufficient evidence to support that Dr. Moeller's conduct is long-standing and on-going which created an intimidating, hostile and offensive learning environment in the lUSD, Upon Weighing the totality of evidence, combined with his own admission, it is determined that Dr. Moeller is responsible for the alleged misconduct. Therefore, the OEO's finding is that Dr. Moeller's actions violated the University's Policy Against Sexual Harassment, UA-03. F. The Decision to Terminate Dr. Moeller 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 23/57 Dean Williams met with Dr. Moeller and Dr. George Willis, Dr. Moeller's supervisor, on December 19, 2014. [Filing No. 68-2 at 8-9.] Dean Williams informed Dr. Moeller that he would be \"temporarily relieved of [his] director's supervisory role of students and suspended from further *17 clinic or student contact pending final determination of this matter,\" effective immediately. [Filing No. 68-23.] 17 Dr. Moeller sent an email to Dean Williams and Dr. Willis on December 22, 2014, which attached his November 3, 2014 response to the Notice of Complaint and stated: This is my response to the assertions of the Office of Equal Opporturiity. In the 100-minutes in which Ginger Arvin and Dr. Kim Kirk and attempted to know me asked them if you would receive this document. \"No, but it will be summarized want you to have it word for word. It is no less true today than on November 3 am disappointed and angry. If my demotion is not momentary then am not sure if will quit in disgust or fight for justice. This is not meant to be a threat, but rather another clear communication about who am, what am thinking, and what have (or haven't) done. Upon having been officially corrected do not believe have made the same mistake twice. Hence, no pattern understand due process; and although was stunned at what was hearing remember the \"for your protection am willing to be unfairly humiliated in public if it paves the way to reappointment to Clinic directorship repeat: there is nothing sexual or harassing about what have done. Reluctantly adapting to a new world, it took this much trouble to successfully correct some of my love-of-teaching reflexes, and we all would win by returning me to Clinic under probation and \"zero tolerance will risk my continued employment on the chance of another misrepresented episode of friendliness and encouragement. You both have known me more than 100 minutes. Please do the right thing. To the extent that this response does not address the concerns of your report am eager to discuss discrepancies. My heart is pure, my conscience is clear. If had a little more information, I, may be able to add insight into what is really happening here. rd 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 24/57 [Filing No. 68-24 at 1.] Dean Williams met again with Dr. Moeller on January 22, 2015, [Filing No. 68-22 at 3; Filing No. 68-22 at 8], and on January 26, 2015, Dr. Moeller's counsel sent a letter to Dean Williams asserting that Dr. Moeller's conduct did not rise to the level of sexual harassment and that the investigation was \"flawed,\" [Filing No. 68-25]. On March 15, 2017, Dr. Moeller emailed Ms. Arvin and others stating that \"[a]t this time would like to examine all records on me that relate to the administrative processing of periodic incidents involving faculty, staff, student, or patient concerns am interested in the time period of 1985 to date.\" [Filing No. 79-51 at 1.] Ms. Arvin responded to Dr. Moeller, stating that all of the allegations outlined in the Notice of Complaint were discussed at the December 3, 2014 meeting, where Dr. Moeller had a chance to verbally respond, to be represented by counsel, to provide a written response, and to submit additional materials. [Filing No. 79-51 at 2.] Ms. Arvin stated \"[t]here are no other 'periodic *18 incidents involving faculty, [staff], student or patient concerns' that went into our investigation that you did not have an opportunity to address when we met or in writing did not have access to nor did review your faculty files as part of my investigation, so cannot speak to what is or is not in those files.\" [Filing No. 79-51 at 2.] 18 Dr. Moeller emailed Dean Williams again on March 24, 2015, detailing his position regarding the investigation of the allegations against him. [Filing No. 68-26.] He stated, in part: Have you considered that the investigation and conclusion may be flawed? Are you prepared to personally endorse it? It concerns me that at our last meeting you did not know whether my response statement came before or after the Interview. Be reminded that my response statement apologizes for incidental touching, it contests having sexually harassed anyone. I'm concerned that an appeal to Chancellor Bantz may call into question your endorsement of a flawed investigation and inadequate critique of the situation. Have you spoken with the student(s) that have allegedly offended? What outcome do they want? My guess is that they are horrified at 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 25/57 how this concern has been processed. Let me offer you an option for getting this: mess off your desk. The following is how my grievance and your liability go away: 1. As there are no comprehensive care clinics presently needing directors; in the spirit of give and take would be satisfied being returned to increased amounts of clinic and laboratory instruction. Recall my explaining \"clinic freezes\" to you. We have always been short of adequate chairside instruction. Please don't hastily dismiss such a qualified, needed resource. 2 vindication email of the following wording would be sent to all recipients of Dr. Willis's email of January 2, 2015: \"Indiana University made a serious mistake in abruptly removing Dr. Moeller from 18 years of outstanding Clinic leadership. He did not sexually harass anyone, Dr. Moeller forgives all involved. Please join me in welcoming Dr. Moeller back to the clinical and laboratory teaching that he loves.\" Dean Williams 3. My pay level would not be reduced. 4. Indiana University would reimburse to me all professional fees paid to Mr. Jay Mercer. 5 am also willing to be placed on some form of acceptable probation that would appease the OEO. If Indiana University continues to be unwilling to cooperate with our attempts to problem solve, it is the school that advances this to litigation as the only remaining mechanism for getting a serious review of the \"evidence\" that supposedly supports the conclusion that have sexually harassed one or more students. In closing, let me continue the wonderful conversation that you and enjoyed while traveling to and from South Bend. May share the origin of my knee patting? When driving, five generations of 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 26/57 [Filing No. 68-26 at 2.] Moellers have patted the knee of the shotgun passenger in the spirit of, \"So, how's it going?\" (Note it was not sexual). My ninety-year- old father told me, \"Yes, your grandfather started that, and now his great-grandchild greets his groat-great-grandchild in the same way.\" Dean Williams met with Dr. Moeller on March 26, 2015, and informed Dr. Moeller that he was \"being dismissed for cause and that [his] employment with Indiana University School of *19 Dentistry [was] terminated, subject to the final approval of the Chancellor.\" [Filing No. 68-27.] Dean Williams based his decision on the OEO's investigation and also on his commitment \"to an environment that's safe, both physically and emotionally safe environment, for the dental school community, including students, staff, and faculty.\" [Filing No. 68-22 at 7.] 19 G. Dr. Moeller's Request for Reconsideration and Appeal On April 3, 2015, Dr. Moeller's counsel sent a letter to Dean Williams which stated \"[p]lease accept this letter as a Request for Reconsideration pursuant to Section 11 of the Indiana University Operating Procedures for Processing Complaint of Discrimination 'Operating Procedures.'\" [Filing No. 68-28 at 2.] In the letter, Dr. Moeller's counsel discussed \"[i]rregularities in [the] process,\" including \"[f]ailure to follow Enforcement Principles,\" and \" [f]ailure to follow Operating Procedures,\" and \"[i]rregularities in [the] investigation.\" [Filing No. 68-28 at 2-6.] His counsel also argued in the letter that the facts did not support a finding that Dr. Moeller engaged in sexual harassment. [Filing No. 68-28 at 7-9.] On April 14, 2015, Dean Williams responded to Dr. Moeller's counsel in a letter in which he stated that the had \"thoroughly considered and reviewed each alleged procedural defect raised in Dr. Moeller's Request for Reconsideration,\" summarized the events that had taken place, and responded to each of the procedural irregularities Dr. Moeller alleged took place. [Filing No. 68-29.] Dean Williams advised Dr. Moeller that he was upholding his original decision, and that Dr. Moeller could appeal to the Chancellor within ten days. [Filing No. 68-29 at 6.] 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 27/57 Dr. Moeller appealed Dean Williams' denial of his request for reconsideration to Chancellor Charles Bantz, and Chancellor Bantz denied Dr. Moeller's appeal on May 19, 2015. [Filing No. 68-2 at 16.] The University stopped paying Dr. Moeller on May 19, 2015. [Filing No. 68-30 at 2.] *20 20 H. Dr. Moeller's Complaint to the Faculty Council In the meantime, on April 3, 2015, Dr. Moeller submitted a complaint regarding the to the Executive Committee of the Indiana University Purdue University Indianapolis Faculty Council (the \"Faculty Council\"). [Filing No. 68-31.] The complaint contained information similar to the information included in Dr. Moeller's Request for Reconsideration - it discussed \"[i]rregularities in [the] process,\" and \"[i]rregularities in [the] investigation,\" and claimed that the facts did not support a finding that Dr. Moeller engaged in sexual harassment. [Filing No. 68-31.] The Faculty Council held a hearing, at which Dr. Moeller and his counsel were present, on May 19, 2015. [Filing No. 68-33 at 1.] On June 1, 2015, the Faculty Counsel issued its decision, finding that there were no irregularities in the OEO's \"enforcement principles; the operating procedures; and the investigation,\" but that \"the information about operating procedures for processing complaints of discrimination, given in writing to the respondent and posted on the website, does not provide the kind of communication in clear English that enables an ordinary person to understand how those policies and procedures will apply in their case.\" [Filing No. 68-33 at 2.] The Faculty Council concluded that: Within the strictly limited focus of the hearing on the question of whether OEO's policies and procedures were duly observed and followed, the does not find fault recommends, however, a much clearer explanation of OEO's policies and procedures, which would allow any visitor to the website, but especially faculty who are informed of a complaint, to know in clear English what to expect of the process, including who makes decisions at each point in the process, what the timeline is, what kinds of information the subject of the complaint can expect to receive about the complaint, the investigation and the findings, and 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 28/57 [Filing No. 68-33 at 3.] what are the rights of anyone against whom there is a compliant at any point in the process. I. Dr. Moeller's Grievance to the Faculty Board of Review Also on April 3, 2015, Dr. Moeller filed a grievance with the Faculty Board of Review (the \"FBR\"). [Filing No. 68-34.] Dr. Moeller detailed five administrative actions that he was grieving, *21 and steps that he took to \"redress the grievance.\" [Filing No. 68-34.] The submitted its report to Chancellor Nasser Paydar, Dr. Moeller, and others on November 3, 2015. [Filing No. 68-35.] The noted that a Faculty Board of Review was appointed, met twice to review documentation provided by Dr. Moeller, and held a hearing on October 29, 2015 (which Dr. Moeller and his counsel attended). [Filing No. 68-35 at 1.] The found as follows: 21 1. The process and information used by Dean Williams in his decision to terminate Dr. Moeller violated Dr. Moeller's right to adequate due process. While recognizing that the School of Dentistry has a duty to protect its students, the Board of Review found procedural deficiencies in four aspects of the process: \u2022 Dean Williams stated that he relied primarily, if not solely, upon the Office of Equal Opportunity report. To his credit, Dean Williams testified that he met a second time with the director to review the findings to assure himself that the investigation had been properly conducted. Yet, Dr. Kirkland reported that typically the report is only one piece of information that deans (decisional authorities) consider in the decision process. In his testimony, Dean Williams admitted that in making this decision he did not review Dr. Moeller's personnel files which included past student evaluations 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 29/57 *22 (including both course evaluations and program exit interviews). While the board agrees in principle that the university must not tolerate sexual harassment, it also recognizes employees have the right to feedback and where appropriate, the opportunity to remediate their behavior with a behavioral plan. The bulk of the information contained in Dr. Moeller's personnel file supports the inference that he is a \"competent\" clinician In addition, Dr. Moeller's personnel file did not contain any prior documentation of behavioral incidents, warnings, or admonitions given by administrators to Dr. Moeller. During the hearing, an incident of inappropriate touching occurring in 2007 was mentioned, but Dr. Kirkland and Dean Williams indicated there was no official file or documentation of intervention or follow-up with Dr. Moeller. \u2022 This absence of documentation is troubling in this case as Dr. Kirkland testified that during the investigation some students staled it was common knowledge among students that something was happening in this clinic. Given the nature of two comments in the student exit interviews made in 2010 and 2011, as well as the initial report that triggered the investigation, the board was surprised that neither the dean nor other administrators interviewed the clinical directors in adjacent clinics to determine whether the students in the clinic were being treated inappropriately. 22 \u2022 Despite the fact Dean Williams, at one point, stated he primarily relied on the report in reaching his determination to terminate Dr. Moeller, Dean Williams also stated his decision to dismiss Dr. Moeller rather than to pursue other options was also based on his perception of Dr. Moeller's lack of \"self-awareness.\" Dr. Kirkland also told 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 30/57 [Filing No. 68-35 at 3-5.] The also concluded that \"[t]he decision- making process did not meet the requirements of essential fairness,\" stating: the Board of Review that Dr. Moeller had \"no sense of self- awareness.\" The fact that Dr. Moeller's lack of self- awareness influenced Dean Williams' decision raises issues related to due process. Despite the fact the issue of \"self- awareness\" was discussed by Dr. Kirkland and Dr. Williams apparently in their 'close-out meeting' which did not include Dr. Moeller, there was no testimony presented at the hearing that indicated Dr. Moeller was told his Jack of self-awareness was at issue in this process Nor was he given the opportunity to respond to this claim. This term does not appear in the documentation provided to the board, and at the hearing, Dean Williams did not indicate he mentioned this to, or directly questioned Dr. Moeller, about this factor. \u2022 Although Dean Williams described instances in which the School of Dentistry addressed behavioral issues of various faculty members by implementing behavioral plans, at the hearing, the board was unsure why Dean Williams did not consider such behavioral remediation plans such as warning and probation, given there was no documented prior incident and warning related to sexual misconduct in the school's or OEO's records. Nor is there evidence that Dr. Moeller could not correct his behavior given the appropriate guidance. Apparently, the failure to consider other alternatives was due to the fact that Dean Williams had lost trust in Dr. Moeller. However, the procedurally-flawed conclusion about Dr. Moeller's lack of self-awareness undoubtedly played a role in the Dean's conclusion that there had been a breach of trust. Dr. Moeller did not receive adequate information about the evidence that formed the basis for the conclusion he had violated 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 31/57 *23 [Filing No. 68-35 at 5.] The recommended that: university policy. Although Dr. Moeller was notified of the initial allegations, which were sent in the notice of complaint he received at the onset of the investigation, Dr. Moeller apparently met with the on only one occasion. He had one interview, which he believed went well, but then was provided no opportunity for a second interview, questions, or a sufficient opportunity for rebuttal until the had concluded their report and finding, which they presented solely to Dean Williams. In addition, the had two discussions with Dean Williams that played a role in Dean Williams' decision-making. Although Dean Williams met with Dr. Moeller at the end of February, there is no evidence that Dr. Moeller received a copy of the report or was apprised that his lack of self- awareness could 23 lead to his termination. Although the board respects the fact the university must protect individuals who report sexual harassment, if a finding of sexual harassment will lead to termination, the faculty member who is facing termination must be afforded an adequate opportunity to understand the nature of the allegations against him or her, the extent of those allegations, as well as the nature of the information used against the faculty member, to protect their rights to due process. \u2022 Dr. Moeller be provided with a redacted copy of the report that protects the privacy of the interviewees but details the specific evidence that led to the conclusion that, by a preponderance of their evidence, Dr. Moeller violated the university policy on sexual harassment. This information should include the dates of such conduct, the nature of the conduct, as well as detail any contrary information, e.g. from students who reported Dr. Moeller never treated them in an inappropriate manner and/or faculty who never observed this behavior or have a different opinion/perspective of the observed behavior. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 32/57 [Filing No. 68-35 at 5-6.] *24 \u2022 The interview Dr. Moeller a second time, and take other actions as necessary, to complete the investigation and consider any new arguments or evidence that he provides. \u2022 Dean Williams provide Dr. Moeller a full explanation of the factors, and their weight, that caused him to choose dismissal (or other sanction), and allow Dr. Moeller to submit an oral or written response (as Dr. Moeller chooses) in response to the specific factors. Assuming that not just past behavior (reviewed in the investigation) but \"self-awareness,\" a \"lack of trust,\" and a presumption of inability to control behavior are significant factors, both parties should provide specific evidence on these points. Chancellor Paydar sent Dr. Moeller a letter on December 1, 2015, stating: While am not convinced about the Board's impression that the handling of this matter was procedurally deficient or unfair, after careful consideration of the report am willing to accept their recommendations of some additional process steps before this matter is concluded, subject to the following conditions: (1) You will be provided a redacted copy of the December 2014 investigatory report; (2) You will have the opportunity to respond to the redacted investigative report in writing and in-person with Director Kim Kirkland; Dr. Kirkland will consider any new arguments or evidence you provide and revise her report to the Dean as she deems necessary. 24 (3) Dean Williams will provide you with a written explanation of his decision to dismiss you and allow you submit an oral or written response (as you choose); he will place a copy of these documents, along with the redacted investigatory report, in your permanent faculty file; 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 33/57 [Filing No. 68-36 at 1-2.] (4 will then review the Dean's explanation, along with your response, and my decision will be final; there will be no additional process or appeal steps and you agree to waive any appeal rights, including claims of due process or otherwise, internally or externally. (5) Alternatively to the process steps outlined in 1-4 above, you may resign retroactively to the date of your termination. Dr. Moeller declined Chancellor Paydar's offer to take these additional steps recommended by the because, in part, \"[t]he overall tone of the letter offended [him] in that, although [he] realize[d] [Chancellor Paydar] was in a tricky dance being a fairly new chancellor and dealing with ongoing faculty, but it jumped out at [Dr. Moeller] when [Chancellor Paydar] said 'I'm not convinced about the board's impression.' [Dr. Moeller] thought that was an insult to some faculty members that had put in a very strong effort and that it was not an impression; it was findings.\" [Filing No. 68-2 at 18-19.] Dr. Moeller also declined the offer because it was conditioned on him waiving any appeal rights, either internal or external. [Filing No. 68-2 at 18-19.] On December 9, 2015, Chancellor Paydar wrote a memorandum to Dr. Moeller stating understand that you are rejecting the additional process steps recommended by the Board of Review and outlined in my December 1, 2015 memo. Accordingly, as mentioned before am affirming the Dean's decision to terminate your faculty appointment for cause because of serious personal and professional misconduct.\" [Filing No. 68-37.] Dr. Moeller appealed Chancellor Paydar's decision to Indiana University President Michael McRobbie on December 7, 2015, and President McRobbie denied Dr. Moeller's appeal on February 3, 2016 stating sincerely wish you had availed yourself of the opportunity for additional explanation of Dean Williams' decision to terminate you and of an opportunity to review the investigation report by the [OEO]...[which] offered you another opportunity to review and 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 34/57 *25 [Filing No. 68-38.] respond to the allegations against you, including an opportunity to receive and review a written explanation from Dean Williams of his 25 decision to dismiss you. Rather than take advantage of this generous offer for additional review, you failed to respond and thus did not participate in any further process. Yet you have lodged an appeal based on the claim you have been denied due process. J. The Lawsuit On February 25, 2016, Dr. Moeller initiated this lawsuit against the University, President McRobbie, Chancellor Paydar, Chancellor Bantz, Dean Williams, and Dr. Kirkland. [Filing No. 1.] Dr. Moeller asserts claims for: (1) violation of his Fifth and Fourteenth Amendment right to procedural due process pursuant to 42 U.S.C. \u00a7 1983 and 42 U.S.C. \u00a7 1988 against all Defendants; (2) breach of contract against all Defendants; and (3) breach of the covenant of good faith and fair dealing against the University and Dean Williams. [Filing No. 1 at 9-15.] Dr. Moeller seeks a declaratory judgment; an injunction preventing Defendants from engaging in future due process violations; an order that Dr. Moeller be reinstated as Clinic Director and Clinical Assistant Professor with \"full back pay and benefits as well as front pay and benefits in kind\"; compensatory, liquidated, and punitive damages; pre- and post-judgment interest; and attorneys' fees and costs. [Filing No. 1 at 15-16.] Defendants have moved for summary judgment on all of Dr. Moeller's claims, [Filing No. 68], and thereafter Dr. Moeller moved to dismiss without prejudice his breach of contract and breach of the covenant of good faith and fair dealing claims, [Filing No. 80]. Both motions are now ripe for the Court's decision. *26 5 26 5 Dr. Moeller's original Complaint included claims for defamation and intentional infliction of emotional distress, [Filing No. 1 at 12-13], but Dr. Moeller consented to the dismissal of those claims with prejudice because he failed to comply with the Indiana Tort Claims Act, [Filing No. 20], and the Court dismissed those claims on May 12, 2016, [Filing No. 21]. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 35/57 Dr. Moeller moved to voluntarily dismiss his breach of contract and breach of the covenant of good faith and fair dealing claims on the same day that he filed his response to Defendants' Motion for Summary Judgment, initially providing no legal ground for the dismissal. After Defendants responded by objecting, he argued that those claims should be dismissed without prejudice because the Court lacks subject matter jurisdiction over them based on the fact that Defendants claim they are immune under the Eleventh Amendment. [Filing No. 80; Filing No. 83.] Defendants have moved to file a surreply to address arguments related to the interplay between Eleventh Amendment immunity and subject matter jurisdiction. [Filing No. 84.] Because Dr. Moeller raised his argument regarding the Eleventh Amendment and subject matter jurisdiction for the first time in his reply brief in support of his Motion to Dismiss, the Court will Defendants' Motion for Leave to File Surreply in Opposition to Plaintiff's Motion to Dismiss Counts Two and Five, [Filing No. 84], and consider Defendants' surreply in opposition to Dr. Moeller's Motion to Dismiss, [Filing No. 84-1]. Dr. Moeller moved to dismiss his breach of contract and breach of the covenant of good faith and fair dealing claims nearly one and one-half years after initiating this litigation, and only when faced with Defendants' Motion for Summary Judgment in which they argued - convincingly, as discussed below - that Eleventh Amendment immunity bars those claims as against the University. Defendants surmise that Dr. Moeller seeks dismissal of those claims without prejudice so that he may bring them in a state court lawsuit, and that it would be improper to allow him to do so. They argue that dismissal under Fed. R. Civ. P. 41(a)(2) is improper. Dr. Moeller insists that he does not base his Motion to Dismiss on Rule 41(a)(2), but rather argues that dismissal is *27 necessary because Eleventh Amendment immunity divests the Court of subject matter jurisdiction over those claims. 27 First, the Court finds it improper to allow Dr. Moeller to obtain a dismissal without prejudice of his breach of contract and breach of the covenant of good faith and fair dealing claims. While Dr. Moeller insists that he does not 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 36/57 seek dismissal under Rule 41(a)(2), the only basis he sets forth for his motion - that Eleventh Amendment immunity divests the Court of subject matter jurisdiction over those claims - is meritless, as discussed below. Rule 41(a)(2) allows dismissal by court order \"on terms that the court considers proper,\" which provides the district court with \"wide discretion....\" Jack Gray Transport, Inc. v Corp., 2017 633848, *1 (N.D. Ind. 2017) (citing Tolle v. Carroll Touch, Inc., 23 F.3d 174, 177 (7th Cir. 1994)). The Seventh Circuit has instructed that courts should not allow dismissal without prejudice if the defendant would suffer \"plain legal prejudice,\" Kovalic v Int'l, Inc., 855 F.2d 471, 473 (7th Cir. 1988). Factors to consider in determining whether plain legal prejudice exists include: \"(1) the defendants' effort and expense of preparation for trial, (2) whether there has been excessive delay and lack of diligence on the part of the plaintiff in prosecuting the action, (3) the sufficiency of the plaintiff's explanation for the need to take a dismissal, and (4) whether the defendant has filed a motion for summary judgment.\" Jack Gray Transport, 2017 633848 at *1 (citing F.D.I.C. v. Knostman, 966 F.2d 1133, 1142 (7th Cir. 1992)). Based on these factors, the Court finds that Defendants would suffer plain legal prejudice if the claims were dismissed without prejudice. As noted above, the parties have been litigating this case for quite some time. Discovery is complete and trial has been set for January 2018. Defendants have moved for summary judgment, setting forth numerous arguments related to the breach of contract and breach of the covenant of good *28 faith and fair dealing claims. Allowing Dr. Moeller to change course and presumably pursue those claims in state court after litigating them here would be unfair to Defendants. 28 Dr. Moeller's argument that the application of Eleventh Amendment immunity warrants dismissal without prejudice fails as well. The Eleventh Amendment does not take away a federal court's subject matter jurisdiction unless the defense of Eleventh Amendment immunity has been waived. See Turner v. State of Indiana Teachers' Retirement Fund, 2008 2324114, *1 (S.D. Ind. 2008). Here, Defendants did not waive Eleventh Amendment immunity, but rather raised it both in their Answer to Dr. Moeller's Complaint, [Filing No. 14], and as grounds for summary judgment. The availability of sovereign immunity for Dr. Moeller's breach of contract and breach of the covenant of good faith and fair dealing claims does not divest the Court of subject 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 37/57 matter jurisdiction over those claims. Dr. Moeller's Motion to Dismiss is DENIED. [Filing No. 80 A. Standard of Review motion for summary judgment asks the Court to find that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a). As the current version of Rule 56 makes clear, whether a party asserts that a fact is undisputed or genuinely disputed, the party must support the asserted fact by citing to particular parts of the record, including depositions, documents, or affidavits. Fed. R. Civ. P. 56(c)(1 party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. Fed. R. Civ. P. 56(c)(1)(B). Affidavits or declarations must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. Fed. R. *29 Civ. P. 56(c)(4). Failure to properly support a fact in opposition to a movant's factual assertion can result in the movant's fact being considered undisputed, and potentially in the grant of summary judgment. Fed. R. Civ. P. 56(e). 29 In deciding a motion for summary judgment, the Court need only consider disputed facts that are material to the decision disputed fact is material if it might affect the outcome of the suit under the governing law. Hampton v. Ford Motor Co., 561 F.3d 709, 713 (7th Cir. 2009). In other words, while there may be facts that are in dispute, summary judgment is appropriate if those facts are not outcome determinative. Harper v. Vigilant Ins. Co., 433 F.3d 521, 525 (7th Cir. 2005). Fact disputes that are irrelevant to the legal question will not be considered. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). On summary judgment, a party must show the Court what evidence it has that would convince a trier of fact to accept its version of the events. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 38/57 Johnson v. Cambridge Indus., 325 F.3d 892, 901 (7th Cir. 2003). The moving party is entitled to summary judgment if no reasonable fact-finder could return a verdict for the non-moving party. Nelson v. Miller, 570 F.3d 868, 875 (7th Cir. 2009). The Court views the record in the light most favorable to the non-moving party and draws all reasonable inferences in that party's favor. Darst v. Interstate Brands Corp., 512 F.3d 903, 907 (7th Cir. 2008). It cannot weigh evidence or make credibility determinations on summary judgment because those tasks are left to the fact-finder. O'Leary v. Accretive Health, Inc., 657 F.3d 625, 630 (7th Cir. 2011). The Court need only consider the cited materials, Fed. R. Civ. P. 56(c)(3), and the Seventh Circuit Court of Appeals has \"repeatedly assured the district courts that they are not required to scour every inch of the record for evidence that is potentially relevant to the summary judgment motion before them,\" Johnson, 325 F.3d at 898. Any doubt as to the *30 existence of a genuine issue for trial is resolved against the moving party. Ponsetti v Pension Plan, 614 F.3d 684, 691 (7th Cir. 2010). 30 B. Discussion In support of their Motion for Summary Judgment, Defendants argue that: (1) Dr. Moeller's \u00a7 1983 claims are barred by the Eleventh Amendment; (2) Dr. Moeller's due process claim fails as a matter of law; (3) Dr. Moeller's breach of contract claim fails as a matter of law; (4) Dr. Moeller's breach of the covenant of good faith and fair dealing claim fails as a matter of law; and (5) Dr. Moeller is not entitled to back or front pay on his claims because he failed to mitigate his damages. [Filing No. 90 at 17-38.] The Court addresses the arguments in turn. 1. Eleventh Amendment Immunity Defendants argue that the University is entitled to sovereign immunity under the Eleventh Amendment because the University \"is an 'instrumentality' or 'arm' of the State of Indiana for purposes of the Eleventh Amendment,\" and has not waived immunity or otherwise consented to the lawsuit. [Filing No. 90 at 17.] Defendants also assert that Eleventh Amendment immunity extends to individual defendants being sued in their official capacities, except for prospective injunctive relief. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 39/57 [Filing No. 90 at 18.] They argue further that Dr. Kirkland, Dean Williams, Chancellor Bantz, Chancellor Paydar, and President McRobbie (the \"Individual Defendants\") being sued in their individual capacities are entitled to sovereign immunity where the claims against them are not bona fide individual capacity claims, but \"seek relief that would expend itself on the public treasury.\" [Filing No. 90 at 18 (quotation omitted).] Defendants contend that because Dr. Moeller seeks damages for economic loss from them arising out of his employment, any judgment would expend itself on the public treasury. [Filing No. 90 at 18.] *31 31 Dr. Moeller responds that \"[w]hile the Eleventh Amendment may bar some claims against [the University], it does not thwart the claims against the officials in their official capacities for injunctive relief of reinstatement.\" [Filing No. 89 at 28.] He contends that he is suing the Individual Defendants in both their individual and official capacities, and that the officials may be sued for damages in their individual capacities. [Filing No. 89 at 29-30.] Dr. Moeller asserts that any agreement the University may have to indemnify its employees does not make its employees sovereigns. [Filing No. 89 at 31.] In reply, Defendants argue that Dr. Moeller has conceded that the University is immune from the lawsuit in its entirety under the Eleventh Amendment and that the Individual Defendants in their official capacities are immune from his claims for monetary damages. [Filing No. 91 at 4.] The University reiterates its argument that claims for monetary damages against the Individual Defendants in their individual capacities are barred by the Eleventh Amendment, not because of an agreement for the University to indemnify them, but because the lawsuit \"bears no resemblance to a bona fide individual capacity suit.\" [Filing No. 91 at 4-5 (citation and quotation omitted).] Defendants note that Dr. Moeller \"is seeking to accomplish exactly what he would have wanted to accomplish if he were permitted to maintain his suit against the University - he is seeking to force the University to reinstate him or pay him what he would have earned had he remained employed for the duration of his seven-year appointment.\" [Filing No. 91 at 5.] a. The University 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 40/57 Eleventh Amendment immunity bars suits against states and their agencies regardless of whether the relief sought is monetary damages or injunctive relief. Seminole Tribe of Florida v. Florida, 517 U.S. 44, 58 (1996); Pennhurst State School and Hosp. v. Halderman, 465 U.S. 89, 101-02 (1984). As discussed more fully below, however, a state official is not entitled to Eleventh *32 Amendment immunity where the relief sought is prospective injunctive relief to remedy an ongoing violation of federal law. Ex parte Young, 209 U.S. 123, 123 (1908). Here, Dr. Moeller appears to concede that the University is entitled to sovereign immunity in connection with all of the claims it faces. [See Filing No. 89 at 28 (stating that \"Eleventh Amendment may bar some claims against [the University],\" and continuing to argue only that the Individual Defendants are not entitled to sovereign immunity for claims against them in their official capacities for prospective injunctive relief or for claims against them in their individual capacities).] The Court notes that the parties do not address - and appear to assume - that the Board of Trustees of Indiana University d/b/a Indiana University School of Dentistry is a state entity. This is, in fact, the case. See Ind. Code \u00a7 21-20-2-1 (\"Indiana University is recognized as the university of the state\"); Sung Park v. Indiana University School of Dentistry, 692 F.3d 828, 830 (7th Cir. 2012) (Indiana University School of Dentistry \"is an arm of the State of Indiana\"). 32 Because the University is a state entity, and since it has not consented to being sued in federal court, Dr. Moeller's claims against the University - both for monetary damages and for injunctive relief - are barred by Eleventh Amendment immunity. McDonough Associates, Inc. v. Grunloh, 722 F.3d 1043, 1049 (7th Cir. 2013) (\"the general rule is that private individuals are unable to sue a state in federal court absent the state's consent\"). Defendants' Motion for Summary Judgment as it relates to all claims against the University is on the grounds of Eleventh Amendment sovereign immunity. b. The Individual Defendants Ex parte Young established an exception to states' sovereign immunity under the Eleventh Amendment permitting suits for prospective relief. Ex parte Young, 209 U.S. 123 plaintiff may file \"suit [ ] against state officials seeking prospective equitable relief for ongoing violations *33 of federal law....\" Marie 33 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 41/57 O. v. Edgar, 131 F.3d 610, 615 (7th Cir. 1997); see also Indiana Protection and Advocacy Services v. Indiana Family and Social Services Admin., 603 F.3d 365, 371 (7th Cir. 2010) (discussing exceptions to the Eleventh Amendment's bar to actions in federal court against state officials acting in their official capacities). The Individual Defendants are all state officials. Dr. Moeller only asserts claims against the Individual Defendants in their official capacities for declaratory and injunctive relief, [Filing No. 1 at 3-4], and also appears to concede that the Individual Defendants are entitled to sovereign immunity for claims made against them in their official capacities for monetary damages. [See Filing No. 89 at 28 (Dr. Moeller arguing that the Eleventh Amendment \"does not thwart the claims against the officials in their official capacities for injunctive relief of reinstatement,\" and does not bar claims against the officials in their individual capacities, but not addressing immunity for claims against officials in their official capacities for monetary damages).] This is because it is well-settled that claims against the Individual Defendants in their official capacities for monetary relief are barred by the Eleventh Amendment. See McDonough Associates, 722 F.3d at 1050 (Eleventh Amendment bars claims seeking \"awards of 'accrued monetary liability which must be met from the general revenues of a State'\") (quoting Edelman v. Jordan, 415 U.S. 651, 664 (1974)). Dr. Moeller also asserts claims against the Individual Defendants in their individual capacities for monetary damages. [Filing No. 1 at 3-4.] The Eleventh Amendment does not bar claims against state officials sued in their individual capacities for either monetary or injunctive relief. See Mutter v. Rodriguez, 700 Fed. Appx. 528, 528 (7th Cir. 2017) (Eleventh Amendment \"does not bar suits against state officials if they are sued...in their individual capacities for damages under 42 U.S.C. \u00a7 1983\") (emphasis omitted). Accordingly, the Court Defendants' Motion for Summary Judgment to the extent that the Individual Defendants are not *34 entitled to sovereign immunity for the claims Dr. Moeller asserts against them in their individual capacities. 34 6 6 Defendants argue that Dr. Moeller's claims against the Individual Defendants in their individual capacities are not bona fide individual capacity claims because his claims are based on his employment and on \"decisions and actions taken by individual employees of the University 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 42/57 within the scope of their employment.\" [Filing No. 91 at 5.] As discussed below, the Court finds that Dr. Moeller's claims against the Individual Defendants fail as a matter of law in any event. Accordingly, it need not, and will not, consider whether the claims against the Individual Defendants in their individual capacities are bona fide individual capacity claims. 2. Due Process Claim Defendants argue that Dr. Moeller's due process claim fails as a matter of law because Dr. Moeller does not have a federally protected right in University procedures, and any deviation from those procedures cannot form a basis for a due process claim. [Filing No. 90 at 23.] Defendants also contend that, in any event, Dr. Moeller received all of the process he was due, including receiving notice of the charges against him, responding in writing to those allegations, and having multiple opportunities to be heard. [Filing No. 90 at 21-22.] In his response, Dr. Moeller argues that he has a protectable property interest in his thirty years as a University employee. [Filing No. 89 at 10-11.] He then details several alleged flaws in the University's investigation, including that: (1) Dr. Kirkland had \"broadly delegated, uncircumscribed power\" to determine if sexual harassment had occurred; (2) the Notice did not advise him of the complaints made against him; (3) Dr. Kirkland controlled the investigation, determined the facts, and made the final decision; (4) Dean Williams could only determine the sanctions, not the finding of a policy violation; (5) Dr. Moeller did not have the opportunity to have Dr. Kirkland's decision that he had violated University policy reviewed; (6) The Faculty Council Executive Committee meeting on May 19, 2015 and the Board of Review hearing did not afford Dr. Moeller the opportunity to review or challenge Dr. Kirkland's conclusion; and (7) Dr. *35 Kirkland's decision was \"predictable and authorized\" because she was given \"broadly delegated, uncircumscribed power\" to determine whether Dr. Moeller had engaged in sexual harassment. [Filing No. 89 at 14-23.] Dr. Moeller also argues that he was entitled to a pre-deprivation hearing. [Filing No. 89 at 24- 28.] 35 In their reply, Defendants argue that Dr. Moeller applies the wrong standard to his due process claim, and that he received adequate pre-deprivation 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 43/57 process. [Filing No. 91 at 10-11.] Defendants argue that the deprivation of rights occurred when Dr. Moeller was terminated, not when the made its determination and that, in any event, Dr. Moeller received adequate due process before the made its decision. [Filing No. 91 at 10-11.] Defendants set forth several instances where they contend Dr. Moeller was given an opportunity to present his side of the story or question Dr. Kirkland's decision before his termination. [Filing No. 91 at 12-14.] Specifically, Defendants note that Dr. Moeller had three pre-termination meetings with Dean Williams, sent emails and a letter to Dean Williams, attended two hearings, and participated in appeals to the Chancellor and to the President that were conducted after Dean Williams made the decision to terminate him. [Filing No. 91 at 12.] Defendants argue that Dr. Moeller received notice of the allegations against him when he was provided the Notice of Complaint, and that he \"clearly understood the charges against him because he responded to those charges by admitting that he engaged in the alleged conduct. Specifically, he submitted written responses to the and to Dean Williams and participated in an in-person interview with the OEO.\" [Filing No. 91 at 13.] The Fourteenth Amendment's Due Process Clause prohibits states from \"depriv[ing] any person of life, liberty, or property, without due process of law.\" U.S. Const. Amend. XIV, \u00a7 1 procedural due process claim requires Dr. Moeller to demonstrate: \"(1) a cognizable property interest; (2) a deprivation of that property interest; and (3) a denial of due process.\" Khan v. Bland, *36 630 F.3d 519, 527 (7th Cir. 2010). The analysis of a procedural due process claim is two-fold - the Court must consider: (1) \"whether the defendants deprived the plaintiff of a protected liberty or property interest\"; and (2) if so, \"what process was due.\" Brokaw v. Mercer County, 235 F.3d 1000, 1020 (7th Cir. 2000). 36 a. Deprivation of Protected Property Interest Defendants argue that the University's policies and procedures do not create a protectable property interest for Dr. Moeller, and the Court agrees. See Babchuk v. Indiana University Health, Inc., 809 F.3d 966, 970 (7th Cir. 2016) (\"the existence of [procedures for terminating medical privileges of doctors] creates no entitlement to continued privileges. 'Process is not an end in 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 44/57 itself. Its constitutional purpose is to protect a substantive interest to which the individual has a legitimate claim of entitlement'\") (quoting Olim v. Wakinekona, 461 U.S. 238, 250 (1983)). Dr. Moeller argues, however, that the protectable property interest he bases his due process claim on is his \"30 years as an employee of IU.\" [Filing No. 89 at 10.] Defendants do not contest this theory in their reply brief, instead \"assum[ing] for purposes of summary judgment that Dr. Moeller had a protectable property right in continued employment for the duration of his seven-year appointment.\" [Filing No. 91 at 9.] The Court will do the same and, in any event, finds this to be consistent with the Seventh Circuit's recognition of a protectable property interest in continued employment for public employees who can only be terminated for good cause. See, e.g., Grant v. Trustees of Indiana University, 870 F.3d 562, 571 (7th Cir. 2017). b. Whether Dr. Moeller Received Due Process Due process \"is flexible and requires only such procedural protections as the particular situation demands.\" Riano v. McDonald, 833 F.3d 830, 834 (7th Cir. 2016) (citations and quotations omitted). An institution's internal rules do not set the standard for whether the due *37 process required by the federal Constitution has been provided. Grant, 870 F.3d at 571 (citing Osteen v. Henry, 13 F.3d 221, 225 (7th Cir. 1993)). Instead, \"[t]he cornerstone of due process is notice and the opportunity to be heard 'at a meaningful time and in a meaningful manner.'\" Grant, 870 F.3d at 571 (quoting Mathews v. Eldridge, 424 U.S. 319, 333 (1976)). In order to analyze the pre-termination process, the Court will consider: \"(1) the private interest affected by the official action; (2) 'the risk of erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards'; and (3) the University's interest, 'including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.'\" Grant, 870 F.3d at 571 (quoting Mann v. Vogel, 707 F.3d 872, 879 (7th Cir. 2013)). 37 7 7 Dr. Moeller advocates for the application of a standard whereby the Court would determine whether the conduct at issue was authorized and not random, such that he was entitled to pre-deprivation process. [Filing No. 89 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 45/57 at 12-14 (quotations and citations omitted).] As the Seventh Circuit recently explained, \"[i]n some situations when a government official tortiously deprives a person of property or liberty randomly and without authorization, it is impractical to insist on a pre-deprivation hearing.\" Simpson v. Brown County, 860 F.3d 1001, 1007 (7th Cir. 2017). This defense to the argument that pre-deprivation process was required has no application here, where Dr. Moeller in fact received a great deal of process before he was terminated. The first factor weighs in favor of Dr. Moeller, as his interest in maintaining his employment is great. See Gilbert v. Homar, 520 U.S. 924, 932 (1997). The Court now considers in connection with the second factor whether the evidence shows that Dr. Moeller \"was afforded notice and a detailed explanation of the charges and the evidence against him ....\" Grant, 870 F.3d at 572. As for notice of the charges, the Court rejects Dr. Moeller's argument that the Notice did not adequately inform him of the allegations against him. To the contrary, the Notice set forth six allegations against Dr. Moeller, including that: (1) he pats, rubs, and massages the backs of female students, without their permission, making them feel uncomfortable and awkward; (2) he *38 was observed touching and rubbing the upper leg of a female student; (3) his pattern of inappropriate touching behavior is long-standing and on-going; (4) male and female students are \"creeped out\" by his inappropriate touching behavior; (5) female students try not to be alone with him; and (6) due to his position of authority, students are intimidated by his inappropriate behavior and fear retaliation by him. [Filing No. 68-14 at 4.] Shortly thereafter, Dr. Moeller provided a lengthy response to the Notice entitled \"Explanation (Not Excuse)....\" [Filing No. 68-18 at 3-4.] He admitted that \"[t]he physical gestures noted in the complaint occurred, but not in the context suggested,\" that \"[t]he frequency of the touching and its effect seem exaggerated,\" and that understand that students might reasonably choose to not give me recognizable negative feedback.\" [Filing No. 68-18 at 3.] Dr. Moeller also referred to a \"needed change in my behavior,\" acknowledged \"a serious mistake that must never happen again,\" stated that since receiving the Notice he has \"put myself on 'zero tolerance,'\" specifically discussed the incident where he touched a female student's leg, asked \"for forgiveness of behavior that however well- intentioned, was received or observed with offense,\" and stated that he was 38 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 46/57 \"re-programming my errant reflexes.\" [Filing No. 68-18 at 3-4.] Dr. Moeller did not request further details regarding the allegations against him. [Filing No. 68-18 at 3-4.] Dr. Moeller's response - in which he admits to the behavior outlined in the Notice (though not the seriousness of that behavior) - indicates that he received notice of the allegations and understood them. See, e.g., Fong v. Purdue University, 692 F.Supp. 930, 950 (N.D. Ind. 1988) (\"the record is clear that the person in question understood the charges against him because he filed an answer to them....\"). The Court finds that no reasonable jury could find that Dr. Moeller was not \"afforded notice and a detailed explanation of the charges and the evidence against him ....\" Grant, 870 F.3d at 572. Any procedural due process *39 claim based on a failure to provide Dr. Moeller with notice of the allegations against him fails as a matter of law. 39 After receiving notice, Dr. Moeller had several more opportunities to be heard by Ms. Arvin and, later, during the OEO's investigation. Before his termination, the following occurred: \u2022 Ms. Arvin interviewed Dr. Moeller on December 3, 2014, where he again admitted to touching the student on the thigh, and to rubbing and massaging the backs of female students without their permission. [Filing No. 68-1 at 12; Filing No. 68-2 at 3; Filing No. 68- 9 at 18.] \u2022 After Ms. Arvin completed her Report, which included findings from her interviews with students and Dr. Moeller, Dr. Moeller met with Dean Williams and Dr. Willis, his supervisor. Dean Williams advised Dr. Moeller that he would be temporarily relieved from his role. [Filing No. 68-2 at 8-9; Filing No. 68-23.] \u2022 Dr. Moeller then emailed Dean Williams and Dr. Willis, attaching his response to the Notice. [Filing No. 68-24 at 1.] \u2022 Dean Williams met with Dr. Moeller again on January 22, 2015, and Dr. Moeller's counsel sent a letter to Dean Williams on January 26, 2015 asserting that Dr. Moeller's conduct did not constitute sexual harassment and that the investigation was \"flawed.\" [Filing 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 47/57 No. 68-22 at 3; Filing No. 68-25.] \u2022 On March 15, 2017, Dr. Moeller emailed Ms. Arvin requesting to review all records \"that relate to the administrative processing of periodic incidents involving faculty, staff, student, or patient concerns am interested in the time period of 1985 to date.\" [Filing No. 79-51 at 1.] Ms. Arvin responded that Dr. Moeller had a chance to verbally respond, to be represented by counsel, to provide a written response, and to submit additional maters, and that there were no other incidents they considered during the investigation that he did not have an opportunity to address. [Filing No. 79-51 at 2.] \u2022 Dr. Moeller emailed Dean Williams on March 24, 2015, again discussing \"flaws\" in the investigation. [Filing No. 68-26 at 2.] \u2022 Dean Williams informed Dr. Moeller on March 26, 2015 that he was being terminated for cause. [Filing No. 68-27.] Dr. Moeller addressed the allegations against him and/or raised concerns with Ms. Arvin or Dean Williams at least seven times before the decision to terminate him was made. He argues *40 that Dr. Kirkland essentially had too much power in the decision-making process, and that there was no opportunity for Dr. Kirkland's decision to be reviewed. But the uncontroverted evidence establishes that Ms. Arvin communicated with Dr. Moeller several times, that Ms. Arvin drafted the Report, and that Dean Williams made the final termination decision. 40 8 8 Dr. Moeller argues that Dean Williams only had the discretion to determine the sanctions and not the finding of policy violation, pointing to the specific evidence Dean Williams considered. [Filing No. 89 at 18-19.] For example, Dr. Moeller argues that Dean Williams \"was unaware of many of the facts that Moeller relied upon to provide a proper context of the allegations,\" including, for example, \"the students' obsession with Moeller's sex life and the untrue rumors circulating about him....\" [Filing No. 89 at 18-19.] Dr. Moeller was terminated for touching a female student's thigh and for massaging and giving back rubs to female students, all of which he admitted 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 48/57 *41 doing. This extraneous information does not relate to the incidents that Dr. Moeller admitted occurred, and which formed the basis for his termination. After his termination: \u2022 Dr. Moeller (who by this time was acting through counsel) requested reconsideration of the termination decision due to irregularities in the investigation and because he felt the facts did not support a finding of sexual harassment. [Filing No. 68-28.] \u2022 On April 3, 2015, Dr. Moeller submitted a complaint regarding the investigation to the Faculty Council. [Filing No. 68-31.] \u2022 On April 3, 2015, Dr. Moeller filed a grievance with the FBR. [Filing No. 68-34.] \u2022 Dean Williams advised Dr. Moeller on April 14, 2015 that the original decision was being upheld, and Dr. Moeller appealed the denial of his request for reconsideration on May 19, 2015. [Filing No. 68-2 at 16; Filing No. 68-29.] The University stopped paying Dr. Moeller on May 19, 2015. [Filing No. 68-30 at 2.] \u2022 Also on May 19, 2015, the Faculty Council held a hearing at which Dr. Moeller and his counsel were present. [Filing No. 68-33.] \u2022 On June 1, 2015, the Faculty Council found there were no irregularities in the OEO's principles, procedures, and investigation, but recommended some changes to the OEO's investigative policies and procedures. [Filing No. 68-33.] 41 \u2022 On November 3, 2015, the submitted its report in which it noted that it had held a hearing on October 29, 2015 (attended by Dr. Moeller and his counsel), and found that there were some \"procedural deficiencies in four aspects of the process.\" [Filing No. 68-35.] The set forth several recommendations. [Filing No. 68- 35 at 5-6.] 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 49/57 \u2022 On December 1, 2015, Chancellor Paydar sent Dr. Moeller a letter offering to implement all of the FBR's recommendations on the condition that Dr. Moeller waive his right to appeal the decision, either internally or externally. [Filing No. 68-36 at 1-2.] Dr. Moeller declined Chancellor Paydar's offer. [Filing No. 68-2 at 18-19.] \u2022 Dr. Moeller appealed Chancellor Paydar's decision to President McRobbie on December 7, 2015. [Filing No. 68-38.] Post-termination, Dr. Moeller requested review of the termination decision or the procedure that led to that decision five times, and attended two hearings. Dr. Moeller has not presented any evidence that University officials did not take his requests for reconsideration, appeals, or complaints seriously, or did not consider the information he presented. See Grant, 870 F.3d at 572 (\"[plaintiff] was also provided with ample and meaningful opportunity to be heard and to refute the charges against him, as demonstrated by the numerous written responses he submitted...and meetings with University officials. There is no evidence that these opportunities to be heard were not meaningful\"). The second factor - the risk of erroneous deprivation of Dr. Moeller's interest through the procedures used and the probable value of additional safeguards - weighs heavily in favor of Defendants, as the Court finds that no reasonable jury could conclude that Dr. Moeller was not afforded due process either pre- termination or post-termination. Finally, the third factor - the University's interest - weighs in favor of Defendants. Additional procedures were not necessary here to meet the procedural due process standard under federal law. See Grant, 870 F.3d at 572 (\"The final factor also weighs in favor of the defendants.... [A]s our analysis of the second factor showed, additional procedures could not plausibly have prevented an erroneous deprivation\"). The Court notes that the University has discretion to *42 determine the value it places on its students' safety and security, and to implement policies and procedures that reflect that determination. The University's decision to ensure an environment where students are free from uninvited back rubs, thigh touches and other physical contact by a clinical instructor who holds the power to negatively impact 42 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 50/57 their clinical success is a lawful one within its prerogative procedural due process claim is not an invitation for the Court to consider whether it agrees with the University's value judgment, or whether it endorses the University's policies and procedures. Additionally, Dr. Moeller's \"dissatisfaction with the process does not mean that the proceedings were not meaningful or did not give [him] an opportunity to be heard.\" Brunswick Corporation v. McNabola, 2017 3008279, *6 (N.D. Ill. 2017). The process is not inadequate \"because it did not produce the anticipated result,\" and the due process clause requires only that Dr. Moeller receive \"adequate process, not the most advantageous process available to him.\" Bettendorf v. St. Croix Cty., 631 F.3d 421, 427-28 (7th Cir. 2011). The Court's inquiry is whether Dr. Moeller had notice of the basis for the deprivation and a meaningful opportunity to be heard. Here, he did. Defendants' Motion for Summary Judgment is as it applies to Dr. Moeller's \u00a7 1983 procedural due process claim. 3. State Law Claims Having granted summary judgment in favor of Defendants on Dr. Moeller's procedural due process claim - the only federal claim in this litigation - the Court must first determine whether it will exercise jurisdiction over Dr. Moeller's state law claims. The district court ultimately has discretion whether to exercise supplemental jurisdiction over a plaintiff's state law claims. Carlsbad Technology, Inc. v Bio, Inc., 556 U.S. 635, 639 (2009); 28 U.S.C. \u00a7 1367(c) (\"The district courts may decline to exercise supplemental jurisdiction over a claim...if...the district *43 court has dismissed all claims over which it has original jurisdiction....\") (citation and quotation omitted). When deciding whether to exercise supplemental jurisdiction, \"'a federal court should consider and weigh in each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity.'\" City of Chicago v. Int'l Coll. of Surgeons, 522 U.S. 156, 183 (1997) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988)). 43 The Court finds that the balance of factors weighs in favor of exercising supplemental jurisdiction over the state law claims. This litigation is in a late stage. Discovery has been completed, the parties have briefed 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 51/57 Defendants' Motion for Summary Judgment as it relates to the state law claims, and trial has been scheduled for the end of January 2018 for quite some time. Further, the remaining factors of judicial economy, convenience, fairness, and comity all lead the Court to conclude that exercising supplemental jurisdiction is proper. It would be a waste of judicial resources, inconvenient, and unfair for the parties to litigate the state law claims anew in state court after having litigated those claims in this Court for almost two years. The Court will exercise supplemental jurisdiction over Dr. Moeller's state law claims. a. Breach of Contract The Court has already granted summary judgment in favor of the University on Dr. Moeller's breach of contract claim based on Eleventh Amendment immunity. To the extent Dr. Moeller claims that the Individual Defendants breached a contract with him, the Court finds that such a claim would fail as a matter of law. The breach of contract claim is based on the letter from the University appointing Dr. Moeller to a term through the 2021-2022 school year. [See Filing No. 1 at 10-11.] The Individual Defendants cannot be liable for breach of contract related to signing the letter on behalf of the University. See Ind. Code \u00a7 34-13-2-1 present or former public employee...is not personally liable on contracts entered into within the scope of the *44 employee's employment for a governmental entity unless it is clearly otherwise indicated in writing\"). In addition, Dr. Moeller did not respond to Defendants' substantive arguments relating to the breach of contract claim so has waived any arguments in opposition. Dr. Moeller has not presented any evidence that any of the Individual Defendants entered into a contract with him, and they are entitled to summary judgment on his breach of contract claim. 44 b. Breach of the Covenant of Good Faith and Fair Dealing Having granted summary judgment in favor of the University on Dr. Moeller's breach of the covenant of good faith and fair dealing claim based on Eleventh Amendment immunity, the only remaining claim is Dr. Moeller's claim for breach of the covenant of good faith and fair dealing against Dean Williams. In connection with that claim, Dr. Moeller asserts 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 52/57 that his \"pay during the period of his suspension ended on April 9, 2015,\" and that Dean Williams decided to stop his pay \"in violation of [the University's] own policies and procedures\" which is \"a breach of the covenant of good faith.\" [Filing No. 1 at 13-15.] Defendants argue that Dr. Moeller did not have an employment contract that provided him with the right to receive pay during his suspension but that, in any event, it is undisputed that the University paid Dr. Moeller until his termination on May 19, 2015. [Filing No. 90 at 35-36.] Dr. Moeller did not respond to Defendants' arguments, instead stating that he \"has filed his Motion to Dismiss his claims of breach of contract and breach of duty of good faith and fair dealing, rendering moot IU's argument [on] these issues.\" [Filing No. 89 at 38.] In their reply, Defendants note that Dr. Moeller did not substantively respond to their arguments, and argue that Dr. Moeller cannot dismiss his claim as a matter of right at this stage of the litigation because Defendants have been forced to defend against it. [Filing No. 91 at 16-17.] Defendants also contend that Dr. Moeller does not dispute that he touched a student \"on the left *45 thigh just above her knee,\" that he has massaged and rubbed the backs of students for years, that students told the that his touching made them feel uncomfortable, that he admitted to committing a \"serious mistake that must never happen again,\" and that his employment was terminated for serious personal misconduct. [Filing No. 91 at 17-18.] 45 The Court finds that Dr. Moeller's breach of the covenant of good faith and fair dealing claim against Dean Williams fails as a matter of law. First, Dr. Moeller did not respond substantively to Defendants' arguments, which constitutes waiver of any argument in opposition to summary judgment on this claim. See Bonte v. U.S. Bank, N.A., 624 F.3d 461, 466 (7th Cir. 2010) (\"Failure to respond to an argument - as [Plaintiff has] done here - results in waiver\"); see also Goodpaster v. City of Indianapolis, 736 F.3d 1060, 1075 (7th Cir. 2013)). Second, Dr. Moeller bases his claim in part on the \"decision to non-renew Dr. Moeller's seven-year appointment.\" [Filing No. 1 at 14.] Dr. Moeller's breach of the covenant of good faith and fair dealing claim must be premised 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 53/57 on a contract. See Binns v. Ocwen Loan Servicing, LLC, 2015 5785693, *10 (S.D. Ind. 2015) (\"the Duty of Good Faith and Fair Dealing is 'an implied covenant that only arises in insurance and employment contracts or where contracts are ambiguous as to the application of the covenants or expressly impose them'\") (quoting Coates v. Heat Wagons, Inc., 942 N.E.2d 905, 918 (Ind. App. 2011)). Dr. Moeller relies upon the University's Handbook as the basis for this claim. [Filing No. 1 at 13-14 (quoting the University's procedures for \"Permanent Separation for Academic Appointees\" and the \"Protection of Academic Freedom\").] But the University's Handbook explicitly states that \"Statements and policies in this Handbook do not create a contract and do not create any legal rights....\" [Filing No. 68-6 (emphasis omitted).] See also Packer v. Trs. of Indiana University School Of Medicine, 73 F. Supp. 3d 1030, 1040 (S.D. Ind. 2014) (\"The tenure policies that Dr. Packer relies upon to show *46 that she has a contract with are contained in IU's Academic Handbook, which states in its preamble that it does not create a contract and does not create any legal rights.... Because the Academic Handbook explicitly disclaims any creation of a contract, Dr. Packer cannot rely upon these policies as a basis for her breach of contract claim\"). 46 9 9 Dr. Moeller mentions his appointment to a seven-year term in connection with his breach of the covenant of good faith and fair dealing claim, but his claim against Dean Williams appears to be based on the University's procedures and not on a theory that the letter appointing him to a seven- year term was a contract (although his breach of contract claim is based on the reappointment letter). [See Filing No. 1 at 14 (Dr. Moeller alleging that \"Williams' decision to non-renew Dr. Moeller's seven (7) year appointment was without faculty consultation and in violation of the University's Non- reappointment Procedures\" and \"Williams'...decision to stop payments to Dr. Moeller in violation of its own policies and procedures is a breach of the covenant of good faith\").] Finally, Dr. Moeller alleges as part of his breach of the covenant of good faith and fair dealing claim that he was not paid for his entire suspension period, but only until April 9, 2015. [Filing No. 1 at 14.] However, the University contends that it paid Dr. Moeller until his termination on May 19, 2015, and supports that contention with citation to its answer to one of Dr. Moeller's 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 54/57 interrogatories. [Filing No. 68-30 at 2.] Dr. Moeller does not contest this fact. [See Filing No. 89.] Dr. Moeller's breach of the covenant of good faith and fair dealing claim against Dean Williams fails as a matter of law because Dr. Moeller did not address Defendants' arguments in support of summary judgment, because it is not based on a valid contract, and because the undisputed evidence shows that the University did, in fact, pay Dr. Moeller up to the date of his termination. Defendants' Motion for Summary Judgment as to Dr. Moeller's breach of the covenant of good faith and fair dealing claim is GRANTED. To the extent set forth above, the Court Defendants' Motion for Summary *47 Judgment, [Filing No. 68], on all of Dr. Moeller's claims. 47 10 10 The Court need not, and will not, consider Defendants' additional arguments that the Individual Defendants are entitled to qualified immunity, that Dr. Moeller is not entitled to front pay, or that Dr. Moeller failed to mitigate his damages. The Court is compelled, however, to briefly address one of Dr. Moeller's arguments in connection with qualified immunity. At bottom, Dr. Moeller argues that his conduct did not rise to the level of sexual harassment and that he did not create a hostile work environment, as defined in federal court opinions. Dr. Moeller provides no authority for the proposition that the University could only fire him for sexual harassment or creating a hostile work environment as defined by federal case law. Dr. Moeller was terminated for \"serious personal or professional misconduct,\" which included violating the University's policy against sexual harassment. Dr. Moeller is not the arbiter of the parameters of \"serious misconduct\", or of how the recipients of his actions should have felt or reacted. The Court rejects the overall theme of his argument - that the Defendants were somehow required to conclude that although he engaged in the conduct for which he was terminated, he should be excused either because he did not intend the consequences or because the recipients of his behavior should not have been offended In sum, the Court finds that it is improper to dismiss Dr. Moeller's breach of contract and breach of the covenant of good faith and fair dealing claims 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 55/57 without prejudice because Defendants would suffer plain legal prejudice and because Eleventh Amendment immunity does not divest the Court of subject matter jurisdiction over those claims. Accordingly, the Court Defendants' Motion for Leave to File Surreply in Opposition to Plaintiff's Motion to Dismiss Counts Two and Five, [84], and Dr. Moeller's Motion to Dismiss Counts Two and Five Without Prejudice, [80]. Further the Court finds that the University is entitled to Eleventh Amendment immunity on all of Dr. Moeller's claims, that Dr. Moeller's procedural due process claim against the Individual Defendants fails because no reasonable jury could find that Dr. Moeller did not receive notice and a meaningful opportunity - indeed, many meaningful opportunities - to be heard, and that Dr. Moeller's breach of contract claim against the Individual Defendants and his breach of the *48 covenant of good faith and fair dealing claim against Dean Williams fail as a matter of law. The Court Defendants' Motion for Summary Judgment, [68], on all of Dr. Moeller's claims. Final judgment shall enter accordingly. 48 Date: 12/27/2017 /s/_________ Hon. Jane Magnus-Stinson, Chief Judge United States District Court Southern District of Indiana Distribution via only to all counsel of record About us Jobs News Twitter 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 56/57 Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:07 Moeller v. Bd. of Trs. of Ind. Univ., No. 1:16-cv-00446 | Casetext Search + Citator 57/57"} |
7,583 | Vahakn Dadrian | State University of New York - Geneseo | [
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] | {"7583_101.pdf": "2 3 . 4 . 0 6 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha Updated at 11 10 2011 Click On Images To Enlarge Enter Search Word! Custom SiteSearch *FreeFind Labels | Categories | Authors | Subjects Rawlinson Admiral Bristol Adolf Agos Alfred De Zayas Ambassador Morgenthau American Missionaries AmericanCommittee-ArmenianSyrian-ReliefBulletins Andranik Pasha Andrew Mango Ara Ara Ara Papian Ara Aram Andonian Armen Armenian Arnold Toynbee Arthur Sutherland Ata Avim Baskin Berch Keresteciyan Bernard Bilal Boghos Nubar Pasha Book Dixon-Johnson Captain Emory Niles Christopher Gunn Court Cases David Holthouse David Saltzman Dennis Diaspora Dogu Ergil Dogu Drastamat \"Dro\" Kanayan Edward Edward Erciyes University Ergun Erich Erman Esat FactCheckArmenia France Free E-Books Fridthjof Nansen Fuat Dundar Gaston Gaillard General Harbord Geoffrey Guenter Gunay Evinch Gunduz Gwynne Hakan Haluk Hampig Sassounian Hans Lukas Kieser Harut Hazel Cagan Heath Henry Morgenthau Henry Theriault Hetq.am Hilmar Kaiser Holdwater Hovannes Kachaznouni Hrant Hrant Sarian Ilki Ak Infographic Innocent(?) 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Papazian Kamer Karabakh Karl Kemal Ataturk Kemal Cicek Kemal Karpat Kemal Simsek Khatchig Mouradian Khojaly League of Nations Levon Marashlian Limited Book Preview Lobbying Louise Lt Dunn Macreau \"Sinan\" Maxime Media Mehmet Melih Michael Mumtaz Murad Topalian Naira Gasparyan Nicholas Warndorf Noam Chomsky Norman Orhan Pasdermadjian Pat Peter Balakian Pierre Loti Prof Hakan Rafael De Nogales Research ReviewOfArmenianStudies Richard Hovannisian Robert Fisk Ronald Grigor Suny Ruben Safrastyan Russian-Armenian Relations Sadi Salahi Samuel Saro Dadyan Sedat SlideShows Soghomon Tehlirian Southern Poverty Law Center Stanford Shaw Stephan Steiner Sukru Switzerland Tal Talin Suciyan Taner Theodore Roosevelt TruckTurkey Turkkkaya Vahagn Avedian Vahakn Vahe Vercihan Zifliyan Vicken Cheterian Videos William Saroyan Woodrow Wilson Yucel Yuksel Yusuf Halacoglu Zoryan Institute Your Opinion Matter To Us Please Update/ Correct Any Of The 3700+ Posts Here By Leaving Your Comments Please Help Us To Remove Any Dead Links by Reporting via The Comment Box Translate Select Language \u200b\u25bc Armenian Genocide Resource Center The Largest Resource Center On Armenian Genocide, Covering 3700+ Articles, 350+ Free E-Books, 600+ Research Papers, Historical Newspaper Screen Shots Dates Back to 1800's, 100+ Videos, Eyewitness Accounts NewsPapers | Scholars' Statements | Erciyes Uni Symposium Docs | Free E-Books / Research | Sukru | | Slide Shows & Videos | Latest 500 Posts / Comments | Submit-Your-Article | Contact Us | 503) French Ambassador to Yerevan Accuses Turkey and (JTW) - French Ambassador to Armenia Henry Cuny\u2026 818) Armenian-Turkish Marriages & their results Caroline was born in 1982 in Istanbul. She received her primary\u2026 1384) Taner Akcam's Prison Sentencing The Revolutionary Youth Magazine recorded the terms of Taner Akcam's\u2026 1227) Dr. Malcolm Yapp's Review of Dadrian's Genocide History We owe British historian Prof. Malcolm Yapp an enormous debt of\u2026 3009) Armenian Students Join Russian Army In Caucasus : Evening Post 4 Nov 1914 Kindly Contributed by Mustafa Balkaya. 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 1/15 I've often wondered why a \"renowned scholar\" like Vahakn Dadrian no longer operates from a university base. His various biographies on Armenian sites state that he taught at the State University of New York Geneseo from 1970 to 1991, and that he had \"retired.\" It sounded unusual that a man of around sixty years of age would have taken such an early retirement, even if he wanted to concentrate on his precious genocide, as some bios explained. (At Geneseo, the sociology professor evidently concentrated on teaching his slanted genocidal views with near exclusivity. It's not like he would have needed to depart such a prestigious university base in order to focus on his genocide; as the newspaper article below indicates, he was already immersed in his genocide.) Thanks to an astute reader, the riddle has now been solved. The prosecuting professor has a skeleton in his closet, so appropriate given that so many of those 1.5 million skeletons of genocide victims can barely be found. It turns out Vahakn Dadrian had not retired. He was fired. Dadrian fired from Geneseo Geneseo Professor Fired; Sexual Harassment [Cited?] By Times Union April 24, 1991 State University College at Geneseo has fired a sociology professor who was accused of sexually harassing female students, its president has disclosed. Vahakn N. Dadrian, an internationally known expert on genocide, was fired after an arbitrator found him guilty of sexual harassment and supported the school's desire to dismiss him, said Carol Harter Geneseo president. The action was announced yesterday. The college suspended Dadrian with pay in September after a student complained of sexual harassment, Harter said. He last taught in spring 1990 and is now banned from the campus. Dadrian could not be reached for comment. Ronald Satryb, vice president for student services and staff relations, said the incident took place April 24, 1990. He said Dadrian was alone in his classroom with a female student when she agreed to help him hang a banner. 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 2/15 \u00a9 This content Mirrored From Site armenians- 1915.blogspot.com Once the banner was up, Satryb said, Dadrian asked the woman some questions, told her she was beautiful, then grabbed her and kissed her. Satryb said the unidentified student pulled away and alerted authorities. He aaid the scenario was similar to charges against Dadrian in 1981. Dadrian had tenure, forcing the school to go through an extensive arbitration process. The college arranged for a hearing after Dadrian protested efforts to dismiss him, Harter said. The arbitrator, from White Plains, found the complaints valid and said firing was appropriate because students had charged Dadrian with sexual harassment in the the past, she said. Satryb said school administrators did not feel it appropriate to call in police. The college first tried to fire Dadrian in 1981 after he was accused of sexually harassing five female students. An arbitrator found Dadrian guilty of the charges but ruled that termination was too drastic. Dadrian was suspended without pay for a month, and returned to class. \"He (the 1981 arbitrator) substituted suspension and submitted a letter that said no further incidents would be tolerated,\" Harter said. After the 1981 hearing, about 600 people, including 100 faculty, signed petitions asking to investigate the case further to \"protect our students from further harassment by Professor Dadrian in the months and years to come.\" Some students in 1981 voiced support for Dadrian, and contended the professor's actions were the result of cultural differences. Dadrian is a native of Armenia. The professor lectures on efforts to reduce or destroy ethnical or national groups \u2014particularly in Armenia. Includes reporting by Blair Claflin. There are so many ironies with the above account. Dadrian's 1990 sexual attack on his student occurred on April 24. The date this article appeared was one year later, also on April 24. April 24 is, of course, the genocide-obsessed Armenians' celebrated \"Date of Doom.\" How poetically just that April 24 would become such a memorable date for Vahakn Dadrian. (One would have thought that on April 24, Dadrian would have been wallowing in gloom and despair, in the remembrance of 1.5 million Armenians savagely killed by subhuman Turks. What a surprise that his jolly self would instead reach out for the nearest available wench and engage in slobbering over her.) Vahakn Dadrian Vahakn \"Valentino\" Dadrian And here's another irony: in 1981, hundreds of people from the university hoped to do away with this predator in order to \"protect our students from further harassment by Professor Dadrian in the months and years to come.\" Does that not bear an ominous overtone to the genocide scholars' mantra (misquoting George Santanya), regarding \"Those who cannot remember the past are condemned to repeat it\"? Who knows how many girls there might have been in the decade following 1981, facing unwanted advances. (No one says anything about the much more far-reaching and insidious brand of harassment, that comes with poisoning the minds of impressionable youngsters, with Dadrian's special propagandistic brand of hatred and racism. Over the years, how many students left his classroom, entrenched in the belief that Turks have a genetic predisposition to kill?) But at least Dadrian exhibits consistency in his character. With his interviews, he comes across as so arrogant and haughty in attitude, that it's kind of in line that he'd have actually thought his female students would have received him as one hot lover remarkable lesson is that given Dadrian's fame [or notoriety, based on whom one speaks with], there is not one indication on the Internet regarding this scandalous episode. Is that not a troubling indication in itself of the power of the Armenian Genocide industry, and its success in keeping things from the public that does not put this genocide in the prettiest light? (In this case, a matter that puts into question the character of one of the industry's greatest advocates, 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 3/15 allowing us to better comprehend the ethical lapses in his scholarship.) ADDENDUM, 5-07: Albany Times Union (Albany, NY), April 25, 1991 (Local) Byline: Associated Press The State University College at Geneseo has dismissed a sociology professor for sexually harassing an 18-year-old freshman. Vahank Dadrian, an internationally known expert on genocide, was notified of his discharge from the faculty by a letter Monday. The dismissal became effective Wednesday. He had been suspended since September and had not taught at the college near Rochester since last spring, officials said. Ronald Satryb, vice president for student services and staff relations, said the student filed a formal complaint against Dadrian about a year ago. The school investigated and found substance to the allegation, Satryb said. The school offered the 64-year-old professor a chance to resign, but Dadrian appealed the decision, Satryb said. The matter was submitted to binding arbitration earlier this month. Arbitrator Carol Wittenberg found that Dadrian had harassed a female student on April 24, 1990, the day the professor returned to the school from several international conferences on genocide. According to the complaint, Dadrian kissed the student on the lips after she helped him rehang a banner welcoming him back to school. Dadrian contended that the two had hugged to celebrate the successful hanging of the banner, followed by a kiss on his cheek by the student. In making her decision, Wittenberg noted that another arbitrator had found Dadrian guilty of four charges of sexual harassment in 1981, but had allowed him to return to the classroom because the arbitrator believed that \"Professor Dadrian had engaged in singular events that would not happen again.\" After the 1981 hearing, about 600 people, including 100 faculty, signed petitions asking administrators to investigate the case further to \"protect our students from further harassment by Professor Dadrian in the months and years to come.\" Some students in 1981 voiced support for Dadrian, and contended that the professor's actions were the result of cultural differences. Dadrian is a native of Armenia. \"Fool Me Once, Shame on You. Fool Me Twice, Shame on Me.\" An adage lazy-thinking individuals would do well to remember the next time they consider accepting, at face value, the claims of Vahakn Dadrian... a liar. Vahakn Dadrian, in his chapter of Editor Jay Winter's propaganda book America and the Armenian Genocide of 1915 (entitled \"The Armenian Genocide: an Interpretation\"), where Dadrian threw in practically every weasel fact he has come up with in his long years of prosecutorial research, wrote: In his post-war memoirs he {Halil Pasha, Enver's uncle} boasted of having killed altogether \"300,000 Armenians\" adding \"it can be more or less didn't count.\"27 Given the relatively large numbers involved, and given the vicissitudes of war, this process of liquidation inevitably took several months to complete [Footnote 27: Halil Pasa, Bitmeyen Savas;, ed. M. T. Sorgun (Istanbul: Yedigun, 1972), p. 274. On p. 241, Halil is more emphatic have endeavored to wipe out the Armenian nation to the last individual\" (\"Son ferdine kadar yok etmege calistigim Ermeni milleti\"). For more details, see Dadrian, \"Documentation of the Armenian Genocide in Turkish Sources,\" pp. 116-17.] When first came across this Dadrian claim in a source other than the above (naturally, the prosecutor has made use of his \"Halil card,\" repeating it in many of his other writings and speeches was taken aback. Could this be the \"smoking gun\" of genocidal proof, at last? 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 4/15 After all, finally, here is a high Ottoman officer admitting that he killed tons of Armenians! This is the kind of thing that is infinitely more valuable than all the Morgenthaus, Bryces, Lepsiuses, missionaries, New York Timeses and other agenda-ridden Turk-hostile parties put together. Why, this sounded like real evidence had my suspicions, of course, and not just because the notoriously dishonest V.D. was behind this claim. As Mr. Spock might have put it, for simply one Ottoman mass murderer to have been behind the killings of so many Armenians would be \"highly illogical.\" We know up to 600,000 Armenians really died. (Again, Armenian extremists like Dadrian concede one million survived; subtracted from the pre-war population hovering around 1.5 million, according to most \"neutral\"\u2014 that is, pro-Armenian and Western \u2014 sources, we get a good idea of the actual mortality.) An entire quarter of those were killed by starvation and disease, while accompanying the Russian retreats, as Hovannisian wrote in his 1967 book. That is, the Turks were nowhere in sight, and yet these 150,000-odd Armenians somehow became \"genocide victims.\" The bulk of the 400,000 or so remainder also died of the same reasons, famine and disease, along with exposure and combat... while we can never be exactly certain, the ones who were massacred outright probably numbered in the low tens of thousands, at most. So it didn't make sense for just one Turkish villain to have knocked off 300,000 Armenians. Why, even if we go with the Armenian Patriarch's inflated pre-war population figure (2.1 million. The truth-challenged Patriarch also went with 1,850,000, according to Johannes Lepsius' sworn testimony at the 1921 Tehlirian trial), of that number, only 840,000 Armenians were killed, as the Patriarch himself concluded at 1918's tail end. Subtract Hovannisian's 150,000 who died when the Turks were nowhere in sight, and are we to assume Halil Pasha would have succeeded in single-handedly rubbing out nearly an entire half of the exaggerated 690,000 remainder? Another point that made me doubtful was that couldn't understand why had not come across this Halil Pasha \"confession\" at a much earlier stage of my genocide research. Why weren't Armenian genocide sites screaming this \"confession\" at the tops of their lungs? After all, here was, on the surface, the evidence they were looking for, for so very, very long. And why was Dadrian himself referring to this \"confession\" in a kind of \"by the way\" fashion? The only way to find the answer lay with consulting the original book itself. We know Mr. Dadrian is prone to make alterations, to serve his propagandistic agenda. Actually, it's not true to say \"we\"; the prejudiced \"scholarly\" world has taken what Dadrian has been saying at face value, so only few are aware. But even some \"genocide scholars\" like Donald Bloxham and Hilmar Kaiser have begun to perform the unthinkable, and have been pointing fingers at Dadrian's lack of scholarly ethics. The latter, for example [in Journal of the Society for Armenian Studies, 9 (1996)], warned against Dadrian's penchant to make use of \"misleading quotations,\" which the Halil Pasha \"confessions\" will serve as a particularly deadly example of, as we'll be seeing in a moment. It's easy to bust the deceitful Dadrian (ye olde English meaning of the obsolete verb \"didrian\": To Deceive) when he makes outright falsehoods such as \"Malta was not a venue for criminal trials but a temporary detention center,\" in order to throw the bloodhounds off his track. All one has to do, with this example of the Malta Tribunal, is to check the sources available in English, the British archives itself. (All of it, not just the selective ones Dadrian deceptively points to, in the service of his agenda.) But Dadrian also points to sources in other languages. The English-speaking researcher with limited resources is going to be at a loss, and has little choice but to accept Dadrian's \"word.\" Prof. Norman Stone wrote, \"Lewy... has the considerable merit of showing that Dadrian\u2019s scholarship is itself full of holes \u2014 documents selectively quoted in pursuit of his thesis that the Armenian massacres can be put on the same level as the Holocaust. Since Lewy reads German as well as Dadrian does, he is in a very good position.\" This is what makes Guenter Lewy and his book, The Armenian Massacres in Ottoman Turkey Disputed Genocide, so valuable. Like the genuine scholar Lewy is, Lewy did not simply take the word of Vahakn Dadrian, as so many amateurish historians or prejudiced \"genocide scholars\" have done. Lewy consulted the original German sources, and exposed, time and time again, Dadrian's \"willful mistranslations, selective quotations, and other serious violations of scholarly ethics\" (as Lewy summed up in his response to a highly abusive Peter Balakian, letters, Commentary Magazine). At least German is more of an international language. Dadrian also knows Turkish, and that puts those who have no access to Turkish sources (along with the lack of familiarity with the language) in a tougher spot. This may be one reason why Dadrian appears lately to be concentrating on Turkish sources, knowing that hardly anyone will be looking over his shoulder, so he can escape with claiming whatever he feels he could get away with became particularly aware of this shortcoming, while dissecting Dadrian's smear attack on Erickson. But the site has been around for a while now, and I've begun to get letters from Turks in Turkey. So wrote back to a few whose English was proficient enough, and asked whether they could dig up Halil Pasha's memoirs, \"Bitmeyen Savas\" (The Unending War give thanks to Damla Ozdemir, and especially to 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 5/15 Serhan Altug, who located the book and took the trouble to translate the \"Armenian\" chapter (which will be presented after our analysis, below Turkish professor also cleared up what was behind the 300,000 killed \"confession,\" so was fortunate to get the information from two different sources. (Thanks to Sukru Aya for translating what the professor wrote.) 300,000 Armenians Killed by Halil Pasha? (The highlighted section below represents the pertinent passage from the book.) Things spoken about Halil Bey are partly right, partly wrong. For one thing, Halil Bey uncle of Enver Pasa, when he was a convict at Bekiraga Army Barracks, is invited by a British Captain to the room of the camp director. Let us learn the rest by reading from his memoirs: The British Captain says: \"You, Halil Pasa, are responsible for the deaths of three hundred thousand Armenians, fifty to sixty thousand Arabs, thirteen Jews, two British officers and a Turkish Corporal. What is your answer presume the British captain had forgotten to whom he was speaking had met too many similar persons. When introducing himself he had only mentioned his name and rank and had not mentioned on behalf of whom he was placing the questions was upset by his arrogant manners turned to the director and said: \"Give me a pen and paper... Let me write down so that he can take it and go. And wrote: 1- 300.000 Armenians...can be less or more did not count. Wherever they revolted against my state supressed and punished them. Wherever their revolting was probable ordered local authorities for their relocation. Dear Aya, As you can understand, Halil Pasa was angry about the placed question and gives a joking answer. He definitely did not say that he has killed or so. The incident takes place in 1919 and displays the behaviour against occupation forces, There is no other memory about the relocation and killing of Armenians in Halil Bey's memoirs. In reality he was not responsible for this matter during that period of time. He was an army commander in chief. Regards - Kemal Cicek (Let us bear in mind this was a private communication, written quickly and informally off the top of the professor's head, and the comments should not be taken as \"official.\" The passage has been used with permission.) [Here is the original, in Turkish] Let's dispatch with other Halil Pasha \"evidence\" that Dadrian has provided, before moving on to the second \"confession\" of Halil Pasha. Here's Dadrian at work. He came across a juicy tidbit from a high Ottoman general that could be manipulated into sounding like a confession for systematic extermination. In order to drive the nail into Halil's coffin, Dadrian feverishly looked for any other implicating materials regarding Halil Pasha, in order to make Halil Pasha out to be another Heinrich Himmler. It doesn't matter if these other references were tainted. The Turk confessed, didn't he? The supplementary materials must then be true as well, even if they derived from biased sources. From \"The Armenian Genocide: an Interpretation,\" here is what preceded the devastating \"confession\": Vahakn Dadrian This practice of wholesale slaughter of Armenian conscripts was confirmed by Germany's Vice-Consul at Erzurum, Scheubner Richter, a Reserve Captain. In a 4 December 1916 report to Berlin, he declared that General Halil (Kut), the uncle of War Minister Enver, ordered \"the massacre of his Armenian . . . battalions.\"[24] Halil's policy of extermination of the Armenian soldiers under his command is attested to by a Turkish officer who was part of his First Expeditionary Force (formerly the Fifth Expeditionary Force). As he stated, \"All of the Armenian officers and soldiers of our Force were massacred by the order of Halil Pasa.\" The same officer continues to say that subsequently \"Halil had the entire Armenian population (men, women and children) in the areas of Bitlis, Mus, and Beyazit also massacred without pity. My company received a similar order. Many of the victims were buried alive in especially prepared ditches.\"[25 Russian-Armenian lawyer disclosed, in the Red Paper he compiled to expose, he said, the falsehoods of the White Paper the Ottoman authorities had published during the war, that \"upon orders of General Halil, 800 Armenian and another time 1,000 soldiers, officers, and MDs in his Expeditionary Force were disarmed and killed by the Turkish soldiers of that Force.\"[26] Halil had been successively commanding several Ottoman Turkish army units, including the Fifth Expeditionary Force, the fifty-second Division, the Eighteenth Army Corps, the Sixth Army, and finally the 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 6/15 Army Groups East. [Footnotes: 24 Turkei 183/45, A33457, or, at new R14094. For similar reports on the mass murder of disarmed Armenian labor battalion soldiers, see below, notes 69, 73, and 79, and corresponding texts, discussing reports made by the Austrian Trabzon Consul, a German Colonel in charge of a regiment comprising felons released from the prisons of the Ottoman Empire, and Trabzon's Consul Heizer. 25 Report in Bureau de Correspondance Juif, The Hague, reproduced under the title, \"Les massacres d'Armenie d'apres un temoin oculaire\" in La [Vow] de I'Armenie (Paris, fortnightly 1:24 (15 December 1918), p. 901. 26 Gregory Tchalkhouchian, Le Livre rouge (Paris: Imprimerie Veradzenount, 1919), pp. 43-4. For a similar Armenian account see Garo Pasdermadjian, \"Armenia Leading Factor in the Winning of World War I,\" Armenian Review 17:1-65 (Spring, February 1964), pp. 29-30.] Were Armenian labor battalion soldiers killed? Yes, they were. Nobody is saying crimes against Armenians were not committed. For example, Dadrian is fond of telling us General Vehib established a court martial and hanged the two major perpetrators of one such massacre. Ironically, this represents actual evidence against state-sponsored genocide, to give the highest punishment to rogue elements who went off on their own and committed crimes. By contrast, only one soldier was tried for the massacre of hundreds of Vietnamese civilians at My Lai, and his (Lt. Calley's) punishment, before a period of house arrest, was only three days' imprisonment. Hitler never punished men for abusing or killing Jews. Kamuran Gurun had written in \"The Armenian File\" that the total number tried for crimes against Armenians was 1,397. Turkish researchers have updated that, via documents in their country's archives, with the following, as taken from the introduction of an upcoming book: \"[B]y mid-1916 the Ottoman Government had brought to justice 1673 people with claims of attacking the Armenian convoys and punished 67 of them with death penalty, 524 were jailed, 68 were exiled or similar, and 227 were found innocent. Out of the 1673 who were court-martialed 170 of them were government officials and 678 were soldiers. Amongst them were majors, commanders, lieutenants, gendarmeries, commanders, and police chiefs.\" Let's bear in mind no Armenians were tried for the slaughter of Turkish prisoners, as reported by Ohanus Appressian in \"Men Are Like That\" (p. 132): In this movement we took with us three thousand Turkish soldiers who had been captured by the Russians and left on our hands when the Russians abandoned the struggle. During our retreat to Karaklis two thousand of these poor devils were cruelly put to death was sickened by the brutality displayed, but could not make any effective protest. Some, mercifully, were shot. Many of them were burned to death. The method employed was to put a quantity of straw into a hut, and then after crowding the hut with Turks, set fire to the straw. One thousand of these prisoners were spared because it was known in Europe that we had inherited a large number of them from the Russians, and that no doubt an accounting would have to be made for them some day. The thousand who were spared were later liberated, as we had no means of caring for prisoners. No doubt they again took up arms against us; so in a way the killing of the two thousand was justifiable. Let's get back to the evidence condemning Halil Pasha. The primary accuser is a German vice-consul. This is yet another example of \"hearsay evidence.\" The diplomat was in his cozy office, and could not have possibly witnessed events such as the massacre of Armenian battalions wasn't there, you weren't there, and Vice-Consul Scheubner-Richter was not there. He got the information second-hand, probably either through missionaries, Armenians, or Christian-sympathizing Germans. He happened to be one of the latter himself, as we can learn through what the reams of Armenian propaganda have unearthed. For example, he is on record for having written, \u201cThe Armenians of Turkey for all practical purposes have been exterminated.\u201d As we\u2019ve seen, even the Armenian Patriarch was in disagreement with that foolish conclusion. (The Patriarch revised his number of 1,260,000 surviving Ottoman-Armenians three years later, in a 1921 report provided to the British, attesting to 644,900 still living in what remained of the empire. This is not what an objective party would classify as \"extermination.\") Scheubner-Richter also wrote: \"by July 15 (1915) almost all of the Armenians had been expelled from Erserum.\" Yet, many Armenians lived in Erzurum during the Russian occupation that was to follow. (And Morgenthau himself stated large numbers of Armenians remained in almost every city, in a March 3, 1916 letter to Lord Bryce, as quoted by Vahan Cardashian. [The Armenian Review, Winter 1957, p. 107]) Dadrian himself has instructed that by 1916, \"the genocide had all but run its course.\") Like other Christian- sympathizing Western consuls, Scheubner-Richter is not a reliable source. One thing is sure: Armenian statements that almost all of the Erzurum Armenians were deported and killed are ridiculous. This is demonstrated by the fact that so many Armenians lived in Erzurum during the Russian occupation. When the Russians departed there were enough Armenians remaining in Erzurum or returning from Russian Armenia to create an army and attempt to run a government. If all the Erzurum Armenians were dead, where did those Armenians 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 7/15 come from? It is absurd to think, and no one then or now has asserted, that these were Russian Armenians who had first come to Anatolia in 1916. Justin McCarthy, The Destruction of Ottoman Erzurum by Armenians But the German represents far more believability than the other \"evidence\" Dadrian presents. In Footnote 25, an unnamed Turkish officer is supposed to have made statements, as presented in an Armenian propaganda report? (Entitled, \"Les massacres d'Armenie...\" from a publication in an enemy nation, France. Is that supposed to comprise actual \"evidence\"? Note the date is December 15, 1918, before the 1919-20 Ottoman kangaroo courts were established. [When the accused had guns pointed to their heads to come up with culprits, otherwise it would be curtains for the Turkish nation.] Since the war had ended a mere six weeks ago (Oct. 30, 1918, the Armistice of Mudros) and it would have taken time to investigate and publish this report, such an interview with this purported Turk would have likely taken place during wartime. Even if the account were true, what soldier would have made such statements detrimental to his country, especially while war was ongoing, to an enemy of his country? Particularly if the statements were related in such an obviously over-the-top fashion, every single man, woman, child killed in the most monstrous ways, made to order by an Armenian propagandist.) The worst is yet to come in the following footnote, however, as we are expected to accept the \"word\" of an Armenian propagandist living in France. Can Dadrian embarrass himself further? (Of course he can. He follows up in Footnote 26 with the \"word\" of the notorious Dashnak terrorist and mass murderer, Armen Garo, the one who bore responsibility for \"burning hamlets and mercilessly putting to the knife all of the peaceful Mussulman villagers that fell into their hands,\" (Rafael de Nogales, \"Four Years Beneath the Crescent,\" 1926), along with a long list of other crimes from the Ottoman Bank takeover in 1896 to the running of the Nemesis hit squad organization during the early 1920s caveat: the work listed might have been written by Garo's son, Hrand Pasdermedjian. However, it is doubtful the son would have used his modest dad's self-given nickname of \"Garo,\" which means \"hero.\") This is not to say Halil Pasha did not order the massacre of the unarmed Armenian soldiers under his command. But before people of conscience make accusations, particularly of high crimes, they must rely on genuine evidence; not hearsay. Since all Dadrian has to offer is hearsay, he feels no compunction in simply making things up, to support his precious genocide thesis... things like the appearance of Halil Pasha actually confessing. Halil Pasha's Other \"Confession\" Let's get to the second \"confession\" of Halil Pasha, from his memoirs. To refresh your memory: On p. 241, Halil is more emphatic have endeavored to wipe out the Armenian nation to the last individual\" (\"Son ferdine kadar yok etmege calistigim Ermeni milleti\"). Sounds bad, doesn't it? Sure sounds bad on the surface, anyway. But as Greek-Cypriot with conscience, Antonis Angastiniyotis, wrote: If you want to find more than one reality, you need to constantly dig the soil until your hands are bloody. But that kind of thinking would entail integrity, a concept that is apparently pure anathema to one such as Vahakn Dadrian. Once again, context is important. And the context of the above comes from a speech made to cheering Armenians... in Armenia! You can read about it in the chapter from the book, presented below. You can bet on one thing: Halil Pasha's meaning had nothing to do with the genocidal implication Vahakn Dadrian was hoping for his readers to swallow. What can be said about Vahakn Dadrian? Fortunately don't always have to worry about being diplomatic, and beat around the bush with such terms as \"a lack of scholarly ethics.\" Let us call a spade a spade: Vahakn Dadrian is a first-class liar. What's more, his morality is at a shockingly low level. Dadrian is willfully employing his deceptive tactics, with the purpose of making people out to be murderers. Sure, Halil Pasha is dead and cannot defend himself. Does that excuse Dadrian from twisting whatever snippets of propaganda and hearsay he can find, in order to blacken the man's reputation? Forget about what Dadrian has been committing against this one individual. The hateful prosecutor has been employing the very same tactics to blacken the honor and reputation of an entire nation and people nation, not incidentally, that allowed his family to thrive, a family that \"largely survived the genocide.\") 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 8/15 Of course, more and more parties are going to find out exactly what kind of a \"scholar\" Dadrian is, and his currently acclaimed reputation will one day be ruined. But the intriguing question to bear in mind is... what do we make of the countless \"scholars\" who have simple-mindedly and unquestioningly accepted the scholarship of Vahakn Dadrian at face value? What will happen to their reputations? The \"Armenian\" Chapter from Halil Pasha's Memoirs In the morning at 9.00 am, my train stopped in Asmiyetzen where it is not too far away from Erivan. Armenian governors and commanders were ready to meet me at the railway station. German General Von Kres also wanted to celebrate the Armenian government with me and that\u2019s why his train has arrived at the same time with mine was just leaving the train when the Chief of Tasnaksutyan [Dashnak] Assembly, Aram Pasha, who met in Van and has become a friend of mine, entered the wagon. My old friend that Armenians call as Aram Pasha embraced me while he was crying. \u201cWelcome Halil welcome.\u201d With those words he was trying to show his pleasure sincerely. We alighted from the train. Von Kres just did the same thing. We greeted each other and then with the presentation of Aram met with the Armenian governors had not known them before but they were getting used to knowing me was leaping forward to the middle of certain death again controlled my armpit where my gun is and have no doubt that could reach the other gun easily that is in my belt. Somehow would find a way. We had a journey about 2 and half kilometers from the railway station to Erivan took Aram to my car and Von Kres was in another one with the Armenian governors. While the car was moving saw Armenian soldiers that were positioned on both sides of the road. \u201cLong live Halil Pasha\u201d They were on the display. Aram was unsettled and suspicious. He spoke in a whisper to me became Interior Minister two days ago but the ovens couldn\u2019t meet the demand. Therefore got beaten and my body is ruined. If the troops that are loyal to the government weren\u2019t on time to keep them away from me wouldn\u2019t be in here. Because of starvation, the government has no authority over the folk. As a conclusion we placed loyal troops on the roads that we are going to pass and also the most loyal gangs to the government are located on the mountains that are around the city to protect you. To summarize, Halil Pasha, we are really in a bad position.\" In the city, a mansion for us and another one for Von Kres and his retinues were reserved. After we settled in the mansion was alone for a moment told my retinues what they would need to do if there would be any clash. In any Armenian attack, we would fight till we have one person left alive little later, protocol visits started. Gently, we visited the Armenian Prime Minister in the office of President with Von Kres and celebrated them because of their new, independent government. As we decided with Von Kres before, at night we would return to G\u00fcmr\u00fc and Von Kres would move to Tiflis using the same route with us that passes from G\u00fcmr\u00fc. We asked them for their permission to leave politely. They spoke in Armenian between each other, then Aram Pasha started to talk. \u201cGeneral Von Kres can abide by his program but we are from the East and according to those Eastern habits we can not let Halil Pasha go before he would be our guest at least for one or two nights.\u201d \u201cAram Pasha have to leave too can not let you go Halil Pasha before we put you up at least for one night.\u201d As other Armenians were too insistent had no choice but to stay the night here. Afterwards, we went to the railway station all together to see Von Kres off. Before his train departed, he couldn\u2019t keep himself from saying that am astonished to see in one day you fascinated the Armenians that we were trying to please for a month. As an ally of yours am proud with that situation only answered with a smile. Actually, to bind Armenians to themselves as they have directly bound Georgians, Germans made every sort of promises to Armenians and offered them money and aircraft. Their desire was keeping old grudges against the Turks alive. At such times, Germans had to act in that way to secure their economical and political gains. 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 9/15 We saw Von Kres off and returned to the city. Night was coming big dining table was laid in the green garden of municipality. Before the dinner, bottles of raki and wine were opened. While we were proposing a toast, we heard the sounds of guns going off. My retinues were restless; their hands were on their guns waiting for my order. We were ready about what we were going to if there would be any backstab on us. While the sounds of blowing guns were stopping and restarting, Armenian cavaliers were sent to those places where the sounds were coming from. That detachment was at the command of War Minister Nazarberkof. The man giving the orders was General Nazarberkof that was the Russian general defending the brows of Hay when entered to Iran with Kuvve-i Seferiye. We used to be the enemy before, but in one night we became friends. Hours passed in the night and everyone was going to be in their beds soon. \u201cPasha, tomorrow visiting the Katagisos, the biggest spiritual leader of Armenians, would be a worthy attitude, would you accept it?\u201d Aram said. The next midday we would visit the spiritual leader in the Church of Asmetziyen. Till the morning we didn\u2019t have a comfortable sleep. In the early hours of the morning, the hum of voices started to come from the outside. At that moment there was a knock on the door and one of the assistants entered the room with a worried frown. \u201cGood morning Pasha, could you look outside, your orders\u2026\u201d The assistant said moved to the window. There were thousands of Armenians in the square. \u201cTell my friends to wait for my instructions and to be ready for anything. Don\u2019t act or do anything out of my orders.\u201d Anything could have happened but decided to walk through the paths of dead again and whenever decided it before was feeling some relief inside me. After was dressed and checked my guns, they reported that Aram Pasha had arrived found him a little thrilled. \u201cCould you make a speech addressed to the Armenian folk?\u201d Aram asked went out and gave the speech. My assistant Selahaddin had recorded the situation and his notes were as follows. \u201cAt the end of September, 1918 we went to Erivan for the negotiations with the Armenians. There were negotiations there. There was a square in front of the building that we were staying at and about fifty to sixty thousand Armenian were gathered, calling Halil Pasha\u2019s name. Aram, who was the Interior Minister of the Armenian Government, propsed for Halil Pasha to make a speech to the Armenian folk. Halil Pasha accepted the offer but was suspicious. Since the crowd was composed of Armenians who were taken out of the country and almost all of their families had died or were wounded, they all were living for vengeance and seeing Halil Pasha as the man responsible for the deaths. Certainly the folk that believes they suffered cruelties can do anything to the man perceived as the heartless one. Especially on that subject, Armenians were bloodthirsty. Perhaps, precautions were taken by the government but the precautions that were taken by the government couldn\u2019t prevent people from doing any bad thing if they wanted to do. When we got out of the door to reach the chair that was placed among the folk, we heard a scream but we weren\u2019t sure about the cause. Aram was leading the group, and we were following behind him. Hereafter didn\u2019t hope to return alive from there but by the way was thinking about how we could save our honour, show them we have the courage to talk in front of them and we doubtless would do that was with Halil Pasha and whenever he reaches his gun that will cost the attackers was watching everything carefully. When he reached the chair, people reacted with a flood of applause and Halil Pasha started his speech, addressing them as follows. \u201cThe Armenian folk that cooperated to dethrone a cruel, heartless sultan and to set up a free and happy country.\" \"The Armenian folk that tried to kill to the last person since they tried to enslave a nation to the enemy in the most terrible and painful days of my country, the Armenian folk that am offering peace, comfort since they take refuge of the Turkish nation\u2019s high mind\u2026 If you stick together with the Turkish homeland would do whatever can for your country but if you obey some group of unconscientious Armenians who would betray the Turks and their homeland again will give an order to the armies that are surrounding your country to not leave any Armenians still breathing on the earth. Be more reasonable.\" [The original Turkish] The above speech is where Dadrian derived what he termed an emphatic Hall Pasha's \"confession\" for systematic extermination. The translation is not polished in style, and aims strictly to provide a literal counterpart to the original sentences in Turkish. Thus, \"the Armenian folk that tried to kill to the last person since they tried to enslave a nation to the enemy in the most terrible and painful days of my country\" became Dadrian's simple and genocidal have endeavored to 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 10/15 wipe out the Armenian nation to the last individual.\" Is Dadrian correct to have highlighted this damning segment, and leaving the rest out? After all, Halil did say that he endeavored to get rid of the Armenians am reminded of Sir Charles Eliot's observation regarding foreign influence upon Ottoman-Armenians (Turkey in Europe): \"'Onward, Christian soldiers, marching as to war,' in English is a harmless hymn, suggestive of nothing worse than a mildly ritualistic procession; but confess that the same words literally rendered into Turkish do sound like an appeal to Christians to rise up against their Mohammedan masters.\" Similarly, the context in which Halil Pasha made his statement had nothing to do with a \"Final Solution.\" What he was trying to convey was that \"the Armenians fought by the side of the Allies on all fronts\" and were \"belligerents de facto, since they indignantly refused to side with Turkey,\" as Armenian leader Boghos Nubar flatly admitted. Halil Pasha was a soldier; the Armenians had betrayed his country. It is the duty of a soldier to kill enemies who are trying to kill off his country. And he is expressing his sentiments in a \"culturally dramatic\" tone that may be misinterpreted in the West, along the lines of Eliot's \"Onward, Christian soldiers\" example. The once Ottoman-Armenians who were part of that audience knew what Halil Pasha was talking about. They knew the only reason why they were in this mess was because of the madness of their greedy and bloodthirsty Dashnak leaders, as Prime Minister Hovhannes Katchaznouni admitted in 1923 as a \"terrible fact.\" It was these awful, corrupt leaders who were misgoverning them, leading them to three wars that they declared or provoked when the young Armenian nation should have been concentrating on getting her bearings, and who were causing the people's starvation through the leaders' corruption and neglect. (As Richard Hovannisian outlined in his history, prompting Sam Weems to conclude, \"The real Armenian genocide was caused by the Armenian peoples' 'own dictator leaders.'\" Hovannisian: \"In 1919, for each 1000 persons in Armenia there were 8.7 births and 204.2 deaths, a net loss of 195.5. It was verily a land of death.\") This is precisely why in Halil Pasha's memoirs, we learn how precarious the position of the Dashnak government was, when beaten-up Interior Minister Aram Pasha whispered, \"Because of starvation, the government has no authority over the folk.\") These Ottoman-Armenians in the audience likely had tears in their eyes, remembering the wonderful times they used to enjoy, when the wealthier ones were masters of Ottoman society... before their crazy leaders screwed everything up for them. Certainly, Armenian propaganda tells us it was all the Turks' fault \u2014 it's always the Turks' fault \u2014 but at that time, the Armenians knew better, and conditions were too grim to give priority to their propaganda. They knew the truth! So they met Halil Pasha's \"confession\" of wiping out the Armenian nation to the last individual with applause! Of course; they knew that they had fired the first shot, and it was Halil's soldierly duty to do onto the enemies of his nation before they did onto his nation. How could they argue with the truth? (Even \"today,\" an isolated Armenian of integrity can be found who points to this truth. ADDENDUM: How Armenians warmly greeted the Turkish army may also be determined by the report of this Armenian officer.) The Armenians did not interpret Halil's words as an admission for a \"Final Solution,\" and that he was talking about slaughtering innocent Armenian women and children. They knew that is not what Halil Pasha meant, the same thing as the Andonian concocted words that were stuck into Ottoman leaders' mouths, to the effect of \"kill every last Armenian man, woman and child without mercy.\" What is the final proof of this statement's not being a \"genocidal confession\"? It's the fact that Halil Pasha lived to tell his tale. Imagine a Nazi giving a speech in the newly formed Israel by the end of the 1940s, stating that he tried to eliminate every single Jew. The Nazi would have been lynched. \"Return to your villages, homes and your families. Work for their happiness, time will erase the wounds of the present and the past.\" After the speech that kept notes from, the crowd replied with a flood of applause again and we returned to the building that we were staying in. Early in the next morning we moved from Erivan to G\u00fcmr\u00fc. As asked Halil Pasha how he could go into the crowd without fear and make such a sharp, sorrowful speech to the Armenians, he replied that declining the offer of Aram would be cowardice; after accepting the offer and then behaving in a cowardly manner would be disrespectful to the heroic spirit of the Turks didn\u2019t consider returning alive from that chair but chose an honorable death instead of a cowardly living.\u201d \u201cMy Pasha would like to live those noble moments with you once more.\u201d \u201cSelahaddin, dying instead of living despicably is the only expression of the one thousand year history of the Turks agreed with him and was feeling a deep respect toward him.\u201d 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 11/15 The speech was done but the danger had still existed. According to the program that was prepared by the Armenian government, we started to move ahead of the Hazmiyetse Church that had a three-to-four thousand year history. Soldiers were still holding both sides of the road and beyond them there were a lot of Armenians in their crates and in the church square. Most of them had a miserable appearance due to the starvation caused by the immigrations. This bad scene left tragic impression on my emotions as it would have on everybody but the truth and main reason for being in such a bad position is the Armenians that tried to lay low an empire and covet the domain of the Turkish government, wealth of the Turks instead of a life full with comfort and earning. If my own citizens had tried to destroy my kingdom wouldn\u2019t hesitate to act in the same way. In fact, we weren\u2019t hesitating to send our own friends to their providential fates. An empire can not accept a betrayal or negligence. Finally, we arrived to the church and as we entered the big saloon of Katagisos, the spiritual leader was waiting in his dressing uniform. Firstly saluted him as a soldier, then sincerely kissed the hands of that long bearded, ruddy- cheeked, healthy despite his age, respected elder. He also kissed my cheeks; his eyes were filled with tears. Katagisos was speaking the Turkish language with the Caucasian dialect. Once we didn\u2019t understand each other, Karabet Ayiciyan were interpreting. Ayiciyan was one of the Armenians had received his law education in Istanbul. After his education, he had become a judicial inspector in Van. During the anarchy in Van, he escaped to Erivan. Katagisos invited us to the dining table after the conversation. Meat, pilaf and wine were put on the dining table. As we were eating and drinking, Katagisos found a chance and started to talk. \u201cMy son, my Halil Pasha we are finding something to eat in order to survive with the kindness of God but the condition of the scattered people on the roads is so miserable am wondering if any aid from your side is possible turned to my staff president Basri who was sitting on the right of me. \u201cWhat is the reserve stored food of 9th Army asked. Basri opened his small notebook, looked at one page of it and gave it to me secretly. According to the records in the book, the food storage can meet the demand of the 9th and 3rd Armies at least for 3 years and the product of the year had been harvesting at the same time. That means sharing one or two tons of wheat with the Armenians wouldn\u2019t make a difference for our armies. \u201cGive me a paper.\u201d Halil Pasha said. Armenians that are sitting on the table were waiting with a hope with their eyes wide open started to write. \u201cTo the General of the 9th Army Sevki Pasha, Two hundred tons of cereal will be sent to Hasmiyetze Station immediately and will be delivered to the Armenian government. Without losing time, beginning the transportation is a necessity. -- Halil \u201c \u201cSend this telegraph; tell them to post it immediately hand reached and took the telegraph, a man read it and stood up and gave it happily to an Armenian cavalier. As the Armenian cavaliers and the other cavaliers sided with him were galloping to the telegraph office, the guns were fired. People were acting as if they were in a big festival and besides those entire noises the spiritual leader Katagisos was crying. The feast had been ended. When we were returning to our mansion in the city, the people were applauding madly and showing their delight. Hungry people forgot their hatred, probably wanted to let them know that the Turkish government can be merciless against the people whom betrayed itself but even they were the enemies, The Turkish government is so pitiful to people who are demanding food and calling for aid. We had seen a lot of Turkish warriors who threw their canteens to the enemy soldiers from their trenches. Judicial Inspector Karabet Ayiciyan that have known since the days had been the gendarme commander in Van, came and started to talk. \u201cMy Pasha couldn\u2019t hear from my family since left Istanbul three years ago wonder if you can help me desired to ask why he left Istanbul and decided to betray his country with joining Armenian terrorists in spite of being a Judicial Inspector but didn\u2019t want to offend him. Also sent this telegraph to Istanbul. \u201cFrom my account, but without talking about me, pay fifty pieces of gold to Ayiciyan family living in Bakirk\u00f6y Zeytinlik, Istanbul. Besides pay one hundred Liras each month and inform them that Karabet Ayiciyan is alive and healthy in Erivan.\u201d Istanbul Central Commandership replied immediately and informed me that the order was done and the family was alive and healthy. When Karabet Ayiciyan heard the news, he beamed to me. 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 12/15 \u201cHow could you be such a good person Halil Pasha?\u201d he asked and he went out in a hurry was watching as remained behind. He saw his friend and started to explain something excitedly couldn\u2019t understand what he said but could imagine. On pg. 213 of these memoirs, we also have this statement by Halil:: \" ... [T]here were thousands of Armenians who, through starvation, became misarable and wretched due to the migration. Like anybody else, this bad sight had left a painful mark on my feelings acliktan sefil ve perisan olmus binlerce Ermeni bulunuyordu. Bu kotu manazara, her gorende oldugu gibi benim de insanlik duygularim uzerinde aci bir iz birakti... ) (Thanks to Hector; Addendum, March, 2007) Is it possible that Halil Pasha was making himself out to be too much of a saint? Well, everyone has an ego, and it does sound like there was a little whitewashing involved. His claims, however, are believable, in line as they are with historic Turkish generosity, tolerance and forgiveness. Look at what this \"Eichmann\" did: He performed a personal favor for Karabet Ayijian, as much as he resented the fact that Ayijian betrayed his country, the country that had treated him well enough for Ayijian to have built up a huge bank account. (Say thought the Turks were supposed to have stolen the wealth of the Armenians wonder why Ayijian's account was still intact.) More importantly, when Halil Pasha's country was in the throes of famine, he diverted food to alleviate the suffering of the starving Armenians. If there was diverting to do, he could have chosen to divert this precious surplus to the starving people of his own devastated nation. Halil Pasha, often identified as the uncle of Enver Pasha (the reason: Enver was one of the \"Evil Triumvirate,\" thus his relative must have also been guilty by association, and similarly evil; another maligned relative was Enver\u2019s brother-in- law, Jevdet Bey, the governor of Van, whom Armenian propaganda states nailed horseshoes onto Armenian feet) emerges as a soldier, a patriot and a man of honor far cry from the monster that Dadrian and his fellow propagandists have tried to paint him as. Naturally, it is the duty of Armenian propaganda to portray the Turks as subhuman, comic book villains, and to smear any non-Turk exhibiting the audacity to treat Turks with a little fairness... such as the great American, Admiral Mark Bristol. In his paper detailing how the Tweedledee to Dadrian's Tweedledum, Prof. Richard Hovannisian, is also basically a \"liar,\" Prof. Heath Lowry wrote that Bristol had paid several historic visits to Armenia, holding meetings with President Khatisian, which Hovannisian had ignored in his history books, at least until that time. Lowry asked, \"How then do we account for Hovannisian\u2019s silence in regard to this important event in this crucial period of the Republic\u2019s history would submit... that it stems from an obvious Iack of objectivity in his approach.\" (If Hovannisian paid note, in other words, he would have had \u2014 for one thing \u2014 to admit Bristol was not the \"Turcophile\" that propagandists charge Bristol as being, in an effort to discredit him.) Similarly, what do we make of the fact that Dadrian completely ignored the details of this historic visit of an important Turkish commander, to the newly created state of Armenia? (Do not be surprised if other Armenian \"historians\" such as Richard Hovannisian similarly ignored the episode, which must clearly be documented in the Armenian archives and other sources.) These unscrupulous \"scholars\" will do anything to try and hide information going against their genocide thesis. The fact that Halil Pasha was greeted with applause, the fact that Halil Pasha demonstrated compassion for the Armenians... these are lethal examples of information for propagandists concerned with showing that the Turks were and still are all little Hitlers. That is why Vahakn Dadrian made absolutely no mention of the details of Halil's \"Erivan\" chapter, nothing to brush aside in the history of the new nation's development phase. Dadrian only singled out parts of two sentences, taken way out of context, to demonstrate the evilness of Halil Pasha. Dadrian engaged in this \"scholarly technique\" deliberately, since he obviously read the entire book. Is this hateful man simply immoral, or is he amoral? Does he know the difference between right and wrong? Only Dadrian knows the answer in his charcoal heart, of course. The more relevant question, as posed before, is: why do so many \"scholars\" pay attention and keep paying attention to this highly dishonest source? \u00a9 Holdwater The source site of this article gets revised often, as better information comes along. For the most up-to-date version, the reader may consider reviewing the direct link as follows: 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 13/15 Newer Post Older Post Labels: Armen GARO, Court Cases, Holdwater, Kemal Cicek, Pasdermadjian, Rafael De Nogales, S, Sukru AYA, Vahakn 1 comments: ArchaeoDan, Michigan State Government (204.24.68.171) Lansing, Michigan said... While am neither Armenian nor an expert on the genocide attended Geneseo during the time that Dadrian was employed there. In fact, my first college class night class, was with Dadrian. My lasting memory from that class was that it was when learned what caffeine pills were, in order to make it through the class (knowledgeable but pedantic and soporific lectures). My stronger memory of this man was that one of the women who was harassed in the early 80s, and filed charges against him, was a friend of mine. She used to tell me how he would catch her in his office and compel her to touch and otherwise be intimate with her, eventually making it clear that this would lead to an \"A\" in his class. She was distraught and often in tears, and the last straw was when he hugged and touched her intimately in public between classes heard about some of these other women - his behavior was an \"open secret\". It was tragic that these five women had the guts to speak up, and yet he was allowed to continue on campus even though he was found guilty was one of those who signed that petition, and who knows what he has done at the Zoryan Institute don't believe all of his expertise is worth one human being being damaged at his hands. 11/11/11 Post a Comment Please Update/Correct Any Of The 3700+ Posts by Leaving Your Comments Here Matters To Us - - - We Promise To Publish Them Even If We May Not Share The Same View Mind You, You Would Not Be Allowed Such Freedom In Most Of The Other Sites At All. You understand that the site content express the author's views, not necessarily those of the site. You also agree that you will not post any material which is false, hateful, threatening, invasive of a person\u2019s privacy, or in violation of any law. - Please the then enter comment in English by referring to the in the post and preview your comment for proper grammar /spelling. -Need to correct the one you have already sent? please enter a -New Comment- We'll keep the latest version - Spammers: Your comment will appear here only in your dreams More . . : All the best To leave a comment, click the button below to sign in with Google Home Subscribe to: Post Comments (Atom) 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 14/15 3482) Settlement of Armenian Refugees - Syria &Lebanon, 1915- 1939 T. H. Greenshields, 1978 Abstract This thesis \u2026 659) Armenians Are Professional Beggars :American High Commissioner for Relief American High Commissioner for Relief States `Armenians\u2026 3286) The Times Newspaper Articles 1896-1897 Concerning- The-Armenian-Question The articles concerning Armenian Question in The Times\u2026 552) Armenian conference invites academics of all convictions to floor three-day conference at an Istanbul state university last\u2026 2441) Exclusive: What Happened On That Day? : Panel Presentation at Bilgi University, Istanbul: Report by Yuksel Oktay What Happened On That Day Panel Presentation at Bilgi\u2026 2/27/25, 7:08 580) Vahakn Dadrian's Sexual Harrasment Secrets & Vahakn Dadrian BUSTED: Halil Pasha | Armenian Genocide Resource Center 15/15", "7583_102.pdf": "Fabricated Genocide half truth is a whole lie\u2026 Archive for the tag \u201cterrorist levon demirian\u201d 23 2013 Prof. Colin Tatz & Panayiotis Diamadis; studying genocide\u2026 Mr. Varant Meguerditchian (Armenian National Committee) ; \u201cWe congratulate Prof. Tatz. He has been instrumental in the advancement of the Armenian cause in Australia, and our community\u2019s distinguished partnership with him is deserving of this and many honours.\u201d Prof. Colin Tatz (genocide scholar, Australian National University feel like more than a \u2018friend\u2019 to the Armenian-Australian community, we are family\u2026\u201d Nov 2008, upon receiving ANC\u2019s Armenian Friendship Award. History can not be decided by politicians weighing either constituent concerns or emotions more than evidence. Nor should the debate on history be closed while the existing narrative utilizes only a small portion of the source material. The same holds true not only for Armenian, Turkish, Greek, historians but also for their Australian counterparts and others. Rather, historians should work together to consider all source material, both in Armenian and Turkish archives. Each should be open fully. Cherry- picking documents to \u201cprove\u201d preconceived ideas and to ignore documents that undercut theses is poor history and in a politicized atmosphere, can do far more harm than good. On April 10, 2005, Turkish Prime Minister Recep Tayyip Erdogan extended an invitation to Armenian president Robert Kocharian to establish a joint commission consisting of historians and other experts to study the developments and events of 1915, not only in the archives of Turkey and Armenia but also in those of relevant third countries such as Russia, Britain, France, Germany, Austria-Hungary, and the United States, and to share their findings with the public. Ninety-seven members of the Council of Europe\u2019s Parliamentary Assembly at Strasbourg signed a declaration calling on Armenia to accept the Turkish proposal. Responding to those public comments, Armenian Foreign Minister Vartan Oskanian told the press that \u201cit is not a question for historians. They have already done their work \u2026 but since Turkey denies this, this has become a political issue and so needs a political solution.\u201d [Normalization of relations & historians debating the matter openly is bad for business. Armenia\u2019s National Security Service (NSS) began a criminal investigation on Oskanian, as well as his foreign-funded organization known as Civilitas headquartered in Glendale, California \u2013 established for the purpose of funding charity projects in Armenia, for money laundering & misallocating $2 million donation funds received from businessmen. Oskanian was formally charged on October 8 2012 with financial impropriety and has been stripped of his immunity from prosecution. Oskanian ironically claims that the charges are politically motivated. Tasting your own medicine shouldn\u2019t be that bad.] In his annual commemoration message to the Armenian-American community in 2005, President George W. Bush expressed support for Turkey\u2019s proposal (Armenian American diaspora relentlessy lobbying each and every Presidential candidate with the hope they utter the word \u201cgenocide\u201d); We look to a future of freedom, peace, and prosperity in Armenia and Turkey and hope that Prime Minister Erdogan\u2019s recent proposal for a joint Turkish-Armenian commission can help advance these processes.\u201d Secretary of State Condoleezza Rice reiterated the point two years later, telling Congress think that these historical circumstances require a very detailed and sober look from historians. And what we\u2019ve encouraged the Turks and the Armenians to do is to have joint historical commissions that can look at this, to have efforts to examine their past, and in examining their past to get over their past.\u201d Condoleezza Rice has since (after leaving office) become a common target for ultra nationalist Armenian propagandists, especially, Harut Sassounian the mouthpiece of the Armenian diaspora in the who is also the president of the United Armenian Fund charity organization & therefore has a conflict of interest in the matter says : Genocide Denier Condoleezza Rice Unworthy to Teach at Stanford ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 1/143 ( diamadis-vicken-babkenian-exploiting-anzac-history/colin-tatz-pontian-australia-greeks-4/) The Parliament under the guidance of Prof. Colin Tatz, experienced a historical day in 2012 to mark the 1st commemoration of the so called Greek Genocide which is essential piece of propaganda \u201cfor the continuation of the Greek identity\u201d in Australia. The keynote speaker Prof. Colin M. Tatz is introduced with the following words; \u201cIn 1998 under Prof. Tatz\u2019s leadership and with the sponsorship of the Pontian & Greek Associations in Sydney, the Centre for Comparative Genocide Studies at Macquarie University became the world\u2019s first to incorporate research and teaching of the Greek genocide into its programs True friend of Hellenism, Prof Colin Tatz\u201c. It is unfortunate that the Armenian government has failed to accept the joint commission, for without joint consideration of all evidence, the wounds of the past will not heal and, indeed, when an incomplete narrative enters the political realm, the consequences can be grave. To improve our understanding from past events we need to approach history as a discipline not as propaganda. History is concerned or should be concerned \u2013 not only with what actually happened in any given time or place, but also with what people thought was happening, as revealed to them through the means of mass communication, which may have conditioned their subsequent actions. Here we intend to disprove the opportunists using evidence (not fiction), exposing their motives & personal interests, in order to encourage a debate about the way how Australians view the facts around the Gallipoli Campaign & its connection with the Turkish \u2013 Armenian & Greek question. What bonds the Australians & Turks on the one hand divides the Armenians & Turks, Greeks & Turks on the other. All having suffered tremendous losses which was brought upon them by the designs of the imperial powers before & after WW1. The 20th century saw huge population movements. Some involved large-scale transfers of people by government action. Some migrations occurred to avoid conflict and warfare. Other diasporas were created as a consequence of political decisions, such as the end of colonialism. Diaspora; people dispersed by whatever cause to more than one location. Recently, scholarship has distinguished between different kinds of diaspora, based on its causes such as imperialism, trade or labour migrations, or by the kind of social coherence within the diaspora community and its ties to the ancestral lands. Some diaspora communities maintain strong political ties with their homeland. Other qualities that may be typical of many diasporas are thoughts of return, relationships with other communities in the diaspora, and lack of full assimilation into the host country. While there are 2.9 million Armenians living in the republic of Armenia, there are more than 8 million well to do Armenians living abroad. It is estimated that while 10.5 million Greeks live in their homeland, there are 7 million Greeks living abroad. Professor Colin Tatz, a Jewish South African immigrant who arrived in Australia in 1961 having completed his (Law (Hons) and (Hons) in political science at the University of Natal. Prof. Tatz is the Founding Director of the Australian Institute for Holocaust and Genocide Studies at the Shalom Institute \u2013 adjunct University of New South Wales. The Professor is the recipient of the \u201cFriend of the Armenian-Australian Community Award 2008\u201d presented by The Armenian National Committee of Australia (A.N.C), for his activism towards the so called Armenian genocide recognition efforts. He shares this honour with politicians Peter Collins, Bob Carr, Joe Hockey and John Watkins, along with many similar awards presented by the relevant Greek, Armenian & Assyrian committee & councils in Australia. It would have been best to start examining the speeches from the very beginning which were given by Liberal, Labor & Greens\u2019 Party State representatives. However, since we may rightly assume that some politicians are known to be biased due to their political & self interest motives, we\u2019ll start with the keynote speaker who is a scholar & an authority on the issue. The format of the event allowed only the keynote speaker Prof. Colin Tatz to take questions, which there was only one. Prof. Tatz is a scholar of political science who has several publications about Australian Aboriginals & Aboriginal youth suicide. He is among the few scholars who believes that the Aboriginal genocide has yet to complete its cycle and is ongoing even as today. The paradox is, Tatz concludes through his research; \u2026the Armenian allegations as the 1st genocide of the 20th century although the Aboriginal genocide is according to Tatz yet to finish its cycle. He alleges & advocates for the recognition of the Greek & Assyrian allegations of genocide, supposedly in the same time frame as the Armenian allegations. Despite all these arguments, he also appeases his Jewish audience and totally forgets his research & concludes that the Holocaust was the 1st genocide of the 20th century. All this might seem to be irrelevant considering that genocide is a heinous crime & its evilness should not be lost in numbers or the order. However, it is important for a scholar of comparative genocide studies, who often overreaches beyond his own field of expertise into history & manipulates the discipline of social sciences. This type of approach, theoretically, scientifically, historically is not sound but biased. Australian National University, Prof. Colin Tatz short bio. ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 2/143 ( diamadis-vicken-babkenian-exploiting-anzac-history/armenian-propaganda-colin-tatz-australia/) Prof. Colin Tatz, the keynote speaker of the so called Pontian Greek genocide commemoration event held for the 1st time in a world (NSW) parliament in 2012. The only question of the event came from a gentleman in the audience who seemed (sounded rather) to be genuinely puzzled from what he had heard throughout the commemoration & asked the following question to Prof. Tatz in a very hesitant tone. Click to watch the full video. ( Question from the audience; min; 1:25:40 \u201cWe\u2019ve all heard about the Armenian, ummm,\u2026 Holocaust the Jewish holocaust\u2026, why is it that\u2026 not many people have heard of the Pontian\u2026.. ummm massacres or the Holocaust that occurred there\u2026.. with all the Greeks\u2026. we\u2019ve seen a lot of the Jewish Holocaust in movies, we\u2019ve seen the Armenian\u2026.. ummm sort of massacres debated in the French Parliament. We haven\u2019t heard anything about the Greek\u2026. Holocaust that occurred in Pontus?\u2026\u2026\u2026. Is it a denial? Prof. Colin Tatz\u2019s response really don\u2019t know the answer wish could answer your question because it\u2019s a good question think it\u2019s to do with diaspora think it\u2019s to do with fragmentation think it\u2019s very much to do with some of the things that occurred during the resettlement & exchange of populations think that the events of the second world war especially involving Greece occupied by the Nazi\u2019s and so on... (uninterrupted) the Professor continues ; \u201cThere\u2019s almost no breathing time between the 1923 and 1940, you\u2019ll agree it\u2019s only 17 years. So that you need to have another number of priorities settled before you can begin addressing these historical questions also have to tell you, that if we just go back to the Holocaust history which know best. The events ended at the end of May, even beyond the defeat & surrender of Germany where the euthanasia programs still went on for another 3 weeks after the war had ended and so on\u2026. It took Jewish historians nearly 20 years to begin writing about those event. Non Jewish writers addressed the issue, the Jewish writers were so shattered that Elie Wiesel the famous survivor always said that \u201cin the face of the Shoah the Holocaust there can only be silence\u201d. Yes for a while. And think that\u2019s what probably happened, and I\u2019m only guessing that what happened to the people of \u2018Pontos\u2019 is that it was such a shattering event that it took a while to get their breath back & to find the resources the energy to get back to a historical event suspect that\u2019s part of the issue\u2026\u201d It is difficult to get a man to understand something when his salary depends upon his not understanding it.\u201d Upton Sinclair Prof. Tatz\u2019s initial response is as genuine & straightforward as one can give really don\u2019t know the answer\u201d (which is true because he mostly relies on Diamadis and Babkenian\u2019s articles on topics relating to Ottoman & Turkish history & additionally other writers essays on various historic events which fall outside his own field of expertise). Then the Professor goes on to say he thinks he knows the answer (realizing his sponsors are in the audience who would like to see their money\u2019s worth) & therefore he starts making up an irrelevant narrative to avoid embarrassment. Then, continues on to say he is \u201cjust guessing\u201d (for sure) as to what happened to the Pontus people although having hinted earlier that \u201cthere was an exchange of populations & resettlement (between 2 sides) and it had something to do with the diaspora & fragmentation\u201d. And finally he says he \u201csuspects that\u2019s part of the issue\u201c. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 3/143 ( content/uploads/2012/11/colin-tatz-awarded-for-fascist-greek-propaganda-2.jpg) Prof. Tatz (front row, 5th from left) supported by Panayiotis Diamadis (seated behind Mr. Tatz) and xenophobic Rev. Fred Nile on his left. Rev. Fred Nile\u2019s participation alone (and this not being the first time where Colin Tatz was also present) should have been a reason for serious concern for the Professor if nothing else. Sydney, 9 May 2012: For the first time, the Parliament House of New South Wales hosted the Annual Commemoration of the so called Hellenic Genocide. An initiative of the Pontian Benevolent Brotherhood \u201cPontoxeniteas\u201dof ( Not so aspiring for a professor who has earned himself a reputation as the preferred keynote speaker of the so called Greek, Armenian & Assyrian genocides supposedly perpetrated by the Turks during WW1. The question asked was not what had happened to the Greek people, it was, why haven\u2019t we heard about it? The blueprint of scholarship is, as Isaac Newton sets out to his rival Robert Hooke; \u201cIf have seen further it is by standing on the shoulders of giants\u201c. Research can be a daunting task, but it is not just for the giants. By standing upon the shoulders of those who have come before us & being open about the limitations of our own research, we can make our contribution to the community. Prof. Tatz is not a historian (but a political scientist) & has not presented a single piece of archival document with credibility supporting his speech. However, we have (below) identified the sources of uncertainty in his own work and we believe that he can get help from his colleagues with the hope that they can think of ways to clarify the issue of his shortcomings. Professor Colin Tatz, sponsored by the Hellenic & Pontus Associations & the Armenian National Committee, became the first recipient of the endowed chair as the Director of \u2018The Institute for Holocaust & Genocide Studies\u2019 in 1998. This would have given Prof. Tatz 14 years of breathing time to collect relevant data & to examine the events where sources of material are plenty. Colin Tatz shows the same pattern of cherry picking favourable data & ignoring scientifically available ones in his study; \u201cAboriginal Suicide is Different\u201d. He is strongly criticized by distinguished academics & scholars of psychiatry & anthropology for his unwillingness to utilize such \u201chard won research data ( collection=journals&handle=hein.journals/psylaw10&div=53&id=&page=)\u201c, where Tatz blatantly rejects expert opinions & dares to question the integrity & relevance of psychiatric research in a topic involving suicide. ( kemal_ataturk.jpg) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 4/143 Had Diamadis or Prof. Tatz, shown the slightest sincerity in studying Greek history rather than engaging in ill intentioned propaganda, they would have come across, Eleftherios Venizelos (father of modern Greece, 7 times Prime Minister between 1910 and 1933), nominating Mustafa Kemal for the Nobel Peace Prize in 1934 ( action=show&showid=2046), despite the former having initiated the unprovoked Greco-Turkish war which resulted in over a million civilian & military deaths on both sides between 1919-1922 in current day Turkey. In more simplistic terms for Prof. Tatz & Panayiotis Diamadis to contemplate the importance of this gesture, this would be the equivalent of (for argument sake), Israel\u2019s President Shimon Peres nominating Adolph Hitler for the Nobel Peace Award, a decade after the Holocaust. Or another local e.g. would be, Australian Aboriginal leaders praising Captain James Cook as a man of peace. Furthermore, while Greece happens to be the only European country without a formal mosque despite Greece\u2019s 500,000+ Muslim population, Istanbul remains the home of the worldwide Greek Orthodox Church (The Ecumenical Patriarchate of Constantinople ( which represents more than 300 million faithful followers. This is not a simple honest mistake made by Prof. Tatz (as will be proven below), but a deliberate effort to further confirm the views of the already prejudiced, and sadly it is a serious violation of scholarly ethics for the advancement of a political cause. In the first place, it cannot be doubted that the Turkish conquest (1453) was an actual benefit to the Greeks, wrought a positive improvement in their condition. The Turks were far better men, and far abler rulers than the wretched tyrants whom they superseded. As a rule, they were grave, serious, honest, and straightforward, while their vigor and energy in the conduct of affairs made them the wonder of the world. The government was vigorous and well sustained, its fiscal exactions were not severe, order and quiet were maintained, Moslem law was administered with tolerable impartiality, and the Greeks found themselves far better off than they had been before.\u201d [Edson L. Clark, British Anthropologist Historian, \u201cTurkey\u201d \u2013 The Greeks Under the Sultans, Published 1900 \u2013 Peter Fenelon Collier & Son, p.84] The truth of the matter is, Prof. Tatz gave several 1 day (8hrs) private classroom lectures for the Shalom College as late as 2009 & 2010 on the topic of \u201cAnti Semitism\u201d, which was open to the public (including primary-secondary level students) with an admission fee of 90$ in 2009 & 120$ in 2010 (discounted for concession card holders). It is here where Vicken Babkenian (an Armenian Australian) squeezed in the Armenian point of view, and Panayiotis Diamadis contributed with the Greek interpretation of events from a Greek\u2019s perspective. In real life, Babkenian is a jewellery store owner-manager & Diamadis is a high school teacher at Saint Ignatius\u2019 College \u2013 Riverview, a Roman Catholic day & boarding school for boys. What they all have in common is, they are either sponsored by the Armenian & Greek committees \u2013 associations or they have been employed by them in various positions such as research staff or Director of studies etc. This is verified by the hostess who presented Prof. Tatz at the Parliament event, Mr. Diamadis will verify this in further detail below. We have contacted the Shalom College & have been told that Prof. Colin Tatz is not in any way, shape or form affiliated with the Shalom Institute, but from time to time he has attended the college for projects regarding the Holocaust & Prof. Tatz hired rooms for the 8hr (1 day) courses which were spread out to 4 weeks (4 days in total) under the auspices of Shalom College. The title of \u201cDirectorship\u201d of the \u201cAustralian Institute of Holocaust & Genocide Studies\u201d is merely a title on a piece of paper used to manipulate the & Hellenic Associations\u2019 members who are also financial donours to the cause. In effect to create the impression that a Professor who has previous research on the Aboriginal genocide was on board to advance their cause & therefore they should keep supporting financially. Prof. Tatz unintentionally reveals his self interest in politicizing the issue in his following statement, quote think it\u2019s to do with diaspora think it\u2019s to do with fragmentation\u201c. This is exactly what it is, and it is very much inline with both ethnic organs mission statements. Pontian Associations of Australia, quote; \u201ctrying to reach out to subsequent generations so that we may lay the foundation for not only the continuation of our identity, but its evolution as well\u201c. The Professor\u2019s involvement has got nothing to do with academic research or historical facts & it has got nothing to do with hard evidence concerning the events of that time. It is rather an initiative created by 2 ethnic groups in diaspora in order to write their own pseudo-history, which will in turn form the identity of their communities which bonds their future generations together. The interference of Greece in Australian domestic & foreign policy is nothing new & it is evidently continuous. This was detected almost twenty years ago by the distinguished academic who has published widely in the fields of cultural diversity, social policy, refugees etc. Dr. Andrew Jakubowicz, Professor of Sociology at the University of Technology Sydney notes that: \u201c\u2026the Australian government had allowed itself to be manipulated by ultra-nationalists in the Greek community in particular, under direction or stimulation from Athens, into attacking one of the basic principles of multiculturalism, the right of groups in Australia to identify themselves as they believed was most appropriate.\u201d (A. Jakubowicz, \u201cThe State, Multiculturalism and Ethnic Leadership in Australia\u201d 1995, page 8) Golden Dawn brings wave of violence ( 1226515020340); 12/Nov/2012 neo-Nazi MPs have embarked on a campaign of violence, spewing racist insults, inciting supporters and allegedly beating up immigrants, gays, and political opponents. On March 25 2013, Golden Dawn\u2019s deputies and other members ( of the party gathered outside Mega, one of the biggest Greek private channels, to protest against a Turkish series that was screened on the anniversary of Greek Independence day. Greece\u2019s neo-Nazi Golden Dawn goes global with political ambitions ( ambitions); 01/Apr/2013. Buoyed by its meteoric domestic success, the far right party is planning to expand \u2018wherever there are Greeks\u2018. Anti-Fascists Battle Golden Dawn in Chania ( 03/Apr/2013. Members of leftist organizations such as the Antifascist Initiative & ANTARSYA, said that Golden Dawn members started bullying immigrants outside the Public Market & Plaka. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 5/143 Gillard Opens Aussie Door to Golden Dawn ( 03/Apr/2013; The daily newspaper of Melbourne in an extended article titled, Ban sought on far-right Greek party, refers to the possibility of the neo-Nazi Greek political party Golden Dawn opening a local office in Melbourne. ( content/uploads/2012/11/panayiotis-diamadis-racist-greek-liar.jpg) Keynote speakers of the so called Assyrian Genocide Seminar 27th June 2010 ; Panayiotis Diamadis, high school history teacher & Dr. Robert Kaplan, Psychiatrist, insurance claims assesor & professional public speaker (for hire) ( Privately organized by a sub- committee of the Assyrian Universal Alliance. Free Entry, Start 5 pm Edessa Reception Centre, Greenfield Park (under management of Rev. John Kushaba of the Assyrian Church in NSW). ( Click here for Full Video ( Mr. Panayiotis Diamadis says am part of the Australian Institute for Genocide & Holocaust Studies, we actually run a course at the Sydney which is open to anybody to attend, you don\u2019t have to be a university student. It runs in the 1st half of the year, so it\u2019s just finished, it finished last week, for this year anyway. And what we do is that every week we tell the students, this year we had 64 students, by the way that\u2019s capacity, the University won\u2019t enroll anymore than that, we got\u2019a waiting list. Which for a subject like genocide studies is amazing. Every week we tell them about Assyrian Genocide, every week we tell them about Jewish Holocaust, every week we tell them about Greek Genocide Armenian Genocide. You don\u2019t tell me how in the world do you fit that in in 2 and a bit hours? We don\u2019t look at the individual genocides, we look at cases, we look at what happened, so 1 week we\u2019ll look at gender, another week we will look at why did it happen, why does genocide happen?\u2026 \u201c Would you trust the Ku Klux Klan to provide reliable accounts of black behavior in the United States?\u201d Bruce Fein \u2013 Attorney, International Law Expert under President Reagan, commenting on Armenian allegations. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 6/143 ( diamadis-vicken-babkenian-exploiting-anzac-history/prof-tatz-shalom-college-courses/) Prof Tatz\u2019s Anti-Semitism 1 day courses with the Shalom College \u2013 4 days in total. Guest? lecturers; Mr. Panayiotis Diamadis & Vicken Babkenian. It is through these private lectures that Panayiotis Diamadis has become a self proclaimed lecturer at the University of Technology Sydney. Our request from the under the Act to obtain information of his employment status has yielded no results, as in the sense he has never been employed by the ( ( content/uploads/2013/03/panayiotis-diamadis-vicken-babkenian-taxpayer-funds.gif) Another among many taxpayer funded anti-Turk events organized by the pseudo-historians Panayiotis Diamadis & Vicken Babkenian. As for Mr. Nicholas Al-Jeloo, born in Melbourne to Assyrian Iraqi parents, full time day job; photographer and student of Semitic Languages at Sydney University. Mr. Diamadis says the courses didn\u2019t look at individual genocides but looked at cases & what happened & why it happened in 2 and a bit hours? But almost on every instance, he jumps to the conclusion without answering any of the what, why, when, who questions he claims to have already answered. Here\u2019s how Panayiotis Diamadis takes the opportunity to squeeze in the so called Greek genocide in less than 2 and a bit minutes, responding to a question (on 2012 ( concerning the Greek political crisis threatening the world\u2019s economies. His response as the representative of the Australian Hellenic Council, in many ways resembles the style of his mentor Prof. Tatz, who starts by first asserting that there was a genocide & then draws the topic to another field, which both gentleman claim to know best. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 7/143 BROCKIE: Panayoitis, what do you think DIAMADIS: \u201cIt goes back for me to leave the euro in as is known as \u2013 a disorderly exit -would be like going back to the 1920s after the Greek genocide when we had a million-and-a-half refugees flooding into a country of five million. You want to see a crisis, you want to see poverty? You want to see death in the streets \u2013 You go and look at the photos and film that Australians were taking in the 1920s in Athens. This is nothing compared to that. If we leave the euro, we\u2019re going back to that.\u201c His Eminence Archbishop Stylianos, who is a world-renowned theologian and Primate of the Greek Orthodox Church in Australia says in his article dated July 2003 and REALITY; \u201cOn the other hand, we have the similarly pseudo-epigraphic and bubble-like fabrication, under the grandiose title \u2018Australian Hellenic Council\u2019 which represents no one but the names on the relevant Committee. It has absolutely no \u2018relation\u2019 to or \u2018authorization\u2019 from the mass Representatives of the Greeks abroad, which is their Church and their Parishes-Communities with abundant institutions that continuously produce creative works in the service of both Countries (Greece-Australia), regardless of whether the Government of Greece, up till the present moment, so tragically turns a blind eye of by Ward Official Correspondent with the Allied Forces in the Balkans Published 1918 \u2013 New York, Edward J. Clode am glad that my friend Ward Price has written this book. In the first place, no other newspaper correspondent in the Near East can be better qualified for the task, as he has been in close touch with the Allied Army in Salonica since its formation. Secondly think it is of the utmost importance that the American public should be well informed on one of the most complex phases of the Great War. Though have often marvelled at the thoroughness and accuracy of the knowledge many people in the United States possess as to the problems the Allies have to solve and the difficulties they have to conquer, there can be no doubt that the attitude of Greece in the war has puzzled and distressed those who thought they understood her national aspirations. Ward Price, one of the ablest of war correspondents, throws a flood of light on this side of the Balkan question. He makes clear the chicanery which prevented the Greeks from following their natural bent. He sweeps aside, once and for all, the hollow pretence of Germany that her dastardly action in Belgium finds a parallel in the treatment of Greece by the Allies. That is the one point on which public opinion in the United States may need guidance. It was, perhaps, the most plausible of the many specious pleas put forth by Teuton apologists; yet it has not a shred of foundation in fact. Greece, or, to speak correctly, the King of Greece and his pro-German court, broke the solemn treaty entered into with the Serbians. They misled and hoodwinked the chancelleries of the Entente. Not once, but many times, did their acts call for severe treatment at the hands of the Allied nations. They overthrew the Greek Constitution, and imprisoned or drove into exile the statesmen who really represented the Greek people. Just what this duplicity of King Constantine and his supporters cost the defenders of democracy is set forth herein, chapter and verse, much of it from Ward Price\u2019s personal observation\u2026. \u2014\u2014\u2014\u2014\u2014\u2014- Diamadis cynically links the consequences of the recent Greek Governments financial mismanagement & poor governance to the events of 1920\u2019s which he admits 1.5 million Greeks made it safely into the constitutional territories of Greece. Although having said on many occasions & at the beginning of his speech, that the Greeks of Asia Minor supposedly fell victims to a premeditated systematic crime perpetrated by the Turks (Turkish Government which in fact did not exist until 1923). The Exchange of Greek and Turkish Populations was mutually agreed by the Greek & later formed Turkish Government at Lausanne Convention VI, January 30th, 1923, (Article 2). Soon after the expulsion of the Greek army which had occupied current day Turkey for nearly 3 years, the majority of the Greeks had hastily fled with the retreating Greek troops & the Turks on Greek territory were forcibly sent to Asia Minor. This was therefore transformed into a population exchange backed by international legal guarantees (declassified) CAB/24/1 Ref:0006 \u2013 Printed for the Committee of Imperial Defence Memorandum by Mr. A. J. Balfour of 1902-1905 & Foreign Secretary of 1916-1919) February 24, 1915 (excerpt) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 8/143 \u2026These advantages are not easy to- over-estimate. Yet fully admit that they would be far surpassed if we could bring to a successful issue the second, or Balkan policy. This policy aims at nothing less, than bringing into the struggle at least Roumania and Greece, possibly Bulgaria, and uniting the whole of the South-East of Europe with Britain and France in a combined action against the Central Powers. If this could be successfully effected, its influence on the fortunes of the war must be great, and might be decisive. It is unfortunately extremely difficult\u2014perhaps at this moment impossible\u2014to work out all the elements in the complicated problem which it presents. The course of events depends upon the policy of three small States, who, from the very necessities of their position, are obliged to incline to that side in the European struggle which they think is likely to win, and whose views are largely swayed by the small local hopes and hatreds. If we step away for a minute from the nonsense Mr. Diamadis has been parroting for the past few years, in reality the history of the Greek loans & bankruptcies starts in 1827, even before Greece was established as a state. 1827 followed by the 1843 bankruptcy, then the 1893 default & so on loan from The League of Nations in 1922 for the relief of the Greek refugees from Asia Minor (after the botched war) & for the restructuring of the Greek army helped to avert another catastrophe, but nevertheless the Greeks declared bankruptcy again in 1932\u2026 Interestingly the lenders were throwing good money after bad money, since there were clear signs of the Greek Government\u2019s economic mischief, by printing new money which had no correspondence with their foreign credit. His Britannic Majesty\u2019s Government REPORT. No.32 15th Dec 1920 Secret (declassified) CAB/24/154 Ref:0032 (excerpt) \u201cProtest against the Issue of Notes. \u2014 On 3rd December Lord Granville was instructed [No. 221] to communicate to the Greek Government the following decision which had been arrived at by the three Great Powers in conference that afternoon : -The British, French and Italian Governments having learnt that the Greek Government has issued without their authority notes of the National Bank of Greece to a further amount of 200,000,000 drachmas, make a formal protest against this action. Notice of the objection to this issue had been given, and the Powers declare that they consider it a violation of the financial agreements binding upon Greece, as this new issue of bank notes was not covered, as the Greek law required, by corresponding foreign credits.\u201c His Britannic Majesty\u2019s Government / 7th July, 1921 CAB/24/126 Ref:0024 (excerpts WILSON, Field-Marshal, Chief of the Imperial General Staff; \u201cSecretary of State, In accordance with the wishes of the Cabinet put up a short appreciation on the Greek Army and the chances of Greek successes in the coming operations. This appreciation is, to my mind, quite unsatisfactory, but it is the best we can do at the moment. It is unsatisfactory because we are unable to compare the two contending armies and therefore our forecast may be wholly misleading am sorry for this, but as cannot send officers to report on the Turkish Army can only do the best possible within the limited information at my disposal. 10. It would, therefore, appear that no good purpose would be served in supplying Greece with munitions, war materiel and money unless we are in a position to prevent similar supplies being received by the Nationalist Turks from Russia. If the Allies are prepared to munition the Greeks, and at the same time to prevent the Turks from obtaining munitions, a time may come when the Greeks, if they do not grow war weary, would be in a winning position. The General Staff, however, see no way of cutting off the supply of munitions to the Turks from Russia, and are, therefore, of opinion that Greece\u2019s great need is man-power rather than munitions, war materiel and money, and that as the Allies are not prepared to render assistance to Greece in this form, no support in munitions, war material and money would enable the Greeks to win peace in Anatolia.\u201d George Pattullo / 23 Dec 1922 U.S. Expeditionary Force Correspondent ; \u201cTo do Lord Islington justice, this expression from him goes much further in a humanitarian way than any comment have seen in the London press, either editorial or from public men and business leaders. To be sure, Lord Islington dismissed the tragedy with that sentence, and immediately passed to consideration of the practical points that must be stressed in the settlement\u2014keeping the Dardanelles open, protecting the rights of foreign nationals in Constantinople, and evolving a scheme for the safety of the Christian minorities in Asia Minor. But at least he was sorry for the Greeks. Those London newspapers which flayed Downing Street and laid the whole responsibility for the calamity on the Lloyd George cabinet\u2019s support of Greek invasion of Turkish territory made comparatively casual reference to the victims\u2019 pitiable plight. They abused the Greeks for failure\u2014damned them as futile trouble makers. Their real concern seemed to be for the one point affecting the material and political interests of Great Britain \u2013 the necessity of keeping the Dardanelles & the Black Sea from Turkish control. Thousands of Greek & Turkish soldiers had been killed in the fighting; cities and towns and leagues of countryside had been laid waste; Smyrna lay in smoking ruins; hundreds of thousands of civilians\u2014men, women and children\u2014were outcasts from their homes and thrown upon the world\u2019s charity. Yet the note the newspapers sounded was anxiety for the prestige and interests of the Empire. \u201cFreedom of the Straits\u201d completely overshadowed all other considerations\u201c The West and the East came face to face at the second class coastal town of Mudanya on a crooked road covered with dust on the hot Marmara coast. Despite the English flag ship \u201cIron-Duke\u2019s\u201d ash-colored deathly turrets that transported the Allied generals for negotiations with Ismet Pasha, the Westerners had come here to beg for peace, not to ask for peace or to dictate the conditions. These negotiations demonstrate the end of Europe\u2019s dominance over Asia, because as everyone knows, Mustafa Kemal got rid of all the Greeks.\u201d Ernest Hemingway 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 9/143 ( ( turkish-army-expels-greeks.jpg) 10 Sep 1922, New York Times ( independence-1922.jpg) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 10/143 15 Sep 1922, Smyrna (Izmir) is fairly quiet, Mustafa Kemal\u2019s army assisting in maintaning the protection of Greeks & Christian minorities, having recaptured Izmir on the 9th of Sep (after 3 years of Greek occupation, despite the Greeks having perpetrated unimaginable savagery & destruction for 3 years, with the backing of the British, all is calm). ( 26 Sep 1922, (Mustafa) Kemalist representative demands all foreign troops to respect Turkey\u2019s sovereignty & stop sending reinforcements if peace is to be achieved. 3 Oct 1922, West Argus ( greeks-burning-smyrna-1922.jpg) According to the American representative of the Near East Relief, Izmir (Symrna) was set alight by the Greeks & Armenians. The Bridgeport Telegram, January 22, 1923 \u2014\u2014\u2014\u2014\u2014\u2014\u2014 Although the question asked by the gentleman in the audience to Prof. Tatz relates to year 2012, rephrasing it; \u201cwhy hasn\u2019t anyone heard about the Greek allegations of genocide although a century has passed, whereas the Armenian diaspora in France having managed to bring the matter to the attention of the French Parliament?\u201d The possible answer to the 2nd part of the question could be, either the French Parliament set up a commission of historians and arrived at a conclusion, or the other possibility is that, the known 500.000+ Armenian French voters played an important role in persuading the politicians, \u201cpressure group politics\u201d as Prof. Tatz himself suggests to his audience. News sites and editorials have analyzed this occuring countless times. The double moral standards displayed by the French Parliament is evident to genuine political scientists & academic historians. Prof. Tatz being a native of Africa himself would very well know that the French closet is full of sculls ( from Senegal, Ivory Coast, Congo, Cameroon, Algeria, Morocco, Tunisia & most recently from Rwanda and so on\u2026 Drawing conclusions from your own research can often be difficult, but what if one doesn\u2019t have such? On the Armenian & Greek question, Mr. Babkenian & Mr. Diamadis provide the Professor with cherry picked newspaper clippings & articles of contemporary like-minded writers who dwell exclusively on atrocity stories & hearsay accounts, telltales, which then Colin Tatz reveals these in his publications as academic essays. Prof. Tatz unknowingly falls on his own sword though by dragging the topic to another historic event. The occupation of Greece by Axis powers (Nazi Germany & Fascist Italy). Whatever relevance this may have with the question or topic, the Professor is not sure himself. But nevertheless, his reason for going back to the Holocaust history is to exploit a frequently publicized & televised human tragedy, which he claims to know best. Not quite. Firstly, Greece was not occupied in 1940, the occupation began in April 1941. Secondly, Greece suffered terribly in the hands of the Axis powers in WW2, whereas soon after WW1, the Greeks supported by the British Lloyd George government were the aggressors in and had occupied Turkey between 1919 & 1922 ( Thirdly the Professor\u2019s comment on the Euthanasia Programme is just as irrelevant as his other views, it is obviously aimed at drawing parallels between the Nazi horrors & the Turks. Prof. Tatz says; \u201cThe events ended at the end of May, even beyond the defeat & surrender of Germany where the euthanasia programs still went on for another 3 weeks after the war had ended and so on\u2026\u201d. In fact, the euthanasia programme (T4) was aimed at cleansing mentally ill & severely handicapped Germans & it hardly had anything to do with the Jews. The victims of the T4 programme according to scholars, varies between 30.000 & some even put the figure as high as 200.000. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 11/143 When you throw dirt, you lose ground\u2026 On a more positive note between Turkey & Greece, Turkey & the Jews during the WW2 era. Throughout the war, Turkey walked a tightrope, balancing the needs and expectations of the Nazis against those of the Allies. Turkey was neutral until several months before the end of the war, at which point it symbolically joined the Allies in February 1945. However, the Turkish armed forces did not participate in any military operations of WW2. While Greece was under Nazi occupation & its population suffering due to direct killing & the famine enforced by the Axis powers, the Turkish President Ismet Inonu was the 1st Statesman to send humanitarian aid to the people whose army he had personally fought during the Turkish War of Independence 19 years ago. The people of Turkey thus became the first to lend a helping hand to the Greeks by sending a cargo ship with humanitarian aid. During WW2, just like many countries around the world, the Turkish people were facing their own food & power shortages at near catastrophic levels. This can be best described by, a short conversation Ismet Inonu had with a young girl queued for bread rationing, \u201cYou left us without bread\u201d she cried to the President, Inonu replied left you without bread but did not leave you without a father\u201c. The Turkish Red Crescent ship Kurtulus (Salvation), became the 1st civilian vessel to lift the blockade enforced by the British to deliver relief to Greece Kurtulus sank on 20 February 1942 in the Sea of Marmara during her 5th voyage from Istanbul to Piraeus. Despite the loss of Kurtulus, Turkey maintained her determination to help & continued sending aid until 1946 with other ships like Dumlup\u0131nar Tunc Konya Guneysu and Aksu. The Dumlup\u0131nar brought around 1000 sick Greek children 13\u201316 to Istanbul to recuperate in a safe place. It is estimated that over 250 000 Greeks died due to starvation & the famine enforced by the Nazi\u2019s. There\u2019s an interesting but relatively unknown documentary of Kurtulus. The Steamship That Carried Peace / 2006 ( Perhaps no ship in history was awaited with such hope & welcomed with such joy. And no other ship was so easily forgotten in the depths of the sea\u2026\u201d During World War II, Turkey served as a safe passage for many Jews fleeing the horrors of the Nazism. While the Jewish communities of Greece were almost completely wiped out by the Nazi\u2019s, the Turkish Jews remained secure. Arnold Reisman is a distinguished American scholar & author. His latest book, \u201cShoah: Turkey, the and the UK; In a systematic manner, Reisman sets out to give documented evidence of how Turkey\u2019s diplomats & consuls in several German occupied countries used their diplomatic status to intervene on behalf of Jews. In addition he explains that, \u201cIn spite of veiled threats, Turkey steadfastly refused Nazi pressure to deport its own Jewry to Eastern Europe for extermination,\u201d and at the same time, \u201ccontinued to assist European Jewry to escape from the Holocaust & in most cases go to Palestine.\u201d Reisman says Turkey did more than historians, educators, and the media have reported. In fact, he is emphatic in his argument that Turkey did significantly more than the and the in saving Jewish lives during the Shoah (Holocaust). Turkish diplomats, maintaining a self-effacing low profile, did not speak about their heroic deeds after the war. Necdet Kent (late father of Muhtar Kent of Coca Cola) for example, claimed that humanitarian attitudes should not be rewarded. Another documentary worth watching; The Turkish Passport ( On 19 July 1944, the Gestapo ordered all of the Jewish population of Rhodes to gather at its headquarters: ostensibly they were to register for \u201ctemporary transportation to a small island nearby\u201d. Turkish Consul in Rhodes (Greece) Selahattin Ulkumen reminded the German commanding officer, General Kleeman, that Turkey was neutral in World War and asked for the release of, not only Jews who had Turkish citizenship but also their spouses and relatives, even though many of the latter were Italian and Greek citizens. At first the commander refused, stating that under Nazi law, all Jews were Jews and had to go to the concentration camps. Ulkumen responded with \u201cunder Turkish law all citizens are equal. We don\u2019t differentiate between citizens who are Jewish, Christian or Muslim.\u201d Soon after Ulkumen gaining release of Turkish Jews, the Germans rounded up the Greek Jews on Rhodes, numbering 1673 in all, and deported them to Greece. In retaliation to Ulkumen\u2019s persistent actions, German planes bombed the Turkish consulate on Rhodes. Killed in the bombing were Ulkumen\u2019s pregnant wife Mihrinissa Ulkumen, as well as two consular employees. The Germans quickly detained and deported Ulkumen to Piraeus on mainland Greece and confined him there for the remainder of the war. In 1989 Israel recognized him as among the Righteous Among the Nations and listed his name at Yad Vashem. Late Professor Stanford Jay Shaw, Jewish American historian, best known for his works on the late Ottoman Empire, Turkish Jews & the early Turkish Republic. Professor Shaw has been described as \u201cone of the most prolific Ottoman historians in the United States.\u201d Prof. Shaw says; \u201cWhile six million Jews were being exterminated by the Nazis, the rescue of some 15,000 Turkish Jews from France, and even of some 100,000 Jews from Eastern Europe might well be considered as relatively insignificant in comparison. It was, however, very significant to the people who were rescued, and above all it showed that, as had been the case for more than five centuries, Turks and Jews continued to help each other in times of great crises.\u201d In contrast, Prof. Tatz is using his Jewish identity to exploit the Holocaust history for the Greek & Armenian cause in front of local & state politicians in the Parliament. He is not only giving his audience advice on how to utilize propaganda techniques, he is teaching outright hatred & absurd pseudo history. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 12/143 ( einstein_letter_to_turkish_president_1933.png) Albert Einstein in the 1930\u2019s played an important role in saving a number of intellectuals through various safe-havens inluding one provided by the government of Turkey. Although this plea from Albert Einstein was kindly turned down due to the lack of funding, resources & facilities, by 1945 Turkey had saved over 190 intellectuals from extermination. Initially, the majority were saved from Germany, then from Austria after the 1938 Anschluss, and again from Czechoslovakia after the 1939 Nazi invasion of Prague. Because of Turkey\u2019s neutrality & influence, e.g. world renown Professor Alfred Kantorowicz \u2013 pediatric dentistry innovator, was liberated from a 9 month incarceration in a concentration camp & allowed to proceed with his family to Istanbul, where he lived until his retirement in 1948. e.g. Hans Reichenbach, leading philosopher of science, educator & proponent of logical empiricism, who emigrated to Turkey in 1933, where he headed the Department of Philosophy at the University of Istanbul. \u2014\u2014\u2014\u2013ooooo\u2014\u2014\u2014- Indicators of Propaganda ; May have a financial interest in the answer Appeals to popular prejudices Transforms words to suit aims Presents unfavourable information/views out of context Makes emotional appeals Distorts unfavourable data Devalues thought/critical appraisal Suppresses contradictory views and facts Finds that answers are easy Often anonymous Relies on suggestion (e.g. negative innuendo) Magnifies or minimizes problems/suggested remedies Prof. Colin Tatz\u2019s earlier words; \u201cAnd finally come to the question of what we as an audience, we as a community, we as a group of victims in a sense, what can we do? You can firstly engage in lobbying! lobbying Parliamentarians, lobbying the Press, lobbying Councillors, lobbying anybody who will listen to your case & eventually somebody will listen. You need to engage in another democratic process called \u201cPressure Group Politics\u201d, voting \u2026 a lot of politicians \u2018with due respect to those who are in the room\u2019, believe that there are such things as the Jewish vote, the Greek vote, the Armenian vote. It\u2019s a myth, they may be important in one or two boroughs or one or two districts of a particular electorate, but they\u2019re not gonna sway the whole National Parliament or the whole State Parliament! But politicians believe they have to pay court to the views, and the needs, & the wants, and the desires, & the grievances of the minority communities. Well work on it bank on it! Do it! 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 13/143 You can target the social media\u2026 You can target the events, not of Day, that would be seen rightly as some form of desecration of a day that is celebrated so greatly in Australia, but you can suggested in \u201cMy Richter Scale\u201d, bring to the attention of the Australian public, the events that not only led up to Day, but what it was as Panayiotis has done so elegantly with Vicken Babkenian shown just how much Australian knew and saw of the events we are talking about tonight\u2026 \u2026Myth\u2019s can be demolished (referring to the tradition not Day itself as it would draw negative attention as he says)\u2026 \u2026you can also do what Joe Hockey (Armenian) did it at the Willioughby town hall last month, pledging himself as long as he breathed to try to bring the Federal Parliament to a recognition of these events. Politicians are the ones who can make these resolution, but we can help them, we can push them to make these resolutions.\u201d ( lobby.jpg) Joe Hockey (2nd on the right) with the Directors of the Armenian National Committee of Australia in September 2007, pledging unconditional support to two months prior to the upcoming elections. Mr. Joe Hockey \u201creaffirmed his commitment to advocate for recognition of the Armenian Genocide by the Federal Government of Australia.\u201c If you tell a lie big enough and keep repeating it, people will eventually listen\u2026\u201d Joseph Goebbels, Hitler\u2019s Master of Propaganda 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 14/143 ( 1934, An soldiers tribute message to President Mustafa Kemal Ataturk who was a commanding colonel in Gallipoli. Prof. Colin Tatz has not been able to complete his transformative process \u201cfrom good student to responsible scholar\u201c. Responsible scholarship is essential for all involved with the discovery, application and dissemination of knowledge. In the pursuit of the Armenian cause, Prof. Tatz has fallen victim to two common temptations in scholarship: overstretching and the misuse of his title(s). The aim of a responsible scholar is to encourage more research & analysis rather than mimicking, memorizing & politicizing the matter. The same however can not be said for a politician. Here is an example of how a politician\u2019s memory can play interesting games on him/her. Lebanese-Armenian Australian Joseph Hokedanian a.k.a Joe Hockey, 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 15/143 p p y p y g g p y member of the Australian House of Representatives, representing the Division of North Sydney for the Liberal Party of Australia since 1996 (the district with highest voters with Armenian background), in a broadcast with the on: 28/07/2009, quote; \u201cThere is nothing grand about war. There\u2019s nothing grand about conflict. And it\u2019s vitally important if we are to be true to the diggers themselves, that there be a warts-and-all approach to the analysis of our own history.\u201d It will prove impossible for Australia\u2019s Shadow Treasurer Joe Hockey to find the truth (warts-and-all), since he has already pledged his life to stay the course with his brethren Armenian community no matter what. Below are the first few paragraphs of the current Shadow Treasurer Joe Hockey\u2019s maiden speech in the Australian Parliament on 10 Sep 1996, doing just that, glorifying the British war of aggression & imperialist interests on a foreign land. Ironically, history books have no record of a war or of a major conflict during the 400+ years reign of the Ottoman Empire in that region until WW1. In retrospect, since the fall of the Ottoman Empire in 1918 & subsequently the partitioning of its Middle Eastern territories by the British & French, there has not been a single day without a conflict. The Battle of Beersheba involves more than Joe Hockey\u2019s (below) version of the romanticized, fictionalized story of 800 Light Horsemen making a courageous \u2013 daring attack, charging across the open field to capture the Turkish lines, which Hockey has taken from the scenes of The Lighthorsemen filmed in 1987, a cinema movie for entertainment, not for writing factual history. The Washington Post described it as; \u201cMostly \u2026 equine cinematography, a four-legged coffeetable movie about the Australian cavalry\u201d, The New York Times review was; \u201ca sort of pacifist-aggressive war adventure\u201d. Contrary to Hockey\u2019s \u201cagainst all odds\u201d claim, according to archival documents & war records, the strength of the British forces were 40 000 men while the Turkish forces were approx. 4400 men, 1/10th that of the British. Interestingly, this is also clearly visible in the movie, if one pays careful attention. After this bold \u2013 brave charge of the 4th Light Horse Regiment, followed by the capturing of Turkish positions, by 10 pm approx. 58,000 light horsemen and 100,000 animals had swarmed into Beershaba (rich of water sources). Although an inaccurate source, Wikipedia ( provides some general figures & background on the Battle of Beersheba for less enthusiastic historians & politicians. Joe Hockey (current shadow treasurer) has got his odds (10 to 1 at least) & facts terribly wrong because Gaza fell on the 7th of November 1917, where \u2026Turkish resistance in southern Palestine collapsed due to the superiority in numbers of the British forces over the Turks. Armenian representatives would later (Feb 1919) write that, they too deserve credit for the British success in the Middle East, by which they claimed to have contributed (indirectly) to General Allenby\u2019s victory in Palestine, thus forcing the Turks to send their troops from Palestine to the Armenian front (Eastern Turkey, to put down the Armenian rebellion, below). Nevertheless, Mr. Hockey did get a long \u2013 hearty round of applause in the Australian Parliament at the end of his maiden patriotic speech for glorifying war & conflict \u2026perhaps unintentionally. Hockey should leave history to historians, just as they would leave economic management matters to economists. \u2014\u2014\u201300000\u2014\u2014\u2013 10 Sep 1996 / Mr am in Canberra today because want to make a contribution to the future of Australia. This passion for the future comes about from the personal contact that have with the past. It all happened around 80 years ago. On 31 October in 1917. One hour before sunset. Above the sounds of heavy artillery and machine-gun fire, you could hear the steady rhythm of horses hooves\u2014800 tired and thirsty horses, ridden by 800 tired and thirsty men. This was the 4th Light Horse Regiment, hurtling through the smoke and dust towards the Turkish stronghold of Beersheba. Logic, instinct, and every hint of self-preservation would have suggested that this was madness. Armed only with single-shot rifles, bayonets and knives, 800 boys on horses were no match for a heavily fortified town armed with cannons and machine-guns. Our leader, General Harry Chauvel, must have had this same thought. However, he had no choice but to infuse these young men with the belief that the future of the free world lay in their hands. You know the rest of the story. Against impossible odds, 800 young Australians helped change the course of the First World War. Their charge was more than courage. It was more than defiance against oppression. It was an act of pure faith in the future\u2014and perhaps our finest illustration of that quality that we call the Australian spirit. The former Australian Prime Minister, George Reid, aptly described that spirit in this House in 1909 when he said: There is no country in the world where the people are less paralysed by reverence to the past. There are no people in the world who have fewer fears for the future. One might ask what relevance that charge on Beersheba has on the Australians of today feel proud to be able to stand here and tell you that its spirit can still be touched by every Australian feel proud to think that future generations can have that same defiant spirit surging through their veins\u2026\u201d \u2014\u20140000\u2014\u2014- If most members of the Australian Parliament know the rest of the story as Mr. Hockey thinks \u201cthey know\u201d, then there is something seriously wrong there. The 4th Light Horsemen did not commence the charge to \u201cFree the World\u201d but attacked as part of the British war efforts to capture Palestine (Arab land) which was to be given to the Jews in the later stages as a homeland. Mel Gibson\u2019s \u201cGallipoli\u201d & \u201cThe Lighthorsemen\u201d, regarded as patriotic movies in Australian cinema history, must have had a profound effect in the Australian national psyche, and it shows. To argue that, the 4th Light Horse Regiment\u2019s charge on Beersheba alone changed the course of WW1, which came to an end on the 11th of Nov. 1918, less than 2 weeks after the surrender & collapse of the Ottoman Empire \u2013 30th Oct. 1918, is ill advised & poor piece of propaganda. This statement dismisses all the intrigue, complexity, designs and ambitions that came along with the war & subsequently peace efforts. Furthermore, to reason the 4th Light Horse Regiment\u2019s charge as a defiance against oppression, literally on the other side of the world, is Donald Rumsfeld/Dick Cheney style propaganda with political spin, which leaves the door wide open for sending Australian troops to conflict regions which is not theirs. Fighting against oppression to free the world is war rhetoric, this is generally what politicians would like us to think. With all the historians, academics, political scientists, researchers etc. who are continously researching Australia\u2019s involvement in WW1 and especially in the Middle East fighting against the Turks, Joe Hockey\u2019s observation can not be surpassed for its unwillingness to acknowledge the genuine reasons of human suffering & unnecessary loss of Australian lives. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 16/143 ( content/uploads/2013/03/balfour_portrait_and_declaration.jpg) United Kingdom\u2019s Foreign Secretary Arthur James Balfour to Baron Rothschild, promising someone else\u2019s land (Ottoman territory) to someone else (Jews) while someone else is living on it (90% Arab population day after securing Beersheba, with Jerusalem in sight (subsequently captured within 3 weeks) \u2013 2 Nov 1917 / The Balfour Declaration The spirit or Anzac myth as Prof. Tatz names it & Joe Hockey politically distorts it, reflects on the shared characteristics of the Australian and New Zealand soldiers who possessed, specifically the qualities those soldiers are believed to have shown on the battlefield in Gallipoli. These qualities cluster around several ideas, including endurance, courage, ingenuity, good humour, larrikinism, mateship and most importantly the ability to show respect for the enemy. In the spirit, the soldiers are known to have been innocent and fit, stoical and laconic, irreverent in the face of authority, naturally egalitarian and disdainful of British class differences, and indeed they were. The spirit also tends to capture the idea of an Australian and New Zealand \u201cnational character\u201d, with the Gallipoli Campaign often described as being the moment of birth of the nationhood of both Australia and New Zealand (and of the new Turkish Republic). The military don\u2019t start wars. Politicians start wars.\u201d Gen. William Westmoreland (Army Commander Vietnam War / Chief of Staff, U.S. Army 1968-72 Before The Peace Conference Memorandum Presented Officially by the Representatives of Armenia to the Peace Conference at Versailles, on February 26th, 1919 p.6 Armenian volunteers fought on all the fronts. In France, in the Foreign Legion, by their bravery they covered themselves with glory. Scarcely one-tenth of their original number now survives. They fought in Syria and in Palestine, in the Legion of the Orient, under French command, where they hurried in response to the call of the National Delegation. In this Legion, the Armenians constituted the largest element, or more than one-half of the entire French contingent. There they took a leading part in the decisive victory of General Allenby, who paid high tribute to their valor. In the Caucasus, where in addition to over 150,000 Armenian men who served in the Russian army on all the fronts, an army of 50,000 men and thousands of volunteers fought throughout under the supreme command of General Nazarbekian. It was with these troops that, after the breakdown of the Russian army and the treaty of Brest-Litovsk the Armenians, deceived and deserted by the Georgians, and betrayed by the Tartars who made common cause with the Turks, took over the defense of the Caucasus front and, for a period of seven months, delayed the advance of the Turks. They thus rendered important services to the British army in Mesopotamia, as stated by Lord Cecil in an official letter addressed to Lord Bryce and in his response to an interpellation in the House of Commons. In addition thereto, by their resistance against the Turks until the conclusion of the armistice, they forced the Turks to send troops from Palestine to the Armenian front, and thus contributed indirectly to the victory of the Allied Army in Syria.\u201c 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 17/143 ( jerusalem-dec-1917.jpg) The victorious General Allenby dismounted, enters Jerusalem on foot out of respect for the Holy City, 11 December 1917. ( content/uploads/2012/11/dr-robert-kaplan-panayiotis-diamadis-assyrian-genocide-industry.jpg) 27th June 2010. Genocide obsessed Panayiotis Diamadis & psychiatrist Robert Kaplan with their genocide research team. Diamadis quote; \u201cwe have the evidence to prove it, some of the eyewitnesses are the evidence we heard from the girls. Then we\u2019ve got this really really really interesting bit of evidence, that those who deny the Assyrian genocide, deny the Armenian genocide, deny all genocide, they don\u2019t have this little bit of evidence, it\u2019s called Australians. These interesting little people from the boondox of Asia, which where we are. Who were in Assyria, in the Near East, when the genocide was happening and they wrote things down and they sent reports back home. Now anybody can say that you are Assyrians you are liars, you know, you wonna break up Turkey, you wonna do this, you wonna break up Iraq blah blah blah blah. It\u2019s not the issue, the issue is our memory HAPPENED! This happened to our ancestors collectively, yeah but you know you have political agendas, don\u2019t bring your quote wog issues here, it\u2019s a nice country, leave it home. And this is why the Australian material is so important. Because this material makes it Australian history! It\u2019s an Australian issue this is not Assyrian versus Turk, this is not Assyrian versus Iraqi, this is not Turk versus Greek or Turk versus Armenian, this is Australian history\u2026.\u201d [Anyone & everyone can claim to have been an eyewitness, but for Diamadis the credibility of the eyewitnesses & the reliability of their stories is never important, as long as there is the slightest probability of vilifying the Turks. The other eyewitnesses (below) will validate Diamadis himself can not be a credible reliable source on this matter. Describing Australians as these little people from the boondox of Asia is extremely offensive, not only to Australians, but more so to the Asians. Geographically, culturally, historically Australia has no relevance with Asia! Nevertheless, if we apply (primary school) mathematical logic to his equation, presumably the last combination would have been Australian vs. Turk] You will hear extraordinary horrible stories practiced by Turks. Well, don\u2019t believe a word of them. They are grossly exaggerated if not wholly false. You will be surprised at the gentlemanly way the Turks has fought us.\u201d [Cobbers \u2013 Stories of Gallipoli 1915 / Compiled by Jim Haynes 2005, p. 178)] 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 18/143 ( content/uploads/2012/11/anzac-turkish-friendship-after-ww1.gif) Rustu Erdelhun who fought in Gallipoli as a young officer, later became the 10th Chief of Staff of the Turkish Army, says; \u201cSometimes the Turkish and Australian lines were only ten feet, twenty feet apart. The Australians used to write \u201cWelcome Turk\u201d on their hand grenades, so we replied by writing \u201cGo back to your country\u201d on our own.\u201d \u2013 Sir Donald Charles Cameron promoted to Lt. Col. on Oct 30, was one of the officers who led the attack on Beersheba (3rd Battle of Gaza) & the advance on Jerusalem, which Joe Hockey has glorified in his above maiden speech for the following reason. Armenian Joseph Hokeidonian (Joe Hockey\u2019s grandfather) was hired as the deputy clerk of Beersheba after the Turks were driven out. Although, nowadays Joe Hockey freely accuses the Turks \u2013 on the 24th of April, of having commited genocide against his Armenian ancestors, Australian history proves him wrong and interestingly only a day later, on the 25th of April every year, Joe Hockey becomes a ceremonial Day figure. Sir Cameron, Commander of the 5th Australian Light Horse Regiment says ( in 1918 the ANZAC\u2019s trusted the 5000 Turkish soldiers to keep their weapons even after surrendering, so the Turks can protect themselves against the Arabs, who had made common cause with the British & French at the beginning of WW1. Sir Cameron; \u201cIt was a curious situation, we were actually defending our enemies against our allies.\u201d \u201cThroughout the night the Australians and the Turks held the same trenches, gathered around the same camp-fires, shared each others food. Although we were outnumbered by the Turks eight to one we had no fears for our safety\u201d \u2013 Sir Cameron says, although the Australians never fired a shot at the Arabs, they cheered on the Turks \u201cGo on Jacko, give it to the b________\u201d Australian War Memorial sources on Sir Donald Charles Cameron; Distinguished Service Order : Major Cameron, 5 Australian Light Horse Regiment ( Short Bio & Portrait ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 19/143 ( content/uploads/2013/03/australian-hellenic-council-anzac-myth-media.jpg) Australian Hellenic Council Press Release \u2013 25 April 2011 unable to see the irony & hypocrisy in their own statement i.e. attempting to defame the importance of 25th April which was \u201cDay One\u201din a 9 month long battle, while on the other hand glorifying the supposedly Greek/Australians who participated in the same Gallipoli Campaign, to knock out the Ottoman Empire out of the war. \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2013 Despite Diamadis\u2019s unfounded, ill intentioned allegations that, select Australian soldiers of the Dunsterforce witnessed the events as HAPPENED\u2019, according to the official reports & private memoirs of the most senior officer of the Dunsterforce, Major General \u2013 Commander, Lionel Dunsterville, nothing of that sort ever happened. As a matter of fact Commander Dunsterville became disgusted with the Armenian & Assyrian crimes committed against the Muslim population, Lionel Dunsterville found the Armenian women to be braver than the Armenian men who deserted at every instance, jeopardising the safety of the Dunsterforce & their own families. One witness one liar, more witnesses all liars\u2026\u201d Greek Proverb As His Holiness Archbishop Stylianos of Australia says, Diamadis does not represent the wider Greek community and hopefully not. However, since he is a representative of the Australian Hellenic Council ( option=com_content&view=article&id=73&Itemid=53) which strives to; Safeguard the political, economic, religious, educational & cultural rights, status & interests of Australians of Hellenic descent; Promote unity of endeavour and action within the Australian Hellenic community; Encourage and promote a better understanding of Hellenism within Australia\u2019s multicultural society; Intensify the bonds of Australians of Hellenic descent with other Hellenic communities around the world; and Represent and act on behalf of the Australian Hellenic Community before any government or other authority on issues of strategic significance. \u2026judging from the above purpose statement, we can say for sure that Diamadis does have a political agenda & for sure he does have a financial interest in the matter on behalf of members. Diamadis is not only lying about his activities as a lobbyist, he is skillfully exploiting emotions by accusing the \u201cother\u201d members of the Australian community to be liars. Simply because they have been able to see through his lies, & have told him their honest observations, that his lies are the sort which provokes conflicts & that they could do without it in Australia. If Panayiotis Diamadis is among the best examples for Greek honesty, he is doing more harm than good to the Greek Australian image. Here is Diamadis\u2019s double moral standards, rightly so responding to refute comments which have gone way too far, stereotyping Greeks as liars as a result of Hellenic DNA, (to the editor of a newspaper); 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 20/143 Dear Editors, RE: \u2018Throw out cheating Greece before the rot cripples rest of the world\u2019 Sydney Morning Herald 15 September 2011, page 11 The Australian Hellenic Council (NSW) is the peak public affairs body of the Australian Hellenic community in New South Wales. Amongst the key advocacy issues it works on are protection of the Hellenic heritage of Macedonia and promotion of Australian Hellenic heritage in this country, as well as in Hellas and Cyprus. Before Mr Sheehan again launches cheap shots with provocative headlines, the (NSW) recommends he visits the country and conducts his own research. The European financial crisis is far more to do with the problems of the entire European Union and the euro zone than the public debt of a single state alone. The (NSW) demands the immediate removal of vilifying comments such as \u2018Rob Sydney \u2013 September 15, 2011, 2:32PM\u2019. Public debate is fine \u2013 public vilification such as \u2018This Greek lying factor is nothing new, and it is embedded in the Greek DNA\u2019 is not.\u201d 15 Sep 2011 Dr Panayiotis Diamadis Media, Policy and Research Director To understand Diamadis\u2019s character & ideology, let\u2019s look at his analysis of the current political & economic crisis in Greece, as he answers Jenny Brockie\u2019s questions on T.V. Diamadis says he does not trust any of the Greek politicians running but nevertheless if he had to vote (which in reality he can\u2019t) he would reluctantly vote for the lesser evil right wing New Democracy Party to govern Greece. He \u201cpersonally\u201d thinks that the leftist Syriza Party which represents just under 27% of the Greek vote & is at the same time the main opposition party, which lost by a narrow margin of less than %2.8 is \u201cdangerous\u201c. What kind of ideology or mentality would label the main opposition party in a democratic election system as \u201cdangerous? Either a religious conservative or a far right radical would feel threatened by an opposing view on a personal, emotional & political level, not the centre right as he suggests he represents. The Neo-Nazi fascist Golden Dawn party ran a campaign during the Greek national elections of 2012 receiving %7 of the popular vote, enough for the party to enter the Hellenic Parliament for the first time with 21 seats. Following a second election in June, this was reduced to 18 seats. Makis Voridis & Adonis Georgiadis, formerly members of Parliament for the far-right Popular Orthodox Rally (LAOS), joined New Democracy in early 2012. According to a former fellow student at Athens College, writing in Israeli newspaper Haaretz ( fight-to-keep-neo-nazis-out-of-greece-s-government-1.416802), Voridis formed the fascist student group \u201cFree Students\u201d that painted the walls with swastikas and saluted each other using the Nazi-era greeting \u201cHeil Hitler\u201d. It was further alleged that during school elections, Voridis would violently threaten the Jewish students who opposed his fascist group, as well as their families. In an interview with the British paper The Guardian ( Voridis was described as having been an \u201can axe-wielding fascist\u201d in his youth. He denied accusasions of antisemitism. He is the Minister for Infrastructure, Transport and Networks in the New Democracy Government while still a member BROCKIE: That\u2019s a very grim picture being painted by your, you know, countrymen, your relatives, people in Greece and that was very much the feeling we got from talking to people, that they pretty much don\u2019t trust anyone mean, Panayoitis, if you were over there now voting, who would you trust to get Greece out of the mess DIAMADIS: Trust none of them. But the reality is would have to vote for someone. Personally would vote New Democracy for the sake of a stable government don\u2019t like it BROCKIE: This is the Conservatives in Greece DIAMADIS: It\u2019s the centre-right. It\u2019s the only group that would form a Coalition stable enough to give us some state of stable government for the next few years that we need BROCKIE: What about Syriza? (The left wing coalition of a broad array of groups (13 in total) & independent politicians, including democratic socialists & green left groups etc think they\u2019re dangerous, personally BROCKIE: Why DIAMADIS: They\u2019re great on the slogans and no substance don\u2019t see a policy, a party agenda that is workable. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 21/143 ( content/uploads/2012/11/venizelos-ambitions-king-crane-commission.jpg) Copy of a draft paragraph written by Prof. Albert Lybyer King Crane Commission) that discusses the Paris Peace Conference\u2019s mistakes in handling Greek territorial ambitions in Asia Minor. Record series 15/13/22, Box 16: King-Crane Commission (May-August 1919) Folder 3. University of Illinois. Professor of Sociology Andrew Jakubowicz at : The State, Multiculturalism and Ethnic Leadership in Australia \u2013 1995 \u201cIn 1992/1993 the Greek government, anxious to ensure diasporic solidarity and support in what it feared would be a potential conflict in the Balkans, brokered a rapprochement in Athens between the Australian Communities and the Archdiocese. With that rapprochement in place, the former left/right tensions could be suppressed and replaced by a call to Hellenic unity, an ultranationalist ethnically based reprise that could transcend more rational political debates and seek for an emotional trigger to release the growing political clout of the Greek community in Australia. There is a strange twist in the situation, in that it is the multiculturalist environment of Australia that has legitimised the retention of Hellenic cultural politics here, while in Greece this same Hellenic cultural politics rejects a multicultural acceptance of diversity (e.g. Macedonian language and culture) within that country. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 22/143 ( content/uploads/2013/03/the-republic-of-macedonia-panayiotis-diamadis.jpg) Diamadis is a lecturer of genocide at UTS, has an extensive record of publications, conference papers and public lectures in Australia & Europe, according to Diamadis. \u2014\u2014\u20130000000\u2014\u2014\u2013 The following letter was penned back in 1994 by Australia\u2019s former Ambassador to Ankara, Mr. P. F. Peters, as a response to an anti-Turkish article published in The Australian by a Greek ultra-nationalist. \u201cMr. George Karagiannakis\u2018s letter (2/6/94), making all sorts of incredible allegations against Turkey in regard to its domestic and foreign policies, should not be allowed to go unanswered. It is not possible in the space of a few lines to answer all of his allegations. However, in fairness to the truth, the following points must be made: The \u2018facts beyond credible dispute\u2019 to which he alludes are in fact based largely on fictions to justify unrealistic ambitions or failures in the past to achieve totally unrealistic goals. Whilst it is true and sad that many Armenians lost their lives in their own bid for territory, what is not recognized is that the Armenians themselves inflicted as much damage as others in the hostilities of that time, goaded on by some Western powers for their own selfish and geopolitical objectives. The Turks had no deliberate policy of genocide at any stage, only the removal of Armenians from the front line with Russia, where they were collaborating with the Ottoman Empire\u2019s enemies and were thus a threat to its security. The Kurdish issue is more complex. Two points are relevant: The PKK, like IRA, is a terrorist organization ARMENIANS, with the stated objective of destabilizing Turkey. It has so far assassinated over 10,000 people in Turkey. It has no justifiable claim to represent the Kurdish people. Most Kurds are integrated into Turkish society. About one-third of the Turkish Parliament is of Kurdish origin. This illustrates the absence of discrimination. As for Cyprus, if any genocide or ethnic cleansing has taken place, this has always been carried out by the Greeks. The abortive coup of 1974, organized by and Greek colonels, aimed at elimination of the Turkish Cypriots from the Island. Turkey intervened to protect them and prevent Enosis. Since that date, the island has been peaceful and free of bloodshed. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 23/143 Turkey has consistently supported a fair and reasonable settlement on Cyprus, but one that gives the Turkish Cypriots a secure future and equal political and social status with the Greek Cypriots. The real problem between Greece and Turkey is Greece\u2019s reluctance to give up its Megali idea, that is, the recovery of the territories occupied by the Byzantine Empire, which finally fell to the Turks in 1453. All the many conflicts between Greece and Turkey over the past two centuries have been initiated by Greece. Your correspondent\u2019s reference to bloodied Turkish history is therefore clearly wrong, except in the fact that in the past three Greek- initiated conflicts, the Turks gave the Greeks a severe hiding, which partly accounts for the large fall in numbers of Greeks in present-day Turkey. Regarding persecution, the Ottomans had one of the most tolerant policies towards non-Turks of any empire of its day. The three communities of Jews, Greeks and Armenians were virtually autonomous within the empire.\u201d P. F. Peters Former Australian Ambassador to Turkey (The Australian, June 9th, 1994) Former Australian Ambassador is obviously well informed on the realities, 5 years later leader Abdullah Ocalan was captured by Turkish commandos in Kenya, soon after leaving the Greek Embassy in Nairobi with a genuine Greek Cypriot diplomatic passport. Read report ( the Greek involvement at the highest levels of government. George Karagiannakis, who Mr. Peters felt compelled to respond to, is now the Head of Government & Industry Relations for Insurance, in short another Lobbyist. \u2014\u2014\u2014\u2014\u2014\u2014- Modest examination of Diamadis\u2019s allegations & his bizarre obsession with Dunsterforce demonstrates clearly that the Hellenic Council of Australia\u2019s intentions (the Greek diaspora in Australia being the 2nd largest worldwide, after USA) are not accidental but rather by design. Sir Llewellyn Woodward, Great Britain & the War of 1914-1918 (London: Methuen & Co. Ltd., 1967), p. 440 ; \u201cDunsterville\u2019s first task was to organize a coherent body of resistance out of the miscellaneous, and often mutually hostile, groups of anti- Bolshevik Russians and anti-Turkish Georgians, Armenians and Assyrians spread across the Caucasus region.\u201d These refer to ethnic groups which were, in most cases, not associated with an actual country of the same name. They were part of the Ottoman Empire or undefined border regions within the Middle East. Diamadis presents unreadable newspaper clippings from the printed media reporting on couple of Armenian & Assyrian clergyman emigrating to Australia as early as 1850\u2019s. Photos taken by the returning soldiers of the Dunsterforce which consists of images of the landscape, local people & military conditions, this is presented as evidence to make up a case for genocide. Panayiotis can not be blamed alone since has been following the Professor\u2019s directives to \u201cdemolish the myth\u201d & to shatter the respect the soldier brought back with him in his reports, memoirs, diaries for the clean fighting Johnny Turk. The Dunsterforce, contrary to Diamadis\u2019s sugar coated definition, was a covert military mission of under 1,000 highly trained select Australian, New Zealand, British, Canadian, Russian troops (drawn from the Mesopotamian and Western Fronts), accompanied by armoured cars, deployed from Hamadan some 350 km across Qajar Persia. It was named after its commander General Lionel Dunsterville & it was anything but a humanitarian or a fact finding expedition. Soviet archivist Vasili Mitrokhin claimed that Dunsterforce\u2019s objective was, under the guise of defending British India, to secure a foothold in the Caucasus. The force would then co-operate with counter-revolutionary forces to overthrow the Baku Soviet and seize control of the whole of the oil-rich Caucasus, the Caspian Sea, and all surrounding regions. Mitrokhin claimed that Gen. Dunsterville had \u201cforty Ford vans loaded with gold and silver\u201d to pay for the operation. Commanding Major General Lionel Dunsterville, also happened to have a pen and paper & he too took notes on a daily basis which he collected in his memoirs. He also published a book in 1920 \u201cThe Adventures of Dunsterforce\u201d, less than 2 years after the military operation had ended. General Dunsterville gives an insight into how the Armenian-Assyrian community leaders misled their own people with hypothetical revolutionary ideas which seems to be the exact pattern followed by the same committees even after a century. But most striking of all is the Commander General\u2019s less than flattering comments about the attitudes of the Armenian & Assyrian committee leaders, which he thought was entirely theatrical as in \u201cAlice in Wonderland\u201d. According to General Dunsterville, these young adventurist dictators did not only intentionally push civilians closer to conflict but in the face of armed conflict, they were unwilling to stay and defend & often deserted or never showed up risking the lives of the non- combatants and jeopardised the safety of the Dunsterforce troops. Major General L. Dunsterville\u2019s Diary Notes; 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 24/143 August 10th 1918; When one arrives in a new town, one is deluged with interviews that tire one to death. Yesterday had M. Hunin, head of customs. Khachikov and Senizavin, controlling the Caspian fleet, Gendre, the Social Revolutionary, Dr. Araratiantz, head of the Armenian National Council, Mr. Ogamiantz, Soc. Rev. Alkhari \u2013 Bicherakov\u2019s man; great schemes are propounded, but each is playing for his own hand. To-day have already had heaps of time-wasters, mostly Russian and British refugees trying to get a job \u2013 (that is, money) out of me. Baku still holds up and hope Bob will pull through, but my reinforcements are small & time flies.\u201d August 27th ; Arrived in Baku 3.30 p.m. Bob came on board to report am sorry that during my absence the Turks have made a successful attack on our very weak right and have captured the Mud volcano \u2013 our losses being 3 officers and 70 men of the N. Staffords killed, and 11 officers and 35 men wounded. The attack was a very determined one and had Baku troops been there I\u2019m afraid Baku would have been taken. The odds were 4 to one and we had no artillery support and the Armenian infantry sent to support refused to go. As it is, the risk of the town being taken is so great that dare not keep this Diary by me any more, so have decided to send it by post to Mc.Murray at Hamadan. Pencilled note: \u201cThe book was sent and had to keep further records in a separate notebook. \u201cEnd of War Diary B, Begin C.\u201d September 1st; Well Baku still holds out though truly it is just a prolonged miracle \u2013 there is no order or discipline in the town, the 5 Dictators Yermakov, Lemlin, Verluntz and 2 others are as weak as water, they are all young, about 25 to 30 and do not believe in councils without grey-beards. There is no order, discipline or organisation among the troops. They retire whenever the enemy attack, and my troops are annihilated owing to failure of support told some Armenian troops to occupy a position already prepared and they entrenched because the enemy were about to attack it. They refused to go, because the enemy were about to attack it. Alice in Wonderland again. Yesterday a regiment was ordered to the front. They held a meeting to decide whether to go or not. The votes were 30% for and 70% against. The 30% were real stout fellows, and opened fire on the 70% to punish them or compel them to go. The bullets whizzed near one of our armoured cars who telephone to the Commander: \u201cIf they don\u2019t stop shall open fire on the lot of them.\u201d The Commander replied \u201cPlease do!\u201d \u2026The Commander in Chief, General Dokuchaev, is a good fellow, not strong, and in a most difficult position. His Chief of the Staff Avelisov (Armenian) is weak, ill, and useless have asked them to kick him out and put in Stokes instead. The next Staff Officer, Van der Fless is not bright. The Minister of War, Bogratuni, Armenian, has just had his leg amputated. He is clever but not a forceful character. \u2026So called a meeting in the Hotel d\u2019Europe, of the Dictators, the Fleet, the Army, and the Armenian National Council and exploded on them the following bomb:- \u201cIt is time to come to some final decision regarding the fate of Baku. Surmises and hopes must be placed on one side and only facts considered. The facts are as follows:- My troops alone fight, they are only 900 and no more reinforcements are coming. The Turks are in every attack victorious and can enter the town whenever they have the pluck to come straight in. The town troops go from bad to worse was present at a War Council last night when the General\u2019s plans were overridden by a common sailor. Plans of that sort are valueless was present this morning at the front when Binagardi Hill was taken. At the moment when a small counter-attack could have retaken the Hill found the entire citizen army loafing back into Baku with their hands in their pockets and their backs to the enemy then again visited the C-in-C. and discussed his future plans have since thought the matter quietly over and my final advice to you is this: Why study the map and discuss the value of positions when you know from experience that your troops, when ordered to attack, invariably retire? That being the case, why needlessly prolong the agony and risk the lives of all your noncombatants will no longer throw away in vain the lives of my brave soldiers am about to withdraw my troops entirely and leave Baku to its fate will go to Krasnovodsk and start a fresh and more useful movement in Turkestan will hold on till to-morrow to give you a chance of negotiations. Send at once a flag of truce to surrender the town to the enemy and suggest the following terms (but strengthen your line first with every available man); If you will give us 48 hours to remove all our women and children and our forces from Baku we will surrender the town to you intact. If you refuse we will fight to the bitter end. Your losses will be heavy and we shall destroy all the electric power stations and the irreplaceable machinery that pumps the oil to Batoum and which is the only thing that makes the town worth capturing \u2013 you want the oil for the railways and for the Black Sea fleet \u2013 and you will be foiled in that attempt and your efforts will have been in vain.\u201d September 2nd lull \u2013 these stupid Turks \u2013 why don\u2019t they take the town suppose it is just because they fear the destruction of that machinery which would render their victory barren.\u201d September 12th woman was shot by her lover on the next wharf at lunch time and her screams were dreadful \u2013 it was regarded as an ordinary occurrence. These wicked Armenians never cease their Mahomedan atrocities. Last night they raided a Tartar house and when Russian soldiers went to restore order, the Captain\u2019s son was shot and the ship is in mourning to-day \u2013 No shelling yesterday nasty lull. After many interviews met, in the evening, for the first time, a representative of the Daghestani-Mahomedans, who put the Daghestani point of view very clearly before me. We have restored order in the Arsenal and have the ammunition supply well in hand. Machine guns and Artillery also \u2013 the present supply can be made to last 6 months. September 15th am always on the move on Sundays. Here we are, on the Kruger, steaming back to Enzeli with the remnant of the brave 39th Brigade. At last the crisis, so long waited for, has come and gone, and God has been good to us. The final assault of the Turks began at 4 a.m. yesterday, by 11 a.m. they were holding the heights above the town and soon after were driving in our right. Our troops, the Staffords, Warwicks and Worcesters, fought magnificently and their 800 rifles coupled with our artillery and the local artillery under our control \u2013 about 40 guns \u2013 bore the whole brunt of the battle against, perhaps, 7000 Turks \u2013 the armoured cars too, did splendid work. At 4 p.m learnt that the Baku troops were, as usual, retiring, instead of fighting, and leaving my troops exposed. Bicherakov\u2019s men and his artillery did splendidly \u2013 the Armenians were no use. I, accordingly, sent Bray with a note to the Dictators informing them that now the situation was definitely lost proposed to take my troops on board as soon as it was dark and sail for Enzeli. He found the Dictators in a state of bewilderment and they practically said \u201cDo what you please.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 25/143 ( content/uploads/2012/11/dunsterforce-armenian-assyrian-treachery.jpg) The Adventures of by Major General Lionel Dunsterville \u2013 Printed 1920 / London 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 26/143 p.46 \u2026There were people over there who were undoubtedly looking forward to our arrival the Armenians especially and surely they would be sending emissaries to suggest some plan and help us through. But the hours passed by and there were no signs of any such helpers, and it was obviously useless to hope for anything from this source. My later experience has taught me that these people are glad enough to ask for help, but having asked they sit with folded hands, and when help arrives they welcome you warmly and say, \u201d Now we give you a free hand, just carry on and we will sit and watch how well you do it ! \u201d This is exactly what happened when we eventually reached Baku about six months later. p.231 The local troops, who were for the most part Armenians, dug very little in the way of trenches, and when urged to do so replied, \u201d Why should we dig ourselves in ? We do not want to dig ; cowards do that ; we want to fight ! \u201d They liked to line up in a row just behind the edge of the steep cliff and fire off their rifles at the sky ; they frequently did this when there was no sign of a Turkish attack and when the nearest Turk would be behind cover about 3,000 yards away. Although we were in full view of the enemy\u2019s lines throughout the tour of inspection, the Turks never fired a single shot at my party on this day, which shows that they had more sensible ideas on the subject of controlling ammunition expenditure than our local troops had. p.253 We were now getting things into excellent order. The Armenian troops were really drilling rather well in the town, though reluctant as ever to take their proper share of duty in the trenches. p.257 While going round the position the following day with Colonel Aratunov (Armenian was much struck with the general improvement in the town troops. If we had only had time we would in the end have made quite good stuff out of them. Ammunition, both artillery and small arms, was still being frequently wasted despite the urgent need for economy, and drew the attention of an Armenian Colonel, who was commanding the right sector, to his artillery which was firing apparently at nothing. He replied, \u201d Yes, they are not firing at anything, but the men in the trenches like to hear the sound of their guns now and then, and if don\u2019t fire them off occasionally they will not stay in the trenches.\u201d p.261 The Armenian leaders in the town were really making great efforts to get their men up to the scratch, and it is no fault of theirs that their efforts met with no great success. There were many fine men among them, such as Colonel Amazasp and Colonel Aratunov. The charge of treachery brought against the Baku Armenians cannot be substantiated. Individual Armenians may have had tendencies to betray both us and the town, but had no evidence to prove even this. It must be remembered that Shaumian, the leader of the Bolsheviks, was himself an Armenian, and he was certainly against us\u2014not as an Armenian, but as a Bolshevik may close these remarks on the Baku Armenians by stating that while heroism was rare among the men, there were certainly remarkable instances of bravery, and the Armenian women in the firing line were nothing less than heroines. The lack of fighting spirit on the part of the men as a whole has already been explained ; it was based not purely on cowardice, but also on an utter inability to understand anything about warfare. On one occasion the Turks emerged from their position in broad daylight, moving across the open desert of the railway valley, seemingly with the intention of assaulting a certain portion of our line. One of my officers in charge of an Armenian battalion urged the men to move forward and man the trenches to meet the attack. The troops refused to move, and their spokesman exclaimed, \u201d What, go up there ? Why that\u2019s just where the Turks are coming ! p.269 There are many brands of revolutionaries in Russia at the present time who disagree on many points, but all unite in asserting the freedom, equality and brotherhood of man. It is this freedom and equality that puts a stop to all enterprise, each man saying, \u201d I\u2019m not going to do it, if the other fellow doesn\u2019t\u201d ; so nobody does anything. p.276 found the Commander-in-Chief seated at the central table with maps spread before him, and he offered me a seat at his side. The entire room was filled with the members of the various committees. The Armenian National Council was there in full force, the five Dictators, Workmen\u2019s Delegates, Soldiers\u2019 and Sailors\u2019 Delegates, and Peasant Deputies. It did not appear likely that a Council of War held on these lines was going to achieve anything useful. p.278 (Sep 1st 1918 accordingly sent a message round to the Dictators and the various committees asking them to meet me in the Hotel d\u2019Europe at 4 p.m., when would have a very important communication to make to them. At the hour named the various committees had assembled and addressed them as follows : \u201cWhat have to say can be said in a very few words. No power on earth can save Baku from the Turks. To continue the defence means only to defer the evil moment and to cause further needless loss of life. Up till now my men have done all the fighting. In each action, in spite of the bravery of my soldiers, the Turks have succeeded in capturing each position, owing to the lack of support from local troops. p.281 When returned to the hotel found the various committees all passing resolutions as fast as they could begged of them to cease the resolutions and take some action, and again left them. In another hour returned and found a sailor just putting the fourteenth resolution to the vote. After that it appeared certain that no action would be taken that day. Under such conditions could not, in fairness to the town, carry out the immediate withdrawal of my troops, and they remained in their position sent, however, a warning note to the Dictators, to which received this reply : p.287 \u2026(commenting on the reply letter sent by the Armenian dictators) Judged purely on its merits as a literary effort this letter could hardly be improved on, but judged from the standpoint of facts its merits are entirely lacking. The narrative up to this point will enable the reader to see for himself the fallacies on which most of the arguments are based, but will single out the most important ones. The statement of their basing their expectation of more substantial aid on the grounds of my pronouncements is entirely refuted by my letter to Dr. Araratiantz in Chapter XH. As to the Dictators not desiring to command my troops, the truth of the matter is that although they had appointed a Commander-in-Chief, they interfered in all military matters, even going to the length of issuing orders direct to the town troops and sending indents for ammunition required at certain points direct to the arsenal. Finally, the statement to the effect that the Baku (Armenian) army was prepared to lay down its life was as far from the truth as any statement is capable of being. Had the Baku army been inspired by any such feeling, the defence of the town would have been easy, and we could have driven the Turks back to Tiflis. But have already given a few examples, out of the many that occurred daily, showing that to \u201d lay down its life \u201d was just exactly what the Baku army was unanimously determined not to do.\u201d Diamadis is not only distorting historical facts but he\u2019s also exploiting & deliberately reigniting ethnic tensions in front of a prejudiced audience who are more than happy to hear the one sided baseless allegations. Just like his mentor Prof. Colin Tatz, Panayiotis Diamadis claims to be an \u201cAuthority\u201d on the issue & without having provided a single piece of evidence with credibility which slightly implies the Turks had genocidal intent, he structures all atrocity stories to justify his telltales. This in then distributed to opportunistic politicians, who more or less use the same narrative to exploit for political reasons or to relieve themselves which otherwise they would not be able to do, manifesting in aversive racist behaviour. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 27/143 (Submitted Sep 2010) Panayiotis Diamadis\u2019s submission to the Centenary Advisory Board on behalf of the Hellenic Council of Australia. Not only lying to ethnic audiences but also lying to the Australian Public & Government for financial gains by proposing to mint commemorative Hellas coins to honour conflict and to glorify wars with imperialist \u2013 colonialist aims? According to Diamadis here, the Dunsterforce\u2019s mission is \u201cthe organisation & training of Armenian, Assyrian and other irregular troops in the Caucasus in an effort to deny it to the Turks\u201d. Ironically, the missions efforts & the Turkish intentions here completely contradict Diamadis\u2019s often repeated telltales which are intended to trigger ultra nationalist reactions among prejudiced & Islamaphobic members of the ethnic Greek, Armenian & other Christian communities in Australia \u2018trail\u2019 tourism in Greece proposed by the Australian Hellenic Council (NSW) Director of Media and Policy Research, Dr Panayiotis Diamadis, titled \u2018Promoting Heritage in Hellas\u2019. The subject of the presentation was the necessity of the development of Trails\u2019 throughout Hellas. Feb 2012, read more\u2026 ( Our character is what we do when we think no one is looking\u201d H. Jackson Brown Jr. ( content/uploads/2013/03/mr-john-alexander-armenian-greek-lobby-australia.png) In December 2009 Mr. John Alexander won Liberal preselection for the seat of Bennelong, which was held for 33 years by former Prime Minister John Howard until he lost it to Maxine McKew in November 2007. During the 2010 federal elections, the Armenian lobby overthrew Maxine McKew ( for not being forceful enough to advance their political cause, replacing her with John Alexander, who is now doing a relatively better job as expected of him. In the above speech John Alexander, is seen mimicking the script of the Australian Hellenic Council\u2019s Panayiotis Diamadis, full of factual errors, not out of any interest in historical facts, but due to conflict of interest -being a politician in a district with the highest Armenian voters. The notion that 20 countries and 42 state parliaments (politicians) recognized the so called genocide as bona-fide historical event, is hypocritical & deceitful & has no legally binding significance (although Armenian & Greek propagandists would like everyone to think otherwise in order to gain more support, that though it is a moral reason). No world parliament has yet recognized (meddled in), Australia\u2019s systematically & deliberately perpetrated crimes, committed against the Aboriginals for more than 2 centuries. The Rudd Government acknowledged the existence of such policies Kevin Rudd offered a confined \u201cSorry\u201d, for past state conducted criminal acts, for only the \u201ccollateral\u201d White abuse of Aboriginal children, not for the Aboriginal genocide which Australia does not talk about. In this way of thinking, such criminal acts as part of the Colonial policies of consecutive Australian governments never 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 28/143 happened, because other countries are yet to comdemn Australia. If only John Alexander & alike were able confront their own reasons, on its own merits for taking up the matter, since they are not academics nor historians e.g. Alexander a former Australian tennis player & politician with constituency concerns above anything else, this alone underlines the credibility of the politicians exploiting the open ended process, having no moral ground to stand on in such a debate. ( trusted.jpg) The latest (2013) Roy Morgan ( \u201cImage of Professions\u201d survey asked respondents to rate or score people in various occupations for honesty and ethical standards, State & Federal MP\u2019s ranked (not surprisingly) among the least trusted. Legal definition of genocide; Genocide is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (1948) as \u201cany of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group.\u201d The fallacy & hypocrisy in John Alexander\u2019s statement i.e., if the Turks had indeed clung onto hatred or used their past agonies inflicted upon them by the Armenians, Russians, French, British and the ANZAC\u2019s in Gallipoli & later in Palestine & entire Middle East, where in Gallipoli alone 86 000 Turks were left for dead & possibly more than 200 000 wounded, common sense suggests that, in effect Australians could not have been commemorating their national day on Turkish soil on the Gallipoli Peace Park every year on the 25th of April, unless John Alexander somehow thinks that Muslim Turks bleed differently than Armenians & Australians due to his Christian upbringing. If we reconstruct the scenario i.e the Anglo-Saxon Australians who invaded Turkey from far away lands (as part of the British war efforts) are heroes on the 25th of April 1915, the Armenians who took up arms & joined the Russian invaders & the British, commemorate the 24th April 1915 as victims, and yet the Turks who defended their soil are left to play the devil. It defies logic. Australia turns out to be a sensational place, albeit one of the most comfortably racist places I\u2019ve ever been in. They\u2019ve really settled into their intolerance like an old resentful slipper. You can say what you like about Australian racism; it is undeniably specific.\u201d John Oliver ( show-presenter-20130416-2hxg5.html) from \u201cThe Daily Show\u201d, the most trusted program & its host Jon Stewart ( the most trusted & influential man in America magazine poll). 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 29/143 ( content/uploads/2013/03/john-alexander-racist-greek-armenian-lobby-nsw.png) Surprised with John Alexander\u2019s sudden interest in the history of the Armenians & Greeks? Alexander pledging recognition (whatever value or meaning this has?) to the hysterically paranoid Turkophobic Hellenic Council & Armenian lobbyist Meguerditchian, with the Greek & Armenian lobby by his side. (Left to right, John Petropoulos, George Vellis, John Alexander, Varant Meguerditchian). Alexander mentions the hospitality he received from the Turks 40 years ago, but says, friendship is different \u2013 business is different, failing to mention in the parliament he had been visited by the several times in the past few months. In between his lines, Alexander models himself as an Australian with moral values who has respect for other cultures, ironically adding \u201cancient hatred is un-Australian\u201d, registering himself on the lobby \u2018advocate\u2018 list . Pity all. The Armenians were very well treated for hundreds of years by the Turks, until Russia, in the first place, started using them as pawns for purely political purposes; they exploited them as Christians, solely as pawns.\u201d [Lieutenant Colonel T. Williams (Labour Party M.P.), Parliamentary Debates (Commons), London 25.ii.1924, vol. 170 permanent exhibition of the historical material left behind by the \u201ccream of the cream\u201d Dunsterforce soldiers might embarass Diamadis & John Alexander, for the following reasons\u2026 Lieutenant General Sir Stanley George Savige (1890\u20131954), Captain Savige (one of the eyewitnesses in Diamadis\u2019s submission to the Centenary Commission) was an Australian Army soldier & officer who served in World War & World War II, rising to the rank of lieutenant general. During 1918 Captain Savige served with the Dunsterforce & wrote of his adventures in a book called Stalky\u2019s Forlorn Hope in 1919. He is credited for, with only 20 or so officers of the Dunsterforce, escorting Armenian & Assyrian refugees from Persia (current day Iran) to near Baghdad. These were Armenian & Assyrian refugees who had at most times instigated inter-communal ethnic conflicts & therefore were in fear of becoming victims of retaliation, and thus relied upon the British to take them to safety. On his journey southwards, Captain Savige personally witnesses town after town, the defenceless Persian (Muslim) population who had been butchered and slaughtered by the well armed Armenians and Assyrians, where not a single soul had survived this savagery. In his writing, he shows some signs of sorrow for the Persian Muslims but nevertheless he could not help them, [sic] simply because they happened to be Mohammedans\u201d (enemy Muslims). In his own words; \u201cOf the seventy thousand refugees that left Urmiah, we were successful in saving about 60,000 to 65,000, conveying them in stages to the fertile flats of the Diala River, north of Baghdad, by providing trains of mules and camels for those too weak to walk, and supplying food for them during their long journey to this place of safety\u201d. Not a single mention of him personally witnessing the outrages supposedly committed by the Turks (in fact ethnically Turkic but Persian subjects (Turkomans) & Kurds against the Armenian and Assyrian refugees, which he brought to safety with only 20 officers. Urmiah has been Persian (Iranian) territory since 1639 A.D. Considering his remarks (below) about the Armenian & Assyrian men with arms & plenty of ammunition deserting in the face of attacks by local bandits, had there been a formidable army or even an organized attack on his convoy, it would have been unthinkable that the majority could have survived. Nevertheless he does make assumptions about the Turkish, Kurdish, German savagery which defies logic when his \u201cStalky\u2019s Forlorn Hope\u201d is read in full. STALKY\u2019s by Captain Savige, published 1919 (excerpts); 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 30/143 Chapter 36 \u2013 About half an hour after dawn we moved out of camp to Agha Petros\u2019 headquarters, in order to pick up the chief with his band of irregulars, but on arrival there we were informed that they would join the party along the road on the further side of the town. We, however, secured one of Agha Petros\u2019 followers, who was to act as interpreter, and another as guide to the mules, who were to follow on behind. We then moved out on to the high road, along which the people were still streaming on to Sain Kala. The first village we reached was a picture of chaos, owing to the streets being so narrow, and the crowd of refugees so great that progress was almost impossible. All the places of business in the town were closed and the Persian people, having escaped to the top storeys of their buildings, were looking out of the windows, fearful of their own lives, for the Armenians and the Assyrians were carrying out a systematic raid on the bazaars and streets. Seeing that this would lead to more trouble, we endeavoured to put a stop to the thieving on the part of the refugees. While we were doing this the Governor of the Village, who heard of our presence in the place, came along and, in a great state of excitement, related to us the ill-treatment meted out to his people by the refugees. We obtained from him a messenger to return to the camp with a message stating the situation and asking for some of the cavalry to be sent out along the road to act as police and protect the Persians and their property. This calmed his fears and, on returning to his house, we rode on once more. As we got out into the more open spaces of the valley, the road could be seen for some miles ahead. The people were streaming along in thousands, and hailed us on our approach as their deliverers. The men would shout in tones of great joy, \u201cThe English! The English!\u201d and fired their rifles in the air and shouted loud hurrahs. The unfortunate women folk were so overcome at the sight of the first party of British that they wept aloud. Striking their breasts they would call, down upon us the blessings of God and rush across and kiss our hands and boots in very joy at the sight of their first deliverance from the cruel raids of the Turks. We knew that the main body of Turks, to the south of the lake, had a force of two hundred and fifty Turks and an irregular force of two hundred and fifty Kurds at a town called Miandab to the north of our road, who had not been engaged in the fight between the Christians and Turks, when the former broke through to us. Thus we were particularly anxious to get behind the people, before this strong force received news of their plight, and came down in force upon the unfortunate column. Seeing that there was no likelihood of obtaining the promised hundred men, owing to the fact that the whole force had disbanded on seeing the people coming down, we resolved to push on without any loss of time and do what we could with whatever forces Doctor Shed commanded in his endeavour to form the rearguard. The havoc wrought by the raiders on the column was becoming more evident the further we travelled, as time and time again one of us dismounted in order to bind up the wounds of some unfortunate woman, who was struggling along as best she could. Another thing was most noticeable, and that was the destruction of property and crops in the towns along the route, caused by the Armenians and the Assyrians. We passed villages in which there was not a single living Persian, but lying in the streets were the bodies of the murdered inhabitants. Houses and household utensils were wantonly destroyed, and the crops, which had been harvested and stacked on the outskirts, were all set afire by the Christians, in retaliation for what they had endured at the hands of the Turks. It was hard for the Persian villages to be thus treated, simply because they happened to be Mohammedans. One very soon saw that the Mohammedan is not the only fanatic in the world, for the acts of these Christians were the outcome of pure fanaticism. Bad as the conduct of these Christians was one has to bear in mind their awful treatment at the hands of the Turks and Germans during the war. Still two wrongs do not make a right, and later on we had to adopt very strict measures to put a stop to this destruction. \u2026He had with him twenty-four men who he had persuaded to form his rear guard. On reaching them they were resting on top of a ridge on the lookout for the next rush on the part of the raiders. He told us that he had been fighting continuously for the last five days in his endeavour to save the people. We asked him how it was that so few of the Christians rallied around him, as it appeared to us that, if he had a strong force, the raiders could no doubt be kept at a safe distance. He answered with a shrug of his shoulders, saying, \u201cWhat can one do, seeing that self-preservation seems to be the motto of most of the men.\u201d We had seen this on the road, as in nearly every instance the men rode their horses, carrying at least one rifle over their shoulders, with a plentiful supply of ammunition around their waists, while the unfortunate women folk tramped on as best they could. Every endeavour on our part to get the men to return with us to the rear of the column met with no response on their part. From this rise we could see that the country further ahead was much more broken than that we had passed, so decided to push on and get in contact with some of the raiders. By hiding our forces in the rough country and opening fire with our machine guns, we might lead them to believe that a strong force of British troops were now protecting the people, hoping that we would impress them that the raiding would immediately cease. About a mile further on we passed through a village, wrecked by the refugees, without seeing a single inhabitant, beyond the bodies of those who had been butchered in the streets. Chapter 38 \u2026They chose the former, so we rode forward at full gallop, firing our rifles in the air and yelling at the top of our voices, hoping that the confusion we wrought amongst the people would mislead the Turks, and make them think that, instead of fourteen people charging them, there were about three times the number. This little bit of bluff had the desired effect of halting the oncoming Turks and Kurds, who galloped back to the ridge some few hundred yards to their rear. As we were falling back we saw hundreds of men amongst the refugees who, in every case, were armed, many with two rifles and supplies of ammunition in two or three belts round their waists, but, despite all our endeavours to induce them to join our ranks to stop the enemy\u2019s rush, we met with no response, and in many cases after a blank refusal, the worthy Christian drove his spurs into his mount and galloped along the road towards safety, leaving his women folk to the tender mercies of the Mohammedans or our ability to protect them. Chapter 43 \u2026Owing to the huge consumption of food by this big crowd of people, and the limited quantity available in the district, it was imperative that those able to walk should be pushed on to Hamadan. In the first place the people were told of this, and those fit to move were asked to leave the town as soon as possible for the sake of those who were still too weak to walk. This appeal met with no response. An example of the selfishness of the Armenians and the Assyrians was brought to light on the very day of our appeal. Two able-bodied Armenians went to our paymaster and asked him to take over their money, amounting to nearly two thousand pounds, and give them a draft, payable by the paymaster at Hamadan. On hearing this asked these people when they intended to get a move on, and to cease drawing the rations so urgently required for others.fl 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 31/143 \u2026They apparently did not see the force of my argument, and one, who spoke English fluently, turned to me with a smile and in the oiliest manner imaginable assured me he was without the means of moving on. When asked what he intended doing, he replied, \u201cOh well, sir, we can do nothing until you provide us with camels or mules to undertake the journey then asked him if he would like a motor car and, without seeing the irony of my question, he said, \u201cThat would do splendidly! People always say that the English are the best people on earth, and this kind of offer on your part, sir, proves them to be no idle words.\u201d By this time had had enough of these people, and quietly informed him that if he, with his family and whole outfit were not on the road before dawn next morning would cut off their supply of rations. He said, \u201cSurely you are joking, sir, for are not the English Christians like we ourselves are? And by forcing me to walk you would be imitating the Turks.\u201d \u2026In as few words as possible told him that knew all about his little transaction with our paymaster and if he walked or starved on the track, it would be no concern of mine should not be troubled in the slightest as, in my opinion, a man who had as much money as he had and malingered on British generosity at the cost of his poorer countrymen, deserved to die the most horrible death imaginable. If saw him or his friend on my next visit to the camp would have much pleasure in kicking them both out. Next morning he was still there, and came up to me, as large as life, inquiring after my health assured him that was just strong enough to kick him every step of the fifty yards that led to the road, and quickly proved the statement by performing the act. If ever a man got a full dose of kicking, this fellow got his, with a margin to spare! \u2026The havoc wrought by the Christians along the route which we had taken was simply devastating and, there being so few of us, we had no chance of disarming the men. Hamadan was informed of their playful tricks and advised to disarm them before they reached that city detachment with a couple of machine guns occupied a pass a few miles north of Hamadan and, as the refugees came down, disarmed them one and all, much to their indignation, before leading them to the camping ground prepared for them on the outskirts of the city. \u2026The Armenians and Russians gathered their forces, and a portion of line was allotted to them, with patrols established well ahead by members of the famous Locker-Lamson armoured car force, which was now attached to the Dunsterforce party. The Turks attacked in overwhelming numbers at frequent intervals, and were defeated on every occasion by the Britishers in the trenches. The anticipated help on the part of the Armenians soon resolved itself into a delusion for, early in the fighting, it was seen that these worthy allies of ours would desert their trenches on every occasion when the Turks attacked. \u2014\u2014\u2014-ooooo\u2014\u2014\u2014\u2013 Mark L. Bristol (excerpts from Bristol Letters 28 Mar 1921) Rear Admiral, U.S. Navy On Board At Sea. En route from Island of Rhodes to Constantinople, Turkey. While the Dashnaks were in power they did everything in the world to keep the pot boiling by attacking Kurds, Turks and Tartars; by committing outrages against the Moslems; by giving no representation whatever to the Molokans which are a large factor in the population of the Caucasus Armenia; by massacring the Moslems; and robbing and destroying their homes; and finally by starting an attack against the Turks which resulted in a counter attack by the Turks, and then the Armenians deserted and ran away and even would not stand and defend their women and children. The acts of the Armenian army at Kars absolutely disgusted our Americans, including Yarrow. During the last two years the Armenians in Russian Caucasus have shown no ability to govern themselves and especially no ability to govern or handle other races under their power.\u201d ( content/uploads/2012/11/assyrian-irregulars-dunsterforce.jpg) 1918. Assyrian refugees turned irregulars, in British military uniform. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 32/143 ( genocide-panayiotis-diamadis1.jpg) \u201cOur Smallest Ally : a brief account of the Assyrian nation in the Great War\u201d, by Rev. W.A. Wigram, D.D. Introduction by Brigadier General H.H. Austin refugee camp Baqubah \u2013 Baghdad 1918-1919. Published; London, Society for Promoting Christian Knowledge; New York, The Macmillan Company, 1920. Commander General Austin portrays the Assyrian refugees (people in need of protection) as a war asset to the British war efforts in that region. He boasts about how these civilians were converted from ordinary refugees into a sturdy militia exploited for military purposes. Commander Gen. AUSTIN, in his own book, \u201cThe Baqubah Refugee Camp\u201d published in 1920 by The Faith Press \u2013 London (Chap VI) says, the Assyrians who had not taken up arms against the Turks were going about with their daily lives in a war zone, whereby the women were openly wearing their jewellery without fear, Chapter VI; \u201cArab thieves were not given much opportunity of depriving me of these interesting mementoes of Baqubah Camp; for a few days after they were carefully packed and despatched to my wife in England, whom they reached safely before arrived in the old country myself some two and a half months later. Since my return to England have not infrequently seen moving references in the press to, and appeals on behalf of, the Chaldeans, who it is asserted\u2013 presumably by Roman Catholics or others not accurately informed\u2013suffered terribly in the late war for having thrown in their lot with the Entente and fought against the Turks. It may not be out of place, therefore, to point out that there were exceedingly few Roman Catholic Assyrians or \u201cChaldeans\u201d as they are generally termed when they embrace Rome, amongst the refugees at Baqubah. The very large majority of the Roman Catholic Assyrians in the Mosul vilayet did not join the mountaineers and fight against the Turks and in consequence were permitted by the Turks continue to dwell practically unmolested in their homes about Mosul. So much was this the case that, after the occupation of Mosul by British troops in November 1918, an American missionary who proceeded from Baqubah to investigate the condition of the Christians in the villages north of Mosul, on his return informed me that they were living and moving about the country as though no war had been on at all; and that the women were openly 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 33/143 wearing all their jewellery upon their persons. This certainly would not have been the case had they been accustomed to molestation at hand of Turk or Kurd. Moreover during the operations against the Turks, a very daring mountaineer Assyrian, with a few companions, made his gray through nearly to Mosul from Urumieh\u2013hiding by day and penetrating Turkish and Kurdish lines under cover of darkness. He related all his thrilling adventures to me personally at Baqubah, where he turned up months after the bulk of the refugees, by whom he had been given up as dead, since he had d not accompanied the others in their flight from Urumieh. In his story he complained bitterly of the hostile attitude shown to him by the Chaldeans, though they were of his own race by flesh and blood. They were then dwelling in comparative safety, having submitted to the Turks; but they vehemently declined to help him and his companions by sheltering them in their monasteries or villages; and drove them forth, on the plea that if the Turks came to learn that they had had any dealings with the mountaineers, their homes and churches would be burnt, and they themselves killed. Consequently, back these brave men were compelled to retrace their footsteps; and after months of the most exciting adventures, and utterly worn out by fatigue and hardships of every description, they finally, gained safety by reaching a British post about Zinjan. So much for the part played by the Chaldeans About Mosul in the war; and could mention other stories depicting the unfriendly attitude of Assyrians proselytised by Roman Catholics towards their Nestorian brethren of the mountains am all for giving full credit where credit is due; but when, emissaries of the Chaldeans, and their supporters in this country, endeavour to derive chief credit for the valiant opposition offered to Turks and Kurds by the Assyrians during the late war, it is only just that the real facts of the case should be made perfectly clear C.P.3123, CAB/24/126 Ref:0023 Report on and JERUSALEM. March 12th to 30th, 1921 / Printed June 1921 p.6 The High Commissioner for Mesopotamia had already warned all the Assyrian refugees that no funds would be available for their maintenance during the financial year 1921-22, and that on the 1st April steps would be taken to close\u2019 down the refugee camps. The Assyrians fell under two categories : Urumians and mountaineers. The Urumians were those who had had already one chance of repatriation but had turned back owing to severe winter conditions. The Conference understood that there was no real prospect of these refugees being received either by the United States of America or in the French zone in Syria. They could not be absorbed into the local population of Mesopotamia, and no destination suggested itself to which they could be shipped. The Conference considered that there was no alternative but to give them some arms for their protection, and to turn them out to make their way back if they could to their own country small number might possibly be assisted by American charity, and some might enlist in the new levies.\u201d ( assyrians-iraq.jpg) The British Betrayal of the Assyrians \u2013 Published by the Joint Action of The Assyrian National Federation & The Assyrian National League of America. Printed 1935. Introduction by the author of (above) \u201cOur Smallest Ally brief account of the Assyrian nation in the Great War\u201d Recent Developments in Recognition of The Assyrian Genocide by Governments and Scholars Publication, Volume 35, Number 2 \u2013 2011 of AMERICA; 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 34/143 \u201cAssyrian organizations need to do a better job of organizing events focused on the history of the Assyrians and their relations with other populations. On many occasions in past years have heard Assyrian-Americans complain about the quality of the academic and cultural programming at Assyrian- American events such as conferences. Some have argued that the Assyrian Youth Federation in Sweden and the Assyrian Chaldean Syriac Student Union of Canada put on workshops and talks of a consistently higher quality than Assyrian-American organizations. Assyrians should also be careful not to exaggerate the impact of real events. For example, it has become common to claim on Web sites that 750,000 Assyrians died in 1915, or in World War I, or some similar time frame. Yet no sources are provided for this figure, and it appears to contradict most of what is known about the relative size of Assyrian populations in Persia and the Ottoman Empire in the first part of the twentieth century. It makes Assyrian genocide recognition look ridiculous to say that 750,000 Assyrians died when it is well-known and easy to find sources stating that the number of Nestorians in the 19th century Ottoman Empire was 70,000 to 100,000, Joseph Tfinkjdi estimated that there were 100,000 Chaldeans, and the Assyro-Chaldean delegation to Paris Peace conference put the entire Assyro-Chaldean population in 1914 at less than 600,000. Regardless of what some ambassador or even dozens of Turkish books say they do less damage than totally implausible statistics. Perhaps if one includes all the children that would have been born to those who died during this period, the number might reach 750,000, but that needs to be clarified so readers do not dismiss wild claims as the result of biased analysis.\u201d Hannibal Travis is an Assyrian American Associate Professor of Law at Florida International University College of Law. \u2014\u2014\u2014\u2014\u2014\u2014\u2014- ( content/uploads/2013/03/pseudo-assyrian-monument-fairfield-hermiz-shahen.jpg) According to Deputy Secretary General of the Assyrian Universal Alliance, Hermiz Shahen; \u201cThe monument is dedicated to the 750,000 Assyrians that were killed by Turks in World War One, between 1915 and 1918, as well as Assyrian martyrs from other periods.\u201d \u2013 The monument erected to 750 000 Assyrians killed by the Turks? \u2013 although there is not a single credible archival document that puts the number of Assyrians living in Turkey more than 100 000 and in fact even less. Taking into consideration the above credible testimonies (which these are just a few), that conclusively prove Mr. Shahen\u2019s allegations to be outright lies, how does Mr. Shahen differ from the criminals who vandalized the monument (however wrong its erection may be) in Aug. 2010 with a Turkish flag? Since it does not reflect the truth and does not bring the two communities closer but separates them. What message does this send to the wider multicultural community if everyone goes about erecting their own monument based on past ethnic hatreds? It sets a dangerous precedent & vilifies the Muslim & Turkish communities. The Turk has been and is the most misrepresented person in the world know some of the falsehoods which have been and are being circulated in America. They amaze me.\u201d [Rear Admiral Colby M. Chester, \u201cTurkey Reinterpreted,\u201d The New York Times Current History, 1922] 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 35/143 ( content/uploads/2013/03/assyrian-pseudo-genocide-monument-fairfield.jpg) Fairfield City Council\u2019s justification? 1- To assist the Assyrian community (there is no Assyrian nation with defined borders) in order to strengthen their cultural identity at the expense of vilifying another community who are not electorates of the district as densely as the Iraqi Assyrians 2 more vocal & noisy private institute (not a court of law), sponsored just like Prof. Tatz\u2019s AIHGS, have expressed such opinion (despite the fact \u2013 that more than 150 world renown, distinguished American scholars of history, political science, pioneers of Middle Eastern studies, who don\u2019t have any financial or conflict of interest in the matter, and their independent non-funded research suggests to the contrary (click link for declaration) ( 3- Because France, Sweeden have allowed such plaques/marbles to be erected. Tragi \u2013 Comic \u2013 Unlawful- Tasteless \u2013 un-Australian \u2013 The awkwardness with the above plaques\u2019 are, Paris (left) is dedicated to 250 000 Assyrians in 1915, the marble in California (right) claims 750 000 between 1914 and 1918. So which one does Mr. Hermiz Shahen & Fairfield City Council take as fact? The false & deliberately exaggerated one in the US, although both fit within the description. This is extremely hostile to the 1000\u2019s of Turks who now call Australia home, and disrespectful against the Turkish Nation, which has given its soil where war graves are on the Gallipoli Peace Park, to the management of the Commonwealth War Graves Commission ( cemetery.aspx?cpage=1). ( content/uploads/2013/03/prof-colin-tatz-peter-balakian-armenian-lobby.jpg) The integrity of International Association of Genocide Scholars organization; 2008 guest keynote speaker of the so called Armenian Genocide Seminar \u2013 orchestrated by the Australian Institute of Holocaust & Genocide Studies. Left Director \u2013 Poet \u2013 Academic at Colgate Uni. \u2013 Armenian, Mr. Peter Balakian with Vicken Babkenian (Armenian speaker of the seminar, who is a jewellery store owner in real life, but marketed by the as a genocide expert), \u2013 (centre) Prof. Tatz, another self proclaimed Armenian-Greek-Assyrian genocide expert who has no known research on the topic but mixes up his Jewish identity & his public speaking skills with the financial support of the relevant community lobbies, (right) Directors of Australia; Abolakian, Meguerditchian in full attendance at the Shalom Institute 2008. Without an exception, %100 of the articles regarding the Turks & Turkey, which make up a considerable amount of the content of \u201cThe Armenian National Committee of Australia\u201d & its sister website \u201cArmenia\u201d managed ( (whois) by Communications Director, Haig Kayserian, are either negative stories or unstubstantiated defamatory copy/paste articles aimed at Turk bashing & hatred against the Turkish people, the pattern & frequency of this suggests nothing else. ( ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 36/143 ( content/uploads/2013/03/iags-resolution-assyrians-armenians-greeks.jpg) International Association of Genocide Scholars Resolution\u2026 Not so scholarly. The Assyrian contributor to this decree is Hannabil Travis (above), who literally begs whoever \u2013 not to use 750 000 figure because not more than 100 000 Assyrians lived under Ottoman territories before WW1. History makes it clear, however, that the legend of fanatical Muslims sweeping through the world and forcing Islam at the point of the sword upon conquered races is one of the most fantastically absurd myths that historians have over repeated.\u201d [De Lacy O\u2019Leary, Islam at the Crossroads, London, 1923, p.8] ( soghomonian-kerkyasharian-anc-lobby.jpg two Directors, (Armenian) Poet & Writer, Peter Balakian \u2013 Donna Frieze (Holocaust keynote speaker), ?, Businessman Chairman, Greg Soghomonian Community Relations Commission Chairman, Stepan Kerkyasharian, Armenian Priest \u2013 Seated top-left, Chairman of Galstaun Armenian College, Mr. Vicken Kalloghlian Parliament lecture room \u2013 2008. Fairfield is one of the most multiculturally diverse cities in Australia, with more than half of its residents having been born overseas, mostly in non- English speaking countries. According to the 2011 Australian Census Data; The majority of Fairfield residents speak a language other than English at home, the most common being Arabic, Aramaic (Assyrian), Vietnamese, Cantonese & Spanish. Fairfield, also known as little Iraq, the largest groups were born in Vietnam 7965 \u2013 %9.5 and Iraq \u2013 (Assyrians) 7837 \u2013 %9.3, reaching %19 when surrounding suburbs are included. Fairfield City Council is making its steady progress in emulating Iraq\u2019s lawlessness, or more accurately; individuals taking the law into their own hands, since, once again, genocide is a punishable crime under international law and such allegations must & can only be tried by a competent U.N. Court of Law, which Australia is also a signatory to. ( content/uploads/2013/03/fairfield-anti-muslim-racist-anti-turk-councillors.png) Fairfield City Council comprises of 12 Councillors of which 1/3 are; 1) Mr. Zaya Toma, Australian born Iraqi/Assyrian 2) Mr. George Barcha, Lebanese born Assyrian 3) Mr. Ninos Khoshaba, Iraqi born Assyrian 4) Mr. Charbel aka. Charlie Sahiba, Lebanese born Assyrian. The Councillors and Mayor were elected in September 2012 for a four-year term. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 37/143 ( content/uploads/2013/03/racist-varant-meguerditchian-assyrian-ninos-khoshaba-studying-colin-tatz.png) Connecting the dots\u2026 1) 24 Feb 2010, Assyrian Joseph Adams (far left) protesting in front of Ninos Khoshaba\u2019s electoral office, because the Parliament\u2019s motion on the so called Assyrian genocide failed to name the Ottomans (Turks) as responsible. Mr. Adams, asks \u201cwho murdered the 750 000 Assyrians\u201d although the most inflated figure puts the Assyrian population living in Turkey during WW1 at 100 000. \u201cMr. Khoshaba has betrayed the Assyrian community, Ninos Khoshaba should be ashamed of himself for hiding the truth ( advance.whereilive.com.au/news/story/mp-accused-of-betraying-assyrian-community/),\u201d says Mr. Adams. 2) Joseph Adams, now a staffer for another Iraqi born Assyrian politician, Andrew Rohan representing Liberal Party \u2013 Smithfield NSW, was sacked on Liberal Premier O\u2019Farrell\u2019s orders, after he took to Facebook with a rant against Muslims (jul 2011), including a description of the prophet Muhammad as \u201dthe first terrorist of Islam\u2019 ( 3) Varant Meguerditchian Armenian Lobby Executive Director, ( mentoring Fairfield Councillor \u2013 Assyrian Nonis Khoshaba on Assyrian claims & allegations in history with 4) Prof. Tatz\u2019s tailor made \u2013 reference book on aversive racism & Islamaphobia; \u201cWith Intent to Destroy II\u201d, among the editors are Mrs. Tatz, with contributions by P. Diamadis, Vahakn Dadrian & 4 other Armenian writers (e.g. Meher Grigorian; office employee at Health, Ara Margossian; telco lawyer who has written paid reports for the AIHGS, submitted to the etc.), who make references to the Assyrians randomly alongside the Greek & Armenian allegations. Mr. Koshaba was presented the book as a gift, a publication of Australian Institute for Holocaust & Genocide Studies, according to ANC. ( Must be purely coincidence. Mr. Meguerditchian hosting Iraqi Assyrian Liberal Party member Andrew Rohan, Joseph Adam\u2019s boss, the latter, sacked by the Premier for publishing racial & religious slurs online a month after the above show of solidarity at Willoughby. Image 7 June 2011. ( content/uploads/2013/03/colin-tatz-vahakn-dadrian-sexual-predator.jpg) Colin Tatz praises & thanks Vahakn Dadrian immensely (the once darling of the Armenian diaspora, & financier/mentor of Taner Akcam, before his dark past had surfaced, but often concealed by the diaspora), for having given him the honour of working together in his \u201cGenocide Perspectives II\u201c. Colin Tatz, as known by now, does not focus on scientific discipline in his books, but finds commonality with others who express their views more openly than himself, on the Turks & on Islam. Tatz has not bothered to scrutinize his co-writers, such as Dadrian who has not worked from a university base since 1991, known by many, this should have been an eye opener for the editors. Times Union April 24, 1991. excerpts.. \u201cVahakn N. Dadrian, an internationally known expert on genocide, was fired after an arbitrator found him guilty of sexual harassment and supported the school\u2019s desire to dismiss him, said Carol Harter Geneseo president.\u201c\u2026 \u201c(Dadrian) is now banned from the campus\u201d \u2026\u201dRonald Satryb, vice president for student services and staff relations, said the incident took place April 24, 1990.\u201d\u2026. \u201cSatryb said the unidentified student pulled away & alerted authorities. He said the scenario was similar to charges against Dadrian in 1981.\u201d [Dadrian should have been mourning on the 24th of April] Arbitrator Carol Wittenberg found that Dadrian had harassed a female student on April 24, 1990, the day the professor returned to the school from several international conferences on genocide. \u2026In making her decision, Wittenberg noted that another arbitrator had found Dadrian guilty of four charges of sexual harassment in 1981, but had allowed him to return to the classroom because the arbitrator believed that \u201cProfessor Dadrian had engaged in singular events that would not happen again.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 38/143 ( content/uploads/2013/03/pedophile-vahakn-dadrian-armenian-scholar.jpg) Tatz will have now learned to be more diligent in the future when choosing his fellow writers & contributors, who he owes his \u2018Genocide Perspectives\u2019 books to. As (in the academic world) it reflects badly on the integrity & commercial value of one\u2019s publications, having worked with \u201cunfit & improper scholars/characters\u201c. The State University College at Geneseo unfortunately did not act on at least 4 known complaints, made about Dadrian\u2019s unethical misconduct a decade earlier. Noone knows how many other advances the genocide scholar might have made on other vulnerable victims? But what we do know of Vahakn Dadrian (born in Istanbul, Turkey), is that he has in the past \u2013 identified himself as a native of Turkey to law enforcement officials, when caught in similar disgusting situations, as above, way back in Jan 1955 soon after arriving to America. ( dadrian-genocide-enterprise.png) Taner Akcam (left) with his mentor \u2013 academic instructor & issuer of Akcam\u2019s character reference (despite, Dadrian himself not being able to work at any university in the since 1991 \u2013 unable to pass the background check). Taner Akcam visited Australia in late Oct 2012 as the guest of honour as part of Australia\u2019s advocacy week. Akcam was paraded around & introduced to state & federal politicians, broadcasters, academics etc. as proof that, there are great Turks in the form of Akcam, who believes in their allegations. Akcam was given a platform to speak at the prestigious Sydney Institute on the 31st of October, presented as a great Turkish historian, moral seeker of truth, where ironically Akcam begs his audience to accept the allegations on moral grounds & only on moral grounds (watch video) ( The following day radio presented Akcam as \u201cthe 1st Turkish scholar to recognize the so called genocide, who has studied 600 previously restricted documents\u201d \u2013 (Turkey\u2019s population is 70 million & nearly a century has passed since 1915, no wonder his arrival to Australia was turned into a funfair by the ANC. The 600 documents remains a mystery till today, since Akcam resides & conducts his research from the & makes use of Zoryan Institute\u2019s materials, we can only wait & hope for these important documents to go public one day.) [Image; Akcam & Dadrian in a private lecture 2011 \u2013 Vahakn Dadrian is considered to be among the pioneers of the genocide studies phenomenon & has been the Director of the Zoryan Institute ( since 1999, where he continues to study genocide.] University of Minnesota Office of the General Counsel, Minneapolis 55455, January 17, 2008 Brent P. Benrud, Associate General Counsel\u2019s response to Akcam\u2019s position (excerpt) \u2026In your e-mail, you asked whether Dr. Akcam\u2019s position is funded, in whole or in part, by an Armenian foundation. The College of Liberal Arts receives outside funding from a variety of sources, including Armenian groups. The College also receives funding from the Turkish government and the Institute of Turkish Studies. It is my understanding that Dr. Taner\u2019s current position is funded in large part by the Zoryan Institute, and the Cafesjian Family Foundation. The University has many endowed chairs and other positions that are sponsored by outside individuals and organizations find nothing unusual or inappropriate regarding the funding for Dr. Akcam\u2019s position. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 39/143 ( anc-lobby-australia.png) 1) To order a copy for yourself or as a gift, or to help sponsor a book to be placed in university libraries, contact the Zoryan office by calling (416) 250- 9807 or e-mailing [email protected]. Vahakn N. Dadrian and Taner Akcam \u2013 Judgment at Istanbul: The Armenian Genocide Trials. New York & Oxford: Berghahn Books, 2011 978-0-85745-251-1, $110 ($75 to Zoryan Friends). [The term genocide was coined & used for the 1st time in 1948 by the U.N, the trials cited in the book relate to 1919-22] 2) Hopefully renown Akcam wasn\u2019t too offended by his surname misspelt as by the Australia & the Jewish Holocaust Centre. \u2014\u2014\u2014\u2014\u2014\u2014\u2014 Let\u2019s get back to our own two xenophobic authorities on genocide \u2013 Tatz & Diamadis, whose studies have become the main source & inspiration for anti-Turk & Islamaphobic Iraqi, Greek, Armenian etc. Australians. Prof. Tatz & Diamadis\u2019s work can be put into perspective when carefully examined together. Tatz is not only out of touch with history but surprisingly for a political scientist he is so out of touch with reality & his views are so contradictory it\u2019s anyones guess what he sincerely knows. He urges his audience to engage in lobbying & to apply \u201cgroup pressure\u201d on politicians by using their most democratic right (voting) in a collective manner & to make this known through lobbying (democratic legal blackmailing). Then he goes on to say that this will not matter in swaying the parliaments which he is right in a sense. However, he must be unaware that the 4000+ Armenian votes in the Bennelong District which went to former journalist Maxime McCkew unseated Prime Minister John Howard, making him the 2nd Prime Minister after Stanley Bruce, to lose his seat in an election. 4000 Armenian votes did not sway the Parliament as Labor would have won the election without it. Nevertheless, it changed the political landscape of the country by leaving a Liberal icon John Howard out of the Federal Parliament. Howard told a former colleague that losing Bennelong was a \u201csilver lining in the thunder cloud of defeat\u201d as it spared him the ignominy of opposition & he took it graciously. 2007 Federal Elections; 44,685 votes (51.4 %) to John Howard, 42,251 (48.6 percent) to Maxine McKew. The final tally indicated that McKew defeated Howard on the 14th count due to a large flow of Green preferences to her; 3,793 (78.84 %) of Green voters listed McKew as their second preference. McKew\u2019s marginal seat of Bennelong is home to the largest Armenian-Australian constituency. ( exploiting-anzac-history/honourable-prime-minister-john-howard/) The Honourable John Howard, Former Prime Minister of Australia / Mar 1996 \u2013 Dec 2007 Maxine McKew prior to 2007 Federal elections; \u201cIt was my position while working in the media and remains my position today. The Armenian- Australian community has a kindred spirit in me and if elected will advocate for recognition of the Armenian Genocide by the Government of Australia.\u201d Armenian National Committee, Mr. Varant Meguerditchian\u2019s response (1st on the right of Wayne Swan, below pic.) \u201cThe 4000-strong Armenian- Australian voters of Bennelong will wait to hear the position of other candidates, including Prime Minister John Howard, regarding the issue of Armenian Genocide recognition before casting their united votes at the upcoming election.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 40/143 ( babkenian-exploiting-anzac-history/armenians-greeks-lobbying-wayne-swan-2010/) In the lead up to the 21 August 2010 Federal Election, the Armenian National Committee of Australia Australia) & the Australian Hellenic Council NSW) were present at the Campaign Launch of Jason Clare MP, the Federal Member for Blaxland above (left to right): Parliamentary Secretary for Employment Jason Clare MP, Panayiotis Diamadis of Australian Hellenic Council (NSW), Deputy Prime Minister Wayne Swan MP, Varant Meguerditchian Director of Armenian National Committee of Australia & Vicken Kalloghlian of Australia & Chairman of the Galstaun College \u2013 a bilingual Armenian Australian private school in NSW. Prof Tatz\u2019s Myth Demolition Team engaging in lobbying with 4000 votes in their pockets. The unseating of Hon. John Howard must have created a shock-wave effect, obviously it has intentionally been blown way out of proportion (marketing) which is then exploited by the 3 lobbyist groups. Former Foreign Affairs Minister (Howard Government) Mr. Alexander Downer gives a rather straight-forward response to a question asked on this issue (below). Fidelity purchased with money, money can destroy Liberal Foreign Minister Mr. Alexander Downer (Howard Government) on the 11th of February 2007, when so-called genocide allegations were asked to him, he answered; \u201c\u2026 in Australia we have a significant Turkish community, an ethnic Turkish community. We have an Armenian community that would not be anything like as big as the Turkish community, but don\u2019t think we really want to get into all of that and inflame passions in Australia, between Australians, over an issue like that. The debate is about events that occurred a long time ago, and don\u2019t think we are going to offer a running commentary on the events, or alleged events, whatever on history don\u2019t think it is the role of the Australian government to be a historian. Whatever we may think about history, we deal with the present and future, but we can\u2019t change the past, not even the Australian government can change the past. If we could there would be a lot of changes we would make.\u201d ( content/uploads/2012/11/sbs-au-census-2011-armenia-turkey-data.jpg) 2011 Australian Census Data. There were 59,623 Turkish speakers in Australia, representing 0.3% of the entire population. There were 9,707 Armenian speakers in Australia, representing <0.1% of the entire population Australia alleges the official data output to be flawed (far-below). \u2014\u2014\u2014\u2014\u2013xxxxx\u2014\u2014\u2014\u2014 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 41/143 ( diamadis-vicken-babkenian-exploiting-anzac-history/khajaque-kortian-genocide-studies-australia/) Prof. Colin Tatz, who considers himself as a true member of the larger Armenian family in Australia would like to have it both ways. While on the one hand he is being financed by ethnic minority groups to create a myth for the survival of their diaspora, Prof. Tatz on the other hand is manipulating social sciences & openly lobbying to demolish the spirit by demonizing & vilifying the Turk, in effect to erode the mutual friendship between the two Nations which is based on genuine respect and a common memory. The method is, by exaggerating & distorting the negative personal stories of the Gallipoli campaign of which some were written years & some decades after the war had ended. Stories which are in the form of telltales based on hearsay accounts or circumstantial evidence, often by soldiers who were now closely related to Church communities. Co- founders for the demolition campaign are, 1- Khajaque Kortian an Armenian Australian lawyer who specializes in intellectual property law & is an expert on trademark laws. Khajaque Kortian is also an Armenian activist & former Director of the Armenian National Committee. 2- Arsine Oshagan is an Armenian businesswoman who has set up the (Australian Institute for Holocaust & Genocide Studies) with the legal guidance of Khajaque Kortian along with the financial contributions of the 3- Greek Pontian Associations of Australia is the brainchild of these 3 entrepreneurs but the truth is, it is not an institution as we know it. It has never had a building nor even a full time staff, but made use of the facilities of under the auspices of the Shalom Institute/College. It has never produced research papers of scholarly value. In fact was not set up as an educational institution but rather as a INSTITUTION\u201d. Australian Taxation Office defines a as; \u201d an institution that is established & run to advance or to promote a charitable purpose. An organisation\u2019s purposes can be found from its governing documents and from its activities, history & control charitable institution will carry on charitable activities while a charitable fund mainly manages or holds trust property\u201d. Directors of/at the Australian Institute for Holocaust & Genocide Studies are; 1- Prof. Colin Tatz 2- Panayiotis Diamadis 3- Vicken Babkenian. True glory takes root, and even spreads; all false pretences, like flowers, fall to the ground; nor can any counterfeit last long ( diamadis-vicken-babkenian-exploiting-anzac-history/khajaque-kortian-arsine-oshagan-colin-tatz/) According to official tax office records, the Australian Institute for Holocaust & Genocide Studies is a Charitable Institution for such purposes. Effect of deregistration as a Charitable Institution, 18 2010; When a company is deregistered, it ceases to exist as a legal entity and all of its outstanding property interests vest in the Commonwealth (if the property was held by the company on trust) or in ASIC. If trust property is vested in the Commonwealth acts on behalf of the Commonwealth to deal with that property. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 42/143 ( content/uploads/2012/11/tatz-genocide-dictionary.jpg) Dictionary of Genocide / 2007. by ( diamadis-vicken-babkenian-exploiting-anzac-history/colin-tatz-khajaque-kortian-hon-michael-kirby/) Prof. Colin Tatz launching what is supposed to be an academic work with his boss (AIHGS) & financier, tradesmark & intellectual property lawyer Khajaque Kortian. Guest speaker is the (former) President of Institute of Arbitrators and Mediators Australia, Mr. Michael Kirby (in short -Manager of a private company), who has overlapping interests with Khajaque Kortian in mediating for his clients in regards to intellectual property cases. Former Justice Michael Kirby gives a speech at the event having concluded without examination that the events of ww1 between the Turks & Armenians constitutes to a genocide which is a under man of law, knowing that genocide is a powerful word & a serious allegation which needs to be substantiated legally & historically, and should be treated as such, talks about the consequences & legal ramifications of genocide despite the lack of such a ruling, nor even an attempt of trial in a judicial system. While Mr. Kirby freely attributes the most evil crime in human history to the Turkish Nation, ironically elsewhere Justice Kirby complains that, he himself has tasted his own medicine due to his sexual orientation, which is a choice of conscience not a crime, thus becoming a victim of prejudice & injustice in his personal & judicial affairs. On another topic of equality and social justice, Michael Kirby says that he was reluctant for many years to champion gay marriage. He wrote: \u201cMy reaction, as recently as 1998, as a homosexual man in a very long-term relationship with my partner, may indicate the very basic conservatism of my legal values and the power of the legal culture in which was raised. It is perhaps a reason why reformers in this field need to be understanding of the fact that perceiving a new potentiality in old institutions is bound to elicit resistance. Particularly on the part of conventional, older, religious people who often find thinking afresh to be unpleasant and uncongenial\u201d. Kirby, M., (2011), \u201cForeword\u201d in March V., [ed] Speak Now: Australian Perspectives on Same Sex Marriage. On 18th December 1998 in the Supreme Court, Justice Crispin delivered his judgement on the Aboriginal genocide case, accusing Howard, Fischer, Harradine, Hansen and other Federal Parliamentarians of pre-meditated genocide. In response to the application by Wadjularbinna Nulyarimma, prosecutors and intervenors Justice Crispin has accepted at law that the atrocities perpetuated against Aboriginal peoples since 1788, and that continue to this day, are in fact genocide. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 43/143 \u201cThere is ample evidence to satisfy me that acts of genocide were committed during the colonisation of Australia.\u201d (para 78) However, Justice Crispin held that the crime of genocide is not punishable under Australian law because he says have concluded that no offence of genocide is known to the domestic law of Australia.\u201d Nulyarimma v Thompson was an Australian court case decided by the Federal Court of Australia in Sep 1999. In two separate cases heard in conjunction (Buzzacott v Minister for the Environment), members of the Aboriginal community alleged that certain members of the Australian Parliament and government ministers had committed genocide. All three judges found that genocide is a universal crime under international law. But a majority of the Bench found that genocide is not a punishable crime under Australian Law because no offence of genocide is known to the domestic law of Australia. Julian Burnside and Senathiraja argued for the appellants that genocide is a part of customary international law, and that even without legislation criminalising genocide within Australia, Australian courts can try individuals accused of genocide Burmester Perry and Bayliss argued on behalf of the respondents that customary international law did not form a part of Australian domestic law and therefore no Australian court has jurisdiction to try individuals for genocide. Whitlam and Wilcox ruled that customary international law did not form a part of Australian law and therefore genocide was not a crime under Australian law in the absence of legislation declaring genocide a crime. Merkel dissented, finding that customary international law was incorporated into Australian law because of its status as jus cogens, but ultimately found that, because the respondents had no intent to commit genocide, the appellants\u2019 claim failed. The case was decided in favour of the Government. In response to Nulyarimma v Thompson, parliament moved to criminalise genocide by legislation. The fact is that, Australia has still not fully imported the Genocide Convention into domestic law. Parts of the Genocide Convention were imported into domestic law by way of the International Criminal Court Consequential Amendments Act2002, but only the Attorney-General can begin a genocide case and if he/she refuses \u2013 there is no right of appeal and no reasons need to be given. ( content/uploads/2013/03/michael-kirby-colin-tatz-diamadis-babkenian-kaplan.jpg) Michael Kirby posing with \u201cGenocide Perspectives IV\u201d, pseudo historians Tatz, Babkenian, Diamadis, Kaplan launching the book at Sydney University. \u2014\u2014-ooo\u2014\u2014- The theory, however, that the Muslim conquerors and their successors were inspired by a fanatical hatred of Christianity is a fiction invented by (fanatic) Christians.\u201d [C.H. Becker, Christianity and Islam, London, 1909, pp. 28-33] Nearly every nation or ethnicity on earth has a founding myth or a national symbol of common values which brings a nation or its communities together national myth may be a legend or fictionalized narrative, which has been elevated to serious mythological, symbolical and esteemed level so as to be true to the nation. It might simply over-dramatize true incidents, omit important historical details, or add details for which there is no evidence; or it might simply be a fictional story that no one takes to be true literally but contains a symbolic meaning for the nation. The national folklore of many nations includes a struggle against colonialism or a war of independence. In some cases, the meaning of the national myth may become disputed among different parts of the population. The \u201cMuslim Turkish threat\u201d has become more of a cultural & subsequently a political part of both Diasporas ethnic identity. The hysterical Turkish threat is at best passed down from one generation to the next which forms the cement that bonds families, relatives & even other coreligionist ethnic groups together. The myth of a so called genocide has been established in the Armenian psyche living in diaspora. The disproportionate number of Armenians living abroad in contrast to Armenians living in their homeland is more than 3 fold, this give us a clue as to why the atrocities of WW1 have transformed into, what it is not. The Armenians use \u2018Turk-enmity\u2019 as a protection instrument of their national identity as the Armenian diaspora live in wide geographies & in different parts of the world. Russia, Iran, France, Syria, Greece, Lebanon, India, America, Australia, Canada, Europe, Argentina etc. are just a few. The argument, which is exercised to nationalize a community or to concentrate a community to a common ideal, should be moral and appropriate. Since 1965, the Armenians accuse the Turks of an alleged genocide & their real aim is to provoke their own national identity. The Armenian allegation of genocide with inflated numbers is interesting, when in fact more than 2 million Turks have lost their lives during WW1, whereby Turks have always shun propaganda over the dead. The Case of Armenia (printed 1919) p:13 Armenian National Union of America / New York According to a credible report from a German source, which has been substantiated from other sources, the population of the Turkish Empire has, since 1914, been reduced by 25 per cent. 2,000,000. Turks have perished from all causes, and the percentage of the Turkish losses in Armenia has been heavier than elsewhere, since a considerable portion of Armenia has been invaded by Russia. This means that the number of Armenians in the Armenia to be, will be considerably larger than all the Turks in Turkey, as it is constituted to-day.\u201c 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 44/143 The myth circulated by Armenian Nationalists & repeated by sympathizing scholars alike, that 1.5 million Armenians died in the hands of the Turks requires careful examination & we will dedicate more space for that backed up with credible archival documents. But it is only fair to say that the Turks also died in large numbers due to Armenian, British, French, Russian, ANZAC, Greek, Arab aggression & direct killing which was followed by starvation, disease etc. ( While some 60,000 Australians and 18,000 New Zealanders were part of a larger British force, there were more than 200,000 Armenians fighting alongside the Russians, French & British. These figures are provided by the Armenian leaders who attended the Paris Peace Conference in 1919. Armenia and the War / A. P. Hacobian (Armenian) \u2013 1917 The Armenian population of Russian Armenia and the Caucasus numbers, roughly, 1,750,000 souls, and there are probably another 100,000 to 200,000 Armenians scattered over the other parts of the empire. They are liable to military service as Russian subjects, and it is estimated that they have given to the Russian army some 160,000 men. Apart from this not negligible number of men called to the colours in the ordinary course of mobilization, the Armenians, as a result of an understanding with the authorities, organized and equipped at their own expense a separate auxiliary volunteer force under tried and experienced guerilla leaders, such as Andranik, Keri and others, to cooperate with the Caucasian army.\u201d Lieutenant General Liman Von Sanders Military Adviser of the 5th Ottoman Army Witness testimony at the trial of Talat Pasa\u2019s assassin in Berlin. 02 June 1921 It was not the Turkish army or the Turkish police force that attacked the Armenians, but rather a temporary supplementary police force created because of the exigencies of the time. Furthermore, we should remember that the economic situation was so dismal that not only many Armenians, but thousands of Turkish soldiers as well died of the lack of food supplies, disease, and other consequences of poor organization in the Turkish government. In my division alone, after the battle of Gallipoli, thousands died of malnutrition feel all of these points should be kept in mind\u2026 In any event consider it my duty to state that, in the five years was in Turkey never saw an order signed by Talaat against the Armenians and neither can testify whether or not such an order was ever issued.\u201d ( content/uploads/2012/11/gallipoli-turkish-pow.jpg) Gallipoli 1915 (early stages of WW1) \u2013 Two Turkish POW\u2019s. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 45/143 Ahmed Cemal Pasa Formerly Governor of Constantinople Imperial Ottoman Naval Minister Commander of the 4th Army in Sinai, Palestine & Syria We Young Turks unquestionably prefer the Armenians, and particularly the Armenian revolutionaries, to the Greeks and Bulgarians. They are a finer and braver race than the two other nations, open and candid, constant in their friendships, constant in their hatreds. We are absolutely convinced that the policy of Russia was alone responsible for the enmity between Turkish and Armenian elements. Sixty years ago, or, to speak more accurately, until ten years before the Russo-Turkish War of 1877-8, there was no question whatever of any religious conflict between the two races, i.e., religious differences between Mohammedans and Christians. In Anatolia, Rumelia, Constantinople, indeed throughout the Turkish Empire, the Armenians and Turks lived together in such harmony that Ottoman histories of that period do not even mention such a thing as an Armenian question. In family affairs there was no limit to Turco-Armenian friendship. When a Turk left his village in Asia Minor for some business journey he left his Armenian neighbours in full charge of his family, honours and rights, and the Armenians on their side showed equal confidence in their Turkish neighbours.\u201d Memories of a Turkish Statesman 1913-1919 by Djemal Pasha Printed 1922 / The Armenian Question p.241 Maurice Paleologue \u2013 French Ambassador to Russia (1914-1917) \u201cAn Ambassador\u2019s Memoirs\u201d ; 21 November 1914 Tsar Nicholas of Russia; \u2026In Asia Minor shall have to consider the question of the Armenians of course certainly could not let them return to the Turkish yoke. Ought to annex Armenia shall only do so if the Armenians expressly ask me to. Otherwise shall establish an autonomous regime for them. Lastly shall be compelled to secure my Empire a free passage through the Straits.\u201d As he stopped at these words pressed him to enlighten me further. He continued am far from having made up my mind. The matter is of such grave importance. But there are two conclusion to which am always being brought back; first, that the Turks must be expelled from Europe; secondly, that Constantinople must in future be neutral, with an international regime need hardly say that the Mohammedans should receive all necessary guarantees that sanctuaries and tombs will be respected. Western Thrace to the Enos-Midia line should be given to Bulgaria. The rest, from that line to the shores of the Straits but excluding the environs of Constantinople, would be assigned Russia.\u201d \u201cSo if have understood you correctly, the Turks will be confined to Asia \u2013 as in the days of the first Osmanlis \u2013 and have Angora or Koniah for their capital. The Bosphorus, the Sea of Marmora and the Dardanelles will thus form the western frontier of Turkey.\u201d Tsar Nicholas of Russia; \u201cExactly.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 46/143 ( content/uploads/2012/11/british-anti-turk-propaganda-1914.jpg) British Propaganda TURK. pg.21 (Supplement to \u201cPunch\u201d, 16th December 1914) \u201cPUNCH\u201d OFFICE, 10 STREET, LONDON, E.C. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 47/143 ( bands-eastern-turkey.jpg) The Brisbane Courier Saturday 27 June 1891, p.7 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 48/143 ( provokation-istanbul.jpg) Rehearsal of 1915 two decades earlier. Western Powers show off military might to the Turks, British ambitions on the Dardanelles and Turkish defensive preparations. Armenian bomb stores discovered, \u2026foreign powers agitating, the Americans (worlds police) arrive, \u2026riots have broken out resulting in bloodshed (ethnicity not mentioned), nevertheless Turkish authorities protecting foreign residents, \u2026the Armenian Patriarch admits provocation and the Sultan is frustrated & fearful of Turkish retaliation. The infamous Times \u2013 correspondent seals the deal, reports on Armenian massacres with an accurate head count in only one spot, and leaves other spots to the readers imagination and for future publications. To a less biased and careful observer, miraculously no Turks are harmed in this whole calamity & yet the only villain is the Turk. The Queenslander, 23 Nov 1895. ( london-1903.jpg The North Queensland Register, 16 Nov 1903, p.7 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 49/143 ( terrorizing-armenians-in-london-1904.jpg Argus, 5 Jan, 1904, p.41 \u2013 \u2018Alfrasist\u2019 unheard of, more likely to be the rival terror group ARF\u2019s, Armenian Revolutionary Federation (Dashnaks), fighting over turf for extortion revenue. The Dashnaks\u2019 aim was by crimes and assassinations to invite Turkish reprisals and massacres, and thus create an international scandal that would attract the intervention of the other powers.\u201d [David Thompson, \u201cEurope Since Napoleon\u201d (Alfred A. Knopf, 1964, 2nd. Ed.)] ( church-athens-1905.jpg Armenian bomb making Church discovered in Athens Greece, intended to blow up Turkish cities. Morning Bulletin QLD, 9 Sep 1905, p.7 ( Warwick Examiner and Times, 30 Aug 1905, p.2 ( N. Western Advocate, 15 Jan 1906, p.3 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 50/143 ( The West Australian, 16 Aug 1907, p.5 ( enterprise-new-work.jpg Western Star & Roma Advertiser, 25 September 1907, p.4 ( 1913.jpg The West Australian, 18 Apr 1913, p.7 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 51/143 ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 52/143 ( armenian-army.jpg) Times Union, Indiana US. Feb 17, 1916 Do you believe that any massacres would have taken place if no Armenian revolutionaries had come into the country and incited the Armenian population to rebellion asked Mr. Graves (The British consul). \u201cCertainly not,\u201d he replied do not believe that a single Armenian would have been killed.\u201d [Sydney Whitman, \u201cTurkish Memories,\u201d London, 1914, p. 74] 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 53/143 ( content/uploads/2013/03/mp16-1_1916-1537_p2_tcm14-28491.jpg) By 1915 Australia was home to a small population from the Ottoman Empire. This small group of a few hundred, included ethnic Jews, Armenians, Georgians & Greeks, only a few were Muslims. There was also a much larger number from the Ottoman province of Syria who were mostly Christians from what is now known as Lebanon. The Ottoman Empire had allied with Germany in WWI, & therefore as a result, Australian residents born in Ottoman territories were declared to be enemy aliens & placed under surveillance, some were interned, or released on parole \u2013 required to report to police weekly. Deciding who was Turkish proved difficult for Australian authorities seeking clear-cut racial divisions. Letter from Major Reynolds, Director of Military Operations for the Chief of General Staff, Department of Defence, to the Commandant, 3rd Military District (Melbourne), 22 January 1915. In this document the Defence Department is seeking to separate friends from enemies on ethnic & religious grounds. Authorities declared that an Ottoman subject who was \u2018by race a Greek, Armenian or Syrian or a member of any other community known to be opposed to Ottoman rule & to be a Christian\u2019 was to be free of the restrictions imposed on enemy aliens on the 22nd of January 1915, three months before the Gallipoli invasion. [In other words, my enemies enemy is my friend & there are clear distinctions. While the Christian residents were exempted, less than a dozen civilians who happened to be Muslims were interned & kept under surveillance in Australia, due to national security concerns!] NAA: MP16, 1916/1537, p.2 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 54/143 ( content/uploads/2013/03/greco-turkish-war-greek-treachery-anatolia.jpg) Twice Stranger: How Mass Expulsion Forged Modern Greece and Turkey \u2013 by Bruce Clarke, International Security Editor of \u2018The Economist\u2019, recipient of the \u2018Runciman Award\u2019, an annual literary award offered by the Anglo-Hellenic League for works published in English dealing wholly or in part with Greece or Hellenism. Published 2006, p.69. Literally a treasure trove of foreign documents from Armenian, British, Australian, American etc. archives clearly reveal that some elements within theArmenians & Greeks of Turkey, were considered as enemies (potential de facto belligerents) of the Ottoman Empire & the Turks as a result of intelligence gathered. With the benefit of hindsight, these elements within the Ottoman territories, thus having revolted premeditatively were of great assistance to the Russian, British, French forces in WW1; imperial powers who were carving up lands of vital resources needed for their current & future industries. Current diaspora Armenians are referring to discredited, unreliable foreign propaganda books printed mostly during war time 1914-1918 ( to re-write their history. Another primary source used are newspaper articles of that time which was obviously intended to portray the enemy evil while serving as a fear factor to garner national support for the war. Foreign news agencies did not send a single registered war correspondent to Eastern Turkey during WW1 & were using American Christian missionaries as their sources of news which was then censored & edited to appeal to public prejudices. At any given time, especially between mid 1800s & 1930\u2019s there were 100\u2019s of American Christian missionaries scattered all throughout eastern & southeastern Turkey from various relief & Christian organizations. These missionaries were not only allowed to stay, they were provided with security & material support from the Ottoman Government to their best ability. Only a handful were deported who were found to be explicitly engaged in other activities which risked national security. Therefore we can rightly say, the Turks had nothing to hide. Mark L. Bristol, Rear Admiral, Commander of Oklohama (BB-37) U.S. Navy to Istanbul On Board At Sea. En route from Island of Rhodes to Constantinople, Turkey. 28 March, 1921 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 55/143 (Upon visiting the region for 1 month see that reports are being freely circulated in the United States that the Turks massacred thousands of Armenians in the Caucasus. Such reports are repeated so many times it makes my blood boil. The Near East Relief have the reports from Yarrow and our own American people which show absolutely that such Armenian reports are absolutely false. The circulation of such false reports in the United States, without refutation, is an outrage and is certainly doing the Armenians more harm than good feel that we should discourage the Armenians in this kind of work, not only because it is wrong, but because they are injuring themselves.\u201d Despite the hindrance of Nationalist Armenian committees, there are many suppressed documents of Armenian politicians & adventurist leaders who in the past had led their people from one destruction to another. Here is a confirmation from the most credible source of the Dashnaksutyun party (Armenian Revolutionary Federation) which was formed in Russia in 1890 as a socialist left wing party & later transformed itself into a guerrilla movement during the first world war. In 2012 has active branches in Armenia, Lebanon, Syria, Iran, Egypt, Bulgaria, Russia, Georgia, U.S., Canada, France, Australia, England, Argentina Of / ARMENIA\u2019s 1st The author of this Manifesto was a pillar of the Dashnagtzoutiun Party. He was the first Prime Minister of the Republic of Armenia in 1918. He knew every party secret before, during and after the founding of the ill-fated Republic. Few were in a position to know more, nor to express themselves with greater clarity, logic and foresight than Hovhannes Katchaznouni. He submitted his Manifesto as a report to a convention of the Dashnagtzoutiun Congress that was convened in Bucharest in 1923. Katchaznouni\u2019s work is a basic source of Dashnag history and the Armenian Information Service considers it a privilege to be able to present, for the first time, the writings of this Armenian patriot and prophet to an American audience. Katchaznouni voices a self-criticism of the past in this conference report. This self-criticism is actually a confession. Katchaznouni honestly and sincerely resolves that the Dashnagtzoutiun Party is responsible for the past agonies. (Emphasis to the excerpts added by the reviewer) \u201cComrades: These matters have had my deliberate and serious consideration do not know whether you, too, have arrived at the same conclusions. Allow me to say more am afraid that my final conclusion \u2013 those very difficult words which shall here state with all singleness of heart \u2013 will cause general embarrassment, perhaps resentment, in the Convention am prepared for that only ask that you believe: a) that it is more difficult for me to write and sign those words than for you to listen to them from my own lips; b) that those words are not the result of thoughtless or petty, transient dispositions or hasty resolve beg of you therefore that you be patient and approach the matters with an open mind, unhampered \u2013 something which is not easy for men who have lived a Party life and have thought from a Party angle. Let me know proceed with my subject. In order to present my conclusions in proper sequence feel it is necessary for me to refresh your memory with the various phases of the Armenian Cause \u2013 from the Great War to the Lausanne Conference and the role played by the Dashnagtzoutune during that period. So that may not abuse your attention shall curtail my speech and present to you a concise yet accurate commentary. At the beginning of the Fall of 1914 when Turkey had not yet entered the war but had already been making preparations, Armenian revolutionary bands began to be formed in Transcaucasia with great enthusiasm and, especially, with much uproar. Contrary to the decision taken during their general meeting at Erzeroum only a few weeks before, the A.R.F. had active participation in the formation of the bands and their future military action against Turkey. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 56/143 In an undertaking of such gravity, fraught with most serious consequences, individual agents of the Transcaucasian A.R.F. acted against the will of our superior authority, against the will of the General Meeting of the Party. Why? This example urges us to recall that the A.R.F. in Transcaucasia in the past had been a follower rather than an originator of movements that had their inception beyond their control. Thus it was in 1903 (rebellions and demonstrations on the occasion of the seizure of Church properties); thus it was in the year 1905-1906 (bloody encounters between Tartars and Armenians); and thus it was also during the first big movements of the laboring classes (1903-1906) when the A.R.F. was being led at Baku, Tiflis and Batoum by the policies of foreign socialistic parties. The same characteristic line of action appears, as we see a little later, in the conduct we pursued afterwards generally. It would be useless to argue today whether our bands of volunteers should have entered the field or not. Historical events have their irrefutable logic. In the Fall of 1914 Armenian volunteer bands organized themselves and fought against the Turks because they could not refrain themselves from organizing and refrain themselves from fighting. This was in an inevitable result of a psychology on which the Armenian people had nourished itself during an entire generation: that mentality should have found its expression, and did so. And it was not the A.R.F. that would stop the movement even if it wished to do so. It was able to utilize the existing conditions, give effect and issue to the accumulated desires, hopes and frenzy, organize the ready forces \u2013 it had that much ability and authority. But to go against the current and push forward its own plan \u2013 it was unfit, especially unfit for one particular reason: the A.R.F. is a people\u2019s mass strong in instinct but weak in comprehension. If the formation of bands was wrong, the root of that error must be sought much further and more deeply. At the present time it is important to register only the evidence that we did participate in that volunteer movement to the largest extent and we did that contrary to the decision and the will of the General Meeting of the Party. The Winter of 1914 and the Spring of 1915 were the periods of greatest enthusiasm and hope for all the Armenians in the Caucasus, including, of course, the Dashnagtzoutiun. We had no doubt that the war would end with the complete victory of the Allies; Turkey would be defeated and dismembered, and its Armenian population would at last be liberated. We had embraced Russia whole-heartedly without any compunction. Without any positive basis of fact we believed that the Tzarist government would grant us a more-or-less broad self-government in the Caucasus and in the Armenian vilayets liberated from Turkey as a reward for our loyalty, our efforts and assistance. \u2026Civilized humanity might very well be shaken with rage in the face of this unspeakable crime. Statesmen might utter menacing words against criminal Turkey. \u201cBlue\u201d, \u201cyellow\u201d, \u201corange\u201d books and papers might be published condemning them. Divine punishment against the criminals might be invoked in churches by clergymen of all denominations. The press of all countries might be filled with horrible descriptions and details and the testimony of eye-witnesses. . . Let them say this or that. . . but the work was already done and words would not revive the corpses fallen in the Arabian deserts, rebuild the ruined hearths, repopulate the country now become desolate. The Turks knew what they ought to do, and they have no reason to regret it. \u2026The Armenian-Turkish war which broke our back began in the Fall of 1920. Would it have been possible to evade it? Probably not. The crushed Turkey of l9l8 had recovered during the two years. There came forward patriotic, young officers who formed a new army in Asia Minor. They saw the necessity of attacking in the Northeast, and also in the Southwest against the Greeks which they could not do without first crushing their flank on the Armenian front. One cannot say that the Turks really had such a plan, but it is possible that they did and it was also probable that the war with us was inevitable. Despite these hypotheses there remains an irrefutable fact. That we had not done all that was necessary for us to have done to evade war. We ought to have used peaceful language with the Turk\u2019s. Whether we succeeded or not, and we did not do it. We did not do it for the simple reason \u2013 no less culpable \u2013 that we had no information about the real strength of the Turks and relied on ours. This was the fundamental error. We were not afraid of war because we thought we would win. With the carelessness of inexperienced and ignorant men we did not know what forces Turkey had mustered on our frontiers. When the skirmishes had started the Turks proposed that we meet and confer. We did not do so and defied them. We now see that if we had agreed on a settlement with the Turks directly\u2026 we might have gained a lot. But we could not see this at this point\u2026 War, on the other hand was a reality. It is also a reality, an unforgivable reality that we did not do anything to avoid war but did just the opposite; we created excuses for it\u2026 \u2026And since the Dashnagtzoutiun has nothing else to do anymore \u2014 neither at the present time nor in the future, it must end its existence. Our Party has lost its raison d\u2019etre its reason for existence. This is the bitter truth. Shall we have the courage to confess the truth and arrive at the proper conclusion? And the only conclusion is that we must end our With comradely salutations / Armenia\u2019s First Prime Minister Bucharest, March, 1923 \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2013 The above statements were made by Armenia\u2019s most prominent figure of that time. He clearly admits his party & Armenian Nationalists were engaged in an unconventional war between 1914-1918 (such warfare tragically \u2013 foremost targets the civilian population & aims to cause havoc & fear to reduce the enemy\u2019s ability to fight). However, it should be emphasized that not all Armenians chose to fight against the Turks, e.g more than 500 000 Armenians in the capital Istanbul, Izmir & Western Anatolia regions went on with their daily businesses, unaffected from attrocities taking place in Eastern Anatolia. This can be attributed to Western powers inability to penetrate into non war zones. After establishing the Republic of Armenia (1918), as quoted by KATCHAZNOUNI, the Armenian nationalists took the fight to the Turks to deliver the final blow. The Armistice of Mudros formalizing the Ottoman surrender was signed aboard a British warship on October 30, 1918. Allied troops arrived in Istanbul & occupied the Sultan\u2019s palace shortly thereafter. Katchaznouni; \u201cThe crushed Turkey of l9l8 had recovered during the two years. There came forward patriotic, young officers who formed a new army in Asia Minor\u201d. Mustafa Kemal & his officers, who no longer recognized the legitimacy of the Sultan, were combat tested in Gallipoli & raised a new army from locals & deserters of the Sultan\u2019s army & went on to fight the war of independence. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 57/143 The Treaty of S\u00e8vres (10 August 1920) was the peace treaty between the Ottoman Empire and Allies at the end of World War I. Also, France, Great Britain and Italy signed a secret \u201cTripartite Agreement\u201d at the same date. The Tripartite Agreement confirmed Britain\u2019s oil and commercial concessions and turned the former German enterprises in the Ottoman Empire over to a Tripartite corporation. The open negotiations covered a period of more than fifteen months, beginning at the Paris Peace Conference. France, Italy, and Great Britain, however, had secretly begun the partitioning of the Ottoman Empire as early as 1915. The delay occurred because the powers could not come to an agreement which, in turn, hinged on the outcome of the Turkish national movement. The Turkish national movement developed its own international relations by the Treaty of Moscow with the Soviet Union on 16 March 1921, the Accord of Ankara with France putting an end to the Franco-Turkish War, the peace Treaty of Alexandropol (2 Dec 1920) and the friendship treaty of Kars (13 Oct 1921) with the Armenians securing Turkey\u2019s eastern borders. It is then, that Mustafa Kemal\u2019s army went on to expel the British & Greeks from what is now more or less Turkey. The Treaty of S\u00e8vres was annulled in the course of the Turkish War of Independence and the parties signed and ratified the superseding Treaty of Lausanne in 1923. No such mention by the Leader & Armenia\u2019s 1st Prime Minister, yet alone a hint, that the Turks were targeting the Armenian civilian population (or the Armenian army) with premeditated intentions to destroy their race due to their ethnicity, religion, colour etc. not a single word in the remainder entire content\u2026 The Dashnak Party admits making serious mistakes by underestimating the military strength of a newly formed \u2013 unorganized army of Anatolian peasants. While relying heavily on the assistance that was promised to her by the allies, they had not calculated that promises would soon be forgotten. Katchaznouni genuinely tries to resolve the question of \u2018had they known what they know now, maybe they would have acted differently, or maybe not\u2019. In contrast with the above confessions, what the current Armenian & Greeks in diaspora are trying to achieve is, by asking the Australian, American, the British, French etc. nations to re-align themselves with not what is important for their country, but what matters for the Armenian and Greek false & purposeful propaganda by \u201cbashing the unspeakable Muslim Turk, to exploit past ethnic tensions for their future ulterior motives which might eventuate literally on the other side of the world.\u201d. The British Government\u2019s Blue Book, published in 1916, compiled by Arnold Toynbee & Viscount Bryce still remains as a critical primary source of the Armenian accusations even after a century, along with Ambassador Morgenthau\u2019s Story. Below is a link to the Blue Book, a kind of parliamentary paper, presented in this case to the Foreign Office. It was compiled in the context of war & distributed to Allied Nations as well as to the United States. \u201cThe Treatment of Armenians in the Ottoman Empire, 1915-16: Documents Presented to Viscount Grey of Fallodon, Secretary of State for Foreign Affairs, by Viscount Bryce, with a Preface by Viscount Bryce\u201d, Hodder & Stoughton and His Majesty\u2019s Stationery Office, 1916. ( Prof. Ralph WILLIAMS, Chairman of Hodder & Stoughton U.S. Publisher of \u2013 British \u2018Blue Book-1916\u2019 / \u2018Ambassador Morgenthau\u2019s Story-1918\u2019 \u201cThe Turk has returned and nobody wants him. Yet he has returned; and, if he knows when he is well off, with European sanction perhaps for another five centuries, certainly for our time. He has returned with colours flying, talking of his rights of sovereignty; and the western world must swallow him as best she can. Hard, stubborn, unpalatable facts, and to make things worse four years ago that Turk was prostrated by defeat as never before, already all but bag-and-baggaged out of Europe\u2026 \u2026Now we are not to look for a blunder but for a tale of blunders, the like of which has seldom had to be told; in the devil\u2019s kitchen of post-war diplomacy there are so many pots that can call so many kettles so very black. It is useless for one partner to harbour resentment against the others; and there is nothing for it but to cut the losses\u2013a process more or less decently veiled under the name of the Treaty of Lausanne\u2013and to examine the books.It will be well to do that literally and examine the history books, for it is they that show us where we went wrong; and since the evidence was written down before the war ever began, we can ignore the gibe of being, wise after the event.\u201c Excerpts from his speech before the Empire Club of Canada, Toronto, March 22, 1923' The first encounter between Turkey & Australia/ New Zealand (fighting for the British Monarch) was on the battlefields of Gallipoli/Canakkale on 25th of April 1915. Gallipoli was the scene of a fierce trench warfare which lasted nearly 9 months on a tiny strip of land which cost the lives of more than 80.000 Ottoman soldiers, 8709 Australian & 2730 New Zealanders. Over the years, the invading nations Australia & New Zealand have come to realize that their losses were a big sacrifice for such young nations along with other losses on various theatres of the WW1. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 58/143 \u201cAll eligible men are invited to join now so that they may go into training at once and become efficient soldiers\u201d Towards the end of 1915, a War Census of the Australian population showed that 244,000 single men of military age were available for enlistment. Accordingly, on 26 November 1915, the government with W.M. Hughes as its new leader promised Britain 50,000 more troops \u2013 in addition to the 9,500 per month being sent as reinforcements for the 60,000 Australians already overseas. \u2018Australia has promised Britain 50,000 more men. Will you help us keep that promise?\u2019 \u2014\u2014\u2014\u2014\u2014-xxxxx\u2014\u2014\u2014\u2014\u2014- Captain Aubrey Herbert The ceasefire on 24 May 1915 to bury the dead, Quinn\u2019s Post Mons, Anzac & Kut / Published 1919 We mounted over a plateau and down through gullies filled with thyme, where there lay about 4000 Turkish dead. It was indescribable. One was grateful for the rain and the grey sky Turkish Red Crescent man came and gave me some antiseptic wool with some scent on it \u2026 The Turkish captain with me said: \u2018At this spectacle even the most gentle must feel savage, and the most savage must weep talked to the Turks, one of whom pointed to the graves. \u2018That\u2019s politics\u2019, he said. Then he pointed to the dead bodies and said: \u2018That\u2019s diplomacy. God pity all of us poor soldiers.\u201d The warm sentiments between Turkish, Australian & New Zealand nations were best voiced in the message of the great leader Mustafa Kemal Ataturk who fought on the Gallipoli front as an army officer, his statement sent to the Australian and New Zealander mothers in 1934 is as follows: \u201cThose heroes that shed their blood and lost their lives\u2026 you are now lying in the soil of a friendly country. Therefore rest in peace. There is no difference between the Johnnie\u2019s and the Mehmet\u2019s where they lie side by side here in this country of ours\u2026 You the mothers who sent their sons from far away countries, wipe away your tears. Your sons are now lying in our bosom and are in peace. Having lost their lives on this land they have become our sons as well.\u201d Mustafa Kemal Ataturk / 1934 Anglo-French Navy forcing the Turkish straits, Dardanelles \u2013 March 1915 The Gallipoli victory has its own special place in Turkish history. It is the 1st major victory after decades of defeat against powerful imperialist forces. Less known to amateur researchers, it is in fact, the birthplace of the new Turkish Republic under the leadership of Mustafa Kemal Ataturk who personally changed the fate of the Gallipoli Battle after taking over the command from German General Limon Von Sanders. Australians & Turks have put aside any animosity which hardly existed even shortly after the fierce battles in Gallipoli, Mesopotamia and Palestine. They have moved on to build a respectful, friendly & peaceful relationship, of which Australia & New Zealand commemorates their National Days\u2019 on Turkish soil Day 25th April (1915)) only a day after Armenia\u2019s National Day (24th April (1915)) which Armenian Nationalists allege, this was the beginning of a genocide perpetrated by the very same Turks? 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 59/143 Turkish soldiers at the Day Commemoration Gallipoli Turkey / 25th April 2012 Genuine scholars & historians who keep an open mind are totally aware that a historical debate may constantly change. Interestingly, the release of new documents & further examination of new & old archival materials along with enthusiastic young Turkish scholars presenting their studies in English for a wider audience, has created fear among 2 groups synonymous with their ethnic identities. As a result of this fear, an emotional reaction of collective security has developed among the Armenian & Greek nationalists in Australia. Studying history requires examining the evidence from all sides including Armenian, Turkish, Greek etc. Armenia\u2019s first Prime Minister sheds enormous light in this field, but this is either ignored or suppressed by prejudiced scholars. In this case, Katchznouni is well aware of the news & propaganda distributed by his allies, and makes special mention of the \u201cblue, yellow, orange etc.books\u201c. Almost a century later, even though the Wellington House building was burnt down and most of its so called evidence destroyed due to a mysterious fire ( the propaganda it has left behind still continues to be echoed exactly as it were intended in the form of Armenian & Greek telltales. The author of the Blue Book, a reformed Arnold J. Toynbee, after travelling through Turkey & Greece for almost a year in 1921 (own expenses paid) admits the stories & news that were transmitted were entirely one sided & bias. Interestingly he never was formally apologetic for his work because he believed he was serving his government to the best capacity he could. Arnold Toynbee prophetically says \u201ccrimes committed by others are almost past over in silence\u201d. Obviously for a scholar who was well aware of the culture of his workplace (British Foreign Office) he was not wrong. Thousands of documents detailing some of the most shameful acts and crimes committed during the final years of the British empire were systematically destroyed to prevent them falling into the hands of post-independence governments, an official review has concluded in 2012. ( over in silence.\u201d Professor Arnold J. Toynbee : British Secret Service Department (War Propaganda Bureau) Paris Peace Conference Delegate (1919) King\u2019s College London / Professor of Modern Greek & Byzantine History Director of Studies Royal Institute of International Affairs \u2013 Chatham House \u201c\u2026We have injured the Turks most by making them hopeless and embittered. Our skepticism has been so profound and our contempt so vehement, that they have almost ceased to regard it as possible to modify them by their own action. They incline to accept these Western attitudes as fixed stars in their horoscope, with a fatalism which we incorrectly attribute to the teaching of their religion, without realising that our own conduct has been one of its potent causes. But while they are discouraged, they are not deadened to resentment. They see us in a light in which we too seldom look at ourselves, as hypocrites who make self-righteous professions a cloak for unscrupulous practice; and their master-grievance against us so fills their minds that it leaves little room for self-examination. If a charge is brought against them from a Western source, that is almost enough in itself to make them harden their hearts against it, however just it may be. They do not get so far as to consider it on its merits. They plead \u2018not guilty,\u2019 and put themselves in a posture of defence, to meet what experience has led them to regard as one of the most effective strokes in the Western tactic of aggression. In 1921 seldom found the Turks defend the fearful atrocities which they had committed six years previously against the Armenians, but repentance and shame for them were not uppermost in their minds-not believe, because they were incapable of these feelings, but because they were preoccupied by indignation at the conduct of the Allied Powers in fomenting a war-after-war in Anatolia. Remorse cannot easily co-exist with a grievance, and until we relieve the Turks of the one, we shall certainly fail, as we have done hitherto, to inspire them with the other. In attempting to express and explain the Turkish point of view am not seeking to suggest that it is right, or to deny the charges brought against the Turkish nation and Government for their treatment of subject peoples during the past century. Their crimes are undoubtedly exaggerated in the popular Western denunciations, and the similar crimes committed by Near Eastern Christians in parallel situations are almost always passed over in silence. At the same time, the facts substantiated against the Turks (as well as against their neighbours) by authoritative investigation are so appalling that it is almost a matter of indifference, from the point of view of establishing a case, whether the embroideries of the propagandists are counterfeit or genuine. The point which wish to make is that, if our aim is not simply to condemn but to cure, we can only modify the conduct of the Turks by altering their frame of mind, and that our only means of doing that is to change our own attitude towards them. So long as we mete out one measure to them, another to the Greeks, and yet a third to ourselves, we shall have no moral influence over them.\u201d The Western Question in Greece and Turkey Study in the contact of civilizations / (1922) p.226.227. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 60/143 Thus, Prof. Arnold J. Toynbee was forced to resign as Koraes Chair of Modern Greek & Byzantine History at the University of London. Daisaku Ikeda of Japan, a Buddhist philosopher, founder of Soka University & recipient of countless literacy, humanitarian & peace awards, as well as more than 300 academic honours, recalls one of his conversations with Prof. Toynbee in his article \u201cAnother Way of Seeing Things\u201d; It is as if the land of Turkey is trying to encompass all humanity and make it one, calling out: \u201cWest, you may be East in my embrace! East, you may be West in my home!\u201d For the historian Dr. Arnold Toynbee (1889\u20131975), Turkey had a particular significance, as it was events in Turkey that prompted him to become a pioneer in looking beyond the Eurocentric view of history. During our conversations in his London apartment, he told me that he had once been forced to quit his post at London University because he had \u201cangered people prejudiced against Turks\u201d with his straightforward reporting of events in Turkey. Toynbee visited Turkey in 1921, when he was about 32 years old. He had gone to observe the Greco-Turkish War that had been raging for two years. He first observed conditions from the Greek side, then from the Turkish. For Toynbee, guided as he was by Saint Augustine\u2019s injunction \u201cAudi alteram partem\u201d (Hear the other side), this was absolutely crucial. And he placed particular importance on listening to the side that was \u201cthe more in danger of not being given a fair hearing.\u201d As he said: \u201cIn the present conflict and controversy between Greeks and Turks, the Greeks were the vocal party once again. The Greeks had the ear of the West, and the West was in the ascendant in the world was familiar with the Greeks\u2019 case felt that it could take care of itself; the Turks\u2019 case was the one that must take pains to understand.\u201d This interesting use & abuse relationship between \u201cgift bearer and scholarship\u201d is probably a more frequent occurrence nowadays. Arnold Toynbee had not defended the Turks, nor was he a pro-Turk, he merely spoke out what he had observed, examined & physically witnessed for the 1st time, firsthand. In his own right Prof. Toynbee became one of the most important historians of the 20th century. Among his countless publications, the 12 volume analysis of the rise and fall of civilizations Study of History\u201d, 1934\u20131961 became his most celebrated work. Had he stayed in the shadows of his gift bearers, who knows maybe we would not have heard of his name except for the \u201cBlue Book\u201d. Therefore, the sometimes cozy & sometimes volatile relationship between wealthy businessmen, politics & scholarship and also between political scientists, political nationalists & businessmen with some sort of political ambitions here or abroad is nothing new. It brings out the beauty of studying history from different perspectives. With no known proven credentials on the topic of Turkish \u2013 Armenian \u2013 Greek relations in history, Prof. Tatz\u2019s one article in the Sydney Morning Herald has made him an overnight authority on the so called Armenian & Greek genocide debate in Australia. In all his consecutive studies expanding over 4 decades of research on mostly Australian Aboriginals, Monash country club & sports \u2013 race relations, Tatz can not claim more than 4 paragraphs on the issue of Armenians or Greeks to be his own studies or research. \u2014\u2014-oooo\u2014\u2014 Prof. Colin Tatz, article in the Sydney Morning Herald 8 Nov 2010 Denial of an ugly past is holding Turkey back ( 17k8f.html) Although the professor is a latecomer to this debate, he comes in swinging hard, with such claims even ultra nationalist Armenians have dropped, or do not dare to visit. According to Tatz, \u2018the Turks used gas chambers during WW1\u2019, along with other ferocious methods, but unfortunately Tatz\u2019s moral values prevent him from describing the other killing practices. In fact, if genocide is the issue, then it is certain that the number of losses or the printable- unprintable methods is not going to change its character. On the other hand, if a subject is being debated, it should be accepted that the data & circumstances given, have to reflect the truth, and that in a discussion which starts out with false & fabricated information, one cannot arrive at a correct solution. Without sharing all other \u2018unprintable atrocities, Prof. Tatz says \u201c\u2026Turkish attempts to annihilate 3 million Armenians and possibly 1 million Pontian Greeks and Christian Assyrians. At least 1.5 million Armenians were killed by bayoneting, beheading, bullets, butchering, crucifixion, drowning, elementary gas chambers, forced death marches, hanging, hot horseshoes, medical experiments, and other unprintable atrocities is the deliberate manipulation, by means of symbols (like words or images) of others thoughts. The propagandist tries to offset resistance to him/herself by presenting his thoughts as if they are rational or moral. The symbols are chosen in such a way that the reactors are expected to be influenced by their strong emotion-laden experiences. The propagandist tries to seize an emotional initiative & maintain an ascendancy that can create animosity. \u201cAt least 1.5 million Armenians were killed out of 3 million in the hands of the Turks\u201d ? Source(s), documents, evidence? Unknown, \u2026hearsay or \u2026 telltales most likely scripted by the genocide experts. Tatz & Diamadis both believe in round figures as often repeated by Diamadis, who now also claims that 1.5 million Greeks were victims of genocide. It is impossible not to realize, in the face of silence \u2013 the numbers keep inflating. Tatz had alleged (in 2010) that 1 million Greeks & Christian Assyrians (Assyrians are either Christians or irreligious, the emphasis is misleading) were victims of genocide. In 2012, the Greek victims are said to be 1.5 million & the Assyrians 750.000. Someone must have discovered new documents, or collected untapped census data others are yet unaware of, since there is more than 2 fold increase within 2 years. Nevertheless, the remaining unprintable atrocities Colin Tatz could not share with his reader would have been; starvation, disease, lack of shelter, relocation, intercommunal fighting & most importantly warfare (WW1). Since there is no mention in Tatz\u2019s paid work on the losses of the Ottoman Moslems, estimated to be more than 2 million, naturally his sources of study are false and presented to him in the realm of political propaganda. With all due respect to the Professor; Turkey in Europe by ELIOT, K.C.M.G. British Knight Diplomat, Commissioner of British East Africa in 1900-1904 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 61/143 Marine Biologist, British Ambassador to Japan in 1919-1925 Published 1908 / p.405 With regard to these stories of torture think a certain amount of circumspect scepticism is not amiss. No doubt the interiors of Turkish prisons present most of the horrors which can be caused by brutality and neglect. No doubt educated and delicate persons are confined in the same rooms as the lowest ruffians, who are allowed to treat them as they choose. No doubt, too, such rough punishments as the bastinado are freely employed. This is all very bad, but still it does not prove the truth of the \u201chellish\u201d and \u201cunutterable\u201d forms of torture of which the Turks are freely accused. These are often spoken of as being so terrible that the details cannot be given in print, but believe them to be largely the invention of morbid and somewhat prurient brains. Medical testimony makes it certain that no human being could survive the tortures which some Armenians are said to have suffered without dying.\u201c Published in 1908, seven years before the so called Armenian genocide. ( anzac-history/census/) Approx. figures of Armenians living in the Ottoman Empire. Approx. 1.5 million Ottoman Armenians in Turkey in 1915. ( babkenian-exploiting-anzac-history/armenian-population-values/) Year 1922 State Department Official Document 867.4016/816. Number crunching; 817.873 Armenian refugees from Turkey + 281.000 Armenians living in Turkey + 95.000 retained by Turkish authorities = 1.200.000 Armenians alive out of an average of 1.5 million (est.) \u2013 Known fact is there were 200.000 combatants & de-facto Armenian belligerents in various armies Russian, British etc. (figure provided by Armenian leaders & official representatives at various peace conferences). In 1922, total Armenian population; 3 million It is time that Americans ceased to be deceived by (Armenian) propaganda in behalf of policies which are nauseating\u2026\u201d [John Dewey, Columbia University professor, \u201cThe Turkish Tragedy,\u201d The New Republic, Nov. 1928] Prof. Tatz ridicules the Turkish response to such baseless accusations, which has always been diplomatic, harsh but peaceful & summarizes it with a creepy word \u201cdenial\u201d. The article is an echo of crumbling pseudo history, charged with bias & anything & everything but true scholarship which begs for tangible evidence. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 62/143 lot has changed since Prof. Tatz wrote his article in 2010 & quite naturally will continue to change. Probably most important of all is what Mr. Tatz lectures the Turkish Nation about, Turkey\u2019s full membership & it\u2019s accession process to Membership. According to the latest surveys in Turkey, the public opinion favourable of joining the has dropped to a record low %17 down from %78 in 2004. Denial of an ugly past is holding Turkey back ( 17k8f.html) Genocide allegations do play a role in directing the course of Turkey relations. For instance, the European Parliament (EP) recognized the Armenian genocide on 18 June 1987. Thereupon, it requested that the European Commission accept the recognition by Turkey as a precondition for membership. Nevertheless, the explicitly expressed that one could never expect the Republic of Turkey to be found responsible for an event carried out by the Ottoman Empire, and so give legal or monetary reparations. The EP\u2019s standing towards the Armenian question has changed in recent years and the appreciated the Turkish Government\u2019s call for establishing a joint commission to investigate the details pertaining to the genocide allegations. While accepting that recognizing the Armenian genocide is not one of the Copenhagen criteria, the argues that Turkey should face its past. The European Commission (EC) approaches the issue differently and clearly expresses that genocide allegations have nothing to do with Turkey\u2019s membership process. The most up-to-date example of EC\u2019s approach to the Armenian question is the attitude taken by Olli Rehn while the French Parliament was voting the bill \u2018criminalizing rejection of Armenian genocide\u2019. Olli Rehn stated that the said bill could damage Turkey relations & warned the French parliamentarians to think once more before using their votes in favour of such a bill which is only political. So leaving \u2018ugly\u2019 aside for a moment, the 2012 polls tell us that %76 Turks (surveyed) believe that \u201cEuropean prejudice & Islamic Hysteria\u201d is the main factor behind E.U. delaying Turkey\u2019s accession as a full member. Vice versa, among almost every poll published in Europe, although the rates vary significantly between different countries, the public opinion opposing Turkey\u2019s entry into the Christian Club admit their fears stems from Turkey\u2019s population being almost entirely Muslim. One of Turkish PM\u2019s official vehicles. *Contrary to Prof. Tatz\u2019s ill intentioned, baseless allegations,\u201c\u2026threats to sever diplomatic relations with France over the latter\u2019s parliamentary declaration that there was such a genocide; replacing the Turkish Prime Minister\u2019s Renault with an inferior Russian limo Turkish President, Prime Minister, Army officer, Minister, Diplomat, Bureaucrat in living memory has used a Russian Limo or any other Russian vehicle for official, diplomatic, private or state affairs purposes, which according to Tatz is inferior to a Renault. This is nothing but a shameful bizarre smear from the \u201cgenocide scholar\u201d who has now become a \u201cCars Guide\u201d editor. In fact, Turkey has been exporting Renault since 1969 from its own plant, now to more than 100 countries worldwide on average of 300.000 vehicles manufactured anually. The Turkish State\u2019s vehicles for high office have mostly been Mercedes &/or or locally built other vehicles including Renault. Global car manufacturers with production plants in Turkey include Fiat, Renault, Hyundai, Toyota, Honda & Ford. Turkey is the 16th biggest vehicle manufacturer in the world. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 63/143 ( content/uploads/2012/11/colin-tatz-intent-to-destroy-propaganda-book.jpg) Whether it is Colin Tatz who sumbitted the article \u201cDenial of an Ugly Past\u201d to the National Times remains to be seen. However, the primary source for the news of \u201cthe Turkish Prime Minister\u2019s tantrum & his supposedly swapping of the French Renault with a Russian Limo\u201d, is Prof. Tatz\u2019s own publication (if this can be defined as academic research) published in 2003 \u201cWith Intent to Destroy\u201d. The Turkish State using a Russian vehicle for official purposes would be the equivalent of Australia\u2019s Prime Minister changing her/his Australian manufactured Holden with a Chinese built \u2018limo student of political science with the slightest interest in world affairs would know this. Tatz also claims to have been the \u201crecipient of the Turkish Denialist endeavours\u201d, which he graciously attributes to the Turkish character, despite complaining about the lack of scientific research linking the two. Nevertheless, Tatz dares to add his own 5 point contribution in this field with xenophobic, racist theories in his following paragraph. If Turkish Ambassador Oguz Ozge\u2019s response to Tatz is any indication of the Turkish State\u2019s interference in academic research, Tatz should take it very kindly. Oguz Ozge acknowledges the Armenian sufferings & respects the Armenian sensitivity, but only requests (even if not balanced) some respect be shown to the Turkish view of events. He also adds (within diplomatic norms) that history is not a matter for legislators to exploit for political reasons but rather a scientific discipline which should involve all parties not only one. Professor Colin Martin Tatz, unaware that the Australian Ambassador to Russia, seated in Moscow, is concurrently responsible for Armenia. 16 Nov 2010 / SMH. Response from Turkish Ambassador Oguz Ozge ( responds-to-professor-tatz-20101116-17ux1.html?rand=1289864023646), makes a fair point in his response to Prof. Colin Tatz (excerpt). 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 64/143 ( Former Turkish Ambassador Oguz Ozge. \u201cLast but not least wish to point out that in the past few years new claims have emerged whereby Greeks and Assyrians were also included in the list of victims by the Ottoman Empire. The scope of the so-called \u201cgenocide\u201d list has now been further extended so as to cover the Christian population living under the Ottoman Empire. As an extension of that line of thinking it would have been misleading to exclude Anzac soldiers from such list, if the Christians had fallen victim to the so-called \u201cgenocide soldiers & if possible British, French, Russian etc. all Christian soldiers should be included as well. The imbalanced article in the SMH, and we can only guess, was perhaps scripted by Australia, who have political & financial stakes in the outcome which overides all scientific research of the question. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 65/143 ( content/uploads/2013/03/oguz-ozge-letter-robert-kaplan-pseudo-historian.jpg) Turkish Ambassador Oguz Ozge\u2019s letter to Radio, refuting Psychiatrist Robert Kaplan\u2019s one-sided allegations. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 66/143 ( content/uploads/2013/03/oguz-ozge-letter-on-assyrian-websites1.jpg) Oguz Ozge kindly sends a copy to Robert Kaplan as well, which ends up on Assyrian websites as propaganda material ( as though the Turkish Ambassador is interfering in their so called academic research. Within 5 days, the above letters are uploaded to the Assyrian International News Agency pages, where Robert Kaplan interestingly uses as base to post his online reply with the following; \u201cDenial Flows All the Way to the Turkish Embassy in Canberra ( Judged on its own merits, this alone underlines the Ambassador\u2019s concerns regarding Robert Kaplan\u2019s neutrality and validates the lack of integrity Kaplan has in handling his files & research matters. In the article, Kaplan does not address the Ambassador directly but tries to give a brief history lesson, as if he were a historian (as the Assyrians, Greeks, Armenians present him). 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 67/143 ( armenian-lobby-hired-speaker.jpg) Robert Kaplan, is a historian according to the Armenian propagandists who have (in the true sense) hired him as the keynote speaker of the 96th anniversary event. ( content/uploads/2013/03/robert-kaplan-hired-propagandist-pseudo-historian.jpg) Where in fact Dr. Robert Kaplan is a Psychiatrist specializing in workers comp. insurance, immigration, file review etc. cases and is at the same time a professional public speaker for hire. Prof. Tatz offers his humble assertion on the road for reconciliation; \u201cThere is, of course, a way forward: an admission of truth about the events; a genuine opening of all the Ottoman archives to obviate the old Turkish chestnuts about \u201cawaiting the verdict of historians\u201d and \u201cArmenian revolutionaries engaged in civil war\u201d; an offer of regret, or apology, *even one leavened by a limitation on reparations. That way Turkey can more readily enter the European Union and the comity of nations.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 68/143 Comity of nations; courtesy between nations, as in respect shown by one country for the laws, judicial decisions and institutions of another. e.g. \u2013 for nearly a century through Gallipoli the Turks & Australians & New Zealanders. * Magic phrase reserved for the end, just before offering a moral practical reason. Showing the way forward; starting with \u201ceven one\u201d as if it were the least important issue (reparations). Tatz\u2019s narrative are well known & repeated conditions & demands put forward by the renown Armenian propagandist in the U.S., who runs a genocide enterprise through his media business & fundraising organizations \u2026 ( Turkey has been a long time member of comity of nations, although it is obvious what Tatz is implying here\u2026 Turkey is a founding member of the United Nations, the Organisation for Economic Co-operation & Development (OECD) & the Organization for Security and Co-operation in Europe, a member state of the Council of Europe since 1949, and of since 1952. Since 2005, Turkey is in accession negotiations with the European Union, having been an associate member since 1963. Turkey is also a member of the G20 industrial nations which brings together the 20 largest economies of the world. Turkey is also member of the World Trade Organization (WTO). It has signed free trade agreements with the European Free Trade Association (EFTA), Israel, and many other countries. In fact, Turkey became a signatory to (Association of Southeast Asian Nations) Treaty of Amity and Cooperation in Southeast Asia (TAC) on 23 July 2010. Other institutional relations between Turkey & world/regional organizations can be found here \u2026 Republic of Turkey / Ministry of Foreign Affairs ( Turkey: Neither West nor East, but up. Jos\u00e9 Ignacio Torreblanca / 10 June 2011 Spanish (excerpt) While Europe was debating whether to take in or keep out Turkey and allowed itself the luxury of ignoring or even openly despising the country, the Turks challenged all the stereotypes and forged a success story. Some even speak of \u201cIslamic Calvinists\u201d to describe the new, successful and proud Turkish entrepreneurial class that has emerged in the most dynamic cities of Anatolia. That poor and illiterate Turkey that has so often been painted for us, supposedly full of ignorant Anatolian peasants eager to storm the fortress of Europe\u2019s welfare state, is no longer there. On the streets of Rabat, Tunis and Cairo, Europe has ceased to be the model. The new model is Turkey, a country that proves you can be both Muslim, democratic and prosperous, and even have a foreign policy not subject to the dictates of the West. Emerging from a Mediterranean region riddled until recently with submissive authoritarian regimes, Erdogan\u2019s Turkey points very well to a future of proud and independent democratic regimes that will not hesitate to point the finger at Europe and publicly embarrass the continent when Europeans apply double standards towards Israel, open markets, human rights, nuclear proliferation or immigration. Never before have the Turks lived so well and faced the future with such optimism\u2026\u201d Israel Apology; 23 Mar 2013 ( flotilla-deaths/story-e6frg6so-1226603952915) \u2013 \u201cPrime Minister Netenyahu expressed an apology to the Turkish people for any error that may have led to the loss of life, and agreed to complete the agreements for compensation\u201d. Israeli Office Israel National News 24 Mar 2013 ( \u2013 Israeli President, Shimon Peres can think of a thousand reasons why Turkey and Israel should be friends cannot find one reason why they shouldn\u2019t be friends.\u201d Israel\u2019s Haaretz \u2013 28 Mar 2013 ( \u2013 The world will now turn its eyes toward Turkey and learn from it that, unfortunately, this is how you have to deal with Israel. Tatz, proven to be loyal, sensitive and extremely familiar with the Armenian propagandist\u2019s demands. After lecturing the Turkish Nation & its government on moral values & how to best protect its interests when dealing with the comity of nations, he himself must be lacking deep faith in the so called evidence substantiated so far & unknowingly acknowledges there is still room for more fact finding (obviously one sided) with \u201ca genuine opening of all the Ottoman archives to obviate the old Turkish chestnuts\u2026\u201d as though Tatz would have any interest in going through the archives. Colin Tatz still carries a glimmer of hope that one day Document\u2019 of such great importance will be found to convict the Turk of a premeditated crime systematically perpetrated with intent to destroy a people because of their religion, race, colour etc. by any/all means of unprintable cruelties. We can confidently affirm, Tatz hasn\u2019t read anything at all yet alone researching the topic. Examining the few articles! that have been published under his name far, he has no case at all. It is hard to believe Colin Tatz would have any interest in the Ottoman archives, other than using this longtime parroted narative as an argument. Prof. Erich Feigl / Documentary Producer / Author spent several hours with Dr. Libaridian in his office in Cambridge, Massachusetts and had an extremely interesting conversation with him. Dr. Libaridian is a brilliant man, bubbling with vitality, knowledge, talent, and self-confidence. One could write a very compelling play based on my conversation with him kept notes of my host\u2019s most provocative statements in this fascinating discussion. Several times he mentioned the so-called \u201cAndonian papers\u201d. Since it seemed reasonable to assume that Dr. Libaridian knew that the papers were forgeries did not want to waste a single word on the subject. There were so many other, more interesting things to talk about. But remarkably enough, he stuck with Aram Andonian\u2019s book and its \u201cdocuments\u201d. Finally had to say, \u201cBut Doctor Libaridian, you know as well as that these \u2018Andonian papers\u2019 are forgeries will never forget Dr. Libaridian\u2019s answer or his facial expression as he replied simply and briefly to my reproach: \u201cAND?\u201c \u2026 and will never forget that answer. It was not even cold; it was casual, matter-of-fact reply to one who has long since found other strategies but does not even bother to clean house, since he knows that the old dirt can be swept under the rug of history and \u2014 who knows? \u2014 maybe someday it will come in handy again to help obscure the truth.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 69/143 \u2013 The \u201cAndonian Documents\u201d, first printed as early as 1920 by Hodder & Stoughton, have been utilized by certain circles as \u201cproof\u201d of deep Ottoman Government involvement in the loss of life of Armenians in 1915. Aram Andonian was a hitherto-unknown Armenian who allegedly received those manuscripts (including the assumed orders of Talat Pasha) from a minor Ottoman official called Naim Bey, working in the Rehabilitation Office in Aleppo, Syria. The book takes care to condemn the whole Turkish nation, an effort sociologically unsound and academically invalid. While in the book and in a letter of June 10, 1921, author Andonian states that the \u201cdocuments\u201d were handed to him by the \u201chumanitarian\u201d Turk free of charge (Naim Bey turning down all suggestions of payment), the same Andonian in his letter, dated July 26, 1937 (addressed to a certain Mary Terzian, living in Switzerland) declares that the Armenians paid for every \u201cdocument\u201d that they got from him-who is now described as an alchoholic, a gambler, a lover of money and entirely immoral. If the latter description is true, then why did Andonian wait for seventeen years to give a correct account? It may be that a realistic description would create suspicion on the very authenticity of the \u201cmemoirs\u201d and \u201cdocuments\u201d. Andonian was not trying to protect Naim Bey, but preserve the acceptability of his \u201cdocuments\u201d. (Scholarly analysis of the Andonian Papers. ( Lisan=en&Page=YayinIcerik&IcerikNo=184)) (Gerard Libaridian currently holds the Alex Manoogian Chair in Modern Armenian History at the University of Michigan. From 1991 to 1997, Dr. Libaridian served as an adviser, and then senior adviser to the former President of Armenia, Levon Ter-Petrossian, as First Deputy Minister of Foreign Affairs (1993-1994). Prof. Dr. Stefano Trinchese Director of Arts and Social Sciences Department University of Chieti-Pescara / Italy \u201cIt is not true that Turks hinder or forbid visits to the archives went to Istanbul and visited the archives. It is true that had some difficulties, but had these kinds of difficulties in Italy, as well could not enter the archives in Armenia wrote a letter, but they have not even replied have never been able to gain access would be very happy if it were possible.\u201d Emeritus Professor of history Stanford Shaw Editor in Chief \u2013 International Journal of Middle East Studies \u201cThe Ottoman archives in Istanbul are in fact fully open. Since moving to its new location at Sultan Ahmed Square it has been thronged with researchers. Usually several hundred scholars, young and old, Turkish and foreign (including scholars from Armenia and Greece) are studying there at all times. To say that these are a few persons selected by the Turkish government is absurd. The only persons know to have been excluded from the archives are a very few persons who have abused the employees or who have attempted to steal documents. When first came to these archives forty years ago, it employed a few elderly gentlemen able to read the old script, and their cataloging went very slowly. The archives now has a large staff of catalogers, and it has made available an amazing variety of all sorts of important documents, including the files of the Ministry of the Interior and the Secret Police, the complete archives of Sultan Abdulhamid II\u2019s Yildiz Palace, large amounts of secret correspondence stemming from the Young Turk period \u2014 and more is being made available every month. The materials concerning Armenians have all been microfilmed, with Xerox copies made available in bound volumes in the reading room. Copies of these microfilms also were sent to the U.S. Library of Congress and other national libraries throughout the world.\u201d In 1919 while Istanbul (Constantinople) was under British occupation, the British High Commission in Istanbul, utilizing Armenian informants, arrested 144 high Ottoman officials & deported them to the island of Malta for trial on charges of \u201coutrages committed against Armenians\u201d. While the deportees were interned in Malta, the British appointed an Armenian scholar, Mr. Haig Khazarian, to conduct a thorough examination of the Ottoman, British and U.S. archives to substantiate the charges. Though having complete access to all Ottoman records (now under British control), Khazarian\u2019s corps of investigators discovered an utter lack of evidence demonstrating that the Ottoman officials either sanctioned or encouraged killings of Armenians. The British Prosecutor General of the Inter-Allied Tribunal exonerated and released all 144 detainees \u2013 after two years & four months of detention without trial. Professor Colin Tatz / Editor of \u201cGenocide Perspectives\u201d \u2013 \u201cWith Intent to Destroy\u201d / Essay of \u201cAustralian Perspective\u201d from Vicken Babkenian. Prof. Colin Tatz, article in the Sydney Morning Herald 8 Nov 2010 Denial of an ugly past is holding Turkey back ( 17k8f.html)fi 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 70/143 Genocide is a crime defined as \u201cthe deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group\u201d. WW1 was indeed ugly for all parties involved, Turks, Kurds, Armenians, ANZAC\u2019s, French, British, Russian, Arabs, Greeks, etc. etc. However, what is even uglier is the propaganda which subsequented people\u2019s actions back then which served as a catalyst for intercommunal fighting, continues to resonate in year 2012 in the form of injustice & prejudice where some historians are able to form an opinion within 24 hours & lobbyist scholars of genocide who bring nothing new to the debate \u2013 turn to racist propagandists for essays to enlarge their volumes of work. \u2014\u2014-ooooo\u2014\u2013 Lord Arthur Ponsonby, 1871 \u2013 1946 / British politician, writer, and social activist. Parliamentary Under-Secretary of State for Foreign Affairs in 1924. Co-founder of Union of Democratic Control (UDC), which became a very prominent anti-war organisation in Britain. (\u201cFalsehood in War-Time,\u201d New York 1928 circular was issued by the War Office inviting reports on war incidents from officers with regard to the enemy and stating that strict accuracy was not essential so long as there was inherent probability (p 20). Atrocity lies were the most popular of all, especially in this country and America; no war can be without them. Slander of the enemy is esteemed a patriotic duty (p 22). It is impossible to describe all the types of atrocity stories. They were repeated for days in brochures, posters, letters and speeches. Renowned persons, who otherwise would be hesitant to condemn even their mortal enemies for lack of evidence, did not hesitate to accuse an entire nation of having committed every imaginable savagery and inhuman action (p. 129). \u2014\u2014\u2014oooo\u2014\u2014\u2013 Nevertheless, there is a way forward for Professor Colin Tatz. First, he could start by apologizing to his fellow scholars & genuine educators for bringing the values of critical thinking & the merits of research into disrepute. He must then genuinely ask himself the question, \u201cWhy have allowed myself to be manipulated by a group of ultra-nationalist youngsters who have various interests in the matter, other than balanced & sincere academic research. Am consumed with prejudice or am another aversive racist among many in a diversely multicultural society? \u201c Tatz could then explain his sponsorship dealings with the Armenian National Committee of Australia, the Pontian Greek Associations & the Australian Hellenic Council starting from 1998 until 2010; Despite being set up as a tax exempt charitable institution, the Australian Institute for Holocaust & Genocide Studies has been involved in commercial activities on many occasions such as; organizing public events, publishing books, giving seminars \u2013 courses, soliciting & distributing advertisement for the Greek & Armenian cause. Prof. Tatz, having served as the Director of the for more than a decade,must come forward & explain what amount of revenue has been devoted to charitable purposes, & most importantly what charitable activities have been carried out with these profits? Has the pseudo institute received any \u201cTaxpayer funding\u201d under the \u2018Multicultural Advantage Grants Program\u201d or any other Government programs or has it relied purely on charitable donations from the community similar tax evasion scheme set up in the by the very same Armenian National Commitee of America (of which Australia is a chapter) was disrupted by the law courts back in the 1940\u2019s. ( inc/) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 71/143 ( content/uploads/2012/11/australian-institute-holocaust-genocide.jpg) Australian Institute for Holocaust & Genocide Studies. One of many grants received by the from government community programs, such as above (in 2007) from the Government \u2013 Community Relations Commission, headed by an Armenian Australian, Stepan Kerkyasharian, Chairperson & Chief Executive Officer. Mr. Stepan Kerkyasharian is also the President of Anti-Discrimination Board as well as a mentor leader of Galstaun College\u2019s Yeretz Program ( a youth development program for Armenian Australian scouts of Galstaun School. ( stepan-kerkyasharian-foreword-bob-carr.gif) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 72/143 Foreward by Stepan Kerkyasharian (born in Cyprus in 1943 to Armenian parents), to then Premier Bob Carr\u2019s speech at Willoughby Town Hall, sic. \u201cOn the Occasion of the 82nd anniversary of the Armenian Genocide\u201d 24 April 1997 genuinely respected Armenian gentleman Stepan Kerkyasharian, never attends an event which might also give a platform to views that might contest those of his Armenian community, but also never misses an opportunity to vent his own venom, although his position requires him to be unequivocally non-partisan. Defining Premier Bob Carr\u2019s speech (full of factual errors) as scholarly, especially to children, begs serious correction before being presented to young minds. ( content/uploads/2013/03/dsc9689.jpg) Mr. Stepan Kerkyasharian, Mr. Varant Meguerditchian, Mr. Greg Soghomonian at a genocide lecture sponsored by the ANC, conducted by Prof. Tatz\u2019s in 2008, bizarrely a recipient of Kerkyasharian\u2019s Gov. multicultural programs funding. Because aversive \u201cracists\u201d endorse egalitarian values, their biases do not manifest in situations where there are clear social norms of right and wrong. To discriminate in such situations would compromise their egalitarian beliefs. In these situations, aversive racists are motivated to avoid actions that could be associated with racist intent. Instead, aversive racists may discriminate in situations in which the guidelines for appropriate social behavior are unclear, when the basis for decision making is vague, or when their actions can be justified or rationalized on the basis of some factor other than race. In these situations, their unconscious thoughts and feelings may contribute to discriminatory behaviour wide variety of empirical research supports the effects of nonconscious prejudice on aversive racists\u2019 behaviour. These studies include experiments in emergency and nonemergency helping behaviors, selection decisions in employment and college decisions, interpersonal judgements, and policy and legal decisions. Stepan Kerkyasharian says; \u201cMy parents were refugees and they survived the genocide of the Armenians in 1915\u201d, while receiving his award in 2011 on Australia Day for \u201cdistinguished service to the community through leadership and advocacy roles in a range of multicultural and anti-discrimination organisations, to the development and implementation of public policy, and to the promotion of an inclusive society.\u201d ( content/uploads/2013/03/armenian-youth-cultural-festival-nsw-2012.jpg) 2012 Armenian Cultural Festival in Sydney organized by Hamazkaine & Homenetmen \u2013 Sister Organizations to Galstaun College NSW. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 73/143 ( content/uploads/2012/11/armenian-relief-joe-hockey-funding-anc.gif) Lebanese-Armenian Joe HOCKEY, Federal Cabinet Minister of the Australian Parliament securing 1.4 million funding for the Armenian Relief Society at the request of the Armenian National Committee of Australia, both managed from 259 Penshurst St. Willoughby NSW, one month prior to the Nov 2007 federal elections in Australia. At a time when Australian hospitals are closing beds due to insufficient funding, an Armenian charity organization (Armenia has neither a consulate nor an embassy in Australia) is being granted 1.4 million AU$ from the federal government, without any public knowledge of safeguards nor accountability for such a vast expenditure. Until lions have their own historians, tales of the hunt shall always glorify the hunter\u201d ( joe-hockey-anc-2011.jpg) Honorary President of the & Chairperson of its related organs, Galstaun College Yeretz leader along with Gladys Berejiklian & Stepan Kerkyasharian; Mr. Greg Soghomonian (left) with former cabinet minister at that time \u2013 current Shadow Treasurer of Liberal Party, Lebanese Armenian, Chair of Armenia-Australia Parliamentary Friendship Group, Hon. Joe Hockey \u2013 Image; the lavish Banquet, 25 Nov 2011. ( content/uploads/2013/03/joe-hockey-armenian-lobby-mouthpiece-anc.jpg) Watch ( Armenian Australian, Shadow Treasurer, Liberal Party Member, Joe Hockey (flanked by 2 other Liberals \u2013 John Alexander & Paul Fletcher) all parroting a 3 min. scripted text by the Armenian lobby with extreme difficulty. May 2011. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 74/143 Exploring various perspectives as a way to arrive at a wider understanding of Australia\u2019s triumphs & failings on the Western & Near Eastern front (fighting the Turks) should be a common denominator for the peace & stability of our future generations. History is the only subject in our schools that has the power to speak to everyone\u2019s cultural identity in a multicultural society and unfortunately there seems to be a rising trend to divide rather than unite, misinform rather than to educate, instigate hatred rather than to teach tolerance & peaceful coexistence. ( diamadis-vicken-babkenian-exploiting-anzac-history/vicken-babkenian-dr-panayiotis-diamadis-3/) Discouraging future Australian generations in researching Australia\u2019s involvement in the Armenian Question, with poisonous pseudo-history mentored by Mr. Panayiotis Diamadis & Mr. Vicken Babkenian, who according to the Armenian National Committee of Australia are, \u201cEducation Professionals & Genocide Experts\u201d. According to the research section of the Armenian Historical Society, they are indebted to Diamadis & Babkenian for \u201cthe research efforts which provided valuable material\u201d to their website. Far from it, in fact, the reviewer/educator/student is encouraged to conduct his/her own research ( Armenian Historical Society of Australia, another registered business at 259 Penshurst Street Willoughby 2068 managed bythe Armenian National Committee of Australia. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 75/143 ( content/uploads/2013/03/p-diamadis-v-meguerditchian-genocide-enterprise.jpg) Australian Hellenic Council Press Release, 5 Dec 2011. An initiative of the Greek, Armenian & Assyrian genocide enterprise, teaching one-sided, unscientific, baseless hate propaganda to young minds in Australia. There is no such topic as the so called Armenian etc. genocide in the history Syllabus ( unless these gentleman are breaching & violating the Syllabus, which is designed by genuine educators with careful consideration & participation. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 76/143 ( content/uploads/2012/11/panayiotis-diamadis-riverview-st-ignatius-college.jpg (History Teachers\u2019 Association of Australia) 2012 National History Conference, 2nd-4th October 2012, Perth College. Panayiotis Diamadis promoting the (AGEWA) the Armenian Genocide Education Website Australia project of the Armenian Historical Society of Australia (AHSA) designed for secondary school students between years 7 and 12. ( babkenian-exploiting-anzac-history/fake-historians-diamadis-vicken-babkenian/) Panayiotis Diamadis, Genocide Expert (left) & Vicken Babkenian \u2013 Education Specialist, and sometimes the other way around. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 77/143 ( diamadis-vicken-babkenian-exploiting-anzac-history/diamadis-director-of-armenian-greek-telltales/) Too many cooks in the kitchen. Director at the Australian Institute of Holocaust & Genocide Studies official flyer. 5th of Jan 2011 Meguerditchian reaffirmed support for the research work undertaken by Dr Diamadis. \u201cHis studies are a fundamental component in the work of the as we struggle for recognition of the Armenian Genocide in Australia,\u201d he said. \u201cWe welcome all Armenian-Australians to share Dr Diamadis\u2019 findings.\u201d ( content/uploads/2013/03/panayiotis-diamadis-pseudo-history-teacher-exposed.jpg) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 78/143 Organised by the University of Salzburg and the University of Wolverhampton as a conference on \u201cChildren and War: Past and Present\u201c, not as the \u201c2010 Genocide Seminar\u201d. The event held at the University of Salzburg, Austria, on 30 September \u2013 2 October 2010, consisted of 40 or so groups including students who held workshops among themselves supervised by academics. Participation fee US$ 200, no travel or other expenses covered. ( content/uploads/2013/03/panayiotis-diamadis-pseudo-history-teacher-exposed-ii.jpg) Diamadis manages to fool the organizers i.e. he is in fact a history teacher at St. Andrews Catholic School in 2010, before working at Riverview College. Directorship of the (sponsored by the Greek, Armenian, Assyrian lobbies) a non-descript organization which has no known location, contact details and only surfaces at relevant events of its sponsors and then vanishes into thin air, this is totally misleading & also challenges Prof. Tatz & Babkenian\u2019s claim to the title. ( Krikor Soghomonian aka Greg Soghomonian. Honorary President, Political Advisor, Chairman of Australia. ( Vache Kahramanian, current Executive Director of the Armenian National Committee of Australia. (Financial Accountant) ( nsw.jpg Australia Communications Director \u2013 Haig Kayserian. (Public Relations \u2013 Webmaster of related websites & business partner of Soghomonian Jr.) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 79/143 ( Hovig Melkonian \u2013 Armenian National Committee (ANC) Melbourne Representative. (Student) ( australia.jpg Community Relations Director \u2013 Mr. Stephen Abolakian. (Property Developer) ( australia.jpg) Aram Serkey Tufenkjian \u2013 Political Director of / Chairperson of the Armenian Youth Federation of Australia. (Student) Major General Lionel Dunsterville Commander of The Dunsterforce \u2013 Personal Diary / 1918 September 1st; Well Baku still holds out though truly it is just a prolonged miracle \u2013 there is no order or discipline in the town, the 5 Dictators Yermakov, Lemlin, Verluntz and 2 others are as weak as water, they are all young, about 25 to 30 and do not believe in councils without grey-beards\u2026 ( content/uploads/2012/11/khajaque-kortian-soghomonian-boyadjian.jpg) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 80/143 Left to right Board of Directors; Krikor aka Greg Soghomonian, Vache Kahramanian, Haig Kayserian, Seto Boyadjian lawyer, former Executive Director of America), Khajaque Kortian. April 2010 ( content/uploads/2012/11/armenian-panel-of-ultra-nationalists-australia.jpg) Beyond Recognition? Illustrious panellists discussing the Foreign Affairs matters of Armenia Armenians, despite most of them not having set foot on Armenian soil with the exception of tour packages. Panellists full time day jobs; 1 Liberal Party Member \u2013 current Transport Minister 2- Director, private company 3- Government relations professional (lobbyist) 4- e-Bay government relations adviser (lobbyist) 5- Jewellery Store Owner/Manager 6- Student illustrious; \u2026notably or brilliantly outstanding because of dignity or achievements or actions : eminent ANC\u2019s lobbying activities have gained mind boggling momentum coinciding with Gladys Berejiklian\u2019s appointment as the Transport Minister, where in return she has given her brethren community undeserved access to parliament members and to state politicians from all parties. Berejiklian herself has served as a Director at the for more than a decade. Her recent activism besides that of her day job as a minister has been, hosting events for recognition ( of the independence of Nagorno Karabakh (Azerbaijan territory under Armenian occupation), thus becoming the 1st legitimate parliament worldwide to pass such a motion, despite the lack of such a recognition \u2013 even by the Armenian Parliament. Although this motion bill carries no diplomatic weight and literally means nothing on the international stage, however it does in many ways expose the Parliament\u2019s incompetence in interpreting universal diplomacy and foreign affairs. The Nagorno-Karabakh Republic is recognized only by three other non states with limited recognition: Abkhazia, South Ossetia and Transnistria. And now also by the Parliament\u2026 Read Rev. Fred Nile\u2019s statement, ( a clergyman & politician with little to no known interest in foreign affairs \u2013 who would normally not be able to find Nagorno Karabakh on the world map recognizes Nagorno Karabakh. Since the Armenian occupation almost 2 decades ago, Nagorno Karabakh has been a on theff 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 81/143 Ministry of Foreign Affairs travel list ( The Australian exception being Hon. Walt Secord, whose trip was facilitated by the ( in Dec 2011, defying travel warnings to study life conditions in that region. Draw your own conclusion\u2026 ( content/uploads/2013/03/armenian-lobby-fred-nile-affair-nsw.png) It is highly unlikely Reverend Father Christian Democrat Leader, Hon. Fred Nile conducted any research on the matter, at least known publicly. There is nothing to suggest to us, his frequent appearance alongside the Directors of the Armenian National Committe of Australia is due to his humanly concern to what happened to the Armenians almost a century ago on the other side of the world, in Eastern Anatolia. An audit carried out by the Parliament (June 2010) on workplace computers, where a State Minister was sacked by the former Premier Mrs. Keneally, revealed that right-wing Christian fundamentalist Fred Nile was the most keen researcher of adult content which registered over 200 000 hits. Rev. Fred Nile at first categorically denied the allegations, then later admitted his staff had used his log-on for \u201cresearch purposes staffer for Mr Nile, David Copeland, confirmed he had viewed sites to research the activities of the Australian Sex Party and also the proposed internet filter. Hon Amanda Fazio ( conducted an investigation & audit of the audit, finding that the audit was unauthorised and inaccurate. Ironically the sacked Cabinet Minister Paul McLeay never got his job back (he was honest to admit his wrongdoing). When Rev. Nile was asked what this would do for his reputation as a moral crusader, Reverend Nile replied suppose it may confuse some people\u2018. The great secret that all old people share is that you really haven\u2019t changed in seventy or eighty years. Your body changes, but you don\u2019t change at all. And that, of course, causes great confusion\u2026\u201d Doris Lessing \u2014\u2014\u2014\u2014\u2014oooooooo\u2014\u2014\u2014\u2014\u2014 America and the Armenians The Reno Evening Gazette U.S. / November 14, 1915 ; \u201cHaving imposed upon a committee of well-meaning but admittedly prejudiced American missionaries, the same agencies that have been engaged in reporting Armenian outrages which never had been committed are now trying to mislead Christian charity in America and Switzerland into furnishing funds for the relief of the supposed victims of the unspeakable Turk. It would not matter, so far as the country at large is concerned, but unfortunately there is danger that a self-sufficient person like President Woodrow Wilson will accept these stories of atrocities as truth, with no further evidence than the statements of Armenians who are directly interested in raising money for the support of themselves. Professional beggars who have bled their own countrymen for years are now trying to induce kindly Americans to support them, not caring for whether the United States would or should not be embroiled with Turkey and through Turkey with Germany. Ambassador Morgenthau appears to have fallen a ready victim to the same smooth rascals that, by apocryphal tales of outrages, have procured contributions from their Armenian countrymen abroad and in this country and have lived in luxury on the proceeds for the last 30 years. The ambassador seriously notified the state department that the Turks had slaughtered \u201cthe majority of the Armenians of Asia Minor.\u201d This \u201cmajority\u201d now turns out to be 32,000 known to be hostile to Turkey and, therefore, dispossessed of their homes in Erzerum and Zeitun and interned in a district where they could be watched by Turkish troops \u2014 not killed, nor even dying. The English have done no more with German residents and even with English subjects of German birth and the Germans have done the same with English residents of the German states. If this country, therefore, does not want to appear foolish before the whole world it will refuse to be duped by impossible tales and will let the Armenians severely alone.\u201d Nemo iudex in causa sua\u201d * * \u201cNoone should be a judge in their own cause\u201d. It is a principle of natural justice that no person can judge a case in which they have an interest. No person can be the victim, the juror, prosecutor & judge at the same time. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 82/143 The religious toleration of the Ottoman Government was complete and the state never in any way interfered with what the Christians did or taught in the schools or the churches. It was impossible to desire more absolute liberty of worship or teaching.\u201d [Gratan Geary, \u201cThrough Asiatic Turkey\u201d (London, M.S. and R. Sampson, 1878)] ( content/uploads/2012/11/lucrative-armenian-genocide-industry.jpg) According to a Christian Missionary who cables through London the following \u201cArmenia is at her last gasp. The work of extermination continues. The number of people massacred reaches 100,000 and half a million survivors have taken refuge in the forests and mountains, where they are feeding on herbs and roots. Hunger & cold have begun to make ravages among them. In the name of humanity & Christianity, save us STREET) The pamphlet is taken up mostly by the address of Herant M. Kiretchjian, Secretary of the association, delivered before the Church Club, New York, Oct. 30 1895. Official dispatches from Sep 1896, 8 months later \u2013 suggest otherwise. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 83/143 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 84/143 ( ( Ambassador Morgenthau\u2019s Story \u2013 Published 1918 by Henry Morgenthau Ambassador to the Ottoman Empire 1913-1916 XII. \u201cSoon after the bombardment of Odessa was closeted with Enver, discussing the subject which was then uppermost in the minds of all the foreigners in Turkey. How would the Government treat its resident enemies? Would it intern them, establish concentration camps, pursue them with German malignity, and perhaps apply the favourite Turkish measure with Christians\u2014torture and massacre? Thousands of enemy subjects were then living in the Ottoman Empire; many of them had spent their whole lives there; others had even been born on Ottoman soil. All these people, when Turkey entered the war, had every reason to expect the harshest kind of treatment. It is no exaggeration to say that most of them lived in constant fear of murder. The Dardanelles had been closed, so that there was little chance that outside help could reach these aliens; the capitulatory rights, under which they had lived for centuries, had been abrogated. There was. really nothing between the foreign residents and destruction except the American flag. The state of war had now made me, as American Ambassador, the protector of all British, French, Serbian, and Belgian subjects realized from the beginning that my task would be a difficult one. On one hand were the Germans, urging their well-known ideas of repression and brutality, while on the other were the Turks, with their traditional hatred of Christians and their natural instinct to maltreat those who are helplessly placed in their power.\u201d Published in 1918, the Ambassador Morgenthau makes reference to the bombardment of Odessa & soon after this his conversation with the Ottoman Minister of War. The Battle of Odessa was an Ottoman naval attack against the Russian held port of Odessa, Ukraine in October 1914. In response to the raid Russia declared war on the Ottomans on November 1, 1914. Given the importance of the event & Russia having declared war against the Ottomans, Morgenthau\u2019s \u201csoon after the bombardment\u201d would have meant \u2018a few days\u2019 later if not a few hours, but most definitely not 4-5 months. Ironically, Ambassador Morgenthau\u2019s official dispatches to the Secretary of State 3 years earlier tell an entirely different story. Morgenthau says (Off. Dis. 28th of Feb 1915), \u201cThere is much uneasiness among all classes of the population, but so far, no evidences of hostility toward foreigners\u201d. In his dispatch to the Secretary of State 4 days later he reaffirms this in further detail, he says that the \u201cOttoman Authorities were in favor of taking precautionary measures to protect all non-combatants, regardless of their ethnicity\u201d. He also says; \u201cPresuming that Allied fleet will accomplish passage of Dardenelles and that hostilities will be continued here think there will be serious danger for all foreigners\u201d. So therefore, we can rightly say that there has been no news or intelligence reports of ethnic conflicts until March 1915. Back to the future, in his memoirs published in 1918 Morgenthau says, (soon after the Odessa attack in Oct 1914), \u201cIt is no exaggeration to say that most of them lived in constant fear of murder. The Dardanelles had been closed, so that there was little chance that outside help could reach these aliens; the capitulatory rights, under which they had lived for centuries,fl 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 85/143 had been abrogated. There was really nothing between the foreign residents and destruction except the American flag.\u201d There are 2 ways of explaining this, either that Ambassador Henry Morgenthau had lied to his State Department in March 1915, or his memoirs published 3 years later were outright lies for other purposes? ( content/uploads/2013/01/morgenthau-story-lies-exposed.jpg) Ambassador Morgenthau\u2019s official dispatch to the Secretary of State, February 28, 1915. Four months after the bombardment of Odessa. ( content/uploads/2013/01/morgenthau-story-lies-exposed-2.jpg) Ambassador Morgenthau\u2019s dispatch to the Secretary of State, 3 Mar 1915. Four months after the bombardment of Odessa. \u201cCivilian population ordered to depart where guns are placed, the approach from the straits are being fortified for defence\u201c. Dardanelles is the gateway to the Sea of Marmara & therefore to Istanbul. From a military perspective, the Ottoman Army had every valid concern to prepare its defence. In fact, the Ottomans closed Dardanelles to Allied shipping in October 1914. And so they were right, the British naval assault on the Dardanelles began in February & reached its climax in mid March, followed by the Gallipoli landings on the 25th April 1915. In his Story Book, Morgenthau says; i.e 4 months earlier, \u201cThe Dardanelles had been closed, so that there was little chance that outside help could reach these aliens; the capitulatory rights, under which they had lived for centuries, had been abrogated\u201c The Turks and Armenians lived in peace side by side for centuries; that the Turks suffered as much as the Armenians at the time of the deportations; that only 20 % of the Turkish villagers who went to war would be able to return to their homes; that at the start of World War and before the Armenians never had anything approaching a majority of the population in the territories called Armenia; they would not have a majority even if all the deported Armenians were returned; and the claims that returning Armenians would be in danger were not justified.\u201d Major General James G. Harbord, American Military Mission to Armenia \u2013 Sep 1919 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 86/143 Read Ambassador Morgenthau\u2019s Story Online. ( In the 1920\u2019s Ambassador Morgenthau\u2019s Story was subjected to criticism by two prominent American historians. Sidney Bradshaw Fay was an authority on European diplomatic history, a recognised American authority on the question of war guilt and the writer of The Origins of the World War. In the journal Kriegschuldfrage, May, 1925, Fay criticised the sixth chapter of the ambassador\u2019s book, on the delay of German war initiation for two weeks or legend of the Potsdam Crown Council of July 5, 1914 and commented: \u201cThe contemporary documents now available prove conclusively that there is hardly a word of truth in Mr. Morgenthau\u2019s assertions, either as to (a) the persons present, (b) the Kaiser\u2019s attitude toward delay, (c) the real reasons for delay, or (d) the alleged selling of securities in anticipation of war. In fact his assertions are rather the direct opposite of the truth.\u201c Another prominent historian, C. Hartley Grattan notices that Morgenthau invented his threat of war of against Ottoman Empire, which he affirms to have pronounced in September 1914 during a meeting with Grand Vizier Said Halim Pasha; Grattan adds that Morgenthau \u201cplayed into the hand of Allied propagandists\u201d. Published 1929 \u201cWhy We Fought\u201d p.250 journalist George Abel Screiner, an Associated Press correspondent in Turkey from Feb through the end of 1915, having met Ambassador Morgenthau in Istanbul on many occasions says; \u201cIt is to be hoped that the future historian will not give too much heed to the drivel one finds in the books of diplomatist-authors at least have found these books remarkably unreliable on the part played by the author\u201d, and, about Morgenthau\u2019s book, notices that Ottoman ministers of Interior and of War, Talat and Enver were \u201con the best terms with the American ambassador\u201d, unlike Morgenthau\u2019s allegations in his Memoirs. As early as December 12, 1918, Schreiner writes to Morgenthau a letter criticizing strongly his Story. \u201cNor did you possess in Constantinople that omniscience and omnipotence you have arrogated unto yourself in the book. In the interest of truth will also affirm that you saw little of the cruelty you fasten upon the Turks. Besides that you have killed more Armenians than ever lived in the districts of the uprising. The fate of those people was sad enough without having to be exaggerated as you have done have probably seen more of the Armenian affair than all the Armenian attaches of the American embassy together. [\u2026] To be perfectly frank with you cannot applaud your efforts to make the Turk the worst being on earth, and the German worse, if that be possible. You know as well as do, that Baron Wangenheim all but broke relations with the Turks on one occasion, when to his pleas for the Armenians he was returned a very sharp answer by Talaat Bey, then minister of the interior. Has it ever occurred to you that all governments reserve to themselves the right to put down rebellion? It seems to me that even Great Britain assumed that stand towards the Fathers of the Republic. That the effort of the Turk went beyond all reasonable limits is most unfortunate, but have you ever considered for a moment that in the East they do not view things with the eye of those of the occident wonder what your erstwhile friends in Constantinople think of that effort. Enver especially fares poorly, and this after you had made so much of him. Is it not a fact that Enver Pasha was as enlightened a young leader as could be found? Of course, he was rather inexperienced, as you know somewhat impulsive and given to being confidential, often in the case of untrustworthy characters. Apart from that he was in no respect what you picture him. Of course, if we are to take it for granted that we of the West are saints, then no Turk is any good. You will agree with me, no doubt, that the Turks count among the few gentlemen still in existence \u2014 Box No. 12: Schreiner to Morgenthau letter of December 11, 1918. From Berlin to Bagdad, by George Abel Schreiner Associated Press Correspondent in Turkey / Published Sep 1918 (Harper & Brothers, NY). Interview with Talat Pasa / Ottoman Minister for Interior Affairs, 18th Feb. 1915 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 87/143 ( correspondent-talat-pasa-interview-1915.jpg) According to Schreiner, the interview with Talat Pasa was arranged with the help of Ambassador Morgenthau\u2026 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 88/143 ( content/uploads/2012/11/talat_pasha-young-turk.jpg) Mehmet Talat Pasa, Ottoman Minister of Interior 1913-1917. Assassinated by an Armenian in 1921. Soghomon Tehlirian from the Armenian Revolutionary Federation carried out the assassination in Berlin with a tip off from the British & Soviet Union Intelligence agencies of Talat Pasa\u2019s whereabouts. In 1939 historian Horace C. Peterson calls Ambassador Morgenthau\u2019s Story a \u201cmisrepresentation of Armenian atrocities and of German action regarding them\u201d. In his book \u201cPropaganada for War / The Campaign Against American Nuetrality, 1914 \u2013 1917\u201d published in 1939 p.326, Peterson says; that the \u201cmost noteworthy aspect of Western and Mid-Western newspapers from 1914 to 1917 was the lack of attention given to the war.\u201d He said that the British were dumbfounded with the lack of interest in the war in the West and Midwest but were pleased that the war dispatches from Europe did mimic the line dictated by the British censors. Harry Elmer Barnes, an American historian & the author of countless publications on WW1 & WW2, in The Genesis of the World War; an Introduction to the Problem of War Guilt (New York: Knopf, 1926), pp. 241\u2013247) concludes: \u2026As Mr. Morgenthau has persistently refused to offer any explanation or justification of his \u201cstory\u201d or to answer written inquiries as to his grounds for believing it authentic, we are left to pure conjecture in the circumstances. It appears highly doubtful to the present writer that Mr. Morgenthau ever heard of the Potsdam legend while resident in Turkey. It would seem inconceivable that he could have withheld such important information for nearly four years. The present writer has been directly informed by the Kaiser that Wangenheim did not see him in July, 1914. We know that Mr. Morgenthau\u2019s book was not written by himself, but by Mr. Burton J. Hendrick, who later distinguished himself as the editor of the Page letters. We shall await with interest Mr. Hendrick\u2019s explanation of the genesis of the Potsdam fiction as it was composed for Ambassador Morgenthau\u2019s Story.\u201c Burton J. Hendrick, the Ghostwriter of Ambassador Morgenthau\u2019s Story began working at Walter Hines Page\u2019s \u2018World\u2019s Work\u2019 magazine as an associate editor in 1913. Walters Page, a wealthy Jewish businessman, Chairman of Doubleday, Page & Co. publishing company, also the Ambassador to Great Britain between March 1913 -1918. Walter H. Page was one of the key figures involved in bringing the United States into World War on the Allied side proud Southerner, he admired his British roots and he defended British policies to Wilson and so helped to shape a pro- Allied slant in the President and in America as a whole. One month after Page sent a message to Wilson, the U.S. Congress declared war on Germany by Burton J. Hendrick & CO. Published 1921 (Prefatory Note) \u201cAmong the many who have assisted in the preparation of this Biography especial acknowledgment is made to Irwin Laughlin, First Secretary and Counsellor of the London Embassy under Mr. Page. Mr. Page\u2019s papers show the high regard which he entertained for Mr. Laughlin\u2019s abilities and character, and the author similarly has found Mr. Laughlin\u2019s assistance indispensable. Mr. Laughlin has had the goodness to read the manuscript and make numerous suggestions, all for the purpose of reenforcing the accuracy of the narrative. The author gratefully remembers many long conversations with Viscount Grey of Fallodon, in which Anglo-American relations from 1913 to 1916 were exhaustively canvassed and many side-lights thrown upon Mr. Page\u2019s conduct of his difficult and delicate duties. The British Foreign Office most courteously gave the writer permission to examine a large number of documents in its archives bearing upon Mr. Page\u2019s ambassadorship and consented to the publication of several of the most important.\u201c B. J. H. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 89/143 Ambassador Morgenthau\u2019s Story \u2013 Published 1918 by Henry Morgenthau, (Ghostwriter Burton J. Hendrick Ambassador to the Ottoman Empire 1913-1916 p.135 \u201cBut on this occasion, as on many others, Talaat was evasive and non-committal and showed much hostility to the interest which the American people were manifesting in the Armenians\u2026 \u201cWhy are you so interested in the Armenians, anyway?\u201d he said, on another occasion. \u201cYou are a Jew; these people are Christians. The Mohammedans and the Jews always get on harmoniously. We are treating the Jews here all right. What have you to complain of? Why can\u2019t you let us do with these Christians as we please had frequently remarked that the Turks look upon practically every question as a personal matter, yet this point of view rather stunned me. However, it was a complete revelation of Turkish mentality; the fact that, above all considerations of race and religion, there are such things as humanity and civilization, never for a moment enters their mind. They can understand a Christian fighting for a Christian and a Jew fighting for a Jew, but such abstractions as justice and decency form no part of their conception of things. \u201cYou don\u2019t seem to realize replied, \u201cthat am not here as a Jew but as American Ambassador. My country contains something more than 97,000,000 Christians and something less than 3,000,000 Jews. So, at least in my ambassadorial capacity am 97 per cent. Christian. But after all, that is not the point do not appeal to you in the name of any race or any religion, but merely as a human being.\u201d 3 years later, Morgenthau contradicting his ghostwriter Hendrick, as to why he was assigned as the Ambassador to the Ottoman Empire by President Wilson. \u201cAll In Lifetime / by author; Henry Morgenthau \u2013 Published 1921 (excerpts\u2026); \u201cIn April, 1913, Senator O\u2019Gorman telephoned me from Washington that he had been requested by the President to offer me the Ambassadorship to Turkey apparently astonished him when told him please to thank the President for me, but that would not accept. O\u2019Gorman, whom had known for many years, urged me to come to Washington to discuss the matter with him. He said that had no right to refuse such a tender over the telephone.\u201d p.159 \u201cMr. Wilson\u2019s reply was aggressive in manner and almost angry in tone should have hoped,\u201d he said, \u201cthat you had a higher opinion of my open- mindedness and freedom from prejudice than this certainly draw no such distinctions, and am sorry that you should have thought so think you will agree with me when give you my further reasons for this choice. In the first place, Constantinople is the point at which the interest of the American Jews in the welfare of the Jews of Palestine is focussed, and it is almost indispensable that have a Jew at that post. On the other hand, our interests in China are expressed largely in the form of missionary activities, and it seems quite necessary that our Minister there should be a Christian, and preferably a man of the evangelical type; and am sincerely anxious to have you accept Turkey.\u201d p.160,161 \u201cMy friend, Dr. Stephen S. Wise (of the Free Synagogue of New York, of which was president), was then in Paris wrote him about the matter, and asked whether he could come to Aix-les-Bains for a consultation. He replied that he had but three days left in Europe, but that if would start to Dijon the following morning he would also start from Paris, and we should both reach Dijon at noon. He would meet me at the station, and we could have four hours together to discuss the matter before our return to our respective bases. We met at Dijon as arranged, and to my astonishment found Wise tremendously anxious to have me accept the position. He told me that he had just visited Palestine, and that amongst the other services that could render in Turkey, would be a great service to the Jews in Palestine. He reminded me of the happy experience, in the same office, of Solomon Hirsch, of Portland, Ore., who had been president of his congregation in that city knew the facts of that experience as Mr. Hirsch was the uncle of Judge Samson Lachman, who had been my partner in the practise of the law for twenty years. Dr. Wise urged me with all the force of his eloquence to rescind my declination.\u201d p.162 \u2014\u2014\u2014\u2014\u2014\u2014- Cleveland H. Dodge led a group of wealthy New York lawyers, businessman, politicians & religious figures such as Rabbi Stephen Wise & Rev. James Barton in forming the Near East Relief (NER), a response to Ambassador Henry Morgenthau\u2019s (Board Director of \u2013 since late 1915) urgent plea for assistance to save victims of the so called Armenian genocide and relocations of 1915. United States declared war on Germany on 6 April 1917. The Ottomans severed relations with United States on 23 April 1917. In the following months, numerous posters by famous American graphic artists urged support by Americans of Near East Relief\u2019s multi-million dollar campaigns. Here is a sampling, another form of Orientalism. \u201cThe Evil East.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 90/143 ( propaganda.jpg (1918) Artist: D. Volk Size: 30\u2033x40\u2033 Comments: \u201cArmenia, Greece, Syria, and Persia.\u201d Striking imagery of Columbia raising sword to protect child, American banner. Photolithograph, printed by Conwell Graphic Companies, New York, USA, 1918. ( content/uploads/2012/11/morgenthau-ner-relief-for-jews.jpg) This document, dated December 1916, is signed by Henry Morgenthau and co-signed by Jacob Schiff, Nathan Straus, and Louis Marshall \u2013 all prominent leaders of the American Jewish community and members of JDC. Responding to appeals for aid for Jews in Palestine & Eastern Europe suffering from hunger, dislocation & the violent excesses of the World War period, American Jewry mobilized to organize relief committees & raise funds for the needy. On December 21, 1916, a mass meeting was held at Carnegie Hall under the auspices of the three constituent committees of to launch a $10 million campaign. The Department of State also quietly turned to the Rev. James Barton\u2019s American Board of Commissioners of Foreign Missions to begin an emergency drive for the collection of funds. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 91/143 ( content/uploads/2012/11/1-barton-toynbee5-1916-346b.jpg) 1 May 1916. Deep conflict of interest; the main source of the atrocity stories who is at the same time the administrative Chairman (recipient) of the charity drive. Correspondence between Rev. James Barton of the American Board of Commissioners for Foreign Missions who was also the Chairman of the Committee for Armenian and Syrian Relief charity organization letter to the British War Office (Wellington House / Propaganda Bureau) Arnold Toynbee. History cannot be written about in the absence of factual proof\u2026 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 92/143 ( content/uploads/2012/11/4-toynbee-barton-full.jpg) 15th June 1916 \u2013 Letter from Wellington House, Arnold Toynbee, requesting information/sources for the Propaganda Bureua\u2019s Blue Book from Rev Barton, who himself was a missionary in Anatolia for more than 30 years. Rev. Barton\u2019s missionaries were the main source of news for the British War Office Propaganda Bureau editors. British Toynbee & American Barton colloborating to fabricate evidence about a matter which relates to something happening in Tarsus, in southern Turkey (near Adana). 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 93/143 ( toynbee-etmekjian-1966.jpg) 16 March 1966 \u2013 Prof. Arnold Toynbee, \u201cit is true that the British Government\u2019s motive in asking Lord Bryce to compile the Blue Book was propaganda\u2026 and the evidence was good, the witnesses were all American missionaries with no political axe to grind.\u201d Contrary to Prof. Colin Tatz\u2019s comments in his article that Arnold Toynbee was a witness to Armenian outrages, Toynbee first visited Turkey during the Greco-Turkish war in 1921 & prior to that as he reaffirms, he relied upon witnesses who he believed were good Christians, but had never met them & could not verify the authenticity of their very existence & their stories. All his stories as Toynbee himself says were based on American Missionary reports, which he had no direct contact with. Sometimes, the sources of news or names of places were never transmitted to the Propaganda Burea (as in the example with Reverend Barton) and that\u2019s when young Toynbee\u2019s talent with words helped him fill in the blanks. Similarly, Ambassador Morgenthau had not witnessed a single crime committed against the Armenians except in his telltales which was ghostwritten by B. Hendrick who never set foot on Ottoman territory. Nor is there a single piece of evidence that verifies German missionary Lepsius setting foot on Anatolia (Asia Minor) after 1916, despite having visited the Armenian Patriarch Ormanian & Ambassador Morgenthau on several occasions in European Istanbul. Lepsius, due to his suspicious activities was declared \u201cpersona non granta\u201d by the Ottoman authorities in 1916. Mr. Henry Morgenthau Sr. the U.S. Ambassador in Istanbul from 1913 to 1916, on which the Armenian allegations mainly based on, when cross checked day by day with his diary State dispatches, reveals the fact that it is tailored rather than conveying the real truth on what happened during this era. Ambassador Henry Morgenthau, during his 780 days of diplomatic mission in Istanbul, did not even travel ten miles out of the city eastwards to any countryside village, except a few on the Bosphorus and the Belgrade Forest where he and his friends frequently went horse riding. The only trip he took was by ship to Greece and Egypt in March 1914 and from there to Palestine Holy Lands and cities, ending in Beirut. . . 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 94/143 ( content/uploads/2012/11/armenian-revelations-genocide1.jpg) 21 Nov 1918. \u201cThe revelations in the public press regarding the abominable treatment of British prisoners by the Turks are having a healthy effect in diminishing the influence of the lovers of the \u201cclean fighting\u201d Turk, and Lord Robert Cecil\u2019s speech in the House of Commons on the Armenian question, which has been telegraphed to Constantinople, is a welcome assurance that the rule of the Ottoman is not to be restored in countries such as Armenia and Cilicia.\u201d Prof. Colin Tatz says; \u201cYet another is that witnesses \u2014 such as British historians Arnold Toynbee and Viscount Bryce, German missionary Dr Johannes Lepsius and German medico Armin Wegner, the American ambassador to Turkey Henry Morgenthau and his Swedish diplomatic colleagues \u2014 invented their sometimes daily conversations with the major perpetrators, Talaat Pasha and Enver Pasha, and lied to besmirch Turkish honour.\u201d \u201cAll men are bastards\u201d argument. \u201cHow dare the genocidal Turk call the civilized westerner & the Christian gentleman liars! Yes Morgenthau is Jewish but he is American first. Their words should be considered Gospel 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 95/143 truth. As for the ruthless & ignorant Turk, he has a natural instinct to lie. Diamadis says HAPPENED\u201d, Babkenian has got the proof, and as a scholar confirm it\u2026 (Funding Bias) ( content/uploads/2012/11/near-east-relief-armenia.jpg) 1919 officially becomes the Near East Relief after an act of Congress. 1915-1930: Near East Relief raised $117 million to help refugees from the Ottoman Empire, equivalent to approx $2.5+ billion today. The biggest known private fundraising revenue in mankinds history (with the exception of an equal donation (and perhaps more) from the U.S. Government, to be managed by the same Committee \u2013 above gentleman). The Near East Relief Committee enjoyed the ardent support of President Woodrow Wilson. Through public rallies, church collections, and with the assistance of charitable organizations and foundations, the Committee raised millions in its campaigns to save \u201cthe starving Armenians.\u201d The Committee was able to deliver funds through the American Embassy in Constantinople which relied upon the missionaries and its consuls to distribute the aid. In 1930 was renamed the Near East Foundation. 31 1914. Jewish Distribution Committee traces its historic beginnings to this urgent telegram, from Henry Morgenthau, the U.S. Ambassador to Turkey, to his friend Jacob Schiff in New York requesting $50,000 to aid Palestinian Jewry. With the outbreak of WWI, Jews in Ottoman-ruled Palestine were cut off from their traditional sources of support by the European Jewish community. American Jewish donors promptly wired the sum requested. This & subsequent pleas for help from war-torn Europe led to the founding in New York of the Joint Distribution Committee of American Funds for the Relief of Jewish War Sufferers. Later known as the American Jewish Joint Distribution Committee- & more popularly as the \u201cJoint\u201d or JDC\u2014the new organization was charged with distributing overseas the funds raised by the American Jewish Relief Committee, the (Orthodox) Central Committee for the Relief of Jews & the Jewish People\u2019s Relief Committee of America. In an outpouring of generosity from the American Jewish community, more than $16 million was raised by war\u2019s end found ways to channel the funds to Jews suffering from hunger & malnutrition, many of whom had lost homes & livelihoods in the countries of Europe & in Palestine. (Source: JDC) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 96/143 ( content/uploads/2012/11/armenian-committee-relief-us.gif) Letter from Charles V. Vickrey to John D. Whiting. American Committee for Armenian and Syrian Relief, authorization of funds for Christian Alliance Mission staff and for provisions to be used by the American Colony in Jerusalem, 15 Nov. 1917 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 97/143 ( Printed 1917 \u2013 The most terrible winter the world has ever known. American Committee for Armenian and Syrian Relief. Source; University of Iowa Libraries Special Collections Department Iowa City 52242-1420 ( content/uploads/2012/11/armenian-relief-morgenthau.jpg) The Armenian population of the Ottoman Empire (approx. 1.5 million) who were supposedly liquidated, annihilated & according to Morgenthau wiped off the map by the Turks in 1915, have somehow been resurrected & multiplied as 2.5 million in need of urgent help in 1918. Vice Chairman of the Committee S. Dutton in a confidential report compiled for the Chairman Rev. Barton says; \u201cbetween one half to something over one million 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 98/143 Turkish Armenians alive in 1918\u201d. The fallacy in this is that, if the sole number of Armenian survivors were to be 500 000 (for argument sake disregarding the initial population), this begs the question, then who is responsible for the pitiable plight of the remainder 2 million (women- children) Armenians being cared by the ACASR, if not the Turks? / Image Source: American Committee for Armenian & Syrian Relief \u2013 1918. ( content/uploads/2012/11/american-relief-armenian-committee1.jpg) Same year, same organization. The Sub-Committee appointed in Oct. 1917 of the American Committe for Armenian & Syrian Relief submits this report to Chairman, Dr. James L. Barton in 1918. Vice Chairman of the ACASR, Samuel T. Dutton says there are between one half to something over one million Turkish Armenians alive in 1918; \u2026\u201dThe American Committee for Armenian and Syrian Relief, with the aid of the Lord Mayor\u2019s fund of London and the Russian government, have been able to care for and save a very large number of the sufferers in the empire as well as in the Russian Caucasus and in Persia. It is assumed that perhaps one-half or something over one million of the Turkish Armenians remain alive, including those who fled over the border. Another crime committed by the Turks in their insane determination to cripple if not destroy the Christian populations was their treatment of the Syrians, especially that large community resident in Mount Lebanon. By unjust taxation and by the seizure of all food stuffs and supplies, this worthy people was brought also to a condition of abject suffering and distress, and has been the object of relief from American sources. It is not yet known how many have perished but from most authentic reports it is believed that nowhere in the empire has there been so large a percentage of deaths from starvation\u201c. p.45 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 99/143 ( content/uploads/2012/11/ataturk-young-turk-true-nature.jpg 1939 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 100/143 ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 101/143 ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 102/143 ( ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 103/143 ( 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 104/143 ( France wants to \u201cgive a new impetus\u201d to Turkey\u2019s membership talks, allowing negotiations to resume this week after a break of almost three years. ( \u201cWe are favourable to the idea of opening talks on what is called chapter 22,\u201d French foreign minister Laurent Fabius said on Tuesday (12 February) in Paris after meeting his Turkish counterpart on the margins of a conference on Libya spokesman for the foreign ministry later the same day confirmed that France, a long-term opponent of Turkish accession, has had a change of heart and wants to \u201cgive a new impetus to EU-Turkey relations.\u201d He said Paris also expects Ankara to \u201ccontribute concretely to this dynamic.\u201d Armenian Diaspora\u2019s response; ( (linking the assasination of 3 Kurdish woman in Paris with the Turkish Government despite the fact that a suspect of Kurdish origin has been caught & the initial intelligence reports suggest that it is an internal conflict. The mystery remains to be solved). Co-ordination Council of Armenian organisations of France (CCAF) issued a statement condemning the French Foreign Minister Laurent Fabius\u2019s statement on positive signal to the authoritarian regime of Turkey. As Paris-based independent journalist Jean Eckian told a PanARMENIAN.Net reporter slams France\u2019s decision to give its agreement to the opening of a new chapter in Turkey talks. \u201cThe initiative, issued by Laurent Fabius on February 12, is incomprehensible in the context of serious violations of freedoms in the country,\u201d he said. Dr. Justin McCarthy Professor of History, Demographer, University of Louisville. Turkish Grand National Assembly in Ankara 25 Mar 2005 \u201cHow do we know that this analysis is true? It is, after all, very different than what is usually called the history of the Armenians. We know it is true because it is the product of reasoned historical analysis, not ideology. To understand this, we must consider the difference between history and ideology, the difference between scientific analysis and nationalist belief, the difference between the proper historian and the ideologue. To the historian what matters is the attempt to find the objective truth. To the nationalist ideologue what matters is the triumph of his cause proper historian first searches for evidence, then makes up his mind. An ideologue first makes up his mind, then looks for evidence historian looks for historical context. In particular, he judges the reliability of witnesses. He judges if those who gave reports had reason to lie. An ideologue takes evidence wherever he can find it, and may invent the evidence he cannot find. He does not look too closely at the evidence, perhaps because he is afraid of what he will find historian first discovers what actually happened, then tries to explain the reasons. An ideologue forgets the process of discovery. He assumes that what he believes is correct, then constructs a theory to explain it. The work of Dr. Taner Akcam is an example of this. He first accepts completely the beliefs of the Armenian nationalists. He then constructs an elaborate sociological theory, claiming that genocide was the result of Turkish history and the Turkish character. This sort of analysis is like a house built on a foundation of sand. The house looks good, but the first strong wind knocks it down. In this case, the strong wind that destroys the theory is the force of the truth historian knows that one has to look back in history, sometimes far back in history, to find the causes of events. An ideologue does not bother. Again, he may be afraid of what he will find. Reading the Armenian Nationalists one would assume that the Armenian Question began in 1894. Very seldom does one find in their work mention of Armenian alliances with the Russians against the Turks stretching back to the eighteenth century. One never finds recognition that it was the Russians and the Armenians themselves who began to dissolve 700 years of peace between Turks and Armenians. These are important matters for the historian, but they hurt the cause of the ideologue. The historian studies. The ideologue wages a political war. From the start the Armenian Question has been a political campaign. Materials that have been used to write the long-accepted and false history of the Armenian Question were written as political documents. They were written for political effect. Whether they were articles in the Dashnak newspaper or false documents produced by the British Propaganda Office, they were propaganda, not sources of accurate history. Historians have examined and rejected all these so-called \u201chistorical sources.\u201d Yet the same falsehoods continually appear as \u201cproof\u201d that there was an Armenian Genocide. The lies have existed for so long, the lies have been repeated so many times, that those who do not know the real history assume that the lies are true. It is not only Americans and Europeans who have been fooled\u2026\u201d Prof. Colin Tatz says; \u201cTurkey is totally dedicated, at home and abroad, to having every hint or mention of an Armenian genocide contradicted, countered, explained, justified, mitigated, rationalised, relativised, removed or trivialised. The entire apparatus of the Turkish state is tuned to denial, with officers appointed abroad for that purpose. Their actions are spectacular, often bizarre, and without distinction between the serious and the silly\u2026\u201d \u2013 Sydney Morning Herald 8 Nov 2010 Denial of an ugly past is holding Turkey back ( Although a Jew himself, Tatz is acting like the medieval age inquisitors who forcefully silenced & persecuted anyone who brought facts, figures & new concepts to the public which contradicted the Catholic Doctrine well known example is Galileo Galilei, whose thoughts & ideas had been forcefully suppressed for decades & deemed evil. Galileo was put on trial in 1633, where he maintained that since 1616 he had faithfully kept his promise not to hold any of the condemned opinions, and even denied defending them while being threatened with torture. Galileo was found \u201cvehemently suspect of heresy\u201d and put under house arrest for the rest of his life, for proving the earth revolved around the sun and the sun was motionless. Galileo was required to \u201cabjure, curse & detest\u201d his opinions and his publications were forbidden, including anything he might write in the future. It is rumoured that Galileo still muttered the rebellious phrase \u201cand yet it moves\u201d. With Prof. Tatz\u2019s way of thinking, Galileo Galilei; physicist, mathematician, astronomer and philosopher who played a major role in the Scientific Revolution, \u201cfather of modern observational astronomy\u201d, the \u201cfather of modern physics\u201d, and \u201cthe Father of Modern Science\u201d, must have died as a denialist. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 105/143 ( content/uploads/2012/11/armenian-hypocrisy-anc-lobby-australia.jpg) 25 Feb 2013, Bob Carr\u2019s fall from grace Australia Directors to Australia\u2019s Foreign Minister, Mr. Bob Carr; \u201cWhy don\u2019t you? What about the? How dare you? (God damn you!)\u201d Between the silly, childish and ridiculous. The whole episode is a desperate attempt by the Armenians to silence the eminent historians through intimidation & threat of law suits. Taking cover behind the law protecting Holocaust against assaults, the Armenians enjoy an undeserved immunity from the scholarly scrutiny of their case. The Washington Post editorial dated September 9, 1995 wrote that (ironically by first conditioning the reader that supposedly 1.5 million Armenians were massacred by the Turks (auto-suggestion), which Prof. Lewis strongly contests, both the figure & alleged reasons of deaths. Anyone who could believe that 1.5 million civilian deaths from the same group of people did not amount to a genocide would be inhumane Sep 09, 1995 law court in Paris found the distinguished historian Bernard Lewis guilty of expressing doubts that the massacres of 1.5 million Armenians early in this century by the Ottoman Empire could be correctly termed a genocide\u2026. Amazingly, the court found Professor Lewis guilty for this offense while at the same time declining to rule on whether his opinion as expressed was right or wrong. When a court is willing to punish a scholar for expressing an \u2018insulting\u2019 opinion on a historical matter, even when debate on the point in question has been raging worldwide for years, the absurdity and the perniciousness of such laws is on full display. Once a court or a disciplinary body can be enlisted in lieu of argument to silence an unpopular viewpoint, all manner of trouble can and will result.\u201d In the aftermath of an interview Prof. Lewis gave to Le Monde on 16 Nov 1993, he was sued by the Armenian organizations in France on the grounds of denial the Armenian genocide, which the Armenians conveniently equate with the Jewish Holocaust. Prof. Bernard Lewis was found at fault in not having cited, in the course of the interview, \u201celements contrary to his thesis\u201d and thus had \u201crevived the pain of the Armenian community.\u201d For this offense (!) Professor Lewis was ordered to pay 1 French Franc (25 cents!) in damages to each of the two plaintiff parties as well as contribution to their costs. It is noteworthy to add that, while these proceedings were in progress, Professor Lewis was honoured by being elected a Correspondent member of the Institut de France. On a different matter on the same subject, Emeritus Professor of Political Science from the University of Massachusetts \u2013 Amherst, Guenter Lewy concluded through his research that events between the Armenians & the Turks did not amount to a genocide. Lewy said in his extensively footnoted book that while many died, the Ottoman Empire\u2019s actions were not a premeditated effort to wipe out the Armenians. Founded in 1971 and subsequently made famous by its work researching hate groups, the Southern Poverty Law Center entered the debate in 2008 with its Intelligence Report magazine. In the summer 2008 issue of its Intelligence Report magazine and companion website, the Southern Poverty Law Center (SPLC), one of America\u2019s most venerable civil rights organizations, accused Professor Guenter Lewy of being part of a network of academicians financed by the Turkish government to dispute the Armenian allegation of genocide. The magazine even attempted to draw a crude parallel between Professor Lewy and Neo-Nazis, even though Professor Lewy a Jew himself had been roughed up by Nazi thugs on Kristallnacht in 1938 and later fought against the Nazis in the British Army\u2019s Jewish Brigade in World War II. Mark Potok, the editor of Intelligence Report, wrote in his article \u201cState of Denial\u201d that, \u201cDespite the efforts of people like Lewy, many of them funded by the Turkish government, the facts of the Armenian genocide are quite well known\u201d. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 106/143 Lewy said the assertions distressed him scholar doesn\u2019t have much more than his reputation, if that\u2019s questioned, you\u2019re in trouble.\u201d Guenter Lewy filed a law suit seeking compensatory and punitive damages totalling 8 million U.S. dollars. In Sep 2010 the case was settled in court published the following statement; Southern Poverty Law Center / Retraction and Apology \u2013 28 Sep 2010 In the summer 2008 issue of its Intelligence Report, the Southern Poverty Law Center reported that Guenter Lewy, a professor emeritus at the University of Massachusetts, was part of a network of persons, financed by the Government of Turkey, who dispute that the tragic events of World War constituted an Armenian genocide. We now realize that we misunderstood Professor Lewy\u2019s scholarship, were wrong to assert that he was part of a network financed by the Turkish Government, and were wrong to assume that any scholar who challenges the Armenian genocide narrative necessarily has been financially compromised by the Government of Turkey. We hereby retract the assertion that Professor Lewy was or is on the Government of Turkey\u2019s payroll. To our knowledge, Professor Lewy has never sought to deny or minimize the deaths of Armenians in Ottoman Turkey; nor has he sought to minimize the Ottoman regime\u2019s grievous wartime miscalculations or indifference to human misery in a conflict earmarked by widespread civilian suffering on all sides. What he has argued in his book, The Armenian Massacres in Ottoman Turkey Disputed Genocide, and elsewhere is that the present historical record does not substantiate a premeditated plan by the Ottoman regime to destroy because of ethnicity, religion, or nationality, as opposed to deport for political-military reasons, the Armenian population. In this view, he is joined by such distinguished scholars as Professor Bernard Lewis of Princeton University. As additional troves of archival information come to light, Professor Lewy advocates greater study of this contentious subject. We deeply regret our errors and offer our sincerest apologies to Professor Lewy. Professor Lewy adds the following comment: \u201cThe has made important contributions to the rule of law and the struggle against bigotry. Thus took no pleasure in commencing legal action against it. But the stakes, both for my reputation as a scholar and for the free and unhindered discussion of controversial topics, were compelling. It must be possible to defend views that contradict conventional wisdom without being called the agent of a foreign government.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 107/143 ( content/uploads/2012/11/hitler-nigger-turk-british.jpg endeavoured to pacify Herr Hitler and to continue his remarks, but he was interrupted once more by the Chancellor declared that it was a question of giving to Germany something in theory but of boggling and delaying the moment it was a question of giving it in practice. Germany was being treated like niggers; one would not dare treat even the Turks like that.\u201d On the 1st October shall have Czecho\u00ad\u2010 slovakia where want her.\u201d If France and England decided to strike, let them strike. He did not care a farthing. \u2014\u2014oooo\u2014\u2014 \u201cWho Remembers the Armenians?\u201d Hitler Quote a Forgery \u2013 The Armenian Reporter, Vol. XVII, No. 40, August 2, 1984 ; 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 108/143 \u201cDr. Robert John, a historian and political analyst of Armenian descent from New York City, declared that a commonly used quotation of an alleged statement by Adolf Hitler concerning the Armenian massacres during World War One was a forgery and should not be used. Dr. John demonstrated how he had traced the original document in the Military Branch of the National Archives of the U.S.A. after being handed a folder bearing the quotation at a rally outside the United Nations building in New York following the Turkish invasion of Cyprus. The quotation: \u201cOur strength is in our quickness and our brutality. [\u2026] For the time being have sent to the east only Death\u2019s Head units, with the order to kill without pity or mercy all men, women and children. [\u2026] Who talks nowadays of the extermination of the Armenians?\u201d Dr. John showed slides of this document, undated and unsigned, with some words cut out of the last page. The statement was supposed to have been made at a meeting of the top German staff of the Obersalzberg on August 22, 1939. The document was released to the international press covering the Nuremberg War Crimes trials on Friday, November 23, 1945. The trials had commenced that Monday. The document was one of several made available to the press that day. Two- hundred-fifty copies were given to press correspondents, but only five copies were given to the 17 defense counsels \u2013 24 hours before the Court convened on Monday! Much later in the trial, the German defense lawyers were able to introduce the most complete account of the address, taken down by German Admiral Hermann Boehm, which runs to 12 pages in translation. There is no mention of the Armenians or the rest of the \u201cquotation.\u201d Dr. Robert John said he believed that the document was introduced to create a climate of hate which was needed to stifle the protests of eminent American jurists such as Sen. R. Taft and Chief Justice Harland Stone. He had discussed it with Gen. Telford Taylor, who had said know the document you mean don\u2019t know its provenance, and have not used it in my own work.\u201d Dr. John said: \u201cWe all believe that violence breeds violence. There has been an increase in Armenian violence since this false inflammatory statement was given publicly. Films like The Day After are a form of violence, and should not be shown to children \u2013 who are unable to evaluate their content. Films about the \u201cHolocaust\u201d are a form of violence and are harmful to us as well as to Jews. There is a high probability that the surprising violence and brutality shown by the Israelis towards the Palestinians, may be a result of being frequently exposed to these old scenes. Just as parents who abuse their children have often been abused themselves.\u201d Dr. John briefly traced the history of atrocity propaganda, particularly from the British \u2013 and later \u2013 American view. Real atrocities certainly occurred, but the deliberate fabrication and dissemination of atrocity stories increased the probability of their occurring. Dr. John commented: \u201cHate hurts the hater and hated. We are still living in the haze of distortions and actual horrors which occurred so long ago. The time has come to stop psychologically damaging ourselves and our children by \u2018Holocaust studies\u2019 and \u2018Holocaust\u2019 museums. The Armenian, the Jew, or the African, should not damage their development with a continual conditioning of hate, neither should spurious guilt be visited upon others. These negative preoccupations and obsessions are obstructing our evolution.\u201d Dr. John, whose paper is entitled \u201cInformation and Misinformation,\u201d hails from Armenian parents who moved from New Julla, Iran, to India. His father changed his name from Hovhanes to \u201cJohn,\u201d and subsequently the family moved to England. Dr. John studies law in England and holds a doctoral degree in political science from London University. He is presently a contributor to the London, England based The Middle East Magazine monthly, and in addition to giving lectures, is a frequent contributor to numerous magazines and publications. He is also the author of Palestine Diary, and specializes in Middle Eastern issues, including the Palestinian issue.\u201d The Armenian Reporter, Vol. XVII, No. 40, August 2, 1984. Dr. Robert John, born in 1921, studied Medicine at University of London King\u2019s College and Law at London\u2019s Middle Temple, Inns of Court. As an elected official of the British Conservative Party, he resigned over the policy of war against Egypt in 1956. In the 1970\u2019s he studied Medicine & Psychiatry in New York. From 1988 to 1992 he was Professor & Director of Psychiatric Education at St. George\u2019s University Medical School. Dr. John passed away on June 4, 2007 at the age of 86. He is remembered as an accomplished scholar and historian with an abiding concern for justice and humanity, and as a principled fighter for historical truth. His most celebrated work the Palestine Diary, first published in 1970, includes a foreward by British historian Prof. Arnold J. TOYNBEE; (excerpt for this massive work. It is a detailed narrative, covering the history of Palestine during the period running from the outbreak of the First World War to the declaration of the establishment of the state of Israel and the outbreak of the First Arab-Israeli War in 1948. The narrative is supported by a very full documentation. As far as know, so full an assemblage of pertinent documents is not to be found between the covers of any previous publication. The sub-titles are also apposite. The story is a tragedy, and the essence of this tragedy is that about 1,500,000 Palestinian Arabs have now become refugees as a result of the intervention of foreign powers in their country\u2019s affairs. The might of these foreign powers has been irresistible, and the evicted Palestinian Arabs have been forcibly deprived of their country, their homes, and their property without having been allowed to have a voice in the determination of their own destiny. Though the facts are public, there is widespread ignorance of them in the Western World and, above all, in the United States, the Western country which has had, and is still having, the greatest say in deciding Palestine\u2019s fate. The United States has the greatest say, but the United Kingdom bears the heaviest load of responsibility\u2026\u201d Arnold J. Toynbee \u2013 1st June 1968 \u2014\u2013oooo\u2014\u2013 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 109/143 ( content/uploads/2012/11/hitler-quote-armenia-colin-tatz.jpg) Hitler\u2019s speech on 22 August 1939, 1014 is the only one that contains the original notes taken that day by Wilhelm Canaris, the head of military intelligence. Three documents grouped in together during the Nuremberg Trials containing Hitler\u2019s speech on 22 August 1939 ; 1014-PS, 789-PS, and L-3, and only the document L-3 contained the Armenian Quote of Hitler\u2019s speech. Documents 1014 and 798 were captured by the United States forces inside the headquarters but these documents did not contain the Armenian quote. On May 16, 1946, during the Nurnberg War Tribunals, a counsel for one of the defendants, Dr. Walter Siemers requested from the president of the trial to strike out the document 1014-PS, but his request was rejected by the president. Document L-3 was brought to the court by an American journalist, Louis P. Lochner who was writing for \u201cThe Times\u201d. According to Louis P. Lochner, while stationed in Berlin he received a copy of a speech by Hitler from his \u201cinformant\u201d, which he published (in English translation) in his book What About Germany? (New York: Dodd, Mead & Co., 1942) as being indicative of Hitler\u2019s desire to conquer the world. In 1945, Lochner handed over a transcript of the German document he had received to the prosecution at the Nuremberg trials, where it was labeled L-3. When asked in the Nuremberg War Crimes Tribunal who his source was, Lochner said this was a German called \u201cHerr Maasz\u201d but gave vague information about him. The Times of London quoted from Lochner\u2019s version in an unsigned article titled The War Route of the Nazi Germany on November 24, 1945. The article stated that it had been brought forward by the prosecutor on November 23, 1945, (i.e. the previous day), as evidence. However, according to the Akten zur deutschen ausw\u00e4rtigen Politik (ser. D, vol. 7, 1961), the document was not introduced as evidence before the International Military Tribunal and is not included in the official publication of the documents in evidence. Two other documents containing minutes of Hitler\u2019s Obersalzberg speech(es) had been found among the seized German documents and were introduced as evidence; neither, however, contains the Armenian quote. For what Hitler really said in his notorious second speech was only written down simultaneously during his speech by one of his auditors: Wilhelm Canaris, at that time chief of the military secret service within the Third Reich. Everything written to date has attributed the purported Hitler quote, not to primary sources, but to an unnamed article that appeared in the Times of London on Saturday, November 24, 1945. Therefore the Tribunal rejected the material as evidence because it was a \u201cgarbled merger\u201d of two Hitler speeches obtained from questionable sources. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 110/143 \u201cDr. Stahmer: Mr. President, this document has nevertheless been published in the press and was apparently given to the press by the Prosecution. Consequently both the Defense and the defendants have a lively interest in giving a short explanation of the facts concerning these documents. The President: The tribunal is trying this case in accordance with the evidence and not in accordance with what is in the press, and the third document is not in evidence before us.\u201d Christopher Browning, American historian of the Holocaust, L-3 document, which contains the Armenian quote, is an \u201capocalyptic\u201d version of Hitler\u2019s speech that day which was purposefully leaked to the British in order to gain their support to Poland. According to Alan Whiticker, several historians examining Lochner\u2019s version of Hitler\u2019s speech (the L-3 document) concluded that it was a heavily distorted version designed to arouse a reaction against Hitler in various countries. ( content/uploads/2012/11/greek-armenian-assyrian-hoax-memorial-officials.png) Hellenic Council Press Release 20 May 2012. Adelaide Genocide Memorial Enveiled. \u201cLocated in the Mausoleum of the Holy Family in Salisbury Downs, the memorial is a joint effort of Adelaide\u2019s Pontian Brotherhood and Armenian Cultural Association, the monument is dedicated to the Hellenic, Armenian and Assyrian Genocides. The Assyrian Universal Alliance\u2019s Hermiz Shahen (1st on the left) said: \u2018Today\u2019s unveiling of this extraordinary monument, which honours the victims of the Greeks, Assyrian and Armenian genocide, is a significant event in the life of the three nations and our communities in Australia and abroad; communities that have been established as a direct result of the continuous assaults on their nations.\u2019 [What Hermiz Shahen should have said was, \u201cwe, a handful of people, are skilfully exploiting our ancestors sufferings using the religion card, for our own short term interests] ( content/uploads/2013/03/assyrian-greek-armenian-racists-with-greek-xenophon.jpg) Assyrian Mr. Hermiz Shahen, Greek Mr. Panayiotis Diamadis, Armenian Mr. Varant Meguerditchian on lobbying rounds, visiting Cypriot/Greek \u2013 Australian politician Mr. Nick Xenophon, independent senator for South Australia. 2011 The Turks saw in Lawrence of Arabia and Midnight Express were (\u2026) like cartoon caricatures compared to the people had known and lived among for three of the happiest years of my life.\u201d [Mary Lee Settle, writer and traveller; Turkish Reflections Biography Of Place (New York, Prentice Hall Press, 1991)] 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 111/143 ( content/uploads/2012/11/554556-anzac-day-abroad.jpg) Australian and New Zealander soldiers march during a commemoration ceremony at the Turkish Memorial in Gallipoli, Turkey, Sunday, April 24, 2011. The World War battlefield of the Gallipoli campaign, where throngs gather each April to remember the fallen, is a place of lore, an echo of ancient warfare on the same soil. Each year thousands of people from Australia, New Zealand, England & Turkey gather to remember the WW1 campaign that cost hundreds of thousands of lives. The annual Day ceremony remembers the forces of the Australian & New Zealand Army Corps under British command who fought a bloody nine-month battle against Turkish forces on the Gallipoli peninsula in 1915. ( content/uploads/2012/11/ataturk-park-awm-australian-parliament-canberra.jpg) Ataturk Memorial Garden (left) seen from the steps of the Australian War Memorial, looking down Parade towards the Australian Parliament building in Canberra. The location of the Ataturk Memorial Garden has been well thought out to give highest honour to all peoples who celebrate the close ties between two nations who once knowing each other, have wished to remain good friends. ( content/uploads/2012/11/colin-tatz-award-for-greek-propaganda.jpg) Sydney, 9 May 2012 Parliament, seminar room Colin Martin Tatz, receiving his award from the \u201cElders\u201d of the Hellenic community for his political activism & for his \u201cmade to order\u201d legacy through his series of \u201cGenocide Perspectives \u2013 Intent to Destroy IV\u201d, backed by little scientific evidence. Treating data like this & pulling out results like these seems to do neither history nor the ethnic groups any favours. Such a misleading selective history masquerading as responsible history is justly called pseudohistory not political science. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 112/143 ( ( This is what the Justices of the Victorian Court of Appeal had to say about the surviving Lebanese-Armenian terrorist Levon Demirian : \u2013 In a joint judgment, McGarvie and O\u2019Bryan said v Demirian [1989 97 at 123-124 \u201cThe type of activity engaged in by the applicant and others is rare in this country but terrorist acts are common place in the country from whence the applicant emigrated to Australia. Unless courts in this country are vigilant in imposing condign sentences for such conduct evil-minded persons might seek to emulate this conduct. The conduct of the applicant in conspiring with others to endanger life and cause serious injury to property by 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 113/143 detonating an explosive substance beneath the Consulate brought shame to this country when the bomb exploded. The Turkish nation is a friendly power and members of the Turkish community now assimilated into Australian society were affronted by this evil deed. The heinousness of the crime is accentuated by the fact that the applicant abused the sanctuary this country offered him. When a crime of such notoriety and heinousness is committed in the name of a political cause this Court is not required to fix a minimum term. The political nature of the offence and its seriousness render the fixing of such a term inappropriate sentence imposed in these circumstances should be exceptional to mark the seriousness with which the crime is viewed and therefore no minimum term should be fixed.\u201d (1988 33 Crim at p 474) 58 Tadgell agreed, in relation to that aspect of the appeal (at p 481).\u201d ( terror-australia.jpg) In 1980, in a local example of a much wider international campaign, two Turkish officials, the Turkish Consul-General in Sydney, Sarik Ariyak, and his 28-year-old bodyguard Engin Sever were gunned down by two people. The Justice Commandos for the Armenian Genocide claimed responsibility for the assassination and their assassins remain at large. Levon Demirian became a prime suspect & was questioned by the police, no charges were laid. Police said the attack was the result of a \u201clong standing hatred against the Turkish people\u201c. In the 1970s and 1980s, Turkish diplomats were considered the second-greatest security risk worldwide, after Americans. Until 1986, 42 Turkish diplomats were killed by militants & more than 280 civilians/bystanders injured from terrorist acts lie may take care of the present, but it has no future. ( content/uploads/2012/11/varant-meguerditchian-bob_carr-armenia.jpg) 4 Mar 2012, Meguerditchian, (Former) Executive Director of the ANC, welcomes the appoinment of Bob Carr to the Foreign Minister\u2019s position. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 114/143 ( content/uploads/2012/11/vache-kahramanian-bob_carr-armenia.jpg) 24 Feb 2013. Current Executive Director of the ANC, Vache Kahramanian, comdenms the Foreign affairs Minister Bob Carr & \u201cencourages him to return to his moral convictions ( Turns+on+Armenian+Genocide%3B+calls+it+a+%E2%80%9Chistorical+dispute%E2%80%9D+%5BVIDEO%5D)\u201c, back to when he had served as a politician in NSW, rather than a diplomat, representing the interests of the entire nation. Kahramanian said: \u201cCalling the Armenian Genocide a \u2018historic dispute\u2019 and deciding to not take a stand means Senator Carr has fallen into the camp of Armenian Genocide deniers, which is confusing after he helped lead efforts to have become Australia\u2019s first state to recognise the Armenian Genocide in 1997.\u201d Kahramanian loads his own meanings to Bob Carr\u2019s response, who said \u201cwe do not take a stance as a government in this historic dispute\u201d, this is not to say he doesn\u2019t believe in what he promised to the years ago. Hiding behind the cover of free speech, which we all equally enjoy here in Australia, no government official, especially a Foreign Affairs Minister deserves to be accused of being comprimised by a foreign state in such a rude manner. This is nothing but poor judgement & an extremely unfortunate statement. Nor should this in any way, shift the blame away from politicians who get embroiled in such matters for the sake of their own short term political gains, at the expense of the wider populations interests. Armenian National Committee of Australia lobby group, have invested a considerable amount of time & hope in Bob Carr for more than a decade. Political favours for small interest groups (in comparison with the population ratio) for laws and/or legislation is among the main reasons for bad policies & conflicts throughout the world. In 2008 the Australian Government introduced a Lobbying Code of Conduct and established a Register of Lobbyists ( to ensure that contact between lobbyists and Commonwealth Government representatives is conducted in accordance with public expectations of transparency, integrity and honesty. Thus, a totally legitimate occupation according to the Australian Federal Government. The opinion that lobbying should not occur in a democratic society also impairs the overall perception of this activity. In this context, it is not surprising to see people who lobby hesitate to identify themselves as lobbyists. In essence, a lobbyist\u2019s function is to speak on behalf of the lobby, of a client, an enterprise or an organisation that he or she represents in order to influence a public office holder & in return expect financial benefits for his/her services. ( content/uploads/2012/11/bob-carr-armenian-diaspora-vache.jpg) 25 Feb 2013. This message was sent via Australia\u2019s Web Lobby System \u2013 Powered by KayWeb. Rightly so, the Armenian National Committee of Australia requests Bob Carr to honour his words & to keep his promises. Among many, one very noteworthy boost Bob Carr received from a frequent panellist Sassoon Grigorian is the following article in The Punch; \u201cHe\u2019s smart, and he knows his Qing from his Ming 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 115/143 ( It is not uncommon that politicians often forget their promises after being elected, let\u2019s not be naive about it, but nevertheless, \u201cDear Mr. Bob Carr, \u2018You once said\u2026\u201d and the remainder content of this e- letter is a sign of valid frustration. ( content/uploads/2012/11/bob-carr-vache-anc-donation.jpg for -26 Feb 2013. \u201cDear fellow activist, we have taken on Australia\u2019s Foreign Minister, Mr. Bob Carr, who obviously has been influenced by our wealthy opposition, the denialist Turkish State, which funds its Embassies & Consulates to run misinformation campaigns\u2026\u201d (so pay up!) \u2013 How many people would have heard of any Turkish campaign in regards to this debate? Why or how would Turkey be an opposition, since Turkey is a Nation State, whereas is a political lobbying group with conflict of interest in the matter? The irony is, unless somehow becomes as powerful as the world\u2019s 16th biggest economy, these assistance requests will never end. ANC; \u201cMr. Carr & Australia became aware that Armenians will not be taken for a ride. After all the truth is on our side. The truth runs in our bloodline\u201d \u2013 Scientifically not true, truth does not run through the bloodline, it runs through one\u2019s brain & mind. The leftover from this process is what runs through the bloodline, which is then passed down through generations. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 116/143 ( terror-australia-demirian-anc.jpg) John & Levon Demirian brothers of Epping, deceased terrorist Hagop Levonian of Willoughby. ( content/uploads/2013/03/paul-fletcher-armenian-lobby-varant-diaspora-minister.png) Minister of Diaspora for the Republic of Armenia, the Hon. Hranoush Hakobyan visited the New South Wales State Parliament & met with State & Federal Parliamentarians during her short stay in Australia. Varant Meguerditchian, Paul Fletcher, Hranoush Hakobyan. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 117/143 ( content/uploads/2012/11/convicted-terrorist-levon-demirian-sydney.jpg) 22 Sep 2012. Republic of Armenia, Minister of Diaspora, Hranush Hakobyan hosting Australia\u2019s 1st convicted terrorist Lebanese-Armenian, Turkish Consulate bomber (left) and Giragos Bakalian reciprocating to Hakobyan\u2019s visit, representing the Australian-Armenian community, in her ministerial office in Yerevan, Armenia. \u201cPolitical language is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind\u201d George Orwell ( content/uploads/2012/11/levon-demirian-asala-armenian-terrorist1.jpg) Page 4, The Citizen, Ottowa, Friday, June, 1982. Armenian terrorists, based in Lebanon and bankrolled by Libya and the Soviet Union, have established an underground cell in Toronto \u2013 to deep alarm of intelligence people and local police. The group, which calls itself the Armenian Secret Army for the Liberation of Armenia (ASALA), but goes by several other names, is dedicated to the creation of a Marxist-Leninist state in what it calls \u201chistoric Armenia\u201d a large area of eastern Turkey and southwestern Russian north of the Turko-Soviet border\u2026 (Besides assassinating Turkish officials abroad) \u2026For the most part, they involve extortion attempts on Armenian-Canadians, in order to raise funds for a projected campaign of insurgency in the Middle East. But the money that terrorists are trying to pull from Armenians in Canada and the U.S. isn\u2019t coming loose easily\u2026 An spokesman in Washington told Southam News that concern about activities by the Armenian Secret Army and organizations affiliated with it \u2013 such as the Justice Commandis of Armenian Genocide is increasing. While most of the incidents in North America so far have occurered in California, where most of the continent\u2019s 600,000 Armenians live, the base operation appears to be expanding\u2026 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 118/143 ( content/uploads/2013/03/turkish-diplomats-asala-armenian-terror.jpg) Turkish Ambassadors, Diplomats, Consular Officials assassinated by terrorists (Armenian Secret Army for the Liberation of Armenia) in the 70\u2019s and 80\u2019s, who were based & trained in Beirut camps of the in Lebanon & funded by the Soviet Union. Armenia was a Soviet State until it declared its independence on 23rd Aug 1990. \u2014\u2014-oooooo By Henry Noel Brailsford, London G. Bell & Sons, Oct 1918 (Chap POLITICS) \u201cThese economic considerations were no doubt seldom consciously present to the minds of statesmen. Still less were they often stated in speeches or leading articles. Oratory preferred, of course, to take higher ground, and to assume that politics are conducted on a basis of abstract right and disinterested sentiment. Nor need we suppose that the disinterested sentiments expounded by such idealistic Liberals as Gladstone were coloured by such calculations as these. But it was these calculations which gave the sentiments their opportunity and their vogue prophet of the religion of humanity would have preached in vain either to a feudal caste which thought of the world overseas as so much land to conquer, or to financial groups which thought of it simply as a field for their investments. An audience of manufacturers on the other hand was probably flattered to find that its own pedestrian habits of thoughts coincided so nearly with the dictates of an elevated altruism. It was quite ready to believe that the Armenians were its suffering brethren, because it already regarded them as its customers. Napoleon called us a nation of shopkeepers. Shopkeepers have this merit, that they are bound to desire the prosperity of their clients. The usurer on the other hand is often best served by the bankruptcy of his victim \u2013 provided of course that diplomacy will help him to foreclose. ( content/uploads/2012/11/balfour-bio-british-gladstone-turkophobe.jpg) On Gladstone\u2019s Turkophobia by Published 1920 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 119/143 ( gladstone-turkophobe-british-pm.jpg) William Ewart Gladstone, 4 times British Prime Minister between 1868-1894, very well known for his Turkophobia. W. Gladstone, Sep 1876; \u201cLet me endeavour, very briefly to sketch, in the rudest outline what the Turkish race was and what it is. It is not a question of Mohammedanism simply, but of Mohammedanism compounded with the peculiar character of a race. They are not the mild Mohammedans of India, nor the chivalrous Saladins of Syria, nor the cultured Moors of Spain. They were, upon the whole, from the black day when they first entered Europe, the one great anti-human specimen of humanity. Wherever they went a broad line of blood marked the track behind them, and, as far as their dominion reached, civilization vanished from view. They represented everywhere government by force as opposed to government by law. \u2014 Yet a government by force can not be maintained without the aid of an intellectual element. \u2014 Hence there grew up, what has been rare in the history of the world, a kind of tolerance in the midst of cruelty, tyranny and rapine. Much of Christian life was contemptuously left alone and a race of Greeks was attracted to Constantinople which has all along made up, in some degree, the deficiencies of Turkish Islam in the element of mind!\u201d W. Gladstone The Turks are not, like their coreligionists, by nature a fanatical people. As a matter of fact, the history of the Ottoman Empire is less marred by religious intolerance and by massacres due to religious hatreds than the history of European states from the thirteenth to the sixteenth centuries. It is well to remember that when the Crusaders were butchering their Moslem prisoners in Palestine, when the horrors of the Spanish Inquisition were in full swing, when Cromwell\u2019s troopers were massacring the Catholics of Ireland, when Protestants in France were being exterminated by order of the French king, when Jews were being subjected to countless persecutions and barbarities in every European country, Moslems, Christians and Jews were dwelling side by side, in perfect amity, in Asia Minor.\u201d [E. Alexander Powell, The Struggle for Power in Moslem Asia (N.Y., 1925) p. 120] 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 120/143 ( armenia-us-directors.jpg) Cable message from the Directors of the Armenian Relief Organization (co-signed by James Gerard). By James W. Gerard Ambassador to Germany 1913-1917 The New York Times, July 6, 1919 The Armenians have made considerable contribution to the winning of the war, which entitles them to the right to claim our aid in the organization of the framework of their government. In the beginning of the war, the Armenians turned a deaf ear to the Turkish offer for autonomy in consideration of the united support of the Turco-Germans, which support would have helped the Turks to overwhelm the Russian-Caucasus front and enabled them to reach Middle Asia, and which at the same time would have forced Russia to bring divisions from the Austro-German front to the Caucasus. And again in 1917, when Germany, balked on the Western front, and encouraged with the defection of Russia, turned her attention to the east, the Armenians improvised a force of 50,000 men, took over the Caucasus front which was over 250 miles long, and deserted by the Russians, betrayed by the Georgians, harassed by Tartars and Kurds, and without any help from any outside force, fought the Turkish Army for seven months, and thus frustrated the Turco-German scheme. They did these things relying upon our good faith and upon our pledges. Can we now break faith with them ? It is useless for us to wish them to have independence, unless we are willing to make it possible for them to insure that independence. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 121/143 ( content/uploads/2012/11/james-gerard-armenian-charity-usa.jpg) James W. Gerard jumps on the bandwagon to start a new charity drive, despite the 100\u2019s that had already popped up by imitating & Near East Relief. Chairman of the American Committee for the Independence of Armenia, \u201cExpects Aid for Armenia\u201d, from the U.S. Treasury using the old \u201ccarrot & stick\u201d approach. Correspondence between the U.S. High Commissioner to Istanbul, Rear Admiral Mark Bristol and Rev. James Barton, Director of the American Board of Commissioners of Foreign Missions (source of atrocity stories) \u2013 Chairman of the Near East Relief (recipient of private donations & the U.S. Treasury relief funds) Mar 28, 1921. Excerpts from \u201cBristol Papers\u201d U.S. Library of Congress. \u201cIn regard to loaning the Armenians money without Armenia being under a mandate believe this is an unjustifiable waste of money. For two years we have expended money in relief work for the Armenians and we supplied them flour on a loan covering over 50 million dollars. What is there to show for all this vast expenditure? There is nothing to show except ingratitude, and when an emergency arose, one of the greatest friends Armenia ever had and the one that had been working and giving his best efforts for relief work amongst them, had to depend upon the Turks for his own personal protection. It is a well known fact that in the beginning of our relief work flour and provisions turned over to the Armenian Government for the starving were taken by the high officials of the Government and sold for their own benefit. Then finally Armenia turned Bolshevik and repudiated all her debts; and one of these debts was for the flour we had furnished on their word of honor to repay, because they certainly had no security to offer. It was a sentimental loan based on faith in a people, and they have gone back on us\u2026\u201d Rev Barton\u2019s response to the U.S. High Commissioner to Turkey, Admiral Mark Bristol. May 6, 1921 probably have suffered as much from the lack of appreciation on the part of Armenians as anyone. For twenty-five years have worked for them doubt if there is anyone in the country that has been more frequently attacked than have I, from Cardashian down. Some -and this number is not few- have remained absolutely loyal and appreciative. But they are a peculiar people. They have a great faculty of making themselves disliked wherever they go and by most people who move among them, and yet we must remember they are human beings with capacity for education, development and reform feel intensely sorry for them and am ready to work on would not be in favor of putting the Armenians into power anywhere without having some restraining influence among them that would prevent their ill treatment of any subject races under them. In my previous letter to you spoke of Armenia at the time when the loan was considered and established fact referred of course only to the Armenia in Russia which had been recognized in Washington to the extent that it was willing to accept the signature of its officials as guarantee for the repayment of the loan think the same was true in England was not, of course, referring to any Armenia in Turkey outlined by the President.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 122/143 ( content/uploads/2012/10/dashnak-betrayal-of-armenia-bolshevik.jpg) 04 December 1920, Armenia becoming Soviet at the request of Armenian Bolshevik Committee. General Dro (Drastamat Kanayan, Armenian folk hero, 1st Defence Minister of the Armenian Republic, decorated by the Russian Tsar for his services commanding the Armenian 2nd Batallion against the Ottoman Army, securing his place in the Soviet Armenian Government. General Dro will later command the 812th Armenian Battalion of Wehrmacht during WW2 ( \u201cTurkey & Armenia signing a peace treaty in December 1920, could be a case study for \u2018comparitive genocide studies scholar Colin Tatz\u2019 in the sense, Hitler signing a peace treaty with Jewish leaders or vice versa\u201d. \u201cRelief work in Armenia proper no longer possible but Yarrow hopes under the protection of Turks to continue relief of Armenians in Turkey and to obtain communications and supplies through Erzerum and Trebizond.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 123/143 ( History is still recording what imperialism is capable of doing in places it sets its eyes on. But it was impossible to make the public-spirited revolutionaries comprehend this. The anarchists and propagandists among them who could be useful neither to themselves nor to their communities in any other way were receiving salaries. They were also receiving what they conceived to be pledges. Overwhelmed under these conditions, they believed there was Turkish oppression, and they also made their compatriots believe in their lies. The last quarter of a century of Turkey\u2019s history is filled with some Armenian events. Although these events were supposedly aimed at some goals harmful to Turkey, in fact they were only the oppression of Armenians by Armenians. If the causes and reasons for each event are analyzed one by one and if the events are analyzed meticulously, the only conclusion that will be arrived at is the one we have stated in the previous sentence; the oppression of Armenians by Armenians.\u201d [Migirdic Agop, The Turkish Armenians, Istanbul 1922] 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 124/143 ( content/uploads/2012/10/pervaya_armyanskaya_drujina_2_battalion_19141.png) Nov 1914, 2nd Armenian Battalion of the Russian Army getting blessings from an Armenian priest (centre), before going into battle against the Ottoman Army. Commander General Dro (centre right, hands behind his back looking away from the camera). ( General Dro\u2019s Mausoleum in Aparan Armenia. Out of sight but not out of mind. Restricted access for outsiders wreath laying opportunity for foreign dignitaries. One cannot become a genuine friend of the Armenian Ultra Nationalists without taking \u201cDro\u201d to heart. Australian politicians (source of image and names ANC). ( On 15 December 1942, the \u2018Armenian National Council\u2019 was granted official recognition by Alfred Rosenberg, the German Minister of the occupied areas. The \u2018Council\u2019s\u2019 president was Professor Ardashes Abeghian, its vice-president Abraham Giulkhandanian, and it numbered among its members Nzhdeh and Vahan Papazian. From that date until the end of 1944 it published a weekly journal, Arm\u00e9nien, edited by Viken Shant (the son of Levon) who also broadcast on Radio Berlin. The collaboration between the Dashnak Armenians & the Nazis during World War was accompanied by articles appearing in the pro-Nazi Armenian publications that praised Hitler\u2019s policies & made derogatory & anti-Semitic remarks about the Jews. The service of the Armenians to Hitler\u2019s efforts to exterminate the Jews came at a time when the Turkish government was giving asylum to many European Jews who were fleeing from Europe. Given the fact that scores of Armenians expressed blatantly anti-Semitic and pro-Nazi views in the and in Europe during World War & large numbers of Armenians served in Hitler\u2019s armies, one wonders how without feeling any shame or guilt \u2013 the Armenian propagandists today can ask the support and sympathy of the world Jewish community. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 125/143 ( content/uploads/2012/10/general-dro-nazi-war-criminal.png) Armenia\u2019s folk hero, an inspiration and idol to Armenian youth worldwide, 1st Defence Minister of the Armenian Republic, Commander of the 2nd Armenian Battalion of the Russian Army WW1, Commander of Hitler\u2019s Waffen Nazi Armenische Legion WW2, Drastamat Kanayan, \u2013 Nazi War Criminal, working for on the Armenian (counter-intelligence) project after his capture. ( content/uploads/2012/11/nazi-war-criminal-dro-armenian-state-medal.jpg) Adding insult to injury is the institution of a State Medal in 2001 by the Armenian Republic in honour of the Nazi war criminal, Drastamat Kanayan aka General Dro. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 126/143 ( content/uploads/2013/03/anc-australia-tro-committee-ayf-armenian-youth.jpg) Armenian National Committee of Australia\u2019s \u2013 Armenian Youth Federation in the footsteps of their beloved leader General Dro. The name-father of ARF\u2019s \u201cTRO\u201d Committee. (Chapter) of Willoughby NSW. Armenian Revolutionary Federation Australia ( \u2013 Tro Committee to continue \u201cTime for Youth\u201d initiative. Feb \u2013 2013 ( content/uploads/2013/03/armenische_legion_offizer_uni1943.jpg) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 127/143 The Armenian Legion (German: Armenische Legion; Armenian: Haykakan legion) was the name given to the 812th Armenian Battalion, which was a foreign unit of Hitler\u2019s Nazi Army of the Wehrmacht in World War II, under the leadership of Drastamat Kanayan, Armenia\u2019s 1st Defence Minister, the commander of Armenian de-facto belligerents fighting in eastern Turkey against the Turks, the butcher of the Caucasus. This infamous 812th Battalion later developed into a so-called \u201cArmenian Legion\u201d of 20,000-strong with the efforts of Alfred Muradian, a German- Armenian, and by Armik Jamalian, the son of the Arshak Jamalian, the Foreign Minister of the short-lived Armenian Republic. The troops of this Legion were trained and led by the and its Security Division S.D., and they joined the Nazi Einsatz Gruppen in the invasion of the Crimea and the North Caucasus. These Armenian Battalions rendered valuable services to the Nazis as police units for internal security duties in the occupied territories. It was their duties to round up the Jews and the other \u201cundesirable\u201d elements, and organize the death marches to the concentration camps. ( content/uploads/2013/03/haig-kayserian-tro-committee-australia-armenians.jpg) Haig Kayserian & the Armenian Revolutionary Federation \u2013 Tro Committee, conveying their condolences on the occasion of the sad passing of His Eminence Archbishop Aghan Baliozian. Further evidence Armenian propagandists are unaware of their own history & rely on others to advance their ambitions, or they simply turn a blind eye or conceal its dark chapters because it will damage the cause. ( content/uploads/2013/03/arf-tro-gomide-aram-tufenkjian-haig-kayserian-sbs-radio.jpg Directors, Dro aka. Tro youth leaders Aram Tufenkjian & Haig Kayserian at Radio Armenian Language Program. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 128/143 As an Armenian never condone terrorism, but there must be a reason behind this. Maybe the terrorism will work. It worked for the Jews. They have Israel.\u201d As quoted in the November 18, 1980 issue of The Christian Science Monitor. [Kevork Donabedian, the editor of The Armenian Weekly, the biggest media organization of the Armenian diaspora in the United States, Hairenik Publishing owned & operated by the Armenian Revolutionary Federation ( parent company of the \u2018Armenian Relief Society\u2019 Charity Fund.] ( content/uploads/2013/03/haig-kayserian-nazi-dro-youth-leader.jpg) Taking hypocrisy to a new high. Haig Kayserian, Dro Committee leader, named after the military commander of the Armenian Legion of the Wehrmacht, sympathizes with the Nazi Holocaust victims. Delusion; a fixed false belief that is resistant to reason or confrontation with actual fact. ( content/uploads/2013/03/anitkabir-mausoleum-ataturk-2011-kevin-rudd.jpg) An\u0131tkabir located in Ankara (literally, \u201cmemorial tomb\u201d) is the mausoleum of Mustafa Kemal Ataturk, the hero of Gallipoli, the commander of the Turkish War of Independence and the founder & first President of the Republic of Turkey. More than 7 million visitors (Turkish and Foreigners) payed their respects in 2011, of whom more than 6000 were Foreign Statesman, Dignitaries, Leaders etc.. Ataturk\u2019s reputation is gratuitously attacked by Greek & Armenian ultra-nationalists in due process. The former\u2019s monumental grave being the \u201cTomb of the Unknown Soldier\u201d in Athens. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 129/143 ( australia.jpg) \u201cField-Marshal Lord Birdwood \u2013 forever \u201cBirdie\u201d to the ANZAC\u2019s to attend Ataturk\u2019s funeral, who he fought a bloody battle against in Gallipoli.\u201d The Daily News Perth Fri. 11 Nov, 1938 p.2 ( ataturk-funeral-1938-respect.jpg) The West Australian, Sat. 19 November 1938, p.23 Prof. Tatz; \u2026\u201dBut intruding on this mourning ritual is the growing world recognition of the Ottoman (and, later, Kemalist) Turkish genocide committed between 1915 and 1922.\u201d 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 130/143 ( resistance-anatolia-1921.jpg) 28 Jul 1921 -Reuter\u2019s Message. Greek Army fighting 1000 kms away from Athens, approaching the heartland of Turkey, Ankara (the current capital), due to heavy losses inflicted by the Greeks, Kemalist resistance about to collapse. The years immediately preceding the surrender of the Ottoman Sultan, 1919 to 1922, are the years of struggle for national liberation headed by Mustafa Kemal (Kemalist Resistance). As a result of this struggle, the Turkish state was rebuilt in a totally new form, as a republic, ultimately, the Allies\u2019 imperialist designs were disrupted. Since Britain and France were not ready to start a new full-scale war in Anatolia, the Turkish war of liberation meant a war against Greek forces trying to enlarge Greek territory in western Anatolia. Early 1919, Mustafa Kemal managed to organize a regular army capable of fighting the army of the Sultan and the Greek forces. This battle ended with total Greek defeat in Sep 1922. During and after the struggle for liberation, Kemal gathered political power around himself, managed to secure the declaration of a republic, and ended the 600 year old Ottoman dynasty, as well as the institutions of the Sultanate and Caliphate. Ataturk then became the first president of the newly founded state. Ataturk\u2019s years in power, 1922\u20131938, witnessed tremendous reforms & modernizing efforts in Turkey and these reforms altered the future of the Turkish state. Instead of a theocratic constitutional monarchy headed by a sultan-caliph, there was now a secular republic, with a western education system, where in 1935 \u2013 18 women entered the Turkish Parliament. ( content/uploads/2013/03/first_female_mps_of_the_turkish_parliament_1935.jpg) First female MP\u2019s of the Turkish Parliament in 1935, having gained full universal suffrage in 1934 with Ataturk\u2019s efforts, at a time when women in a significant number of European countries had no voting rights. Colin Martin Tatz\u2019s despicable, shallow remarks should be pitied, not judged. Once again Tatz proves that he lacks the basic knowledge (even on primary school level) on this subject & has been concentrating his efforts on studying hate propaganda at the AIHGS, interestingly neither the Armenians nor Greeks make such claims about Mustafa Kemal. The surname Ataturk, literally meaning \u201cFather of Turks\u201d, a hero & nation builder, held dearly not only in Turkey, Australia, New Zealand but in almost every country around the world, is the perpetrator of the most heinous crime one can imagine of, according to an educator who is also a professor. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 131/143 ( content/uploads/2013/03/mustafa-kemal-ataturk-with-statesman.png) The leader of Kemalist resistance against colonialism & imperialism between 1919-1922, Mustafa Kemal Ataturk the founder of modern Turkey in 1923. 1) Mustafa Kemal Ataturk with Greek Prime Minister, Eleftherios Venizelos in Ankara Turkey on October 27, 1930. 2) Ataturk with General Douglas MacArthur, Chief of Staff of the United States Army and Agop Dilacar of Armenian descent, first Secretary General of the Turkish Language Association, 27 Sep 1932. 3) Field Marshal Lord Birdwood attended Ataturk\u2019s burial ceremony in the name of the British Empire; although he was sick, he wanted to honour a great man. Ankara 21 Nov 1938. 4) Crown Prince of Sweden Gustaf Adolf visiting Ataturk in 1934. 5) King Edward of Britain visiting Ataturk on 4 Sep 1936. 6) Pope Benedict \u2013 2006 7) Queen Elizabeth \u2013 2008 8) Jordanian King Abdullah \u2013 2013 9) Crown Princess Mathilde & Crown Prince Philippe of Belgium \u2013 2012 10) Australia\u2019s Governor-General, Quentin Bryce \u2013 2010 11 President Barack Obama \u2013 2009 12 Secretary General, Anders Rasmussen \u2013 2009 13) Israeli President, Shimon Peres \u2013 2005 14) Prime Minister of the U.K, David Cameron \u2013 2010 14) President of Ireland, Mary McAleese \u2013 2010 15) Prime Minister of Greece, Costas Karamanlis \u2013 2008 16) French President Nicolas Sarkozy \u2013 2011 17) German Chancellor, Angela Merkel \u2013 2013 ..and so on The name of Ataturk brings to mind the historic accomplishments of one of the great men of this century. His inspired leadership of the Turkish people, his perceptive understanding of the modern world and his boldness as a military leader. It is to the credit of Ataturk and the Turkish people that a free Turkey grew out of a collapsing empire, and that the new Turkey has proudly proclaimed and maintained its independence ever since. Certainly there is no more successful example of national self reliance than the birth of the Turkish Republic & the profound changes initiated since then by Turkey and Ataturk. Ataturk was deeply interested in the friendly relations that have traditionally existed between Turkey and the United States. He noted our democratic governments and once said prophetically, \u201cWe are friends now and we will be much closer friends in the future\u201d. Our present close alliance can be traced to the firm base prepared by Ataturk for free government in an independent Turkey am proud that the United States can be a partner in this alliance, linking us to the country of Ataturk, and to the ideals which Ataturk helped establish in Turkey and the World salute this great man on the anniversary of his death. John F. KENNEDY, President of the United States of America, 1963 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 132/143 ( content/uploads/2012/11/abdullah-gul-armenia-vs-diaspora.jpg) 07 Sep 2008 ( President Abdullah Gul (centre right), the first Turkish leader to visit Armenia, sounded upbeat that the two estranged neighbours could normalise relations if they follow up on his historic trip, it was reported. Turkish and Armenian ties have for years been poisoned by Yerevan\u2019s claims that up to 1.5 million Armenians were systematically killed by Ottoman Turks between 1915-1917 when their empire was falling apart. Turkey rejects the allegation and says that 300,000-500,000 Armenians and at least as many Turks died in civil strife when Armenians took up arms for independence in eastern Anatolia and sided with invading Russian troops. ( ( content/uploads/2012/11/vache-kahramanian-praises-kardashian-sisters.gif) Oct-Nov 2012, Armenian National Committee of Australia Executive Director, Vache Kahramanian slams President Obama for what he calls \u201cbeing on the wrong side of history\u201d. Kahramanian praises Kim Kardashian\u2019s charity drive (which hardly reaches Armenia by the time administrative expenses are covered first). Kardashian, despite having repeated the same narrative since her childhood (once learning to form sentences), still incapable of memorizing the cliche 43 sec. long script. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 133/143 ( content/uploads/2012/11/greece-pledges-support-for-turkey-2020-olympic-bid1.jpg) Greece has offered its support for Turkey\u2019s bid to host the 2020 Olympics. Greek Samaras (left) & Turkish Erdogan. Beset by economic crisis at home, Greece took a symbolic step towards improving relations with long-time arch rival Turkey on Monday by pledging to double annual trade with its eastern neighbor over the next three years. Greek Prime Minister Antonis Samaras, on his first visit to Turkey since winning power in June, met his Turkish counterpart Tayyip Erdogan in Istanbul & signed deals on issues from agriculture to disaster relief. They set a target of $10 billion in annual trade by 2015. The Aegean nations have long been embroiled in disputes over territory, energy exploration & the divided island of Cyprus, but Greece\u2019s main priority now is boosting an economy which has shrunk about 20 percent since 2008. \u201cToday is a good day for Greek-Turkish relations, and it\u2019s in our hands to have more of these good days,\u201d Samaras told a news conference in Turkey\u2019s largest city Istanbul, saying the two sides were carefully building trust ( Dr. Nilgun Gulcan, Political Scientist & Expert on Caucasus Politics : \u201cThe last and the most importantly they use so called \u2018Turkish threat\u2019 as an instrument for their unity and identity in Diaspora. If Turkish threat vanishes from the Armenian agenda assimilation of Armenian identity of Armenian diaspora will escalate. If Turkey recognizes Armenian allegations, Armenian diaspora organizations will radically deepen their anti-Turkey campaigns. This is an open-ended process, and no one in Armenian Republic can benefit. Turkey\u2019s possible recognition of Armenian allegations will not help reconciliation and will not help Armenian people in Armenia. The Republic of Armenia need Turkey and the Turks while Diaspora Armenians need a Turkish threat: Armenia Armenians have different interests. They do not live in California, New York, Paris or Sydney. They live in a different geography. They live in a land-locked country. They do not live with Americans, French or others but mainly with the Turks. There are more than 100 million Turkish peoples around Armenia: Turkey, Azerbaijan and Iranian Azerbaijan. The Diaspora Armenians can insult Turkish people, diaspora can sacrifice Turkey\u2019s friendship for the historical debates because they do not need Turkey and Turkish friendship. As a matter of fact what they need is a Turkish threat to survive as an Armenian in a foreign environment. They need a legacy to prevent assimilation and they have created the \u201c1915\u2033. It is understandable that two nations could see the past events in different ways. Armenians could accuse Turks and Turkish people could accuse Armenians for the killings of 1915. Turkish historians say more than 500,000 Muslims were killed by the Armenian armed groups while the Armenian historians accuse Turks of killing thousands of Armenian civilians. All these differences could be discussed. Differences between two sides are quite normal and understandable. However Armenians should not sacrifice today for the past issues. Armenian politicians should not make politics over the dead people. Armenian diaspora should not sacrifice Armenia for their own diaspora interests. Now there is a very enthusiastic government in Turkey to normalize relations with Armenia. If Armenia cannot normalize relations with Party Government, it will have no more chance. Armenian politicians hope a European or American pressure over the Turkish government. All these options were applied and both the and the understand that Turkey will not open its territorial borders without Armenia taking a step in the occupied territories issue. Moreover Armenia\u2019s \u2018strange\u2019 special relations with Russia disturb the Americans and Europeans. Armenia\u2019s Russia policy obstructs the West to implement its Caucasian policies. While Georgia and Azerbaijan develop close relations with EU, NATO, USA, Israel and Turkey, Republic of Armenia forged its links with Moscow. Now Russia has monopoly on energy and many other sectors. Armenia is a sui generis case in its relations with Russia. European or American pressure over Turkey did not work and will not work: \u201cThe only way to normalize relations between Turkey and Armenia is normalization of Armenia-Diaspora relations. If diaspora manipulations and misdirections end, Turkey and Armenia could solve their problems in time\u201d. Not only the Western Armenian Diaspora but also the Karabakh Armenians manipulate Armenian policies. They are Karabakh-obsessed and cannot see the regional realities. Armenia must think again the cost of its Karabakh occupation. First, Karabakh problem hinders democratization in Armenia. Hawkish President Kocharian\u2019s inner circle are only those from Karabakh. There is a vivid economic catastrophe, however the Karabakh problem and so-called Turkish threat are used to curtail all these problems. There is a bitter demography problem. Armenia\u2019s population is not sufficient for the survival of Armenia and dramatic migration to abroad continues, but extreme nationalists are talking about conquering new territories: Karabakh, Naxcivan, Eastern Turkey, some parts of Georgia and Russia. They are not realistic. Armenia needs population and financial aid, not advice or new territories. Armenia needs regional friends. Armenia needs to put an end to historical hostilities, not to create new ones. Armenia needs a diaspora which sincerely considers Armenia\u2019s interests\u201d. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 134/143 ( content/uploads/2012/11/armenian-genocide-enterprise-flyer-australia.jpg) Not to be fooled, every single logo supporting the protest, ARF, AYF, ARS, ANC, Hamazkeine etc. lead to only one address; 259 Penshurst Street Willoughby 2068. Reconciliation between Turkey & Armenia is bad for business. According to their logic, Turkey needs to recognize the Armenian allegation of genocide before any kind of normalization with Armenia is to occur. Normalization first, talks about what happened in 1915 later is a non-starter. ( content/uploads/2012/11/anc-armenian-lobby-australia.gif) 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 135/143 title worth a million words\u2026 Getting attention through lobbying, not studying. Despite the multi-billion dollars of funds which Armenia has been a recipient of since the late 1800\u2019s, according to the Forbes Magazine, Armenia is the worlds 2nd worst economy after Madagascar. ( Charity is injurious unless it helps the recipient to become independent of it.\u201d John D. Rockefeller, American industrialist & philanthropist ( content/uploads/2012/11/armenian-fundraising-industry-christian-clergyman.jpg) Highways in Turkey in 1917? Evidence that Haggard did not go anywhere near Turkey. Another among countless Christian Holy men concerned for \u201cStarving Armenians, Rev. Fred P. Haggard\u201d\u2026\u201dSecretary of American Relief Commission Bares Truth to Public of Inconceivable Horrors Inflicted on Christians; Two Million Slain; Millions Starving.\u201d \u2013 \u201cThis is the first of six articles on the horrors in Armenia, told by an American authority on the subject. Dr. Fred P. Haggard has spent has spent much time investigating the atrocities of the German dominated Turks, and he is head of the Armenian and Syrian relief work in the United States\u201c. El Paso Morning Times Texas, Monday, December 17, 1917. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 136/143 ( funds.jpg) The Brooklyn Standard Union, February 7, 1919. Orrin P. Judd presided. The speakers were Dr. Fred P. Haggard, National Director of the National Committees of Northern Baptist Laymen; Dr. James P. Franklin, who is National Secretary of the organization, and also Secretary of the Foreign Missionary Society of the Baptist Church, and F. W. Ayer, head of N. W. Ayers & Co. one of the largest advertising agencies in America\u2026. Dr. Haggard; \u201cWe are entering upon a new era. We have laid out a budget of $6,000,000 and have in our campaign not only the raising of the money as a chief objective, but of realizing our responsibility in this solemn hour of the world\u2019s crisis. While the Methodists and the Presbyterians launch their campaigns and talk in world terms, can we sit idly by and contemplate our campaign with equanimity? Last year we raised $3,766,000 which was a million more than we expected and still represented less than one cent a day for each member of the Northern Baptists\u2026\u201d \u201cWhile other churches are pilling up huge sums, shall we as Baptists stand still? We should never survive it.\u201d (3.7 million is approx: 80 million today, which would have built very long multi-lane highways anywhere around the world, with one of America\u2019s largest advertising agency\u2019s \u2018head\u2019 involved, 6 million is not a dream) There is not a single credible archival document which can be attributed to a Turkish leader, soldier, statesman that implies- suggests any intention of destruction of the Armenian, Greek, Christian etc. peoples of the Ottoman Empire, whereas there are literally 100\u2019s if not thousands of such statements from foreign leaders, soldiers, clergyman who were not only sincere in their thoughts of getting rid of the Turks, they were unashamedly joyfull in due process which systematically, deliberately targeted the Turks and Turkish people of Anatolia for decades. Intent to destroy? or exploitation of human suffering regardless of race, skin colour and religion? 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 137/143 ( content/uploads/2012/11/propaganda-armenian-lies-in-the-media-1900s.jpg) The Turkish threat is not only beneficial for diaspora Armenians, it has been profitable for many sectors since the late 1800\u2019s. Such as, the press and media who have benefited from fear mongering & from Anti-Turk propaganda campaigns by sensationalizing reports to boost newspaper sales as early as 1890\u2019s By \u2013 LONDON: 1921. Chapter Armenian National Committee of Australia alleges that the 2011 Australian Census Data is flawed! 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 138/143 ( content/uploads/2012/11/anc-2011-australia-census-flawed.jpg) Vache Kahramanian calls on to immediately reverse its illogical decision. 2011 Australian Census flawed, according to the Armenian National Committee of Australia. ( content/uploads/2012/11/armenian-national-committee-australia-census-2011.jpg) Detailed graphic explanation on where to write \u201cARMENIAN\u201d in the 2011 Australian Census, as well as writing APOSTOLIC\u201d in the question relating to religion. Obviously it\u2019s not the Australian Census Data that is flawed. 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 139/143 It is hard to believe that a man is telling the truth when you know that you would lie if you were in his place.\u201d Henry Louis Mencken ( content/uploads/2012/11/walt-secord-anc-armenian-lobby-australia.jpg) Walter \u201cWalt\u201d Secord is a Canadian-born Australian politician. He has been an Australian Labor Party member of the New South Wales Legislative Council since May 2011, when he was elected to fill the vacancy left by the retirement of Eddie Obeid (disgraced power broker). He studied arts at York University in Toronto, and worked as a journalist for the Toronto Star before emigrating to Australia in September 1988. Walt Secord defines the above cities as being part of Western Armenia. Far from reality, the fact is, Javakheti is within the constitutional territories of Georgia, whereas Ani, Kars, Van & Mt. Ararat are within the borders of the Turkish Republic. It is somehow evident who picked up the misinformation (study) dinner bill. While %40 of Gallup poll respondents ( are looking for a way out of Armenia, while Armenia-elects-a- president drama ( turns into a fantasy thriller complete with secret societies, mystical forces and evil home repairmen, while Armenian presidential candidates are plotting assassinations on each other \u2013 losers going on hunger strike ( Mr. Walt Secord is conquering new territories belonging to the Turks & Georgians for Australian ultra-nationalist Armenian youngsters of the Armenian National Committee of Willoughby\u2026 God help you all. ( content/uploads/2012/11/haig-kayserian-walt-secord-anc-lobby-dinner.jpg) Haig Kayserian Australia Communications Director & business partner of Soghomonian Jr. Walt Secord Dec 2011 says; Studying the story of a friend having survived the Jewish Holocaust, he reached the Armenian Genocide issue; \u201cIn the result of the studies found Hitler\u2019s words: Who remembers Armenians? And these words led me to studying Armenian Genocide more thoroughly support the measures taken in France and Israel these days think denying the Armenian Genocide is immoral and evil-minded was in Artsakh yesterday, today came to Yerevan and visited Tsitsernakaberd Memorial to pay tribute to the memory of 1.5 mln victims,\u201d the Australian said. As a politician who has taken up journalism for a profession in the past, Walt Secord should very well know finding something (Hitler\u2019s supposedly quote, although proven conclusively to be a lie for decades, even by the Armenians) does not make it credible evidence journalist\u2019s responsibility is to give equal chance to reflect both sides\u2019 opinion, unless Walt Secord thinks there is no other opinion, other than the Armenian propaganda which uses & exploits the religion card over & over against the Turks. Walt Secord and other Australian politicians alike who have come under the spell of the Christian Armenian Lobby, should for once revisit their findings (if any) \u2026slowly, with little self interest, and with more conscience, but most importantly, without vilifying an entire nation & its people along with countless scholars worldwide who do not share the Armenian propaganda views. In due process if Walt Secord be kind enough to share the sources of his studies, as Prof. Tatz, Panayiotis Diamadis & Vicken Babkenian have done in the past few years, this might give others a chance to cross examine the data & evaluate the credibility of such findings. Denying any heinous crime ruled by a court of law is immoral & evil, and until such a judgement is passed down from any court of law, -falsely, deliberately and systematically accusing a nation & its people with such flimsy evidence, such as Hitler\u2019s quote which was never made, is immoral & furthermore evil. Walt Secord should set the record straight in regards to the support he publicly claimed to have received from the Armenian National Committee of Australia for his \u201cStudy Tour\u201d in 2011, that this was only symbolic or emotional & not financial nor political. Otherwise politicians who claim to uphold high moral values in this argument, will have no moral influence over the minorities who are mostly in danger of becoming victims of discrimination & racial vilification in the larger Australian society. Reconciliation should be accompanied by justice, otherwise it will not last. While we all hope for peace it shouldn\u2019t be peace at any cost but peace based on principle, on justice\u2026 Corazon Aquino 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 140/143 ( kahramanian-anc-au-official-facebook.jpg) 20 March 2013. While Vache Kahramanian is on his way to the Sydney Jewish Museum to participate in a seminar organized by Australia\u2019s very own AIHGS, the conversation on Australia\u2019s Official Facebook page is beyond belief. Turks were used as paid \u201chit man\u201d by the Zionists says one\u2026 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 141/143 ( content/uploads/2013/03/anc-pseudo-genocide-1day-earlier-2013.jpg) 2013 commemoration keynote speaker; political journalist of Armenian background from America. The National Day which is held so dearly in the ultra-nationalist Armenian psyche will take place a day earlier on the 23rd, i.e. commemorating Day on the 24th of April or Australia Day on the 25th rather than 26th Jan. This may simply be another example of distancing the 24th of April from Day, for who knows why? ( content/uploads/2013/03/mt-ararat-agri-turkey-armenian-border.jpg) Mt. Agri is a snow-capped, dormant volcanic cone in Turkey, also known as Mt. Ararat, where Biblical scholars believe Noah\u2019s ark came to rest after the great flood. It has two peaks: Greater Agri (the highest peak with an elevation of 5,137 meters and Lesser Agri with an elevation of 3,896 meters). Mt. Agri plays a significant role in Armenian irredentism. The mountain can be seen on the Coat of arms of Armenia. Greater Armenia refers to an irredentist concept of the territory outside the Republic of Armenia which are considered part of a national homeland by Armenians, based on the historical Armenian minority presence \u2013 claimed by some Armenian nationalist groups, most notably the Armenian Revolutionary Federation, as seen in ANC\u2019s logo above. Posted in Armenian Diaspora, Prof. Colin Tatz, Panayiotis Diamadis & Vicken Babkenian and tagged Amanda Fazio Armenian Lobby Australia, armenian fundraising industry, Armenian lobby Australia, Armenian National Committee of Australia - NSW, arsine oshagan, Assyrian Universal Alliance Australia, Australian Hellenic Council, Australian Institute for Genocide and Holocaust Studies, Australian National University, Australian racism, Australian Turkish friendship, Colin Tatz, disgraced Prof. Colin Tatz, fairfield city council, fairfield little iraq, Fred Nile Armenian Lobby, Gallipoli, Gallipoli Battle, Galstaun College, genocide industry, Greek lobby Australia, greg soghomonian, Greg Soghomonian financial advisor, Haig Kayserian, Hellenic Council Australia, Hermiz Shahen, Hovig Melkonian, Joe Hockey, John Alexander, Justice Michael Kirby, kayweb Australia, khajaque kortian, Krikor (Greg) Soghomonian, levon demirian sydney, lobbyist history teacher diamadis, Nazi Commander General Dro, Nick Xenophon Community Relations Commission Chairperson, nsw parliament and armenian lobby, panayiotis diamadis, panos diamadis, prof. Tatz, Professor Colin Tatz, pseudo historian panayiotis diamadis, pseudo history, shalom college, Stepan Kerkyasharian, terrorist levon demirian, Vache Kahramanian, Varant Meguerditchian, Vicken Babkenian, Walt Secord, Walt Secord Armenian Lobby, willoughby armenians 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 142/143 2/27/25, 7:08 terrorist levon demirian Fabricated Genocide 143/143", "7583_103.pdf": "Updated on Oct 08, 2024 Edit Like Comment Vahakn Dadrian Institutions Zoryan Institute Notable awards see below Name Vahakn Dadrian Fields Sociology Sign in Alchetron Search Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 1/12 Born May 26, 1926Istanbul, Turkey (1926-05-26) Education Humboldt University of Berlin, University of Chicago Books The history of the Armenian, German responsibility in the Ar, Warrant for Genocide: Key Elem, The Key Elements in the Tur Dr vahakn dadrian judgement at istanbul 4 03 12 Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 2/12 Vahakn N. Dadrian (Armenian: \u054e\u0561\u0570\u0561\u0563\u0576 \u054f\u0561\u057f\u0580\u0565\u0561\u0576; born May 26, 1926) is a professor of sociology, historian, and an internationally recognized authority on the Armenian Genocide. He is one of the early scholars of the academic study of genocide and recognized as one of the key thinkers on the Holocaust and genocide. Contents Dr vahakn dadrian judgement at istanbul 4 03 12 One of the leading armenian genocide scholars dr vahakn dadrian explains why he chose his field Biography Academic research Criticism Awards References Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 3/12 One of the leading armenian genocide scholars dr vahakn dadrian explains why he chose his field Biography Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 4/12 Vahakn Norair Dadrian was born in 1926 in Turkey, to a family that lost many members during the Armenian Genocide. Dadrian first studied mathematics at the University of Berlin, after which he decided to switch to a completely different field, and studied philosophy at the University of Vienna, and later, international law at the University of Z\u00fcrich. He completed his Ph.D. in sociology at the University of Chicago. He was awarded an honorary doctorate degree for his research in the field of Armenian Genocide Studies by the Armenian National Academy of Sciences, Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 5/12 and later, in 1998, he was made a member of the Academy and honored by the President of Armenia, the republic's highest cultural award, the Khorenatzi medal. In 1999, Dadrian was awarded on behalf of the Holy See of Cilicia the Mesrob Mashdots Medal. The Harry Frank Guggenheim Foundation sponsored him as director of a large Genocide study project, which culminated with the publication of articles, mainly in the Holocaust and Genocide studies magazines. He was the keynote speaker at the centennial of the John Marshall Law School and delivered a lecture to the British House of Commons in 1995. He also received the Ellis Island Medal of Honor. In 1970\u20131991 Dadrian was a professor of sociology at State University of New York-College at Geneseo. Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 6/12 In 1991, Dadrian was dismissed from State University College at Geneseo for sexual harassment after a female student had complained he had kissed her on the lips. In 1981, a college arbitrator had found him guilty of four charges of sexual harassment, but had allowed him to return to work because the arbitrator believed they were \"singular events that would not happen again.\" Currently Dadrian is the director of Genocide Research at Zoryan Institute. Academic research The particularity of Dadrian's research is that by mastering many languages, including German, English, French, Turkish, Ottoman Turkish, and Armenian, he has researched archives of different countries, and extensively studied materials in various languages in a way that very few, if anyone has done before him. One of Dadrian's major researches is the volume titled The History of the Armenian Genocide which had seven printings and appeared in numerous languages. In this book Dadrian described the background, initiation and unfolding of the genocide, and placed it within a conceptual framework of Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 7/12 genocide theory. Roger W. Smith praised it as a \"rare work, over 20 years in the making, that is at once fascinating to read, comprehensive in scope, and unsurpassed in the documentation of the events it describes.\" According to William Schabas, the president of the International Association of Genocide Scholars, \"Dadrian\u2019s historical research on the Armenian Genocide is informed by a rich grasp of the legal issues\", and \"his contribution both to historical and legal scholarship is enormous specialist on the Armenian Genocide of 1915-23, his many contributions to the investigation of that event, through multilingual original research in a number of archival collections throughout the world, has stamped him as one of foremost thinkers on the nature of the Armenian Genocide and how it was carried out. Paul R. Bartrop and Steven L. Jacobs, Fifty Key Thinkers on the Holocaust and Genocide, p. 79 Dadrian's latest project is the translation of the Turkish Courts-Martial of 1919- 20 from Ottoman Turkish to English. According to David Bruce MacDonald, Dadrian is a \"towering figure in the field of Armenian genocide history\". Taner Akcam writes that by employing Justin McCarthy's own method of calculating population figures and classifying individuals, Vahakn Dadrian has shown the ridiculousness of the claim that \"the events of 1915 were in fact a civil war between the Armenians and Turks\". German Swiss scholar Hans-Lukas Kieser writes that the documents related to fifteen Turkish ministers published by V. Dadrian show best the ministers' conception of their responsibility in the \"abuses\" committed against Ottoman Armenians. Criticism Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 8/12 One of the main critics of Dadrian is Guenter Lewy, who was criticized for the denial of Armenian Genocide by many scholars. In a response to critics equating Lewy's position on the Armenian genocide \"with that of the Holocaust-denier David Irving\", he accuses Dadrian of being \"guilty of willful mistranslations, selective quotations, and other serious violations of scholarly ethics.\" In his book, Guenter Lewy mentions, among others, V. N. Dadrian's defense of the authenticity of the book published by Mevlanzade Rifat, and of the \"Ten Commandments\", V. N. Dadrian's allegations against Turkish sociologist Ziya G\u00f6kalp, the use of Jean Naslian's Memoirs praising of Turkish court-martial of 1919\u20131920, and misleading references to writings of Esref Kuscubasi Bey and German General Felix Guse. Similarly, Malcolm E. Yapp, professor emeritus at London University, estimates that V. Dadrian's method \"is not that of an historian trying to find out what happened and why but that of a lawyer assembling the case for the prosecution in an adversarial system\"; Mary Schaeffer Conroy, professor of Russian history at Colorado University, Denver, criticizes V. N. Dadrian's inaccuracies, selective use of sources and failure to use Turkish archives, then concludes: \"This book is more a work of journalism than solid history and is not recommended\". Ara Sarafian also explained: Our understanding of the Armenian Genocide has been influenced by partisan scholarship because a number of academic institutions and political parties in Armenian communities, such as in the United States or Great Britain, have nurtured a prosecutorial approach to the subject. Consequently, some important elements of the events of 1915 have been distorted. The main thrust of the prosecutorial approach has been the assertion that the genocide of Armenians was executed with the thoroughness of the Nazi Holocaust, and that all Turks and Kurds were involved in the genocidal process. This approach Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 9/12 is best exemplified by Vahakn Dadrian's The History of the Armenian Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus. The Armenian Genocide is not the same as the Holocaust. The Young Turks did not have the apparatus to carry out a genocide on par with the Holocaust. It is also a fact that many Ottoman officials, including governors, sub-governors, military personnel, police chiefs, and gendarmes saved thousands of Armenians during the Genocide. Most Armenians from the province of Adana, for example, were not killed. This very basic fact is elided in the works of prominent Armenian historians. There are other examples too. The \"Holocaust model\" of the Armenian Genocide is fundamentally flawed. Hilmar Kaiser said that \"serious scholars should be cautioned against accepting all of Dadrian's statements at face value\", because of his frequent \"misleading quotations\" and the \"selective use of sources\". Donald Bloxham expresses a similar view: the accusations leveled by V. Dadrian \"are often simply unfounded\"; especially, \"the idea of a German role in the formation of genocidal policy [...] has no basis in the available documentation\"; and if V. Dadrian supports the authenticity of the so-called \"Ten Commandments\", on the other hand, \"Most serious historians accept that this document is dubious at best, and probably a fake. It was the subject of controversy some twenty years before Dadrian rediscovered it for publication in 1993. The document's donor originally offered it for sale to the British authorities in February 1919, a time when numerous fraudulent documents were in circulation. Reference to this supposed 'smoking gun' is tellingly absent in the best recent scholarship on the development of the genocide by the likes of Hans-Lukas Kieser, Hilmar Kaiser, Taner Akcam, Halil Berktay and Ronald Suny.\" Another kind of critique is based on the absence of reference, in V. N. Dadrian's publications, to the Russian policy vis-\u00e0-vis the Armenians during the First Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 10/12 Vahakn Dadrian Wikipedia World War. Sean McMeekin argued that \"it is far more distortion of the truth to tell the story of the Armenian tragedy of 1915 without reference (or with only passing reference) to Russia. It is aking to writing about, say, 'the bloodbath in Budapest' during the ill-fated Hungarian Revolution of 1956 without reference to the Soviet Union.\" Sean McMeekin gives V. N. Dadrian as an example of this \"distortion of the truth.\" Awards Awards granted to Vahakn Dadrian include: Citation of Merit on the 80th Anniversary of the Armenian Genocide (1995) Movses Khorenatsi medal (1998) Nagorno-Karabakh Republic, Atayan Memorial Gold Medal (2000) John Marshall Law School, 100th Anniversary Lifetime Achievement Medal April (2000) Veritas Gold Medal of Harvard University (2001) Ellis Island Medal of Honor International Association of Genocide Scholars, Lifetime Achievement Award (2005) U.S. Congress Medal of Esteem for Scholarship (2005) St. Sahag and St. Mesrob Medal and Encyclical from His Holiness Karekin II, Catholicos of All Armenians (2005) President of the Republic Prize Gold Medal of Armenia (2009) More Alchetron Topics References (Text Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 11/12 Similar Topics About Alchetron | Terms | Privacy | Contact | Alchetron \u00a9 2025 Sign in Alchetron 2/27/25, 7:08 Vahakn Dadrian - Alchetron, The Free Social Encyclopedia 12/12", "7583_104.pdf": "Academicintegrity Academicintegrity Home Monday, April 15, 2013 Secret life of professor Vahakn Dadrian Sexual harassment in educational institutions remains a pressing issue in many countries, including the USA. The recent scandalous Jerry Sandusky case, which sent shockwaves through the American society, demonstrated how persistent ignoring of the reports about sexual abuse in order to protect the reputation of the university allowed the predator to continue his criminal activity for many years. However, this case is not the first and is just one of the many, and sexual predators operated in university environment for decades. One such example is Vahakn Norayr Dadrian, Director of Genocide Research at a think tank called Zoryan Institute, who has a long history of sexual abuse. We tried to shed some light on the obscure facts from Dr Dadrian's past. While getting into the details of Dr Dadrian\u2019s biography, we also found weird contradictions in the information he provided about his early years, and we made a parallel research on that subject as well. Early years of Dadrian are shrouded in obscurity. He was born in Istanbul, and after completing a school moved to Europe for undergraduate education. However information about his education in Europe is conflicting, and tended to evolve over the time. Dadrian\u2019s resume of 1963, signed by him and attached to a potential employment-related correspondence said that he studied philosophy in Berlin, social psychology in Vienna and political science in Zurich.1 But his 1968 resume stated that Dadrian did undergraduate studies at the Universities of Berlin, Vienna, and Zurich in mathematics, philosophy, and political science.2 In late 1980s Dadrian started writing on the topics of genocide and international law, and his resume was adjusted accordingly, stating that Vahakn N. Dadrian received his undergraduate education in Europe studying philosophy, mathematics, and international law at the Universities of Vienna, Berlin, and Zurich, respectively.3 According to Dadrian\u2019s latest resume, he \u201creceived his undergraduate education in Europe at the University of Berlin (mathematics), the University of Vienna (history) and the University of Z\u00fcrich (international law)\u201d.4 The chapter dedicated to Dadrian in the book \u201cPortraits of Hope: Armenians in the Contemporary World\u201d by Huberta Von Voss mentions Dadrian \u201cmoving to Berlin at the end of World War to study mathematics\u201d. The book further states that \u201cmore years of study ensued in Vienna at the history seminar. Then he went to Zurich to study international law\u201d.5 Dadrian himself stated in an interview that he studied mathematics in Berlin, and then went to the University of Vienna at the age of 21.6 As Dadrian was born in 1926, according to this interview he must have been in Vienna in 1947. It is difficult to get a clue what exactly and when Dadrian studied in Europe. Since he moved to the in 1947, it was impossible to complete 3 Universities in 2 years, i.e. in 1945-1947. Vahakn Dadrian Education Contact \u25bc \u25bc 2013 ( 1 ) \u25bc \u25bc April ( 1 ) Secret life of professor Vahakn Dadrian Blog Archive Academicintegrityresearch View my complete profile About Me More Create Blog Sign In 2/27/25, 7:08 Academicintegrity 1/6 Information provided by the archives of Humboldt University of Berlin (which was called Friedrich- Wilhelms-Universit\u00e4t zu Berlin in 1940s) brings clarity to this issue. In reality, Dadrian moved to Berlin in January 1943, and enrolled to a philosophy class. He studied at the Faculty of Arts, while Mathematics was at the Faculty of Mathematics and Natural Sciences.7 In summer 1944 he went to Vienna University, where he attended lectures in history, philosophy and psychology at the Philosophical Faculty,8 and returned to Berlin in December 1944 to enrol to a pedagogy class. By the end of war in May 1945 Dadrian left Berlin University, never to return.9 So it turns out that Dadrian has never studied math, and he did not move to Berlin \u201cat the end of WWII\u201d. What is surprising is not the fact that Dadrian studied in Germany, which is well known for its quality of education, but the time of his studies. One can only wonder why at the height of the World War out of all European countries Dadrian chose for his education Germany, which at the time was ruled by Nazis. It is known that the Nazis fired, deported or arrested all Jewish and dissident professors and students from Berlin University, and burned thousands of books from its library. It is also ironic that the future genocide scholar chose for his studies the same Vienna University that on the insistence of Nazis had expelled 2,200 students and teachers (most of them Jewish) and stripped of their academic titles hundreds of graduates, including famous writer Stefan Zweig, after Adolf Hitler annexed Austria in March 1938.10 One possible explanation of young Dadrian\u2019s choice of educational institutions could be an assumption that he believed in the future of the contemporary German regime. According to the archives of Zurich University, at the end of 1945 Dadrian enrolled to the Department of Economics at the Faculty of Law of Zurich University, where he studied until the middle of 1947.11 The Department of Economics was a part of the Faculty of Law and Political Science until 1992, when it was split into the separate Faculty of Economics. The archive records of Zurich University contain no information on what subject Dadrian was studying and which lectures he attended, but considering that he was enrolled to the Department of Economics, Dadrian must have followed a course in economics. None of the 3 universities has any record that Dadrian received any degree or any diploma. It is remarkable that Dadrian never openly mentioned when exactly he attended the European universities, and his biographies vaguely mention \u201cpost-war\u201d Berlin. Dadrian himself says that he was in Vienna at the age of 21, while in reality he was there at the age of 18, i.e. in 1944. And contradictory information that Dadrian provided about the disciplines that he studied in Europe makes one wonder about his reasons for doing so. Vahakn Dadrian immigrated to the in 1947. In August 1954 he received his PhD in social sciences at the Chicago University. Soon after, on 4 January 1955, he was arrested in Chicago on sex crime charges involving a 10-year-old boy. According to the report in Chicago Daily Tribune, Dadrian was arrested in his home by a police officer on complaint of the boy's father and charged with crime against nature (sodomy) and crime against a child. The child told police that Dadrian had stopped him on the street and persuaded to go to Dadrian\u2019s home, asking the boy to carry a package contemporary press report: Chicago Daily Tribune; Jan 6, 1955; pg. A2 Ph 2 Vahakn Dadrian, 33, of 5442 Harper av., who received a doctor of philosophy degree in social sciences from the University of Chicago last August, will be arraigned in Felony court today on two sex charges involving a 10 year old boy. Charges are crime against nature and crime against a child. Dadrian, who said he came to this country in 1946 from his native Turkey and was married three months ago, was arrested yesterday in his home by Detective Vito Contino of the Hyde Park police on complaint of the boy's father. Contino said the child told police that Dadrian had persuaded him to go to the Harper av. address after stopping the boy on the street and asking him to carry a package. University officials revealed that Dadrian's degree had been awarded last Aug. 27. Jury indictment count 1. Name of complainant Jury indictment count 2. Name of complainant Jury indictment count 3. Name of complainant Sex offense history 2/27/25, 7:08 Academicintegrity 2/6 obscured for privacy obscured for privacy obscured for privacy According to court records, Dadrian bailed himself out of the jail for $5000.12 To help realize the present value of this amount, it could be mentioned that the amount of $5000 in 1955 is worth $43,638.06 in 2013 according to the calculator of the Federal Reserve Bank.13 The median U.S. family income in 1955 was $4,418.14 Dadrian hired George M. Crane, a well-known defense attorney in Chicago. Crane defended more than 500 persons charged with murder, and among his high-profile clients was Matt Capone, the younger brother of the famous gangster Al Capone. Crane got younger Capone acquitted on murder charges. Dadrian waived the jury trial, probably at the advice of his attorney. Apparently, the skills of the prominent attorney greatly contributed to the judge finding Dadrian not guilty on 25 May 1955. Considering that Dadrian lived for many years in Europe, and then in the without having any permanent job, was able to pay the bail equal to the median family income, and hired one of the best lawyers in town, he clearly had financial means. He might have been supported by his elder brother Vahe, who already lived in the by the time Vahakn moved there, or used the funds of his late father, Hagop, who was a wealthy lawyer and landowner in Istanbul.15 There were many wealthy and prominent Armenians in Istanbul, and even now there\u2019s still a large and thriving Armenian community there. In late 1973 Dadrian applied to the Circuit Court of Cook County with a petition to expunge all records of his criminal case, and the permission to do so was granted. The complainant who was ten in 1955 died prematurely in 1985 at the age of 41. However the subsequent events showed that Dadrian\u2019s arrest in 1955 was not just a coincidence. Despite the criminal incident in Chicago, Dadrian managed to pursue a career in the field of education. Already in October 1955 he left Chicago and became an assistant sociology professor at the Washington College in Maryland.16 But soon after, in March 1956, Dadrian resigned, claiming that he was going to write his second doctoral dissertation in political economy at the University of Zurich.17 However, instead Dadrian took part as a researcher in an opinion research project by a New York advertising consultant James Vicary in fall 1956 \u2013 winter 1957,18 which achieved widespread notoriety for producing fraudulent results. In the same year of 1957 Vicary claimed that he was able to substantially increase sales of Coca Cola and popcorn in a movie theater by using subliminal advertising, flashing the messages \"Drink Coca-Cola\" or \"Eat Popcorn\" on the screen every 5 seconds, for less than 1/1,000th of a second, while an audience was watching a movie. After much criticism, Vicary admitted in 1962 that he'd made up the whole story in an effort to revive his failing marketing business.19 Matt Capone (left) leaves Chicago's Cook County Jail with his attorney, George Crane. 2/27/25, 7:08 Academicintegrity 3/6 In March 1957 Dadrian moved to the remote University of Idaho to work as acting assistant sociology professor.20 Later Dadrian mostly worked as an assistant sociology professor in various universities, and in 1962 he worked on a research at the Institute for the Study of the in Munich, which was an organization funded by CIA. According to a declassified dispatch dated 30 July 1962, Dadrian raised suspicions as a possible communist sympathizer. The informers reported that Dadrian \u201cvisited the Soviet Union twice, and the first time supposedly was well received by Soviet officials of Armenia as a communist sympathizer\u201d, and \u201cthat the second occasion was in 1960, but on that occasion he was expelled for rape\u201d. So it appears that Dadrian continued his sexual predator activity even while being on assignments in foreign countries, and in particular, in the Soviet Armenia.21 In 1971 Dadrian was appointed a sociology professor at the State University of New York \u2013 College at Geneseo. But in 1979 Dadrian was again accused of sex offenses, this time sexual harassment of his female students. In the fall of that year five students filed a total of 13 charges against Dadrian, accusing him of sexual harassment. As a tenured professor, he could be fired only for specific reasons, not at the discretion of the college. After an investigation, college president Edward P. Jakubauskas notified Dadrian that he would be fired because of the charges. Dadrian appealed the decision, and the appeals process took more than a year. Eventually a college panel, the State University office in Albany and finally the governor\u2019s office of employee relations upheld the president's decision. However the college's contract with the faculty union allowed faculty members to submit their cases to a professional arbitrator, agreed to by both sides, for binding arbitration.22 The arbitrator, Jesse Simons of Manhattan, held four hearings and received testimony from both sides. In early 1981, Simons found Dadrian guilty of four sexual harassment charges, all referred to one student. She charged \"improper physical contact\" when Dadrian tried to hug and kiss her in his office, and on the same day he made inquiries into her sex life. Twenty one days later Dadrian again made \"improper physical contact\" when he pulled her by the arm in the hall in an attempt to talk to her and \"physically detained\" her when he backed her into a corner.23 Though three other female students accused Dadrian of similar behaviour towards them (plus one girl accused him of a non-sexual offense), only one case was considered. The arbitrator dismissed another four sexual harassment charges by two girls because of untimeliness, as any charges had to be filed within approximately one year of the incident to be considered, and other students did not complain until the first girl did. Dadrian was found not guilty on another two charges, including an attempt to kiss a female student, because the arbitrator found the testimony of two girls pressing those charges to be \u201ccontradictory\u201d.24 As result, Dadrian was suspended for one month without pay, but was not fired. The reason was that the arbitrator considered these incidents to be isolated events rather than reflections of a longstanding pattern of behaviour. Another key factor in the decision was the location of Geneseo and the content of student population. Since most of the students were from small towns the arbitrator concluded that many of the students were \"unsophisticated, impressionable, and immature as compared to a larger college.\u201d25 This was quite a bizarre argumentation for the decision that allowed Dadrian to continue harassment of students for another decade. The decision led to a student protest on the day of Dadrian's return to the classroom, and concerned students, staff and faculty formed Geneseo Committee Against Sexual Harassment, which collected over 1,000 signatures on the petition asking administrators to investigate the case further to \"protect our students from further harassment by Professor Dadrian in the months and years to come.\"26 The committee stated that it had \u201cuncovered further information that contradicts the arbitrator's assertion that Dadrian's behavior was \u201can expression of impulsiveness and poor judgment.\u201d\u201d27 But the protests had no effect, and Dadrian evaded the punishment again, until another incident in 1990, when yet another female student pressed sexual harassment charges against him. The incident took place when Dadrian kissed the 18-year-old freshman student on the lips after she helped him rehang a banner welcoming him back to school after attending a conference.28 The student filed a formal complaint, which the school investigated, and found substance to the allegation. The 64-year-old professor was offered a chance to resign, but he appealed the decision, and the matter was again submitted to binding arbitration. Arbitrator Carol Wittenberg found Dadrian guilty of sexual harassment, and the school dismissed the professor in April 1991.29 year later Dadrian applied to the Court of Appeals of New York, contesting the decision of the Geneseo, but his motion for leave to appeal was denied, i.e. the Court did not allow the appeal to proceed.30 Dadrian was fired from Geneseo in 1991, i.e. some 20 years ago. But his story demonstrates how a shrewd sexual predator can evade punishment for decades and present Conclusion 2/27/25, 7:08 Academicintegrity 4/6 himself as a reputable educator, which allowed him to continue his activity in the university environment. It is quite possible that the real extent of harassment is much larger, as not every student dares to press charges against a professor. The bizarre decision of the 1981 arbitrator who considered the college students to be \u201cimmature\u201d, and the professor\u2019s molestation acts to be \u201csingular events\u201d despite numerous complaints indicates the failure of the university system to protect the students. If Dadrian\u2019s 1955 criminal charges had been considered when employing him as a teacher, or if he had been removed from the University after the first proven harassment incident, it could have saved the students from decades of further sexual harassment. 1 V. N. Dadrian to Irving Louis Horowitz, April 24, 1963, Transactions-Horowitz Archive, Pennsylvania State University Libraries, 2 \u2018Back Matter, About the Authors\u2019, Journal of Peace Research 5, no. 4 (1968), 3 \u2018Contributors\u2019, Genocide Studies and Prevention 1, no. 2 (September 2006): 225\u2013226, auth=0&type=summary&url=/journals/genocide_studies_and_prevention/v001/1.2.contributors.pdf.\u21a9 4 \u2018Vahakn N. Dadrian. Brief Biography and Bibliography of Published Works\u2019 (Zoryan Institute, July 17, 2009), 4, 5 Huberta Von Voss, Portraits of Hope: Armenians in the Contemporary World, trans. Alasdair Lean, Berghahn Series (Berghahn Books, 2007), 62, 6 Alyssa A. Lappen, \u2018Armenia\u2019s Tears\u2019, FrontPage Magazine, May 2, 2005, ARTID=8749.\u21a9 7 Dr Winfried Schultze, Head librarian, Universit\u00e4tsarchiv, Humboldt-Universit\u00e4t zu Berlin, \u2018Re: Diploma\u2019, October 31, 2012, email communication.\u21a9 8 Mag. Barbara Bieringer, Archiv der Universit\u00e4t Wien, \u2018Wahakn DADRIAN\u2019, November 16, 2012, email communication.\u21a9 9 Dr Winfried Schultze, Head librarian, Universit\u00e4tsarchiv, Humboldt-Universit\u00e4t zu Berlin, \u2018Re: Diploma\u2019.\u21a9 10 \u2018Memorial Book Dedicated to the Victims of National Socialism at the University of Vienna 1938\u2019, University of Vienna, accessed April 12, 2013, The Associated Press, \u2018University of Vienna Honors 2,200 Jews Expelled by Nazis\u2019, Haaretz Daily Newspaper, July 2, 2009, world/2.209/university-of-vienna-honors-2-200-jews-expelled-by-nazis-1.279264.\u21a9 11 Inge Moser, Mitarbeiterin Aktenerschliessung, Universit\u00e4tsarchiv, Universit\u00e4t Z\u00fcrich, \u2018Re: Diploma\u2019, November 5, 2012, email communication.\u21a9 12 People of the State of Illinois v. Vahakn Dadrian, 55CR-129 (Criminal Court of Cook County 1955).\u21a9 13 \u2018The Federal Reserve Bank of Minneapolis\u2019, accessed April 12, 2013, 14 Youth Indicators, 1996 (Washington, D.C.: U.S. Department of Education, National Center for Education Statistics, 1996), 44, 15 Von Voss, Portraits of Hope: Armenians in the Contemporary World, 62; Lappen, \u2018Armenia\u2019s Tears\u2019.\u21a9 16 \u2018College Enrolls 467; Adds 12 To Staff\u2019, The Washington Elm (Washington College, October 8, 1955), 17 \u2018Dadrian Resigns; To Continue Study\u2019, The Washington Elm (Washington College, March 3, 1956), 18 Dadrian to Horowitz, April 24, 1963.\u21a9 19 S.O. Lilienfeld et al., 50 Great Myths of Popular Psychology: Shattering Widespread Misconceptions About Human Behavior (John Wiley & Sons, 2011), 38\u201339, 20 \u2018Austria, Turkey Natives Hired to Teach at Idaho\u2019, Spokane Daily Chronicle, March 20, 1957, 21 Chief, Munich Operations Group Operations Transmittal of Information on V.N. DADRIAN,\u201d July 30, 1962 (CREST): 5197c265993294098d50e3d7 Library: Freedom of Information Act Electronic Reading Room, CS%20FILE%20JAN.%201962-DEC.%201962%29_0041.pdf\u21a9 22 Minzesheimer, B. (1981). Coercion on the campus. Democrat and Chronicle Rochester, N.Y., p.12B.\u21a9 23 Julienne Bostic, \u2018Geneseo Prof. Suspended in Sexual Harassment Case\u2019, Albany Student Press, March 3, 1981, Edwin Darden, \u2018Professor Suspended For Harrassment\u2019, Livingston County Leader (Geneseo NY, February 4, 1981), r%201981/Geneseo%20NY%20Livingston%20Leader%201981%20-%200071.pdf.\u21a9 24 Darden, \u2018Professor Suspended For Harassment\u2019.\u21a9 25 Ibid.\u21a9 26 \u2018Over 1000 Sign Sex Harassment Petition\u2019, Livingston County Leader (Geneseo NY, March 11, 1981), eader%201981/Geneseo%20NY%20Livingston%20Leader%201981%20-%200166.pdf; Associated Press, \u2018Geneseo Fires Professor For Sexual Harassment\u2019, Albany Times Union, April 25, 1991, sec. Local, oneimage&imageid=5599449.\u21a9 27 \u2018Over 1000 Sign Sex Harassment Petition\u2019.\u21a9 28 Associated Press, \u2018Geneseo Fires Professor For Sexual Harassment\u2019.\u21a9 29 Ibid.\u21a9 30 Vahakn N. Dadrian v. State University New York/Geneseo, 186 AD2d 1099 (Supreme Court of New York, Appellate Division, Fourth Department 1992), Vahakn N. Dadrian v. State University New York/Geneseo, 81 NY2d 702 (Court of Appeals of New York 1993), 2/27/25, 7:08 Academicintegrity 5/6 Home Subscribe to: Post Comments ( Atom ) Posted by Academicintegrityresearch Labels: #MeToo , Child sexual abuse , Sexual abuse , sexual harassment , Sexual predator , Vahakn Dadrian Replies Reply Enter Comment 3 comments : Observer2009 February 10, 2015 at 8:45 Taner Akcam has serious credibility issues as he had hid from the public, for many years, the fact that he was being paid by the Cafesjian Foundation and Zoryan Institute, both Armenian organizations best known for their work defaming Turkish culture, history and heritage. His work is, thus, stained by a strong case of conflict of interest. If had not personally written to the president of the Univ. of Minnesota 2007 and his legal counsel had not shown the courtesy of responding would never know. And the unsuspecting public did not know, until wrote all about it, attaching copies of my letter to the UM's president and the UM's response, here: . Reply Anonymous March 4, 2017 at 5:22 was in Prof Dadrian's \"Sociology of Deviance\" class at Geneseo as a freshman in 1978 was sexually harassed by Dadrian's while in his office. He won my trust while talking to me in his office about his class and later about homesickness. After several office visits, he then attempting to find out about my sexual past and then he lunged across his desk and tried to kiss me. He also attempted to show me his penis did not report it to the school as was inexperienced with sexual harassment. Only after the incident was warned against him by other students never entered his office again without a male student in attendance transferred out of Geneseo after my freshman year only found this article on the internet during my healing process from childhood sexual abuse. Dadrian's history as sexual predator should have prevented him from teaching at any school. That he was allowed to remain at Geneseo for so long was a travesty. Reply Academicintegrityresearch November 11, 2017 at 11:56 Thanks for sharing your story. It is very important for everyone to speak up, so that the predators could not get away with their crimes. Total Pageviews 8 3 9 1 Powered by Blogger. 2/27/25, 7:08 Academicintegrity 6/6", "7583_105.pdf": "Vahakn Dadrian Born Vahakn Norair Dadrian May 26, 1926 Istanbul (Constantinople), Turkey Died August 2, 2019 (aged 93) Geneseo, New York, U.S. Awards see below Scientific career Fields Sociology Institutions Zoryan Institute Signature Vahakn Dadrian Vahakn Norair Dadrian (Armenian: \u054e\u0561\u0570\u0561\u0563\u0576 \u054f\u0561\u057f\u0580\u0565\u0561\u0576; 26 May 1926 \u2013 2 August 2019) was an Armenian-American sociologist and historian, born in Turkey, professor of sociology, historian, and an expert on the Armenian genocide.[1] Dadrian was born in 1926 in Turkey to a family that lost many members during the Armenian genocide.[2] Dadrian first studied mathematics at the University of Berlin, after which he decided to switch to a completely different field, and studied philosophy[3][4] at the University of Vienna, and later, international law at the University of Z\u00fcrich. He completed his Ph.D. in sociology at the University of Chicago. Dadrian understood many languages, including German, English, French, Turkish, Ottoman Turkish, and Armenian, and worked in the archives of different countries.[5] Thomas de Waal suggests that Dadrian's research was motivated by a political agenda, noting that Dadrian wrote a 1964 letter to The New York Times asking: \"on what conceivable grounds can the Armenians be denied the right to reclaim their ancestral territories which Turkey absorbed after massacring their inhabitants?\"[6] He was awarded an honorary doctorate degree for his research in the field of Armenian Genocide Studies by the Armenian National Academy of Sciences, and later, in 1998, he was made a member of the academy and honored by the President of Armenia, the republic's highest cultural award, the Khorenatzi medal. In 1999, Dadrian was awarded on behalf of the Holy See of Cilicia the Mesrob Mashdots Medal.[7] The Harry Frank Guggenheim Foundation sponsored him as director of a large Genocide study project, which culminated with the publication of articles, mainly in the Holocaust and Genocide studies magazines. He was the keynote speaker at the centennial of the John Marshall Law School and delivered a lecture to the British House of Commons in 1995. He also received the Ellis Island Medal of Honor.[2] He has lectured extensively in French, Life 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 1/7 English and German in the Free University of Berlin, the Universities of Munich, Parma, Torino, Z\u00fcrich, Uppsala, Frankfurt am Main, Cologne, Bochum, M\u00fcnster, Amsterdam, Utrecht, Geneva, Brussels and UNESCO\u2019s Paris center.[8] In 1970\u20131991 Dadrian was a professor of sociology at State University of New York-College at Geneseo. Dadrian was the director of Genocide Research at Zoryan Institute. Dadrian died on 2 August 2019, at the age of 93.[9] After his death, the President of Armenia Armen Sarkissian sent a letter of condolences to Dadrian's family and friends.[10] In accordance with his wishes, his remains were cremated and transported to Armenia for burial.[11] Dadrian was buried in Tokhmakh Cemetery in Yerevan, Armenia after a state ceremony and visitation at the Armenian National Academy of Sciences.[11] In August 2022, Dadrian's former student and colleague Taner Ak\u00e7am and others brought attention to the fact that the historian's grave in Yerevan's Tokhmakh Cemetery had been left unmarked and untended.[11] The grave was then cleaned up and a temporary marker was placed.[11 state burial commission had been established by the Armenian government in 2019 to attend to Dadrian's funeral.[11] The spokesperson of the Ministry of Foreign Affairs of Armenia explained on Twitter that work on Dadrian's gravestone had been delayed due to \"objective reasons\" such as the COVID-19 pandemic and the 2020 Nagorno-Karabakh War, but would resume soon.[12] Roger W. Smith praised Dadrian's book The History of the Armenian Genocide as a \"rare work, over 20 years in the making, that is at once fascinating to read, comprehensive in scope, and unsurpassed in the documentation of the events it describes.\"[13] According to William Schabas, the president of the International Association of Genocide Scholars, \"Dadrian's historical research on the Armenian Genocide is informed by a rich grasp of the legal issues\", and \"his contribution both to historical and legal scholarship is enormous.\"[14 specialist on the Armenian Genocide of 1915\u201323, his many contributions to the investigation of that event, through multilingual original research in a number of archival collections throughout the world, has stamped him as one of foremost thinkers on the nature of the Armenian Genocide and how it was carried out. \u2014 Paul R. Bartrop and Steven L. Jacobs, Fifty Key Thinkers on the Holocaust and Genocide, p. 79 Death Reception 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 2/7 According to David Bruce MacDonald, Dadrian is a \"towering figure in the field of Armenian genocide history\".[15] Taner Akcam writes that by employing Justin McCarthy's own method of calculating population figures and classifying individuals, Dadrian has shown the ridiculousness of the claim that \"the events of 1915 were in fact a civil war between the Armenians and Turks\".[16] German Swiss scholar Hans-Lukas Kieser writes that the documents related to fifteen Turkish ministers published by V. Dadrian show best the ministers' conception of their responsibility in the \"abuses\" committed against Ottoman Armenians.[17] De Waal states that \"The analysis that Dadrian presents comes across today as rather Orientalist, a more sophisticated version of the postwar Allied Turcophobic literature.\"[6] De Waal as well as Malcolm E. Yapp of London University, state that Dadrian's work more closely resembles a prosecutor's argument than analytic history.[6][18] Dadrian's theory that the genocide resulted from prewar patterns, was caused by Islam and \"the repressive and sanguinary aspects of Ottoman culture\" has been rejected by the majority of 21st century historians, although expounded in the 2019 book The Thirty-Year Genocide.[6][19] Ronald Suny explains the shift away from the previous historiography: \"neither Dadrian nor Balakian explain why religion should have led to genocidal violence in the first year of the World War but not throughout Ottoman and Islamic history\".[20] According to Donald Bloxham, the accusations leveled by Dadrian \"are often simply unfounded\", especially \"the idea of a German role in the formation of genocidal policy\".[21] Bloxham states that while Dadrian supports the authenticity of the so-called \"Ten Commandments\", on the other hand, \"Most serious historians accept that this document is dubious at best, and probably a fake.\"[22] According to German historian Tessa Hofmann, \"Dadrian\u2019s inconsistencies have been abundantly criticized by scholars\".[23] Mary Schaeffer Conroy, professor of Russian history at University of Colorado Denver, and Hilmar Kaiser criticize Dadrian's tone, and failure to use Turkish archival sources.[24][25] Soon after he settled to United States, on 4 January 1955, he was arrested in Chicago on sex crime charges involving a 10-year-old boy. According to the report in Chicago Daily Tribune, Dadrian was arrested in his home by a police officer on complaint of the boy's father and charged with crime against nature and crime against a child. The child told police that Dadrian had stopped him on the street and persuaded to go to Dadrian's home, asking the boy to carry a package.[26] In 1979, Dadrian was reported by five students at Geneseo for sexual harassment. In 1981, an arbitrator found Dadrian guilty on four charges but dismissed some others. He ruled that Dadrian should be suspended for one month without pay.[27] Following this decision, members of the university community formed the group Geneseo Committee Against Sexual Harassment and hundreds of people signed a petition urging college administrators to \"protect students from further harassment by Professor Dadrian\".[28][29] Dadrian was relieved from his position in 1991 following new allegations of sexual harassment. On April 24, 1990, Dadrian returned to college after attending Sexual misconduct 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 3/7 several international conferences on genocide studies and began harassing his 18-year-old student. The college administration offered the 64-year-old professor voluntary resignation, but Dadrian appealed the decision and lost.[28] Dadrian's books and articles have been translated into more than 10 languages: Autopsie du G\u00e9nocide Arm\u00e9nien. Trans. Marc & Mika\u00ebl Nichanian. Brussels: \u00c9ditions Complexe, 1995, 266p. Haykakan Tsekhaspanut`iune Khorhtaranayin ev Patmagitakan Knnarkumnerov (The treatment of the Ottoman genocide by the Ottoman parliament and its historical analysis). Watertown, MA: Baikar, 1995, 147p. Jenosid Ulusal ve Uluslararasi Hukuk Sorunu Olarak: 1915 Ermeni Olay ve Hukuki Sonu\u00e7lar [Genocide as a problem of national and international law: The World War Armenian case and its contemporary legal ramifications]. Trans. Yavuz Alogan. Istanbul: Belge Uluslararas Yaynclk, 1995, 221p. The History of the Armenian Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus. Providence & Oxford: Berghahn Books, 1995, 452p. German Responsibility in the Armenian Genocide Review of the Historical Evidence of German Complicity. Watertown, MA: Blue Crane Books, 1996, 304p. Histoire du g\u00e9nocide arm\u00e9nien: Conflits nationaux des Balkans au Caucase. Traduit de l'anglais par Marc Nichanian. Paris: Stock, 1996, 694p. The Key Elements in the Turkish Denial of the Armenian Genocide Case Study of Distortion and Falsification. Cambridge and Toronto: Zoryan Institute, 1999, 84p. Warrant for Genocide: Key Elements of Turko-Armenian Conflict. New Brunswick and London: Transaction Publishers, 1999, 214p. Los elementos clave en el negacionismo Turco del Genocidio Armenia: un estudio de distorsi\u00f3n y falsificaci\u00f3n. Translated by Eduardo A. Karsaclian. Buenos Aires: Fundaci\u00f3n Armenia, 2002, 79p. Historia Tis Armenikan Genoktonias [History of the Armenian Genocide]. Athens: Stokhastis, 2002, 685p. Historia del Genocidio Armenio. Conflictos \u00e9tnicos de los Balcanes a Anatolia y al C\u00e1ucaso. Translated by Eduardo A. Karsaclian. Buenos Aires: Imago Mundi, 2008, 434p. Awards granted to Dadrian include:[30] Citation of Merit on the 80th Anniversary of the Armenian Genocide (1995) Movses Khorenatsi medal (1998) Nagorno-Karabakh Republic, Atayan Memorial Gold Medal (2000) John Marshall Law School, 100th Anniversary Lifetime Achievement Medal April (2000) Veritas Gold Medal of Harvard University (2001) Ellis Island Medal of Honor International Association of Genocide Scholars, Lifetime Achievement Award (2005) U.S. Congress Medal of Esteem for Scholarship (2005) Bibliography Awards 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 4/7 St. Sahag and St. Mesrob Medal and Encyclical from Karekin II, Catholicos of All Armenians (2005) President of the Republic Prize Gold Medal of Armenia (2009) 1 Lecture on The Armenian Genocide ( nce/A%20Lecture%20on%20The%20Armenian%20Genocide.pdf), Professor Stuart D. Stein. 2. Fifty Key Thinkers on the Holocaust and Genocide, by Paul Robert Bartrop, Steven L. Jacobs, Taylor & Francis, 15.11.2010, p. 79 3. \"Biographies of Contributors to this Issue\" ( Holocaust and Genocide Studies. 5 (2): 239\u2013240. 1990. doi:10.1093/hgs/5.2.239 ( 0.1093%2Fhgs%2F5.2.239). Retrieved 4 November 2012. 4. \"Contributors\" ( and_prevention/v003/3.1.contributors.pdf) (PDF). Genocide Studies and Prevention. 3 (1): 161\u2013 163. 2008. doi:10.1353/gsp.2011.0054 ( Retrieved 4 November 2012. 5. Fifty Key Thinkers on the Holocaust and Genocide, by Paul Robert Bartrop, Steven L. Jacobs, Taylor & Francis, 15.11.2010, p. 82 6. de Waal, Thomas (2015). Great Catastrophe: Armenians and Turks in the Shadow of Genocide. Oxford University Press. p. 47 978-0-19-935069-8. 7. Dadrian Awarded \"St. Mesrob Mashdots\" Medal. ( esrob-mashdots-medal/) Retrieved October 07, 2011 8. \"Lecture Delivered by Prof. Dadrian At University of London, UK, on 24th November, 2005\" (http:// -2005.pdf) (PDF). 9. \"Genocide Studies Pioneer Vahakn Dadrian Dies\" ( de-studies-pioneer-vahakn-dadrian-dies/). Armenian Mirror-Spectator. August 8, 2019. 10. \"President Armen Sarkissian sent a letter of condolences on the demise of Vahakn Dadrian - Telegrams of Condolence - Updates - The President of the Republic of Armenia\" ( ident.am/en/condolence/item/2019/08/04/President-Armen-Sarkissian-sent-a-condolence-letter/). 11. Arkun, Aram (2022-08-17). \"Genocide Scholar Dadrian's Grave Left Unmarked and Untended in Yerevan\" ( and-untended-in-yerevan/). The Armenian Mirror-Spectator. Retrieved 2022-08-20. 12. \"Profes\u00f6r Dadrian'\u0131n miras\u0131 kendi halk\u0131na aittir\" ( drianin-mirasi-kendi-halkina-aittir). Agos (in Turkish). 9 September 2022. Retrieved 2022-09-14. 13. \"Dadrian's CV, Zoryan Institute\" ( nstitute.org/Announcements/Dadrian%20CV%20July%2017%2C%202009.pdf) (PDF). Archived from the original ( 7,%202009.pdf) (PDF) on 2012-04-26. Retrieved 2011-12-27. 14. Staff, Weekly (June 23, 2011). \"No Stopping Now: Dadrian Celebrates 85th Birthday\" ( nianweekly.com/2011/06/23/no-stopping-now-dadrian-celebrates-85th-birthday/). The Armenian Weekly. 15. Identity Politics in the Age of Genocide: The Holocaust and Historical Representation. David Bruce MacDonald, Routledge, 2008, p. 127 16. The Young Turks' Crime Against Humanity: The Armenian Genocide and Ethnic Cleansing in the Ottoman Empire. Taner Ak\u00e7am, Princeton University Press, 2012, p. 166 17. Turkey Beyond Nationalism: Towards Post-Nationalist Identities, Hans-Lukas Kieser, 2006, p. 113 References 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 5/7 18. Macolm E. Yapp, \"Review of The History of the Armenian Genocide, by V. N. Dadrian\", Middle Eastern Studies, 32 (1996), p. 397 19. Gutman, David (2020). \"The thirty year genocide: Turkey's destruction of its Christian minorities, 1894\u20131924: by Benny Morris and Dror Ze'evi, Cambridge, MA, Harvard University Press, 2019, 672 pp., $35, ISBN: 978-0674916456\". Turkish Studies. 21 (1): 163\u2013165. doi:10.1080/14683849.2019.1644170 ( S2CID 201424062 ( 20. Melson, R. (2013). \"Recent Developments in the Study of the Armenian Genocide\". Holocaust and Genocide Studies. 27 (2): 313\u2013321. doi:10.1093/hgs/dct036 ( ct036). 21. \"Power, Politics, Prejudice, Protest and Propaganda\", in Hans-Lukas Kieser and Dominik J. Schaller (ed.), Der V\u00f6lkermord and den Armeniern, Zurich: Chronos, 2002, p. 234. 22. \"Donald Bloxham replies\", History Today, July 2005, Vol. 55, Issue 7. 23. Hofmann, Tessa (2016). \"Open Wounds: Armenians, Turks, and a Century of Genocide by Vicken Cheterian\". Histoire sociale/Social history. 49 (100): 662\u2013664. doi:10.1353/his.2016.0046 (https:// doi.org/10.1353%2Fhis.2016.0046). S2CID 152278362 ( 152278362). 24. Mary Schaeffer Conroy, \"Review of Vahakn N. Dadrian, Warrant for Genocide: Key Elements of Turko-Armenian Conflict\", The Social Science Journal, vol. 37, no. 3, pp. 481-483 few typos and small factual errors, such as the implication that Russian-Ottoman relations were always adversarial in the nineteenth and early twentieth centuries, mar the book. However, the most egregious flaws in this book are its polemical tone, its sketchiness, and its failure to use Turkish archival sources. Therefore, while the book delivers intriguing insights into Ottoman-Kurdish relations and the views of individual Turkish statesmen regarding Armenians, and while it suggests convincing theories for Turkish massacres of Armenians, it does not convincingly document these theories. It is thus unsatisfying as a whole. This book is more a work of journalism than solid history and is not recommended. 25. Hilmar Kaiser, \"Germany and the Armenian Genocide, Part II: Reply to Vahakn N. Dadrian's Response,\" Journal of the Society for Armenian Studies, 9 (1996), pp. 139-40. 26 Ph 2 CHARGES\" ( 886185/). Chicago Daily Tribune. January 6, 1955. p. 16. Retrieved November 11, 2022 \u2013 via Newspapers.com. 27. Edwin Darden, 'Professor Suspended For Harassment', Livingston County Leader (Geneseo NY, February 4, 1981) ( Leader/Geneseo%20NY%20Livingston%20Leader%201981/Geneseo%20NY%20Livingston%20 Leader%201981%20-%200071.pdf) 28. \"Geneseo Fires Professor for Sexual Harassment\" ( Times Union. Associated Press. April 25, 1991. Archived from the original ( t/mweb/wmsql.wm.request?oneimage&imageid=5599449) on 2015-04-29. Retrieved 2022-06-30. 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 6/7 29. \" 'Over 1000 Sign Sex Harassment Petition', Livingston County Leader (Geneseo NY, March 11, 1981)\" ( 017/Geneseo%20NY%20Livingston%20Leader/Geneseo%20NY%20Livingston%20Leader%201 981/Geneseo%20NY%20Livingston%20Leader%201981%20-%200166.pdf) (PDF). Archived from the original ( eader/Geneseo%20NY%20Livingston%20Leader%201981/Geneseo%20NY%20Livingston%20L eader%201981%20-%200166.pdf) (PDF) on 2015-04-27. 30. \"Dadrian's CV, Zoryan Institute\" ( nstitute.org/Announcements/Dadrian%20CV%20July%2017,%202009.pdf) (PDF). Archived from the original ( 009.pdf) (PDF) on 2012-04-26. Retrieved 2011-12-27. Bibliography of V. N. Dadrian ( adrian-Bibliography-of-Published-Works-2016_08_25-18_41_10-UTC.pdf) 60 min. video of a Lecture by Prof. Dadrian at Armenica.org ( Dadrian at President Prize website ( Archived ( rchive.org/web/20190806165916/ 2019-08-06 at the Wayback Machine No Stopping Now: Dadrian Celebrates 85th Birthday ( stopping-now-dadrian-celebrates-85th-birthday/) Retrieved from \" External links 2/27/25, 7:08 Vahakn Dadrian - Wikipedia 7/7"} |
8,255 | Demetrios Achlioptas | University of California – Santa Cruz | [
"8255_101.pdf",
"8255_102.pdf"
] | {"8255_101.pdf": "Ella Apuntar Campus Investigations Into Engineering Professor Found to Warrant Discipline Updated: Dec. 6, 2019 10:55 a.m. Content warning: This article contains references to sexual and racial harassment pseudonym is used to protect the source\u2019s identity Elena Neale and Anna Maria Camardo, December 5, 2019 13 min \ue081 \uf097 \ue617 0 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 1/12 Four hundred and sixty one days ago, Alex Muhammad* filed a formal complaint against Santa Cruz computer science and engineering professor Dimitris Achlioptas through the whistleblower hotline. Three hundred and seventeen days ago, Skyler Bennett* filed a formal complaint against Achlioptas through Title IX. The university opened investigations into the allegations against Achlioptas through the Faculty Code of Conduct (FCC) process on Feb. 6 with former graduate students Bennett and Muhammad as co-complainants Title Director Isabel Dees opened a separate investigation the same day with Bennett as the sole complainant. Since City on a Hill Press last reported on this case in June, Bennett\u2019s Title investigation and both complainants\u2019 joint investigation concluded. The complainants now wait for Achlioptas to face a hearing before the Committee on Privilege and Tenure (CPT), which will begin in January. \u201cThere\u2019s a cyclical nature to this, where part of the reason that abusive behavior perpetrated by professors can get this far is because there\u2019s just a systematic failure to correct for these things,\u201d Bennett said, \u201cand a big part of that is making the process totally opaque and miserable, so much more than it needs to be, for complainants. It severely disincentivizes you from standing up for yourself.\u201d The Faculty Code of Conduct Muhammad\u2019s and Bennett\u2019s investigation concluded on May 31. Interim Campus Provost and Executive Vice Chancellor (CP/EVC) Lori Kletzer initiated disciplinary action against Achlioptas on Sept. 20. 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 2/12 Muhammad filed a revised grievance to on Dec. 21, 2018 alleging that, on multiple occasions, Achlioptas called him a terrorist. The grievance alleged Achlioptas made additional derogatory comments related to Muhammad\u2019s race and religion. The Committee on Charges issued a report on July 8, 2019, finding probable cause that Achlioptas had engaged in research misconduct, verbally abusive and coercive behavior toward students and harassing and discriminatory behavior toward students. In response to the committee\u2019s report, Kletzer wrote to Achlioptas on July 12 informing him of additional terms to his involuntary leave notice issued by the former on Feb. 6 to prevent Achlioptas from setting foot on the campus or contacting students. The former granted Achlioptas an exception to communicate with four graduate students he was advising. In her July 12 letter, Kletzer revoked this exception. Kletzer also alerted Achlioptas he was no longer permitted to serve as principal investigator for four grants in which he is named, limiting his research activity. The complainants said the university never notified them about this decision. \u201cThere\u2019s very little feedback back to complainants in the Faculty Code of Conduct say that descriptively, not to endorse,\u201d Kletzer said. \u201c[\u2026] The critical issue here is, in a process that hasn\u2019t come to a conclusion, you have to watch the information that you reveal because it can be revealed with prejudice. And that\u2019s the tricky place here, is the prejudicial nature of potential information sharing.\u201d Kletzer said she had conversations with students and administrators about meeting with the Academic Senate to discuss the points at which complainants receive information throughout the process. Academic Employee Relations Director Susan Fellows emailed both complainants on Sept. 20, stating Kletzer initiated disciplinary action because the investigation found probable cause that Achlioptas violated the FCC. Neither Bennett nor Muhammad has seen the investigator\u2019s full report related to their case. \u201cThe best way to guarantee due process and ensure a process is fair is through transparency where what is done is visible to all the relevant parties,\u201d Muhammad said. \u201c[\u2026] Any process that lacks transparency is one that is likely to be unfair, and only hear about 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 3/12 due process from the university when they\u2019re talking about people with power never hear about my due process rights.\u201d Both complainants have been called to testify at a hearing for Achlioptas in front of the CPT. The hearing dates are set for Jan. 24 and 27 and Feb. 3, 7 and 10. At time of press, neither complainant has committed to testifying. Achlioptas declined to provide comment for this story want to participate in a process that brings justice,\u201d Bennett said. \u201cBut need to have confidence in that process.\u201d When complainants agree to testify, they also agree to be cross-examined by the defendant\u2019s attorney. Muhammad said he worries cross-examination will make him a target of personal attacks, which could have lasting impacts on his emotional well-being and mental health. \u201cOne thing I\u2019ve learned from recent news is, when the facts aren\u2019t in question, [the opposition] attack[s] the witness,\u201d Muhammad said. \u201cI\u2019m only going to expose myself to this if the process is reasonable.\u201d Title Compared to the process, Title offers more opportunities for complainants to review evidence. Bennett received the Title report and notice of outcome for his case on July 17. Achlioptas\u2019s attorney, Michael J. DeNiro, emailed Muhammad\u2019s and Bennett\u2019s attorney, Latika Malkani, later that day urging her to advise Bennett not to disclose the contents of the report. Bennett didn\u2019t disclose the contents of the report to CHP, but he said he was relieved by the outcome of the investigation. 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 4/12 \u201cIt is really surreal to see the worst moments of your life being analyzed with respect to policies, all based on a variety of evidence and testimony,\u201d Bennett said. \u201cIt\u2019s a relief to be done with one part of the process, but always understood that the end of the investigation would not mean the end of this chapter of my life.\u201d Academic Employee Relations Director Susan Fellows emailed Bennett on Sept. 19 notifying him that Kletzer initiated disciplinary action after the investigation found a preponderance of evidence that Achlioptas violated the Sexual Violence and Sexual Harassment (SVSH) policy. In his grievance from Dec. 21, 2018, Muhammad alleged that Achlioptas asked him if he performs oral sex on his wife, told him to fulfill certain research requirements so Achlioptas could \u201cshow how big [his] dick is\u201d and falsely outed another student as gay with the intent of humiliating that student. On Feb. 4, 2019, Chief Campus Counsel Lorena Pe\u00f1aloza notified Muhammad that the Title office determined none of his allegations against Achlioptas met the prima facie requirement for a violation of the policy. On June 21 Title Director Isabel Dees emailed Muhammad notifying him that she reversed her office\u2019s previous prima facie decision. The reversal entitled Muhammad to formal complaint resolution options under Title IX. \u201cIt is my understanding that you gave indication to our office in August 2018 that you did not wish to be a complainant in a Title process,\u201d Dees said in the email. \u201cAt that time our office provided you with referral to other grievance processes with authority to respond to the vast majority of your concerns. Further, our office indicated to you that we desired to address the concerns you shared that related to Title following the conclusion of your selected grievance process.\u201d In a response to Dees\u2019s email, Muhammad said he had repeatedly requested to be a complainant, beginning in August 2018. Dees was not able to discuss the details of the case or, despite multiple requests, provide comment for this story. 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 5/12 systemwide Title opened an investigation into Muhammad\u2019s allegations on Oct. 3 at Dees\u2019s request appreciate that systemwide Title has opened an investigation into my allegations and remain hopeful of as fair an outcome as possible,\u201d Muhammad said. \u201cHowever, the fact that it took 13 months to open an investigation in the first place is an inherently unfair and unacceptable process.\u201d Demetrios Achlioptas v. The Regents of the University of California Achlioptas challenged the integrity of the investigations into his behavior on multiple occasions. Achlioptas first submitted a grievance to the on June 18, arguing that the former hadn\u2019t correctly followed the process as mandated by the when processing formal complaints naming Achlioptas as the respondent. He argued that the former CP/EVC\u2019s decision to initiate Title and investigations before forwarding the complaints to the Committee on Charges failed to adhere to the Campus Academic Personnel Manual (CAPM) pertaining to the process. Before Achlioptas filed his grievance with the CPT, his attorney, Michael J. DeNiro, emailed Interim Lori Kletzer asking her to discard the report compiled by the investigator in the case and ask the Title investigator to stop his investigation without preparing a report. DeNiro cited the alleged violation as grounds for nullifying the results of the concluded investigations. DeNiro further requested that Kletzer only initiate any new investigations after the Committee on Charges recommends that she do so Chair Jorge Hankamer replied to Achlioptas\u2019s grievance on June 28 in a letter. \u201cWe do not find that the has failed to follow any required procedure in your case,\u201d Hankamer wrote to Achlioptas. On July 1, Achlioptas filed a lawsuit against the Board of Regents with the Superior Court of the State of California, County of Santa Cruz (Civil Division). 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 6/12 In his lawsuit, Achlioptas petitioned for a writ of mandate and a complaint for injunctive relief against the regents \u2014 which would prevent the university from moving forward with the investigations into Achlioptas\u2019s alleged violations of Title and the FCC. \u201cAchlioptas does not challenge the facts or reasoning behind the University\u2019s decisions. Instead, he seeks to delay the underlying administrative process indefinitely with contrived and hypertechnical demands that serve no proper purpose,\u201d said Jean-Paul P. Cart, attorney for the regents, in the formal opposition to Achlioptas\u2019s petition. \u201cAchlioptas has failed to meet his burden and his Application should be denied.\u201d Judge John Gallagher denied Achlioptas\u2019s request for injunction on Sept. 4. \u201cThe court finds that Petitioner has not met his burden of demonstrating a reasonable probability of success on the merits, or the risk of irreparable injury,\u201d Gallagher wrote in his decision. \u201cThis application for a preliminary injunction is therefore denied.\u201d New Investigation into Faculty Retaliation Based on a complaint by Muhammad, systemwide Title opened a formal investigation on Oct. 29 related to allegations of retaliatory conduct by professor emeritus Manfred Warmuth regarding the ongoing investigation into Achlioptas. Muhammad emailed Baskin School of Engineering Dean Alexander Wolf and systemwide Title Deputy Director Kendra Fox-Davis on Sept. 27 alleging Warmuth persistently attempted to contact him asking him to show leniency regarding discipline against Achlioptas. \u201cOne professor pressuring a student regarding another faculty member\u2019s discipline is inappropriate and unethical,\u201d Muhammad wrote in his email to Wolf and Fox-Davis. \u201c[\u2026] My relationship with Prof. Warmuth was my last academic link to UCSC. By reporting this misconduct know that link is broken, and have now lost everything had at UCSC. Please remember the cost victims pay when we come forward.\u201d In his Sept. 27 email, Muhammad cited seven times that Warmuth allegedly attempted to contact him via email and Skype, beginning on July 30. 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 7/12 During the only Skype call Muhammad answered, Warmuth allegedly told Muhammad he met with Achlioptas in person prior to the call, which, if true, would violate the terms of Achlioptas\u2019s involuntary leave notice. In one email, Warmuth told Muhammad to consider Achlioptas\u2019s family when pursuing discipline. \u201cThem having a family has nothing to do with how this process should play out, because can tell you nobody at has ever considered my wife in this process and the cost that us having to live in different states has taken on her life and her well-being mentally and emotionally and nobody has even expressed sadness or sympathy or empathy,\u201d Muhammad said. \u201cBut speaking generally, faculty have this [\u2026] mentality that they protect each other, and find it disgusting.\u201d Recent Events Muhammad\u2019s wife, Sally Daley,* said Achlioptas arrived in person at the lab where she works at San Jose State University on Nov. 1. \u201cAround 4:15 heard a knock on the door,\u201d Daley said walked over to the door, opened the door and didn\u2019t see anyone right away [\u2026] and then a face popped up from behind the door so saw his face and his shirt, and [\u2026] in that split second recognized him.\u201d Daley said she was \u201cfreaked out\u201d and wondered why Achlioptas would be there. She said she immediately texted Muhammad about what happened. Muhammad then sent an email detailing the incident to systemwide Title Deputy Director Kendra Fox-Davis and Dean of Students Garrett Naiman. Around 7 p.m. that day, a lab member sent an email to the rest of the lab stating that Achlioptas attempted to find Daley earlier that afternoon. The email included photographs of Achlioptas and instructed others not to let him into the lab or answer any of his questions. Daley said the incident has since impacted her daily life at SJSU. \u201cWe have to be careful to keep the door closed all the way, all the doors are locked,\u201d Daley said. \u201cEvery Friday when I\u2019m teaching, one of my colleagues from the lab is there with me because my [principal investigator] is also stressed out, she saw him apparently have to 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 8/12 call campus police every time have to go to my car. When park am always looking over my shoulder, when walk am always looking over my shoulder. It\u2019s scary.\u201d Fox-Davis sent Achlioptas an email on Nov. 4 alerting him that she had received reports he had attempted to contact Daley at SJSU. Fox-Davis referenced an Oct. 11 no-contact directive Title Director Isabel Dees sent Achlioptas prohibiting him from communicating with complainants directly or through a third party. \u201cThis conduct, if true, may violate the No-Contact Directive and/or warrant a separate investigation,\u201d Fox-Davis said in the email. \u201cWe urge you to abide by the parameters of the No-Contact Directive and cease any attempt [to] contact the Complainant, including through his spouse.\u201d On Nov. 7, Dees issued an additional no-contact directive between Achlioptas and Daley due to reports from Nov. 1. Systemwide Title issued a revised letter to Muhammad on Nov. 19 stating the investigation into Achlioptas expanded due to the new reports of Achlioptas\u2019s visit to Daley\u2019s workplace. The investigation is expected to conclude within 90 business days of its Nov. 19 expansion. On Dec. 3, Interim Lori Kletzer sent a letter of admonition to Achlioptas in which she stated that Achlioptas\u2019s attempts to contact Daley at her workplace violated Dees\u2019s Oct. 11 directive. \u201cThis alleged failure to comply with a directive from Director Dees interferes with the University\u2019s ability to carry out its obligation to conduct the Title investigation in a timely, effective, and neutral manner,\u201d Keltzer wrote in the letter. \u201cThe purpose of this letter is to admonish you for that action.\u201d Kletzer added that failure to adhere to the terms and conditions issued by campus and systemwide Title may create independent grounds for disciplinary action. On Dec. 6, after time of press, Achlioptas requested include the following comment sincerely apologize to the wife of my former graduate student for recently trying to reach out to her in person. It was a terrible mistake of judgement on my part that deeply regret realized my mistake as soon as she opened the door to her lab after knocked. 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 9/12 Elena Neale and Anna Maria Camardo Embarrassed by my conduct mumbled am sorry\u2019 and walked away,\u201d Achlioptas wrote in an email am truly sorry for the distress caused.\u201d Correction: The original version of this article stated Judge John Gallagher dismissed Demetrios Achlioptas v. The Regents of the University of California on Sept. 4. It has since been corrected to read that Judge John Gallagher denied Achlioptas\u2019s request for a preliminary injunction on Sept. 4 Apply CHPNow Arts & Culture Visual Stories City on a Hill Press 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 10/12 Opinion Columns Editorials Letters to the Editor Submissions Archive City on a Hill Press is produced by and for students. Our primary goal is to report and analyze issues affecting the student population and the Santa Cruz community. We also serve to watchdog the politics of the administration. While we endeavor to present multiple sides of a story, we realize our own outlooks influence the presentation of the news. The City on a Hill Press (CHP) collective is dedicated to covering underreported events, ideas and voices. Our desks are devoted to certain topics: campus and city news, sports, arts and entertainment, opinion and editorial is a campus paper, but it also provides space for Santa Cruz residents to present their views and interact with the campus community. Ideally, CHP\u2019s pages will serve as an arena for debate, challenge, and ultimately, change is published weekly in the fall, winter and spring quarters by the City on a Hill Press publishing group, except during Thanksgiving and academic breaks. The opinions expressed in this paper do not necessarily reflect the opinions of the staff at large, or the University of California. Mission Search Search here... \ue090 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 11/12 WordPress Theme built by Shufflehound. 2/27/25, 7:08 Investigations Into Engineering Professor Found to Warrant Discipline - City on a Hill Press 12/12", "8255_102.pdf": "1 of 3 News 45 Followers Discipline recommended for professor accused of discrimination, sexual harassment Demetrios Achlioptas 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 1/8 By Avery Johnson December 5, 2019 5:53 Published December 5, 2019 5:50 CRUZ, Calif. (KION) The Committee on Charges at Santa Cruz recommended discipline against professor Demetrios Achlioptas, according to court documents shared with KION. The documents say he also made admissions to the actions he was accused of. Between late 2018 and early 2019, the university received three formal complaints against Achlioptas, saying he engaged in abusive, coercive, discriminatory and harassing conduct statement issued in May said in part, \" The allegations include sexual harassment, and discrimination based on race, gender, and religion and more. He was placed on leave with pay in December 2018. He could not be on the campus for work-related reasons or perform work-related activities that would bring him into contact with students. The Campus Provost and Executive Vice Chancellor at the time, Marlene Tromp, told Achlioptas he could submit a grievance challenging the decision, but he did not submit one. In February 2019, Tromp told Achlioptas she was revising the terms of his leave, saying the university got more details about the allegations against him. The new terms were that he could not be on campus for work-related reasons, engage in work-related duties except independent research or a pre- approved project, contact any of the school's students, faculty and staff other than four PhD students, his department chair and central campus offices. Again Achlioptas was told he could challenge the decision, but he did not 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 2/8 Achlioptas submitted a grievance about the school's treatment of the complaints against him on June 18, 2019. He did not grieve Tromp's decision to place him on involuntary leave, but grieved that Tromp should not have started investigating the complaints until after they had been submitted to the Committee on Charges. He requested that Tromp end the investigation the Title office was performing and and that she discard a report from an investigation she had an outside firm perform. Achlioptas' grievance was rejected on June 28 after the university's Committee on Privilege and Tenure found that he did not demonstrate that any of his rights had been violated as a result of Tromp referring the complaints to the Title office and retaining an outside investigator. On July 8, the university's Committee on Charges found probable cause that he had, \"engaged in research misconduct, verbally abusive and coercive behavior toward students, and harassing and discriminatory behavior toward students.\" The Committee on Charges said it came to that conclusion after looking at the complaints and other documented evidence. It also took into account Achlioptas' statements and admissions about the actions he was accused of. The committee also looked at the outside investigator's report, which recommended appropriate discipline if the suspected misconduct was substantiated. \"While the University will not publicize that recommendation here, suffice it to say that the Committee on charges 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 3/8 expressed great concern for the wellbeing of students, and the discipline it recommended is reflective of this concern,\" documents opposing Achlioptas' application for a restraining order to cancel the university's actions said. On July 12, the terms of involuntary leave were revised again in light of the report by the committee. The new terms did not allow Achlioptas to take part in work-related activities that involve contact with potential students or supervise or advise students. He was also not able to participate in any of his grants. Again he was told he could submit a grievance, but did not. Article Topic Follows: News 45 Followers Achlioptas Court Documents Demetrios Discipline Discrimination Engineering Marlene Tromp Sexual Harassment Title Ix Uc Santa Cruz Ucsc Jump to comments \u2193 Avery Johnson Avery Johnson is the Digital Content Director at News Channel 5/46 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 4/8 Del Monte Shopping Center sold for $123.5 million Former Salinas soccer coach to be sentenced for felony charges against eight teens Future funding at risk for San Benito food bank, El Nopal Bakery Three arrested after high- speed chase, standoff in Watsonville Powered by More Clouds, Still Warm 4 Around The Web 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 5/8 46 is committed to providing a forum for civil and constructive conversation. Please keep your comments respectful and relevant. You can review our Community Guidelines by clicking here If you would like to share a story idea, please submit it here. An Advanced Research Tool By Ethereal Search Engine Test Your Hearing From The Comfort of Your Home By Is My Space a Good Fit for Airbnb? By Stop Paying Too Much for Your Prescriptions - Compare Prices Today By How Long Does $1 Million Last After 60? By Access Low- interest Funds for Home Renovations By 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 6/8 Popular Videos Powered by Fate of Vistra Energy battery storage facili 4 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 7/8 Report | Terms of Use | Privacy Policy | Community Guidelines Applications | Do Not Sell My Personal Information Breaking News Severe Weather Daily News Update Morning Weather Forecast Contests and Promotions Available for iOS and Android \u00a9 2025 of Monterey-Salinas 64\u00b0 2/27/25, 7:09 Discipline recommended for professor accused of discrimination, sexual harassment \u2013 KION546 8/8"} |
7,806 | Tracy McIntosh | University of Pennsylvania | [
"7806_101.pdf",
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] | {"7806_101.pdf": "Ex-prof gets prison sentence for sex assault McIntosh receives up to seven years in prison for 2002 sexual assault of college roommate's niece By Emily Garrett and Meredith Aska McBride 02/14/08 5:00am Former Neurosurgery professor Tracy McIntosh was sentenced to 3 1/2 to seven years in prison yesterday for the 2002 sexual assault of his college roommate\u2019s niece. Philadelphia Court of Common Pleas Judge Pamela Pryor Dembe delivered McIntosh\u2019s court-ordered new punishment, after his original sentence of 11 1/2 to 23 months of house arrest was vacated by the state Superior an Supreme courts. Dembe admitted to struggling with the decision. \u201cMr. McIntosh is not a monster; no one is,\u201d she said have wrestled with this decision.\u201d But Dembe was ultimately unswayed by McIntosh\u2019s plea for a lenient sentence as a reward for having been a mode citizen before the assault and having complied with all court provisions since 2002. McIntosh, 54, pleaded no- contest to the assault in December 2004. McIntosh\u2019s wife appeared visibly shaken as her husband was led out of the courtroom yesterday. 2/27/25, 7:09 Ex-prof gets prison sentence for sex assault | The Daily Pennsylvanian 1/4 Defense attorney Joel Trigiani said he plans to appeal the sentence. \u201cWhen we have cases like this that are close calls, that\u2019s what appellate courts are for,\u201d he said. Sentencing proceedings were delayed yesterday after Trigiani asked to withdraw McIntosh\u2019s no-contest plea, a request Dembe denied. \u201cIt\u2019s like any major decision in life. Once you\u2019ve made it, there are second thoughts,\u201d Dembe said. \u201cBut after two go arounds it\u2019s too late to withdraw the plea.\u201d The victim, who was a 23-year-old woman about to enter Penn\u2019s School of Veterinary Medicine at the time of the assault, testified at the sentencing. Asked to describe the night by Assistant District Attorney Richard DeSipio, she said McIntosh \u201chad taken me to several bars\u201d before returning to his office at Penn in Hayden Hall absolutely remember him putting his penis inside of me\u201d after she had vomited from the alcohol, the victim said She added that she then took a cab home, showered and went to sleep. \u201cMy first reaction [when woke up] was was just raped,\u2019\u201d she said, clearly upset. \u201cNo prestige from his papers or brain surgeries erases it.\u201d The victim\u2019s uncle \u2013 McIntosh\u2019s college roommate \u2013 also spoke yesterday and testified that, after the assault, he talked to mutual friends who said McIntosh \u201cwas very aggressive with women.\u201d \u201cThis was not a mistake,\u201d the victim said of the rape. \u201cThis was a plotted, calculated, manipulated act.\u201d The defense called a number of witnesses to testify on McIntosh\u2019s behalf. McIntosh \u201chas learned so profoundly,\u201d said his wife\u2019s best friend, Diane Anderson believe that this continuing [legal] process has prevented him from doing the kinds of atonement\u201d that he needs and wants to do. 2/27/25, 7:09 Ex-prof gets prison sentence for sex assault | The Daily Pennsylvanian 2/4 Despite the defense\u2019s attempt to discuss McIntosh\u2019s character and rehabilitation efforts, the victim said she only wanted to address the facts of the case am here to talk with Her Honor about what happened that night and get out of here,\u201d she said in an exchange wi Trigiani about whether people can change. The victim described McIntosh as \u201cincredibly sick\u201d and said she would not have endured the long legal ordeal had the rape not happened. McIntosh was originally sentenced to house arrest and fines and restitution to the victim in March 2005. Following large public outcry, the prosecution appealed the decision on the grounds that it was too lenient. Appeals courts concurred and sent the case back to the lower court. State sentencing guidelines call for three-to-six years in prison for McIntosh\u2019s offense. The defense alleges that the original sentence, handed down by Common Pleas Judge Rayford Means \u2013 who recuse himself from the case last September \u2013 was the result of a backroom deal between Means and attorneys on both sides. That deal, the defense claims, stated that McIntosh would not go to prison in exchange for his no-contest plea. Means has never publicly stated the reasoning behind his original sentence. The victim reached confidential settlements in civil suits against both McIntosh and Penn in January 2007. Staff writer Alyssa Schwenk contributed reporting to this article. The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn PennConnects 2/27/25, 7:09 Ex-prof gets prison sentence for sex assault | The Daily Pennsylvanian 3/4 Comments powered by Disqus Please note All comments are eligible for publication in The Daily Pennsylvanian. Most Read Next Previous \ue804 2/27/25, 7:09 Ex-prof gets prison sentence for sex assault | The Daily Pennsylvanian 4/4", "7806_102.pdf": "Up to 7 years in prison for professor By 6abc Wednesday, February 13, 2008 (AP) - February 13, 2008 Tracy McIntosh, an acclaimed brain researcher who once held an endowed chair at the University of Pennsylvania, was accused of drugging and raping the niece of a college friend as he showed the young woman around campus. McIntosh pleaded no contest in 2004 to felony sexual assault and marijuana possession. In court Wednesday, he denied raping the victim mistook your trust and openness for physical attraction,\" he said. McIntosh had taken the woman out for several drinks in September 2002 until she became ill and vomited. He then brought her back to his Penn office, gave her marijuana, put her on a couch and raped her, prosecutors say. McIntosh, 54, of Media, is married and has two daughters not much younger than the victim. He said he had pleaded only because of a deal that would allow him to avoid jail time. In March 2005, he was sentenced to house arrest. Prosecutors, however, said they had no such deal and appealed the sentence state appeals court agreed, saying the judge had treated McIntosh more like a \"school boy\" than a criminal. Common Pleas Court Judge Pamela Pryor Dembe, who took over the case, saw things differently on Wednesday. \"It's breathtaking in its vileness,\" Dembe said of McIntosh's actions can think of no circumstance in which it is appropriate to victimize a child who's the next best thing to a relative.\" The judge earlier in the day refused a last-minute attempt by the defense to withdraw the no-contest plea. After sentencing McIntosh, she immediately revoked his bail. The 28-year-old victim, now a fourth-year veterinary student at Penn, watched as McIntosh was handcuffed and taken to jail. 6abc.com/Links Submit a News Tip 6abc Podcasts Watch Now Philly One Tank Trips Inside Story 24/7 Live 52\u00b0 2/27/25, 7:09 Up to 7 years in prison for professor | 6abc Philadelphia | 6abc.com - 6abc Philadelphia 1/4 He acknowledged \"inappropriate\" and \"shameful\" behavior, but denied drugging or raping her string of character witnesses - neighbors, church friends, a colleague and McIntosh's wife, Cynthia - described McIntosh in 2002 as an arrogant, self-centered philanderer. But they said he had transformed himself during his five-year legal battle, when McIntosh spent six months on house arrest and picked up trash as part of a community service requirement. They suggested that the ordeal had been just as harrowing for him as for the victim. \"Are you telling me that no one ever encourages a man and then regrets it later?\" neighbor Deborah B. Sloman testified. The victim, sobbing, ran from the courtroom. The prolonged case has forced the victim's parents and uncle to repeatedly fly to Philadelphia for several rounds of court hearings. \"What you did was to rape a vomiting, incapacitated 23-year-old girl who looked at you like a mentor,\" the victim testified. \"There's no way would be here five years after the fact ... if that had not happened,\" she said. She said she came forward to prevent McIntosh from attacking any other women. As part of a civil suit she filed against Penn, she unearthed reports that showed that numerous other women in McIntosh's research laboratory had complained about his sexual advances. Their complaints led to an intervention with him in November 2002, two months after the assault. The civil suit, which also named McIntosh and several university officials as defendants, was settled confidentially. The victim charged in the suit that she pursued criminal charges after the university failed to act on an internal complaint. Penn forced McIntosh, head of its Head Injury Research Center, to resign after his no-contest plea. McIntosh plans to appeal Dembe's decision not to let him revoke his plea. He previously worked at Boston University, the University of California at San Francisco and the University of Connecticut. Copyright \u00a9 2025 WPVI-TV. All Rights Reserved. 2/27/25, 7:09 Up to 7 years in prison for professor | 6abc Philadelphia | 6abc.com - 6abc Philadelphia 2/4 Mass firings of federal probationary workers to likely unlawful: Judge Updated an hour ago Police officer released from the hospital after being stabbed in neck Updated an hour ago reports 3 measles cases as sees first measles death in a decade Updated 2 hours ago 4th teenager arrested for holiday season shooting at Dilworth Park Updated 2 hours ago Gene Hackman, wife found dead in home under 'suspicious' circumstances Updated an hour ago Pastor charged with sexually assaulting a teen in New Jersey Updated an hour ago Philadelphia police officer injured after hit-and-run crash Updated 2 hours ago Topics Home Weather Traffic Watch Photos Apps Regions Philadelphia Pennsylvania New Jersey 2/27/25, 7:09 Up to 7 years in prison for professor | 6abc Philadelphia | 6abc.com - 6abc Philadelphia 3/4 Privacy Policy Do Not Sell or Share My Personal Information Children's Privacy Policy Your State Privacy Rights Terms of Use Interest-Based Ads Public Inspection File Applications Copyright \u00a9 2025 ABC, Inc Philadelphia. All Rights Reserved. Delaware More Content Investigation Troubleshooters Consumer Healthcheck Links from Action News Art of Aging 6abc About 6abc/Contact Us! Action News Biographies 6abc Contests & Promotions Listings Jobs & Internships at 6abc Community Help With An Antenna 2/27/25, 7:09 Up to 7 years in prison for professor | 6abc Philadelphia | 6abc.com - 6abc Philadelphia 4/4", "7806_103.pdf": "Tracy McIntosh, a leading researcher at the University of Pennsylvania, was accused of assaulting his college roommate\u2019s 23-year-old niece in his office after drinking in several local bars. The victim also believed McIntosh drugged her, though that was never proved. McIntosh was charged with rape and other crimes. The D.A.\u2019s office negotiated a plea deal. McIntosh pled guilty to sexual assault, a lesser felony, class two, and possession of a controlled substance. He smoked marijuana with the victim before the assault. Prosecutors thought say they expected McIntosh would get at least two to three years in a state prison, but Judge Rayford Means sentenced him to fines, probation, and house arrest. The D.A. is now appealing that sentence. The D.A. was asked in court\u2014quote\u2014\u201cAre you saying that if Mr. McIntosh were a truck driver or a mill worker, he wouldn\u2019t have been treated this way?\u201d D.A. William Young responded that is patently obvious from this record. Carol Tracy is executive director of Pennsylvania\u2019s Women\u2019s Law Project joined \u2018The Abrams Report\u2019 to discuss the idea that McIntosh may have been let off easy because of his outstanding medical record. To read an excerpt from their conversation, continue to the text below. To watch the video, click on the \"Launch\" button to the right REPORT\u2019: Is this as outrageous as it sounds PROJECT: Yes, it is. ABRAMS: Tell me why. March 23, 2006, 12:55 Medical researcher accused of sexual assault Was a judge wrong when he sentenced a respected medical researcher to house arrest for an admitted sexual assault? MSNBC-TV's Dan Abrams talks with Carol Tracy of the Women's Law Project 2/27/25, 7:09 Medical researcher accused of sexual assault 1/4 TRACY: There\u2019s no question about it. In cases like this, one wants the law to really focus on the crime, the act itself, not the actor, and it sends a terrible message both about the administration of justice, but also about whether women are going to come forward if the person who has assaulted them is a person of power and position and privilege. ABRAMS: This is what the victim had said in court was raped and it was the most disgusting thing ever. He took something from me that will never get back. It will affect me for the rest of my life and don\u2019t want this to happen to other women. Now we should say that she apparently signed off on the plea deal that he get the lesser charge of sexual assault, but don\u2019t think anyone expected that that would mean no time behind bars, right? TRACY: That\u2019s right. And you know, sexual assault is still a very serious charge, it\u2019s a felony. It\u2019s a second-degree felony. ABRAMS: Well and we say two to three years, actually the statute says it could be five to 10 years. We were just saying as a practical matter, it was likely to be two to three years. And remember this is a guy\u2014we\u2019re not questioning whether anything happened. This is a quote from him. \u201cMy actions were inappropriate and totally admit it. I\u2019m deeply sorry for my conduct.\u201d So it sounds like what you\u2019re saying is the fact that he is this researcher with all of these awards, et cetera, led the judge to go soft on him don\u2019t think there\u2019s any question about that and it certainly sent shock waves through the community in Philadelphia, and it really begs the question that with\u2014people have wondered about forever about why women don\u2019t come forward to prosecute, to come forward in cases of sexual assault and domestic violence. There\u2019s a belief particularly if the person who has assaulted them is powerful, that justice won\u2019t be done. ABRAMS: We spoke with some former prosecutors in Pennsylvania and they said that some of the factors that made this case or would have made this case harder to prosecute is the fact that they were out drinking together, that was consensual, that they were apparently smoking pot consensually, but she\u2019s also saying well, OK, fine, but was also drugged, right? And that wasn\u2019t proven but that\u2019s the allegation. TRACY: Well it wasn\u2019t proven because it didn\u2019t go to trial. But there was certainly a lot of circumstantial evidence, including a woman sitting in one of these restaurant-bars and projectile vomiting and her description of just being in and out of consciousness mean think it would have gone to credibility, but think that it may well have been proven if it had gone to trial and she was very clear that she did not consent to this. 2/27/25, 7:09 Medical researcher accused of sexual assault 2/4 ABRAMS: This guy is a 52-year-old physician, married, father of two, served as director of the Head Injury Center at the University of Pennsylvania. He received many awards and his research was funded by the National Institute of Health and the Veterans Administration. Let\u2019s remember why this college roommate\u2019s niece was there, right mean she was supposed to be there for what, advice and career counseling? TRACY: Well, she was being admitted to a graduate program at the University of Pennsylvania, and apparently they were having dinner or drinks where he was talking to her about potentially working in his lab, so it was a personal and a professional context. ABRAMS: So mean, the point is that there\u2019s also a sort of abuse of power here. Has he been sanctioned by any of the professional organizations, et cetera? TRACY: Not that I\u2019m aware of mean, he resigned from the University of Pennsylvania. ABRAMS: Because if you don\u2019t know, we\u2019ll find out exactly what happens to this guy. But the judge, you think, just saw this guy\u2019s resume and said, oh, well, you know, he\u2019s working with the National Institute of Health and he\u2019s done so much, et cetera think so. It\u2019s inexplicable. This isn\u2019t a judge that has this, you know, particularly lenient reputation in the city. It\u2019s perplexing to everyone that this happened. And there\u2019s no question that he was a very important scientist. ABRAMS: Let me ask you a broader question guess I\u2019m often surprised at how lenient many of the sentences are for forcible rape mean this was not\u2014again, this was sexual assault, it\u2019s considered a lesser crime, but just in general, I\u2019m always surprised that when people are convicted of forcing themselves on a woman, whatever you call it, sexual assault, rape, et cetera, that they\u2019re not getting that much time. TRACY: You\u2019re absolutely right. It\u2019s stunning. It is the second most serious crime when the uniform crime code lists it right under murder. It\u2019s an incredibly serious crime. It\u2019s a terrible invasion of a person\u2019s body and invasion of a person\u2019s bodily integrity and autonomy. It\u2019s a terrible, terrible crime. But apparently the sentencing around it is very lenient and in this case, it could have been as little as two years. And again the only difference between the first degree and second degree\u2014the first-degree rape and the second-degree felony sexual assault is violence. ABRAMS: Yes. Right. 2/27/25, 7:09 Medical researcher accused of sexual assault 3/4 TRACY: There wasn\u2019t any additional violence such as a gun or knifepoint and those kinds of issues but it\u2019s very serious. ABRAMS: Total sidetrack here, do you agree with me that it\u2019s ridiculous to make a comparison between this teacher, this 23-year-old teacher who had sex with her 14-year-old student in cases of where a man is forcing himself on a woman don\u2019t know that it\u2019s ridiculous think they\u2019re two very difficult issues. But do think that the comparison is different mean, in that case, for whatever reasons, the district attorney couldn\u2019t proceed apparently because the witness, and it\u2019s also important to understand that there are hundreds, probably thousands of cases each day in courts throughout the United States where prosecution does not occur in domestic violence and sexual assault cases. And that\u2019s exactly my point. Is those are the cases we need to be concerned about. The fact that there\u2019s an isolated case of some attractive female teacher is having sex with her 14-year-old student to me is not a national problem. What you\u2019re talking about is. Watch the 'Abrams Report' for more analysis and interviews on the top legal stories each weeknight at 6 p.m on TV. 2/27/25, 7:09 Medical researcher accused of sexual assault 4/4", "7806_104.pdf": "v. McINTOSH (2006) Superior Court of Pennsylvania of Pennsylvania, Appellant v. Tracy McINTOSH, Appellee. Decided: November 06, 2006 BEFORE: TODD, BENDER, and GANTMAN, JJ. William G. Young, Asst. Dist. Atty., Philadelphia, for Com., appellant. Thomas A. Bergstrom, Malvern, for appellee. \u00b6 1 The Commonwealth appeals the judgment of sentence imposed on Tracy McIntosh after he entered a plea of nolo contendere to a single count of sexual assault. For the following reasons, we reverse and remand for resentencing.1 \u00b6 2 The charges in the instant case arose from a sexual encounter on the evening of September 6, 2002 between McIntosh, then a professor at the University of Pennsylvania (\u201cPenn\u201d), and the 23-year-old victim, M.R., who had just begun classes at Penn's veterinary school. M.R. also was the niece of a good friend of McIntosh and, because of McIntosh's relationship with M.R.'s uncle, M.R. and McIntosh had met each other prior to her matriculation at Penn. McIntosh offered to show M.R. around the city after M.R. moved to Philadelphia, and the two agreed to get together on September 6, 2002. \u00b6 3 On that evening, M.R. and McIntosh met at McIntosh's research lab on Penn's campus. From there, the two embarked on a night of drinking that took them to three local bar/restaurants. Over the course of the evening, both parties consumed several alcoholic beverages. While at the second establishment, the White Dog Cafe, M.R. began to feel \u201cstrange\u201d and \u201cout of it.\u201d Upon moving to the third establishment, the Pod Bar, M.R. became disoriented and suffered memory loss and began projectile vomiting. In response to this situation, McIntosh walked M.R. back to his laboratory because she was \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 1/27 unable to walk on her own, and gave her some marijuana, telling her that it would help settle her stomach. From this point forward, M.R.'s memory is fragmented and incomplete. \u00b6 4 It is undisputed that McIntosh and M.R. returned to McIntosh's laboratory and that sexual intercourse later ensued. In statements given to the police, M.R. indicated only partial recollection of what took place at the laboratory. She recalls kissing McIntosh at some point and then later observing McIntosh with his penis in his hand and then, finally, she recalls McIntosh placing his penis inside her vagina. M.R. remembered pulling up her pants after the sexual encounter ended and then, later, being in a cab en route to her apartment. When M.R. awoke the next day, she began recalling more of the events of the evening, and she told friends and family about the perceived assault but did not immediately contact authorities because of her family's relationship with McIntosh. She finally called the police on November 18, 2002. \u00b6 5 Over the next five months, the police investigated M.R.'s allegations, which ultimately led to McIntosh's arrest on April 23, 2003. The investigation did not end with McIntosh's arrest, however, as the police continued to investigate and attempted to collect evidence in support of the allegations and the theories of the case which were developed from M.R.'s statement. Among the theories the police attempted to develop was the possibility that McIntosh, who in his capacity as a research professor in the health field had access to narcotics, had provided M.R. with Nembutal or some other narcotic. Additionally, police eventually seized a couch in McIntosh's laboratory with an eye toward seeking samples to corroborate M.R.'s account of the events of the night in question. In the end, despite an audit of all narcotics to which McIntosh had access, police were not able to confirm any missing narcotics. Also, although samples taken from the couch were consistent with semen and vomit, no results were obtained. \u00b6 6 In response to charges of rape, sexual assault, indecent assault, unlawful restraint, knowing possession of a controlled substance, recklessly endangering another person, indecent exposure, and false imprisonment, on December 1, 2004, McIntosh pled nolo contendere to a single charge of sexual assault 2 and one count of knowing possession of marijuana.3 At the plea colloquy, a factual predicate was stated for the plea: McIntosh had sexual intercourse with the victim without her consent as she had been rendered incapable of consenting due to intoxication. It was for these actions that McIntosh stood for sentencing on March 2, 2005. \u00b6 7 After a lengthy sentencing hearing before the Honorable Rayford A. Means, in which the court heard from numerous witnesses called by the victim and McIntosh, and after reviewing a presentence investigation report and other documents, the court imposed sentence. As we discuss more fully below, the net effect of the sentence imposed and the actions taken by the court on March 2, 2005 was to allow McIntosh to avoid incarceration, aside from the day he spent in jail after his arrest, and to serve a period of house arrest followed by eight years of probation for his conviction of sexual assault, plus a 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 2/27 consecutive term of two years probation for the drug offense. On March 4, 2005, the Commonwealth filed a motion for reconsideration of sentence. On March 18, 2005, the Commonwealth's motion for reconsideration was denied and, three days later, the Commonwealth filed the present appeal. Oral argument before this Court was held on March 21, 2006. \u00b6 8 In this appeal, we are called upon to determine whether McIntosh's sentence is illegal, i.e., not authorized by statute, and whether the trial court abused its discretion by rendering an excessively lenient sentence. Specifically, the Commonwealth presents two questions for our review: 1. Did the lower court impose an illegal sentence by placing defendant on house arrest with electronic monitoring, a form of intermediate punishment, where the legislature has expressly precluded such a sentence for the crime of sexual assault? 2. Did the lower court abuse its discretion by unreasonably deviating from the Sentencing Guidelines by imposing an excessively lenient sentence of house arrest and probation for the crime of sexual assault, a second degree felony, where the guidelines even in the mitigated range recommended incarceration in a state prison, and the court provided inadequate and improper reasons for its sentence? (Commonwealth's Brief at 5.) \u00b6 9 In its first issue, the Commonwealth contends that the sentencing court \u201cimposed an illegal sentence \u2024 without statutory authorization\u201d when it sentenced McIntosh to house arrest \u201cbecause house arrest is a form of intermediate punishment and the legislature has expressly declared that a person convicted of sexual assault cannot be sentenced to intermediate punishment.\u201d 4 (Commonwealth's Brief at 21.) The Commonwealth premises its argument upon 42 Pa.C.S.A. \u00a7 9804, which, in relevant part, reads: \u00a7 9804. County intermediate punishment programs (a) Description.-County intermediate punishment program options shall include the following: (1) Restrictive intermediate punishments providing for the strict supervision of the offender including programs that: (i) house the offender full or part time; (ii) significantly restrict the offender's movement and monitor the offender's compliance with the program; or (iii) involve a combination of programs that meet the standards set forth under subparagraphs (i) and (ii). 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 3/27 * * * (b) Eligibility.- (1) No person other than the eligible offender shall be sentenced to a county intermediate punishment program. 42 Pa.C.S.A. \u00a7 9804. Further, the term \u201celigible offender\u201d is defined in Section 9802 as follows: Subject to section 9721(a.1) (relating to sentencing generally), a person convicted of an offense who would otherwise be sentenced to a county correctional facility, who does not demonstrate a present or past pattern of violent behavior and who would otherwise be sentenced to partial confinement pursuant to section 9724 (relating to partial confinement) or total confinement pursuant to section 9725 (relating to total confinement). The term does not include an offender with a current conviction or a prior conviction within the past ten years for any of the following offenses: * * * 18 Pa.C.S. \u00a7 3124.1 (relating to sexual assault) 42 Pa.C.S.A. \u00a7 9802. \u00b6 10 Since McIntosh was sentenced in the present case upon a nolo contendere plea for sexual assault, the Commonwealth contends that he was not eligible for county intermediate punishment and that his sentence is thus illegal. While we do not disagree with the Commonwealth's primary premise, we nonetheless disagree with its characterization of McIntosh's sentence and thus its conclusion that it was illegal. \u00b6 11 Ultimately, the resolution of this issue on appeal revolves around the question of whether the court imposed a sentence of house arrest,5 as the Commonwealth contends, or imposed a sentence of total confinement, and then exercised the authority provided it by statute to grant parole 6 , which parole was restricted to house arrest. Literally read, it seems clear that the court imposed a sentence of total confinement of 11 1/212 to 23 months imprisonment, but then granted McIntosh parole only a few moments later. In imposing sentence, the court stated in open court: On the sexual assault\u2024 Sentence is eleven and-a-half to twenty-three months; eight years consecutive probation on the sexual assault, followed by two years' consecutive probation on knowing and intentional possession of a controlled substance. For a total [of] twelve years you will be under my supervision. You are going to [be] immediately paroled to house arrest. You will report here monthly. 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 4/27 (N.T. Sentencing, 3/02/05, at 114-15.) Additionally, the sentencing order reads: Charge # 2-Not less than eleven and one half months nor more than twenty three months in the Phila. County Prison and eight years county reporting consecutive probation to run concurrently with any sentence now serving. Credit time served, if any on this case. Pay supervision fee $235.50 court costs, $20,000.00 fine, $20,000.00 restitution for counseling, $1,000.00 lab fee. Defendant granted immediate forthwith parole to House Arrest with Electronic Monitor. Defendant confined to home. Registration with State Police for Megan's Law. Payments to begin within 3 months. No supervisory position of employment or social setting. Remain in counseling treatment until cured. Stay away order issued. No discussion of case on internet or anywhere. Status date 4-1-05, rm. 804, 8:00 A.M. By the Court. (Sentencing Order, 3/2/05.) \u00b6 12 Despite the literal wording of the court's sentence, the Commonwealth contends that the present case is indistinguishable from Commonwealth v. DiMauro, 434 Pa.Super. 129, 642 A.2d 507 (1994), a case where this Court found the imposition of a sentence of intermediate punishment illegal. We find DiMauro to be distinguishable. In DiMauro, \u201c[f]our concurrent sentences of six months to five years less one day were imposed. [DiMauro] was given 30 days credit for time served in an in-patient treatment program and the remainder of his sentence was to be served at home subject to electronic monitoring.\u201d Id. at 130, 642 A.2d at 508. DiMauro was sentenced after pleading guilty to four counts of aggravated assault which was, like sexual assault, an offense which rendered DiMauro ineligible for intermediate punishment under 42 Pa.C.S.A. \u00a7 9729 (repealed), the then-applicable statutory provision relating to intermediate punishment, and the predecessor of 42 Pa.C.S.A. \u00a7\u00a7 9802 and 9804. Because we concluded that DiMauro was not eligible for intermediate punishment under 42 Pa.C.S.A. \u00a7 9729, we vacated the judgment of sentence and remanded for resentencing. \u00b6 13 Although the Commonwealth contends that DiMauro is indistinguishable from the present case, a review of the DiMauro opinion reveals that the term \u201cparole\u201d is not even mentioned. As such, there is no indication that DiMauro was given a sentence of total confinement and then paroled to house arrest, as was done here. From the history provided in DiMauro, we must assume that, rather than imposing a sentence of total confinement and then paroling DiMauro, the court directly imposed a sentence of house arrest, a form of intermediate punishment which was clearly prohibited under Section 9729. Thus, in this admittedly technical but nonetheless dispositive fashion, DiMauro is distinguishable from the facts of the present case. \u00b6 14 In its reply brief, the Commonwealth seemingly acknowledges that the court's sentence, literally read, imposed a sentence of total confinement, but that the court then granted McIntosh immediate parole. (See Commonwealth's Reply Brief at 12 (\u201cThe lower court, while purporting to impose an eleven and one-half to twenty-three month sentence, in reality sentenced defendant to intermediate punishment 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 5/27 by immediately paroling him to house arrest with electronic monitoring.\u201d).) The Commonwealth then proffers an argument that invites us to look behind the literal words and actions of the court in imposing a sentence of total confinement and then granting parole and to consider instead the net effect of the court's actions vis-\u00e0-vis McIntosh-immediately placing him on house arrest. The Commonwealth contends that justifying the court's approach would involve \u201cnothing more than semantics,\u201d arguing that \u201cthe lower court could not avoid the clear legislative proscription against placing a defendant convicted of sexual assault on house arrest by simply playing word games.\u201d (Commonwealth's Reply Brief at 12.) We understand the Commonwealth's frustration with the court's actions which seem patently designed to avoid the proscriptions set forth in 42 Pa.C.S.A. \u00a7 9804. Additionally, we would not disagree that the difference appears to be mostly a semantic one. However, we are aware of no authority which allows us to ignore the pronouncement of the court and, in effect, call a spade a heart. Absent such authority, we believe we are bound to find no illegality in the trial court's literal sentence. \u00b6 15 Moreover, disregarding the pronouncement of the court and recasting the court's words and actions would invite a whole different set of problems. If it were deemed impermissible for the court to grant parole on a sentence under its supervision immediately after imposition of the sentence, would the court be empowered to grant parole in two weeks? 7 month? Six months? At what point would the court's granting of parole prior to the expiration of the minimum sentence turn a permissible sentence of total confinement into an impermissible sentence of intermediate punishment? In sum, we conclude this Court is not empowered to disregard what the court states is its sentence and look to the net effect of its actions.8 Accordingly, we must reject the Commonwealth's contention that McIntosh's sentence was illegal. \u00b6 16 In its second issue, the Commonwealth contends that the sentencing court abused its discretion in imposing an \u201cexcessively lenient sentence of house arrest and probation for the crime of sexual assault\u201d and provided \u201cinadequate and improper reasons for its sentence.\u201d (Commonwealth's Brief at 5.) Preliminarily, we note that sentencing is a matter vested in the sound discretion of the sentencing judge, whose judgment will not be disturbed absent an abuse of discretion. Commonwealth v. Ritchey, 779 A.2d 1183, 1185 (Pa.Super.2001). Where an appellant challenges the discretionary aspects of a sentence, as in the instant case, there is no automatic right to appeal and an appellant's appeal should be considered a petition for allowance of appeal. Id. Before a challenge to a judgment of sentence will be heard on the merits, an appellant first must set forth in its brief a concise statement of the reasons relied upon for allowance of appeal with respect to the discretionary aspects of the sentence. Id. The Commonwealth has complied with this requirement. \u00b6 17 In addition, an appellant must show that there is a substantial question as to whether the imposed sentence was inappropriate under the Sentencing Code. See id.; 42 Pa.C.S.A. \u00a7 9781(b). Whether an issue raises a substantial question is a determination that must be made on a case-by-case basis; however, in order to establish a substantial question, the appellant generally must establish that the 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 6/27 sentencing court's actions either were inconsistent with a specific provision of the Sentencing Code or contrary to the fundamental norms which underlie the sentencing process. Ritchey, 779 A.2d at 1185. \u00b6 18 Here, as with its first issue, the Commonwealth's argument that the sentencing court imposed an excessively lenient sentence centers on its characterization of McIntosh's sentence as one of house arrest and probation, when in fact the sentence imposed, as we have explained above, was imprisonment of 11 1/212 to 23 months, plus probation, and then immediate parole. Nonetheless, we conclude that the Commonwealth suitably asserts as error, and as substantial questions justifying allowance of appeal from the discretionary aspects of McIntosh's sentence, the sentencing court's failure to place on the record its reasons for departing from the sentencing guidelines, see Commonwealth v. Rodda, 723 A.2d 212, 214 (Pa.Super.1999) (en banc ) (assertion that the sentencing court did not provide sufficient reasons for imposing sentence outside of the sentencing guidelines raised substantial question), and its reliance on impermissible factors, see Commonwealth v. Kraft, 737 A.2d 755, 757 (Pa.Super.1999) (claim that sentence is excessive because trial court relied on impermissible factor raises substantial question). These two claims are preserved in the Commonwealth's concise statement of the reasons relied upon for allowance of appeal with respect to the discretionary aspects of the sentence, see Pa.R.A.P. 2119(f); and so we will review them.9 \u00b6 19 Under the sentencing guidelines, the recommended minimum sentence for McIntosh was 36-54 months imprisonment in the standard range, 24-36 months imprisonment in the mitigated range, and 54- 66 months imprisonment in the aggravated range. At the sentencing hearing, although the court was presented with arguments from defense counsel and counsel for the Commonwealth regarding the standard, mitigated, and aggravated sentence ranges for McIntosh's offense under the sentencing guidelines, in imposing sentence, the sentencing court never indicated its awareness of the sentencing guidelines-in particular, the court did not indicate it was cognizant that the sentence imposed was a departure from the sentencing guidelines, or, indeed, was significantly below the mitigated range.10 Moreover, and as a result, the sentencing court provided no justification for why a downward departure from the guidelines was appropriate (or even, for that matter, why a mitigated range sentence would have been justified). The Sentencing Code provides: In every case where the court imposes a sentence outside the sentencing guidelines adopted by the Pennsylvania Commission on Sentencing pursuant to section 2154 (relating to adoption of guidelines for sentencing) and made effective pursuant to section 2155, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines. Failure to comply shall be grounds for vacating the sentence and resentencing the defendant. 42 Pa.C.S.A. \u00a7 9721(b) (emphasis added). For this reason, the judgment of sentence must be vacated and McIntosh resentenced.11 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 7/27 \u00b6 20 Moreover, after reviewing the reasons provided by the sentencing court for its sentence in its 1925(a) opinion, we agree with the Commonwealth that these reasons are insufficient to justify the sentence, and, in part, rely on impermissible factors.12 departure from the guidelines should not be based on the sentencing court's conclusion that the guideline range is either too harsh or too lenient, but rather, departure should be based upon the conclusion that the conduct underlying the crime in question differed from the conduct typically associated with that crime so as to render the suggested punishment inappropriate for the particularized facts of the case. Commonwealth v. Kleinicke, 895 A.2d 562, 589 (Pa.Super.2006). The sentencing court wholly failed to explain how the sexual assault in this crime differed from the typical sexual assault. \u00b6 21 Also, in several respects the sentencing court relied on improper factors or mischaracterizations of the record in fashioning its sentence.13 14 First, the sentencing court, in its 1925(a) opinion, found justification for its sentence by comparing the sentence in this case with the sentences in four cases the sentencing court found to be similar, each involving negotiated pleas to sexual assault and related crimes. (See Trial Court Opinion, 5/24/05, at 19-23.) As the Commonwealth points out, however, this Court has criticized just such analogizing as unreasonable. See Commonwealth v. Celestin, 825 A.2d 670, 680 (Pa.Super.2003) (in rejecting such comparisons as unreasonable, noting that \u201ca sentencing court in one case cannot possibly know all of the various considerations and factors underlying a negotiated plea in another case\u201d). \u00b6 22 Next, the sentencing court, apparently in justification of a more lenient sentence, noted that incarceration would be a hardship for McIntosh's family because they were financially dependent on him. (Trial Court Opinion, 5/24/05, at 15, 18.) As the Commonwealth notes, however, the pre-sentence report indicates that, at that time, McIntosh was unemployed and had no employment prospects. (Pre- Sentence Report, 2/22/05.) \u00b6 23 Most critically, however, and of the greatest concern to this Court, the sentencing court erroneously cast McIntosh's conduct, not as criminal, but as simple \u201cbad judgment\u201d (N.T. Sentencing, 3/2/05, at 114), as \u201cinappropriate\u201d (Trial Court Opinion, 5/24/05, at 13), as a \u201cmistake of judgment\u201d (id. at 12-13), and as \u201cpoor judgment, and dishonorable behavior\u201d (id. at 14). Ignoring the factual basis for McIntosh's plea to the crime of sexual assault, the court stated that \u201c[t]here is a possibility that the defendant's conduct, while morally wrong, was a mistake of judgment as to the desires of the complainant.\u201d (Id. at 12-13.) Having reviewed the plea colloquy (see N.T. Plea Hearing, 12/1/04, at 13-20), we conclude that there is no basis for these characterizations.15 Moreover, perhaps as a result of these mischaracterizations, the court found that \u201cprobably the biggest loss of all\u201d from McIntosh's conduct was not its obvious detrimental effect on the victim, but on the friendship and relationship between the families involved. (N.T. Sentencing, 3/2/05, at 115-16.) 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 8/27 \u00b6 24 The sentencing court was also, at times, oddly deferential to McIntosh. At the plea colloquy, for example, the court explained to McIntosh that he need not be worried about being seen by the public: \u201cI've excused [the jury] so you didn't have to walk out there. Nobody of that group has to ever see you. The courtroom is clear. It's as if you and your lawyers were sitting and talking. I'll have your paperwork ready. Your lawyers can take you if you want.\u201d (N.T. Plea Hearing, 12/1/04, at 30.) Moreover, and most significantly, the sentencing court's concern for McIntosh's rehabilitative needs, in our view, vastly outweighed the court's consideration of society's, and the victim's, need for the imposition of a punishment commensurate with the seriousness of the crime committed by McIntosh. \u00b6 25 Indeed, we find that the tenor of the sentencing hearing as a whole reveals that the sentencing court treated McIntosh, who was 52 years-of-age, less as a criminal than as a school boy requiring direction and supervision. (See, e.g., N.T. Sentencing, 3/2/05, at 117 do not believe you have to be warehoused think you just have to be directed in the right direction. You have to have someone like me for twelve years over your head.\u201d).) The court also indicated its opinion that McIntosh had suffered enough: \u201c[T]he defendant has also suffered punishment in the fact that he has lost his job and his reputation has been damaged significantly.\u201d (Trial Court Opinion, 5/24/05, at 16.) We find that the sentencing court failed to properly treat McIntosh's admitted criminal conduct as the very serious crime that it is, sexual assault. See Celestin, 825 A.2d at 681 (\u201cThe Pennsylvania Commission on Sentencing has assigned the offense of sexual assault to Level 5 of the sentencing guidelines, placing it in the same category as murder, voluntary manslaughter, rape, robbery, aggravated assault, kidnapping and arson.\u201d) \u00b6 26 Accordingly, based on its later-stated reasons for its sentence and its characterizations of McIntosh's conduct, we find the sentencing court's reasoning erroneous and its sentence, constituting a severe downward departure from the sentencing guidelines, unreasonable. Accordingly, on this additional basis, we vacate the judgment of sentence and remand for resentencing. See Kleinicke, 895 A.2d at 589 (noting that where \u201cthe reasons offered for the departure [from the sentencing guidelines] do not appear reasonable to this Court, the sentence will be vacated and the case remanded for resentencing\u201d). \u00b6 27 Furthermore, in consideration of the expressions of the sentencing court that, in our view, depreciated the seriousness of the crime, disregarded the psychological harm suffered by the victim, may have inappropriately given rise to a more lenient sentence, and indicated an inappropriate deference by the sentencing court to McIntosh, we instruct on remand that the case be reassigned to another judge for resentencing.16 See In re R.W., 855 A.2d 107, 112 n. 3 (Pa.Super.2004) ( \u201cAssignment to a different judge on remand is appropriate when the judge's actions below demonstrated a degree of bias, capricious disbelief, or prejudgment such as to raise doubts as to his or her ability to preside objectively and fairly upon remand.\u201d (internal quotation marks omitted)). 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 9/27 \u00b6 28 Accordingly, for the foregoing reasons, McIntosh's judgment of sentenced is reversed and the case is remanded for resentencing before another judge of the Court of Common Pleas of Philadelphia County. \u00b6 29 Judgment of sentence REVERSED. Motion to quash DENIED. Case for resentencing. Jurisdiction RELINQUISHED. \u00b6 1 While agree with the Majority's disposition of the Commonwealth's first issue cannot agree with the Majority's disposition as to the Commonwealth's second issue, nor the ultimate granting of relief. Thus dissent from that portion of the Majority's Opinion. \u00b6 2 Before addressing the basis of my Dissent from the Majority's disposition must state that agree with the Majority to the extent that they find an abuse of sentencing discretion. Indeed would go further and argue that the court further abused its parole authority. Given the crime to which Appellee pled nolo contedere, the sentence of 11 1/212 to 23 months seems to have been inordinately \u201clight,\u201d even if Appellant were to serve the entire sentence in the county jail. Moreover, in my opinion, this sentence was not justified by the explanations provided by the court. As such, in my opinion, the principle enunciated in Commonwealth v. Walls, 846 A.2d 152, (Pa.Super.2004), would compel vacation of the instant sentence. However, if a sentence of 11 1/212 to 23 months appears inadequate for the crime committed, then the fact that Appellee was immediately paroled to house arrest, limiting his time in county prison to one day, seems unconscionable. Unfortunately, the exercise of parole authority is a matter that has not been seen as fit for appellate review leaving that decision immune from disruption, which brings us back to the matter that was actually appealed and is within our purview. \u00b6 3 The above viewpoint on Appellee's sentence aside believe that in the present appeal we are constrained to affirm the judgment of sentence because the Commonwealth has either badly comprehended the present case and misdirected its argument toward a sentence that was not in fact imposed, or the Commonwealth has made a tactical decision to challenge the net effect of the sentence imposed and recast it into its practical effect rather than to attack its legal character. As the Majority's very fine analysis of the Commonwealth's first issue reveals, Appellee was sentenced to a term of imprisonment of 11 1/212 to 23 months' imprisonment. Despite the contentions and arguments of the Commonwealth, Appellee was not sentenced to house arrest and probation.17 The Commonwealth was certainly free to contend, as they did, that Appellee was not sentenced to house arrest and probation and to build its two arguments around this premise. They were also free to play it safe and argue in the alternative. However, having argued that Appellee was sentenced to house arrest and probation, and having failed to argue in the alternative, the Commonwealth has set the parameters of our appellate review and believe we are bound by the parameters so set. \u00b6 4 Before delving into the various reasons why believe we are precluded from granting relief on the basis or bases relied upon by the Majority, let me first say that while do not believe, that in determining 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 10/27 the merit of an issue properly raised, we are limited by the exact argument offered by the appellant do believe we are limited to the issues properly raised by the parties.18 As understand the strictures of appellate review, an \u201cissue\u201d is essentially the specific legal/factual basis for the granting of relief. In contrast, the argument is the detailed rationale asserting why the legal basis in question compels the granting of relief by the appellate court. Thus, while we may not be constrained to the exact argument proffered by the parties in determining whether a legal issue has merit, we are constrained by the legal basis properly set forth by the appealing party. \u00b6 5 In raising an issue, our law indicates that an issue should be set forth with sufficient specificity as to understand the contention of error being asserted. For instance, consider a contention that the court abused its discretion in failing to admit a hearsay statement. Standing alone, this issue would likely be waived for failing to assert a sufficient basis for relief as the stated basis is non-specific. However, a contention that the court erred in failing to admit a hearsay statement because the statement was a statement against interest would suffice. Nevertheless, in the above example, the fact that a litigant argued that the court erred in failing to admit a hearsay statement because the statement was a statement against interest would not entitle us to reverse the court's decision because we concluded that the statement was an excited utterance after concluding that the statement was not a statement against interest. That is, it would be incumbent upon the appellant to assert each hearsay exception he believed applied. The mere recitation of one exception would not provide us license to review the entire catalogue of hearsay exceptions to see if one applied and to then grant relief after finding one that had merit. \u00b6 6 Notwithstanding the above concept of the term \u201cissue,\u201d there are times where an issue raised is based upon a certain factual contention that is so essential to the argument that the factual contention must be perceived as defining the issue before the Court as much as does the legal concept in question. For instance, if the tables were turned and had a criminal defendant been given a five to 10 year sentence but argued on appeal that the court's sentence of 20 to 40 years' imprisonment was excessive and an abuse of discretion, would we overlook the error and review the propriety of the five to 10 year sentence, or would we find this argument without merit as being inherently flawed as a result of the faulty premise contained within the argument believe the correct disposition would be the latter option and believe that stance must be taken here. \u00b6 7 Based upon the above principles, at a fundamental level, any review of the propriety of a sentence of 11 1/212 to 23 months' imprisonment should be deemed improper due to the simple fact that the Commonwealth never argued that the imposition of a sentence of 11 1/212 to 23 months constituted an abuse of discretion. The Commonwealth quite plainly raised an issue to this Court, and simply stated, it was not that a sentence of 11 1/212 to 23 months' imprisonment was excessively lenient and was the result of an abuse of discretion. Rather, the issue raised and the argument presented was that the 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 11/27 sentencing court's sentence of house arrest and probation constituted an abuse of discretion. The Statement of Questions Presented reads: Did the lower court abuse its discretion by unreasonably deviating from the Sentencing Guidelines by imposing an excessively lenient sentence of house arrest and probation for the crime of sexual assault, a second degree felony, where the guidelines even in the mitigated range recommended incarceration in a state prison, and the court provided inadequate and improper reasons for its sentence? Commonwealth's Brief at 5 (emphasis added). The heading on the argument section correlating to the Commonwealth's second issue reads: The sentencing court abused its discretion by unreasonably deviating from the sentencing guidelines to impose a sentence of house arrest and probation for felony sexual assault where the court failed to even acknowledge on the record that it was deviating from the guidelines and its subsequent opinion makes clear that the sentence was based upon several impermissible factors. Id. (emphasis added). In case the point requires more support, the opening sentence in the Commonwealth's Pa.R.A.P. 2119(f) statement of reasons relied upon for review of discretionary aspects of sentencing states: Even aside from the illegality of defendant's sentence, the sentencing court abused its discretion by imposing an excessively lenient sentence of house arrest and probation for a second degree felony sexual assault. Commonwealth's Brief at 17. \u00b6 8 Thus, in numerous places where the Rules of Appellate Procedure indicate that an issue is to be defined, the Commonwealth has steadfastly argued that the court abused its discretion in imposing a sentence of house arrest and probation. This resoluteness of position should bar a review of the sentence actually imposed, a sentence of 11 1/212 to 23 months' imprisonment, as the Commonwealth has failed to explain how a sentence of 11 1/212 to 23 months' imprisonment constituted an abuse of discretion. Since the Commonwealth has not asserted that the sentence actually imposed was the result of an abuse of discretion, reviewing the 11 1/212 to 23 month sentence for an abuse of discretion results from this Court's overstepping its bounds and addressing an issue not before us. \u00b6 9 The Commonwealth's error or tactical choice in framing its issue and argument has not escaped the Majority. Indeed, the Majority acknowledges that the Commonwealth's argument erroneously \u201ccenters on its characterization of McIntosh's sentence as one of house arrest and probation, when in fact the sentence imposed, \u2024 was imprisonment of 11 1/212 to 23 months, plus probation, and then immediate parole.\u201d Majority Opinion at 520. In contrast to my position, the Majority deferentially overlooks the fact that the Commonwealth has misdirected its argument and, indeed, vacates the trial court's sentence 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 12/27 by culling and developing an argument from the Commonwealth's Brief that should, with fair application of the rules of issue preservation, have been found waived on any number of several grounds simply cannot join with the Majority in \u201csaving\u201d the Commonwealth's appeal in this fashion, even if there were issues not raised or argued that have underlying merit. \u00b6 10 Although the Majority appears to concede that the Commonwealth has misdirected its argument to a sentence that was not in fact imposed, the Majority concludes that two claims were \u201csuitably asserted.\u201d Majority Opinion at 520. These two claims are: (1) that the sentencing court failed to place on the record its reasons for departing from the sentencing guidelines, and (2) that the court relied upon impermissible factors in imposing the sentence in question.19 Id. For the reasons that follow, neither of these two claims should be deemed a matter that was properly raised to this Court. \u00b6 11 In the first instance, the contention that the Commonwealth raised, as an independent basis for relief, a claim that the sentencing court failed to place on the record its reasons for departing from the sentencing guidelines or a claim that the sentencing court relied upon impermissible factors in imposing sentence should be dispelled by reviewing the statement of questions presented quoted above. The statement of question presented does not mention that the court relied upon impermissible factors, indeed the term \u201cimpermissible factors\u201d can be nowhere found. Similarly, the statement of questions does not assert that the court failed to acknowledge the guideline ranges and/or state its reasons for departing from the guidelines on the record. The issue as framed in the statement of questions presented clearly asserts that the court abused its discretion in imposing an excessively lenient sentence of house arrest and probation and that the court provided inadequate reasons for imposing a sentence of house arrest and probation. Pa.R.A.P. 2116 reads: Rule 2116. Statement of Questions Involved (a) General rule. The statement of the questions involved must state the question or questions in the briefest and most general terms, without names, dates, amounts or particulars of any kind. It should not ordinarily exceed 15 lines, must never exceed one page, and must always be on a separate page, without any other matter appearing thereon. This rule is to be considered in the highest degree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested thereby. (Emphasis added). The Majority overlooks the fact that these two claims were not included in the statement of questions involved and finds them suitably asserted because they were thrown, kitchen- sink style, in the Commonwealth's argument 20 supporting its primary assertion which, of course, was that the court abused its discretion in imposing an excessively lenient sentence of house arrest and probation. As such, the \u201cclaim\u201d the Majority relies upon in proceeding through the door of judicial 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 13/27 review, even if explicitly or implicitly argued in the argument section of the Commonwealth's Brief, should be found inadequately raised in the Commonwealth's Brief and, therefore, not properly before us. \u00b6 12 Aside from the above defect, a greater obstacle is found in the fact that neither of these two claims was raised to the sentencing court below. The Majority does not contend that the two claims were raised below, and for good reason. Neither can be found to have been independently raised in the Commonwealth's motion for reconsideration of sentence, nor was either asserted orally at sentencing after sentence was imposed. The Commonwealth's motion for reconsideration is an expansive document of some 15 pages that contains several pages of factual recap followed by several pages of legal argument. The document does not specifically set forth an assertion of the individual claims of error committed by the court in imposing sentence, although, like its brief to this court, the argument section begins with the assertion that the sentencing court's sentence \u201cis excessively lenient and unreasonably deviated from the sentencing guidelines.\u201d Commonwealth's Motion for Reconsideration of Sentence, at 11. This introductory sentence is then followed with several pages of argument supporting this general assertion of error. Nowhere in this document does the Commonwealth assert that the court erred in relying upon impermissible factors in sentencing or erred in deviating from the guidelines without stating its reasons on the record for the deviation. Where an issue argued on appeal is not raised orally at sentencing or set forth in a motion for reconsideration of sentence, it must be deemed waived on appeal. See Commonwealth v. Lawson, 437 Pa.Super. 521, 650 A.2d 876 (1994) (claim that the court, through the sentence imposed, punished him for his \u201cintransigence\u201d in proceeding to trial was found waived for failing to include it in a motion to reconsider sentence.). As such, the only issue preserved for appellate review in the post-sentence motion, particularly with respect to the discretionary aspects of sentencing, is that the court abused its discretion in imposing an excessively lenient sentence. \u00b6 13 As a final point on waiver would find that the two issues/claims the Majority contends have been properly preserved should be found waived for failure to include them in the Commonwealth's Rule 1925 statement. The Commonwealth's Rule 1925 statement states quite succinctly: Did the lower court err and abuse its discretion in unreasonably sentencing the defendant, outside the guidelines, for the reasons stated in the Commonwealth's Motion for Reconsideration of Sentence filed March 4, 2005? \u00b6 14 would contend that the fact that the issues were not set forth specifically would be a sufficient basis for finding a violation of Commonwealth v. Lord, 553 Pa. 415, 719 A.2d 306 (1998), and its progeny. That is would find that a litigant cannot incorporate by referring to a 15 page document. Allowing such a satisfaction of Rule 1925 does not pinpoint the issues that the Commonwealth intends to pursue on appeal, which is the primary reason for the rule's existence. Nevertheless, even if we allow the inclusion by reference to the motion to reconsider sentence, as discussed above, the issues the 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 14/27 Majority finds sufficiently raised on appeal were not set forth in the motion for reconsideration. Thus, neither of the issues in question were included in the Commonwealth's Rule 1925 statement. \u00b6 15 No mention is made of the Commonwealth's 1925 statement in the Majority's Opinion would surmise that the Majority treats the 1925/Lord issue as a non-issue due to the fact that even though a 1925 statement was filed, the court never ruled the Commonwealth to file a 1925 statement. There is a very good reason that the court did not rule the Commonwealth to file a 1925 statement. The Commonwealth, in preemptive fashion, voluntarily filed a 1925 statement the very day it filed its notice of appeal. The effect of this \u201cearly filing\u201d was predictable, the court, having received a 1925 statement did not bother to rule the Commonwealth to file a document it had already filed. \u00b6 16 realize that Pa 1925 and the cases interpreting and/or applying the rule hinge waiver for non- compliance upon a party being ruled to file the statement. See Forest Highlands Cmty. Ass'n v. Hammer, 879 A.2d 223 (Pa.Super.2005). Nevertheless would hold that where a party preemptively files a 1925 statement, the same waiver rules apply and that a party is bound to the issues contained in that statement in the same fashion as one who is ruled to file a 1925 statement. The reason for my stance is illustrated by the present case. As the court did here, it is very likely that a court that receives a 1925 statement prior to ruling the appellant to file such a statement will not bother to do so. If waiver hinges upon being ruled to file the statement in these cases, cagey litigants who \u201cjump the gun\u201d will be freed from the strictures facing other litigants on appeal. To the extent the majority finds the waiver rules of Lord inapplicable here, that is precisely what the net effect will be. Had the Commonwealth filed the 1925 statement it did in response to being ruled to file that statement, the Commonwealth would have been limited to the issues contained therein. Here, the Commonwealth was essentially free to expand upon the issues set forth in its 1925 statement without fear of a finding of waiver. Indeed, the Commonwealth exploited this circumstance here, as the first issue briefed is not set forth in its 1925 statement. The primary rationale for a strict rule of waiver regarding rule 1925 statements is to assure that the trial court has the opportunity to address the claims intended to be asserted on appeal in a written opinion. The trial court's viewpoint on the issue is deemed important in the appellate process. Here, the court did not have an opportunity to weigh in on the issues in question because they were not included in the Commonwealth's 1925 statement do not believe litigants should be allowed to skirt the Lord waiver rules by preemptively filing a 1925 statement and would conclude that only the single issue set forth in the Commonwealth's 1925 statement has been preserved for appellate review. \u00b6 17 Waiver issues aside, and returning to the merits of the Majority's disposition believe the Majority's ultimate disposition is not based upon the issues/claims they find the Commonwealth suitably asserted as error. While, in moving forward to a review of the sentence on the merits, the Majority ostensibly relies upon the contention that the court failed to state its reasons for departing from the guidelines and/or also relied upon impermissible factors in imposing sentence, it is clear that once the Majority conducts that review on the merits, it rejects the sentence, not upon one of those two grounds, but upon 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 15/27 its conclusion that the factors cited do not support the sentence imposed. That is, it bases its ultimate disposition upon an issue other than the one cited as having been suitably asserted. This fact can be deduced from the fact that neither of these two bases would justify the review undertaken by the Majority, nor the relief the Majority ultimately grants. \u00b6 18 With respect to a failure to state reasons on the record for deviating from the guidelines, the obvious reason for requiring the court to state its reasons for departing from the guidelines is so that the decision to depart can be assessed for its reasonableness thereby allowing a determination as to whether or not the court abused its discretion.21 Thus, if the court failed to state its reasons on the record, it would not entitle this Court to assess the reasonableness of the sentence and reject it, as the Majority does here. Rather, a failure to state reasons on the record would compel us to remand the case to the sentencing court so that either a new sentence within the guidelines could be imposed or so that the court could enunciate its reasons for departing from the guidelines should it opt to once again depart from the guidelines. Only then would this Court be in a position to determine the overall reasonableness of the sentence. \u00b6 19 The same logic suggests that should we find that the court relied upon an impermissible factor in sentencing a defendant, the appropriate remedy would be to remand for imposition of a new sentence without regard to the impermissible factor as it would be unclear what sentence would be imposed once the court removed the impermissible factor from consideration. Only the contention that the court's weighing of the various factors led to an unreasonable sentence, i.e., one that was either too harsh or too lenient, would allow the de novo assessment of a suitable sentence as was done here. \u00b6 20 The above point aside, a review of the Majority Opinion reveals that the Majority does not reject the sentence on the basis that an impermissible factor was relied upon. Indeed, in its discussion of the matter in its Opinion, the Majority cites at most, one supposedly \u201cimpermissible factor\u201d the sentencing court relied upon in imposing sentence, the sentencing court's comparison of Appellee's case to other similar cases from Philadelphia County. Majority Opinion at 522. Once the Majority covers this impermissible factor, the Majority then embarks on an overall review of the sentence for its reasonableness. \u00b6 21 That the Majority actually delves beyond the prospect of impermissible factors in conducting its review can be seen by the Majority's discussion after this one cited factor. After indicating that the court's analogizing to other cases was found unreasonable in Commonwealth v. Celestin, 825 A.2d 670 (Pa.Super.2003), the Majority moves on to reject as inaccurate the various factors cited by the court to support its sentence or disagrees that the factors cited justify the sentence imposed. The factors rejected include the sentencing court's reliance upon incarceration creating a hardship to Appellee's family, Majority Opinion at 522, (the Majority concludes that Appellee was currently unemployed), and the sentencing court's characterization of the criminal episode as resulting from poor judgment or a 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 16/27 mistake of judgment. Id. The Majority further disagrees with the court's assertion that the greatest loss from this episode was the destruction of a friendship between the two families and notes, with apparent disapproval, the court's odd and inordinately deferential treatment to Appellee. Id. at 523. The Majority does not contend that any of these factors are impermissible. It merely disagrees with the sentencing court that these factors justify the substantial departure that took place here. \u00b6 22 While would not disagree with the Majority's assessments of the factors the court relied upon in sentencing Appellee, in rejecting the sentence, the Majority in fact concludes that the sentence imposed, 11 1/212 to 23 months' imprisonment, was an unreasonable sentence in light of the circumstances presented, an issue/claim that was not raised and not argued by the Commonwealth and an issue other than the one cited by the Majority as having been suitably asserted. Thus, when one considers the whole of the Majority's decision, it is clear that they have essentially latched upon one supposedly raised claim and used it as an avenue to conduct a review of the sentence in toto, a review that goes far beyond the specific issue they contend was adequately raised. Thus, in practical effect, the Majority simply uses this claim of error to justify its review of the sentence. However, once the Majority passes through the door of appellate review, its scope of review far exceeds the basis cited. \u00b6 23 However, the fact that Majority strays beyond the strictures of the issue deemed properly raised is not the only defect in the Majority's analysis, as it is far from clear that the one cited impermissible factor, referencing other similar cases, actually constitutes an \u201cimpermissible\u201d sentencing factor or that the court actually relied upon this factor in imposing its sentence. \u00b6 24 It should be noted that the sentencing court's reference to other cases was not made contemporaneously with the imposition of sentence, but rather was offered as justification in the trial court's opinion offered in response to the Commonwealth's appeal.22 Thus, it is somewhat dubious to assert that this was a factor the court relied upon in imposing sentence. If the court was thinking of this factor when imposing sentence, the court did not mention it and we have no way of knowing that this was a factor relied upon in imposing sentence. In contrast, if the court offered such a comparison after the fact in arguing that the sentence was a fair exercise of judicial discretion, then this is an entirely different matter. We may disagree with the ultimate judgment of the court, and the arguments supporting its sentence, but it cannot be said that the court relied upon this factor in imposing the sentence under review. \u00b6 25 As for whether the court's reference to other cases in Philadelphia County, where a similar sentence was imposed after plea agreements, constitutes an impermissible factor, the majority cites Celestin, another case where a sentence well below the guidelines was imposed, to disapprove of this practice. Celestin found other cases \u201cirrelevant\u201d to the decision to impose a sentence beneath the guideline ranges and calls comparison to other cases \u201cunreasonable,\u201d in part, because the sentencing court cannot know all the considerations and factors that went into a negotiated plea in another case. While 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 17/27 it may seem like am splitting hairs, an \u201cirrelevant\u201d factor is not the same as an impermissible factor. The term impermissible factor connotes a factor that the sentencing court is prohibited from considering, such as race, sex, religious affiliation or electing a trial over a plea. Therefore, an unreasonable weighing of a legitimate sentencing factor, or even the incorrect belief that an irrelevant factor is relevant to the case at hand, is something completely different than imposing a sentence based upon an impermissible factor. In the present case, there is no indication that Appellee's sentence resulted from reliance upon an impermissible factor. \u00b6 26 In summation, while agree with the Majority that the court imposed an unreasonably lenient sentence and unreasonably deviated from the sentencing guidelines disagree with the Majority that this matter has been properly preserved for appellate review. Rather find that the single issue raised with respect to the discretionary aspects of sentencing is misdirected toward a sentence that was not imposed, relegating this issue fundamentally flawed and, as argued, without merit further find that the Majority has conducted a review that goes far beyond the issue raised. Thus dissent would affirm the judgment of sentence 1. We deny McIntosh's motion to quash the Commonwealth's reply brief. 2. Sexual assault is defined as follows: \u00a7 3124.1. Sexual assaultExcept as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.18 Pa.C.S.A. \u00a7 3124.1. 3. 35 P.S. \u00a7 780-113(a)(16). 4. Although the Commonwealth concedes that it did not raise this challenge below, it asserts, and we agree, that an argument that the sentencing court lacked the statutory authority to impose a sentence of house arrest goes to the legality of sentence, an issue that cannot be waived. See Commonwealth v. Vasquez, 560 Pa. 381, 387, 744 A.2d 1280, 1284 (2000). 5. It is uncontested that a sentence of house arrest is a form of intermediate punishment. 6. See 61 P.S. \u00a7 314. 7. In its reply brief, the Commonwealth raises for the first time the claim that the trial judge's sentence of immediate parole violated 61 P.S. \u00a7 314, which requires, inter alia, that before a convict be paroled, the convict must file a petition for parole, and the Commonwealth must be served with the petition at least 10 days before a required hearing on the petition is held. See 61 P.S. \u00a7 314. The Commonwealth notes that no such petition was filed, nor was the 10-day service requirement adhered 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 18/27 to. However, we conclude that the Commonwealth has waived this issue by failing to raise it below. Unlike the Commonwealth's argument that the court's sentence was illegal as violative of 42 Pa.C.S.A. \u00a7\u00a7 9802 and 9804, see supra note 4, its argument that Section 314 was violated does not attack the legality of the sentence: the Commonwealth is not challenging the power of the court to have granted parole, but, rather, whether the proper procedures were followed. Thus, by failing to object below, we deem the Commonwealth to have waived its argument that the procedural requirements of Section 314 were not followed. See Commonwealth v. Lopata, 754 A.2d 685, 689 (Pa.Super.2000 claim which has not been raised before the trial court cannot be raised for the first time on appeal.\u201d). 8. We further note that there are provisions in our statutory law explicitly prohibiting the granting of parole prior to the expiration of a minimum sentence. See, e.g., 18 Pa.C.S.A. \u00a7 2506 (drug delivery resulting in death); 42 Pa.C.S.A. \u00a7 9717 (sentences for offenses against elderly persons); 42 Pa.C.S.A. \u00a7 9718 (sentences for offenses against infant persons). Illustrative of such statutory language is 35 P.S. \u00a7 780-113, which reads:Prohibited acts; penalties(k) Any person convicted of manufacture of amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, isomers and salts of isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two years of total confinement without probation, parole or work release, notwithstanding any other provision of this act or other statute to the contrary.35 P.S. \u00a7 780-113. Notably, the legislature has not to date chosen to impose such a provision with respect to sexual assault. 9. Although the language in its post-sentence motion is imprecise, we also find that these issues were preserved in that motion. (See Commonwealth's Motion for Reconsideration of Sentence, 3/4/05.) 10. The minimum sentence of 11 1/212 months imprisonment imposed by the trial court was 12 1/212 months shorter than the low end of the mitigated range provided by the sentencing guidelines. 11. The sentencing court's after-the-fact statement in its 1925(a) opinion in justification of its sentence is insufficient to satisfy the mandate of Section 9721(b) that a contemporaneous written statement of the reasons supporting deviation from the guidelines be provided. 12. We are required to vacate a sentence and remand for resentencing if we findthat \u201cthe sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable.\u201d 42 Pa.C.S.A. \u00a7 9781(c)(3). In determining whether a sentence is unreasonable, an appellate court shall have regard for: \u201c(1) The nature and circumstances of the offense and the history and characteristics of the defendant[;] (2) The opportunity of the sentencing court to observe the defendant, including any presentence investigation [;] (3) The findings upon which the sentence was based [; and] (4) The guidelines promulgated by the commission.\u201d 42 Pa.C.S.A. \u00a7 9781(d).Commonwealth v. Celestin, 825 A.2d 670, 676 (Pa.Super.2003). 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 19/27 13. Although the Commonwealth asserts that the sentencing court erroneously relied on McIntosh's lack of a prior record as a mitigating factor, thus double-counting this fact as it is already taken into account in the sentencing guidelines, our reading of its opinion shows that the sentencing court only considered this factor in relation to its probation decision (see Trial Court Opinion, 5/24/05, at 17), which is a proper consideration, see 42 Pa.C.S.A. \u00a7 9722. 14. Contrary to the claims of the Commonwealth that the sentencing court improperly relied on the determination of the Sexual Offenders Assessment Board that McIntosh was not a sexually violent predator in fashioning its sentence (see Commonwealth's Brief at 52-56), this Court has held that a sentencing court may rely on such information as an aid at sentencing. See Commonwealth v. Shugars, 895 A.2d 1270, 1277 (Pa.Super.2006) (rejecting contention that trial court erroneously relied on defendant's categorization as sexually violent predator to aggravate sentence, noting that factors leading to such categorization were proper sentencing considerations). 15. It seems these mischaracterizations led the court to credit McIntosh for what we find to be a meager acceptance of responsibility. (See, e.g., Trial Court Opinion, 5/24/05, at 14 (\u201c[T]he defendant accepted responsibility for his poor judgment, and dishonorable behavior.\u201d).) At the sentencing hearing, McIntosh explained that he now understood how he and the victim \u201cgot backed in this inappropriate situation,\u201d and described his behavior \u201cin that room in those ten minutes in my office\u201d as \u201cdishonorable\u201d and the result of \u201cpoor judgment.\u201d (N.T. Sentencing, 3/2/05, at 110-12.) He added that \u201c[o]n this night did not act as a good husband or father.\u201d (Id. at 111.) As admissions of criminal culpability, we find such expressions utterly lacking. 16. We note the recent per curiam order of our Supreme Court reversing an order of this Court which, inter alia, directed that a different sentencing judge be assigned on remand of the case. See Commonwealth v. Klueber, 904 A.2d 911 (Pa.2006) (per curiam). Without further explanation, our high Court indicated that such a direction was \u201cinappropriate [ ].\u201d Id. at 911. As this aspect of the per curiam order failed to garner the support of a majority of the justices, however, it is nonprecedential. 17. It should now be clear that we are not, as the Commonwealth further contends simply dealing with a matter of semantics. Legally speaking, there is a substantial difference between a sentence of house arrest and probation and a sentence of 11 1/212 to 23 months' imprisonment followed by parole. Because we are not empowered to scrutinize parole decisions for their reasonableness, we are limited to a review of the literal sentence imposed and are forced to wholly disregard the subsequent decision of the court to parole the prisoner. 18. See Kingston Coal Co., v. Felton Mining Co., 456 Pa.Super. 270, 690 A.2d 284 (1997). 19. It is not apparent where the Majority finds these two issues were suitably asserted. The Opinion suggests that they were set forth in the Commonwealth's 2119(f) statement of reasons relied upon on 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 20/27 appeal. In reality, only one of these two issues is arguably asserted therein. The Commonwealth's 2119(f) statement asserts that the court:did not even acknowledge that it was deviating from the Sentencing Guidelines when it sentenced defendant to house arrest and probation \u2024, and provided wholly inadequate reasons on the record to justify such a radical departure from the Guidelines. And, in its subsequent opinion pursuant to Pa.R.A.P. 1925(a), the court belatedly attempted to justify its sentence by improperly double counting factors already taken into consideration under the guidelines (such as defendant's lack of a prior record), and considered other improper factors.Commonwealth's Brief at 17. The Commonwealth, in this passage, notes that the court did not even acknowledge that it was departing from the guidelines. However, it does not assert that the court failed to place its reasons for departing on the record. At the tail end of the quoted passage, the Commonwealth seemingly asserts, without elaboration, that the court considered improper factors. Whether or not this is the same as relying upon impermissible factors might be a matter of debate. Nevertheless am unaware that inclusion within a 2119(f) statement constitutes issue preservation 2119(f) statement represents a plea to this Court to exercise our review function which, in the case of discretionary aspects of sentencing, is not granted as a matter of right. Issue preservation results from, in order, raising the matter to the trial court, assertion in a Rule 1925 statement, when ruled to file one, and inclusion in the statement of questions presented. 20. To be fair, the Commonwealth does assert that the court imposed a sentence outside of the guidelines without stating its reasons for doing so on the record in the argument section of its brief. See Commonwealth's Brief at 32. However, given that the Commonwealth provided some 28 pages of argument, it might be expected that virtually every conceivable basis that could be pursued on appeal was asserted somewhere within those 28 pages. The fact that this basis was pursued within a 28 page argument does not excuse the failure to properly frame the issues under review in the statement of questions presented and to pursue each basis under a separate heading. 21. In Commonwealth v. Chesson, 353 Pa.Super. 255, 509 A.2d 875, 876 (1986), we stated: \u201c[t]he court's statement of reasons for deviating from the guidelines serves not only as a record of the court's rationale for the deviation but also as evidence that the court considered the guidelines. We cannot analyze whether there are adequate reasons for the deviation unless it is first apparent that the court was aware of, and considered, the guidelines.\u201d 22. The Commonwealth recognizes this point as well. The Commonwealth's Brief states: \u201cFurther, several of the reasons the court has belatedly offered to justify its sentence are improper sentencing factors.\u201d Commonwealth Brief at 25 TODD, J.: \u00b6 30 BENDER, J. files a Concurring and Dissenting Opinion. 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 21/27 Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v. McINTOSH (2006) Decided: November 06, 2006 Court: Superior Court of Pennsylvania. 2/27/25, 7:09 v. McINTOSH (2006) | FindLaw 22/27 Need to find an attorney? 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8,292 | Mike DuBose | University of Alabama | [
"8292_101.pdf",
"8292_102.pdf"
] | {"8292_101.pdf": "By By UPDATED: UPDATED: August 10, 2021 at 10:55 August 10, 2021 at 10:55 Alabama reached a $350,000 settlement with an employee who had accused Alabama reached a $350,000 settlement with an employee who had accused head football coach Mike DuBose of sexual harassment. DuBose apologized head football coach Mike DuBose of sexual harassment. DuBose apologized Thursday for embarrassing the university. Thursday for embarrassing the university. An emotional DuBose, reading a brief statement, said he had reached a An emotional DuBose, reading a brief statement, said he had reached a settlement in the case but did not disclose any details. settlement in the case but did not disclose any details. School officials said DuBose\u2019s salary will be cut by $360,000 in the next three School officials said DuBose\u2019s salary will be cut by $360,000 in the next three years, almost the same amount being paid to the university employee who years, almost the same amount being paid to the university employee who filed the complaint against him. filed the complaint against him. \u2013 Florida State was voted the No. 1 team in the preseason Today \u2013 Florida State was voted the No. 1 team in the preseason Today Top 25 coaches poll. Four Big Ten schools wound up in the top 10: Penn State Top 25 coaches poll. Four Big Ten schools wound up in the top 10: Penn State fourth, Michigan seventh, Ohio State ninth and Wisconsin 10th. fourth, Michigan seventh, Ohio State ninth and Wisconsin 10th We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings Allow Dismiss 2/27/25, 7:10 \u2013 Chicago Tribune 1/18 Originally Published: Originally Published: August 6, 1999 at 1:00 August 6, 1999 at 1:00 \u2013 Kahlil Hill, Iowa\u2019s leading receiver and return specialist who was expected to \u2013 Kahlil Hill, Iowa\u2019s leading receiver and return specialist who was expected to play a big role for first-year coach Kirk Ferentz\u2019s Hawkeyes, has been play a big role for first-year coach Kirk Ferentz\u2019s Hawkeyes, has been suspended for the upcoming season for violating unspecified team rules, suspended for the upcoming season for violating unspecified team rules, Ferentz said. Ferentz said. \u2013 The Division board of directors decided there is \u201cno compelling \u2013 The Division board of directors decided there is \u201cno compelling reason\u201d to change Proposition 16 requirements on freshman eligibility reason\u201d to change Proposition 16 requirements on freshman eligibility pending a federal court challenge. pending a federal court challenge. Boxing: Mike Tyson will make his latest comeback against Buster Douglas on Boxing: Mike Tyson will make his latest comeback against Buster Douglas on Oct. 2 at the Grand Garden, according to several sources even though Oct. 2 at the Grand Garden, according to several sources even though Tyson promoter Dan Goossen denied a deal had been struck. Tyson promoter Dan Goossen denied a deal had been struck. Around the Web Around the Web Read More Read More 00:00 00:00 02:40 02:40 We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 2/18 An Advanced Research Tool An Advanced Research Tool Ethereal Search Engine Ethereal Search Engine 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 3/18 The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 4/18 Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game Access Low-interest Funds Access Low-interest Funds for Home Renovations for Home Renovations Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 5/18 Tired of Cleaning out Your Gutters? Tired of Cleaning out Your Gutters? Get a Quote Today! Get a Quote Today! 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 6/18 Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home Should You Buy an Electric Car? Should You Buy an Electric Car? We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 7/18 Find Local and Heating Repair Find Local and Heating Repair Services Services Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 8/18 Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home Unbox a Monthly Surprise of Fun for Unbox a Monthly Surprise of Fun for You and Your Pup! You and Your Pup! The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 9/18 What You Need to Know About Car What You Need to Know About Car Loans Loans 9 Kinds of Ancestors You Could Find 9 Kinds of Ancestors You Could Find on Your Family Tree on Your Family Tree How Long Does $1 Million Last After How Long Does $1 Million Last After 60? 60? We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 10/18 Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! What You Need to Know About Car What You Need to Know About Car Loans Loans We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 11/18 How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? Find Local and Heating Repair Find Local and Heating Repair Services Services Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 12/18 Access Low-interest Funds Access Low-interest Funds for Home Renovations for Home Renovations The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 13/18 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging Should You Buy an Electric Car? Should You Buy an Electric Car? We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 14/18 Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes Tired of Cleaning out Your Gutters? Tired of Cleaning out Your Gutters? Get a Quote Today! Get a Quote Today! We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 15/18 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 16/18 Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 17/18 1999 1999 \ue907 \ue907August August \ue907 \ue90766 We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings 2/27/25, 7:10 \u2013 Chicago Tribune 18/18", "8292_102.pdf": "80e0-723505280f92.html Coach controversy at Alabama not over yet Darren Ivy is a senior news-editorial major and a Daily Nebraskan senior staff writer. Oct. 7, 1999 It is always nice to see the underdog win, especially if the favored team is Florida.However, after Alabama's 40-39 upset in the swamp Saturday soon learned there was a dark side to Alabama Coach Mike Dubose. Prior to the game have to admit was vaguely familiar with his situation.After doing some research on Dubose became greatly troubled about some post- game comments. After the game, Dubose had the nerve to say, \"We have made mistakes here 2/27/25, 7:10 Coach controversy at Alabama not over yet | | dailynebraskan.com 1/3 but feel the team is going in the right direction.\" Excuse me Mike, you made the mistake, not anyone else on your team.In May, Dubose lied to school administrators about a personal relationship with his secretary. In August, this same woman filed sexual harassment charges against Dubose, and the school settled the case with the woman.Uh oh! Explain this little screw- up to the higher-ups at Alabama. Dubose did, and University of Alabama President Andrew Sorensen and Athletic Director Bob Bockrath basically put Dubose on probation and kept him as coach.Alabama cut two years and $360,000 from his newly signed five-year contract. If any more negative reports about his private life were brought forward, he would be asked to resign think they dropped the ball on this decision think it's a case of that good-ol'-boy love amongst members of an athletic department and university officials at football powerhouses.Last week, the school made its first right decision in months firing Bockrath for the way he handled the situation hope Dubose is next.Rather than releasing Dubose and appointing a temporary head coach immediately, the university chose to pay off the alleged victim with taxpayers' money over three years. Obviously, the $360,000 meant more to the university than the integrity of the football program or even its good name.Every time Alabama plays on television, there will be mention of the decision to keep a football coach who sexually harassed his secretary. This doesn't sound like a school would want to attend.Even if a football player wanted to go there, Dubose lacks credibility, and this lack of credibility is sure to be used against him by his recruiting competition. Try going into a good Christian family and telling them you will be a role model for their son don't think so, Mike.But before you go and make judgments about the University of Alabama, there are some concerned people. Many members of the board of trustees wanted to fire Dubose. But legally their hands were tied. The board couldn't overturn the decision of the president and the athletic director to keep Dubose in the wake of the \"mistake\" he \"misled\" everyone about, even if it wanted to.But make no mistake. There were board members who wanted to. There were board members who, call them crazy, wanted to dismiss an employee who lied to his superiors and brought great shame upon his employer.Then, after the board of trustees meeting on Aug. 12, Sorensen said he did not know \"for sure\" if he still could trust Dubose to abide by rules. \"That does make it difficult,\" he said.The president isn't sure the head coach won't cheat. The president is sure the head coach lied. And the president still didn't fire him.What does that say about the president? About the head coach? About the entire university? It says what the board of trustees meeting said in not so many words: It ain't over till it's over. And this ain't necessarily done.Hopefully, Alabama's board of trustees will do what should have been done before the season and fire Mike Dubose. Let's hope the upset win over the Gators doesn't save his job. He doesn't deserve to be a head coach. 2/27/25, 7:10 Coach controversy at Alabama not over yet | | dailynebraskan.com 2/3 2/27/25, 7:10 Coach controversy at Alabama not over yet | | dailynebraskan.com 3/3"} |
7,830 | Bradley J. Holliday | University of Texas – Austin | [
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] | {"7830_101.pdf": "Computer chief, chemistry prof quit amid sexual misconduct inquiries Ralph K.M. Haurwitz,Ryan Autullo [email protected] Published 11:01 p.m Dec. 28, 2017 Updated 3:03 p.m Sept. 25, 2018 When Jay Boisseau abruptly resigned in 2014 after 12 years of building the University of Texas\u2019 supercomputing center into an international powerhouse, school officials gave no reason for his departure. The university made no public announcement when Bradley J. Holliday, a tenured chemistry professor, quit in 2016. Records obtained by the American-Statesman under the Texas Public Information Act show that both men stepped down shortly after officials informed them that they had been accused of sexual misconduct. In the case of Boisseau, the university paid his accuser, a subordinate at UT\u2019s Texas Advanced Computing Center, $325,000 to settle her claims. Higher education hasn\u2019t been immune from the national reckoning over sexual misconduct that has embroiled figures in Hollywood, the media, Congress and other spheres of American life. Allegations of misconduct by faculty members or administrators have surfaced at numerous colleges and universities, including the University of Virginia, Boston University, the University of Rochester, Stanford University, Columbia University and Dartmouth College. At UT, members of the governing board, much less the public, didn\u2019t learn about a consensual relationship that assistant football coach Major Applewhite had with a student trainer on a team bowl game trip after the 2008 season until The Daily Texan student newspaper wrote about it in 2013. Applewhite, who was ordered to undergo counseling and later promoted, is now head coach at the University of Houston. On the other hand announced in November 2012 that it was putting track coach Bev Kearney on paid leave after learning she had a romantic relationship with one of her athletes that began in 2002 and ended in 2003. Kearney subsequently quit under threat of being 2/27/25, 7:11 Computer chief, chemistry prof quit amid sexual misconduct inquiries 1/5 fired. Kearney, who is black, claims sex and race discrimination in an ongoing lawsuit against the university. \u201cRecent, high-profile revelations of sexual misconduct continue to raise important questions, including how and when organizations publicly announce incidents of misconduct spokesman J.B. Bird said. \u201cLike many organizations has not traditionally made public announcements about individual cases. The university will be looking into whether to change this approach officials said the school\u2019s investigators concluded twice during the 2015-16 academic year and seven times during the 2016-17 academic year that a faculty or staff member had violated the school\u2019s policies on sexual misconduct or inappropriate consensual relationships. The Statesman on Dec. 20 filed an open records request for details on all such findings in the past five years. The paper has not received documents related to the request sudden fall from grace UT\u2019s computing center soared to international prominence under Boisseau, who secured tens of millions of dollars in federal grants for a succession of computer systems with Texas- centric names like Stampede, Ranger and Lonestar. He received glowing reviews and healthy raises from top university officials for his work as director of the computing center, eventually making $272,760 a year, records show. Everything began to change on Dec. 19, 2013. That\u2019s when officials interviewed a woman employed at the computing center after receiving an anonymous complaint, according to UT\u2019s \u201csummary of investigation.\u201d The woman, identified in the summary as Employee 1, disclosed that she had been in a relationship with Boisseau, identified as Employee 2. On Jan. 7, 2014, her lawyer sent a letter to alleging sexual harassment, sexual misconduct and retaliation. \u201cThe complaint alleged that (Boisseau) had engaged in a series of electronic, verbal and physical acts of sexual harassment that had occurred off and on throughout the duration of her employment,\u201d UT\u2019s summary said. She also alleged that he \u201cretaliated against her by approving a change in position and salary reduction after she rebuffed his sexual advances policy prohibits consensual relationships between a supervisor and a lower-ranking employee unless the relationship is immediately reported by the supervisor and a mitigation plan is developed to provide another way of overseeing the employee to avoid a conflict of interest, potential for exploitation and favoritism. 2/27/25, 7:11 Computer chief, chemistry prof quit amid sexual misconduct inquiries 2/5 placed the woman on paid administrative leave at her request. Boisseau was put on paid administrative leave Jan. 8, 2014, and resigned two days later continued its investigation for several months, interviewing nine people to assess the woman\u2019s allegations few said she had complained to them that he was harassing her. \u201cNone of the witnesses had first-hand evidence that (Boisseau) had engaged in sexual misconduct or sexually harassed (the woman),\u201d the summary said. \u201cThe University\u2019s investigators concluded that there was compelling evidence to indicate that certain University policies had been violated.\u201d The summary and other records obtained by the Statesman didn\u2019t specify which policies had been violated. But a Jan. 27, 2014, letter to from Millicent Lundburg, a lawyer for Boisseau, said her client \u201cviolated University policy by failing to disclose a romantic relationship he had been involved in with another employee and he attempted to cover up such policy violation.\u201d Boisseau told the Statesman the cover-up was related to the deletion of text messages between him and the woman. The \u201cunreported, intermittent romantic relationship\u201d began \u201cin the 2005 and 2006 time frame\u201d with an extramarital affair and continued into 2013, the lawyer wrote. \u201cDr. Boisseau did not commit any other wrongdoing,\u201d she added, denying all allegations of sexual harassment, discrimination and retaliation. \u201cClaims that Dr. Boisseau forced himself on\u201d the woman \u201care not only false, they are defamatory per se and we insist that they not be published further,\u201d Lundburg wrote. The letter goes on to detail a romantic relationship that included sex while houseguests were in the other room, discussions of marriage and a getaway to South Padre Island. Boisseau, who is now and co-founder of Austin tech firm Vizias LLC, asserted that the relationship was always consensual, saying he was \u201cshocked\u201d by the assault allegations. He said the reduction in the woman\u2019s pay was related to job performance and involved input from other supervisors exercised poor judgment in thinking that because could be objective, and she didn\u2019t want to report it, and that we had known each other for so long \u2014 friendship predating working together \u2014 that was my hubris, to think that private life can stay private and that it doesn\u2019t 2/27/25, 7:11 Computer chief, chemistry prof quit amid sexual misconduct inquiries 3/5 affect the workplace,\u201d Boisseau said. \u201cObviously, now completely understand why a policy is in place itself was also a focus of the woman\u2019s complaints, which perhaps explains why it agreed to a six-figure payment. The woman had filed a formal charge with the federal Equal Employment Opportunity Commission and the Texas Workforce Commission, alleging that the university unlawfully retaliated and discriminated against her on the basis of sex. The woman and agreed in May 2014 to settle her complaints, as well as the federal and state filings, for $325,000, including her attorney\u2019s fees. The money came from reserves and funds receives for indirect operating costs on research contracts. The university agreed in a September 2014 settlement with the to provide training to computer center employees under Title of the federal Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex and national origin. Quitting in lieu of firing Holliday, an associate professor in chemistry, seemed poised for a promising career at \u2014 until Jan. 25, 2016, when the university\u2019s Office for Inclusion and Equity received a complaint alleging an inappropriate consensual relationship and sexual misconduct on his part put him on paid administrative leave eight days later and eventually barred him from having contact with students, according to the university\u2019s summary of its investigation. In the course of that investigation heard from seven more people who \u201calleged that they too experienced and/or witnessed sexual misconduct and inappropriate consensual relationships on the part of Holliday,\u201d according to the summary. Four of the complainants cited \u201cuncomfortable physical contact by Holliday, including touching their lower backs, rubbing his shoulder up and down against their shoulders, reaching in by their necks to touch earrings, and other discomforting touches, pokes, and tickles,\u201d the summary said. Five said he pressured people \u201cto consume more alcohol than they wanted to drink during group social outings,\u201d and several said his \u201cbehavior made them think he was \u2018testing the waters\u2019 to see if a sexual relationship with them was achievable,\u201d according to the summary. The Office of Inclusion and Equity \u201cconcluded that there was sufficient evidence to find that Holliday had violated\u201d the university\u2019s policies on consensual relationships and sexual misconduct, the summary said. That led to a recommendation that President Gregory L. 2/27/25, 7:11 Computer chief, chemistry prof quit amid sexual misconduct inquiries 4/5 Fenves initiate termination proceedings. After meeting with Fenves on May 23, 2016, Holliday offered his letter of resignation four days later, effective June 1. \u201cWhile do not agree with the findings of the investigation into complaints filed against me or the investigative process which feel has been skewed against me from the onset feel it is in my best interest to move on from my employment at the University,\u201d Holliday wrote. The records obtained by the Statesman do not say with whom Holliday was alleged to have violated university rules. However, a May 31, 2016, letter to him from Linda Hicke, dean of natural sciences, said his resignation was being accepted in lieu of termination proceedings under various conditions, including that \u201cthe University does not authorize you to have contact with students by any means.\u201d Holliday\u2019s salary was $94,366 a year at the time he quit, according to records. He did not return calls for comment. Improving the culture complete account of the allegations against Boisseau and Holliday, as well as the investigation by UT, is impossible to construct because a number of documents were not released to the Statesman. \u201cAs a public institution, the university provides all records required by state and federal law, as it did in this case. There are a variety of reasons, including privacy rights, that affect the release of personnel records,\u201d said Bird, the spokesman. Fenves said in a statement that the university is working to strengthen and expand education programs and enforcement policies to prevent sexual misconduct. For example, it updated the consensual relationship policy in January to better define prohibited relationships and address actual or perceived conflicts of interests, favoritism and exploitation within the academic community. And it expanded options for confidential reporting to the student, faculty and staff ombuds offices in August. \u201cAt UT, it is essential that we create a culture where sexual assault is unacceptable,\u201d Fenves said. \u201cSurvivors must feel empowered to speak out and all community members must recognize and report threatening behavior.\u201d 2/27/25, 7:11 Computer chief, chemistry prof quit amid sexual misconduct inquiries 5/5", "7830_102.pdf": "Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations December 28, 2017 / 8:45 Texas AUSTIN, Texas (AP) \u2014 Two University of Texas faculty members quietly resigned after being informed that they were accused of sexual misconduct. The Austin American-Statesman reports Thursday that public records show Jay Boisseau, who built UT's supercomputing center into an international powerhouse, and tenured chemistry professor Bradley J. Holliday both stepped down shortly after university officials confronted them with accusations News Weather Sports Video Texas Monthly 63\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:11 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 1/6 Boisseau resigned in 2014 and Holliday in 2016. The university paid Boisseau's accuser $325,000 to settle her claims spokesman says the university is considering changing its policy about not making sexual misconduct allegations public. Officials say the school's investigators found twice during the 2015-16 academic year and seven times during the previous year that faculty or staff had violated school policy on sexual misconduct or inappropriate consensual relationships. School officials have not provided details. (\u00a9 Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.) More from News look at the Black Gospel Archive at Baylor University Texas Senate approves statewide teacher pay raises; bill moves to House Catholics in North Texas unite in prayer for Pope Francis amid health crisis Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:11 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 2/6 \u00a9 2017 Broadcasting Inc. All Rights Reserved. In: University of Texas Texas Lottery Commission says couriers no longer allowed to sell tickets Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. 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Destroy vehicles your opponent took hours to craft and enjoy.\u2026 Affordable Container Homes in Mubarikpur Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:11 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 3/6 Learn More Access all channels anywhere, anytime The rise of health misinformation is a growing global crisis. Here's how advocates are fighting it Health misinformation accounts for 51% of social posts associated with vaccines and up to 60% related to Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More Your fingers can tell you a lot about your personality. What kind of fingers do you have Mubarikpur: Discover Affordable Wedding Dress Options Learn More The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Explore Affordable Wedding Dress Options Learn More Do you speak English? Work Job From Home In Pakistan Mubarikpur: Unsold Prefabricated Houses Are on Sale (Take a Look at Prices) Learn More Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:11 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 4/6 Mubarikpur: Unsold Fridges Are Being Sold For Almost Nothing! Pakistan: Unsold Sofas for Every Style And Budget at Affordable Prices The way you make your fist reveals something crucial about your personality Here Are The New Kitchen Trends In Punjab (Click To See) Search Now Pakistan: Jewelry On Sale For Half Price (See Price List) Learn More She Lives in a Shed, But What\u2019s Inside is Pure Magic Don't judge before you see the inside Villas For Sale in Dubai Might Surprise You Get Rates Never Throw Away the Water After Boiling Eggs - The Reason is Genius! Wish we had known this before Villas Prices In Dubai Might Be More Affordable Than You Think Get Rates Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:11 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 5/6 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details 11 21 News Sports Weather Best Of Program Guide Sitemap About Us Advertise Television Jobs Public File for 11 Public File for 21 Public Inspection File Help Applications Report Watch News 2/27/25, 7:11 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 6/6", "7830_103.pdf": "AUSTIN, Texas (AP) \u2014 Two University of Texas faculty members quietly resigned after being informed that they were accused of sexual misconduct. The Austin American-Statesman reports Thursday that public records show Jay Boisseau, who built UT\u2019s supercomputing center into an international powerhouse, and tenured chemistry professor Bradley J. Holliday both stepped down shortly after university officials confronted them with accusations. Boisseau resigned in 2014 and Holliday in 2016. The university paid Boisseau\u2019s accuser $325,000 to settle her claims spokesman says the university is considering changing its policy about not making sexual misconduct allegations public. Officials say the school\u2019s investigators found twice during the 2015-16 academic year and seven times during the previous year that faculty or staff had violated school policy on sexual misconduct or inappropriate consensual relationships. Officials have not provided details faculty quietly resigned after sex misconduct accusations Updated 8:22 CST, December 28, 2017 Economic blackout Harsh flu season Live: Trump administration Gene Hackman found dead Trump tariffs 2/27/25, 7:11 faculty quietly resigned after sex misconduct accusations News 1/3 Gene Hackman, found dead at 95, was one of Hollywood\u2019s most respected actors Trump administration says it\u2019s cutting 90% of foreign aid contracts Texas child who was not vaccinated has died of measles, a first for the in a decade The Trump administration sets the stage for large-scale federal worker layoffs in a new memo 1 2 3 4 2/27/25, 7:11 faculty quietly resigned after sex misconduct accusations News 2/3 pauses billions in cuts lauded by Musk as lawmakers and veterans decry loss of critical care 5 2/27/25, 7:11 faculty quietly resigned after sex misconduct accusations News 3/3"} |
8,813 | Egbert Leigh | Smithsonian Tropical Research Institute | [
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"8813_105.pdf"
] | {"8813_101.pdf": "2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 1/39 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 2/39 The Smithsonian\u2019s #MeToo Moment Many researchers dream of one day working at the Smithsonian\u2019s facility in Panama. But 16 women scientists told BuzzFeed News that their experiences there were nightmares ruled by prominent men who exploited their powers. By Nishita Jha Posted on December 9, 2021 at 7:00 am Subscribe to BuzzFeed Daily Newsletter View All 11 Comments Every year, around 1,200 scientists from around the world arrive on Barro Colorado Island in the Panama Canal to conduct research at the Smithsonian Tropical Research Institute, an epicenter for cutting-edge studies on climate change, biodiversity, adaptation, and evolution amid a dense jungle lush with kinkajous, tapirs, howler monkeys, and more than 400 plant species. Better known as STRI, the sprawling complex of labs and dormitories is the Smithsonian Institution\u2019s only facility outside the US. Read More 00:00 03:12 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 3/39 Many researchers who set foot on the island consider the opportunity a dream. But 16 women scientists interviewed for this story described a pattern of sexual misconduct by high-ranking men at the institute, one of whom acknowledged his inappropriate behavior to BuzzFeed News. The women said that struggling to fend off the sexual demands of scientists with the power to determine a young researcher\u2019s career trajectory left them feeling traumatized and isolated. Seven of the scientists said they have stopped visiting the institute or collaborating with its staff on account of the unprofessional behavior they said they experienced or witnessed there, and two have left academia altogether \u2014 a #MeToo brain drain that has cost science an incalculable toll of lost research was spending more and more time figuring out how to navigate the culture there,\u201d said Nina Wurzburger, an associate professor at the University of Georgia who worked at from 2008 to 2012 but said she no longer pursues major research projects there because of the pervasive discrimination and sexual harassment. Internal emails and complaints reviewed by BuzzFeed News, as well as interviews with 25 scientists, show that leaders for years issued little more than verbal warnings or social restrictions to employees accused of sexual misconduct while allowing them to continue interacting with newly arrived young researchers. The institute eventually took additional disciplinary action against two of the accused scientists in 2019 and 2020 third scientist, named in this story, continues to work at STRI. \u201cWe are sorry if anyone has experienced harassment at and are grateful for those who have come forward to tell us of their experiences,\u201d director Joshua Tewksbury said, declining to comment on specific allegations. \u201cWe take this responsibility very seriously and we have clear protocols in place to investigate and address people\u2019s concerns as they arise 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 4/39 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 5/39 Sarah Batterman poses for a portrait in upstate New York in September 2021. Sara Naomi Lewkowicz for BuzzFeed News If you have information relevant to this story or a tip regarding workplace culture, contact [email protected]. As the scientific community grapples with how to address reports of sexual misconduct, it must navigate complicated questions over intellectual property \u2014 the men who stand accused have been involved in decades of crucial research. At least three women mentioned in this story now face the striking predicament of seeing men they say harassed them listed as co-authors on their own career-defining papers and collaborators in their research. Three women said that a man they reported for misconduct withheld data from them in retaliation \u2014 one was later reimbursed for the funding she spent, another is trying to track down missing samples, the third received the data this week after a year-long effort. While has begun the process of separating its legacy from at least one of the men accused of sexual assault by removing his name as co-author from certain projects, there appear to be no clear answers on how to weigh the duty to censure misconduct against the obligation to credit all contributors. \u201cSorting this complexity will not be easy,\u201d Tewksbury said in an email to staff scientists in October. \u201cWe have a responsibility to properly recognize intellectual involvement 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 6/39 The complaints at spanned more than a decade, across the tenures of at least five directors, and include sexual misconduct allegations against three longtime current or former staff scientists. During that time, reports of sexual misconduct at were an open secret conveyed through whisper networks, according to the interviews with women scientists. But eight scientists said that they were more willing to publicly speak up about their experiences now that they had more professional stability than they did as early-stage researchers chasing a dream opportunity feared that by reporting what happened, my collaborators would find out and think less of me,\u201d said Sarah Batterman, who first visited the institute as a PhD student in 2008 and is now an assistant scientist at Cary Institute of Ecosystem Studies and associate professor at the University of Leeds have felt isolated for years, but now know am not the only one.\u201d In a complaint she filed to the Smithsonian in 2020, Batterman said Benjamin Turner, who led the institute\u2019s biogeochemistry lab, raped her at a scientific conference in San Francisco in 2011. Seven other women said that Turner sexually harassed them, including one who described his \u201cpredatory pattern of abuse\u201d to STRI\u2019s director in 2018. He remained at the institute for another two years and in 2019 received the Smithsonian Secretary\u2019s Distinguished Researcher Award. Tewksbury said that the officials who issued the award were not aware of any complaint against Turner at the time, but that the decision is now under review. While Turner did not respond to repeated requests for comment, in an email to his former colleagues in April 2021, he wrote that \u201cno-one at ever asked my side of the story at all,\u201d that \u201cone of the complainants had been sexually harassing me for at least two years,\u201d and that he provided investigators with an email \u201cin which she states she is in love with me and wants an affair know there is one serious complaint, but have strenuously denied this (it's simply not true),\u201d he wrote, \u201cand hope you both know me well enough to at least consider that possibility.\u201d Asked about Turner\u2019s statements on the investigation, Tewksbury said, \u201cWhen allegations of misconduct are found to be credible, we take action, and that action can include terminating the relationships with the employee. It is our policy and practice to initiate an objective and thorough investigation when we receive a complaint.\u201d Two scientists said that Edward Allen Herre, a staff scientist who specializes in evolutionary ecology, acted unprofessionally on repeated occasions, including making unwanted sexual advances, kissing without consent, and meeting with women scientists while wearing only a towel. Presented with the allegations in this story, Herre denied any misconduct: \u201chaving read this over and thought about what your outlined objectives for the piece are (stopping sexual harassment and quid pro quo retaliation), my response is that none of the substance of any of these accounts about me rises to either of those standards.\u201d Two other scientists said Egbert Leigh, a former emeritus staff scientist who had studied evolutionary biology on the island from 1969 until his retirement in 2019, sexually harassed them. In an email to BuzzFeed News, Leigh acknowledged \u201cthe substantial truth of the allegations\u201d and said that stripped him of his emeritus title in 2010 \u201cbecause of conversations that made young women uncomfortable.\u201d \u201cMemory is good at forgetting what one is ashamed of,\u201d he told BuzzFeed News am very sorry for the hurt and discomfort my behavior caused, and apologize to those who were hurt or offended by it.\u201d Two former interns said they were sexually assaulted by a chef who remains employed at the facility following an investigation that concluded that his conduct merited disciplinary action but not removal postdoctoral fellow said she was sexually assaulted by an intern who entered her bedroom at night in the field house she was sharing with him have felt isolated for years, but now know am not the only one.\u201d 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 7/39 and another colleague, but the institute did not install a lock on the door until a year later, when another woman scientist complained about unsafe housing conditions. 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 8/39 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 9/39 The reports of sexual misconduct, which BuzzFeed News is making public for the first time, come as the Smithsonian Institution faces a reckoning over a workplace culture that has left many women feeling unwelcome or unsafe. An April 2020 report from the Government Accountability Office found that the Smithsonian neglected to provide guidance to supervisors on how to handle sexual misconduct complaints group of staff scientists published an open letter in April 2021 asking the Smithsonian\u2019s leadership to overhaul its systems for reporting and addressing sexual misconduct. \u201cThe conditions that allowed this misconduct to take place are deep-seated,\u201d said Rachel Page, a staff scientist at director Tewksbury declined to comment on specific sexual misconduct allegations but said that he is \u201cfully committed to ensuring that this kind of behavior has no place at STRI.\u201d In recent months, he said, the institute has implemented bystander and boundary training, an Anti-Harassment Action plan, a hotline to report misconduct, and a process for sending employees and visitors information about preventing harassment; it has also conducted a survey of 3,100 current and former employees \u201cto capture the scope and nature of the challenges we might face.\u201d To mitigate the power staff scientists have had to determine who can access the facility, the institute is revising its visitor onboarding process to make it \u201cless dependent on a specific sponsor,\u201d Tewksbury said. \u201cThe idea that even one of these visitors ever leaves that experience less excited about science, or STRI, than when they came, is deeply troubling,\u201d said Tewksbury. \u201cWe are taking every action possible to support the health and wellbeing of all of our scientific community.\u201d But for the scientists forced to choose between tolerating a culture of exploitation or fleeing a coveted professional opportunity, the damage is already done. \u201cThese women are the who\u2019s who of tropical ecology,\u201d said Liza Comita, a professor at the Yale School of the Environment and a research associate at STRI. \u201cThe time and energy they are losing grappling with this is a loss for all of science.\u201d Nina Wurzburger on Barro Colorado Island, Panama Courtesy Nina Wurzburger \u201cThe time and energy they are losing grappling with this is a loss for all of science.\u201d 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 10/39 Smithsonian Tropical Research Institute Flickr When the Chagres River was dammed in 1913, water rose to engulf 164 square miles of tropical rainforest, creating Gatun Lake and many small islands peeking above the surface. Naturalists were drawn to Barro Colorado Island, but for decades women were barred from staying overnight. David Fairchild, one of the island\u2019s founding figures, advocated for the prohibition of women, writing in a 1924 letter that the island should remain a place \u201cwhere real research men can find quiet, keen intellectual stimulation, freedom from any outside distraction.\u201d The Smithsonian Institution, the world\u2019s largest museum and research organization, took over the administration of Barro Colorado Island in 1946, allowed women to live on the island, and in 1980 established the first long-term, large- scale tropical forest monitoring plot. 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 11/39 STRI\u2019s facility is the only site of human habitation on Barro Colorado Island, and its isolation is part of the appeal for tropical scientists eager to immerse themselves in the rich biodiversity while having access to laboratories devoted to studying flora, fauna, soil, and water. Game wardens, cooks, maintenance staff, scientific coordinators, visiting scientists, and students usually stay on the island while staff scientists and tourists come in by boat from Gamboa, a small town along the river. One scientist compared the atmosphere at to \u201ca grueling summer camp,\u201d where prominent and promising scientists are scattered across different parts of the island all day, working hard, and then come together over meals at the cafeteria, socialize over beers at the lounge, play musical instruments, or chat on a balcony overlooking the forest and lake. These gatherings aren\u2019t just for letting off steam but offer invaluable networking opportunities to young scientists seeking mentors to sponsor them for short-term projects or a long-term position at as a research associate, a title that brings full access to the institute\u2019s trove of archives and data. \u201cUnder the current system for awarding postdoctoral and predoctoral fellowships, anything less than enthusiastic support from all staff scientists with relevant expertise can kill an applicant's chances,'' said Helene Muller-Landau, a staff scientist at STRI. Tewksbury said the institute is implementing a new system that will eliminate the single \u201call- staff\u201d selection meeting that hinges on sponsor advocacy and instead rely on a \u201csmall expert committee\u201d to make decisions on fellowship applications. Meg Crofoot, an anthropologist who studies how human society is different from nonhuman primate societies, first rode the morning ferry to the island in 2003, on a trip to see if STRI\u2019s new automated radio telemetry system, which lets scientists simultaneously track multiple groups of animals, would be helpful for her dissertation research 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 12/39 Meg Crofoot conducting field work on Barro Colorado Island, Panama Christian Ziegler Near the end of her visit, Egbert \u201cBert\u201d Leigh invited her and a male colleague to join him for drinks at his \u201cchambers,\u201d which was what Leigh called the field house room he used as an office, library, and bedroom at Barro Colorado Island during the week. The conversation that night began well, as Leigh agreed to sponsor Crofoot\u2019s application for a three-month fellowship at STRI. But, Crofoot said, the discussion later took an unexpected turn when Leigh told his guests that he had been \u201cpleasuring\u201d his wife when a recent earthquake struck and thought \u201che had made the world shake.\u201d \u201cIt was just uncomfortable and inappropriate,\u201d Crofoot said. She concluded that on the island \u201cBert\u2019s idiosyncrasies were just accepted for what they were 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 13/39 Three scientists who knew Leigh and requested anonymity explained that they and others put up with his behavior because, as one put it, he was \u201cnot physically dangerous,\u201d simply a product of his time \u2014 \u201can old-fashioned lecher,\u201d another said. But asked about it now, Leigh said his behavior reflected \u201cmy unwanted and disruptive obsession with Meg Crofoot.\u201d He offered \u201ca sad acknowledgement\u201d that the claims about him in this story are accurate. One research associate, who worked with Leigh and requested anonymity for fear of damaging her career, told BuzzFeed News that he often greeted her by lifting her up by the waist, pressing his body against hers, and leaning back \u201cso was basically kind of lying on him.\u201d On a bus ride one evening, Leigh told a group of scientists that one of them, a graduate student, was causing him to get an erection, Crofoot and another scientist recalled. Crofoot got the three-month-long fellowship, returning to in summer 2004. Leigh, her sponsor, often invited her for after-dinner drinks in his chambers. Crofoot said she felt unable to decline because Leigh often had \u201cexplosive reactions\u201d whenever he felt socially rejected. In 2008, she again returned to Panama, now as a postdoctoral researcher working as the director of the Automated Radio Telemetry System Initiative. Leigh\u2019s wife died that year, leaving him in need of someone to drive him, shop for him, and cook for him. Some of the responsibility of providing this care, Crofoot said, fell upon young scientists handpicked by Leigh. He asked Crofoot to drive him to Panama City once a week, he said. In exchange, she could borrow his car whenever she needed. \u201cIf early-career researchers helped me during that time, they were not the main source,\u201d he said. Crofoot was unsure how to handle Leigh was living in for the next five years,\u201d she said had to find a way so would not have this omnipresent sense of constantly walking on eggshells, trying to manage him, manage his emotions, manage his behavior... all in a way such that could do my work, and not have this situation derail everything was trying to accomplish.\u201d One day, Crofoot said, Leigh \u201cconfessed\u201d to being \u201cmadly in love\u201d with her and wanting to marry her. By 2010, Crofoot decided to rent an apartment in Panama City, while still paying rent for her room on the island, so she could get away from Leigh. She bought her own car. She informed then-director Eldredge Bermingham about Leigh\u2019s behavior toward her and other young women on the island. Following Crofoot\u2019s complaint, Bermingham set certain restrictions on Leigh: He could spend only Tuesday evening through Friday afternoon on the island, host people in his room only on Wednesdays and Thursdays, and invite no fewer than three guests, according to emails reviewed by BuzzFeed News. Bermingham also emailed Leigh\u2019s priest in Panama, asking him to help Leigh stick to the new policies. \u201cIt is Bert\u2019s responsibility to insure [sic] that the 3-person rule is upheld no matter what the surrounding circumstances,\u201d \u200bBermingham stated in one email. Leigh confirmed to BuzzFeed News that Bermingham put the rules in place to \u201ccalm the island,\u201d which he said had \u201cnaturally been upset\u201d by his pursuit of Crofoot. But the high turnover at \u2014 including Bermingham, who retired in 2013 \u2014 meant that within a few years new staff rotated in, largely replacing the cohort familiar with Leigh\u2019s situation. \u201cNo one enforced the restrictions, and gradually \"Anything less than enthusiastic support from all staff scientists with relevant expertise can kill an applicant\u2019s chances.\" 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 14/39 Bert stopped following them,\u201d said a scientist who worked with Leigh and requested anonymity. 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 15/39 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 16/39 Meg Crofoot in Konstanz, Germany, in September 2021 Anna-tia Buss for BuzzFeed News In 2019, shortly after Leigh retired, a researcher filed a new complaint of sexual misconduct against him. Crofoot wrote to STRI\u2019s then-director, Matthew Larsen, and other scientists who knew Leigh to remind them of the restrictions placed by Bermingham, as well as documents detailing her own complaints. Larsen did not respond to interview requests for this story. Later that year, Leigh said, the institute declined to renew his emeritus status because of his inappropriate sexual comments. But he remained involved with the facility, meeting with new researchers and co-editing a book about STRI\u2019s 100-year history, before other editors eventually asked him to leave the project. In an email exchange in 2019 two scientists expressed concern that Leigh\u2019s \u201cunique and interwoven relationship\u201d with continued on beyond his career\u2019s end. \u201cIt is na\u00efve of us to think that shifting Bert off island will solve the problems of his inappropriate sexual conduct toward young women,\u201d one scientist wrote in 2019. \u201cAlready every few months Bert emails me to ask who the new lab members are, and then selectively picks the young, female English speakers for his Gamboa dinner companions.\u201d But while leadership took some steps to curb Leigh\u2019s behavior, the powerful men at the center of the institute continued to blur the line between professional networking and inappropriate behavior, according to interviews with women scientists 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 17/39 Benjamin Turner is seen in an interview with the British Society of Soil British Society Of Soil via Youtube Emma Sayer first met Benjamin Turner when he interviewed to become an staff scientist. She then started working with him on the island in 2005 after earning her PhD, she said, and found him to be a welcoming and supportive colleague. He invited her to party at his house, where his entire research group gathered to dance, drink, and discuss biogeochemistry. At STRI, Turner was known as \u201cthe soils guy\u201d \u2014 he controlled access to the biogeochemical laboratory, analyzed samples for nearly every scientist on the island, and set prices that influenced research budgets at one of the most well-studied tropical forest sites in the world 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 18/39 Turner had a reputation for holding court among a big group of young researchers who worked and partied together, according to three scientists who worked with him. But Sayer\u2019s introductory experience to social gatherings at Turner\u2019s home, she said, left her feeling deeply uncomfortable. \u201cHe would say things like, \u2018We\u2019re a great team! We\u2019re the best team!\u2019 and use this rhetoric to pressure people to drink,\u201d said Sayer, who now teaches at Lancaster University in the saw him pressure a young woman into drinking so much that she vomited all over his lawn while he took photos of her and said, \u2018I'm going to use these to blackmail her later.\u2019 And it was all seen as kind of a joke, everybody was laughing.\u201d Sayer decided to stop socializing with Turner and his team after the party. This, she said, was the beginning of a vicious cycle: Turner would openly criticize her for not being a \u201cteam-player,\u201d and she would become increasingly withdrawn. When she needed samples analyzed at the soils lab, she said, she had to wait longer than anyone else, or was told by Turner that there was no available space for her to perform her work in the lab. Sayer did not make an official complaint at the time, she said, because was told by other scientists that was being paranoid or that must have done something wrong for him to behave like that.\u201d The isolation, she said, ultimately drove her away from in 2009. 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 19/39 Batterman in upstate New York Sara Naomi Lewkowicz for BuzzFeed News As Sarah Batterman began gathering and analyzing data in Panama for her thesis in 2008, she knew she would eventually need a staff scientist to endorse her project. Though Turner ran the lab where she analyzed her samples, the two had barely spoken until two years into her research, in June 2011, when they both attended the same conference in Reykjav\u00edk, Iceland, she said. Turner sat down next to her on a tour bus and struck up a conversation remember being flattered, but also finding it strange,\u201d Batterman said was a nonentity and was quite a bit younger than him and was hyperaware of the difference of power between us. But knew was supposed to take advantage of every opportunity to get to know scientists, and for them to get to know me.\u201d 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 20/39 Over the next few days in Reykjav\u00edk, Batterman occasionally ran into Turner. She said Turner\u2019s conversation on the bus ride had been flirtatious, and at a later interaction at the conference, he asked her and two other young PhD students who were women to travel through Iceland with him before they left the conference, describing it as a \u201conce-in-a- lifetime opportunity\u201d to see geological sights with an expert. Batterman joined for part of the travels, spending a day with the group. When they returned to Panama, Turner began inviting Batterman out for dinner and drinks, promising to discuss her career and endorse her postdoctoral fellowship application to STRI, she said. At these meetings, Turner would \u201cpoint out the waitress to me and talk about how hot she is, and how he wants to have a threesome with her and me,\u201d Batterman recalled. \u201cThen he would once again encourage me to apply for the postdoc fellowship, saying had a \u2018really good chance\u2019 of getting it.\u201d During one of these meetings, Turner mentioned that he was married but said he was unhappy and considering a divorce, then asked if Batterman was single, she said in the complaint. On one of Batterman\u2019s last nights in Panama, she said, Turner drove her back to her hotel after she had bid farewell to staff and colleagues. As she was leaving, he asked if he could come up to her room. Batterman said no. According to Batterman, Turner proceeded to beg and pressure her to allow him upstairs remained in the car feeling bad that he was upset, but kept saying no for about 20 minutes,\u201d she stated in the 2020 complaint. \u201cWhen he would not take no for an answer started to worry about all the opportunities that could lose if lost his support and felt powerless, so eventually gave in.\u201d After Batterman finished her research and returned to the US, she said, Turner suggested they meet at a conference in Arizona where he would introduce her to leading scientists, including two ecologists with whom she could possibly collaborate. She agreed, both for the professional opportunity and because she was excited about the venue, a place she had been obsessed with since she was a kid: Biosphere 2, the site of a monumental scientific experiment in which 3.14 acres in Pinal County were sealed off to replicate the Earth\u2019s biosphere. The experiment didn\u2019t last, but the space remained and now hosts conferences amid the miniature rainforest, ocean, wetlands, and fog desert. By day, Turner introduced Batterman to scientists, and she attended talks and explored the Biosphere. The first night, Turner suggested that the two of them get \u201cvery, very drunk,\u201d she recalled. After they drank together, Batterman said, he pressured her to have sex, and she complied. After Arizona, Batterman said Turner proposed they meet at a conference in San Francisco. By then, she said, the two had become closer 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 21/39 still felt like it was really not okay, he was paying all this attention to me, saying all these things to me, and then getting me to do all this stuff with him that felt uncomfortable with, when he had a wife and kids,\u201d she said in an interview. \u201cBut then on the other hand, he really preyed on my personal and professional vulnerability by saying he loved me or telling me that he had never felt this way about anyone.\u201d Turner suggested she read a book called Sperm Wars, she said in the complaint. In an interview, Batterman said she believed the book of short fictional stories and essays was meant to \u201cassuage guilt about being involved with a married man,\u201d but it presented ideas she was uncomfortable with. The author, an evolutionary biologist, compared date rape to \u201crough and tumble intercourse,\u201d posited that \u201cone of the criteria\u201d a woman should evaluate when selecting a mate \u201cis his ability to overcome her physical resistance,\u201d and observed that \u201cthe more men and women drink, the more they both seek intercourse \u2014 or, at least, the less they resist it.\u201d On the last day of the San Francisco conference, Turner, Batterman, and another scientist, Daniela Cusack, went out for drinks remember drinking more heavily than usual that night as we were having a good time,\u201d Batterman said. While drinking was par for the course at conferences, going out with Turner that night felt \u201creckless,\u201d said Cusack, who is now an associate professor at the Department of Ecosystem Science and Sustainability at Colorado State University. \u201cHe kept saying, \u2018no, don\u2019t go, let's have another drink, let's have another drink noticed that Sarah was getting drunker and drunker and drunker, but they seemed to be really good friends, and had just met them, so wasn\u2019t too worried at the time.\u201d Batterman\u2019s last memory from the night was of Cusack leaving the bar around 8 p.m. The next morning, when Batterman woke up, Turner was packing his bags and about to check out of the hotel. He told Batterman that he had decided he would not be leaving his wife 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 22/39 told him things needed to end because the situation was very unhealthy and upsetting,\u201d Batterman said. Later in the day, Batterman felt a sharp pain that she said led her to believe that Turner had anally penetrated her the night before, she said in the complaint was unwilling to admit that Turner had raped me because it was too much to handle on top of everything else, especially since we would likely be working together throughout my career,\u201d she stated in the complaint just wanted it all to go away.\u201d After 2011, Batterman rarely spoke with Turner, and only about professional matters, she said. Over the next five years, she said that Turner retaliated against her by withholding a data set that they collected collaboratively \u2014 a claim she informed other staff scientists about at the time, according to emails reviewed by BuzzFeed News. At the request of Batterman\u2019s attorney in 2020 offered to turn over the data set held by Turner, a process that was completed earlier this week Maga Gei also met Turner at the 2011 conference in Iceland. When they were in the hotel elevator together one evening, she said, he surprised her with a wet kiss near the mouth and invited her to his room remember shaking my head no, and as the doors closed was thinking, \u2018whoa, what just happened?\u2019\u201d she said. Two years later, Gei received a Smithsonian fellowship to do research on Barro Colorado Island. At a party shortly after she arrived, she approached a staff scientist, Edward Allen Herre, to discuss her project. Herre showed little interest in discussing her research, but invited her to accompany him on a drive across town instead, she said few days later, she said, he showed up uninvited to her house in Gamboa to ask her help organizing an event was so shocked to see him at my door,\u201d she said did not want him to come inside 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 23/39 Later, when Gei was leaving a group gathering, she said Herre \u201cplanted another one of those big, wet, sticky, too close to the mouth kisses.\u201d In response to questions from BuzzFeed News, Herre said that Gei\u2019s allegations consisted of \u201cperceived personal slights where none were intended.\u201d Gei left at the end of her 2013 fellowship and now works in communications. Edward Allen Herre in an undated photo posted on the website Stri 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 24/39 \u201cIn science we have this idea of merit, that if you work really hard and you are really smart, you will make it to the top,\u201d she said. \u201cBut the truth is, you can do everything right and never make it at because over there, you are who you are working with.\u201d One scientist, who requested anonymity to protect her career prospects, said that Herre would \u201ccultivate young women, frequently grad students, initially by giving scientific advice and then by embedding himself in their research and making them feel intellectually and sometimes financially indebted to him.\u201d Another said that Herre harassed her for six months, pursuing a relationship even after she declined \u2014 \u201che would not take no for an answer third scientist, Sayer, said that Herre once invited her and another woman to dinner then answered the door wearing only a towel and remained in that state of undress even after they asked him to put on clothing. Herre said that none of the incidents described amounted to sexual harassment. He said that he meant no harm when he greeted Sayer in a towel, that he never threatened any retribution against the woman who rejected him and that her career has \u201cflourished,\u201d and that his support for young scientists is purely professional. \u201cThe researchers whom encourage include both men and women, young and old, often working far outside of any of my research interests,\u201d he said. \u201cUsually my advice demonstrably benefits their projects and careers.\u201d He noted that he was among the scientists who signed the 2021 open letter calling on the Smithsonian to more robustly address sexual misconduct. Asked about the claims against Herre, Tewksbury said, \u201cWhile cannot comment directly about specific allegations take all allegations of misconduct seriously, particularly when alleged conduct creates dangerous or threatening situations for students, interns, or fellows.\u201d The culture of impunity at the institute persisted even as women filed complaints against colleagues. Seven scientists who reported sexual abuse at within the last two decades said that they felt the institute didn\u2019t take their concerns seriously enough. 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 25/39 Katherine Sinacore photographed in Panama City in September 2021 Tarina Rodriguez for BuzzFeed News In 2014, Katherine Sinacore, then a doctoral fellow, was living in a forest field station with two interns. The only room in the field house that could be locked was the bathroom, and Sinacore said she had to use a rock to secure her bedroom door shut. One night, she said, one of the interns entered her room and sexually assaulted her. She reported it to STRI, which directed her to the Panamanian police. An investigation ensued, but emails show that and Sinacore did not hear of any arrests. She said she moved into a housing complex in Gamboa and asked to add locks to bedroom doors in the field houses. But more than a year later, when another scientist moved in, there were still no locks, according to emails reviewed by BuzzFeed News. 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 26/39 just felt like what happened to my body wasn't important enough for them to think we should do something so this never happens to someone again,\u201d she said declined to comment on personnel matters, specific allegations, or internal investigations. Ellen Dyer on Barro Colorado Island, Panama Courtesy Ellen Dyer In 2018, Ellen Dyer, then a 21-year-old intern who spent her days running down ravines and scrambling up hills to keep up with the spider monkeys she was researching, reported to that while dancing with her at a party in the facility\u2019s lounge, the cafeteria\u2019s chef had grabbed her bottom and pressed his erection against her. Though Dyer said 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 27/39 that she told him she wasn\u2019t interested in a sexual encounter, he followed her to her room and forcibly kissed her cheeks and neck outside her door before she managed to push him off and get inside. \u201cAt this point was very frightened,\u201d she wrote in an email to STRI\u2019s human resource manager on the following Monday. Dyer said she felt unsafe because the chef knew the location of her room and could find her wherever she went on the island. She began to skip meals, stayed in her room, and avoided doing her laundry or visiting the lounge to meet her friends. The only time she did enter the cafeteria, Dyer, who has a panic disorder, saw the chef and experienced a panic attack, she said in her complaint to HR. Her supervisor, Grace Davis, brought her meals so she could eat in her room, according to Davis and emails reviewed by BuzzFeed News. Two days after Dyer filed her complaint, STRI\u2019s manager wrote back to her confirming a panel assembled to investigate the matter would visit her. Dyer said the interviewers asked about how much she\u2019d had to drink that night, how many people had seen the chef dancing with her, why she ended up alone with him, and what she\u2019d been wearing at the time remember it was literally like Nike shorts and a t-shirt, so was like, what does that have to do with anything?\u201d she said. \u201cIt felt as though they were shaming me, as if saying, \u2018well, if you had not been drinking whiskey instead of beer, maybe you wouldn't have been drunk remember repeating to myself in my head \u2014 \u2018you are allowed to get as drunk as you want and that still doesn't give someone the right to do anything to you.\u2019\u201d The chef was put on administrative leave for two months, and Dyer was offered a different room, as well as contacts for counselors in Panama and Washington was there with Ellen throughout the instances of sexual assault and harassment on BCI, and sadly, similar instances have happened to other field assistants and myself as well,\u201d said Davis, now an anthropologist at the University of California, Davis. \u201cThere was no clear system in place for reporting such assault or harassment, no regard or respect for our voices in putting this forward, and little follow-through on the part of during and after the investigation.\u201d Two months later, on Dyer\u2019s last day in Panama, her contact informed her that the chef \u201chad been given a stern talking to\u201d but would continue to work at STRI, said Dyer, who is now a PhD student studying evolutionary anthropology at the University of New Mexico. \u201cAs was leaving, there were still more women, many young women like myself, young interns around 19 years old arriving on the island,\u201d she said. \u201cThey had no idea that had been assaulted by someone employed at STRI. It made me feel really worried for them.\u201d Three months after Dyer left STRI, her supervisors, Grace Davis and Crofoot, wrote to Larsen and two other staff scientists at expressing their disappointment at the way handled the complaint. Crofoot asked for \u201cconcrete steps to fix the institute\u2019s broken system\u201d for dealing with sexual misconduct complaints. In response, STRI\u2019s then-director Larsen noted that STRI\u2019s team interviewed 11 people, reviewed 7 hours of security footage, and concluded \u201cthat the employee behaved improperly and that his conduct merited severe disciplinary just felt like what happened to my body wasn\u2019t important enough for them to think we should do something so this never happens to someone again.\u201d 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 28/39 action, but not removal.\u201d He said that over the years had dismissed three employees and two scientific visitors for sexual harassment and taken disciplinary action against two others. Among the witnesses who spoke to STRI\u2019s investigating panel was an intern who said the chef had sexually assaulted her earlier that same evening and that she later witnessed him dancing with Dyer even after Dyer had drunkenly fallen down at least twice, she recalled in an interview with BuzzFeed News. She learned that the chef was still working at when she ran into him at the dock on Barro Colorado. Tana Wood poses for a portrait at El Yunque National Forest in September 2021. Erika P. Rodriguez for BuzzFeed News For years, Tana Wood kept an eye on Ben Turner when she saw him at conferences mingling with groups of younger women. She overheard him asking about their relationship statuses and observed him brushing his hand along their 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 29/39 backs or legs. At a conference in Tennessee in 2016, Wood said she observed Turner coax a student to go sightseeing with him in Europe, then snap at her when she asked if she could bring her boyfriend along. Turner\u2019s reputation spread across a whisper network. One scientist Turner sponsored, who requested to be identified by her initial M., recalled an occasion when Turner told her that a scientist he introduced her to had been more interested in her short dress than her work. After that, on the advice of a woman mentor, M. said she began to \u201cdress like a man\u201d and wear her hair short. In 2016, Wood met a student who complained about older scientists harassing her and her peers at a conference. The student agreed to look through pictures of the conference attendees to identify the men, and one of the men she identified was Turner, Wood and the student recalled. \u201cShe was very disturbed, and she asked me why female graduate students were even present at these meetings,\u201d Wood said remember how it felt to have somebody talking to you about science, and then realize that they're hitting on you, thereby negating anything positive that they had said about your research just felt like hadn't done enough to protect her, and by not speaking out felt in some ways complicit 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 30/39 Wood working on a drought experiment Courtesy Tana Wood Wood and her colleagues tried to come up with ways to ensure the safety of their women students. They considered sending out messages to participants before conferences, outlining appropriate codes of conduct, identifying problematic scientists and flagging them to conference organizers, or making an internal decision to just stop inviting and promoting scientists who had reputations for engaging in inappropriate behavior. Wood said she\u2019d heard enough about Turner to believe that \u201cit was not safe to invite\u201d him to gatherings 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 31/39 Now a research ecologist with the Forest Service, she began raising alarms about Turner in 2016, sending emails and speaking with leadership within the Forest Service International Institute of Tropical Forestry and to the National Science Foundation\u2013funded Luquillo Long-Term Ecological Research Program. At a symposium in 2018, when Wood attended a talk by a University of Puerto Rico professor who described sexual harassment in science as a \u201cloud secret,\u201d she found herself in tears. Larsen, then-director of STRI, was one of the speakers at the symposium. After the event, Wood took him aside and told him everything she had witnessed Turner do, as well as concerns she\u2019d heard from other women. \u201cDr. Larsen told me that he was very concerned and took this complaint very seriously and that he would talk with Dr. Turner,\u201d she recalled. In February 2019, Larsen emailed Wood and M., who had also spoken to him about Turner\u2019s behavior, stating that he had spoken with Turner about the complaints \u201cabout his behavior with women scientists and students,\u201d and that Turner \u201cthanked me for relaying the concern to him and indicated that he will be mindful of this behavior going forward.\u201d Larsen asked that Wood contact him if any of her students or colleagues were to have such an experience with Turner again. \u201cThe more frequently we all take action and \u2018call people out,\u2019 the sooner we can end this problem,\u201d he wrote in the email. By 2019, at least two women had complained to Larsen about Turner. In 2020, another scientist, who requested anonymity, submitted a complaint against Turner, alleging harassment and retaliation, through a page on the Smithsonian\u2019s website where members of the public can flag inappropriate behavior by its employees. In the complaint, this scientist said that after she refused to go to a hotel room with Turner at a conference, her research team was kicked out of the soils lab and her samples were left unanalyzed indefinitely, and her data was then withheld from her am a Research Associate at STRI, and my work there depends on him as my official mentor and sponsor within the organization,\u201d she wrote. Batterman also filed an official complaint about Turner to the Smithsonian Institution. In it, she included supporting statements from other women who said they had witnessed or experienced harassment from Turner. That same year, the Smithsonian Institution hired an independent investigator who contacted the women supporting Batterman\u2019s complaint, according to three scientists affiliated with and five women who spoke to the 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 32/39 investigator. The institute didn\u2019t inform the women about the outcome of the investigation, they said. Tewksbury said people who allege misconduct are told when an investigation is closed but not the details of disciplinary actions. \u201cWhy would you ever expect someone to put themselves in the hot seat, in a small community of mostly white men, put themselves up as a bull\u2019s eye, if they can't even know the outcome at the end of the process?\u201d said Laura L. Dunn, an attorney representing Batterman and 13 other women scientists speaking up about who received support from the Legal Defense Fund senior scientist, Bill Wcislo, who led the institute as interim director in 2013 and 2014, has called on the institute to change its policy of not commenting on specific personnel matters. \u201cIt is possible to allow transparency and accountability, while maintaining confidentiality,\u201d he said, \u201cbut this has not been implemented.\u201d In November, staff scientists received a one-line email from STRI\u2019s then-director, Oris Sanjur, informing them that Turner no longer worked at the institution without further explanation In email exchanges, four staff scientists at told BuzzFeed News that they were shocked at the sudden dismissal of a highly productive member of their team who was frequently published in academic journals and cited in research papers. One scientist said that the secrecy around the reason for Turner\u2019s dismissal meant the scientific community could not make an informed choice about whether they still wanted to collaborate with Turner in the future. \u201cThe community had no idea why Dr. Turner had left.\u201d 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 33/39 For nearly four months, most scientists at had heard only rumors of allegations against Turner. \u201cThe community had no idea why Dr. Turner had left,\u201d Rachel Page, a staff scientist, said. \u201cDr. Turner told the few people he was in contact with that he had left because of family reasons, and no one questioned this.\u201d In April 2021, Carlos Jaramillo, who collaborated with Turner on a paper published in Science, wrote a note of apology to the women who said Turner harassed them, stating that the institute\u2019s refusal to explain why Turner was dismissed had made Turner\u2019s coauthors \u201caccomplices of his behavior.\u201d Later that month, then-director Sanjur emailed staff scientists acknowledging that several of them had reached out to her asking about continued collaborations with Turner and stating that the Smithsonian had decided to \u201ccease on- going collaborations\u201d with him, according to emails reviewed by BuzzFeed News. In October, nearly a year after Turner\u2019s dismissal, newly appointed director Tewksbury told staff scientists not to initiate new work with Turner because will not provide material or intellectual support to work in which Ben Turner is involved,\u201d according to the email. But the parting is not so simple. Over his years at STRI, Turner was solely responsible for the biogeochemical laboratory \u2014 his \u201cpersonal fiefdom,\u201d as one colleague put it. Women who collaborated with Turner and say he sexually harassed have to see his name attached to all their work. Some fear they may lose data without Turner\u2019s cooperation. Batterman hired an attorney to try to regain control of data she said Turner was withholding from her. Sayer informed in April 2021 that she had prepaid around $10,000 for soil analyses in Turner\u2019s lab but had only ever received around $750 worth do not have much hope of recovering these funds, as Ben has ignored all previous emails about the funds and outstanding analyses,\u201d she told STRI\u2019s then-director Oris Sanjur. In November, the institute agreed to reimburse her. The task of recovering data from projects Turner was involved in fell on a small group of scientists, including Joseph Wright, who has worked at for 38 years and said that he \u201cmight have been Dr. Turner\u2019s closest collaborator on the scientific staff\u201d but will never work with him again in light of the sexual misconduct allegations. Wright was in communication with Turner about the data, but that ended after he informed Turner that advised its staff to stop collaborating with him. \u201cTurner no longer responds to messages from me,\u201d Wright said. Yet some data sets remain unusable until Turner sends over their corresponding documentation, which Wright said he is still waiting for, delaying projects that now hang in the balance. \u25cf Opening images: Erika P. Rodriguez for BuzzFeed News; Anna-Tia Buss for BuzzFeed News; Courtesy Ellen Dyer; Tarina Rodriguez for BuzzFeed News; Sara Naomi Lewkowicz for BuzzFeed News; Courtesy Nina Wurzburger 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 34/39 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 35/39 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 36/39 Topics in this article #MeToo Nishita Jha BuzzFeed News Reporter Comments Former Employees Say Ellen\u2019s \u201cBe Kind\u201d Talk Show Mantra Masks Toxic Work Culture Nobody Believed Neil DeGrasse Tyson's First Accuser. Now There Are Three More Doctor Admitted To Sexually Abusing Patients And Then Walked Free Leaked Records Reveal Tony Robbins Berated Abuse Victims, And Former Followers Accuse Him Of Sexual Advances 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 37/39 Share your thoughts 11 From Our Partner Post Comment olafthedestroyer It's no wonder women don't pursue careers or they drop out in greater numbers. One would have hoped this kind of bullshit behavior would be the exception by now, but it is not that uncommon. I'm a late middle aged white male engineer and find it depressing that the first place worked for back in the late 1980's was more enlightened than a lot of current workplaces.... Read more 22 Reply Top Comment 3 years ago Hilary Duff Being Praised For Her Nude Magazine Cover Has Sparked Discussion Around The\u2026 BuzzFeed News Star Brittney Griner Pleads Guilty In Domestic Violence Case BuzzFeed News Mother Charged With Killing Her Toddler By Feeding Her Teaspoon Of Salt Khlo\u00e9 Was So Upset When Her Surrogate Gave Birth That Her Offered To Take Her\u2026 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 38/39 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap BuzzFeed News BuzzFeed News 2/27/25, 7:12 The Smithsonian\u2019s MeToo Moment 39/39", "8813_102.pdf": "( ( ESTATEADVERTISINGFAQs \uf002 Sexual abuse and harrasment at the Smithsonian \ue904 December 10, 2021 ( ( Subscribe for email updates Email Address [email protected] Subscribe Now Stay up to date Type Search Our Website ( 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 1/7 Sexual abuse and harassment at the Smithsonian Sixteen scientists who worked as researchers -some in their student years- at the Smithsonian Institute\u2019s facilities on the island of Barro Colorado, in Panama, described inappropriate sexual behavior by \u201chigh rank\u201d workers and colleagues According to Buzzfeed News, based on internal emails and interviews with 25 scientists related to the operation of the Smithsonian Tropical Research Institute ), the complaints were resolved with verbal warnings or some restrictions on the workers indicated, but they all continued to work on their research and interact with their colleagues. It was not until 2020 that one of the people involved was dismissed after repeated complaints and an internal investigation. The center\u2019s director, Joshua Tewksbury, quoted in the report, assured a Buzzfeed News reporter that the accusations are treated seriously and that they have \u201cclear protocols to investigate.\u201d He added that details on specific cases cannot be provided. \u201cThe Smithsonian is committed to maintaining a safe and healthy work environment and will not tolerate any type of harassment against any member 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 2/7 of the community,\u201d the press office responded to an email sent by La Prensa after the publication. \u201cWe recognize that having strong internal policies and processes are only part of the solution. We also recognize the pain and understand the courage it takes to be able to face and talk about these situations \u201d, adds the STRI. In the Buzzfeed report, scientist Egbert Leigh, who worked at for decades until his retirement, acknowledges the allegations and apologizes \u201cfor the pain and discomfort my behavior caused apologize to those who were hurt or offended \u201d. Two other scientists, Edward Allen Herre and Benjamin Turner deny the allegations. The second was separated from his position in 2020. Later, it was learned that his dismissal was linked to the reports. Now, scientists and students who carried out investigations in Barro Colorado, in laboratories that were sometimes managed and administered by the alleged perpetrators, are in a legal battle for copyright, since one of the alleged perpetrators appeared credited in scientific publications as \u201ccollaborator\u201d. Liza Comita a professor at Yale School of the Environment and a research associate at did not suffer the 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 3/7 behaviors described in the Buzzfeed publication but has positioned herself in favor of the victims. \u201cThese are women who are experts in tropical ecology \u2026 The time and energy they are wasting in dealing with these events is a loss for science,\u201d she said. Tewksbury, the director of STRI, replied: \u201cWe are taking every possible action to support the health and well-being of our entire scientific community.\u201d The Smithsonian assured La Prensa that it is \u201ccontinually strengthening policies and procedures to thoroughly investigate allegations of harassment and take appropriate corrective action.\u201d Since 2019, they reported, an office for the prevention of harassment and violence in the workplace called Civil has been established at the Smithsonian, \u201cwith the mission of empowering the community to communicate their concerns in the workplace and that do so with the confidence that their concerns will be addressed and without fear of retaliation. \u201c Open Letter Meanwhile, attorney Laura L. Dunn, who represents several of the victims, published an open letter on behalf of her clients, addressed to the Gender Policy Council of President Joe Biden\u2019s administration, calling for comprehensive reform to policies. 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 4/7 The letter calls on the council to make four \u201ccritical reforms\u201d to and the Smithsonian Institution: change the control model, which \u201cconcentrates power in the hands of scientists, who are mostly older white men\u201d; adopt security measures in residences in Barro Colorado; improve the reporting system for situations of this type and the communication of research results, and, finally, establish an ethical standards committee that governs the conduct of scientists. \uf185 Post Views: 453 (/#facebook) (/#twitter) (/#whatsapp) Next Son of Martinelli extradited to United States ps://newsroompanama.com/2021/12/10/son- of-martinelli-extradited-to-united-states/) Previous 51 get provisional detention in Operation Fish hearing ( get-provisional-detention-in-operation-fishe hearing/) You may have missed 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 5/7 Handy Tips to Choose the Right Guided Snowshoe Tour in Tahoe ( tips-to-choose-the-right- guided-snowshoe-tour-in- tahoe/) ( tips-to-choose-the-right-guided- snowshoe-tour-in-tahoe ( contribution/) \ue904 February 27, 2025 ( The Factors Behind Most Tractor-Trailer Accidents and the Ways They Can Be Prevented ( factors-behind-most-tractor- trailer-accidents-and-the- ways-they-can-be-prevented/) ( factors-behind-most-tractor- trailer-accidents-and-the-ways- they-can-be-prevented ( contribution/) \ue904 February 27, 2025 ( 4 Places That See a High Number of Sexual Assaults ( places-that-see-a-high- number-of-sexual-assaults/) ( places-that-see-a-high-number- of-sexual-assaults ( contribution/) \ue904 February 27, 2025 ( Thinking About Filing a Lawsuit Against Omegle? This Post is for You ( about-filing-a-lawsuit-against- omegle-this-post-is-for-you/) ( about-filing-a-lawsuit-against- omegle-this-post-is-for-you ( contribution/) \ue904 February 27, 2025 ( Your Morning Smile ( morning-smile-190/) ( morning-smile-190 ( \ue904 February 26, 2025 ( Follow us on Social Media ( id=61559513302596) ( 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 6/7 Contact Us ( FAQs ( Classifieds ( Investment Opportunities ( Advertise with Us ( \u00a9 2024 NewsroomPanama.com 2/27/25, 7:12 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 7/7", "8813_103.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 48 'It was a loud secret': At least 16 women come forward to allege 'sexual harassment and abuse' at Smithsonian's Tropical Research Institute - which is on an island in the Panama Canal total of 16 female scientists alleged rampant sexual misconduct at Smithsonian Tropical Research Institute (STRI) in Panama Women scientists described a pattern of sexual misconduct - ranging from inappropriate comments to touching and rape - by a trio of male researchers One scientist accused Benjamin Turner, director of STRI's biogeochemistry lab, of pressuring her into a sexual relationship and raping her at a conference Two women researchers said that Edward Allen Herre, a staff scientist, kissed one colleague without consent, and greeted women in a towel Two female researchers claimed Egbert Leigh, a former emeritus staff scientist who retired from in 2019 after 50 years, sexually harassed them Turner and Herre have denied wrongdoing, but Leigh admitted to misconduct By PUBLISHED: 21:49 GMT, 9 December 2021 | UPDATED: 22:36 GMT, 9 December 2021 More than a dozen female scientists have made bombshell allegations of sexual misconduct and even rape by male supervisors at the Smithsonian Tropical Research Institute, accusing the prestigious research facility located on a manmade island in Panama of turning a blind eye to a culture of sexual harassment and retaliation for years. The claims by the 16 accusers - many of whom agreed to be fully identified, while some opted to retain their anonymity - were detailed in a sweeping expose that was 6 View comments Site Web Enter your search Gene Hackman's daughters are seen going on a breakfast run to Denny's a day after their father and his Privacy Policy Feedback Friday, Feb 28th 2025 8AM 19 11AM 25 5-Day Forecas 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 1/46 published by BuzzFeed News on Thursday. The women scientists described a pattern of pervasive sexual misconduct - ranging in some of the cases from inappropriate comments to touching and alleged rape - by a trio of senior male researchers, who controlled access to laboratories and data, and whose word could make or break a young researcher's fledgling career in science. All of the suspected behavior played out over the course of more than a decade on Barro Colorado Island in the Panama Canal, which is home to the Smithsonian Institution's only research facility outside the US. Nestled in a dense tropical jungle, the Smithsonian Tropical Research Institute (STRI) is made up of a string of laboratories, field houses and dining halls on the 9.3-square- mile island, which was formed by the creation of Lake Gatun in 1913 during the construction of the Panama Canal. Sarah Batterman, a professor, has accused scientist Benjamin Turner of raping her during a conference in 2011 +9 View gallery wife's dead bodies were found Gene Hackman and Betsy Arakawa were found at mansion with pills strewn in bathroom Abbey Clancy and Peter Crouch reveal strict rule they enforce on their four kids to 'improve behaviour' I'm an airline pilot. This is the terrifying reason so many planes are crashing right now, writes BOSHOFF: Is this new proof Jim Morrison fake his own death? Want to feel good every day? These small actions could make all the difference Donald Trump says Ukraine peace deal will be 'soon or not at all' as he hails 'special' Keir Starmer, hints at trade deal, backs off tariffs and supports Chagos... Miley Cyrus and her siblings are split in toxic family rift, as singer issues chilling ultimatum to dad Billy Ray over his sinister outbursts Read More 00:00 02:24 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 2/46 scientists Benjamin Turner (left) and Edgar Allen Herre (right) have been accused of sexual misconduct. Both have denied wrongdoing Egbert Leigh has admitted to sexual misconduct. He retired from the in 2019 +9 View gallery +9 View gallery +9 View gallery Gene Hackman's daughter breaks silence as she sheds light on her reclusive father who she hadn't heard from for Boost your health and happiness: Top 10 brands to kick-start your wellness journey Haunting new photo that raises terrifying question: Did he help seal his own fate in Dallas pieces together an outrageous cover-up Ex-scaffolder Neil and his wife Karen rent out their three bed semi - to spend their retirement on a never- ending holiday Invisible assassin lurking in your home revealed after disturbing Gene Hackman theory 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 3/46 Nestled in a dense tropical jungle, the Smithsonian Tropical Research Institute (STRI) is made up of a network of laboratories and forest field houses The site employs 40 staff scientists and hosts some 1,400 visitors every year, from undergraduates and interns to postdoctoral fellows and research associates According to STRI's website, the research facility was founded more than a century ago 'with the purpose of increasing and sharing knowledge about the past, present +9 View gallery +9 View gallery Forget the Epstein files, this is the bombshell: Top lawyer makes fresh case for why billionaire was MURDERED... and it's scarily compelling Looking for inspiration? These 10 travel brands will help you plan your dream getaway today From murder allegations to pub bans and a death hoax: The troublesome lives of the BBC's Eggheads thought nodding off in front of the was normal. But it was a sign of disease doctors said could kill me at any moment The Apprentice star Jana Denzel the series during boardroom showdown - after bosses reprimanded him over 'racist language' Left-wing theatre managers who invited 200 migrants to a free show will abandon the building and face bankruptcy as refugees still refuse to leave after three m 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 4/46 and future of tropical ecosystems and their relevance to human welfare.' The site employs 40 staff scientists and hosts some 1,400 visitors every year, from undergraduates and interns to postdoctoral fellows and research associates. One scientist accused Benjamin Turner, the married director of STRI's biogeochemistry lab, of pressuring her into a sexual relationship and raping her at a conference after a night of heavy drinking a decade ago. Seven other women made sexual harassment claims against Turner, who has denied any wrongdoing in an email to a colleague. He left in 2020, a year after receiving the Smithsonian Secretary\u2019s Distinguished Researcher Award, despite having at least one complaint made against him. Two women researchers said that Edward Allen Herre, a staff scientist who specializes in evolutionary ecology, made unwanted sexual advances, kissed one colleague without consent, and greeted women while wearing only a towel total of 16 female scientists have alleged rampant sexual misconduct at the Smithsonian Tropical Research Institute in Panama +9 View gallery +9 View gallery How boy slaves are being dressed as girls and forced to dance for leering Taliban men... before being raped reveals horrifying tribal custom... JFK's 30-year gay love affair: They lost their virginity together, had a secret White House bedroom... and sent erotic letters that left Jackie furious, reveals... Five-bedroom house goes up for sale for \u00a3525,000 - but you won't believe the jaw- dropping interior The everyday dangers that could kill you instantly... including common household items MCKINSTRY: Let's boost the Army slash the welfare bill - by forcing the young unemployed to join up Sex is much better when there's three of us in the bed: me, my wife - and my little blue pill! After being shamed for his Viagra use bites back Gene Hackman's modest Santa Fe life: Retired actor was an 'unassuming' and beloved customer at local hotspots Noel and Liam Gallagher reunite at lavish London hotel with surprise peacemakers as they prepare to embark on Oasis reunion gigs Meghan Markle's show is brutally mocked by Richard Osman and Marina Hyde for its inauthentic 'farm to table bull****' Urgent warning to 3.2m Google Chrome users: 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 5/46 Located on an island in the Panama Canal, the is the Smithsonian Institution's only research facility outside the Herre has denied ever engaging in anything approaching sexual harassment or retaliation, and dismissed one accuser's claims as 'perceived personal slights where none were intended,' according to BuzzFeed. Two female researchers claimed that Egbert Leigh, a former emeritus staff scientist who retired from in 2019 after 50 years, sexually harassed them. The alleged misconduct was said to have consisted of making sexually charged comments about 'pleasuring' his wife, pressing his body against a female colleague, and telling a group of scientists that one of them was causing him to get an erection. Unlike the other two accused men, Leigh - described by one colleague as 'an old- fashioned lecher' - admitted to acting inappropriately and apologized 'for the hurt and discomfort my behavior caused,' he told Buzzfeed News. The alleged inappropriate conduct was not limited to academics at the research facility: two former interns claimed they were sexually assaulted by a chef at the cafeteria, who was reprimanded but not fired after officials concluded that his conduct did not merit termination. BuzzFeed reported, citing internal emails and complaints, that past directors did little beyond issuing warnings or imposing restrictions meant to keep male scientists accused of misconduct apart from their accusers. 'We are sorry if anyone has experienced harassment at and are grateful for those who have come forward to tell us of their experiences,' current director Joshua Tewksbury told the outlets without addressing any of the specific claims. 'We take this responsibility very seriously and we have clear protocols in place to investigate and address people\u2019s concerns as they arise.' Meanwhile, seven of the female accusers said they have stopped visiting the site because of the rampant unprofessional conduct they have either experienced personally or witnessed there. Three women said that a male colleague they complained about has retaliated against them by withholding research data from them, or refusing to hand over samples needed for their projects. ---------------------------------------------------------------------------------------- ---------------------------- The women scientists who have identified themselves after accusing trio of senior male researchers of sexual harassment Sarah Batterman, an assistant scientist at Cary Institute of Ecosystem Studies and associate professor at the University of Leeds, first visited as a PhD student in 2008 and met Benjamin Turner, who ran the lab that analyzed her samples. Batterman said she and Turner struck up a conversation on a tour bus while attending a conference together in Iceland two years later, and the much more senior male scientist invited her and two other young female PhD students on a trip through the country. 'Delete right now The mothers left distraught after the removed their daughters' healthy breasts because the girls said they were transgender Evil vlogging mom Ruby Franke's cruel ways of making her six children obey her are highlighted in new documentary Gene Hackman's 'mysterious' death leaves Oscars team 'scrambling' to put together tribute Epstein files release as Pam Bondi says she still hasn't received full set of documents Revealed: Nostradamus' terrifying 2025 'plague' prediction that may be coming true 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 6/46 Sarah Batterman claims Benjamin Turner raped her during a conference in 2011 When they returned to Panama, Batterman said Turner began taking her out for dinner and drinks, ostensibly to discuss her career and encourage her to apply for a postdoctoral fellowship. On the eve of her departure from Panama, Batterman said Turner drove her back to the hotel and asked if he could come up to her room. As the woman wrote in a complaint to last year, she repeatedly refused, but Turner 'would not take no for an answer started to worry about all the opportunities that could lose if lost his support and felt powerless, so eventually gave in,' she said. The two scientists met again at Turner's suggestion at a conference in Arizona, where Batterman said the male academic pressured her to have sex after heavy drinking. Then in 2011, while the two attended another conference, this time in San Francisco, Batterman claimed that Turner anally raped her after she passed out drunk in a hotel room. Following that encounter, Batterman said she told Turner, who was married and had no plans to divorce his wife, that they had to stop seeing each other because it was 'unhealthy and upsetting.' Batterman claimed that over the next five years, Turner got back at her by withholding data they had jointly collected. The female scientist only got the data set earlier this week after involving a lawyer. ---------------------------------------------------------------------------------------- ----------------------------- Maga Gei also met Turner at the conference in Iceland in 2011 and claimed that he gave her a wet kiss near the mouth without consent and invited her to his room, but she shook her head no. When Gai arrived at as a fellow two years later, she said Edgar Allen Herre one day showed up on her doorstep announced, asking her to help him organize an event. At a later time, she claimed that he gave her a wet kiss near the mouth. Gei left the island in 2013 and has since left the world of academia, opting to work in communications. ---------------------------------------------------------------------------------------- ----------------------------- Meg Carfoot, an anthropologist, said that her relationship with Egbert 'Bert' Leigh began with a conversation over drinks in his field house, which he called his 'chambers,' during which the academic allegedly made an off-color joke about 'pleasuring' his wife during an earthquake, which Carfoot found 'uncomfortable and inappropriate.' Leigh, who became Carfoot's sponsor during a three-month fellowship, often invited her over for drinks, and would have 'explosive reactions' if she were to rejected his I'm a Stanford doctor studying the grim rise of cancer in young people. Now it's killing me too... and there was a glaring warning sign Michelle Trachtenberg's cause of death will never be known after family's dramatic move Charlotte Crosby breaks her silence on In The Style pay row as she hits out - after Jacqueline Jossa demanded to be 'paid what she's owed' Trump makes shock U-turn on calling Zelensky a dictator: 'Did say that had sex with my brother was furious when realized... but the attraction doesn't just go away Vance challenges Keir Starmer on free speech in very awkward Oval Office showdown Immigration judge behind series of controversial rulings contributed dozens of articles to 'open borders' website spent five blissful years with my boyfriend and longed to start a family together... until the day he suddenly vanished. Then made a terrifying discovery t... The adults held to 'inheritance ransom' by their cruel, difficult - but very rich - parents dream of winning the lottery so never have to speak to her aga... 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 7/46 Anthropologist Meg Carfoot claimed that former emeritus staff scientist Egbert Leigh told her he was madly in love with her and wanted to marry her Tana Wood complained to an director in 2018 after hearing from young researchers about Benjamin Turner's allegedly inappropriate conduct invitations. When Carfoot returned to in 2008 as a postdoctoral researcher, she said she became Leigh's occasional chauffer. She said other young female researchers were expected to shop and cook for the elderly scientist, who had recently lost his wife. Carfoot said that during her stay on the tropical island, the widowed Leigh 'confessed' to her that he was madly in lover with her and wanted to marry her. She turned him down. In 2010, Carfoot said she rented an apartment in Panama City just to get away from Leigh. She complained about Leigh's behavior to then director Eldredge Bermingham, who barred the scientist from staying on the island on weekends, or host fewer than three people at any given time at his field house. But as staff, including directors, came and went over the years, the restrictions on Leigh eventually had fallen by the wayside. He retired form in 2019, not long before another researcher filed a sexual misconduct complaint, resulting in his emeritus status being stripped from him. ---------------------------------------------------------------------------------------- ----------------------------- Tana Wood, a research ecologist with the Forest Service, began raising alarms about Benjamin Turner in 2016, when she said she observed the scientist trying to invite a female student on a sightseeing trip in Europe. Around that time, Wood met a student who complained that older colleagues, among them Turner, were acting inappropriately towards her and other young researchers at a conference. Alarmed, Wood began sending emails and speaking with leaders at the Forest Service International Institute of Tropical Forestry. When Wood heard a talk given in 2018 by a University of Puerto Rico professor who described sexual harassment in science as a 'loud secret,' she broke down in tears, and later approached then director, Matthew Larsen, telling him about Turner's alleged conduct. +9 View gallery Idaho murders suspect Bryan Kohberger drops autism bombshell as victims' families push for firing squad Michelle Trachtenberg's haunting premonition after Matthew Perry's death Five... 25 years on! Boyband look dramatically different ahead of new tour - and fans are shocked by what Jason 'J' brown looks like now Wife of Bargain Hunt star Charles Hanson was 'resentful' of his work commitments before using court battle as extension of 'vindictive' divorce, jurors told I'm a Greece expert who has been visiting the country for 40 years. This is my ultimate guide to the 15 islands you must visit - and the ones you should avoid 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 8/46 Katherine Sinacore said she was sexually assaulted by a fellow intern in 2014 Former intern Ellen Dyer said she was sexually assaulted by an chef, who was allowed to keep his job Share or comment on this article: Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct Larsen was concerned and asked Wood to forward him any future complaints about Turner. by 2020, three women had come forward, accusing Turner of harassment and retaliation. ---------------------------------------------------------------------------------------- ----------------------------- Katherine Sinacore, who was doctoral fellow at in 2014, said she was sharing a field house in the forest with tow other interns. Her room had no lock, and she used a rock to keep the door closed. She said one night, one of her roommates forced his way into her bedroom and sexually assaulted her. She reported the incident to STRI, who referred her to the local police. Sinacore never heard of any arrests taking place. Sinacore asked to put locks on doors, but more than a year later, there was still no locks. ---------------------------------------------------------------------------------------- ----------------------------- Ellen Dyer, who in 2018 was a 21-year- old intern researching spider monkey on Barro Colorad, said she was dancing at a party at STRI's cafeteria when a chef grabbed her bottom and pressed his erect penis against her. Although Dyer said she rejected his advances, he allegedly followed her to her room and forcibly kissed her before she managed to get away from him. In her complaint to detailing the incident, Dyer said she stopped going to the cafeteria for fear of encountering the chef and experienced a panic attack panel was convened to investigate Dyer's claims. During interview, the woman said she was asked about how much he had had to drink that night, what she had been wearing, and why she was found herself alone with the chef. The chef was ultimately suspended for two months, but he was allowed to keep his job. Colorado Major supermarkets slash Easter Eggs prices to just \u00a31.40 - but you have to be quick Zendaya lands major role in 5th Shrek film with Cameron Diaz and Mike Myers... see what her character looks like Meghan shares first clip of her new Netflix show and says we are 'all multifaceted folks' while sharing her 'love for Karaoke' with 'fellow Angeleno' Roy Choi Is Taylor Swift having a BABY? Revealed: her overheard date night conversation with Travis Kelce that will send fans into a frenzy Alison Hammond rakes in huge five- figure sum from lucrative deals CONFIDENTIAL: Locals hit out at plans to fell trees at George Michael's London home 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 9/46 48 shares Embed this Shocking moment girl gets snatched and sexually assaulted in 2004: Gene Hackman 'fears dying and wants to take care of family' Moment woman falls into croc-infested water as bungee cord snaps Terrifying bike-jackers swoop on cyclist in London's Regent's Park glance at a glittering career: Gene Hackman's best Bondi says Epstein files likely to be released February 27th Making Waves! Bizarre square swells surround fishermen in Turkey Pam Bondi says she is currently reviewing Epstein files Newest Oldest Best rated Worst rated Comments 6 Share what you think The comments below have been moderated in advance. alphasavage, Los Angeles, United States, 3 years ago If that program has no merit, it should be shut down. The rapists should be in jail. Click to rate 255 37 State of Trance, Blairsville, United States, 3 years ago I'll wait until there's an admission of guilt or a guilty verdict before passing judgment. Click to rate 148 102 Anonymous, Unknown, 3 years ago Women aren't safe anywhere. C'mon guys give it a rest. Not every woman wants sex with you. Click to rate 292 102 wetsex, philadelphia, United States, 3 years ago People need to be held accountable.. Click to rate 224 23 cherryVance, Signa, United States, 3 years ago And happening on the taxpayers dime. Commenting on this article has ended Log in star who loathed the limelight, Gene Hackman and his wife lived as recluses for decades in their sprawling mansion - watching comedy Call me paranoid, but sense an Establishment conspiracy to bring Harry and Meghan back into the royal fold. This is why it can't happen Jeremy Clarkson delights fans as he shares major update following the closure of his Diddly Squat Farm Shop Barbra Streisand pays tribute to Gene Hackman with sweet snap of the pair after his tragic death aged 95 promising start for and Trump Why putting your handbag on the bed is a filthy habit: Experts tell exactly how to keep your bed free of mould and parasites... and how often to change the shee... The little-known product that leaves you with 'hydrated' and 'plump' skin in just 10 MINUTES: 'Makes my skin look younger' Mail Sport Extreme: Choose your weapon for the new craze of medieval armoured combat! Kirstie Allsopp issues warning to homeowners about little-known feature that could render your property unsellable - as Love It Or List It couple fork out thous... Show more 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 10/46 Powered by Terms | Privacy | Feedback stumbled across my wife's Pornhub search history and it's broken me. 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This beauty app has you covered - here's how to get 10% off your first booking Amanda Holden, 54, wows in a skimpy leopard print bikini as she poses on a car bonnet in sizzling throwback holiday snaps star Gary Lineker defects to rival for 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 15/46 new show which will see him questioned by autistic interviewers Princess Eugenie breaks her silence on Michelle Trachtenberg's death with touching tribute to her 'special friend' Chris Hughes dead aged 77: Eggheads star dies as show pays tribute to 'great' quizzer who also won Mastermind Prince and Princess of Wales 'increase authentic flirt rituals, looks of love and playful amusement', body language expert reveals Damning verdict on new drama hailed as 2025's Peaky Blinders - as it's branded 'a bit desperate' Rob Kardashian's ex Blac Chyna shares shock update on where she stands with the family after $100M lawsuit Reading and Leeds Festival 2025 announce 30 new names joining Travis Scott and Chappell Roan on star-studded line-up Distressing Gene Hackman 911 call reveals moment actor and wife Betsy Arakawa were found dead - as new details emerge Prince William pays tribute to Gene Hackman as 'true genius of film who brought each and every character to life' Michelle Trachtenberg 'knew death was a high possibility' says friend who FaceTimed with actress in hospital 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 16/46 Perry Mason actress Olive Sturgess dead at 91: She also worked with Jack Nicholson and Roger Moore Real Housewives star slams 'entitled' Katy Perry for ruining her father-in- law's dying mansion wish in heartbreaking update on his health Wendy Williams smiles from her assisted living facility amid wild ongoing guardianship battle Mindy Kaling admits feeling 'guilty' about kids' parties after revealing Meghan Markle's parenting advice Sarah Michelle Gellar breaks her silence on death of Buffy The Vampire Slayer costar Michelle Trachtenberg 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 17/46 EastEnders star Samantha Womack co-star Rita Simons' face at mini cast reunion amid soap's 40th anniversary Morgan Wallen addresses Nashville arrest and being his 'own worst enemy' in vulnerable song dedicated to son Pregnant Michelle Keegan cuts a laidback figure as she conceals baby bump in tan trench coat after dazzling in trailer for Ten Pound Poms' second season Amy Robach and T.J. Holmes's exes move in together as they take romance to the next step Shaughna Phillips poses in a bright red bikini as she shows off her whopping 5 stone weight loss 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 18/46 'Finished in style': Eggheads star Chris Hughes' final appearance on beloved quiz show as he dies aged 77 Justin Timberlake's flop era: Slow ticket sales to trainwreck tour amid struggle to repair 'golden boy' image Michelle Trachtenberg's dramatically changing face, from cute kid to glam girl to suddenly ill, as she dies at 39 Diddy is accused of sodomizing male sex worker and threatening to 'Tupac' him after rapper's lawyer quits case Taylor Swift fans go wild as Travis Kelce's retirement decision is finally confirmed Kimberley Garner sends temperatures soaring in a skimpy green bikini as she poses for sizzling snaps 'We've all had our tears': Drag stars honour The Vivienne with dance tribute celebrating their legacy after death aged 32 First look as Claudia Winkleman replaces Graham Norton on his legendary talk show during his extended break Kourtney Kardashian, 45, reveals how long she plans to continue breastfeeding son Rocky, 15 months Stylish star is seen in rare childhood throwback snap as she shows her fashion sense runs in the family - but can you guess who it is 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 19/46 Chris Pratt reveals he's had a lung infection after the birth of three of his children thanks to bizarre ritual with father-in-law Arnold Schwarzenegger As pop legend's son Sean Stewart checks into rehab... Rod may be the only man who can save the dorky but troubled guy got to know Kanye West and Kim Kardashian's ex The Game twin in black hoodies while leaving recording studio Mindy Kaling recalls 'heartbreaking' exchange between her ex B.J. Novak and daughter Katherine Jay Leno hits back at Monica Lewinsky's claims he 'targeted her' over President Clinton affair Doctor Who Christmas special 'set to be scrapped' for first time in six years - amid fears 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 20/46 Ncuti Gatwa is 'poised to leave show was a Hollywood big shot... but no one knew my 'perfect' marriage was a LIE. Other woman must learn from my mistakes Candice Swanepoel looks half her age in a very tiny string bikini while in Mexico Millie Bobby Brown cuts a stylish figure in a denim co-ord as she promotes her new movie The Electric State in Madrid Celebrity offspring Lila Moss and Romeo Beckham enjoy afternoon out in Milan amid the city's fashion week 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 21/46 Peppa Pig star Mummy Pig continues to revel in her new star status as she recreates celeb baby announcements after revealing pregnancy on live Christina Haack regrets not having a prenup with ex Josh Hall: 'It's crazy. He wants to retire off me!' Maisie Smith cuts a stylish figure in a gingham red dress as she enjoys solo night out without boyfriend Max George at the theatre interviewed Blake Lively and was shocked at what she said about working with Anna Kendrick, writes Amelia Gray puts on a leggy display in a grey mini skirt as she heads to the Prada show during Milan Fashion Show Oscar committee members so appalled by woke nominees they're abstaining from voting Fears for 'frail' Billy Joel, 75, mount after 'hobbling' singer suffers shock fall on stage complete timeline of Adam Brody and Leighton Meester's relationship, from 00s teen-drama rivalry to their intimate California wedding Gal Gadot puts on a leggy display in mini grey pleated skirt and blazer as she joins Hunter Schafer at the Prada fashion show in Milan Jacqueline Jossa hits out at In The Style and demands to be 'paid what she is owed' as she accuses 'retailer facing administration' of ignoring her 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 22/46 Cindy Crawford slams Oprah Winfrey for making her 'stand up and show off her body' in resurfaced interview Best actress winner at 'Oscars for background actors' reveals common word you should never use for profession Michelle Dockery cuts a stylish figure in chic trench coat as she hints she is working on a new project after leaving meeting in London Their meatiest role yet: Hollywood's Kiefer Sutherland and Rebel Wilson tuck into a Greggs alongside co- stars Danny Dyer and Lucien Laviscount Doechii leaves little to the imagination as she slips into gold beaded lingerie and giant angel wings for racy photoshoot Lewis Hamilton insists staying unmarried means he can win in F1 his 40s, after string of failed romances, as he attacks 'old white men' 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 23/46 Little Britain star Matt Lucas takes savage swipe at Millie Bobby Brown in her 'mommy era' Cristiano Ronaldo and Jude Bellingham beaten by surprise choice in world's sexiest footballer survey Duchess of Edinburgh shares sweet moment with a little girl as she attends Mother's Union meeting in Chelmsford Noel Fielding makes rare public appearance at a Kasabian gig after pulling out of Apple TV+ series Whoopi Goldberg models bizarre look after demanding trolls stop slamming the appearance of stars like Selena Gomez Gene Hackman's daughter shares how she thinks her dad, his wife and their dog died This Morning fans say segment is 'wrong on so many levels' as mum defends eight-year- olds as beauty influencers Chace Crawford pays tribute to Gossip Girl co-star Michelle Trachtenberg in emotional post after her sudden death Gene Hackman's ultimate fear: Actor revealed his thoughts on death in haunting resurfaced interview 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 24/46 Denise Welch opens up on details of her recent hospital dash and reveals she was 'given a bed within 15 minutes' once someone recognised her Coronation Street's Julia Goulding is 'devastated' as two stars depart the show and she says 'I'm losing all of my mates' Queen Letizia of Spain dazzles in red as she attends university event with King Felipe in Madrid Irina Shayk, 39, is the epitome of chic in a striking black fur jacket as she storms the Blumarine runway during Milan Fashion Week Jessie's Girl singer Rick Springfield, 75, reveals why he microdoses acid Close friends Kathryn Newton and Brandon Thomas Lee sweetly walk arm-in-arm as they leave glitzy Vanity Fair event - 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Influencer says 'yes' to hunky pilot four years after that awkward Casa Amor moment and flirty link to Jack Grealish Michelle Trachtenberg 'in talks' for Buffy The Vampire Slayer reboot before shock death at 39 Distressing new theory on why Michelle Trachtenberg died... with star's mom seeing her just hours before Pete Davidson looks worlds away from his usual self with new clean-cut image as he attends Riff Raff in following his 200k tattoo removal confirms period drama sequel release date for series compared to Downton Abbey 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 27/46 Last photos of reclusive Gene Hackman, 95, and his wife Betsy Arakawa, 64, after couple are found dead at their Santa Fe home Rita Ora showcases her incredible figure in a gold sequinned gown as she puts on a very glamorous display for The Masked Singer Grief-stricken Jennifer Lopez emerges in after trying to 'save' hairstylist Jesus Guerrero before tragic death Peppa Pig reveals major news as Mummy Pig announces she is with her third piglet Breakfast's Carol Kirkwood left 'shocked' by co-star Naga Munchetty's comment to her live on air Tyra Banks, 51, shows off her incredible glow up in an illusion dress as she reunites with Coyote Ugly co-stars for film's 25th anniversary Reverend Richard Coles admits 'death is often followed by dating' as he offers advice to a grieving widow and her son Olivia Molly Rogers rocks chic outfit as she cuddles up to new man Hugo Breakey during romantic date night at Semi Final Series in Melbourne Kate gushes over 'amazing' William and says she's 'felt the support from everyone' - while Prince tells crowd in Wales he's 'still as cheeky as ever' Danny Dyer and his daughter Dani wrap up in matching jackets as they get down to work filming new show The Dyers' Caravan Park in Kent Elizabeth Hurley, 59, shows off her incredible figure in a tiny pink bikini as she 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 28/46 models her swimwear range Emily Blunt cuts a serious figure as she films a car scene while Steven Spielberg works his magic on the set of their new movie The Dish Gene Hackman dead at 95: Iconic actor and wife Betsy Arakawa, 64, are found dead with their dog at Santa Fe home Kate Moss' luxury wellness brand Cosmoss faces a compulsory strike-off less than three years after it was founded Tenacious star Kyle Gass, 64, shows off dramatic weight loss as returns to band's social media with major announcement - after tour was pulled Racy Dixie D'Amelio turns heads as she joins Julia Fox, Sofia Carson and Keke Palmer at Vanities Night for Young Hollywood event Paul McCartney reveals how he reinvented his career following the Beatles split as he announces new project Love Island's Belle Hassan shares heartbreaking post about 'emotional abuse' - after deleting all traces of boyfriend Luke Crosbie from socials 'Frail' Michelle Trachtenberg's tragic final night out: Gossip Girl star so weak she could barely walk down stairs Lila Moss cuts a low- key figure in a varsity bomber jacket and jeans as she steps out in London 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 29/46 Michelle Trachtenberg's teary- eyed boyfriend Jay Cohen speak for the first time after her death as he holds down the family's home in Sean Stewart reveals the disorder that landed him in a rehab facility as he deals with 'past trauma Karl Stefanovic hams it up with wife Jasmine during holiday in Las Vegas - as he breaks out in song with a busker in the middle of the street Jordan Stephens reveals he was asked to appear on Star Wars show but turned it down as bosses wanted him to cut off his dreadlocks New Britain's Got Talent spin-off show with a twist is in the works and applications are already open The 'tough' life of Gene Hackman's 3 children: Hollywood actor admitted his 'success was always hanging over them' Model Simone Holtznagel flaunts her wealth with $2,950 designer handbag as she leads arrivals at podcast launch with Candice Warner Pregnant Poppy Delevingne, 38, looks radiant in a black sequined dress as she attends the Brunello Cucinelli show during Milan Fashion Week Reclusive final decades of Hollywood legend Gene Hackman after he retired from the spotlight and films for 21 years Gene Hackman's heartbroken fans share emotional tributes to the 'legendary' Hollywood star after he and wife Betsy Arakawa were found dead Jade Thirlwall oozes glamour in a low-cut white dress as she joins 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 30/46 stylish Sarah Jessica Parker and Naomi Ackie at Milan Fashion Week's Fendi show Matty Healy's fiance\u00e9 Gabbriette Bechtel goes braless beneath racy mesh top as mother-in-law Denise Welch shares sweet tribute bride reignites feud with her show husband and reveals she 'will never speak to him again' after reunion show drama Francis Ford Coppola and Star Trek actor George Takei leads the heartfelt tributes to 'one of the true giants of the screen' Gene Hackman and wife Betsy Arakawa Netflix fans rave over 'awesome and underwatched' apocalyptic thriller dubbed the streamer's 'best kept secret' Billy Joel, 75, loses his balance and topples over on stage after throwing his microphone: 'He looked frail' George Clooney, 63, looks handsome as ever in a plaid Fedora as he keeps a low profile for a stroll around Gabrielle Union goes braless in a sheer brown dress at Riff Raff screening - after speaking out on husband Dwayne Wade's cancer diagnosis Gene Hackman's greatest screen moments: From his 1967 breakout in Bonnie and Clyde to The French Connectio - how his iconic roles left audiences in awe Giggling Brooklyn Beckham and his wife Nicola Peltz enjoy a date night in Beverly Hills as they return 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 31/46 home following brief trip in London Love It or List It star admits his 'heart is ripped out' as he makes emotional admission about daughter amid family struggle for work life balance Inside Gene Hackman's quiet life with classical pianist wife Betsy Arakawa: From first meeting in a gym to Friday date nights The childhood betrayal that turned Gene Hackman into 'Vesuvius', writes 'The Crown of The Netherlands' to recreate M\u00e1xima's toughest moment: Queen's wedding without her Argentine junta father to feature in season two of the royal drama How Hollywood ruined Gene Hackman's first marriage: Loyal bank clerk supported bid for stardom that made the actor 'selfish' Five are back! Beloved Nineties boyband announce huge tour as they send fans wild with reunion news 25 years after split Hollyoaks star Mikyla Dodd details her battle with an eating disorder after previously shedding nine stone: 'Food dominates my thoughts' Celebrity Traitors suffers another huge blow as legend pulls out of game show after secret talks' Pete Doherty makes exciting career announcement after he revealed he's at risk of having his toes amputated 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 32/46 Blooper reel? Meghan posts then quickly deletes behind-the- scenes footage from new Netflix series featuring husband Prince Harry Gossip Girl star Michelle Trachtenberg's cryptic final Instagram posts raised concern ahead of death at age 39 Eamonn Holmes celebrates his girlfriend Katie Alexander's birthday with a date night at the theatre Scott Disick breaks silence on Mounjaro use after eagle-eyed viewers spotted weight loss drug in his fridge Khloe Kardashian reveals mom Kris Jenner criticised her for performing sex act while dating player The Kardashians baffle viewers for censoring explicit comments about sexual acts after revealing a rating as EastEnders star James Bye takes on the role of Mr Darcy - days after his soap alter-ego Martin Fowler was killed off King Willem- Alexander of the Netherlands under fire for 'interfering in political affairs' by 'securing his sister-in- law Princess Laurentien a government role' Amanda de Cadenet says Michelle Trachtenberg 'knew death was a high possibility' as she FaceTimed her from 'hospital bed' Blake Lively mourns 'fiercely loyal' Gossip Girl co-star Michelle Trachtenberg following shock death at 39: 'She was electricity' Skinny Mindy Kaling gets Kardashian makeover after extreme 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 33/46 weight loss transformation star Gizelle Bryant breaks her silence on Karen Huger's jail sentence in case Patsy Kensit, 56, reveals she has 'conquered' empty nest syndrome following sons James, 31, and Lennon, 25, moving out Robert De Niro reveals unexpected taste of cobra meat after eating it while filming The Deer Hunter Aaron Carter's troubling comments about waking up in Michael Jackson's bedroom aged 15 resurface Huge fortune left by late Coronation Street star to his beloved wife and children Tulisa stuns in a plunging sequin dress as she joins leggy Ashley Roberts, Oti Mabuse and Tasha Ghouri at the Metro Pride Awards Teddi Mellencamp tears up as she gets her staples removed after sharing devastating health update about her brain tumour surgery Real reason Colleen Hoover wiped Blake Lively from her Instagram as author is branded a 'sell out Brandi Glanville's doctor Terry Dubrow shares unsettling update about her disfiguring skin condition Selena Gomez supported by ex Taylor Lautner as he slams her 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 34/46 bodyshamers following her slim Awards appearance Kate Middleton recycles 18-year-old jacket demonstrating her commitment to sustainable fashion Kate Hudson flashes the flesh in a very busty dress as she leads starry screening of her Netflix sports comedy series Running Point Demi Moore's sordid secret diary: Published for the first time, confessions so explosive that husband Bruce Willis locked them away! Inside Michelle Trachtenberg's heartbreaking final days: Gossip Girl star was 'really sick' and 'struggling' prior to her death at 39 Awkward moment Kim Kardashian squirms over cringe 'erection' boast from longevity expert Bryan Johnson Rihanna and Rocky jet back into following Caribbean getaway after his legal victory Jessica Alba debuts meaningful post- divorce tattoo following Cash Warren split Tarek El Moussa accused of threatening ex- employee and 'losing his temper' at assistant in wrongful termination lawsuit Michelle Trachtenberg's secret liver transplant revealed 'after years of struggles' 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 35/46 Oscars host Conan O'Brien rolls out the red carpet in Hollywood for 'most unpredictable' awards race in years Kate Middleton promises to share her special plum preserve recipe with young royal fan in Wales as Meghan Markle rebrands her own line of jams Joe Swash begins surprise new business venture with his ex- girlfriend's dad Amandaland star's family connection to the creator of the sitcom is revealed - as the show continues to delight viewers Hairy Biker Dave Myers' wife Liliana announces touching tribute to husband after he passed away aged 66 following cancer battle Gary Oldman keeps it casual in a Palm Springs top and chinos while running errands in the desert resort city Love It Or List It viewers slam latest 'disorganised' couple to appear on the show and say they just need to 'tidy and paint' cluttered house Haunting resurfaced video shows Michelle Trachtenberg talking about battling bullies Hollywood's most eligible bachelor Kevin Costner flaunts 'wild' single life on Instagram after marriage split Sarah Jessica Parker cuts a chic figure in a knitted dress as she joins leggy Hailee Steinfeld at Milan Fashion Week's Fendi show Teddi Mellencamp breaks silence with devastating health 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 36/46 update about her brain tumor surgery The secret anguish of Gossip Girl star Michelle Trachtenberg... and the 'toxic' teenage abuse claims now resurfacing after her tragic death at 39 Natasha Poly puts on a leggy display in tiny hot pants as she departs the Fendi show after storming the runway during Milan Fashion Week Former Bad Boy Records president sues Diddy's mother over stake in the company after rapper 'coerced him into giving up his shares The Vivienne's father pays heartbreaking tribute as Drag Race winner is honoured with Icon Award at inaugural Metro Pride ceremony Sasha Attwood is seen for the first time since boyfriend Jack Grealish denied knowing mystery blonde he was spotted leaving a bar with Chloe Burrows shares 'traumatising' experience where lifeguards had to rescue her from a riptide during 'chaotic' Australia trip Glastonbury fans predict 'glorious' dance act could finally return for 2025 after hiatus as a result of festival rule Michelle Pfeiffer channels Catwoman in leather while filming new Apple TV+ series with Elle Fanning Michelle Trachtenberg's Gossip Girl co-star Ed Westwick leads heartbreaking tributes 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 37/46 after her shock death at 39 Amandaland viewers weigh in on her romance with eccentric Johannes as the pair share racy moment in latest episode Happy Mondays star Rowetta is seen for the first time since accusing band's frontman Shaun Ryder of beating her up in public in furious spat as she heads out on a dog walk How Jennifer Lopez tried to save hairstylist Jesus Guerrero before his tragic death Annie Kilner hits the supermarket back home in Cheshire after weeks of glam globe- trotting with Kyle Walker and the Rooneys Michelle Trachtenberg dead at 39: Buffy and Gossip Girl star passes away after sharing troubling posts Bella Hadid pulls down her bikini bottoms to flash her abs while modeling a tiny white swimsuit CONFIDENTIAL: Leftie in rant about privilege is really a toff Jason Manford puts his seven-bed family home up for sale for \u00a32.4m - and could be laughing all the way to the bank with a \u00a31m profit in just six years Chris Hoy's heartbreak as doctors told him not to pick up his little girl after tumours fractured his spine 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 38/46 Resurfaced 2003 clip shows Bill Cosby creepily flirting with Sofia Vergara: 'You make me very...' Drake concert employee claims what happened at disastrous final show after he cancelled the remainder of Australia and New Zealand tour Michelle Trachtenberg fired back at health concerns before quietly undergoing a liver transplant ahead of death at 39 Michelle Trachtenberg's Harriet the Spy co-star Rosie O'Donnell breaks silence on her tragic death aged 39 REVEALED: How Travis Kelce and Taylor Swift 'reconnected' after Chiefs star's Super Bowl heartbreak Tatum O'Neal has savage three-word response to being cut out of father Ryan's will White Lotus star responds to open marriage speculation after revealing her husband checks out other people Christine McGuinness sizzles in a plunging neon green mini dress as she poses for snaps with Blue star Duncan James at the Metro Pride Awards This Morning's Josie Gibson shares a worrying update from hospital as she visits Dave Grohl's wife Jordyn is chic at the Beverly Hills Hotel while he is on dad duty 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 39/46 across town as they 'work out' marriage Amanda Abbington flashes a smile as she joins fianc\u00e9 Jonathan Goodwin at the press night of The Last Laugh on London's West End Jennifer Lawrence shows off her baby bump in NYC... as 'early spring due date' fast approaches radio presenter dies suddenly after 40 years on air Charlotte Crosby's daughter gives damning verdict on her mum's Celebrity Antiques Road Trip appearance with Louie Spence as pair suffer losses at auction Kimberley Walsh flashes her abs in a ruffled black crop top and silk skirt as she joins fellow Girls Aloud star Nicola Roberts at the Metro Pride Awards Kate Hudson looks tired on morning show after drunk night out with fianc\u00e9 Danny Fujikawa in Brooklyn Beckham pokes fun at his many career paths as he teases job as a racing driver for new promotional video Maya Jama wows in a strapless white dress as she shares a look inside her night out during London Fashion Week Boy George says he's become the 'gay version' of his father despite his best efforts to be different as he opens up about their complex relationship 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 40/46 Michelle Trachtenberg's first appearances as a child star aged just resurface after her shock death Who is Michelle Trachtenberg's boyfriend Jay Cohen? How the actress found love with her talent agent before her sudden death Awards 2025: Two more performers confirmed to take to the stage alongside Sabrina Carpenter and Jade Thirlwall TOWIE's Elma Pazar shows off her figure in a mini skirt as she joins Sophie Kasaei and Danni Imbert after returning from Love Island villa Kourtney Kardashian mistakenly reveals secret part of her sprawling home Paris Jackson flashes a smile as she shows off her slender figure in a tank top... after announcing engagement Queen Camilla meets Matt Lucas alongside Gavin and Stacey star Rob Brydon, Strictly's Gill and The Voice UK's Danny Jones and Tom Fletcher Blac Chyna leaps to Kanye West's defence as she brands him 'misunderstood' and calls his antisemitic rants a 'cry for help' Hilaria Baldwin under fire from husband Alec over 'horrible' name for four-year-old daughter Lulu First look inside EastEnders' newly rebuilt Queen Vic after pub was blown up for 40th anniversary episode Can 'sad dad at karaoke' Will Smith save his career? Actor 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 41/46 is struggling with weight gain after a string of film flops, marriage woes and Oscars punch Geordie Shore's Marnie Simpson reveals the gender of her third child in sweet clip - after announcing she's expecting again with husband Casey Johnson Kelsea Ballerini gets so mad at fans screaming obscenity about ex Morgan Evans she concert Nitro boost! Queen Camilla left giggling after she was introduced to spanx- clad Gladiator from hit show Millie Bobby Brown she wants to play Britney Spears in a film as she posts more pinup photos Award-winning actor displays dramatic new look as he sports shaved head and muscular physique - but can guess who it is? Sienna Miller enjoys a double date with her ex Tom Sturridge and his fianc\u00e9e Alexa Chung as they toast their friendship with rounds of cocktails Legendary Bargain Hunt host brutally edited out of episode after quitting show for 'personal reasons' - leaving fans gutted Chloe Ferry shows off the results of her removal in a cut-out animal print swimsuit - after revealing she was suicidal and hit 'rock bottom' following botched surgeries Kyle Richards wonders if she would take estranged husband Mauricio Umansky back 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 42/46 Where EastEnders Charlie Slater actor Derek Martin is now as he prepares to turn 92 - nine years after leaving soap Blake Lively dazzles as a sexy bride in teaser for Another Simple Favor amid explosive Justin Baldoni drama Major Hollywood actor cast as Dumbledore in HBO's new Harry Potter series - but not all fans are happy Sex and The City fans stunned after Carrie Bradshaw's Vera Wang wedding dress found in thrift store for $19 Sophia Bush flashes ring on her wedding finger amid Ashlyn Harris romance... 10 months after coming out Gillian Anderson, 56, admits she's 'stopped caring' about her age and calls it 'an advantage' after being unveiled as new L'Or\u00e9al Paris ambassador Sharon Stone stuns in a plunging tasselled co-ord as she arrives at the Antonio Marras show during Milan Fashion Week finally confirms Ten Pound Poms' return date as Michelle Keegan dazzles in first look series two trailer Pink Floyd to release newly restored version of iconic 1972 show in Pompeii in after over 40 years Gogglebox star Ellie Warner reveals new tattoo in private location: 'It's a cover up!' 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 43/46 Jason Momoa, 45, head bangs as he joins heavy metal band Pantera on stage at Wembley Arena Sort Your Life Out viewers rip into 'absolutely tone deaf' episode - and blast family for breaking show records in the most shocking way Olivia Munn reveals the big change she made to her life after facing dark days of cancer battle Today's headlines Most Read Donald Trump says Ukraine peace deal will be 'soon or not at all' as he hails 'special' Keir Starmer, hints... 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Subtle symptom was the sign marathon-running father of two had developed a deadly neurological disease Abbey Clancy and Peter Crouch reveal strict rule they enforce on their four kids to 'improve behaviour' From murder allegations to pub bans and a death hoax: The troublesome lives of the 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 45/46 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies BBC's Eggheads UTLEY: Of all life's small wins, nothing beats hearing those rarest of words: Yes, darling, you were... 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Britain's fish and chips are revealed: Chippy boss reveals how he battered his rivals - but does Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/27/25, 7:12 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 46/46", "8813_104.pdf": "Sexual harassment and assault during fieldwork ( during-fieldwork/) Reports find that attacks on women are a serious problem at scientific stations in Antarctica, while workshops advise on how to better plan expeditions to prevent assaults Francesco Carta / Getty Images exual harassment and assault are chronic and persistent threats to women working at research stations in Antarctica, according to two reports released in the and Australia. The National Science Foundation (NSF)\u2014the USA\u2019s leading basic research-funding agency\u2014announced the results of a survey that involved interviews and focus group discussions, as well as questions answered online by scientists and support staff who worked at the country\u2019s research stations on the frozen continent from 2018 to 2020. In the poll, 72% of women cited sexual harassment as a problem in the community, compared to 48% of men. Regarding sexual assault, the rates were 47% for women and 33% for men. The report includes quotes from the statements given by respondents, without revealing their names. \u201cEvery woman knew down there had an assault or harassment experience,\u201d said one. In 2013, a code of conduct was instituted at stations that expressly prohibits physical and verbal abuse, bullying, hazing, and intimidation. But the perception is that the rules are not always enforced: only 26% of women and 46% of men said that offenders are held accountable. Most complaints were registered at the McMurdo Station, which receives 1,000 researchers in the summer. \u201cThe report is more shocking than expected,\u201d Helen Fricker of the Scripps Institution of Oceanography at the University of California, San Diego, who has been to the region several times, told Science mean, literally, people talked about being raped.\u201d Roberta Marinelli, head of the NSF\u2019s Office of Polar Programs, told Science the agency was surprised: \u201cWe are still working to try to understand how we got to this point and how we move forward.\u201d Another survey, commissioned by the Australian Antarctic Division and released in October, reached converging conclusions. Produced by sociologist Meredith Nash of the Australian National University, the 32-page document contains reports of sexual harassment, unwanted physical contact, sharing of offensive or pornographic material, sexist jokes, and more at the country\u2019s four research stations. It also highlights problems experienced by women during their periods, such as a lack of privacy and poor distribution of sanitary pads. In a statement, David Fredericks, secretary of Australia\u2019s Department of Climate Change, Energy, the Environment and Water, described the report\u2019s findings as \u201cdisappointing and unacceptable\u201d and said that some of Nash\u2019s recommendations were now being implemented, such as increasing the number of women working at the stations. The complaints from Antarctica follow a familiar pattern for episodes of sexual harassment and assault on scientific expeditions in remote locations, where scientists and students spend 24 hours a day together and the boundaries between work and personal life often become blurred. In 2016, American paleoanthropologist Brian Richmond resigned from his position as curator of the Human Origins section of the American Museum of Natural History in New York after being accused of attacking a student at a hotel in Florence and allegations of inappropriate behavior during fieldwork in Kenya (see Pesquisa issue no. 251). In 2021, a BuzzFeed article recounted the testimonies of 16 women who worked at the Smithsonian Tropical Research Institute on Barro Colorado Island, Panama, a laboratory in the middle of the jungle where more than a thousand people carry out studies on climate change, biodiversity, and evolution. The reports, which detailed sexual harassment by scientists in senior leadership positions, included names such as evolutionary biologist Egbert Leigh and ecologist Edward Herre. Benjamin Turner, former head of the institute\u2019s geochemistry lab, was accused of rape in 2011 by Sarah Batterman, now at the University of Leeds, UK. Turner told BuzzFeed that all the relationships he had with colleagues were consensual. In an effort to curb sexual harassment and assault, stricter behavioral standards for expeditions to remote locations and channels for reporting misconduct are being created. But there are suspicions that many cases are never reported 2014 study in the journal by Kathryn Clancy, an anthropologist at the University of Illinois Urbana- Champaign, USA, was based on online interviews with 666 students and researchers, mostly women, who took part in fieldwork in several areas. Almost half of the participants were anthropologists, but there were also archaeologists, biologists, geologists, and others. Of the 512 women involved, 70.5% responded that they had experienced sexual harassment. But only 67 respondents said they had reported it. New approaches to tackling the problem are based on improved expedition planning to prevent situations of vulnerability and training on how to deal with possible cases. \u201cPeople have no clue what to do,\u201d said marine ecologist Melissa Cronin, director of Building a Better Fieldwork Future (BBFF), an initiative that offers workshops and training on the topic, in an interview with Undark magazine. \u201cThe goal of our training is to empower participants to create a positive environment in their field settings.\u201d Since 2018 has carried out more than 300 training sessions involving some 5,000 people. The workshops last 90 minutes and emphasize the importance of properly organizing expeditions and discussing co-living rules in advance. The topics covered range from logistical issues, such as how dormitories or tents are organized to avoid making anyone vulnerable at night, to establishing communication protocols to encourage people to watch out for one another and ask for help if they need it. Other recommendations include the adoption of rules related to privacy and to the use of alcohol and drugs. The workshop presents a list of situations that could lead to sexual harassment or assault, encouraging discussions on how to prevent or react to them. In one concrete example, participants are invited to reflect on what to do if someone drinks too much at a party on a research ship, loses consciousness, and is then privately helped by a person with whom they are not friendly or familiar. In another, they are asked to imagine a researcher on an expedition to a remote location comes to them crying at night, claiming to have been raped by the group\u2019s leader. While stressing the importance of preventive strategies, the workshops give recommendations on how to deal with critical situations, such as ensuring there is an emergency protocol for helping rape victims and preserving evidence for a criminal investigation.", "8813_105.pdf": "Egbert Giles Leigh, Jr. Born July 27, 1940[2] Richmond, Virginia, U.S.[2] Education A.B., Princeton University (1962) Ph.D., Yale University (1966)[2] Spouse Elizabeth Hodgson[1] Scientific career Fields Evolutionary ecology Institutions Smithsonian Tropical Research Institute (1969\u2013) Princeton University (1966\u2013 1972) Academic advisors G. Evelyn Hutchinson[1] Website stri.si.edu/scientist/egbert-leigh ( t-leigh) Egbert Leigh Egbert Giles Leigh, Jr. (born July 27, 1940, in Richmond, Virginia) is an evolutionary ecologist who spends much of his time studying tropical ecosystems.[2] He is a researcher for the Smithsonian Tropical Research Institute and is well known for the work he has done on Barro Colorado Island. He is a citizen, but has resided at the Smithsonian in Panama for nearly 50 years.[3] Along with studies on Barro Colorado Island, Leigh is also known for the research he has done related to the Isthmus of Panama and its historical significance on the evolution of South American species. When he was a young man, Leigh's initial interests had him drawn to topics of history biology teacher he had in the 10th grade changed that by shifting his interests to that of biology.[4] From then on, he pursued an education in biology, but still incorporated his initial interest of history into his studies. Leigh received his B.A. degree in mathematics from Princeton University in 1962 and his Ph.D. in biology from Yale University in 1966 while studying under G. Evelyn Hutchinson.[2] Leigh's career began as a teacher. He briefly held an acting instructor position in biology at Stanford University during the spring of 1966, but then took on an assistant professor of biology position at Princeton University which lasted from 1966 to 1972. While in this position, Leigh was appointed by Princeton to act as a biologist for the Smithsonian Tropical Research Institute starting in 1969, one of the first to ever join STRI's scientific staff. His partnership with Princeton and the Smithsonian Tropical Research Institute (STRI) lasted from 1969 to 1972. After 1972, Leigh left his teaching position at Princeton and solely dedicated his time to his research with the Smithsonian Tropical Research Institute.[2] While working with STRI, Leigh was sent around the world to compare altitudinal gradients in tropical forests that included the Ivory Coast of Madagascar and montane forests in India. During this time, Leigh was also based in Barro Colorado Island by from 1969 to 2011 to conduct research on the island.[4] Early life and education Career 2/27/25, 7:12 Egbert Leigh - Wikipedia 1/4 Smithsonian Tropical Research Institute facility on Barro Colorado Island Leigh's primary research interests involve evolutionary biology and, more specifically, how cooperation (within and between species) has evolved and the ways in which mutualism \u201cenhances ecosystem productivity and its diversity\u201d.[5] He also looks to answer the question of why there are such an abundance and diversity of trees in tropical ecosystems and has been involved in research regarding evolutionary biogeography of islands, such as Madagascar and the Smithsonian Tropical Research Institute's Barro Colorado Island.[5] Research by Leigh and his colleagues investigated why it is larger islands have more species who descended from species from the main land compared to smaller islands, even though it has been millions of years since either sized island has been connected to a mainland. Much of Leigh's work was done on the island of Madagascar, considered a large island. When comparing the historical data found on Madagascar and other large islands to the smaller islands, they found that smaller islands tend to have less descendants because the smaller size of the island makes it less attractive for species to colonize. The smaller space increases extinction and decreases opportunities for diversification. This work, along with countless other studies performed by Leigh and his colleagues contributed to the framework of island biogeography and provided supporting evidence to its influence on the evolution of tropical ecosystems.[6] In the world of science, Barro Colorado Island is considered one of the most famous tropical forests in the world due to the intensity in which its ecosystem has been studied. Research on the island has been under the supervision of the Smithsonian since the mid- 1960s, which is when the Smithsonian Tropical Research Institute was formed.[7] Leigh has been part of long-term forest and climate monitoring studies, which were implemented by the Smithsonian Tropical Research Institute during its formation and continue to present day. However, his work on the island has consisted of mainly synthesizing other people's data vs doing his own field work.[5] In this way, he has acted as an advisor for other scientists' projects and helped to connect all of the research into a bigger picture that depicts how tropical ecosystems change over time. Much of Leigh's research focuses on explaining how present-day species came to be by examining how their ancestors evolved under the influential changes of geography the earth has experienced over its lifetime. The Isthmus of Panama is one of those geographical structures that has changed over millions of years. Three million years go it formed, connecting North and South America, and caused an exchange of species between the two continents known as the Great American Biotic Interchange. This greatly affected the biota of South America, a continent that had originally been isolated for over Research contributions The evolution of island biogeography Barro Colorado Island, a \u201cNature Monument\u201d Historical biogeography 2/27/25, 7:12 Egbert Leigh - Wikipedia 2/4 Isthmus of Panama 50 million years, by connecting it to the rest of the world. At the time the isthmus formed, North America was also connected to the rest of Eurasia by another land bridge. Leigh's work has examined how the flora and fauna changed in Panama since the formation of the isthmus and how it influenced the tropical ecosystems of South America known today.[8] In 2021, Leigh admitted to Buzzfeed News that he sexually harassed colleagues throughout his time as a field researcher at the Smithsonian Tropical Research Institute. Among other items, Leigh admitted to sexually obsessing over junior colleagues, discussing explicit details of sexual acts in professional settings, and greeting at least one female student under his supervision by \"lifting her up by the waist, pressing his body against hers, and leaning back\".[9 Leigh, Jr. 2017. Cooperation, Evolution of. Reference Module in Life Sciences, Elsevier. This paper synthesizes much of Leigh's research over the years on the evolution of cooperation. It addresses how cooperation evolves by elimination of cheating behavior, which does not benefit the common good Leigh, Jr. 2010. The group selection controversy. Journal of Evolutionary Biology 23: 6-19. In this paper, Leigh summarizes the debate of whether or not Darwinian natural selection supports cooperation in nature. He uses his own research and the research of other scientists to support a stance that states there is a relationship between natural selection and cooperation Leigh, Jr. 2008. Tropical forest ecology: sterile or virgin for theoreticians? pp. 121\u2013144 in W. P. Carson and S. Schnitzer, eds. Tropical Forest Community Ecology. Wiley-Blackwell. The significance of this paper lies in Leigh's use of mathematical theory to analyze forest ecology and its spatial arrangements. Leigh, E., & Ziegler, C. (2016 Magic Web: The Tropical Forest of Barro Colorado Island (2nd ed.). Washington, D.C.: Smithsonian Institution Scholarly Press. This publication is one of Leigh's most well-known works due to the narrative it gives about the scientific endeavors that occurred on Barro Colorado Island. Coupled with Ziegler's phenomenal photography, this book allows people to visit the island from the comfort of their living rooms and gain an understanding of the important research happening there. Leigh, E. (1999). Tropical Forest Ecology View from Barro Colorado Island. New York, New York: Oxford University Press. Sexual harassment Notable publications 2/27/25, 7:12 Egbert Leigh - Wikipedia 3/4 Another well-known publication by Leigh, this book describes the relationship of ecosystem biology to evolutionary biology and population/community ecology. It uses Barro Colorado Island as the example ecosystem to depict these relationships. 1. Sapp, Jan (2016). Coexistence : the ecology and evolution of tropical biodiversity. New York 9780190632441 956501880 ( 2. \"Curriculum Vitae: Egbert Giles Leigh, Jr\" ( (PDF). Smithsonian Tropical Research Institute. Retrieved 2018-12-17. 3. PerezJI (2012-10-05). \"Profile: Egbert Leigh\" ( Smithsonian Tropical Research Institute. Retrieved 2018-11-14. 4. S. Tejada (personal communication, November 20, 2018) 5. GonzalezJH (2017-02-10). \"Egbert Leigh\" ( Smithsonian Tropical Research Institute. Retrieved 2018-11-14. 6. Egbert Giles Leigh, Annette Hladik, Claude Marcel Hladik, Alison Jolly. The biogeography of large islands, or how does the size of the ecological theater affect the evolutionary play. Revue d\u2019\u00e9cologie, 2007, 62, pp.105-168. <hal-00283373> 7. sysadmin (2016-10-31). \"Barro Colorado\" ( Smithsonian Tropical Research Institute. Retrieved 2018-11-14. 8. Leigh, Egbert G.; O'Dea, Aaron; Vermeij, Geerat J. (2013-07-19). \"Historical biogeography of the Isthmus of Panama\" ( df) (PDF). Biological Reviews. 89 (1): 148\u2013172. doi:10.1111/brv.12048 ( brv.12048 1464-7931 ( 23869709 (http s://pubmed.ncbi.nlm.nih.gov/23869709). S2CID 9481569 ( D:9481569). 9. Jha, Nishita. \"Women Scientists Described Culture Of Sexual Misconduct At The Smithsonian's Tropical Research Institute\" ( -research-institute-metoo). Buzzfeed News. Buzzfeed. Retrieved 9 December 2021. Retrieved from \" References 2/27/25, 7:12 Egbert Leigh - Wikipedia 4/4"} |
8,304 | Tredell Dorsey | Georgia Southern University | [
"8304_101.pdf",
"8304_102.pdf"
] | {"8304_101.pdf": "The George-Anne Media Group \u2022 April 27, 2017 \u2022 sexual-battery/ Former football coach indicted on two counts of sexual battery Jozsef Papp Tredell Dorsey, the former Georgia Southern football strength and conditioning coach, is awaiting trial on sexual battery charges. The trial involves the same employee who accused Dorsey of harassment. Dorsey was placed on administrative leave with pay on July 7 following the submission of an incident report to the Equal Opportunity & Title office on July 6, according to the Title report. The Title office began to investigate the incident report. Following the conclusion of the investigation, the university terminated Dorsey for inappropriate conduct, including violation of university policies regarding harassment on Aug. 15, 2016. This occurred after months of \u201congoing text messages containing inappropriate jokes and references from April 2016 through July 2016,\u201d according to the Title report. On July 1, 2016, Dorsey allegedly sexually assaulted the accuser, who at the time was a Georgia Southern employee, according to documents received from the Bulloch County Clerk\u2019s Office court documents. On Nov. 8, Dorsey was charged with two counts of sexual battery. Both counts of sexual battery were indicted and sent to the court, according the court documents. In addition, an aggravated sexual battery count and rape count were no-billed after the grand jury failed to find enough evidence to charge Dorsey, per the court documents. As of Monday, no court date has been set for the trial. What happened? The following is the account of what occurred on July 1. All information presented here is from the Title report. On July 1, 2016, Dorsey and the woman agreed to go out for drinks after a long day at work. They decided to meet at a local food establishment and have a couple of drinks, as friends, according to the accuser\u2019s account in the Title report. According to Dorsey\u2019s account, after a couple of drinks, she agreed to let Dorsey drive her home instead of calling an Uber. According to her account of the event, Dorsey attempted to kiss her in her car, an act which she refused. Screenshot of text messages in the Title report. The accuser is in bold, Dorsey is in regular text. This text message exchange took place April 14, 2016. Dorsey then asked if he could use her bathroom to which she agreed. As Dorsey was in the bathroom, she sat down on her bed, according to Dorsey\u2019s account. She said that she began to have flashes in which she saw Dorsey taking her pants off, giving her oral sex and penetrating her, according to the accuser\u2019s account. Dorsey, in his statement, denied that he had kissed her, rather that she had kissed him, twice. In addition, Dorsey said that after he exited the bathroom at her apartment, they sat on the bed and began to kiss each other. Dorsey said that he pulled down her pants and performed oral sex on her, according to his account of events on the Title report. Dorsey stated that he called her name as he was performing the sexual act at that time but received no response, which caused him to end everything, he then covered her up and left, according to the Title report. He texted her later that night stating passed out on me\u201d and \u201cSorry just left\u2026Covered you up and left\u2026\u201d, according to transcripts of the text messages in the Title report. She responded with a text message saying woke up to you having sex with me,\u201d to which Dorsey responded with stopped cause you where [sic] passed out,\u201d according to the text messages in the report. Relationship before the incident Prior to the July 1 incident, Dorsey had texted her multiple comments that could be considered inappropriate that also violated the University\u2019s harassment policy, according to the Title report. Some text messages, included on the Title report, Dorsey sent to her included: What turns you on? What makes you go!!\u201d April 27\u201cHey wanna make out this weekend? Lol\u201d June 22\u201cWhen can get you drunk and you pass out on me lol\u201d June 27 Around April 26, Dorsey began to make efforts to hangout with her outside of work by texting her, \u201cI\u2019m serious about hanging out before you leave,\u201d according to the Title report. On April 26, Dorsey whispered, \u201cyou look so f***ing good today\u201d in her ear, she said. She said didn\u2019t feel threatened or worried about him at the time. That same day it was the first time they hung out and had drinks, according to her account. Following those events, Dorsey suggested hooking up and becoming, as he stated in one text, \u201cFriends with benefits..\u201d in response to her text, \u201cYeah because we\u2019re just friends,\u201d according to text messages in the Title report. On May 11, they hung out outside of work again and Dorsey began to ask more sex-related questions in person, according to her account in the Title report. Dorsey suggested that they stay in a hotel out of town on different occasions, to which she always declined because she didn\u2019t feel comfortable doing that, especially since Dorsey had a family. Dorsey said in a text message that promise no one would find out unless you ran [sic] your mouth,\u201d according to a text message on the Title report. On May 23, Dorsey began to call her \u201cbabe\u201d, according to text messages. In addition, he began to ask her about previous relationships that she had. She said she started to become concerned and stated that her previous relationship she had was nice because \u201cit was someone around her age, who didn\u2019t have a family,\u201d according to the Title report. On July 1, she agreed to go out with Dorsey for drinks as friends, because she wanted to be have a working relationship with him. Title procedures The Equal Opportunity & Title office is in-charge of investigating sexual assault cases that involve Georgia Southern faculty, staff and students. Joel Wright, the director of the Title office at Georgia Southern, stated that when a sexual assault complaint is filed against a faculty or staff member, the Title Office follows the University System of Georgia\u2019s (USG) sexual misconduct policy. It is similar to the process students follow, with only one difference. \u201cWhen it comes to the adjudication phase, instead of going to a hearing panel, the report is sent to the appropriate vice- president. If it\u2019s of a faculty member, then it would be to the provost,\u201d Wright said. The Title office investigates a variety of issues relating to domestic violence, dating violence, sexual assault and stalking. Cases involving two students or a faculty member and student are investigated regardless of whether they occur on or off- campus, Wright stated. Whether or not the Title office conducts an investigation is a decision left up to the victim, however, the office provides resources and support. However, there are some circumstances under which the Title office will conduct an investigation. \u201cWe consider factors such as campus safety. If we have established that there is a pattern of behavior, we might have to investigate regardless of whether the victim would like us to. If we feel like there is a safety issue for others on-campus, then we would investigate regardless as well,\u201d Wright said. According to the 2016 Clery Act report, there were four cases of sexual assault at Georgia Southern that were reported in 2015. National statistics show a different picture. One in five women and one in 16 men are sexually assaulted while in college, according to the National Sexual Violence Resource Center. Wright feels that people are reporting more sexual assault cases because the process has become easier. \u201cWe are seeing a trend to more reporting than less because our process is becoming more transparent. We are doing more education on how to report, where to report, what happens, so people are feeling more comfortable with reporting,\u201d Wright said. \u201cWe see that as a good thing.\u201d Since the Title office simply investigates the cases for the university, they don\u2019t have anything to do with the court proceedings if legal action is taking against the accused. At that point, the Title office will help, only if requested by the police or the court. Keith Barber, Dorsey\u2019s lawyer, said he could not comment because it is pending litigation. Ian Leonard contributed to this report. Illustration by McCarthy.", "8304_102.pdf": "The George-Anne Media Group \u2022 November 7, 2017 \u2022 months-probation/ Former football staff member sentenced to 12 months probation Ian Leonard On Aug. 18, 2017 former Georgia Southern director of strength and conditioning, Tredell K. Dorsey, was sentenced to 12 months probation after reaching a deal with State of Georgia prosecutors and pleading guilty to a reduced charge of disorderly conduct, according to court documents. The plea deal marked the end of a nearly year long process that began with a Title Office investigation in July of 2016. After the investigation, Dorsey was terminated by the university for violating the harassment policy, according to his personnel file court case soon followed and Dorsey was indicted on two charges of sexual battery in Bulloch County Superior Court on Nov. 8, 2016. In addition to the 12 month probation, Dorsey was fined for $1,305, according to court documents. Dorsey has had a brush in with the law prior to his employment at GS. In May of 2015, Dorsey was arrested and charged with simple battery in Fayetteville, Ga. while employed at Georgia State University. The case was eventually settled in a pre-trial intervention which placed Dorsey on six-months probation, requiring he pay the victim a restitution fee and he complete an anger management course, according to the court documents."} |
8,351 | Kevin Daniels | William Peace University | [
"8351_101.pdf",
"8351_102.pdf"
] | {"8351_101.pdf": "William Peace University 2013-14 Academic Catalog 2013-14 Academic Catalog This Catalog provides information about the programs at William Peace University and does not constitute a contract with students. 15 East Peace Street, Raleigh, North Carolina 27604 919-508-2000 William Peace University does not discriminate in its recruitment and admission of students, regardless of gender, race, creed, color, religion, age, national and ethnic origin, sexual orientation, disability, or veteran status. William Peace University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award baccalaureate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia, 30033-4097 or call 404- 679-4500 for questions about the accreditation of William Peace University. The University reserves the right to make any necessary changes governing admissions, the calendar, regulations, student charges, courses of instruction, or granting of degrees announced in this catalog. Any changes will take effect whenever University officials deem necessary. It is the responsibility of the student to see that all the degree requirements are met for graduation from Peace and/or transfer to other institutions. 2 | 2013-14 Academic Catalog Dear Student, William Peace University is committed to preparing students to be the leaders of tomorrow and has done so for more than 150 years. Rooted in a liberal arts curriculum focused on career building and personal discovery, Peace gives its students a foundation for ethical lives of leadership and service. Always a leader in jobs or graduate school for graduates, Peace now offers a four-year professional development program as well as an expanded internship program. Our core curriculum is comprised of program-specific courses, and elective courses offering a diverse learning experience and includes courses that are critical for your future, including personal financial management, public speaking, and four years of writing taught by English faculty. This catalog represents a roadmap for you and your advisors and campus mentors as you build toward your life after William Peace University. Not all lessons are taught within a classroom. We encourage students to enrich their university experience through clubs, the arts, student government, athletics, and/or community service. Peace offers more than 30 student clubs and organizations, including publications, academic societies and active fine arts programs. Our athletics program participates in Division in the South Athletic Conference in six women\u2019s sports and three men\u2019s sports with two more men\u2019s sports scheduled for addition in the 2013-2014 Academic year. You will begin to notice some of our building renovations on campus. In January, we announced the beginning of our campus renovations, starting with the Hermann Center to allow for more wellness and athletic space and to include a field house for spring training and intramural sports and a fitness center and weight room. Plans for the Student Center renovations are now underway to offer an updated dining hall, coffee bar, student game and lounge space and student government offices. As a student, you enter a community of graduates past and present including more than 8,000 alumni. More than 90% of our graduates find careers or admission into graduate school within a year of graduation and more than 60% of students reported that their internship experience at led to finding a job. Our outcomes are closely linked to our programming and the building blocks of a fulfilling education are detailed in this catalog. At William Peace University, your success is our mission and we look forward to helping you grow and succeed as you embark on your educational journey. Debra M. Townsley, Ph.D. 3 | 2013-14 Academic Catalog Table of Contents ............................................................. 11 ....................................................................................................................... 11 ............................................................................................................. 11 .................................................................. 11 .............................................................................................................................. 11 .................................................................................................................. 11 ........................................................................................................................ 12 Spiritual Development ....................................................................................................... 12 Student Activities .............................................................................................................. 12 Fine Arts ............................................................................................................................ 12 Athletics ............................................................................................................................ 13 .............................................................................. 13 ..................................................................................................... 14 ......................................................................... 14 Nondiscrimination Policy ................................................................................................... 14 Observance of Religious Holidays ...................................................................................... 14 Sexual Harassment Policy .................................................................................................. 14 Communication During Weather or Other Emergencies ................................................... 14 Drug Free Campus ............................................................................................................. 15 Oversight by the Board of Trustees ................................................................................... 15 On Being a Member of the Campus Community ............................................................... 15 Use of Directory Information ............................................................................................. 15 Ongoing Assessment of the Educational Experience ......................................................... 15 .................................................................................................... 15 ................................................................................................. 15 ..................................................................................... 16 ..................................................................................................................... 17 First-Year Student Admission ............................................................................................ 18 Early Admission after Junior Year ...................................................................................... 19 Transfer Students .............................................................................................................. 19 International Students .......................................................................................................20 ......................................................................... 21 4 | 2013-14 Academic Catalog North Carolina Community College Comprehensive Articulation Agreement (CAA) .........22 General Education Transfer Core .......................................................................................22 Comprehensive Articulation Agreement and William Peace University Requirements .....22 All Other Transfers (Non-CAA) .......................................................................................... 23 .................................................................................... 23 College Level Examination Placement (CLEP) ................................................................... 23 College Entrance Examination Board Advanced Placement Examination (AP) ................. 25 Military Service Schools and Military Examination Credits (Dantes) ................................. 26 Non-traditional Coursework (ACE) ................................................................................... 26 27 ......................................................................................... 27 ........................................................................................... 27 ........................................................................ 28 ................................................................................... 28 .............................................................................. 28 ............................................................................................................ 28 2013-14 ...................................................................... 28 ..................................................................................... 28 ....................................................................................................... 29 ................................................................................................................ 29 .............................................................................................. 29 ...................................................................................................................... 29 Part-time Fees .................................................................................................................. 29 Other Fees ........................................................................................................................ 29 .............................................................. 30 ..................................................................................................... 30 .......................................................................................... 30 ........................................................................................................ 31 .......................................................................................... 31 Statement of Student Financial Responsibility .................................................................. 31 Refund Checks Due to Excess Financial Aid ....................................................................... 31 Tuition Insurance Refund Plan ........................................................................................... 32 ............................................................................................. 32 5 | 2013-14 Academic Catalog The Financial Aid Application Process ............................................................................... 32 The Financial Aid Award .................................................................................................... 32 Application Deadlines ........................................................................................................ 32 Other Requirements .......................................................................................................... 33 .................................. 33 William Peace University Scholarships and Grants ............................................................ 33 William Peace University Presidential Scholarship ......................................................................... 33 William Peace University Academic Achievement Scholarship ...................................................... 34 William Peace University Challenge Grant ..................................................................................... 34 William University Transfer Merit Grant ........................................................................................ 34 Phi Theta Kappa Honor Scholarship. ............................................................................................... 34 William Peace University Peace Assistance Grant .......................................................................... 34 Sloan Scholars Program for Presbyterians ...................................................................................... 34 Departmental Scholarships ............................................................................................................. 35 William Peace University Leadership Scholarship .......................................................................... 35 William Peace University Honors Scholarship ................................................................................ 35 William Peace Scholarship .............................................................................................................. 35 ................................................................... 35 ................................................................................................... 35 Federal Grants and Loans .................................................................................................. 35 Federal Pell Grants .......................................................................................................................... 36 Federal Supplemental Educational Opportunity Grants (FSEOG)................................................... 36 William D. Ford Direct Loan Program ............................................................................................. 36 Federal Parent Loan ............................................................................................................... 36 Federal Work-Study ........................................................................................................................ 37 State Scholarships or Grants ............................................................................................. 37 State Scholarship Programs ............................................................................................................ 37 North Carolina State Need Based Scholarship (NCNBS) ................................................................. 37 Alternative Loans .............................................................................................................. 37 Veterans Educational Assistance Program ..................................................................................... 37 Scholarships ........................................................................................................................... 37 ..................................................................... 38 6 | 2013-14 Academic Catalog Independent and Dependent Status .................................................................................. 38 Financial Aid Satisfactory Academic Progress (SAP) Policy ............................................... 38 The Standards of Satisfactory Academic Progress for Financial Aid .................................. 38 Satisfactory Academic Progress (SAP) Reviews ................................................................ 39 .................................................................... 40 ............................................................................................................................. 40 ............................................................................. 40 Withdrawal Procedures: ................................................................................................... 40 Withdrawal Policy and Refund Schedule (Full-Time Undergraduate Day): ........................ 41 Institutional Charges and Institutional Financial Aid and Withdrawals: ............................ 42 (R2T4) POLICY: ............................ 42 How a Withdrawal Affects Financial Aid ........................................................................... 42 How the Earned Financial Aid is Calculated ....................................................................... 43 Calculation of Institutional Funds ...................................................................................... 43 Steps in the Return of Title Funds .................................................................................. 43 Step 1: Student\u2019s Title information ............................................................................................. 43 Step 2: Percentage of Title aid earned........................................................................................ 44 Step 3: Amount of Title aid earned by the student .................................................................... 44 Step 4: Amount of Title aid to be disbursed or returned ........................................................... 44 Types of Withdrawals ....................................................................................................... 44 Determination of the Withdrawal Date ............................................................................ 44 Withdrawing Prior to Completing 60% of a Semester ....................................................... 45 When a Student Fails to Earn a Passing Grade in any Course............................................. 45 Students Who Receive All Failing Grades at the End of the Semester ............................... 45 Repayment Calculation Process ........................................................................................ 45 Definition of an Academic-Related Activity ....................................................................... 45 Repayment Calculation of Unearned Aid as a Result of a Withdrawal .............................. 46 Student Notification of Repayment .................................................................................. 46 Repayment to Federal Aid Programs ................................................................................ 46 How Institutional Scholarship/Grant Aid is Affected by a Withdrawal .............................. 46 ..................................................................................................... 47 ..................................................................... 47 .............................................................................. 48 7 | 2013-14 Academic Catalog ...................................................................................... 48 ............................................................. 48 ................................................................................................................ 49 ......................................................................................................... 49 ........................................................................................................................ 50 .......................................................................... 50 (GPA) ............................................ 51 ............................................. 51 ................................................................................................................... 51 .................................................................................................................... 51 ......................................................................................................................... 52 ......................................................... 52 POLICIES............................................................................................................ 52 Drop/Add Policy ................................................................................................................ 52 Course Audit Policy............................................................................................................ 52 Credit Transferrable to Peace ............................................................................................ 52 Acceptable course credits are applicable toward a degree program, but are not used in the computation of the student\u2019s William Peace .Double-Counting Course Requirements .......................................................................................................................................... 53 Course Repeat Policy ......................................................................................................... 53 Grade Appeal Policy .......................................................................................................... 53 Class Attendance and Conduct .......................................................................................... 54 Requesting an Incomplete ................................................................................................. 54 Withdrawal from a Course ................................................................................................. 54 Withdrawal from the University......................................................................................... 55 Continuous Enrollment Policy ........................................................................................... 55 PROGRESS.......................................................................................... 55 Cumulative Requirement ........................................................................................... 55 Academic Probation .......................................................................................................... 55 Academic Suspension ........................................................................................................ 56 Appeal Process for Academic Suspension ......................................................................... 57 Academic Dismissal ........................................................................................................... 57 Academic Progress for Part-time Students ....................................................................... 57 8 | 2013-14 Academic Catalog ...................................................................................................................... 57 Degree Requirements ........................................................................................................ 57 Limits on Degree Completion ............................................................................................ 58 Participation in Commencement ....................................................................................... 58 ........................................................................................................... 59 Academic Advising ............................................................................................................ 59 Bookstore .......................................................................................................................... 59 Career Services ................................................................................................................. 60 Chaplaincy ........................................................................................................................ 60 Counseling Services .......................................................................................................... 60 Developmental Instruction ............................................................................................... 60 Finch Library ...................................................................................................................... 61 Health Services .................................................................................................................. 61 Information Technology Resources ................................................................................... 61 Acceptable Uses .............................................................................................................................. 62 Unacceptable Uses. ......................................................................................................................... 62 Violation of Computer System Security .......................................................................................... 62 Confidentiality. ................................................................................................................................ 63 Copyright Policies ............................................................................................................................ 63 Learning Services .............................................................................................................. 63 Pacer Camp and Orientation ............................................................................................ 64 .............................................................................................. 64 Honors Program ............................................................................................................... 64 Internships (490/491) ........................................................................................................ 64 International Study ............................................................................................................ 65 Academic Honor Societies ................................................................................................ 66 \uf0b7 Alpha Chi National Honor Scholarship Society ....................................................................... 66 \uf0b7 Beta Beta Beta......................................................................................................................... 66 \uf0b7 Gamma Sigma Sigma ............................................................................................................... 66 \uf0b7 Omicron Delta Kappa .............................................................................................................. 66 \uf0b7 Phi Beta Lambda ..................................................................................................................... 66 \uf0b7 Psi Chi ...................................................................................................................................... 66 9 | 2013-14 Academic Catalog \uf0b7 Sigma Tau Delta ...................................................................................................................... 67 Student Publications ......................................................................................................... 67 University Literary Magazine .......................................................................................................... 67 University Newspaper ..................................................................................................................... 67 Conferences and Competitions for Students ..................................................................... 67 Community Service or Service Learning ............................................................................ 67 Cooperating Raleigh Colleges (CRC) .................................................................................. 67 U.S. Army Reserve Officer Training Corps Program (ROTC) ............................................. 68 School of Professional Studies (SPS) ................................................................................ 68 Summer School at William Peace University .................................................................... 69 Master\u2019s Level Articulation Agreements ........................................................................... 69 ........................................................................................................... 69 Bios Award in Biological Science ..................................................................................................... 69 Chemistry Achievement Award for a First-Year Student ................................................................ 69 Elizabeth Gibson Taylor Prose Award ............................................................................................. 69 Ida Withers Currie Award................................................................................................................ 69 Jane Herring Wooten \u201937 Research Grants ..................................................................................... 69 Katharine Bryan Sloan Graham Academic Achievement Award .................................................... 70 Mary Pate Currie Award.................................................................................................................. 70 Nancy J. Frazier Student Service Award .......................................................................................... 70 Outstanding Graduate Award ......................................................................................................... 70 The Peace Times Award .................................................................................................................. 70 Penny English Award ....................................................................................................................... 70 Penny Poetry Award ....................................................................................................................... 70 Psi Chi Outstanding Student in Psychology Award ......................................................................... 70 Schwertman Award for Excellence in English: ................................................................................ 70 Tyner-Crossno Award in History and Political Science.................................................................... 71 W. Robert Everett Business Achievement Award ........................................................................... 71 .............................................................................. 72 Writing (WR) ...................................................................................................................... 72 Empirical Reasoning (EMP)................................................................................................ 72 Ethical Reasoning (ETH) .................................................................................................... 73 10 | 2013-14 Academic Catalog Critical Thinking about Culture and Society (CTC) ............................................................. 73 Professional Readiness (PR) .............................................................................................. 74 ................................................................... 75 ................................................................................................................ 77 .............................................................................................................................. 78 .............................................................................................. 81 .......................................................................................................................... 83 ............................................................................................................... 83 .............................................................................................................. 84 ........................................................................................................................ 86 .............................................................................................................................. 88 .............................................................................................................................. 89 .............................................................................................................................. 90 ............................................................................................................... 90 (PDS) ............................................................ 91 ........................................................................................... 92 ..................................................................................................................... 94 ............................................................................................................................. 96 ....................................................................................... 97 ............................................................................................ 98 ........................................................................................................... 100 .................................................................................................................. 134 ..................................................................................................................... 136 ...................................................................................................... 136 ............................................................................................................................. 137 ............................................................................................................................. 153 .................................................................................................... 161 2013-2014 ................................................................. 168 ............................................................................................................. 170 11 | 2013-14 Academic Catalog William Peace University\u2019s mission is to prepare students for careers in the organizations of tomorrow. Rooted in the liberal arts tradition, the student develops an appreciation for life-long learning, a focus on meaningful careers, and skills for ethical citizenship The University offers the Bachelor of Arts degrees in biology, communication, criminal justice, education, English, liberal studies, political science, pre-law, psychology, simulation and game design, and theatre. Additionally, Bachelor of Science degrees are offered in biology and business administration, and a Bachelor of Fine Arts degree in musical theatre William Peace University offers a variety of special programs that contribute to a student\u2019s overall academic experience: \uf0a7 Professional, course-related internships are required for students in all baccalaureate majors students are required to take four years of writing and participate in a four-year professional development seminar series. \uf0a7 The Career Services Office provides career counseling, listings of internship options, workshops, and a resource library. \uf0a7 William Peace University students have access to courses, library facilities, and on-line databases of other Raleigh colleges and universities through the Cooperating Raleigh Colleges (CRC) consortium. \uf0a7 International study programs are available in several parts of the world, and opportunities are available in a variety of other locations for short-term work, internships, or for a semester abroad special program for honors student scholars is available The University faculty offers individual attention to students, while serving as role models and mentors. More than 80% of the full-time faculty members hold doctoral or terminal degrees in their disciplines. As an institution with a primary focus on teaching, faculty members, not graduate assistants, teach all classes. Faculty members are dedicated to developing each student. The student to faculty ratio is 14:1 William Peace University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award baccalaureate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, GA, 30033-4097 or call 404-679-4500 for questions about the accreditation of William Peace University also has membership in: \uf0a7 Association of Governing Boards (AGB) \uf0a7 Association of Presbyterian Colleges and Universities (APCU) \uf0a7 Chamber of Commerce of Raleigh \uf0a7 Cooperating Raleigh Colleges Consortium (CRC) \uf0a7 Council for Advancement and Support of Education (CASE) \uf0a7 Council for Independent Colleges (CIC) \uf0a7 Downtown Raleigh Alliance (DRA) 12 | 2013-14 Academic Catalog \uf0a7 Independent Collegiate Enterprise (ICE) \uf0a7 National Association of Independent Colleges and Universities (NAICU) \uf0a7 National Collegiate Athletic Association (NCAA) \uf0a7 North Carolina Independent Colleges and Universities William Peace University maintains a vibrant, picturesque campus in the center of the busy capital city of Raleigh, North Carolina. It is located on 21-acres and features a mix of historic and contemporary facilities. The following are the major facilities on campus: \uf0a7 Main (1872, administrative offices, faculty offices and residence hall), which houses the Mary Howard Leggett Theatre and James Dinwiddie Chapel \uf0a7 William C. Pressly Arts and Science Building (1964, science labs, classrooms, visual arts, and labs) \uf0a7 Marian N. Finley Residence Hall (1964) \uf0a7 Mary Lore Flowe Building (2000, academic classrooms, labs, and faculty offices) \uf0a7 Browne-McPherson Fine Arts Center and Kenan Hall (1974, fine arts, academic classrooms, dance studio, and offices) \uf0a7 Lucy Cooper Finch Library (1969, renovated and expanded 2009) \uf0a7 S. David Frazier Hall (1928, Office of Admissions, Office of Financial Aid, and residence hall) \uf0a7 Irwin Belk Hall (1967, dining hall, bookstore, and Student Services Offices) \uf0a7 Joyner House (Health Services) \uf0a7 Grover M. Hermann Athletic Center (1963, renovated and expanded 2012, gymnasium, locker rooms, weight and fitness rooms, and offices) \uf0a7 Ragland Tennis Courts \uf0a7 William G. Ross Residence Hall (1969, updated 2012) \uf0a7 James A. Davidson Residence Hall (1986, updated 2012) \uf0a7 Bingham Residence Hall (2005) Spiritual Development William Peace University is historically affiliated with the Presbyterian Church USA, especially through its ties with the First Presbyterian Church of Raleigh. However, the University is nonsectarian, and diversity in religious beliefs plays an important role in our campus community. Spiritual development is enhanced through weekly chapel services, by an on-campus chaplain, and by student-led religious organizations of interest. Student Activities William Peace University has more than 30 student-led groups with many opportunities for leadership. Spiritual life, sports, special interest and academic clubs, intercollegiate athletics and student government are among the areas sponsoring a variety of student activities. Each semester, the Office of Student Services department hosts an Involvement Fair for students to explore all of the clubs and organizations at William Peace University. Fine Arts William Peace University Singers celebrate all genres of music. With glee club ties dating back to the late 1800\u2019s remains dedicated to entertaining audiences with a wide repertoire including pop, classical, contemporary, country, swing, patriotic, Broadway, gospel and jazz. This multi-talented 13 | 2013-14 Academic Catalog troupe represents the brightest and best from a variety of majors across the University. Known for their \u201csinging team\u201d approach, they consistently showcase the musical talents of the 15-30 vocalists through full ensemble selections, as well as small groups and solo presentations. Maintaining excellence on and off the stage, this active ensemble also serves as the official ambassadors of William Peace University, singing for community events alumni and across the state all the while connecting the University to alumni, friends and communities beyond North Carolina. Students also have an opportunity to participate in the theatre and musical theatre both on stage and behind the scenes. There are three to four productions each year and other opportunities, such as improvisational theatre. Athletics William Peace University currently offers five men\u2019s and six women\u2019s teams. The University is a member of the National Collegiate Athletic Association (NCAA) Division and competes in the South Athletic Conference. The campus also offers club and intramural sports. See the Student Handbook for more information William Peace University is located in the heart of Raleigh, North Carolina. It was chartered in 1857 as Peace Institute, offering education for boys and girls in primary grades and to women from high school to college. The school is named in honor of William Peace, a Raleigh businessman and church elder, who pledged $10,000 to the Rev. Joseph M. Atkinson in trust for the First Presbyterian Church. The gift was used to establish Peace Institute. The Civil War interrupted construction of the University\u2019s Main Building when the Confederate government used it as a military hospital. After the war, the federal government used the building as the North Carolina headquarters for the Freedmen\u2019s Bureau, which helped former slaves, establish new lives. Peace Institute opened in 1872, when the First Presbyterian Church regained ownership of the property and repaired the Main Building. R. Stanhope Pullen, a local businessman and philanthropist, who owned the eight acres of land the campus is built on, signed over ownership of the property to the Peace Institute in 1878. By 1940, Peace offered an academic program for young women that encompassed the last two years of high school and the first two years of college. During the 1960s and early 1970s, Peace College saw its greatest growth with the construction of 11 new buildings and many renovations to existing structures. Peace College transitioned into a four-year baccalaureate institution during the mid-1990s, awarding its first baccalaureate degree in 1996. Additionally, Peace began offering coeducational evening courses through the William Peace School of Professional Studies in 2009. In 2011, the Board of Trustees unanimously voted to transition Peace\u2019s day program to coeducational and to rename the college William Peace University. The University\u2019s first male students in the day program matriculated in the 2012-2013 academic year. 14 | 2013-14 Academic Catalog William Peace University\u2019s mission is to prepare students for careers in the organizations of tomorrow. On average, more than 90 percent of the University\u2019s graduates are working in jobs or attending graduate school within one year of graduation William Peace University is located in the heart of downtown Raleigh, North Carolina. Raleigh is the capital of North Carolina and one of the fastest growing cities in the southeast. The city has received many accolades including one of the best cities for young professionals, students, and cultural events. Students have access to the North Carolina Museums of History, Natural Science and Art; the Progress Energy Performing Arts Center; the Raleigh Amphitheater; and the Convention Center. The North Carolina State Capital, Legislative Buildings, and Governor\u2019s Mansion are all within walking distance. Restaurants and retail abound. Many concerts and events are available throughout the year downtown. Downtown landmarks are walking distance from campus. Students can also ride the downtown circuit \u201cR-Line\u201d bus which stops in front of the campus and is free Nondiscrimination Policy William Peace University does not discriminate in its recruitment and admission of students, regardless of gender, race, creed, color, religion, age, national and ethnic origin, sexual orientation, disability, or veteran status. In our employment practices, William Peace University seeks to hire, promote, and retain the best qualified individuals regardless of race, creed, color, religion, sex, national origin, sexual orientation, disability, veteran status, citizenship, or on the basis of age with respect to persons 18 years or older. This is done in accordance with the Civil Rights Act of 1964, Title of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. The University complies with the Family Education Rights and Privacy Act of 1974, as amended, regarding information on file and students\u2019 access to their records. Directory information (name, address, class, and major) may be released, unless the student requests in writing that their information be withheld. Observance of Religious Holidays If a student cannot attend classes because of religious beliefs, the student may be excused and provided the opportunity to make up assignments or exams, which may have been missed as long as the make-up work or tests do not create an unreasonable burden on the University. Students will not be penalized because of religious beliefs. Sexual Harassment Policy Conduct referred to as sexual harassment will not be tolerated at William Peace University. The University, when made aware of a claim, will take appropriate action to investigate the situation and take corrective action, including disciplinary action, if appropriate. Full details of this policy are available in the Student Handbook. Communication During Weather or Other Emergencies Peace has a full \u201cPacerAlert\u201d system where students are informed of weather (or other) emergencies through email, text, voicemail and/or various campus alerts. 15 | 2013-14 Academic Catalog Drug Free Campus William Peace University is a drug-free campus. Please see the Student Handbook for complete details. Oversight by the Board of Trustees Full authority in all matters pertaining to William Peace University rests with the Board of Trustees. This policy-making body holds formal meetings each year. The Executive Committee of the Board of Trustees meets on call throughout the year. The President is the chief administrative officer of the University, acting upon the authority vested in her by the Board of Trustees. On Being a Member of the Campus Community Enrollment which begins at the time of admission, at William Peace University implies full acceptance of all University regulations, including those having to do with conduct. The University, in order to safeguard its scholarship and its moral atmosphere, reserves the right to dismiss any student whose presence is deemed detrimental. In such instances there will be no financial adjustments. Use of Directory Information William Peace University designates the following items as \u201cdirectory information\u201d: student name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, most recent previous school attended and photograph, plus the parent\u2019s name and address. The University may disclose any of these items without prior written consent, unless notified in writing to the contrary by the second week after the start of a term. Ongoing Assessment of the Educational Experience Periodic and systematic evaluation of students at the university-wide level helps William Peace University determine how effectively we are meeting the academic and personal development needs of our students. In addition to using the results of such assessment to make appropriate changes in the curricular and student-support programs at Peace, the information is needed for the Southern Association of Colleges and Schools as part of our continuing accreditation by the Commission on Colleges. All Peace students will participate in this assessment process throughout their years at William Peace University. The different types of assessments focus on: general education knowledge and skills, writing skills, critical thinking, development and achievement of personal and academic goals while at William Peace University. We also conduct surveys about the facilities, programs, and services offered by WPU. Scores on standardized tests used in the assessment work remain confidential and in no way affect student course grades. The results are used solely for examining programs and services offered by the University and to make improvements as deemed appropriate William Peace University acknowledges that each prospective student is an individual. The University takes a holistic approach to admission, considering each application as it is submitted throughout the 16 | 2013-14 Academic Catalog academic year. Applications for full-time undergraduate students are accepted on a rolling basis and decisions are made when applications are complete. Admission procedures for students are defined by the following five categories: \uf0a7 First-Year student (high school senior or graduate) \uf0a7 High school student applying as a junior for early entrance \uf0a7 Transfer student \uf0a7 International student \uf0a7 Former Peace College/William Peace University student (readmission) Regardless of category, a candidate for admission to William Peace University must submit entrance credentials indicating evidence of graduation from a secondary school or other successful experiences that demonstrate the student\u2019s ability to make satisfactory progress at William Peace University. Applications are reviewed individually. Decisions are based on the following criteria in academic courses (see minimum course requirements) \uf0a7 Scholastic Aptitude Test (SAT) (verbal and math only) or American College Test (ACT) scores \uf0a7 course selection \uf0a7 rank in class \uf0a7 personal essay \uf0a7 letter(s) of recommendation \uf0a7 an interview with an admissions representative is also recommended. Further consideration will be given to an applicant\u2019s personal qualifications, co-curricular activities, community involvement, and overall potential for success. Additional consideration of a student\u2019s acceptance will be granted upon the discretion of the Vice President for Enrollment All applicants are encouraged to schedule an appointment to visit the campus and interview with a member of the admissions staff. In some cases, an interview may be required as part of the application process. There is no substitute for a campus visit when you are choosing a university. The William Peace University campus is open for visits throughout the year. Prospective students are encouraged to schedule an appointment to visit the Office of Admissions as follows: \uf0a7 Year-round: 9 a.m. to 7 p.m. Monday through Thursday, 9 a.m. to 4 p.m. Friday, and 9 a.m. to 1 p.m. on Saturday (except on Holiday weekends). \uf0a7 Offices are closed on major holidays throughout the year. \uf0a7 Extended hours are also available by appointment. To arrange for a visit please contact the Office of Admissions online at and click on \u201cSchedule Visit.\u201d If you have a special request to meet with a member of the faculty, a member of the athletic department, or to attend a class, we will do our best to arrange it. 17 | 2013-14 Academic Catalog Applications may be obtained from your high school counselor, through the William Peace University website at the College Foundation of North Carolina website at or by calling the William Peace University Office of Admissions at 1-919-508-2214. All first-time applicants are required to submit a $35 non-refundable processing fee payable to William Peace University with the application. This fee, paid only once, is intended to defray the cost of processing the application and is not credited to the student\u2019s account will consider waiving the non-refundable application fee of $35 for students who submit the College Board Application Fee Waiver Form (available from school counselors). Since William Peace University uses the rolling admissions procedure, applicants are considered for admission as soon as their application files are completed. You will need to submit the following to complete requirements for application: 1 completed application form must be filed with the Office of Admission along with an application fee. 2. Secondary school transcripts should be sent directly to the University. Home-schooled students should submit a self-certified transcript. While a preliminary evaluation can be done with an unofficial transcript, an official offer of admission cannot be made until official transcripts are in the application file. Any prior college official transcripts should also be submitted directly to the University. 3. Test scores from either the Scholastic Aptitude Test (SAT) of the College Entrance Examination Board or the American College Test (ACT) of the American College Testing Program should be submitted to William Peace University. Applicants should take these tests in the spring or summer of the junior year of high school or early in the senior year. In order to have your scores sent directly to William Peace University, enter our code as 5533 for tests or 3136 for tests. 4. Have at least one academic recommendation, preferably from a guidance counselor or teacher, sent directly to the University. 5. Send us a personal essay (250 words) describing a book, person, or experience that has influenced your life. 18 | 2013-14 Academic Catalog The table below is designed to show at a glance what is needed for each type of student wanting to attend Yes High school transcripts and or scores Recommended No later than two weeks prior to the start of Fall and Spring semester classes Notification upon completion of application folder after Junior year of high school Yes High school transcripts and or scores Required No later than two weeks prior to the start of Fall or Spring semester classes Notification upon completion of application folder Yes 24 + attempted credits: only college transcripts; 23 attempted credits and below: high school transcripts and or scores; Dean\u2019s evaluation Recommended No later than two weeks prior to the start of Fall or Spring semester classes Notification upon completion of application folder Yes TOEFL, and translated high school transcripts or needed to be considered for financial aid Recommended May 1 for Fall Semester; October 1 for Spring Semester Notification upon completion of application folder Yes Some (see section above) May be required No later than two weeks prior to the start of Fall or Spring Semester classes Notification upon completion of application folder Yes In some cases: high school transcripts and or scores No No later than two weeks prior to the start of Fall or Spring semester classes Notification upon completion of application folder First-Year Student Admission The major criteria in admissions\u2019 decisions are the strength of the high school course selection and the grades in the academic courses. Below is a list of the recommended academic courses Admissions uses to evaluate a student file: 19 | 2013-14 Academic Catalog English: 4 units Math: 4 units (Algebra I, II, Geometry, & Advanced Math) Science: 3 units (2 lab sciences) Social Science: 3 units Foreign Language: 2 units Students should follow the admissions procedures outlined above. Early Admission after Junior Year Students may apply for admission to William Peace University after completion of their junior year of high school if they can provide written evidence of exceptional academic achievement, emotional stability, and social maturity. Students who apply for early entrance are required: o to have a minimum of \u201cB\u201d (3.00) in academic courses o to be ranked in the top 25th percentile of their class o to have earned scores of 950 or higher on the (math and verbal only 20 o to be interviewed on campus by the Admissions staff To apply for early entrance, students should follow the procedures outlined above in the Admissions At Glance section and submit a final transcript showing all work completed through the end of the junior year. Please note that to be eligible for financial assistance, students must have received a high school diploma or its recognized equivalent (generally General Education Diploma or GED.) Admissions on Probation Students who are admitted to the University with the status of admissions on probation by the Office of Admissions may be limited to 12 credit hours during their first semester. Students must maintain letter grades of at least a C- or higher in addition to earning a grade point average (GPA) of at least 2.0 to avoid academic dismissal. Students should work with their academic advisor and the Academic Services Center throughout their first semester to ensure academic success. Transfer Students Transfer applications are accepted for all class levels. Those applying for transfer from another college must follow the same application procedure and complete the same required units for entrance as outlined for first-time college students. Transfer students must furnish official transcripts of all previous college or university work attempted, whether or not credit is sought. Prospective transfer students who have attempted fewer than 24 credits of college-level work are required to submit or scores and an official high school transcript. All transfer students must have a 2.0 or better. Additionally, transfer applicants are required to submit a completed Dean\u2019s Evaluation form. This form is to be completed by the Dean of Students at the last college or university attended. Upon admission to William Peace University, copies of the transfer student\u2019s official transcript are sent to the Office of the Registrar for evaluation of transfer credits. 20 | 2013-14 Academic Catalog Courses for transfer credit will be evaluated according to the following guidelines: 1. Courses taken at regionally accredited higher education institutions where a grade of \u201cC-\u201d or higher was earned will be accepted for transfer credit, provided the course or courses are applicable to a William Peace University degree program. 2. The maximum number of credit hours allowed for transfer from regionally accredited higher education institutions is 90 semester hours. 3. Only six semester hours are permitted for transfer credit toward minor requirements. 4. Only three semester hours are permitted for transfer credit toward concentration requirements. 5. Courses taken at a accredited institution, with a grade of \u201cC-\u201c or better will be accepted provided they contain academic content and must be approved by the Registrar. 6 (American Council on Education) certified credits may be accepted pending approval of the Registrar. 7. To ensure credit transfer, students enrolled at William Peace University must receive approval from the Registrar before registering for course(s) for credit to be taken at another institution for transfer to William Peace University. International Students William Peace University is authorized by the U.S. Immigration and Naturalization Services to enroll non-immigrant students in accordance with federal regulations. International applicants for fall must complete their application by May 1 for the fall semester or October 1 to be considered for the spring semester. Applicants from foreign countries are expected to meet the same minimal educational background as that of students educated in the United States. The following guidelines are used to evaluate the application of international students: \u2022 William Peace University requires international students seeking admission to complete the Personal Verification Worksheet. \u2022 The Admissions Office must receive official copies of transcripts from all schools attended previously; all forms must be translated into English by an accredited service. William Peace University recommends using World Education Service, Inc. (WES) as a valid source of accredited translation does require a fee for translation. \u2022 William Peace University requires a minimum score of 550 on the written Test of English as a Foreign Language (TOEFL) or a minimum score of 80 on the internet-based from students whose native language is not English. The submission of a lower than minimum score would be considered accompanied by an score above 1000 or an score above 22. To be considered for merit-based scholarships, international students are required to take the or the ACT. Information on the or the may be obtained through Educational Testing Service (ETS), Princeton 08540. \u2022 All applicants are required to submit an admissions application and to provide a copy of their Visa. \u2022 Four years of study of English as a foreign language is preferred; students should have maintained a grade of \u201cC-\u201d or better in such courses. \u2022 Applicants must complete and submit the Certificate of Financial Responsibility with official certification from your bank. \u2022 Any National Examination results, such as British \u201cO\u201d or \u201cA\u201d levels should be submitted as a part of the application. Photocopies of these certificates must be certified by the high school and bear the secondary school\u2019s official stamp or seal. 21 | 2013-14 Academic Catalog \u2022 Applicants must submit a notarized medical form with immunization records upon acceptance to William Peace University. \u2022 Letters of recommendation must be submitted in English. \u2022 The application fee may be submitted in the form of an international money order or bank draft. International students applying under the auspices of Kaplan International or those who are presently enrolled in an American high school or college should contact the Office of Admissions for more information at 919-508-2214. To study at a four-year institution in the United States, each student must obtain an F-1 Student Visa. William Peace University will issue an I-20 after the student completes the following: 1. Apply and be accepted by William Peace University. 2. Pay a $5,000 deposit. 3. Submit certificate of Financial Responsibility with official bank certification. After receiving the I-20 form, the student must then pay the I-901 fee. For more information on this fee, please go to The student must then visit an embassy or consulate to obtain the Visa and receive any additional information. Here are some helpful tips for international students: \u2022 Start early. June, July, and August are typically the busiest months at embassies and consulates. \u2022 Often in countries, there are Education centers that help advise international students on various educational opportunities inside the United States. For more information, please visit the U.S. Department of State website. \u2022 Please keep in mind that it is impossible to transfer a visitor Visa or expired Visa to obtain the proper paperwork for an I-20. \u2022 William Peace University cannot accept students with expired Visas. International students may only take one course online per semester if in the United States on a student Visa. International students are eligible for academic scholarships granted by William Peace University. Normally, international students are not eligible for need-based financial aid. You may be eligible to receive Federal Student Financial Assistance if you meet all of the following requirements: \u2022 Are a citizen or eligible non-citizen of the United States with a valid Social Security number; \u2022 Have a high school diploma or a General Educational Development (GED) certificate or pass an approved \u201cability to benefit\u201d test William Peace University has signed the Comprehensive Articulation Agreement (CAA) with the North Carolina Community College System. This agreement aids in the transfer of credit from colleges within the North Carolina Community College System. For specific details concerning how courses transfer under the CAA, please contact the Office of Admissions by phone 919-508-2214 or email [email protected]. Guidelines for other transfer articulation agreements are available by contacting the Office of Admissions or the Office of the Registrar. 22 | 2013-14 Academic Catalog North Carolina Community College Comprehensive Articulation Agreement (CAA) William Peace University agrees that students who earn an Associate in Arts (AA) or Associate in Science degree (AS) from a member college of the North Carolina Community College System under the terms and conditions of the Comprehensive Articulation Agreement since its inception and who further met Peace\u2019s admissions standards are eligible to apply and may expect the following, if admitted student who has completed the General Education Transfer Core (44 credit hours) shall be considered to have fulfilled the lower-division, institution-wide liberal education requirements of William Peace University and will receive 44 transfer credits. The student must have an overall of 2.0 and a grade of \u201cC-\u201d or better on all transfer courses. General Education Transfer Core (44 credit hours) English Composition (6 credits) Humanities/Fine Arts (9-12 credits) \uf0a7 Four courses (AA) or three courses (AS) are completed from at least three areas: music, art, drama, dance, French, German, Italian, Russian, Spanish, interdisciplinary studies, humanities, literature, philosophy, and religion. \uf0a7 One course must be a literature course. Social/Behavioral Sciences (9-12 credits) \uf0a7 Four courses (AA) or three courses (AS) are completed from at least three areas: anthropology, economics, geography, history, political science, psychology, and sociology. \uf0a7 One course must be a history course. Natural Sciences/Mathematics (14-20 credits) \uf0a7 Natural Sciences (8 credits) - Two courses with labs are completed from among the biological and physical sciences. \uf0a7 Mathematics (6 credits) \u2013 One introductory course is completed from college algebra, trigonometry, or calculus; another course be selected from a qualitative subject, such as computer science or statistics student who has successfully completed the Associate in Arts (AA) or Associate in Science (AS) degree with an overall of 2.0 and an earned grade of C- or better on all courses shall receive 64 semester hours of credit and junior status upon admission to Peace. Comprehensive Articulation Agreement and William Peace University Requirements The Comprehensive Articulation Agreement (CAA) with William Peace University applies only to students who have completed the community college Associate of Arts (AA) or Associate of Science (AS) degrees. It does not apply to students who have completed another type of associate degree (for example, in engineering transfer students who have completed the General Education Core (44 credits) have met the Liberal Education Requirements at William Peace University, except as noted below: 23 | 2013-14 Academic Catalog a) Students will be required to take BSA180 Introduction to Media Literacy, a one-hour course required of all William Peace University graduates. b) Students will be required to take 120 Personal Finance, a one-hour course required of all William Peace University graduates. c) Students will be required to have 201: Statistics for degree requirements. d) Students transferring 29 or fewer hours will be required to take the four-part Professional Development Seminar series (PDS). e 100 will be waived for students transferring 30 or more credits. f 200 will be waived for students transferring in 60 or more hours or for transfer students who have already declared their majors. g) All students will be required to take 300 Workplace Connections, a one-hour course required of all William Peace University graduates. h) All students will be required to take 400, a three-hour course required of all William Peace University graduates. i) Students will be required to complete an internship required of all William Peace University graduates. All Other Transfers (Non-CAA) Students who have attended a member college of the North Carolina Community System without completing general education core, those who have attended a community college in another state, and transfers from all four-year institutions are eligible to apply and can expect the following guidelines to apply: \uf0b7 Students may receive transfer credit for William Peace University\u2019s liberal education requirements as outlined in the transfer equivalency list. \uf0b7 Students will be required to complete the four-year liberal education writing requirement. English composition may be transferred to Peace to fulfill the first-year writing requirement. \uf0b7 Students will be required to take 180 - Introduction to Media Literacy, a one-hour course required of all William Peace University graduates. \uf0b7 Students will be required to take 120 - Personal Finance, a one-hour course required of all William Peace University graduates. \uf0b7 Professional Development Seminar (PDS) requirement transfer student with 29 or fewer credits must complete all four Professional Development Seminars. With 30 or more credits, the student must complete Professional Development Seminar II, III, and William Peace University does not award credit for life experiences. College Level Examination Placement (CLEP) The Educational Testing Service has developed the as a national method of attaining placement and credit. William Peace University recognizes the general examinations of the and selected subject examinations. William Peace University will award credit toward graduation 50% or better score on the approved exams is required for transfer to William Peace University. The following table indicates William Peace University credit for CLEP: 24 | 2013-14 Academic Catalog Business Principles of Accounting 221 50 or above 3 Business Law 270 50 or above 3 Principles of Management 240 50 or above 3 Principles of Marketing 230 50 or above 3 Composition & Literature1 College Composition College Composition Modular 112 50 or above No credit 3 American Literature Analyzing & Interpreting Lit 216 English Lit elective 50 or above 50 or above 3 3 English Literature English Lit elective 50 or above 3 Humanities No credit Foreign Language French, Level 1 French elective 50-65 3 French, Level 2 French elective 66 or above 3 German, Level 1 German elective 50-65 3 German, Level 2 German elective 66 or above 3 Spanish, Level 1 101 50-65 3 Spanish, Level 2 102 66 or above 3 History & Social Sciences American Government 201 50 or above 3 Educational Psychology Psychology elective 50 or above 3 History of 201 50 or above 3 History of 202 50 or above 3 Human Growth &Development 221 50 or above 3 Macroeconomics 212 50 or above 3 Microeconomics 211 50 or above 3 Intro to Psychology 101 50 or above 3 Social Sciences & History History elective 50 or above 3 Intro to Sociology Sociology elective 50 or above 3 Western Civ: Ancient Near East to 1648 History elective 50 or above 3 Western Civ: 1648 to present History elective 50 or above 3 Science & Math2 Biology 101 50 or above 3 Chemistry 111 50 or above 3 College Algebra 111 50 3 College Pre-calculus 112 50 3 College Mathematics No credit Natural Sciences 199 50 3 1 Students may earn only three literature credits. 2 Students who get transfer credit for Biology or Chemistry must take the one-credit lab at WPU. 25 | 2013-14 Academic Catalog College Entrance Examination Board Advanced Placement Examination (AP) Applicants enrolled in advanced placement courses in high school who take the Advanced Placement Examination in May of their senior year and who earn grades of 3, 4, or 5 will be granted credit in appropriate courses. The table below indicates what the transfer credits will be at William Peace University: Score 3 Score 4 Score 5 Test Course Credits Course Credits Course Credits History 201 3 cr 201 3 cr 201 201 6 cr. History of Art elective 3 cr elective 3 cr elective 3 cr. Art Studio Art Drawing Portfolio elective 3 cr elective 3 cr elective 3 cr. Art Studio Art 2 Design elective 3 cr elective 3 cr elective 3 cr. Art Studio Art 3 Design elective 3 cr elective 3 cr elective 3 cr. Biology No Credit 101&Lab 4 cr 101&Lab 4 cr. Chemistry 111&Lab 4 cr 111&Lab 112&Lab 8 cr 111&Lab 112&Lab 8 cr. Economics: Microeconomics 211 3 cr 211 3 cr 211 3 cr. Economics: Macroeconomics 212 3 cr 212 3 cr 212 3 cr. English Literature & Composition 112 3 cr 112 3 cr 112 3 cr. English Language & Composition 112 3 cr 112 3 cr 112 3 cr. European History elective 3 cr elective 3 cr elective 6 cr. French Language No Credit No Credit Foreign Language elective 3 cr. German Language No Credit 3 cr. No Credit Foreign Language elective 3 cr. Government & Politics: United States 201 3 cr 201 3 cr 201 3 cr. Latin: Vergil No Credit No Credit Foreign Language elective 3 cr. Math: Calculus Place in 241 241 4 cr 241 4 cr. Math: Calculus 241 4 cr 241 242 8 cr 241 242 8 cr. Psychology 101 3 cr 101 3 cr 101 3 cr. Spanish Language No Credit No Credit Foreign Language elective 3 cr. Statistics 201 3 cr 201 3 cr 201 3 cr. World History elective 3 cr elective 3 cr elective 3 cr. International Baccalaureate (IB) International Baccalaureate credit is granted to students who have achieved a score of 5 or above in the areas listed below. Students may petition the Registrar for additional or alternative credit if warranted Test Higher Level Exams Course Minimum Score Credit Hours Anthropology 214 5 3 Biology 101 5 4 Business & Management 241 5 6 Business & Organization 199 5 6 26 | 2013-14 Academic Catalog Chemistry 111 112 5 8 Classical Languages\u2014 Greek 199 & 299 5 6 Classical Languages\u2014 Latin 299 & 399 5 6 Computer Science 199 5 3 Design & Technology 199 5 6 Economics 211 & 212 5 6 English 199 5 3 Geography 199 5 6 History 101 5 3 History of Americas 299 5 6 History of East/Southeast Asia & Oceania 299 5 6 History of Europe 103& 104 5 6 History of South Asia & The Middle East 299 5 6 Languages\u2013French, German, Japanese & Spanish Foreign Language 211 5 3* Mathematics 241 5 4 Music 180 5 3 Philosophy 201 5 3 Physics 299 & 399 5 8 Psychology 101 5 3 Theatre Arts 199 5 3 Visual Arts ART199 5 6 Subsidiary Exams Environmental Systems 199 5 4 Mathematics, Further 241 5 4 Mathematical Methods 199 5 3 Physics 299 5 3 Military Service Schools and Military Examination Credits (Dantes) William Peace University follows the recommendations of the American Association of Collegiate Registrars and Admissions Officers as to appropriate credit to be awarded for formal service school courses in the armed services. Peace also accepts and individually evaluates course credits earned through examination utilizing (Defense Activity for Non-Traditional Educational Support Program previously called the United States Armed Forces Institute). Non-traditional Coursework (ACE) Students may be granted credit for courses or programs offered by employers, professional organizations and other agencies only if those courses or programs have been evaluated by the American Council on Education (ACE). ACE's Center for Adult Learning Experiential Web site is: 27 | 2013-14 Academic Catalog Former students who have not been enrolled for at least one semester seeking readmission should contact the Office of Admissions. An interview may be required for some applicants. Applicants for readmission are asked to apply at least two weeks prior to the beginning of classes.3 Former students who have taken a medical withdrawal from Peace will also need to reapply to the Office of Admissions. Applicants for readmission will be required to submit a medical examination form at the time of application, but no later than two weeks prior to matriculation. Additionally, a letter from the student\u2019s physician supporting his/her return to William Peace University will be required before a final decision can be made regarding readmission. Applicants for readmission are required to submit official copies of transcripts from other schools at the time of application, but no later than two weeks prior to matriculation 2.0 cumulative is required for readmission. In the event that the applicant is enrolled in classes at the time of application, he or she will be required to submit an updated official final transcript upon completion of work in progress. Applicants who have been Academically Suspended from William Peace University must provide written evidence as to why they will be successful back at student who is readmitted to William Peace University after an absence of a year or more will be required to comply with the Catalog at the time of readmission readmitted student must pay the required deposit and submit the medical examination form The Dual Enrollment Program allows qualified high school students to take courses at William Peace University for college credit. Students who meet the following academic requirements are eligible for the program: o Class rank in the top 30% of her/his class o Endorsement by the high school guidance counselor o Approval by the high school principal. Interested students may request information on Dual Enrollment from the Office of Admissions. Credits earned through the program may be applied toward a degree at William Peace University provided the student is accepted and enrolls as a degree-seeking student. Students may also request their William Peace University transcript be transferred to another college or university Students with disabilities must meet regular admissions requirements. In addition, they must submit documentation from a licensed psychologist or physician as to the nature and extent of their disability. To receive accommodations through Academic Services, comprehensive testing recommendations with all tests and scores, must be reported. These results must be recent. For additional information, contact the Office of Academic Services. 3 In some cases, a student may be able to use the \u201cContinuous Enrollment Policy\u201d to maintain enrollment. This policy is explained in the Academics section. 28 | 2013-14 Academic Catalog For the fall semester, a tuition and housing deposits for new students are due May 1. For the spring semester, deposits are due December 1. (See the Special Fees section after May 1 for the fall semester and December 1 for the spring semester. Deposits are credited to students\u2019 accounts. Most first-year students live on campus. Please consult the Office of Admissions for details and exceptions to this policy. As soon as a student is accepted into William Peace University, a student is considered a student and must follow and be governed by the appropriate policies, regulations, and procedures of the University Upon acceptance to William Peace University, a student must submit a medical examination report prior to enrollment William Peace University education is a quality education at a reasonable cost. Prospective students interested in William Peace University are encouraged to apply for admission regardless of their financial situation. William Peace University offers generous merit scholarships and need-based grants to qualified students. Please refer to the Scholarships and Grants section of the Catalog for details on financial assistance programs. The University reserves the right to adjust tuition, room and board, and fees if conditions make an adjustment necessary. Consequently, at the time of a student\u2019s future enrollment, expenses may differ from those stated in this particular issue of the Catalog. Advance notice of any adjustments will be provided to students 2013-14 Tuition for full-time day students covers a course load of 12-18 credit hours. All Resident Students: Tuition $23,700 Standard Room and Board 9,0004 Total $32,700 All Commuter Students: Tuition $23,700 Total $23,700 Commuter students are those attending William Peace University full-time or part-time but are not living on campus full-time student is one registered for 12 or more hours per semester. Tuition 4 Students are required to purchase the Meal Plan. Resident students are required to be full-time students. 29 | 2013-14 Academic Catalog charges for full-time commuter students are detailed above. Commuter students registering for fewer than 12 semester hours will be assessed charges at the rate of $790 per semester hour. Commuter students may purchase block meal plans offered by Dining Services Payments for tuition/fees and room and board are due in full by August 1 for the fall semester and by December 15 for the spring semester. Payments, financial aid, and/or a payment plan must be in place by these dates to cover the full semester balance. If the decision to attend Peace is made after August 1 for the fall or December 15 for the spring, payments, financial aid, and/or a payment plan must be in place prior to the start of classes to cover the full semester balance. Class registration may be cancelled at the University\u2019s discretion prior to the start of classes if a student account balance is not fully satisfied by payment, financial aid, and/or a payment plan. All balances are ultimately the responsibility of the student. Unpaid balances owed to the University may be subject to collection action, and all associated costs/legal fees may be billed to and payable by the student William Peace University offers the advantage of up to five monthly payments per semester. There is an enrollment fee of $30 paid to the University each semester for this plan. The first payment for the fall is due by July 5. The first payment for the spring is due by December 5. Monthly fees may be assessed by the University for late payments. Students and parents desiring to use this monthly payment plan can enroll by visiting our web site at and clicking on the am, a current student, and payment plan setup\u201d under the \u201cStudent Accounts\u201d heading Students may purchase copies of official transcripts. To purchase a transcript: 1. Go to 2. Select \u201cAcademics\u201d tab 3. Select \u201cOffice of the Registrar\u201d link on the left 4. Select Login to the Clearinghouse site under \u201cTranscript Request.\u201d There is a charge for each transcript. Transcripts will not be released until a student\u2019s account balance has been paid in full Special or additional fees are listed below. Lab/course fees associated with specific courses can be found on the course listing published by the Registrar\u2019s Office for each semester. Students from Cooperating Raleigh Colleges pay the same additional course fees as William Peace University students. Part-time Fees \uf0a7 1-11 hours $790/credit hour \uf0a7 Credit in excess of 18 hours $790/credit hour (and special permission must be obtained from the Vice President for Academic Affairs) \uf0a7 Dual Enrollment Fee $250/credit hour \uf0a7 Summer courses and internships will be charged at the rate of $250/credit hour. Other Fees \uf0a7 Housing Deposit for Returning Students (nonrefundable) $250 30 | 2013-14 Academic Catalog \uf0a7 New Student Deposit $250 5 \uf0a7 Student Activity Fee $200 \uf0a7 Parking Fee $200 \uf0a7 Stop Payment Request Fee $25 \uf0a7 Returned Check Fee $25 \uf0a7 Replacement Student Identification Card Fee $25 \uf0a7 Health Insurance Fee $1479 (see below) \uf0a7 Graduation Fee (including diploma) $150, whether or not the student attends the graduation ceremony; duplicate diploma $25 \uf0a7 Continuing Enrollment Fee $100 \uf0a7 Transcripts of Academic Records Fee $10 \uf0a7 Copy of records is $2.00 per page, other than transcripts. \uf0a7 Residence Hall Room Key Replacement Fee $100 \uf0a7 Student Teaching Fee $300 \uf0a7 Education Practicum Fee $50 \uf0a7 Credit by Examination Fee $50 \uf0a7 Lock out fee (at third lockout) $50 \uf0a7 First-year student orientation $200; transfer student orientation $100 \uf0a7 Lab Fees (vary by course, if required) \uf0a7 Books, supplies, and spending money are not included in the above charges Students should have their bill paid in full and have paid a $250 nonrefundable deposit to participate in the Spring room selection for the coming fall. The $250 deposit will be applied to your Fall account All new students must pay a $250 tuition deposit. New student deposits are due by May 1 for the Fall semester and December 1 for the Spring semester. After these dates, the deposits are nonrefundable. Deposits are credited to students\u2019 accounts new student must notify the University in writing that he or she no longer wishes to enroll/or live in housing in order to obtain a tuition/or housing deposit refund prior to the July 1 or December 1 deadline for refunds. New international students must follow the financial procedures outlined in the section on international students The University requires all full-time day students to have health insurance. Students who already have coverage must provide proof of insurance and complete the online insurance waiver form annually prior to the beginning of the semester in which the student enrolls. Students enrolling for the fall semester may begin completing their waivers during the summer break leading up to the beginning of the semester. Full-time students who do not have health insurance, and those who do not complete the online waiver, will automatically be billed on their student accounts for the injury and sickness policy offered by the University. The policy is administered through for those students beginning in the 5 Within a limited time, deposit may be refundable. See Student Handbook for more detail. 31 | 2013-14 Academic Catalog fall. The cost covers both semesters and is prorated for students who begin studies in the spring. Students are responsible for filing all claims. Online waivers are required to be completed within seven (7) days of the start of the semester. Students who enter William Peace University after this date must notify the Office of Student Accounts within the first four weeks of the start of the semester with proof of insurance to have the charges waived. After the first four weeks of the semester, failure to submit substantial proof of coverage will result in the full amount of the policy due. The Wellness Center staff offers various lab tests and physicals for a small fee. See the Nurse for details Tuition deductions are allowed in the following situations: \uf0b7 Full-time students who are dependent children of Presbyterian ministers or Presbyterian missionaries (home or foreign) are given tuition deductions of $500 per semester. \uf0b7 When siblings are simultaneously enrolled at Peace, a $500 per semester deduction is made for each enrolling sibling after the first enrolled student William Peace University will continue to make every effort to contain costs .The Trustees, however, reserve the right to make changes in tuition and fees at any time. Normally, tuition and fees are reviewed annually by the Board of Trustees. Statement of Student Financial Responsibility Students are responsible for all costs and charges incurred and agree to remit payments to William Peace University in a timely manner. The University provides several payment options for satisfying current obligations including a non-interest payment plan. Also explained elsewhere are the refund policies for students who withdraw from courses and withdraw from the University. In many instances, when a student withdraws, a financial obligation to still exists and must be paid in full before transcripts or other official documents are released. The University actively pursues all outstanding accounts. Overdue accounts may be referred to collection agencies. Refund Checks Due to Excess Financial Aid Monies are considered to be applied to the student account as follows (regardless of the date in which the monies are received): 1. Federal financial aid 2. State financial aid 3. William Peace University financial aid 4. Miscellaneous loans 5. Cash and checks 6. Credit Cards Refunds are applied in the reverse order of the received funds. Example, credit card payments are the first to be refunded (within 90 days) and then cash/check payments. (Again this is regardless of the date in which the funds were actually received at William Peace University.) 32 | 2013-14 Academic Catalog Refunds will be issued to the student (or parent if credit is result of Parent loan) when a credit balance is created on the student account by receipt of funds from the Department of Education for loans and the State of North Carolina for the Need Based Scholarship. Students may sign a form to prevent the automatic issuance of refund checks; however, refund checks will still be available upon request. Tuition Insurance Refund Plan William Peace University has a concern for the student who suffers a serious illness or accident and has to leave the University before the semester is completed. William Peace University has arranged to offer the Tuition Refund Plan to students and parents to minimize the financial portion of the loss. This elective insurance plan, made available through A.W.G. Dewar, Inc. (Dewar), provides coverage for tuition and housing charges. This plan significantly extends and enhances the University\u2019s published refund policy. In cases of withdrawals due to accident, illness, or psychological reasons, the plan assures a 70% refund throughout the term. Contact the Student Accounts Office for more information about signing up for this plan and current rates Financial aid is available to eligible undergraduate students .Students must be accepted for admission and be attending at least half-time for most forms of financial aid. For timely financial aid information, please visit or call the Office of Financial Aid at 919-508-2000 or visit The Financial Aid Application Process The first step in determining your eligibility for financial aid is to complete the Free Application for Federal Student Aid, better known as the FAFSA. Students may apply on line at The University\u2019s school code is 002953. Before completing the online, students must obtain a federal pin number. The pin number is the student\u2019s electronic signature which can be used to sign the online FAFSA. It takes very little time to apply for a pin number. Begin by visiting the federal pin website at Parents of dependent students must also obtain a pin number. After a student sends the FAFSA, William Peace University will receive an electronic aid file called an Institutional Student Information Record (ISIR). It takes approximately one to three weeks after submission for the University to receive the ISIR. The University will use the to prepare students\u2019 financial aid awards. The Financial Aid Award Before an award can be made, the Office of Financial Aid must receive the student\u2019s data. The Financial Aid staff will verify the student\u2019s enrollment and matriculation status. Awards are based on the number of credits a student registers for during each semester and financial need. All financial need is determined by subtracting the Expected Family Contribution (EFC) as determined by the federal analysis of the family\u2019s resources from the total cost of tuition, room and board. The family\u2019s contribution is estimated on the basis of income and assets, with consideration given to taxes and other expenses of the family. Once the student\u2019s enrollment status is determined, the Financial Aid staff will generate an award letter, which lists the types and amounts of financial aid the student can expect to receive for the year. Students must reapply for financial aid annually. Application Deadlines The priority date for submitting the each year is March 15 for the following fall semester. Be aware that most states, including North Carolina, have a priority date of March 15th for state financial 33 | 2013-14 Academic Catalog aid eligibility. Late applicants are usually ineligible for state funds. Those who fail to meet the priority date may still apply anytime during the award year. The Office of Financial Aid will accept applications until such time it is deemed too late to process and disburse the aid to the student for the period of enrollment. Late applicants are responsible for any and all tuition and fees, including late payment fees, if the student\u2019s financial aid is incomplete at the time of registration. Late applicants may receive substantially fewer funds than on-time applicants. Other Requirements Students must submit all necessary paperwork, verification documents, and any other requested items by June 1st. Late applicants must submit all requested documents within 10 days of the date requested. Timely submission of documents helps to expedite the processing of awards. Failure to submit required documents could result in the cancellation of some or all of the student\u2019s financial aid. If an extension is needed, please contact the Office of Financial Aid. Students receiving outside assistance must notify the Office of Financial Aid. At no time can total assistance (including loans and scholarships made from outside agencies) exceed the student\u2019s cost of attendance. The University cannot guarantee funding to any student, regardless of eligibility. Peace financial aid is awarded on the assumption that a student will successfully complete all credits attempted. In the event of withdrawal, dismissal, or the failure to maintain satisfactory academic progress, aid may be withdrawn or adjusted according to applicable Federal, State, and University policies. William Peace University does not discriminate in the awarding of financial aid on the basis gender, race, creed, color, religion, age, national and ethnic origin, sexual orientation, disability, or veteran status All Peace funded aid programs are subject to change without prior notice based upon changes in a student\u2019s Estimated Family Contribution (EFC), enrollment status, resident/commuter status and other factors such as funding limitations. William Peace University will make every effort to give the best financial aid package possible, but late applicants may receive less financial aid. To maximize eligibility for all forms of financial aid, students should complete the by March 15 annually. Peace-funded aid programs are available to full-time day students only and may not exceed the cost of tuition. Students receiving CIC, NCICU, APCU, or other full-tuition grants or scholarships are not eligible to receive additional University grant assistance. Students must maintain satisfactory academic progress to remain eligible for University-funded grants and scholarships. William Peace University Scholarships and Grants The following is a list of scholarships and grants that William Peace University offers to those that may be eligible. Please contact the Office of Admissions or the Office of Financial Aid for further questions. William Peace University Presidential Scholarship. William Peace University Presidential Scholarships are awarded to qualified students who have earned exceptional academic records. These students should also possess exemplary characteristics of leadership ability and/or special talents that would enable them to make significant contributions to campus life. These merit-based scholarships are renewable for an additional three years of study at William Peace University provided recipients maintain at least a 3.0 cumulative GPA. This scholarship award applies to tuition and fees. 34 | 2013-14 Academic Catalog William Peace University Academic Achievement Scholarship. William Peace University Academic Achievement Scholarships are awarded to qualified students who have earned outstanding academic records and who, in the judgment of University representatives, display potential for making significant contributions to the William Peace University community. These merit-based scholarships are renewable for an additional three years of study at William Peace University provided recipients maintain at least a 2.5 cumulative GPA. This scholarship award applies to tuition and fees. William Peace University Challenge Grant. William Peace University Challenge Grants are awarded annually on the basis of academics. These merit-based grants are renewable for an additional three years of study at William Peace University, provided recipients maintain at least a 2.0 cumulative GPA. This scholarship award applies to tuition and fees. William Peace University Transfer Merit Grant. Students who transfer into William Peace University with more than 12 credit hours may be eligible for merit-based grants. These grants are awarded on the basis of the number of transferable credits earned at an accredited college or university and on the cumulative earned at each institution attended. The Transfer Merit Grants are renewable for up to two additional years, provided recipients maintain at least a cumulative 2.0 GPA. This grant award applies to tuition and fees. Phi Theta Kappa Honor Scholarship. William Peace University offers scholarships to members of Phi Theta Kappa Honor Society. Members are eligible to apply for these funds and scholarships must be applied toward tuition. Members of Phi Theta Kappa should apply for scholarships directly through William Peace University. Several factors are considered in the allotment of awards, including financial need, academic and student involvement in extracurricular and volunteer activities. This scholarship award applies to tuition and fees. William Peace University Readmit Grant. Past students of William Peace University who re-enroll at may be eligible for merit-based grants. These grants are awarded on the basis of cumulative GPA. The Readmit Merit Grants are renewed for up to two additional years, provided recipients maintain at least a cumulative 2.0 GPA. This grant amount applies to tuition and fees. William Peace University Sibling Grant. Siblings who are simultaneously enrolled in the day program and each receive a $500 per semester grant. Students may apply to have the grant renewed each year both siblings are enrolled at William Peace University. Students must alert the Office of Financial Aid of their eligibility. This grant applies to tuition and fees. William Peace University Peace Assistance Grant. Need-based grants are awarded annually to eligible students. Eligibility and grant amounts are based on information received from the Free Application for Federal Student Aid (FAFSA) along with all other grants, scholarships and loans. Students may apply to have the grants renewed each year they are enrolled in William Peace University by completing the at Sloan Scholars Program for Presbyterians. Through the Sloan Scholars Program, William Peace University will award up to $5,000 per year to students who are certified by the Session of their Presbyterian Church as an active member of the congregation. New students must meet all William Peace University admission requirements and be in the top 1/3 of the high school class. Priority will be given to students who demonstrate financial need. The Scholarship is renewable for three years 35 | 2013-14 Academic Catalog provided the student maintains a (2.0 GPA) and maintains good social standing at William Peace University along with a letter of certification from the Session. The scholarship is available to students from North Carolina and states other than North Carolina with preference given to North Carolina students. This scholarship award applies to tuition and fees. Departmental Scholarships. Students who are interested in pursuing a degree in Fine Arts at William Peace University are eligible for additional scholarships. Students must submit a scholarship application, interview and audition with the respective department. Students must meet the minimum requirement for admission and must be a first-year applicant to William Peace University. This scholarship award applies to tuition and fees. William Peace University Leadership Scholarship. Students who are involved in service and leadership activities throughout high school are eligible for up to $5,000 in scholarships. Students will be required to take an active part (minimum 10 hours per semester) in leadership roles and service to William Peace University during their enrollment. Students must submit a scholarship application, meet the minimum requirements for admission and be a first-year applicant to WPU. The scholarship is renewable for three years contingent on the student\u2019s continued campus involvement (minimum of 10 hours per semester) and maintenance of a minimum cumulative of 2.5. This scholarship award applies to tuition and fees. William Peace University Honors Scholarship. Students who have a 3.5 weighted cumulative or higher, and a combined critical reading and math score of 1100/25 or higher are eligible to apply and enroll in the William Peace University Honors Program. Students accepted into this program can be awarded up to $5,000 in scholarships. Students must submit a scholarship application and have an interview. All students must be first-year applicants to WPU. This scholarship award applies to tuition and fees. William Peace Scholarship. Student\u2019s overall GPA, SAT, ACT, community involvement, extracurricular activities and achievements as well as need will be considered in evaluation for this scholarship. Students can be awarded up to $5,000 in scholarships student must submit a scholarship application to apply. All students must be first-year applicants to WPU. This scholarship award applies to tuition and fees There are limited funds for the above listed scholarships. The Board of Trustees can change these limitations at any time. Students must maintain certain standards for annual renewability. It is the student\u2019s responsibility to know what those standards are and to maintain them at all times during the awarded time of the scholarship and/or grants The Office of Financial Aid maintains a listing of outside scholarships and resource links online at on the Financial Aid section under Online Resources. Students should visit the Office of Financial Aid website or office to stay informed on other available resources. The Office of Financial Aid reserves the right to adjust a student\u2019s award based on receipt of outside scholarship. Federal Grants and Loans Various federal grant and loan programs are available. Staff members in the Office of Financial Aid are available to assist families and students in the use of these programs. 36 | 2013-14 Academic Catalog Federal Pell Grants These federally-sponsored grants are available to eligible students with high financial need attending approved post-secondary institutions. To apply, the student must complete a Free Application for Federal Student Aid (FAFSA) online at Rules and regulations governing this program are subject to changes made in federal policies. Federal Supplemental Educational Opportunity Grants (FSEOG) These federally-sponsored grants are awarded to students with significant financial need who are enrolled at least half time. The amount of the grant is determined by available funds and results of the Free Application for Federal Student Aid (FAFSA). The Program is designed as a supplement to the Federal Pell Grants student should submit a Free Application for Federal Student Aid (FAFSA) online at each year. William D. Ford Direct Loan Program federally-sponsored loan program, the Stafford Loan program is administered through the University and the Department of Education. Federal Subsidized Stafford Loans are awarded based on demonstrated financial need. Applicants are required to submit a in order to determine eligibility. Loan amounts vary depending on eligibility and year in school. There are two types of Federal Stafford Loans: subsidized and unsubsidized. The federal government will pay the interest while enrolled at least half time (6 credit hours) and during grace or deferment periods on Subsidized Stafford loans. Those who do not demonstrate financial need may still qualify for a Federal Unsubsidized Stafford Loan, in which the student is responsible for interest. The unsubsidized loan offers two interest repayment options: 1) quarterly payment of interest during school or 2) deferment of interest until after school. If a student elects to defer interest, interest is added to the principal. Repayment of either a subsidized or unsubsidized loan begins six months after leaving school whether due to graduation or withdrawal, but deferments may be granted under a variety of conditions set forth in federal law. The interest rate is set annually for the 12-month period July 1-June 30. The government limits Stafford Loan borrowing in the first two years of enrollment, but then increases that limit during the third and fourth years. The loan limits are outlined in the following table: Academic Status Subsidized/Unsubsidized Stafford Additional Unsubsidized Stafford6 1st year (< 30 hours) $5,500 $4,000 2nd year (30-59 hours) $6,500 $4,000 3rd year (60-89 hours) $7,500 $5,000 4th year (90+ hours) $7,500 $5,000 Federal Parent Loan Loans are federally-sponsored loans for credit-worthy parents of undergraduate students. The loan is disbursed in two equal disbursements, usually fall and spring. Repayment begins immediately after the scheduled second disbursement of the loan. The student must complete a for consideration. Parents may borrow up to the cost of attendance less other aid. The interest rate is 6 Additional unsubsidized loans are available to students whose parents are ineligible to borrow parent loans. Undergraduate dependent students whose parents are denied the Federal or undergraduate independent students my borrow $9,500 (subsidized plus unsubsidized) in their first year; $10,500 (subsidized plus unsubsidized) in their second year; $12,500 (subsidized plus unsubsidized) in their third, fourth, and fifth years. Eligible students will sign a master promissory note with the Department of Education (DOE) and complete entrance counseling with the prior to loan disbursement. To apply for the Federal Stafford Loan, the student must complete and file the Free Application for Federal Student Aid (FAFSA) online at 37 | 2013-14 Academic Catalog adjusted annually on July 1 over the life of the loan. The length of the repayment period depends on the total amount borrowed, but normally does not exceed 10 years. The Federal loan is meant to be used in addition to any other loan the student may borrow. For this reason, we recommend that students apply for a Federal Stafford Loan before their parents apply for a Federal loan. Parents who are denied Federal loans may contact the Department of Education to appeal this decision, or they may have their student borrow additional Federal Stafford Unsubsidized funds up to $5,000. Federal Work-Study The Federal Work-Study Program is awarded to full-time day students who demonstrate significant financial need. Eligible students work up to 10 hours per week select group of community service jobs are also available to work-study eligible students. Eligibility is determined by the Free Application for Federal Student Aid (FAFSA). Work-study opportunities are limited. Students are considered on a first-come basis. Eligibility to participate does not guarantee employment. State Scholarships or Grants Residents of North Carolina or other states may be eligible for these programs. Check with the Office of Financial Aid to determine eligibility. State Scholarship Programs Many states provide scholarships to eligible residents and some states provide scholarships to students attending out-of-state schools. Requests for specific information should be directed to the state scholarship organization in the student\u2019s home state. North Carolina State Need Based Scholarship (NCNBS) The North Carolina Need Based Scholarship program was established by the 2011 North Carolina General Assembly to provide need based scholarships for North Carolina students attending private institutions of higher education in the State of North Carolina. These scholarships are available to legal residents of North Carolina with specific needs. To apply, the student must complete a Free Application for Federal Student Aid (FAFSA) online at Students should complete the no later than March 15th to be considered for the scholarship. Funds for the support of the program are contingent each year upon appropriations made available by the North Carolina General Assembly. Alternative Loans Various alternative loans are available for students who are not eligible for Federal Stafford loans or who need additional loan money. Consult the Office of Financial Aid for information regarding these loans. William Peace University strongly encourages all students to complete the before applying for an alternative loan. Federal loans (Stafford and PLUS) should always be the first option to consider when borrowing money to finance an education. If you are considering an alternative loan, you should carefully evaluate a loan program to determine if it best meets your needs. Veterans Educational Assistance Program Educational Assistance Benefits are available for veterans, active-duty military, National Guard and selected reserve and, in some instances, their qualified dependents. For additional information on specific programs, contact your local Veterans\u2019 Office or the Veterans\u2019 Certifying Official in the Registrar\u2019s Office at the University Scholarships The Scholarships are designed to offer financial assistance to outstanding young students who are seeking a commission as a military officer. The scholarship is based on the achievements of the 38 | 2013-14 Academic Catalog applicants, not the financial status of their families. The scholarships may cover partial or full tuition and fees. Students interested in should contact the William Peace University Admissions Office or the Military Science Department at St. Augustine\u2019s University (919-516-4200 Independent and Dependent Status The determines a student\u2019s dependency status. Federal regulations are very specific about the classification of dependent and independent students. If the student feels that they do not meet the classification of a dependent student, please contact the Office of Financial Aid. Financial Aid Satisfactory Academic Progress (SAP) Policy Federal regulations require that schools monitor the academic progress of each applicant for financial assistance and confirm that the applicant is making satisfactory academic progress towards earning a degree in his/her program of study. Standards of the William Peace University policy for financial aid purposes regarding cumulative attempted hours and cumulative follow the University\u2019s established requirements for satisfactory academic progression. Students are responsible for knowing standards in effect at the start of their matriculation at and to monitor their progress to ensure they remain in compliance at all times. Institutions must establish Standards of Satisfactory Academic Progress involving qualitative (cumulative grade point average), quantitative (hours earned compared to hours attempted) and a maximum length of study. This requirement applies to all applicants for Federal assistance, including Federal Pell Grants, Federal Supplemental Educational Opportunity Grants (FSEOG), Federal Work- Study, the Federal William D. Ford Direct Loan Program, which includes the Federal Stafford Subsidized and Unsubsidized Loans for students, and Federal Loans for parents of undergraduate students. The same standards apply to all assistance from William Peace University, the State of North Carolina and all other aid administered by the Office of Financial Aid. If students have obtained a scholarship, grant, or loan from any other source, they are encouraged to contact that source regarding their academic progress requirements. The Standards of Satisfactory Academic Progress for Financial Aid To be eligible for financial aid at William Peace University, whether or not aid was received in the past, students must be in compliance with all three of the following areas: cumulative GPA, cumulative hours earned, and maximum length of study. I. Cumulative Grade Point Average (CGPA) Qualitative Requirement \u2013 Each student must maintain the following minimum cumulative grade point average (CGPA), based on credits attempted. Students must maintain the minimum cumulative grade point average established by William Peace University for satisfactory progress toward graduation requirements. Please refer to the academic catalog that correlates with the academic year in which the student\u2019s matriculation started at WPU. The standards indicated in the chart below are consistent with academic standards required for graduation. 39 | 2013-14 Academic Catalog Hours Attempted Required Cumulative 0-31 1.50 32-59 1.75 60+ 2.00 II. Hours Earned (Compared to Hours Attempted) Pace (Quantitative) Requirement \u2013 Each student must also be making satisfactory progress toward the completion of a degree. Satisfactory progress toward graduation is measured in terms of total academic credits earned. We recommend students attempt to average 30 earned hours per academic year in order to graduate in four years for programs that require 120 credit hours. To remain eligible for financial aid, students must earn at least 70% of total hours attempted each semester. For financial aid purposes, the following definitions and conditions apply: \uf0b7 To earn hours at William Peace University, students must receive a grade of A, B, C, or D. All other grades, including or Pass/Fail, do not earn hours. \uf0b7 Classes from which a student withdraws after the drop/add period count as attempted but not earned hours. Therefore, withdrawing from classes after the drop/add period negatively affects students\u2019 ability to satisfy the hours earned standard. \uf0b7 When a student repeats a course, the total attempted hours will increase with each repeat, but the student may only earn hours for a successfully completed course once. Therefore, repeating courses may negatively affect students\u2019 ability to satisfy the hours earned standard. \uf0b7 Audited courses count as attempted but not earned hours. Therefore, auditing classes will negatively affect students' ability to satisfy the hours earned standard. \uf0b7 Developmental courses are not counted as credits attempted or calculated into the CGPA. \uf0b7 Accepted transfer credits count as both attempted and earned hours. III. Maximum Length of Study To remain eligible for financial aid, students must complete their degree requirements within 150 percent of the published length of their academic program. At WPU, this means that students in programs requiring 120 hours for graduation are eligible for financial aid during the first 180 attempted hours as an undergraduate. All attempted hours are counted, including transfer hours, whether or not financial aid was received, or the course work was successfully completed. The maximum length of study will be reviewed each semester. Students who do not graduate after attempting 180 hours are no longer eligible for federal, state or institutional aid. No financial aid will be disbursed for the student during subsequent semesters unless the student has an approved Satisfactory Academic Progress (SAP) appeal. In rare cases, exceptions are granted through a formal appeal. Satisfactory Academic Progress (SAP) Reviews At the end of each academic semester (fall, spring, and summer) student academic records are evaluated by the Office of Financial Aid for compliance with standards. Students who are out of compliance with one or more of the standards are placed on Financial Aid Warning, Financial Aid Probation, or Financial Aid Suspension as appropriate. When placed on Financial Aid Warning, Financial Aid Probation or Financial Aid Suspension; the Office of Financial Aid sends written notification to students at their permanent addresses as listed in official University records in the Registrar's Office. 40 | 2013-14 Academic Catalog \uf0a7 Financial Aid Warning Financial aid recipients will automatically be placed in this status for one semester the first time they fall below the standards of satisfactory academic progress. Students are required to meet with a representative of the Office of Academic Services. The establishment of an academic plan is encouraged at this status, but not required. Financial aid can be received while the student is on Financial Aid Warning. \uf0a7 Financial Aid Suspension Students are placed in this status if they do not meet standards at the end of the semester in which they are placed on Financial Aid Warning. Also, students are placed in this status if they do not follow the academic plan established in response to an approved appeal. Financial aid cannot be received while the student is on Financial Aid Suspension. \uf0a7 Financial Aid Probation Upon successful appeal; students are placed on Financial Aid Probation for one semester and are required to establish an academic plan through the Office of Advising and Learning Services. Financial aid can be received while the student is on Financial Aid Probation, provided they appropriately follow the established academic plan When placed in Financial Aid Suspension status; eligibility may be regained by resolving all deficiencies (except the Maximum Length of Study). Students are able to receive financial aid again once they fully meet the standards. Students who are meeting the standards are eligible for financial assistance for the next enrollment period Federal regulations allow for certain cases in which the school may waive the aforementioned standards for satisfactory academic progress. Specifically, if a student's failure to be in compliance with one or more areas of satisfactory academic progress is due to events beyond the student's control, such as a student's extended illness, serious illness or death in the immediate family, or other significant trauma, and if such mitigating circumstances can be appropriately documented for the specific term(s) in which the deficiency occurred. Students may submit an appeal to the Office of Financial Aid using the Financial Aid Appeal Form outlining the extenuating circumstances that contributed to their inability to meet standards and what has changed that will allow them to meet at the next evaluation. If approved, the student will be placed on Financial Aid Probation and required to establish an academic plan through the Office of Advising and Learning Services Withdrawal Procedures: Full-time day students who elect to leave William Peace University for reasons other than graduation officially withdraw from the institution. \uf0b7 Non-attendance does not relieve a student of his/her financial obligations nor entitle a student to financial aid or a refund. \uf0b7 The date of last attendance will be considered the official withdrawal date. \uf0b7 Students who plan to withdraw from the University after a semester has ended may file a withdrawal to be effective at the end of the semester. The withdrawal between semesters 41 | 2013-14 Academic Catalog be completed prior to the beginning of the next semester in order to avoid incurring additional financial obligations. \uf0b7 Official withdrawal requires the student to complete the Departing Student Survey, available from the Registrar\u2019s Office. It is the responsibility of the student to read and understand the complete withdrawal and refund policy. Questions regarding the financial impact of the withdrawal should be directed to the Business Office and the Office of Financial Aid. You should visit or speak with the Office of Financial Aid to withdrawing from William Peace University to review your account and give you an estimate of the financial impact. Upon withdrawal, resident student should immediately contact the Director of Residence Life with the date and time of his/her departure student has 24 hours after withdrawing to remove his/her belongings, formally check out of the room, return the residence key, and turn in the student card. \uf0b7 Any adjustments to the 24-hour policy must be approved in advance by the Director of Residence Life. \uf0b7 There will be a fine for unreturned keys. \uf0b7 To avoid any cleaning or damage charges, room must be clean and in the same condition as when the student moved into it fee may be assessed if any personal belongings are left in the room after departure. Belongings left behind may be discarded. After the withdrawal, William Peace University will complete the calculations for refunding of Institutional Charges and Financial Aid financial audit is completed upon the account of a student upon withdrawal. Students who withdraw in the month of December may have the final damage charges added to the account in the month of February due to the December/January break. Withdrawal Policy and Refund Schedule (Full-Time Undergraduate Day): This policy applies to all full-time day students (resident and commuter students) who are withdrawing completely from William Peace University. The room and board percentages are applied to students who change from a Resident to a Commuter status within a term. There are official documents that need to be completed and signed in order for a student to officially withdrawn from the University withdrawal is considered to be effective as of the last day of academic attendance. Students who are dismissed or suspended from the University and/or from University housing for disciplinary reasons or violations of local, state, or federal law are not entitled to any pro-rate of tuition, room, board, or fees. They will be held responsible for all the institutional charges, disciplinary fines, and any other charges that are applied to their account. However, please note that the Financial Aid award will be re-calculated according to the guidelines of Financial Aid and Withdrawals. 42 | 2013-14 Academic Catalog Institutional Charges and Institutional Financial Aid and Withdrawals: Withdrawal Completed within so many Class Days (Monday thru Friday) Student Responsibility Tuition %7 Student Responsibility Fees % Deposits Forfeited / Returned Institutional Financial Aid Percentage kept by the Student to apply to his/her Account 8 First week 0% 0% Tuition deposit is forfeited and housing deposit is forfeited 0% Second week 40% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 40% Third week 60% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 60% Fourth week 80% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 80% After Fourth week 100% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 100 (R2T4) POLICY: Introduction The return of Title funds is administered by the William Peace University (WPU) Office of Financial Aid (OFA). The Return of Title Funds regulation does not dictate the institutional refund policy. The calculation of Title funds earned by the student has no relationship to the student\u2019s incurred institutional charges. Therefore, the student may still owe funds to to cover unpaid institutional charges. The following policies will help you to understand that a withdrawal potentially affects students academically as well as financially. We encourage students to read all the information below prior to making a final decision. How a Withdrawal Affects Financial Aid Title funds are awarded to a student under the assumption that they will attend school for the entire period for which the assistance is awarded. When a student withdraws from all their courses, for any reason including medical withdrawals, he/she may no longer be eligible for the full amount of Title funds that he/she was originally scheduled to receive. 7 Please see Student Handbook for \u201cRoom and Board Charges and Refund Policy.\u201d 8 Students receiving Federal and State Financial Aid should see the next section for additional information. 43 | 2013-14 Academic Catalog The return of funds is based upon the premise that students earn their financial aid in proportion to the amount of time in which they are enrolled pro-rated schedule is used to determine the amount of federal student aid funds the student will have earned at the time of the withdrawal. Once 60% of the semester is completed, a student is considered to have earned all of their financial aid and will not be required to return any funds recipient of federal financial aid Title funds is subject to a recalculation of their Title eligibility if they: \uf0a7 Completely withdraw from all classes prior to the 60% point of the semester. \uf0a7 Stop attending all their classes before completing the semester. \uf0a7 Earn no passing grades in the semester. How the Earned Financial Aid is Calculated Students who receive federal financial aid must \u201cearn\u201d the aid they receive by successful completion of enrolled classes. The amount of federal financial aid assistance the student earns is on a pro-rated basis. Students who withdraw or do not complete all registered classes during the semester may be required to return some of the financial aid they were awarded. Institutions are required to determine the percentage of Title aid \u201cearned\u201d by the student and to return the unearned portion to the appropriate federal programs. Regulations require schools to perform calculations within 30 days from the date the school determines a student\u2019s withdrawal. The school must return the funds within 45 days of the calculation. The R2T4 calculation process and return of funds is completed by the Office of Financial Aid. The following formula is used to determine the percentage of unearned aid that has to be returned to the federal government: \uf0a7 The percent earned is equal to the number of calendar days completed up to the withdrawal date, divided by the total calendar days in the payment period (less any scheduled breaks that are at least 5 days long). \uf0a7 The percent unearned is equal to 100 percent minus the percent earned. Calculation of Institutional Funds Institutional funds are recalculated based on the William Peace University refund policy. If you are withdrawing before the end of the semester you will be responsible for the following percentage of tuition and fees for the semester: \uf0a7 Withdrawal during the first week 0% \uf0a7 Second week 40% \uf0a7 Third week 60% \uf0a7 Fourth week 80% \uf0a7 After four weeks 100% Steps in the Return of Title Funds Step 1: Student\u2019s Title information will determine: \uf0a7 The total amount of Title aid disbursed for the semester in which the student withdrew student\u2019s Title aid is counted as aid disbursed in the calculation if it has been applied to the student\u2019s account on or before the date the student withdrew. 44 | 2013-14 Academic Catalog \uf0a7 The total amount of Title aid disbursed plus the Title aid that could have been disbursed for the semester in which the student withdrew. Step 2: Percentage of Title aid earned will calculate the percentage of Title aid earned as follows: \uf0a7 The number of calendar days completed by the student divided by the total number of calendar days in the semester in which the student withdrew: Days Attended \u00f7 Days in Enrollment Period = Percentage Completed \uf0a7 If the calculated percentage completed exceeds 60%, then the student has \u201cearned\u201d all the Title aid for the enrollment period. Step 3: Amount of Title aid earned by the student will calculate the amount of Title aid earned as follows: The percentage of Title aid earned multiplied by the total amount of Title aid disbursed or that could have been disbursed for the term in which the student withdrew. Total Aid Disbursed x Percentage Completed = Earned Aid Step 4: Amount of Title aid to be disbursed or returned \uf0a7 If the aid already disbursed equals the earned aid, no further action is required. \uf0a7 If the aid already disbursed is greater than the earned aid, the difference must be returned to the appropriate Title aid program. \uf0a7 If the aid already disbursed is less than the earned aid, then will calculate a post-withdrawal disbursement. Types of Withdrawals For financial aid purposes there are two types of withdrawals: Official and Unofficial. \uf0b7 Official: Official withdrawal from William Peace University by the student. To begin the official withdrawal, the first point of contact is the Registrar\u2019s office. \uf0b7 Unofficial: Federal financial aid regulations consider a student to be an unofficial withdrawal if the student stops attending all classes before completing the semester and earns no passing grades in the semester. Determination of the Withdrawal Date The withdrawal date used for R2T4 is the actual date indicated on the official drop form. If a student stops attending classes without notifying William Peace University, the withdrawal date will be the midpoint of the semester or the last date of academic activity determined by WPU. Additional documentation supporting the last date of academic activity may be provided by the student if they verify a later date of attendance than determined by WPU. 45 | 2013-14 Academic Catalog Withdrawing Prior to Completing 60% of a Semester Unless a student completes 60% of the term in which federal aid was disbursed, the student will be required to return all or part of the financial aid disbursed in the term. This applies to students who have officially (including medical), or unofficially withdrawn. When a Student Fails to Earn a Passing Grade in any Course If the student has failed to earn a passing grade in at least one course for the semester, federal regulations require the school to determine whether the student established eligibility for financial aid. Eligibility is based on if the student attended at least one class or participated in any William Peace University academic-related activity. All disbursed funds must be returned to the respective federal and institutional aid programs if the student cannot prove that they began attendance. Students Who Receive All Failing Grades at the End of the Semester Financial aid is awarded under the assumption that the student will attend William Peace University for the entire semester for which federal assistance was disbursed student who fails all of their classes in a semester may be subject to a R2T4 calculation. If a student \u201cearned\u201d at least one of their F\u2019s (attended class until the end of the semester and received an for poor performance), then no calculation is required. When the student has failed to earn a passing grade in at least one course for the semester, federal regulations require the school to determine whether the student established eligibility for funds disbursed by attending at least one course or participating in any academic- related activity during the semester. If the school cannot verify that the student attended, then a R2T4 calculation is required based on the last date of confirmed attendance. If a last date of attendance cannot be determined the 50% point of the semester will be used on the withdrawal date. The Student Account will be charged and the student will be responsible for any balance due. Students who are able to verify attendance beyond William Peace University\u2019s records may submit supporting documentation to OFA. The student must submit supporting documentation within 30 days from the last date of the semester or the date of R2T4 notification, whichever is last. Recalculations for aid eligibility will not be performed for documentation received after that date. Repayment Calculation Process Once grades are posted for the student who receives all failing grades will return all unearned aid back to the federal and institutional programs and the student's Student Account will be charged will mail a revised financial aid award letter along with a Student Account Statement to the student's permanent address. The student will be responsible for any balance due statement reflecting these changes will also be sent to the student\u2018s permanent address by the Office of Student Accounts. Definition of an Academic-Related Activity Examples of William Peace University academic-related activities include but are not limited to physically attending a class where there is an opportunity for direct interaction between the instructor and students. Proof of participation: \uf0b7 Exams or quizzes \uf0b7 Tutorials \uf0b7 Computer-assisted instruction \uf0b7 Completion of an academic assignment, paper or project \uf0b7 Participating in an online discussion about academic matters \uf0b7 Initiating contact with a faculty member to ask a question about the academic subject studied in the course 46 | 2013-14 Academic Catalog required study group/group project where attendance is taken Documentation not acceptable as proof of participation: \uf0b7 Student's self-certification of attendance that is not supported by school documentation \uf0b7 Verification of Enrollment form issued by the Registrar's Office \uf0b7 Living in housing \uf0b7 Participating in the school\u2019s meal plan \uf0b7 Participating in academic counseling or advising Repayment Calculation of Unearned Aid as a Result of a Withdrawal As a result of a withdrawal, students who received federal funds will be required to repay \u201cunearned\u201d aid. The repayment calculation is performed utilizing the federal government's repayment worksheet: \"Treatment of Title Funds When a Student Withdraws from a Credit-Hour Program.\u201d The amount of the assistance earned is determined on a pro-rated basis. For example, if a student completed 30% of the term, they have earned 30% of the assistance they were originally scheduled to receive. Once a student has completed more than 60% of the term, the student earns all the assistance they were scheduled to receive for the term. Student Notification of Repayment revised financial aid award notification outlining the amount of the federal and institutional funds earned along with the federal government's repayment worksheet will be mailed to the student's permanent address. William Peace University will return funds on the student's behalf to the appropriate federal and institutional aid program(s) and adjustments to the student\u2019s Student Account will be made reflecting the changes statement reflecting these charges will be sent to the student. The student is responsible for all charges and overpayments resulting from a Return of Title calculation. Repayment to Federal Aid Programs Federal regulations require that the following aid programs be subject to the repayment calculation if the student did not attend 60% of the term: \uf0b7 Federal Direct Loans: Unsubsidized and Subsidized \uf0b7 Federal Direct Parent Loans \uf0b7 Federal Pell Grant \uf0b7 Federal Supplemental Educational Opportunity Grant (FSEOG) Loans must be repaid to the lender by the borrower (student/parent) as outlined in the terms of the borrower\u2019s promissory note. The student\u2019s grace period for loan repayments for Federal Unsubsidized and Subsidized Stafford Loans will begin on the day of the withdrawal from William Peace University. The student should contact the lender with question regarding their grace period or repayment status. How Institutional Scholarship/Grant Aid is Affected by a Withdrawal All institutional aid provided by is based on need and academic achievement. Any change in enrollment status may cause the amount of the award to be recalculated based on the William Peace University refund policy drop in enrollment to 0 credits requires the funds to be repaid up to 100% of the disbursed amount. 47 | 2013-14 Academic Catalog Institutional funds are recalculated based on the refund policy. If you are withdrawing before the end of the semester you will be responsible for the following percentage of tuition and fees for the semester: \uf0b7 Withdrawal during the first week 0%-earned 0% of all William Peace University aid \uf0b7 Second week 40%-earned 40% of all aid \uf0b7 Third week 60%-earned 60% of all aid \uf0b7 Fourth week 80%-earned 80% of all aid \uf0b7 After four weeks 100% -earned 100% of all aid Please contact the Office of Financial Aid for additional information. The procedures and policies listed above are subject to change without advance notice medical withdrawal is not permitted within 14 days of the last day of class of the semester and must be approved by the Vice President for Academic Affairs. It should be noted that a medical withdrawal is from all courses at the University and no credit will be received for the semester. To be eligible for medical withdrawal, a student must submit information related to a condition that prevents him/her from engaging in successful academic work For additional information on scholarships, grants, loans, or federal work-study positions, visit or contact the William Peace University Office of Financial Aid. Financial Aid programs are subject to change. Always check with the Office of Financial Aid for the most up-to-date information student\u2019s enrollment status may affect the type and amount of financial aid for which he or she qualifies. The chart below shows the credits needed per semester for each status Full-time student 12 or more credits Three-quarter time 9 to 11 credits Half-time 6 to 8 credits Less than half-time 1 to 5 credits Students attending less than half time in any semester are ineligible for most forms of financial aid, with the exception of Pell Grants. William Peace University reserves the right to change, amend or discontinue scholarships/awards without notice. Awards may be adjusted if academic, enrollment, or housing status changes. 48 | 2013-14 Academic Catalog William Peace University is a teaching institution where faculty research enhances academic programs and fosters student learning in the classroom. At Peace, our aim is that every student who completes a degree will achieve competency in several key areas. These five areas provide the educational framework for all Peace students: 1. Writing: Students will communicate professionally and effectively through proper conventions of writing. 2. Empirical Reasoning: Students will understand the process of knowledge building with an emphasis on how evidence is defined, gathered, analyzed, and interpreted. 3. Ethical Reasoning: Students will examine current and historical ethical topics as well as the use of their own value systems as ethical criteria. 4. Critical Thinking about Culture and Society: Students will identify the ways in which human cultures produce values, customs, and social identities. Students will evaluate these cultural expressions in regional, historical, or global contexts. 5. Professional Readiness: Students will develop practical competencies to enhance their professional lives The Honor Code represents the important university values of integrity and accountability to the community. It sets the standard for personal behavior and is particularly relevant to behavior in academic matters. Acknowledging an Honor Code violation is the first step in correcting the violation. All new students are given the opportunity to sign the Honor Code to indicate their commitment, but all students are bound by it because of their membership in the William Peace University community. Issues of academic dishonesty such as cheating and plagiarism are addressed initially by faculty, but may also be referred to the student conduct board, which hears charges of alleged violations of both the Honor Code and the Student Code of Conduct. On my honor as a William Peace University student will not lie, cheat, or steal; nor will condone the actions of those who do. \uf0a7 Every student shall be honor-bound to refrain from cheating. \uf0a7 Every student shall be honor-bound to refrain from stealing. \uf0a7 Every student shall be honor-bound to refrain from lying William Peace University takes academic integrity seriously. It is expected that students are familiar with the University Honor Code and that they strive to embody its principles in their work. Students should be aware that there is a process by which accusations of dishonesty are adjudicated. WPU\u2019s Academic Integrity Policy Academic integrity requires that all members of the University community pursue learning with honesty and responsibility. Violations of academic integrity include: 49 | 2013-14 Academic Catalog o Cheating (using or attempting to use unauthorized materials, information, or study aids in academic requirements or in working with others on academic requirements (tests, assignments, etc.) when not allowed. o Plagiarism (representing the words or ideas of another as one\u2019s own in any academic requirement). o Falsification (falsification or invention of any information or citation in academic requirements). o Facilitating academic dishonesty (helping or attempting to help another student to commit an act of academic dishonesty as noted above). Procedure for Handling Violations The instructor will meet with the student(s) involved, send an email response, or note the matter on a graded assignment and clearly state the nature of the charge. Most incidents can likely be dealt with satisfactorily at this level. If the student admits a violation of academic integrity, or if the instructor has proof of an actual infraction, the instructor may impose appropriate disciplinary measures and is required to report the event to the Vice President of Academic Affairs. Disciplinary measures include a wide range of penalties from a zero or \u201cF\u201d for a specific assignment to an automatic \u201cF\u201d for the entire course. Other penalties may be specified in the course syllabus and will be part of the determination of appropriate sanctions. The student is under no pressure, overt or implied, to admit responsibility student cannot withdraw from a course in which a decision about the violation of academic integrity is pending. When a decision has been made, the accused student(s) may appeal using the academic grade appeal process, if the student(s) choose. The Vice President of Academic Affairs will keep a record of the violation in the event that future infractions occur case involving a student who has a previous violation on record will be considered a repeated offense and will be dealt with accordingly second violation will generally warrant suspension or expulsion from the University The credit hour usually represents the in-class time commitment for each course during the week. The minimum full-time academic load is 12 credit hours or credits and the maximum full-time load is 18 credit hours or credits. Class load will be determined by a student in consultation with his/her advisor. An average load in a semester is 15-16 credit hours, with students on probation restricted to 12-14 credit hours. In order to be eligible to take more than 18 credit hours, the student must have the approval of the Vice President for Academic Affairs. An overload or underload should be undertaken only after careful review with the student\u2019s advisor. The student will be charged for credit hours above the 18 credit hours per semester maximum. Normally, no first-year student may exceed 14-16 credit hours. Sophomores with a of 3.0 or above, juniors with a 2.7 or above, and seniors with a 2.4 or above, may take up to 18 credit hours Course Number Range Definition Characteristics 001 \u2013 099 Pre-college or developmental level courses. These courses do not count toward graduation credits. 50 | 2013-14 Academic Catalog 100 \u2013 299 Lower division level courses. Typically, these introductory and intermediate courses offer foundational skills and/or content and thus are populated by first- and second-year students. These courses may be prerequisites for Major courses. 300 \u2013 499 Upper division level courses. These courses reflect a progression of content and/or rigor. As these courses indicate advanced level material, they are typically taken during the junior and senior years. Ordinarily, students have completed introductory and/or intermediate courses in related areas. 199, 299, 399 Transfer elective courses Numbers will correspond with the course levels outlined above. 295, 395, 495 Special topics courses Numbers will correspond with the course levels outlined above Based on the number of credit-hours earned, students are recognized by class as follows First-year 0 - 29 Sophomore 30 - 59 Junior 60 - 89 Senior 90 credit at Peace is equivalent to one collegiate semester hour of credit or one credit-hour. One credit is awarded for each of the following: \uf0b7 One hour per week of class \uf0b7 Two hours per week of laboratory with one hour of out-of-class practice \uf0b7 Three hours per week of laboratory with no out-of-class practice. Usually at Peace, semesters are fifteen weeks, which includes an exam period. The grades of are passing grades. Grade of is a failing grade. The grade of (Incomplete) is a temporary grade. Grades of (Withdrawn) and (Audit) are final grades carrying no credit. The quality of performance in any academic course is reported by a letter grade. These grades are assigned quality points as follows: Grade Grade Points per Credit Hour Definition 4.0 Excellent 3.0 Good 2.0 Average 1.0 Poor 0.0 Failure 51 | 2013-14 Academic Catalog Only with the permission of the Registrar during Drop-Add with no grade point credit (see below Withdrawn within first 9 weeks or 60% of a semester with no grade point credit (see below temporary grade that must be reversed within six weeks on the next semester (see below Courses on pass/fail basis (GPA) The point value for each grade received is multiplied by the number of credit-hours for that course total of the grade points for the semester\u2019s courses is then divided by the overall credit-hours attempted to determine the semester grade point average perfect average would be 4.0 (\u201cA\u201d). The semester grade point average includes only grades received in a given semester. The cumulative grade point average is a measure of the student\u2019s total coursework attempted at William Peace University. To figure the cumulative grade point average, the total number of grade points (the sum of all course grades multiplied by their grade point values) is divided by the total number of credit-hours attempted. Grades of \u201cAU\u201d and \u201cW\u201d have no effect on number of hours attempted or earned grade of \u201cP\u201d is counted toward hours earned, not hours attempted, and does not have a quality point value. Grades of \u201cF\u201d are included in hours attempted but represent no earned hours and 0.00 grade points Semester grade reports are available on the MyPacerNet portal. Grades cannot be reported by phone. At mid-semester, a student doing less than satisfactory work in a course will receive a Mid-term Deficiency Report. In accordance with the 1974 Family Educational Rights and Privacy Act, which regulates the access to and release of academic records, official transcripts may be ordered from the Peace web site ( Click on the link \u201cFor Students,\u201d select the \u201cRegistrar\u2019s Office\u201d link, then select the \u201cObtaining Transcripts\u201d link, and login to the National Student Clearinghouse secure website. The is All official transcripts must be requested and paid for online through the National Student Clearinghouse processing fee is charged for each transcript mailed. An official transcript will not be issued for a student who has an outstanding financial obligation to the University. Students may obtain unofficial transcripts by logging into the MyPacernet portal Final examinations are scheduled during the exam period of each semester. Permission to reschedule an examination may be granted by the professor in cases of extenuating circumstances. An exam change must be approved by the instructor prior to Reading Day. Final exams cannot be given prior to the exam period Latin Honors will be conferred on graduating seniors whose cumulative grade point average meets the following criteria: 52 | 2013-14 Academic Catalog Required Cumulative Honors 3.9 \u2013 4.0 Summa Cum Laude 3.75 \u2013 3.89 Magna Cum Laude 3.6 \u2013 3.74 Cum Laude transfer student must earn a minimum of 60 semester credit hours at William Peace University to be eligible for Latin Honors. In order to be recognized as valedictorian, a student must have earned at least 90 credits at William Peace University. The Honors Program allows a day student to receive recognition at Commencement as graduating with Honors. For more information, see the section on the Honors Program under Academic Opportunities The Dean\u2019s List shall include all students (1) who are full-time students, (2) who maintain at least a 3.30 cumulative during the semester, (3) who have grades of or better in all subjects, and (4) who are in good academic standing. Students earning a cumulative of 3.70-3.99 will receive the designation of Dean\u2019s List with Distinction. Students achieving a of 4.0 will receive the designation of Dean\u2019s Scholar. Part-time students enrolled in a degree program of 9 hours or more are also eligible for the Dean\u2019s List, Dean\u2019s List with Distinction, and Dean\u2019s Scholar List The University may cancel a course or section of a course for various reasons. Students enrolled in a canceled course will be enrolled in another course Drop/Add Policy Prior to the beginning of classes, a student may make necessary schedule changes online or in the Registrar\u2019s Office student dropping a course during the add/drop period for each semester will have that course removed from his/her transcript. No student will be allowed to drop courses after the last day to drop a course as indicated on the academic calendar, unless it is an approved medical withdrawal. Any student who voluntarily or involuntarily leaves the University after the last day to drop a course of the semester will receive a grade of \u201cF\u201d for each course in which he/she is enrolled. Course Audit Policy student may audit any course at Peace with the permission of the instructor and seat availability. No credit will be given, and the grade of \u201cAU\u201d will appear on the transcript. The student may only select an audit option during the Add/Drop period of the semester. Credit Transferrable to Peace Students wishing to take courses at other institutions (including study abroad) after being accepted for matriculation at William Peace University must secure the written prior approval of each course from the Registrar. Otherwise, the transfer credits may not be applicable to the student\u2019s degree at William Peace University. Transfer credit is added to the student\u2019s William Peace University record at the request of the student. The University will accept the transfer credit for such courses in which a grade of 53 | 2013-14 Academic Catalog \u201cC-\u201d or better was earned. Acceptable course credits are applicable toward a degree program, but are not used in the computation of the student\u2019s William Peace . Double-Counting Course Requirements Several courses offered at William Peace University fit more than one requirement. In some situations, a student taking such a course can count it toward multiple requirements. In other situations, such \u201cdouble-counting\u201d, it is not allowed. Listed below are some common double-counting scenarios along with the university policy. If you are confused about a policy or uncertain as to how it applies to your own situation, contact your advisor maximum of 2 courses (no more than 6-8 credit hours combined) are permitted to be double counted according to the following rules: \uf0a7 Count toward a Liberal Education requirement and a Major requirement \uf0a7 Count toward Liberal Education requirement and a Minor requirement \uf0a7 Count toward Liberal Education requirement and a Concentration requirement \uf0a7 Count toward two majors \uf0a7 Count toward a Major and a Minor \uf0a7 Count toward a Major and a Concentration \uf0a7 Count toward two different minors \uf0a7 Count toward two different concentrations If any of the above restrictions prevent a student from completing a specific major, minor, or concentration, the student will need to contact his or her faculty advisor to determine if an acceptable course substitution exists. All exceptions must be approved by the advisor and the Vice President for Academic Affairs. Double counting a course requirement does not affect the total number of credits required for graduation. Course Repeat Policy student may repeat a course in an attempt to earn a higher grade. If a course is repeated all grades for the course will appear on the student\u2019s permanent record. However, semester hours credit for the course will be awarded only once. Only the grade (not to include a \u201cW\u201d) from the most recent attempt will be included in the computation of the grade point average. Students must retake the course at William Peace University. All grades will be used in the determination of academic honors. Grade Appeal Policy If a student believes that the grade received in a course was assigned in error or arrived at unfairly, or if the assigned course grade is not supported by the policies and procedures distributed in the course syllabus, he/she may file an appeal to have their grade reviewed. The appeal procedure may not be used to challenge a grade that results from a faculty member exercising usual and customary professional judgment in the evaluation of student work. No grade may be appealed after three months from the issuance of the grade. 54 | 2013-14 Academic Catalog 1 student who believes an error has been made in his/her grade in any class should attempt to resolve the issue informally with the faculty member. 2. In the event that an informal resolution does not occur, the student should promptly (within two weeks of speaking with the instructor) submit an appeal in writing, with supporting evidence, to the Department Chair. The Department Chair will then arrange a meeting with the student within two weeks, review the appeal and supporting evidence, meet with the instructor, and resolve the problem, providing the student with written notification. 3. If the student remains unsatisfied with the Department Chair\u2019s decision, he/she may submit a written appeal to the Vice President for Academic Affairs, within two weeks of receiving written notification from the Department Chair and request a meeting. Following this meeting, the Vice President will make a final decision, thereby concluding the matter. Class Attendance and Conduct William Peace University expects students to attend all classes and laboratories for which they are registered, believing that regular class attendance and participation are an essential part of a student\u2019s educational program. The instructor in each course will announce the attendance policy for that course at the beginning of each semester and will track attendance. It will be the responsibility of the student to meet these standards. Attendance and conduct-related problems will be reported to the Vice President of Academic Affairs and to the Office of Student Services. Requesting an Incomplete An Incomplete (I) grade may be issued for a course in which a substantial portion of the class work has been satisfactorily completed as of the end of the semester. The Incomplete grade can be recorded only when the completed portion of the student\u2019s work is of passing quality and thus the student has the potential to pass the course. The grade of Incomplete is reserved for exceptional circumstances that prevent a student from completing coursework by the time that grades must be submitted. Examples of such circumstances include serious illness, emergency, and/or extreme hardship. An Incomplete typically is not granted when a student has missed more than 30% of the class work. Should the faculty member agree to assign a grade of Incomplete, the student has six (6) weeks after the start of the next semester to complete all unfinished work. Upon submission of the completed work, the faculty member completes a grade change form and submits it to the Office of the Registrar. If the student has not satisfactorily completed the work by the end of six weeks, the instructor will submit the grade earned including 0 for unfinished work, to the Office of the Registrar. Withdrawal from a Course Students are permitted to withdraw from a course until the end of the 9th week (or 60%) of the semester with a grade of \u201cW\u201d (a \u201cW\u201d grade designation has no impact on the number of credit-hours attempted or earned). After the 9th week or 60% of the semester, before the last day of class, and before taking the final exam, a student may petition for a withdrawal provided they have a documented mitigating circumstance. All petitions for withdrawal after the 9th week or 60% of the semester must be approved by the faculty and the Vice President for Academic Affairs. Students exercising this option should consult with their academic advisor and should bear in mind that full-time students are not allowed to carry fewer than 12 credits. (Dropping below 12 credits or full-time could affect a student\u2019s housing and/or financial aid.) Once a student has gone past the last class of the semester where a grade of \u201cW\u201d is appropriate, the student will be considered to be in the course for an or grade. 55 | 2013-14 Academic Catalog Withdrawal from the University Full-time day students who elect to leave William Peace University for reasons other than graduation must officially withdraw from the institution. Official withdrawal requires the student to complete the Departing Student Survey, available from the Registrar\u2019s Office. For more detailed information about the procedures for withdrawing, see \u201cWithdrawing from the University\u201d in the Financial Information section of this Catalog. Continuous Enrollment Policy In any regular semester that a student is not attending classes, enrolling in 199: Continuous Enrollment is recommended as an option. This is a non-credit course. The course allows a student to return to William Peace University without having to reapply for admission student may enroll in 199 for one semester. However, an additional consecutive semester of continuous enrollment may be requested but must be approved by the Vice President of Academic Affairs. If a student has a lapse in enrollment without registering for 199, he/she will be considered withdrawn from the University and will be required to go through the readmission process to return. The Continuous Enrollment fee is waived for military students who are called to active duty. The Continuous Enrollment fee is $100. Please contact the Registrar\u2019s Office for more information To make satisfactory academic progress toward the baccalaureate degree, the student is expected to earn at least the cumulative listed below for the indicated number of credit hours attempted minimum of 2.0 is required for graduation. Cumulative Requirement Students must meet the following according to credit hours attempted Hours Attempted (to include transfer credit) Required Minimum Cumulative 0-31 1.50 32-59 1.75 60+ 2.00 Individual majors/minors may have additional standards for admission to and/or advancement within the discipline. Students are responsible for familiarizing themselves with the specific requirements of their programs and are encouraged to seek clarification from their advisor when necessary. Students are responsible for ensuring that they are meeting all academic requirements for graduation. Academic Probation Academic probation automatically will be assigned at the close of any semester (fall, spring and summer) in which the student fails to meet the minimum cumulative requirement outlined in the previous section. Full-time students placed on probation must achieve the specified minimum cumulative requirement after completing the next semester of enrollment or must show clear progress of at least a 2.00 on 12 credit hours earned during the probationary term. Non full-time students placed on probation must achieve the specified minimum cumulative requirement after 56 | 2013-14 Academic Catalog completing the next 12 credit-hours and/or must show clear progress of at least a 2.00 on a minimum of two 3-credit hour classes during the probationary term student will be removed from probationary status if the stated cumulative is achieved. If the indicated is not met but a 2.00 on 12 credit hours has been earned during the probationary semester, a student will be continued on probation for one additional semester to achieve the required cumulative student on academic probation is restricted to 12-14 credit hours of course work, unless a heavier load is approved by the advisor and the Vice President for Academic Affairs. The student has the option to retake courses (see \u201cCourse Repeat Policy\u201d). The student should consult his/her advisor frequently to monitor progress. No student on academic probation may hold office in any University organization, participate in any intercollegiate event or program, including intercollegiate athletics, or otherwise represent the University publicly student on academic probation is expected to attend all classes. The student may participate in student organizations or intramural athletics. Participation in intercollegiate athletics is also subject to the regulations of the National Collegiate Athletic Association and other athletic associations in which the University holds membership. Students who are placed on academic probation receive the following assistance: 1. They are encouraged to report to their advisor to review their course schedule and their study habits. 2. The Vice President for Academic Affairs and the Registrar are available by appointment to assist students in planning a program to help them improve their academic records. 3. Students may be required to identify a mentor and sign a contract to ensure success or to register for 101. If a student receives less than a 1.0 in any one semester (taking 9 or more credits), the student will be academically suspended if his/her cumulative is less than a 2.0 GPA. If a student earns less than a 1.0 in any one semester taking 9 or more credits and has a of 2.0 or better, the student will be placed on academic probation. Students earning a 1.0 or less in their first semester may be academically suspended. Academic Suspension student on academic probation who fails to meet the conditions stated in the previous section on Academic Probation will be suspended academically from the University student placed on Academic Suspension may not continue enrollment at William Peace University for a period of at least 5 months. The suspended student may apply for reinstatement after the 5 month period has elapsed. The application for reinstatement must provide written evidence which demonstrates the potential for future academic success. The application must be submitted to the Vice President for Academic Affairs at least four weeks prior to the semester start date. The application will be reviewed to determine if there is reason to expect academic success upon reinstatement. Probationary status is not a necessary prior condition for academic suspension. New students who fail to earn a of 1.00 may be suspended at the end of their first semester. Also, a student may be 57 | 2013-14 Academic Catalog suspended for lack of progress if evidence of eventual academic success is lacking, or if it becomes clear to University personnel that the student has forfeited responsible academic citizenship by: a. persistent failure to complete classroom assignments b. habitual class absence c. disruption and disturbance of fellow students d. cheating or plagiarism Appeal Process for Academic Suspension An academically-suspended student may appeal to the Vice President for Academic Affairs in writing upon receipt of notification. Any extenuating circumstances or other information to be considered should be included in the written appeal by the deadline indicated. Academic Dismissal If a student is suspended twice, the student will be dismissed and ineligible to return. Academic Progress for Part-time Students Academic progress is evaluated for any term a student is enrolled at least half time. However, academic action is not taken for a part-time student until they have attempted a total of 12 semester hours of credit. Academic status will be reviewed at the end of a term for which a student\u2019s record indicates at least 12 cumulative hours of attempted coursework Degree Requirements The university reserves the right to make any necessary changes in the calendar, regulations, student charges or courses of instruction announced in this Catalog. It is the responsibility of the student to see that all the degree requirements are met for graduation from and/or transfer to other institutions. Students are responsible for understanding and meeting all degree requirements for their programs of study for graduation. The baccalaureate degree is granted upon successful completion of the appropriate curriculum presented below and upon satisfaction of the following requirements for all degrees cumulative of at least 2.00 on all coursework and a minimum of 120 earned semester hours. \uf0a7 At least 30 semester hours must be earned at Peace, including at least 30 of the last 36 hours for the baccalaureate degree. Only courses with a grade of \u201cC-\u201c or higher will transfer of least 2.00 on coursework designated as being in the \u201cmajor,\u201d \u201cconcentration\u201d or \u201cminor\u201d for the baccalaureate program of study chosen. When calculating the GPA, all courses with a disciplinary designation (i.e., all English courses for English majors) and any other courses will be calculated in the major, concentration, or minor minimum of one-half of the coursework credit in the major must be taken at William Peace University \uf0a7 At least 30 hours of the coursework applied to the baccalaureate degree must be 300-level or above. \uf0a7 Successful completion of the liberal education requirements \uf0a7 No more than 6 semester hours toward the baccalaureate degree can consist of independent study or internship. \uf0a7 Satisfaction of financial obligations to the university. 58 | 2013-14 Academic Catalog student will follow the graduation requirements listed in the Catalog of the year in which he or she enters, unless the student notifies the Registrar about wanting to qualify under a subsequent catalog. Course substitutions or waivers within a student\u2019s major may be made with departmental and Registrar approval. All technical questions related to requirements for graduation and transfer of credit to William Peace University should be referred to the Registrar, who certifies compliance with such requirements. The faculty advisor may be of considerable assistance in scheduling coursework for graduation on an optimal timetable. It is the responsibility of the student to see that all the degree requirements are met for graduation from and/or transfer to other institutions allows students to graduate in the fall, spring, and summer semesters. At the beginning of the semester in which a student anticipates the completion of his/her graduation requirements, a student must submit a Graduation Application to the Registrar\u2019s Office. The deadline to apply for graduation each semester is as follows: Semester Graduation Application Deadline Spring February 15 Summer June 15 Fall October 15 Once the student completes his/her final semester and all grades have been submitted and finalized, the Registrar will review the student\u2019s academic record and requirements in order to verify graduation eligibility. For students completing all requirements for graduation, the official diploma will be mailed within 8 \u2013 10 weeks after verification. All financial obligations must be met before the diploma will be sent. Limits on Degree Completion student must complete the baccalaureate degree within eight (8) years of initial enrollment or his or her transcript will be reviewed to determine whether courses should be retaken. Also, students may not register for further coursework following the semester in which 160 semester hours of credit have been earned. Any exception to the time and credit limitations requires special written permission from the Vice President of Academic Affairs. Participation in Commencement There is one commencement ceremony each year which is designed to honor all graduates from that academic year. The commencement ceremony takes place each May. All students who graduated in the summer semester and the fall semester, along with the students completing their graduation requirements in the spring semester, are welcome to participate in the commencement ceremony. In addition, a student who is eligible for graduation with no more than seven (7) credit hours remaining to complete all degree requirements by the end of the spring semester, is welcome to participate in the commencement ceremony. The Graduation Application reflects a student\u2019s anticipated semester of graduation and indicates participation in the commencement ceremony. If all credits are not completed by the commencement ceremony, any potential Latin honors recipients are ineligible to wear the honor cords at the ceremony. 59 | 2013-14 Academic Catalog Academic Advising Upon entering William Peace University, each student is assigned a professional advising staff member who counsels the student about course selection, academic success, and other academic-related issues. Academic advisors refer students to other counseling and support services when appropriate. After a student declares a major she/he is assigned a faculty advisor in her/his major. As long as a student has met the prerequisites for entry into a particular major, a student may declare his/her major at any time. In order to stay on pace for graduation in four years, it is highly advisable that a student declare a major no later than the second semester of the sophomore year. Throughout the sophomore year, a student will have many opportunities to help clarify the choice of major including access to the Career Center staff, \u201cExploring Majors and Careers\u201d workshops, the Majors Fair, and through his/her 200: Career and Leadership Development course. Bookstore Textbooks, supplies, stationery, William Peace University apparel and memorabilia, convenience, and miscellaneous items are for sale during bookstore hours as well as on the bookstore website. Items may be purchased with cash, check, credit card, or campus card (Pacer Card). The bookstore also sells postage stamps by the book. Some textbooks are available on a rental program. Textbooks may be sold back under the book buyback policy year round with the exception of the first week of classes each semester. The bookstore will accept returns in accordance with the following policies: a. Non-textbook items in resalable condition may be refunded or exchanged within 30 days of purchase with original receipt. b. Textbooks in resalable condition may be refunded with receipt within seven calendar days from the start of classes. c. In addition, upon proof of drop/add, the Bookstore will accept textbook returns until the end of the official drop/add period from students who have dropped a course. d. Rental books must be returned or converted to purchase by end of term date set by bookstore at the start of the semester. The bookstore accepts MasterCard, Visa, Discover and American Express charge cards; cash; checks; and Pacer Card. Identification is necessary when paying with credit card. The name on the credit card and identification must match. Bookstore Website: Bookstore hours: Monday through Thursday: 9 a.m. to 6 p.m. Friday: 9 a.m. to 3 p.m. Saturday: 11:30 a.m. to 1:30 p.m. Sunday: Closed 60 | 2013-14 Academic Catalog Career Services The Career Center is open 8:00 a.m. to 5:00 p.m., Monday-Friday, all year. It is located on the first floor of Main. There is no charge for these services for Peace students or alumni. The Career Center is available to all alumni for life. The Career Center provides the student with a variety of services to assist with determining and accomplishing career goals. Specifically, the Career Center staff support the student in the: \uf0b7 exploration of college majors and career options through career counseling and interest, skill and personality assessments \uf0b7 applying for an internship experience \uf0b7 examination of post-graduation options, including help with graduate school and professional schools search and application process \uf0b7 preparation for a competitive job search through participation in job fairs, resume writing, mock interviews, and job search coaching. Chaplaincy Chaplaincy at William Peace University is affiliated with the Presbyterian denomination, the faith in which it was founded. However, today it is interfaith in nature, and exists to encourage, facilitate, offer advice and counsel, educate and serve as an example in matters spiritual and religious. Counseling Services Free, confidential counseling services are provided on campus to all full-time, undergraduate students. Students can seek personal and emotional counseling, explore specific issues, and gain a better understanding of their feelings and experiences. Individual counseling is available for students who are having personal, social, and mental health issues. The counseling staff can assist in finding off-campus resources for students who need ongoing counseling services. As interpersonal difficulties and emotional blocks to learning are resolved, most find they become more effective, more committed, and more enthusiastic students. Counseling services are located at the Wellness Center. Developmental Instruction Special workshop sections of College Algebra and Trigonometry 111-112) are available to students whose high school grades scores, or placement test scores indicate that they will need more intensive instruction than the regular sections include. These courses are designated as \u201cworkshop\u201d sections because they include two additional hours of contact with the professor each week and allow students more time for drills, questions, and test preparation. Workshop sections cover the same college-level material during the semester as do the regular sections and award three hours of credit course in composition 100) is offered for students whose and/or composition grades indicate a need for practice prior to taking 112. This course does not meet the composition requirement. It earns three credits developmental course in mathematics 097) is offered in the fall semester for students who have and placement test scores that indicate a need for intensive mathematics review. This course does not count toward mathematics requirements; neither do the credit hours or grade count toward graduation requirements. 61 | 2013-14 Academic Catalog Finch Library Finch Library is the academic resource center of the University, with collections selected to support the teaching efforts of faculty and the research and lifelong learning needs of students. Professional librarians maintain the collections and provide research assistance. The library contains over 47,000 books, with several million more available to students through agreements with local colleges and universities. Additionally the library provides comprehensive online resources containing full-text journals, magazines, e-books, and newspapers. Books and articles can also be requested for free from libraries across the country through interlibrary loan services. Inside the library, students will find computers, wireless internet access, group study rooms, the University archives, the Teacher's Curriculum Materials Center, various support services, and plenty of comfortable seating and workspaces. Health Services Health Services are available to all full-time day students. Anyone wishing to see the physician or nurse must call Health Services at 919-508-2502 or stop by to schedule an appointment to be seen. All entering first-year and transfer students are required to have, on file in Health Services, a physical preferably within the last six months and an up-to-date immunization record. Information Technology Resources The Information Technology Office is responsible for the design, administration and management of Peace\u2019s information technology resources. Services provided include Peace e-mail accounts, storage space for personal web pages, and storage space for personal files. E-Mail Accounts All enrolled students are assigned an e-mail account through the Information Technology Office. Students should activate their account and use it regularly to check for important information regarding the University, especially as e-mail is considered the primary means of communication at Peace. Examples of information provided through e-mail include Pacer Alerts, class related faculty messages, and registration updates. Communication with a faculty member must be through your Peace e-mail account. Information Technologies Policy This policy addresses the acceptable use of technology resources provided by William Peace University. Peace expects employees and students to use computers, networks, network access, telephones and other information technologies in a responsible, considerate, ethical, and lawful manner. Compliance with policies that ensure the security and integrity of all University information systems is mandatory and critical to ensure continuing provision of technological resources to the entire University community. This policy applies to all Peace students, faculty, and staff and to all users of technology resources that include, but are not limited to, equipment, software, networks, data, and telecommunications equipment, whether owned, leased, or otherwise provided by William Peace University. William Peace University understands that information technology has become vital to our educational purpose. Thus, William Peace University owns a variety of technological resources that are provided primarily to support its academic and administrative functions, such as education, research, academic development, and public service by the community. 62 | 2013-14 Academic Catalog These technological resources enable users to locate and disseminate information, communicate and collaborate with others in a global setting, and build the necessary strategic technologies for the current and future needs of the University community. Use of University technology resources shall be consistent with local, state and federal law and in accordance with all University policies, codes, regulations, and procedures. All users are responsible for using technology resources in an efficient, responsible, considerate, ethical, and lawful manner. Disregard for the rights of authorship, including plagiarism, invasion of privacy, unauthorized access, and copyright violations, may be grounds for sanctions against members of the University community. Access to technology resources is a privilege, not a right, and as such, can be withdrawn from those who use it irresponsibly. Users of University technology resources who are determined to have purposely violated any of the information technologies policies will be subject to disciplinary action up to and including suspension of access to technology resources and/or discharge, dismissal, suspension, or expulsion from the University and/or legal action. Acceptable Uses University information technologies resources may be used for such purposes as instruction, independent study and research, and the official work of the University. Any information distributed by a user of University technologies must accurately identify the creator, distributor, and recipient of that information. Unacceptable Uses University technology resources may only be used for legal purposes and may not be used for any purpose that is illegal, immoral, unethical, dishonest, damaging to the reputation of the University, inconsistent with the mission of the University, or that may subject the University to liability. Unacceptable uses include but are not limited to the following: \uf0a7 Harassment \uf0a7 Libel or slander \uf0a7 Fraud or misrepresentation \uf0a7 Destruction of or damage to equipment, software or data belonging to the University or to others \uf0a7 Disruption or unauthorized monitoring of electronic communications and electronically stored information \uf0a7 Infringement of copyright or trademark laws or rights of others \uf0a7 Use of the University\u2019s logo without prior approval of the Vice President for Communications and Marketing. Violation of Computer System Security The following are examples of, but are not limited to, violations of the University\u2019s Information Technology policy: \uf0b7 Unauthorized use of computer accounts, access codes (including passwords) or network identification numbers (including e-mail addresses) assigned to others \uf0a7 Unauthorized access to the University\u2019s information systems, Internet or other networked computers 63 | 2013-14 Academic Catalog \uf0a7 Use of computer communications facilities in ways that unnecessarily impede the computing activities of others, such as randomly initiating interactive electronic communications or e-mail exchanges, abuse of interactive network utilities, etc. \uf0a7 Use of computing facilities for commercial business purposes unrelated to the University \uf0a7 Academic dishonesty \uf0a7 Violation of software license agreements \uf0a7 Violation of network usage policies and regulations \uf0a7 Violation of privacy \uf0a7 Posting, sending or accessing pornographic, sexually explicit, or offensive material \uf0a7 Posting, sending or accessing material that is contrary to the mission of the University \uf0a7 Intentional distribution of computer viruses, Trojan horses, time bombs, worms or other rogue programming. Confidentiality The University will take necessary actions against anyone who violates the examples above or any other use of Information Technology that is deemed inappropriate up to and including dismissal from the University. Peace personnel or designees generally will not access content of user files unless subject to the following types of exceptions: the user gives prior consent, the University needs to ensure the security or operating performance of its systems or networks, the University has a reasonable concern that a violation of University policy or applicable law has occurred, or the University is complying with a valid subpoena or search warrant issued by a court of competent jurisdiction. While general content review will not typically be undertaken, monitoring of electronic information may occur for these reasons and others as necessary. Because Peace may need to access individual electronic information, users of University technologies do not have a reasonable expectation of privacy in their electronic information. Copyright Policies The intellectual work and property of others is respected in higher education and protected by law. Details of the U.S. Copyright Act of 1976 and the Digital Millennium Copyright Act of 1998 may be found at The Copyright Act establishes a four-factor balancing test to determine the \u201cfair use\u201d or reproduction of copyrighted works without the copyright\u2019s owner\u2019s permission, for such purposes as teaching and research, commentary, criticism or reporting. Otherwise, through fair use, the copyright owner must give permission for the copyrighted material to be used or the law is broken. Copyright laws protect the right of the owner (author, playwright, artist, composer, etc.) to control the use of his/her work(s) by others. At a minimum, improper use of copyrighted materials will be considered plagiarism and subject to the Academic Honest Policy. Violation of the Copyright Act may also lead to civil and criminal penalties. File sharing of copyrighted materials with others or illegally downloading copyrighted materials without purchasing them violates the U.S. law and in prohibited by University policy. Learning Services The Learning Services staff provide free tutorial and writing assistance for all William Peace University students. The center offers one-on-one, personalized tutoring in math, statistics, chemistry, biology and other subjects where there is a demand for extra assistance. The peer tutors are trained and 64 | 2013-14 Academic Catalog knowledgeable in working with diverse learning styles. Students consistently cite their tutoring experience as beneficial to their academic careers. Academic Success workshops are offered to students who feel they need assistance with developing various academic skills. These workshops target areas such as time management, how to study, test- taking, and motivation. The center also houses various print resources to assist students in writing research papers, reading comprehension, note-taking strategies, etc. Additionally, Learning Services serves as the home of the Disability Resource Center. In this capacity, the Learning Services staff members ensure that eligible students with current documentation of physical or learning disabilities are accommodated appropriately. Pacer Camp and Orientation During the summer, incoming students and their parents attend a pre-college orientation programs called Pacer Camp. Students plan their fall semester schedules with a member of the advising staff and meet other incoming students and faculty and administration members. Parents attend workshops with University officials. In September and January, semester opening programs for new students are also offered Honors Program Day students with an interest to pursue the highest academic standards of critical thinking, empirical reasoning, writing, and research may apply to the Peace Honors Program. Specific honors classes are completed throughout the students\u2019 Peace academic career. Students usually join the Honors Program as a first or second-year student in order to complete the requirements for graduation. To be admitted into the Honors Program, students typically have a 3.5 or better weighted cumulative high school and an 1100 or higher or 25 or higher score. If there is a large enough applicant pool, 20 to 22 first-year students will be admitted to the program. Students who earn a cumulative of 3.5 or better in 15 or more hours at can petition to join the Honors Program, and, if invited by the Honors Coordinator, join the Honors Program and enroll in Honors courses. All Honors candidates are expected to maintain an overall of 3.0 or better. If a student falls below a 3.0 GPA, he/she will be placed on probation from the Honors Program until the requirement is met. Probation may prohibit students from taking Honors courses. Students in the Honors Program will be given priority registration and other enrichment opportunities to ensure that they have the maximum experience during their time at WPU. Students interested in this program may receive more information through by contacting the Honors Program Coordinator, Dr. Corinne Andersen. Students completing the Peace Honors Program will be recognized at graduation and receive a special notation of \u201cPeace Honors\u201d on their academic transcripts. Internships (490/491) Academic internships are open to second semester juniors and seniors and are required for graduation. These internships offer three to six credit hours of academic credit for planned, supervised work experience. During an internship, the intern is expected to have completed, or to be completing, at 65 | 2013-14 Academic Catalog least three courses directly related to their major and to be currently enrolled in others. Students are required to work at the approved internship site for 120 hours. The student will apply the skills, knowledge, and theories developed in the classroom to professional work responsibilities. During the same semester the student is completing the internship, he or she is required to be enrolled in an internship class in the major. This class provides the student with internship supervision, advising and transition services for career planning. While the student is expected to locate his/her own internship, Career Services has internships postings and will assist in locating an internship that is relevant to the student\u2019s major and career goals. Career Services posts approved internships on a job posting web site (College Central Network.) For information concerning academic internships, the student should contact Career Services or his or her academic advisor. No more than six hours of internship credit can be applied to graduation credit. The course 300 Workplace Connections, is a prerequisite for Internships in all majors. International Study Interested students may include study abroad in their educational plans. Through the generous support of a fund endowed by Mr. and Mrs. W. Trent Ragland, Jr., as well as smaller scholarships provided by other donors, qualified students are eligible to receive grants to assist students in participating in various programs of international study full-time student with a cumulative of 2.6 or higher is eligible for consideration for Ragland grants if the student is returning to Peace the semester after the study abroad is completed. Recipients of Ragland grants are expected to have a serious interest in international study and to be ambassadors for the University and their country. Students at William Peace University can also participate in summer programs offered by other institutions or semester abroad programs. The junior year is ideal for participation in semester abroad programs. Please see the Vice President of Academic Affairs for information. The following policies govern William Peace University\u2019s provision of international travel: \uf0a7 All students and faculty traveling abroad on William Peace University international studies programs receive limited accident and sickness coverage through the University\u2019s Foreign Program insurance policy. The Business Office should be consulted for details. \uf0a7 All students will complete a medical form provided to them by the Office of International Studies. These forms will be kept confidential. \uf0a7 All students will return a waiver signed by the student and their parent/guardian to the Office of International Studies. \uf0a7 In case of program cancellation: 1. The University reserves the right to cancel a trip if there are concerns about the safety of students and faculty. 2. Trip cancellation/interruption insurance (covering airfare) is required for all program participants. If the travel company deems refunds or partial refunds are due, the University will forward those refunds to students, with the exception of funds provided through the Ragland Travel Fund or other William Peace University donor funds. Additional trip insurance (beyond airfare) is also encouraged. 3 student who decides, after published deadlines, not to participate in a trip is liable for expenses (including repayment to the Ragland Travel Fund or other donor funds) not covered by trip cancellation insurance. 66 | 2013-14 Academic Catalog Academic Honor Societies Students are invited to join an academic honor society based on certain criteria. There is a spring induction ceremony. \uf0b7 Alpha Chi National Honor Scholarship Society. Since 1922, Alpha Chi\u2019s purpose has been to promote academic excellence and exemplary character among college and university students and to honor those who achieve such distinction. The William Peace University chapter is North Carolina Psi. To be eligible for membership in Alpha Chi, students must have completed at least 59 hours of credit with a minimum of 3.6 and must rank in the top 10 percent of their class. In the case of transfer students, at least 24 hours must have been completed at William Peace University, and both the overall and the must meet these standards. \uf0b7 Beta Beta Beta is a National Biological Honor Society, dedicated to improving the understanding and appreciation of biological study and extending boundaries of human knowledge through scientific research. To be eligible for membership, a student must have 1) a minimum average of \u201cB\u201d in at least four biology courses, 2) declared a major in biology, and 3) good academic standing overall. \uf0b7 Gamma Sigma Sigma is a service organization for women. It has a long and proud history of providing service to our communities, developing life-long friendships, and providing leadership opportunities for its members. Members must pay national dues. \uf0b7 Omicron Delta Kappa, a national honor society for leadership, was chartered at Peace in April 2009. The purpose of The Omicron Delta Kappa Society is threefold: first, to recognize those who have attained a high standard of efficiency in collegiate activities and to inspire others to strive for conspicuous attainments along similar lines; second, to bring together the most representative students in all phases of collegiate life and thus to create an organization which will help to mold the sentiment of the institution on questions of local and intercollegiate interest; third, to bring together members of the faculty and student body of the institution, as well as other Omicron Delta Kappa members, on a basis of mutual interest, understanding, and helpfulness. \uf0b7 Phi Beta Lambda is a national organization for all students in post-secondary schools and colleges enrolled in programs designed to develop vocational and professional competencies and who accept the purpose of Phi Beta Lambda (PBL) and subscribe to its creed. Students must become members of the national organization and pay dues. \uf0b7 Psi Chi is the International Honor Society in Psychology. Its purpose is to encourage, stimulate, and maintain excellence in scholarship and advance the science of psychology. Membership is open to students who are making the study of psychology one of their major interests, and who meet the minimum qualifications, including: second-semester sophomore status, completion of 9 credit hours of Psychology classes, established at Peace of at least 3.0, and a rank within the top 35% of the class (within sophomore, junior or senior year). Psi Chi is a member of the Association of College Honor Societies and is an affiliate of the American Psychological Association (APA) and the Association for Psychological Science (APS). 67 | 2013-14 Academic Catalog \uf0b7 Sigma Tau Delta\u2019s central purpose is to confer distinction upon outstanding students of the English language and literature in undergraduate, graduate, and professional studies. Membership in this honor society is available to juniors and seniors who have completed at least two English courses beyond introductory composition, who have at least a average in English, and who rank in the highest 35 percent of their class in general scholarship member of the Association of College Honor Societies, Sigma Tau Delta is composed of more than 560 chapters located throughout the United States, Europe, Canada, and the Caribbean. Student Publications University Literary Magazine provides a vehicle for Peace\u2019s writers and artists to express their thoughts and ideas. The magazine is published annually. University Newspaper The Peace Times keeps the University community updated on campus happenings. Conferences and Competitions for Students William Peace University encourages students to present their academic work at conferences and to compete in events related to their disciplines. Students regularly submit their work to the National Conference on Undergraduate Research (NCUR) and other discipline-specific conferences. William Peace University helps to support students who are presenting or competing as a member of the William Peace University community through some funding assistance. Community Service or Service Learning Students have many opportunities for community service in the broader Raleigh community. This is organized through Student Services, and students are encouraged to introduce ideas as well. Selected classes will also afford students the opportunity to take on a project or practicum in the community to learn more about the discipline of study. Cooperating Raleigh Colleges (CRC) William Peace University is a member of Cooperating Raleigh Colleges (CRC). Through this inter- institutional consortium, consisting of William Peace University, Meredith College, North Carolina State University, Saint Augustine\u2019s University, Shaw University, and Wake Tech Community College9, a student may register for a class at any of the other five participating institutions. Inter-institutional courses typically are used for personal interest and academic enrichment, or to strengthen a major. Through Cooperating Raleigh Colleges a student may also participate in Army, Navy, Marines or Air Force programs. Our arrangement also allows students from the other five Raleigh institutions to attend classes at William Peace University. Students who desire cross-registration at one of the Cooperating Raleigh Colleges should request a registration form from the Office of the Registrar. Approval must be secured from the student\u2019s advisor, the Vice President for Academic Affairs, and the Registrar. 9 Cross registration with Wake Tech will begin spring 2014. 68 | 2013-14 Academic Catalog Typically, approval will be granted only for courses not offered on the William Peace University campus, and, generally, these courses are open only to sophomores, juniors, and seniors. Approval granted to register for a Cooperating Raleigh Colleges class does not guarantee enrollment. Class availability is subject to departmental restrictions and class size limitations at the host campus. Enrollment is free as long as the Peace student is a full-time student (12 credit hours minimum) and enrolled in at least 9 hours at Peace. All courses are treated as transfer credit, therefor only courses with a grade of \u201cC-\u201c or higher will be accepted courses are not included in the student\u2019s GPA. Library and research facilities at all Cooperating Raleigh College participating institutions, including borrowing privileges, are available to William Peace University students. Interested students should consult the Director of Library Services. U.S. Army Reserve Officer Training Corps Program (ROTC) The mission of the is to commission the future officer leadership of the United States Army and motivate young people to be better Americans. Army develops self-discipline, responsibility, and the confidence necessary to succeed in the Army or in a civilian career through recruiting, selecting, motivating, training, and retaining students who possess leadership potential graduates are leaders, thinkers and decision-makers. They meet problems head-on and solve them quickly. They know how to adapt to situations and take charge. They will find that their background and experience in can be a valuable asset if they decide to pursue a civilian career or a career in the Army. The practical experience they gain by completing Leader Development and Assessment Course (LDAC), and the advance course will determine their placement in active duty or reserve and the branch they will receive in the Army. The Military Science Program of Instruction is structured to develop and assess the following characteristics within students strong personal integrity and a sense of duty strong sense of individual responsibility and accountability \uf0a7 An understanding of the principles of leadership, time management, and organizational structures \uf0a7 The ability to communicate effectively both orally and in writing general knowledge of the historical development of the U.S. Army and its role in support of national objectives \uf0a7 An understanding of military life as a commissioned officer to include opportunities and obligations \uf0a7 Development of cadets\u2019 ethical and moral perspective \uf0a7 The ability to apply principles of leadership, management, and tactics. School of Professional Studies (SPS) The School of Professional Studies (SPS) is an evening program for working students. Courses are offered onsite and online in an accelerated format. Students enrolled in the day program at Peace do not usually enroll in the courses during the fall and spring semesters. The exception to this policy is if the advisor and the Vice President for Academic Affairs agree, after meeting with the student and reviewing his/her record, that the student faces extenuating circumstances and demonstrates the capability to complete the accelerated pace of the evening program in combination with daytime classes. Further information on is available in the School of Professional Studies Academic Catalog. 69 | 2013-14 Academic Catalog Summer School at William Peace University administers summer school at Peace. Summer sessions at Peace offer a variety of undergraduate courses for continuing and entering students. Courses are available to students from other colleges and universities. For specific information about summer programming, consult the web site or call the Office at 919-508-2293 schedule of courses is available online or in the Office of the Registrar student is strongly encouraged to meet with his/her advisor prior to signing up for summer courses. Master\u2019s Level Articulation Agreements William Peace University has developed articulation agreements with a variety of master\u2019s programs. These articulation agreements provide many benefits to Peace students including visits to the Peace campus by representatives of the programs and an early decision on the application. The University has an articulation agreement with the Graduate School (more than 160 graduate and Ph.D. programs) and with some individual departments at NCSU. Peace has two agreements with UNC- Chapel Hill, one with the School of Education Master of Arts in Teaching program, which gives students access to a 15-month program that will enable them to meet licensure requirements to teach all subjects at the secondary level. Peace also has an agreement with the UNC-Chapel Hill Department of Allied Health Sciences, which offers degrees in speech-language pathology, occupational therapy, rehabilitation counseling, audiology, and physical therapy. William Peace University and have an agreement that provides Master of Arts in Teaching options in elementary, secondary and special education. See the Registrar for more information There are a variety of awards given annually to recognize student achievements. Bios Award in Biological Science: Established in 1990 by Peace faculty members Drs. Patricia L. Weigant and Lisa A. Bonner, this award recognizes outstanding biology majors. Chemistry Achievement Award for a First-Year Student: Sponsored by the Chemical Rubber Company, this award is given to the first-year student attaining the highest achievement in general chemistry. Elizabeth Gibson Taylor Prose Award: This award was established in 1982 to honor Elizabeth Gibson Taylor \u201822 for her interest in English studies. This award is presented annually to the student who has produced the most outstanding work of prose published in the University literary magazine. Ida Withers Currie Award: The Ida Withers Currie Award is given to the outstanding senior business student chosen by the business faculty. James Currie established this award in honor of his sister, Ida Withers Currie \u201829, a Peace graduate and former Business professor at Peace College. Jane Herring Wooten \u201937 Research Grants: Established in 1998 by Peace graduate and retired Raleigh pediatrician Dr. Jane Herring Wooten \u201937 and her husband Kenneth Wooten, for students conducting research projects in cellular and molecular biology. 70 | 2013-14 Academic Catalog Katharine Bryan Sloan Graham Academic Achievement Award: Recognized annually at graduation, the award was established in 1969 in memory of Katharine Bryan Sloan Graham, the first student to matriculate at Peace in 1872. The award is presented to the graduating senior whose academic record places them at the top of the class and who, in the opinion of the faculty and administration, exemplifies commendable traits of citizenship, cooperation, and concern for others. Mary Pate Currie Award: This award was established in memory of Mary Pate Currie, Peace College class of 1923, by her family and friends. The award recognizes a rising William Peace University senior of high moral character who exemplifies the character of Mary Pate Currie. The selection is made annually by a committee of faculty members representing the areas of humanities and fine arts. The recipient will demonstrate high academic achievement and have a major in an area of the humanities. Nancy J. Frazier Student Service Award: This award was established by former Peace President Dr. S. David Frazier in memory of his mother. The award is presented to a student in student government who has demonstrated outstanding service to the University and her/his classmates. Outstanding Graduate Award: The University annually presents this award to a bachelor\u2019s degree graduate who, in the opinion of the faculty and administrative staff, is the outstanding member of the graduating class in academic, social, and religious leadership; in acceptance of their obligations; and in their general interpretation of the ideals of William Peace University. The Peace Times Award: The Peace Times Award is presented by faculty advisors to members of the Peace Times staff who have made the most significant contributions to the student newspaper during the year. Penny English Award: The late Celeste Penny, class of 1909, who taught English for many years in the North Carolina public schools, established this award in 1973. It is awarded to a first- year student chosen by the faculty of the English department for the most outstanding work in the first-year English classes. Penny Poetry Award: The Penny Poetry Award, established in 1977, is given annually to the student who has produced an outstanding work of poetry published in the University literary magazine. Psi Chi Outstanding Student in Psychology Award: Established in 2002 by the faculty of the psychology program to recognize excellence in the research and practice of psychology. The award is presented annually to the student chosen by the psychology faculty who demonstrates a commitment to scientific study of human behavior and to the values of tolerance, compassion, and critical thinking that are essential components of the discipline. Schwertman Award for Excellence in English: This award is presented annually to the student chosen by the English faculty for the most outstanding work in English. The award honors the memory of Dr. Mary Pogue Schwertman, who taught English at Peace from 1960 until her death in 1981. 71 | 2013-14 Academic Catalog Tyner-Crossno Award in History and Political Science: This award, established in 1987 by Dr. Wayne C. Tyner, retired Alumnae Professor of History, and Mr. John L. Crossno, retired Associate Professor of History, is given annually to a student who has taken at least nine semester hours in history and/or political science, who has done excellent work in those courses, and who has demonstrated seriousness of purpose in his or her studies. W. Robert Everett Business Achievement Award: The W. Robert Everett Business Achievement Award Fund is given to an outstanding sophomore chosen by the business faculty. 72 | 2013-14 Academic Catalog Writing (WR) The ability to write well is an important life skill. At William Peace University, all students take four semesters of writing taught by English faculty. Students also have assistance available to help them improve their writing in the Learning Center on the second floor of the Finch Library. Students will communicate professionally and effectively through proper conventions of writing. Courses in this category emphasize the use of argument, grammar, tone, and structure. (10 total credit hours 112 Composition (3 200 Writing About Literature (3) Select one upper-level writing course 312 Advanced Topics in Writing (3) or 313 Writing About Storytelling in Simulation (3) or 314 Professional Writing (3) or 316 Advanced Grammar (3 400 Senior Writing Lab (1) Examples of student outcomes include: \uf0a7 Understand writing as a series of tasks, including finding, evaluating, analyzing, and synthesizing appropriate sources, and as a process that involves composing, editing, and revising. \uf0a7 Critically analyze texts, including understanding an argument's major assertions and assumptions and how to evaluate its supporting evidence. \uf0a7 Prepare arguments for specific audiences and occasions. \uf0a7 Demonstrate research skills, integrate their own ideas with those of others, and apply the conventions of attribution and citation correctly. \uf0a7 Use appropriate format, syntax, grammar, punctuation, and spelling. Empirical Reasoning (EMP) Students will understand methods for gathering, analyzing, and interpreting data. Courses in this category will emphasize an analysis and critique of methods used to generate knowledge with a special emphasis on factors that limit the validity and generalizability of findings. (10 total credit hours 201 Statistics (3) \uf0a7 Choose 1 Empirical Reasoning Course within the Natural Sciences, for example 216 Biological Anthropology (4 101 Principles of Biology (4 111 General Chemistry (4 112 General Chemistry (4) \uf0a7 Choose 1 Empirical Reasoning Course within the Social Sciences, for example 214 Cultural Anthropology (3 260 Political Economy (3 101 General Psychology (3) 73 | 2013-14 Academic Catalog Examples of student outcomes include: \uf0a7 Interpret mathematical models such as formulas, graphs, tables, and schematics, and draw inferences from them. \uf0a7 Communicate mathematical information symbolically, visually, numerically, and verbally. \uf0a7 Apply mathematical/statistical techniques and logical reasoning to produce predictions, identify optimal, and make inferences based on a given set of data or quantitative information. \uf0a7 Judge the soundness and accuracy of conclusions derived from quantitative information, recognizing that mathematical and statistical methods have limits and discriminating between association and causation. \uf0a7 Apply statistics to evaluate claims and current literature. \uf0a7 Demonstrate an understanding of the fundamental issues of statistical inference, including measurement and sampling. Ethical Reasoning (ETH) Students will examine current and historical ethical topics as well as the use of their own value systems as ethical criteria. Courses in this category help students identify the values and priorities that underlie specific ethical problems and apply ethical standards to contemporary debates. (4 total credit hours 100 Professional Development Seminar I: First Year Experience (1 400 Interdisciplinary Ethics Seminar (3) Examples of student outcomes include: \uf0a7 Understand and use correctly the basic terminology from established models of ethical decision making. \uf0a7 Follow the steps of an established model for making ethical decisions. \uf0a7 Analyze elements of ethical decision making in the workplace. Critical Thinking about Culture and Society (CTC) Students will identify the ways in which human cultures produce values, customs, and social identities, using regional, historical, or global contexts. Courses in this category will require students to analyze cultural constructions of meaning and the systems that help shape those meanings, including religious, political, artistic, and historical systems. (15 total credit hours) \uf0b7 Required Course: 100- or 200-level (3) \uf0b7 Select four courses from three different areas (for example or courses that meet the criteria above) At least one of these courses must have a non-western focus (CTC-NW) (12) Regularly Offered Courses Satisfying the Requirement Include 214 Cultural Anthropology 240 Anthropology of Death 305 Hispanic Voices in the 131 Environmental Biology 200 Media & Culture 230 Media Writing 240 Introduction to Public Relations 74 | 2013-14 Academic Catalog Examples of student outcomes include: \uf0a7 Carefully interpret, analyze, and evaluate evidence, statements, graphics, questions, regarding the different ways cultures create meaning. \uf0a7 Construct well-supported, clearly articulated, and sustained arguments about particular expressions of human culture. \uf0a7 Justify conclusions based on well-supported arguments. Professional Readiness (PR) Students will develop practical competencies to enhance their professional lives. (10 total credit hours 101 Public Speaking (3 200 Professional Development Seminar II: Career and Leadership Development (1 300 Professional Development Seminar III: Workplace Connections (1) \uf0a7 Professional Development Seminar IV: Internship in the Major (3 120 Personal Finance (1 180 Introduction to Media Literacy (1) Examples of student outcomes include: \uf0a7 Demonstrate the ability to speak confidently and knowledgeably in a public setting. \uf0a7 Manage personal finances. \uf0a7 Locate and access information in print and in electronic form. \uf0a7 Evaluate the quality, accuracy, timeliness, and usefulness of information. \uf0a7 Produce a competent resume or vita in preparation for choosing a career. \uf0a7 Complete a professional internship in a workplace setting in support of a particular career path. Total Liberal Education Hours Required: 49 credit hours 211 British Literature before 1700 212 British Literature after 1700 214 Studies in Fiction 216 American Literature after 1700 219 Latin American Literature 220 World Literature before 1700 221 World Literature after 1700 103 World Civilization 104 World Civilization 201 History of the United States 202 History of the United States 201 Introduction to Philosophy 201 American Government 202 State and Local Government 270 Introduction to Law & the Legal System 111 World Religions 114 Introduction to the Old Testament 124 Introduction to the New Testament 75 | 2013-14 Academic Catalog \uf0a7 Anthropology \uf0b7 Minor in Anthropology \uf0a7 Biology \uf0b7 Bachelor of Arts in Biology \uf0b7 Bachelor of Science in Biology \uf0b7 Minor in Biology \uf0a7 Business Administration \uf0b7 Bachelor of Science in Business Administration Concentration Options \uf0b7 Global Business \uf0b7 Leadership and Management Studies \uf0b7 Marketing \uf0b7 Sports Management \uf0b7 Minor in Business Administration \uf0b7 Minor in Leadership and Management Studies \uf0b7 Minor in Marketing \uf0a7 Chemistry \uf0b7 Minor in Chemistry \uf0a7 Communication: \uf0b7 Bachelor of Arts in Communication Concentration Options \uf0b7 Public Relations \uf0b7 Integrated Media \uf0b7 Graphic Design \uf0b7 Minor in Communication \uf0a7 Criminal Justice \uf0b7 Bachelor of Arts in Criminal Justice \uf0b7 Minor in Criminal Justice \uf0a7 Education \uf0b7 Bachelor of Arts in Education \uf0b7 Licensure in Elementary Education \uf0b7 Licensure in Special Education \uf0b7 Dual Licensure in Elementary Education and Special Education \uf0b7 Non-licensure degree \uf0a7 English \uf0b7 Bachelor of Arts in English \uf0b7 Minor in English \uf0b7 Minor in Writing \uf0a7 History \uf0b7 Minor in History \uf0a7 Liberal Studies \uf0b7 Bachelor of Arts in Liberal Studies 76 | 2013-14 Academic Catalog \uf0a7 Political Science \uf0b7 Bachelor of Arts in Political Studies \uf0b7 Minor in Political Science \uf0a7 Pre-Law \uf0b7 Bachelor of Arts in Pre-Law \uf0a7 Psychology \uf0b7 Bachelor of Arts in Psychology \uf0b7 Concentration Option: Psychology Research \uf0b7 Minor in Psychology \uf0a7 Religion \uf0b7 Minor in Religion \uf0a7 Simulation and Game Design \uf0b7 Bachelor of Arts in Simulation and Game Design \uf0a7 Theatre/Musical Theatre \uf0b7 Bachelor of Arts in Theatre \uf0b7 Bachelor of Fine Arts in Musical Theatre \uf0b7 Minor in Theatre \uf0a7 Women\u2019s Studies \uf0b7 Minor in Women\u2019s Studies 77 | 2013-14 Academic Catalog 19 credit hours Required courses: 7 credit hours 214: Cultural Anthropology 3 216: Biological Anthropology 4 Elective course choices: 12 credit hours 218: Archaeology: People and the Past 3 240: Anthropology of Death 3 295/395/495: Special Topics 3 305: Hispanic Voices in the 3 310: An Anthropology of Sport 3 315: Globalization, People and Culture 3 330: Forensic Anthropology 3 368: American Ethnic Relations 3 370: The Female of the Species 3 380: India, Past and Present 3 392/492: Directed Study 3 450: Archaeological Fieldwork 4 78 | 2013-14 Academic Catalog major in biology prepares you for admission to professional programs in health professions such as \u2022 medicine \u2022 physician assistant \u2022 dentistry \u2022 veterinary medicine \u2022 nursing \u2022 physical therapy \u2022 pharmacy \u2022 podiatry \u2022 optometry You can continue in graduate school in areas of biological science such as \u2022 genetics or genetic counseling \u2022 microbiology \u2022 clinical research \u2022 occupational therapy \u2022 audiology \u2022 speech pathology \u2022 zoology \u2022 physiology \u2022 marine biology \u2022 environmental biology \u2022 ecology You can enter the workplace immediately after graduation in careers such as \u2022 laboratory research assistant \u2022 pharmaceutical sales \u2022 Special Agent for State Bureau of Investigation \u2022 zoo assistant \u2022 museum education outreach \u2022 field research assistant Biology is offered as a major or minor at William Peace University. The Bachelor of Arts degree offers more flexibility within the program while the Bachelor of Science degree is more focused, requiring additional specific math, chemistry, and physics. Consult your advisor about which degree best suits your post-graduate goals. Regardless of the type of degree chosen, students in the Biology major take requirements and choose electives from content areas: Organismal Biology, Interrelationships, Evolutionary Biology, and Cell Biology and Genetics. Specific courses are recommended as part of the Liberal Education Curriculum in the areas of Empirical Reasoning and Professional Readiness major in biology prepares you for several different disciplines ranging from professional programs in health, graduate school in biological science or a career in biology immediately following graduation. If a student decides to take the path of professional programs in health, they will be able to study in areas including medicine, physician assistant, dentistry, veterinary medicine, nursing, physical therapy, 79 | 2013-14 Academic Catalog pharmacy, podiatry, optometry, audiology, and other professions. Graduate school in biological science can lead to disciplines in genetics or genetic counseling, microbiology, clinical research, audiology, speech pathology, zoology, marine biology, environmental biology, ecology and other areas. Immediately after graduation from William Peace University, a degree in biology can lead to careers in laboratory research, pharmaceutical sales, State Bureau of Investigation technician, zoo assistant, museum education outreach, field research assistant and many others Liberal Education Curriculum: Empirical Reasoning within the Natural Sciences: Recommend 101: Principles of Biology Professional Readiness 490 (Internship) or 499 (Undergraduate Research) Biology Core Courses : Biology Electives : Allied Requirements : General Electives : Total credit hours for the B.S. in Biology: 49 credit hours 18-19 credit hours 17-20 credit hours 28 credit hours 4-8 credit hours 120 credit hours 18-19 credit hours 101: Principles of Biology10 Group (choose one 210: Botany 320: Vertebrate Zoology 321: Invertebrate Zoology Group (choose one 330: Ecology 430: Ethology: Animal Behavior Group (choose one 460: Genetics 450: Cell Biology Capstone 440: Evolutionary Biology 17-20 credit hours Five additional courses, of which at least two must include a lab. May include any courses listed in the biology curriculum (including core courses which have not already been taken) or other biology courses approved through or summer school. Students should choose biology electives based on their chosen career or post-graduate plans 28 credit hours 111: General Chemistry 112: General Chemistry 211: Organic Chemistry 212: Organic Chemistry 10 If 101 is taken as a Liberal Education requirement, it may be \u201cdouble counted,\u201d allowing the student to take 4 additional hours of general elective credit hours. 80 | 2013-14 Academic Catalog \u2022 Physics \u2022 Physics 241 or higher 4-8 credit hours Liberal Education Curriculum: Empirical Reasoning within the Natural Sciences: Recommend 101: Principles of Biology Biology Major Courses Biology Electives Allied Requirements General Electives Total credit hours for the B.A. in Biology 49 credit hours 18-19 credit hours 17-20 credit hours 8 credit hours 24-28 credit hours 120 credit hours 18-19 credit hours 101: Principles of Biology11 Group (choose one 210: Botany 320: Vertebrate Zoology 321: Invertebrate Zoology Group (choose one 330: Ecology 430: Ethology Group (choose one 450: Cell Biology 460: Genetics Capstone 440: Evolutionary Biology 17-20 credit hours Five additional courses, of which at least two must be with lab. May include any courses listed in the biology curriculum (including core courses which have not already been taken) or other biology courses approved through or summer school. Students should choose biology electives based on their chosen career or post-graduate plans 8 credit hours 111: General Chemistry 112: General Chemistry 24-28 credit hours 11 If 101 is taken under the Liberal Education requirements, it may be \u201cdouble counted,\u201d allowing the student to take 4 additional hours of general elective credit hours. 81 | 2013-14 Academic Catalog 18-20 credit hours 101 plus 4 additional biology courses, of which at least two must be with lab The Business Administration program at William Peace University offers a Bachelor of Science in Business Administration degree with concentrations in Global Business, Marketing, Sport Management, and Leadership and Management Studies. Underlying the undergraduate degree program is a solid core of business courses, which prepare students for the significant managerial positions in the 21st century whether in a for-profit, nonprofit, or public setting. The curriculum emphasizes analytical tools needed to solve the intricate problems in the contexts of a turbulent environment, increasing globalization, and technological advancements facing today\u2019s organizations. The combination of theoretical and applied course content ensures that students are prepared for business careers and/or graduate studies. The goal of our dedicated business faculty is to enhance the knowledge base of our students, to encourage lifelong learning, and to empower our students with the critical thinking skills necessary to make today\u2019s complex business decisions. It is consistent with the traditions of excellence, integrity, liberal arts education, and community sample of the career paths of our graduates include business owners, managers, sales representatives, public relations professionals, financial professionals, human resource specialists, and non-profit leaders. To earn the Bachelor of Science in Business Administration (BSBA) degree, majors must earn a minimum of 120 credits. Business majors fulfill all Liberal Education requirements as well as all core courses. Students also complete 15 credit hours of business electives which may be used to complete one of the program\u2019s concentrations Liberal Education Curriculum: Business Core Courses : Business Electives or Concentration: General Electives : Total credit hours for the B.S. in Business Administration: 49 credit hours 39 credit hours 15 credit hours 17 credit hours 120 credit hours 39 credit hours 160: Global Business Environment 211: Microeconomics 212: Macroeconomics 202: Finite Math or 241 Calculus 221: Principles of Accounting 222: Principles of Accounting 230: Marketing 225: Finance 240: Management and Organizational Behavior 250: Human Resource Management 270: Business Law 441: Decision Science 3 3 3 3 3 3 3 3 3 3 3 3 82 | 2013-14 Academic Catalog 499: Strategic Management \u2022 Business Electives 300-level or higher 3 15 With the help of your academic advisor, you may create a focus within your major by using your business electives to complete one of the following concentrations Choose 12 credits, in any combination, from the following 345: Global Business Opportunities and Challenges 493 (second 3 credit hour Internship in Global Business) \u2022 Study Abroad \u2022 Study Tour \u2022 Foreign Language electives \u2022 Anthropology electives 12 credit hours 3 3 Up to 9 Up to 9 Up to 9 Up to 9 12 credit hours 140: Introduction to Leadership 343: Leadership & Change in Organizations 354: Performance Management \u2022 Plus choose (1 340: Group Process and Dynamics 356: Employee Selection and Development 3 3 3 3 12 credit hours 332: Consumer Behavior 331: Advertising 426: Sales and Marketing Management 336: Marketing Research 3 3 3 3 12 credit hours 320: Sports Management 3 370: Sport Law 3 344: Sport Psychology 3 310: An Anthropology of Sport 3 18 credit hours 160: Global Business Environment 221: Principles of Accounting 230: Marketing 211: Principles of Microeconomics 240: Management and Organizational Behavior \u2022 One 300-level course 3 3 3 3 3 3 18 credit hours 140: Introduction to Leadership 160: Global Business Environment 240: Management and Organizational Behavior 343: Leadership & Change in Organizations 3 3 3 3 83 | 2013-14 Academic Catalog 354: Performance Management \u2022 Plus choose (1 340: Group Process and Dynamics 356: Employee Selection and Development 3 3 18 credit hours 160: Global Business Environment 230: Marketing 332: Consumer Behavior 331: Advertising 426: Sales and Marketing Management 336: Marketing Research 3 3 3 3 3 3 Chemistry is offered as a minor or as a concentration in the Liberal Studies major at William Peace University. Chemistry is the study of matter [everything in our lives]. By learning the principles that predict the behavior of matter, students can better understand the world around them. All that we are depends upon Chemistry. Courses will include both inorganic, organic, and biochemistry. These will prepare students for future careers in all medical fields, graduate work, and/or laboratory positions. Students wishing to obtain a minor in Chemistry are required to complete: General Chemistry 111 & 112], Organic Chemistry 211 & 212], and one other course in the field. Biochemistry is offered and will fulfill this requirement 19-20 credit hours 111: General Chemistry (may double count if a Biology major 112: General Chemistry (may double count if a Biology major 211: Organic Chemistry (may double count if a Biology major 212: Organic Chemistry (may double count if a Biology major) \u2022 300/400 level Chemistry course approved by the faculty 4 4 4 4 3-4 Choosing to major in Communication Peace will prepare you for graduate school or a wide ranging choice of career paths. Many of our graduates are working in corporate communication, public relations, non-profit administration, marketing, sales, journalism, media development, graphic design or communication management. All of our majors complete a core of classes which provide a foundation in creative problem-solving and communication principles. The degree in communication is also supported by a strong liberal foundation, helping you develop an understanding of the history of ideas, human nature, global issues, and popular culture Liberal Education Curriculum: Communication Core Courses : Communication Concentration: General Electives : 49 credit hours 24 credit hours 12 credit hours 35 credit hours 84 | 2013-14 Academic Catalog Total credit hours for the B.A. in Communication: 120 credit hours 24 credit hours 200: Media and Culture 220: Design and Typography 230: Media Writing 270: Digital Media Convergence 300: Communication Research 480: Communication Agency electives 3 3 3 3 3 3 6 With the help of your academic advisor, you will create a focus within your major by choosing one of the following concentrations 12 credit hours 240: Introduction to Public Relations 340: Public Relations Techniques 465: Strategic Communication Campaigns 331: Advertising 3 3 3 3 12 credit hours 211: Interactive and Social Media 390: Multimedia Editing 420: Motion for the Screen 475: Creating the Documentary 3 3 3 3 12 credit hours 317: Design and Typography 329: Imaging 417: Advanced Graphic Design Studio 420: Motion for the Screen 3 3 3 3 18 credit hours 200: Media and Culture 230: Media Writing \u2022 300/400 level electives 3 3 12 The Criminal Justice program engages students in the interdisciplinary study of crime and criminal justice, primarily within the United States. Students gain an understanding of the psychological and sociological dimensions of crime, as well as insights into the workings of the criminal justice system and its components. Students examine both academic and applied aspects of the field. Ethical implications and critical analysis of issues are stressed. 85 | 2013-14 Academic Catalog Students in criminal justice are encouraged to engage in experiences that move beyond the classroom, primarily through research and the Raleigh Experience. This cooperative learning program takes place in applied settings such as local law enforcement agencies, prisons, the court system, law offices, and medical examiner\u2019s laboratories. These experiences have proven exciting and educationally beneficial to political science and pre-law majors and will do the same for criminal justice majors. Liberal Education Program 49 credit hours Criminal Justice Core Classes 18 credit hours Criminal Justice Electives 9 credit hours The Raleigh Experience 12 credit hours General Electives 32 credit hours Total credit hours for the B.A. in Criminal Justice 120 credit hours Required Courses 18 hours 201 Introduction to Criminal Justice 3 220 Introduction to Public Administration 3 240 Abnormal Psychology 3 270 Law and the Legal System 3 343 Psychology and the Law 3 480 Capstone in Political Science 3 Elective Courses (Choose three) 9 hours 330 Forensic Anthropology 3 230 Personality Psychology 3 330 Social Psychology 3 341 Child, Family, and Youth Services 3 360 Family Psychology 3 368 American Ethnic Relations 3 370 Constitutional Law 3 361 Violence in the Family 3 The Raleigh Experience 12 hours 21 credit hours 201 Introduction to Criminal Justice 3 240 Abnormal Psychology 3 270 Law and the Legal System 3 343 Psychology and the Law 3 Choose 1 course from each of the three areas below: Criminal Justice and Behavior 341 Child, Family, and Youth Service 3 361 Violence and the Family 3 86 | 2013-14 Academic Catalog Criminal Justice in the Courtroom 230 Personality Psychology 3 311 Cognitive Psychology 3 330 Social Psychology 3 Culture and Ethics 400 Introduction to Philosophy 3 368 American Ethnic Relations 3 William Peace University offers an education major with a dual licensure option for students who are interested in a teaching career. The Elementary Education (K-6) and Special Education: General Curriculum (K-12) dual licensure option is an innovative, undergraduate program that prepares students for teaching careers in both Elementary Education (K-6) and Special Education: General Curriculum (K- 12). Interested candidates must meet certain academic performance standards and apply to the Education Program (see \u201cProgram Admission Requirements\u201d below). An education major without licensure is available for students not planning to teach in the public schools. Students must complete certain education and elective courses (see below (with licensure 1. Earn a \u201cC\u201d or better in 200. 2. Complete an application to the program. 3. Achieve cumulative of 2.5 or higher in college coursework at the time of program entry. 4. Maintain 2.5 or higher throughout the program. 5. Achieve \u201cC\u201d or better in each course required in the liberal education curriculum. 6. Meet with the Director of Education to discuss the program expectations. 7. Pass Praxis by August 15 prior to junior year. Note: Applicants must score 1100 (minimally) on the or pass Praxis Reading, Math, and Writing portions. If Verbal scores are 550 (minimally), you are exempt from the Reading and Writing sections of the Praxis. If Math scores are 550 (minimally), you are exempt from the Praxis Math section. Register for Praxis tests on-line registration ( 8. Must complete 314, designated for Education Majors, as part of Liberal Education requirements. Liberal Education Curriculum: Education Major Courses (depends on licensure choice): General Electives : 49 credits 41-48 credits 23-30 credits 48 credits 200: Early Experiences for Prospective Teachers 250: Exceptionalities in Education 302: Literacy Methods 1 3 3 87 | 2013-14 Academic Catalog 303: Social Studies Methods 304: Mathematics Methods 305: Science Methods 325: Effective Programs & Learning Strategies 330: Practicum for Special Education 331: Practicum for Elementary Education 351: Classroom Organization and Management 402: Testing and Measurements 452: 21st Century Teacher Leadership 460: Literacy Methods 496: Student Teaching and Seminar 3 3 3 1 1 3 3 3 3 3 15 200: Early Experiences for Prospective Teachers 250: Exceptionalities in Education 302: Literacy Methods 303: Social Studies Methods 304: Mathematics Methods 305: Science Methods 331: Practicum for Elementary Education 351: Classroom Organization and Management 452: 21st Century Teacher Leadership 460: Literacy Methods 496: Student Teaching and Seminar 200: Early Experiences for Prospective Teachers 250: Exceptionalities in Education 302: Literacy Methods 304: Mathematics Methods 325: Effective Programs & Learning Strategies 330: Practicum for Special Education 351: Classroom Organization and Management 402: Testing and Measurements 452: 21st Century Teacher Leadership 460: Literacy Methods 496: Student Teaching and Seminar (NON-LICENSURE) 41 credits 1 3 3 3 3 3 1 3 3 3 15 41 credits 1 3 3 3 3 1 3 3 3 3 15 Liberal Education Curriculum 49 credits Education Major Courses 28 credit s Psychology Electives 15 credits General Electives 28 credits 88 | 2013-14 Academic Catalog 200: Early Experiences for Prospective Teachers 250: Exceptionalities in Education 302: Literacy Methods 303: Social Studies Methods 304: Mathematics Methods 305: Science Methods 325: Effective Programs & Learning Strategies 351: Classroom Organization and Management 402: Testing and Measurements 460: Literacy Methods 1 3 3 3 3 3 3 3 3 3 Students must complete any five (15 credits) from the courses below 101: General Psychology 3 221: Life Span Development 3 230: Personality Psychology 3 240: Abnormal Behavior 3 310: Child and Adolescent Development 3 311: Cognitive Psychology 3 341: Child, Family and Youth Services 3 360: Family Psychology 3 As an English major at Peace, you\u2019ll have opportunities to shape your education in ways most fitting for your passions and your future goals. Choosing from an array of courses in literature, theory, and creative and professional writing, you can focus on a plan of study that will best serve you, now and in the future. Outside the classroom, you\u2019ll enjoy access to independent research \u2013 we\u2019ve sent an average of three English majors yearly to the National Conference for Undergraduate Research \u2013 as well as a variety of exciting opportunities, including Sigma Tau Delta, Alpha Chi, the Prism (our literary magazine), visits from well-known writers, and more. The major will also serve you well in the future, as employers increasingly prefer to hire graduates who demonstrate skills inherent in the study of English: the ability to speak and write clearly and precisely, proficiency in critical thinking, and intellectual flexibility. In addition, the English program has a strong record of placing graduates in graduate school, including programs at UNC-Chapel Hill, George Washington University State, the University of Georgia, and the University of Florida, among others. And, finally, our graduates have gone on to careers as attorneys; administrators and managers; editors; writers (technical and creative); government, corporate, and non-profit employees; small business owners; and teachers (elementary, high school, and university Liberal Education Curriculum: English Core Courses : General Electives : Total credit hours for the B.A. in English: 49 credit hours 33 credit hours 38 credit hours 120 credit hours 89 | 2013-14 Academic Catalog 33 credit hours 220: World Literature Before 1700 212: British Literature After 1700 216: American Literature After 1700 \u2022 Additional hours required in English at the 200-300 level: (15 of the 21 hours must be completed at or above the 300 level 470: Senior Seminar/Capstone class 3 3 3 21 3 18 credit hours \u2022 200 level courses \u2022 300 and 400 level courses 6-9 9-12 18 credit hours \u2022 Choose one 312: Advanced Composition 314: Professional Writing 316: Advanced Grammar \u2022 Choose 15 additional hours from the following courses 147: Prism - Literary Magazine (maximum of 4 credits 211: British Literature before 1700 212: British Literature after 1700 214: Studies in Fiction 216: American Literature after 1700 219: Latin American Literature 220: World Literature before 1700 221: World Literature after 1700 230: Media Writing 285: Introduction to Creative Writing 312: Advanced Composition 313: Writing about Storytelling in Simulation 314: Professional Writing 316: Advanced Grammar 3 credit hours 3 3 3 15 credit hours 1 3 3 3 3 3 3 3 3 3 3 3 3 3 The History minor is designed to expose students to the study of the past in all parts of the world and to increase students\u2019 understanding of historical forces in a global context minor in history will connect to and reinforce the work done in any major at Peace, providing historical context and cultural understanding to assist in interpreting contemporary issues. History is offered as a minor in the Liberal Studies major. The study of history deepens your understanding of the past and also provides the means to better understand the problems of today\u2019s world 18 credit hours Select 2 courses from each of the following categories: U.S. History 6 90 | 2013-14 Academic Catalog 201: History of the United States 202: History of the United States 368: American Ethnic Relations 348: History of the South since 1865 Global History 6 103: World Civilization 104: World Civilizations 315: Globalization, People and Culture 380: India: Past and Present History Electives 6 \u2022 Select 2 additional courses Of the 18 credit hours required for the minor, 9 hours must be at the 300 or 400 level Students typically enter the Honors Program in the fall semester of their first year, after being selected from the top entering students and invited by the Honors Coordinator to enroll in Honors courses. Others may begin Honors work after their first semester on the basis of outstanding academic achievement while enrolled at WPU.12 The Honors Program requires the successful completion of 18 credit hours of Honors coursework and a minimum cumulative of 3.0. Honors students are invited to participate annually in organized events with speakers, community members, and other special guests. Experiential learning opportunities are offered, and the University encourages students to present their academic work at conferences and or compete in events related to their disciplines. Students regularly submit their work to the National Conference on Undergraduate Research (NCUR) and other discipline-specific conferences Liberal Studies is offered as a major at William Peace University. The Liberal Studies program includes the following disciplines: English, Fine Arts, Foreign Language, History, Mathematics, Natural Sciences, Philosophy, Religion, and Social Sciences. The Liberal Studies major is an interdisciplinary program, which ensures the flexibility needed in today\u2019s market. It offers both breadth and depth. Together with your advisor and other appropriate members of the faculty, you will craft your curriculum to fit your individual needs and interests Liberal Education Curriculum: Liberal Studies Core Courses : Concentration (15 credit hours Minor (18-20 credit hours): General Electives : Total credit hours for the B.A. in Liberal Studies: 49 credit hours 34-37 credit hours 15-20 credit hours 14-22 credit hours 120 credit hours 12 For additional information, see the description of the Honors Program under \u201cAcademic Opportunities.\u201d 91 | 2013-14 Academic Catalog 34-37 credit hours This section ensures breadth in the student\u2019s program by offering the following courses: \u2022 2 courses each from any 3 Liberal Studies areas \u2022 1 course each from any 4 other Liberal Studies areas \u2022 Liberal Studies Junior Seminar 380 \u2022 Liberal Studies Senior Seminar 470 18-20 12-13 1 3 (for example (for example (for example (for example (for example (for example, BIO, CHE, physically-focused (for example (for example, PSC, PSY, culturally-focused lower-level course taken to prepare a student for a Liberal Education requirement cannot count toward the Liberal Studies core 18-20 credit hours minor offers depth in a student\u2019s program. If a student chooses this option, then the student must complete the minor requirements for a minor offered at William Peace University. The minor can be either in a Liberal Studies area or in a non-Liberal Studies area 15 credit hours concentration offers depth in a student\u2019s program. If a student chooses this option, then the student must complete a course of study created by the Program Coordinator for Liberal Studies that is based on the student\u2019s interests. The course of study can be composed of courses from two or more disciplines that are focused on a common theme. For Liberal Studies, a student\u2019s concentration cannot be in an area that has a minor at William Peace University. For example, a student cannot have a concentration in Anthropology because William Peace University already has a minor in that area. If a student wants to study Anthropology within a Liberal Studies major, then the student should pursue an Anthropology minor 14-22 credit hours (PDS) The program is designed for student learning on \u201cprofessional readiness\u201d upon graduation. The program is a sequence of three one-credit required courses and an upper-level three-credit internship experience. To demonstrate that they have acquired skills and abilities while in the program, each student must develop a portfolio of his or her best work and learning experiences. 92 | 2013-14 Academic Catalog If you\u2019re interested in working in government or being a political leader, the Political Science program at William Peace University\u2013located in the heart of North Carolina\u2019s capital city\u2013is for you. Even if you want to know how laws are made or you want to be a better citizen, then Political Science is for you. Since you\u2019ll be studying just blocks from local, state, and federal government offices, you will have the opportunity to learn from and intern with policy analysts, journalists, and political leaders in the judicial, legislative, and executive branches of state government. The William Peace University Political Science program features exciting classes focused on applying ideas from the political science discipline to events happening now. You will develop your critical thinking, analytical writing, and public speaking abilities in the courses. After you take the courses, you will also participate in a unique learning program\u2014the Raleigh Experience\u2014which will give you hands-on experience working with professionals in areas related to political science. When you graduate, you will be well prepared to start a career in the public sector or attend a graduate or professional program, like law school Liberal Education Curriculum:13 Political Science Core Courses: Political Science Electives: The Raleigh Experience: General Electives: Total credit hours for the B.A. in Political Science: 49 credit hours 15 credit hours 6 credit hours 15 credit hours 35 credit hours 120 credit hours 15 credit hours 201: American Government 202: State & Local Government 260: Political Economy 270: Law and the Legal System 280: Public Policy 3 3 3 3 3 6 credit hours Choose two of the following courses 305: Campaigns and Elections 311: Political Leadership 370: American Constitutional Law 15 credit hours14 13 Students may take 3 credit hours of general electives in place of the internship in the Liberal Education requirements. The Raleigh Experience meets the internship requirement. 14 To enroll in the Raleigh Experience, a student must be a Political Science (PSC) or Pre-Law (PRL) major and have earned at least 90 credit hours prior to enrolling in the program. Permission of the department chair may also allow a student to enroll in the program. Also, note that students in the Raleigh Experience are expected to participate from 8 am \u2013 5 pm Monday-Friday during that semester. That means that the student may not take other courses during the Raleigh Experience and must not have other activities (e.g., work or club meetings) during those hours. 93 | 2013-14 Academic Catalog During the senior year, a Peace Political Science major will participate in an intensive (40 hours per week) learning experience, similar to a co-op program at other institutions. They will work for sponsoring organizations in three areas related to the Political Science discipline: advocacy/lobbying, governance, law, non-profit administration, politics, policy research, and public administration. During the semester, they will rotate through three, four-week practicums and be concurrently enrolled in their senior seminar course 410: Practicum in Advocacy/Lobbying 420: Practicum in Governance 430: Practicum in Law 440: Practicum in Non-profit Administration 450: Practicum in Politics 460: Practicum in Policy Research 470: Practicum in Public Administration 4 4 4 4 4 4 4 Also, during the Raleigh Experience semester, students will enroll in 480: Senior Seminar 3 18 credit hours 201: American Government 3 \u2022 Plus 5 additional courses (15 hours) 15 If you\u2019re interested in attending law school and becoming a lawyer or judge, the Pre-Law major is for you. Studying pre-law at Peace means you are only blocks away from county, state, and federal courthouses, as well as the General Assembly, where state laws are made. The William Peace University Pre-Law Program consists of inter-disciplinary courses that will help you hone the skills that law schools and the legal profession desire. You will develop your critical thinking, analytical writing, and public speaking abilities in the courses. After you take the courses, you will also participate in a unique learning program\u2014the Raleigh Experience\u2014which will give you hands-on experience working with professionals in areas related to political science and the law. When you graduate, you will be well prepared to pursue admission to law school or in law-related career Liberal Education Curriculum:15 Pre-Law Core Courses: Allied Courses: The Raleigh Experience: General Electives: Total credit hours for the B.A. in Pre-Law: 49 credit hours 12 credit hours 12 credit hours 12 credit hours 35 credit hours 120 credit hours 12 credit hours 201: American Government 3 202: State and Local Government 3 15 Students may take 3 credit hours of general elective hours in place of the internship under the Liberal Education requirements. Completing the Raleigh Experience fulfills the internship requirement. 94 | 2013-14 Academic Catalog \u2022 PSC270: Law and the Legal System 3 370: American Constitutional Law 3 12 credit hours 201: History of the United States 202: History of the United States 221: Accounting 222: Accounting 3 3 3 3 12 credit hours16 During the senior year, pre-law majors will participate in an intensive (40 hours per week) learning experience, similar to a co-op program at other institutions. They will work for sponsoring organizations in three areas, such as: advocacy/lobbying, governance, law, non-profit administration, politics, policy research, and public administration. During the semester, they will rotate through three, four-week practicums 410: Practicum in Advocacy/Lobbying 420: Practicum in Governance 430: Practicum in Law 440: Practicum in Non-profit Administration 450: Practicum in Politics 460: Practicum in Policy Research 470: Practicum in Public Administration 4 4 4 4 4 4 4 Psychology is the study of human behavior and the mind. Major areas of emphasis include child development, adulthood and aging, family psychology, psychological disorders and treatment, learning and memory, persuasion and influence, and the application of psychological theories to the areas of sport, law, and business. The psychology major helps students develop skills in critical thinking, data analysis, scientific writing, and ethical decision making. The psychology major also prepares students to excel in public speaking and the development of professional presentations: 16 To enroll in the Raleigh Experience, a student must be a Political Science (PSC) or Pre-Law (PRL) major and have earned at least 90 credit hours prior to enrolling in the program. Permission of the department chair may also allow a student to enroll in the program. Also, note that students in the Raleigh Experience are expected to participate from 8 am \u2013 5pm Monday-Friday during that semester. That means that the student may not take other courses during the Raleigh Experience and must not have other activities (e.g., work or club meetings) during those hours. 95 | 2013-14 Academic Catalog PSYCHOLOGY17 Liberal Education Curriculum: Psychology Core Courses: Psychology Electives Concentration in Psychology Research: General Electives: Total credit hours for the B.A. in Psychology: 49 credit hours 24 credit hours 15 credit hours 32 credit hours 120 credit hours 24 credit hours 101: General Psychology 300: Research Methods 303: Research Methods 470: Senior Seminar \u2022 Choose 1 course from each of the four major areas listed below: Cognitive and Biological Sciences 311: Cognitive Psychology 382: Learning 411: Biological Psychology Developmental Processes 360: Family Psychology 221: Life Span Development 310: Child and Adolescent Development 321: Psychology of Adulthood and Aging Social, Personality, and Applied 230: Personality Psychology 245: Sport Psychology 330: Social Psychology 343: Psychology and the Law 375: Human Sexuality and Gender Abnormal and Clinical Psychology 240: Abnormal Behavior 341: Child, Family and Youth Services 361: Violence in the Family 440: Counseling Theories and Techniques 3 3 3 3 12 17 No more than three courses used by a student to fulfill the requirements for the psychology major can also be used by that student to fulfill the Liberal Education requirements. Students majoring in psychology may \u201cdouble count\u201d nine credit hours toward the completion of second majors or six credit hours toward the completion of a minor. Students who double major must complete an internship in psychology unless their internship in the other discipline clearly includes psychology-related elements (e.g., research, data collection, consulting, or counseling). Students must obtain approval from the Psychology internship coordinator prior to the completion of the other internship in order to receive an exemption from 490/491. 96 | 2013-14 Academic Catalog 15 credit hours Psychology elective courses at the 300/400 level 15 credit hours 394: Psychology Research 396: Psychology Research 480: Honors Thesis in Psychology electives 3 3 3 6 18 credit hours Students who want to enhance their major course of study by learning more about human behavior and the mind are encouraged to minor in Psychology minor in Psychology helps students further develop skills in critical thinking, research methods, scientific writing, ethical decision-making, professional presentations, and socio-cultural awareness. Required courses 101: General Psychology elective 3 3 \u2022 Choose 1 course from each of the four major areas listed below: Cognitive and Biological Sciences 311: Cognitive Psychology 382: Learning 411: Biological Psychology Developmental Processes 360: Family Psychology 221: Life Span Development 310: Child and Adolescent Development 321: Psychology of Adulthood and Aging Social, Personality, and Applied 230: Personality Psychology 245: Sport Psychology 330: Social Psychology 343: Psychology and the Law 375: Human Sexuality and Gender Abnormal and Clinical Psychology 240: Abnormal Behavior 341: Child, Family and Youth Services 361: Violence in the Family 440: Counseling Theories and Techniques 12 Religion plays a central role in virtually every aspect of human society around the globe. It is not 97 | 2013-14 Academic Catalog possible to understand today's pluralistic and interconnected world without knowledge of the religious traditions that lie at the foundation of distinctive cultural outlooks worldwide. Our religion curriculum offers Peace students the opportunity to explore the histories, texts, and practices of many of the world's religious communities and to consider both the profound ways in which religion has worked historically and how it continues to inform and affect the cultural, political, and ethical debates of the current moment. Religion is offered as a minor or as a concentration in the Liberal Studies major 18 credit hours Required courses: 6 credit hours 114: Introduction to the Old Testament 124: Introduction to the New Testament 111: World Religions 3 3 Religion electives: 12 credit hours Choose 4 courses 202: Religion in America 231: Comparative Mythology 244: Prophets and the Prophetic Movement 302: Religion in the American South 315: Wisdom in Ancient Israel and in the Ancient Near East 323: Critical Issues in Western Religious Thought 12 The William Peace University Simulation and Game Design program provides a broad background in simulation and game design. Practical applications in creative arts, visual arts, audio/video technology, interactive storytelling, 3D modeling, animation, programming and management are the core of the major. Combined with a Liberal Education foundation, students will be prepared to become \u201cSerious Gamers\u201d in organizations of tomorrow. The rapid growth of this industry has created a high demand for artists and designers who can combine an art background with technical know-how and an understanding of the complex interconnected world we live in Liberal Education Curriculum: Simulation and Game Design Core Courses: General Electives: Total credit hours for the B.A. in Simulation and Game Design: 49 credit hours 48 credit hours 23 credit hours 120 credit hours 48 credit hours 110: Drawing 160: Art Appreciation 220: Design and Type 270: Digital Media Convergence 3 3 3 3 98 | 2013-14 Academic Catalog 329: Imaging 420: Motion for the Screen 313: Writing About Storytelling in Simulation18 202: Finite Math 111: Intro to Simulation and Game Design 151: Programming 211: Simulation and Game Technology 222: Simulation and Game Design 311: Simulation and Game Technology 322: 3D Modeling and Animation 411: Collaborative Simulation and Game Design 422: Senior Project 3 3 3 3 3 3 3 3 3 3 3 3 23 credit hours The Theatre Arts program is designed for the theatre student to study all aspects of the theatrical world. Theatre students learn to perform, design, research, analyze, imagine, create, budget and work collaboratively with other William Peace University students and local professional artists. After graduating, theatre majors can continue to work in their field of study or seek a graduate degree in design, directing, acting, theory and criticism, law, education, business and non-profit management Liberal Education Curriculum:19 Theatre Required Courses: General Electives: Total credit hours for the B.A. in Theatre: 49 credit hours 33 credit hours 38 credit hours 120 credit hours 39 credit hours \u2022 Two credit hours of crew 105 to 406 series)20 \u2022 Two credit hours of Theatre Performance 101 to 402 series) \u2022 Two credit hours of Showcase 108/208/308/408 series 212: Acting II: Studio Voice 248: Stagecraft21 270: Design 338: Costume & Make-up 312: Acting III: Script Analysis for the Actor 370: Design 412: Acting IV: Audition Techniques & Business of Acting 2 2 2 3 3 3 3 3 3 3 18 If Simulation and Game Design majors select 313 as their \u201cupper-level writing course\u201d under the Liberal Education requirements, they can take three elective hours to complete their major requirements. 19 Under the Liberal Education requirements, Theatre majors take 112 in place of 101 and register for 490 for their internship requirement. 20 105 or 106 must be taken the first year of enrollment. 21 248 should be taken the first year of enrollment. 99 | 2013-14 Academic Catalog 370: Design II: Lighting 390: Theatre History 391: Theatre History 3 3 3 18 credit hours Required courses: \u2022 One credit hour of Theatre Performance series 101 to 402 series 112: Introduction to Acting 270: Design 390 or 391: Theatre History \u2022 Elective Theatre courses 1 3 3 3 8 Musical Theatre is a competitive and demanding profession. If you want to work as a musical theatre artist you will need to train your body, voice, mind, and soul. The Bachelor of Fine Arts in Musical Theatre rigorously trains its students in the \u201ctriple threats\u201d needed to be successful musical theatre performer. Acting, movement, and voice re the core courses for this program. All students are required to perform on stage, work as a crew member, and be a contributing member of the theatre company. Students learn to work collaboratively with other artists while maintaining their own sense of individuality and graduate as confident, marketable, self-assessing artists prepared to step directly into the professional arena Liberal Education Curriculum: Note: Students must take 325 322 as part of the requirement 112 in place of 101 Theatre Required Courses: General Electives: Total credit hours for the B.F.A. in Musical Theatre: 49 credit hours 59 credit hours 12 credit hours 120 credit hours Required Courses in Theatre 59 credit hours First Year 151 152(S): Applied Voice 2 167 168(S): Musical Theatre Styles 4 171 172(S): Applied Piano 2 175 176(S): Musicianship 4 248: Stagecraft 3 105 or 106: Theatre Crew 1 Second Year 251 252(S): Applied Voice 2 267 268(S: ) Musical Theatre Styles 4 271 272(S): Applied Piano 2 275 276(S): Musicianship 4 100 | 2013-14 Academic Catalog Third Year 351 352(S): Applied Voice 2 367 368(S): Musical Theatre Styles 4 Fourth Year 451 452(S): Applied Voice 2 467 468 (S): Musical Theatre Styles 4 Other Required Courses Two credit hours of Theatre Performance 101 to 402 series) 2 Two credit hours of Theatre Showcase 108 to 408 series) 2 212: Acting II: Studio Voice 3 312: Acting III: Script Analysis for the Actor 3 338: Costume & Makeup 3 385: History of Musical Theatre 3 412: Acting IV: Audition Techniques & Business of Acting 3 The Women\u2019s Studies minor is designed to help students examine the ways in which gender is constructed, learned, and performed in different cultures and social contexts. Women\u2019s Studies helps students to identify how these constructions of gender are shaped by power and to develop strategies for social, political and economic change. Comprised of interdisciplinary courses from across the curriculum, Women\u2019s Studies uses feminist theory as a lens to explore gender inequality and other systems of inequality, such as those based in racism, classism, heterosexism and colonialism. By using this lens, students can better understand the global issues that so many women face, including: health disparities, unpaid labor, limited reproductive choices, violence, and political under representation. As a discipline, Women\u2019s Studies is informed by the fields of anthropology, economics, history, law, literature, medicine, philosophy, political science psychology, public health, religion, and sociology. Classes in Women\u2019s Studies help students refine their skills in critical thinking and writing and can enhance almost every course of study. Systems that promote traditional gender role expression and power relations shape both men and women\u2019s perceptions of efficacy and professional goals. By learning tools to identify and deconstruct those systems, students can generate new ideas about careers, the role and purpose of work, and ethical decision-making within the context of their chosen profession 18 credit hours Required course: 3 credit hours 200: Introduction to Women\u2019s Studies 3 Women\u2019s Studies electives: 15 credit hours 374: Image of Women 311: Political Leadership 325: Women On Stage 3 3 3 101 | 2013-14 Academic Catalog 370: Female of the Species 375: Human Sexuality and Gender 3 3 102 | 2013-14 Academic Catalog 214: Cultural Anthropology: People and Culture 3 credit hours Social Science credit credit This course is designed to give you a better understanding of yourself as a human being and of the world in which you live. Through the course you will be introduced to some new and different ways of viewing the world while learning about human cultural diversity. You will learn about a number of peoples from a variety of places and times and you will also learn to take a critical look at your own society and culture. You will become more aware of what culture is, how it has shaped us, and how we can change it. The course will focus on what makes cultural anthropology a distinct discipline in terms of perspective, methodology, and subject matter, and it will consider what insights the discipline has to offer. You will be introduced to some of the topics and issues that have traditionally been of concern to cultural anthropologists and you will learn what role cultural anthropology plays in our ever-changing world. Offered fall and spring 216: Biological Anthropology (Physical Anthropology) 4 credit hours Natural Science credit; three lecture hours, two-hour lab each week Have you ever wondered how crime scene investigators (CSI) can determine, from skeletal fragments, the sex, age, or ethnic identity of a murder victim? Have you ever thought about how unique humans really are? Do you want to know why we are so attracted to babies and so fascinated with the lives of the rich and famous? Are you curious about how human beings have changed over time or how different the human \u201craces\u201d really are? Through class discussion and laboratory exercises, we will explore these questions and more. You will learn about human genetics and human variation, how humans compare to the nonhuman primates, what our early ancestors were like, and how culture and biology have interacted and continue to interact to shape humankind. You will also learn basic techniques used by biological and forensic anthropologists as they evaluate data in order to solve problems. This course is a foundation course for advanced study in forensic and other branches of biological anthropology. Biological anthropology is also a recommended lab science course for students in any major, as it will help you to understand better why we humans are the way we are. Offered fall and spring 218: Archaeology: People and the Past 3 credit hours Social Science credit Have you ever wondered what people like Indiana Jones really do? This course will offer you a basic introduction to the scope and concerns of archaeology, a deeper understanding of the human past, and a greater sensitivity to issues surrounding the reconstruction and representation of that past. The course will begin with a review of the history of the discipline and of the archaeological research process, then proceed to an overview of select aspects of human prehistory and of the archaeology of the United States. In doing so, some of the most famous archaeological discoveries will be covered, including Pompeii and King Tut\u2019s tomb, and also more local and contemporary discoveries such as New York City\u2019s African Burial Ground and Blackbeard\u2019s Queen Anne\u2019s Revenge. Over the semester, you will 103 | 2013-14 Academic Catalog participate in several activities dealing with the analysis of material culture and you will gain practice in critically analyzing public presentations of archaeological research. Offered spring 240: Anthropology of Death 3 credit hours credit Do you cry, sing, or laugh in the face of death? Do you burn, bury, or bottle the dead? Who among the dead is remembered, forgotten, and why? Is death the end of life, part of living, or the way to eternal life? The Anthropology of Death will provide you with a broad introductory survey of some of the diversity of behavior and beliefs concerning this most common and most significant of human experiences, death. The course will focus on the different understandings and meanings of death in different cultures in the past and the present, drawing mostly on examples from cultural anthropology and archaeology. Examples will be drawn from all over the world though a special emphasis will be placed on death in the U.S. The course will also address how death has been researched and theorized by cultural anthropologists and archaeologists, and practitioners in related fields. Finally, the course will address some key political issues surrounding death, burials, and memorials, including organ donation, NAGPRA, and the memorialization of 9/11. Offered fall of odd-numbered years 305: Hispanic Voices in the United States 3 credit hours Prerequisite 214 or permission of the professor credit This course provides an introduction to the history and cultures of Hispanic/Latino communities in the United States from the first Spanish explorations and settlements to the present. The course will provide an overview of the diversity of Hispanic/Latino groups and experiences, and will explore how Hispanics/Latinos have become such a significant part of the U.S. society and culture. The course will focus particularly on the continuities and connections of culture that are maintained by and shape Hispanics/Latinos in the U.S. The course will also address a variety of issues relevant to Hispanics/Latinos, including immigration, bilingualism, and political representation. Students will learn about Hispanics/Latinos through readings across the disciplines, including anthropology, history, literature, film and art. Offered spring of odd-numbered years 315: Globalization, People and Culture 3 credit hours Prerequisite 214 or permission of the instructor Globalization is one of the key concepts of our age\u2014a term often used but little understood. Globalization is generally characterized by the increasing interconnectedness of economic, political, and cultural phenomena. While many of these connections are new, their roots lie deeper in history. These connections have come to shape the lives of virtually all of the world\u2019s peoples, often in intimate ways. Understanding globalization is central to understanding life today, including such diverse phenomena as Bollywood in North Carolina, McDonald\u2019s in Hong Kong, iPad production in China, and coffee growing in Guatemala. In order to be intelligent and compassionate actors in our contemporary world, it is important to explore the realities of globalization and consider its promise and peril. This course will do so primarily through the lens of anthropology, but will also draw upon insights and examples from history and other disciplines as well. The course will consider what globalization is today, how it developed over history, and what its effects are. Students will look at why some people are excited about globalization while others resist it. They will consider how globalization affects our 104 | 2013-14 Academic Catalog politics, our economics, and our culture, addressing such diverse topics as terrorism, immigration, religious fundamentalism, and the environment, as well as McDonald\u2019s, Disney, smart phones, and hip- hop culture. Offered spring of even-numbered years 368: American Ethnic Relations 3 credit hours Prerequisite 214 or permission of the instructor Where did your ancestors come from? How did they shape America? What is America\u2013a melting pot, mosaic, or unequal mix? This course examines the complex dynamics of race and ethnicity in the United States in the present and the past. Through this course you will better understand the histories and social and cultural characteristics of different racial and ethnic groups, and the ongoing politics of racial and ethnic relations. We will explore some of the most interesting and controversial issues in American public discourse, including immigration policy, affirmative action, assimilation, and diversity in education. We will explore these subjects through readings across the disciplines as well as through critical reflection on our own experiences. Although an upper-level course tied to the social sciences and humanities, the content of this course is important for majors in all fields interested in gaining a better understanding of America\u2019s diversity. Offered fall 370: The Female of the Species Biocultural, Anthropological Perspective 3 credit hours Prerequisite 214 or 216 or 101 or permission of instructor William Peace University is dedicated to helping women develop to their fullest potential. But what does it mean to be a human female? To fully understand the human female\u2013in terms of their various roles and physical features across cultures\u2013an evolutionary, cross-cultural view is needed: How are we like, unlike other mammals and, most especially, our nonhuman primate relatives? What happened in the course of evolution to make us the way we are? Is the \u201cmother\u201d role instinctual? Does it\u2013 and our other roles\u2013vary across cultures today, and, if so, what factors (biological and cultural) might be responsible for this variation? This course gives students a chance to explore these questions through readings, videos, and discussions in which we examine data from nonhuman primates, the fossil record, archaeological remains of past human societies, and ethnographic research on recent and contemporary human societies. We also examine contemporary issues, such as social inequality, female infanticide, arranged marriages, genital mutilation, and \u201chonor\u201d murder, which affect millions of women in various parts of the world. No matter your major, this course will allow you to better understand yourself and your sisters\u2013no matter where they live\u2013as well as the problems women face in the world today. Offered spring of even-numbered years 380: India: Past and Present 3 credit hours Prerequisites 214 or permission of instructor India is a place of paradoxes: a land of great riches and grinding poverty; a land of indescribable beauty and unmentionable horrors; a land of Gandhi\u2019s nonviolence and nuclear weapons; a land where the past and the present regularly collide and live in harmony. India is the world\u2019s biggest democracy and is poised to be one of the great powers of the 21st century. To understand our contemporary world and where it is headed, it is essential that we understand India. In this course we will explore both the past and the present of India, focusing on its historical social and cultural diversity, and the issues its people confront today. We will pay particular attention to contemporary issues of nationalism, gender, communalism, and globalization, with a special focus on Indian popular culture and the Indian diaspora. Offered fall of even-numbered years. 105 | 2013-14 Academic Catalog 450: Archaeological Fieldwork 4 credit hours Prerequisite 218 or permission of instructor; 4 week summer program This course offers students the opportunity to learn more about the field of archaeology through participation in a summer field school. Through the field school students will develop and practice basic methods of archaeological field research. They will gain experience in conducting archaeological survey and excavation and also develop skills in such areas as mapping, stratigraphic interpretation, the analysis of cultural materials, and data processing. Through additional readings and a variety of guest speakers, students will also learn about the culture and history of the area being investigated, as well as various specializations and career paths within archaeology. As part of the field school, students will also be involved in helping to make our research more public by assisting volunteers and presenting our work to site visitors, in order to promote the preservation of archaeological sites and the sharing of archaeological knowledge. The course will be held for three to four weeks during the summer at a local archaeological site 295/395/495: Special Topics 3 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand, or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 110: Drawing 3 credit hours This course is designed for the beginning student of drawing. The problems and possibilities of visual communication using drawing media and techniques are explored. Students will experiment with various drawing materials and techniques while exploring various themes. Expressive qualities and the student\u2019s creative personal expression will be encouraged. Postmodern (mixed media) drawing projects are included in this course. Studio development is strengthened through readings, class discussions, demonstrations, project research, individual and group critiques, visits to art exhibitions, visiting artists and written assignments. Offered spring 160: Art Appreciation 3 credit hours credit 106 | 2013-14 Academic Catalog Art Appreciation explores the numerous and diverse visual experiences created by various cultures as a way for them to understand and communicate their ideas and beliefs and to give meaning to their world. You will learn that these visual (often multimedia) experiences serve different functions within each culture, reflecting the ideologies of the time period, society, and maker. You will also explore the variety of materials and techniques used by different cultures, as well as the evolution of new technologies. This course will call into question modern Western culture\u2019s tendency to evaluate all other cultures by using Western notions of art, including the ideas of originality, beauty, and creativity. Current issues such as arts funding, conservation and restoration, the Nazi art loot controversy, \u201cOutsider Art\u201d, art criticism, censorship, and post-modernism are also explored. Participation in the local arts community is part of this course. NOTE: This course is not a chronological study of art. Offered fall and spring 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 101: Principles of Biology 4 credit hours: Three hours lecture each week, two hours lab each week student must make a \u201cC\u201d or better in 101 in order to take any upper-level biology course Natural Science credit This course is an introduction to the basic principles of biology common to all living things. Topics covered include cell structure and function; the flow of energy through living systems; molecular and classical genetics; structure and function of animal organ systems; reproduction and animal development; evolution, diversity and ecology; and current environmental issues. The Honors Biology Laboratory affords the student an opportunity for supplemental advanced laboratory experimentation, conducted under faculty guidance. Offered fall and spring semesters 131: Environmental Biology 3 credit hours: Three hours lecture each week credit This non-lab biology course, with no prerequisite, is geared toward the general student, though biology majors may also take it. In this survey of human impact on the environment, students will study how the earth functions as an ecosystem, transferring energy and recycling nutrients study of populations, communities and biomes illustrates the biodiversity of life on earth. An understanding of human population dynamics lays the foundation for information about human impact on the environment, including pollution, ozone depletion, greenhouse gases and carcinogenic toxins such as synthetic organic chemicals. The limits to earth\u2019s ability to support human life and modern society are examined, including a discussion of global food production, renewable and nonrenewable resources, and ethical, political and economic considerations. Offered spring of even-numbered years 210: Botany 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 107 | 2013-14 Academic Catalog All life depends on plants, organisms that represent the essential first step in transferring the sun\u2019s energy to Earth\u2019s food webs. Botany studies the plant kingdom, including its descent from green algae ancestors. We will look at the relationship among various groups of plants (phylogeny), how they are named and categorized (taxonomy), the kinds of plants (diversity of non-vascular and vascular plants), their structure and function (photosynthesis, respiration, anatomy, histology, nutrition, physiology), and their interrelationships with other organisms (ecology, symbiosis, economic botany). The laboratory part of this course may include local field trips. Offered spring of odd-numbered years 320: Vertebrate Zoology 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 This course will emphasize the comparative approach to the study of vertebrate animals, contrasting living species to their extinct ancestors, and tracing the similarities among organisms to show their common lineage. Lecture topics will include the classification, natural history, comparative anatomy, physiology, ecology and behavior of animals within each vertebrate class. Laboratories will supplement lecture topics through microscope work, dissections, anatomical models and field collections. Offered fall of even-numbered years 321: Invertebrate Zoology 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 This course is designed to give an overview of the diversity of life forms representing all the major invertebrate phyla. The course will cover the anatomy, physiology, classification, ecology and behavior of invertebrate organisms with special emphasis on evolutionary common ground among the major groups. It will include the importance of both beneficial and detrimental invertebrates in ecology and modern living and the relationship between the invertebrates and many advances in molecular biology. In the laboratory, students will study microscope slides, anatomical models, preserved specimens and dissections of representative animals. Offered spring of even-numbered years 330: Ecology 4 credit hours; Three hours lecture and three hours laboratory each week Prerequisite: \u201cC\u201d or better in 101 and permission of the instructor study of the relationships among living organisms and their environment. The application of ecological principles to local environments is emphasized, and contemporary environmental issues are discussed. Laboratory includes field trips, data collection, analysis of ecological data and computer modeling of ecosystems. Offered fall 350: Microbiology 4 credit hours; Three hours lecture each week, three lab hours each week Prerequisite: \u201cC\u201d or better in 101 and 111 Pre-/co-requisite 112 or permission of the professor Microbiology is the study of microbes, such as bacteria, viruses, and fungi. An understanding of cell structure, metabolism and genetics is sought before examining the pivotal roles of microbes in health and disease, biotechnology and industry, and the environment. Laboratory experiments involve growing, testing, and identifying bacteria, viruses, and fungi. Offered spring 380: Anatomy and Physiology 108 | 2013-14 Academic Catalog 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 This course covers the essentials of human histology, structure, and function. The human body is studied from the cellular perspective to the gross anatomical perspective, system by system. The lecture primarily deals with anatomy as well as basic physiology in order to understand the mechanisms involved. The laboratory is exclusively anatomy with (1) a broad histology overview and more detailed histological work as we progress through each organ system, (2) comprehensive study of the articulated and disarticulated skeleton including x-ray analysis, and (3) detailed dissection of the cat and specific mammalian organs in addition to a review of anatomical models for each organ system. Offered fall 381: Human Physiology 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101; \u201cC\u201d or better in 380 This class builds on the basic concepts from 380 and offers advanced concepts of human physiology. It is designed for biology majors and pre-professional students interested in allied health careers. It covers detailed physiological mechanisms on the molecular, cellular and organismal levels. Emphasis is placed on the integrated relationship of cells and organs while incorporating diseases and clinical topics. The laboratory is exclusively geared toward physiology with computer-based and hands- on clinical experiments, which examine body function through measurements of muscle contraction, blood chemistry, heart and renal function, lung capacity, and various other parameters. Offered spring 382: Histology 3 credit hours; Three hours of lab each week Prerequisite: \u201cC\u201d or better in 101; \u201cC\u201d or better in 380 This medical-based lab-only course concentrates on the characteristics, composition, and functions of adult and embryological human tissues and organs. In addition, students will differentiate between healthy and pathological samples. The sources of study will be prepared slides and computer imagery. Offered fall of odd-numbered years 430: Ethology: Animal Behavior 3 credit hours; Three hours lecture each week Prerequisites: \u201cC\u201d or better in 101 and 1 other advanced Biology course Ethology strives to use evolutionary principles as a foundation for exposing students to a number of behavioral approaches. The course will emphasize the history, genetic mechanisms, and evolution of animal behavior. Topics include methodology and techniques used by behavioral scientists in research; behavioral ecology as it relates to social and environmental processes; the evolution of behavior patterns and social processes; and the neurophysiology and endocrinology controlling behavioral patterns. Offered spring of odd-numbered years 440: Evolutionary Biology 3 credit hours; Three hours lecture each week Prerequisites: senior standing in the Biology Major or Minor;\u201cC\u201d or better in 101 and at least 3 other biology courses Evolutionary Biology is the study of organic evolution by means of natural selection. Topics covered include origin of the cosmos and prebiotic evolution, types of selection, population genetics, isolating mechanisms and speciation, evolution of sex, modes of reproduction, rates of evolution, and extinction. 109 | 2013-14 Academic Catalog Students investigate evolutionary trends within the major groups of organisms, including humans. Offered fall 450: Cell Biology 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 112 Recommended 350 Cell Biology focuses on the structure and function of cells. It examines the molecular processes that are fundamental to life, including molecular genetics, metabolism, cell signaling, cell division, and differentiation. Laboratory experiments illustrate the techniques that are currently used to study cells and include staining, cell fractionation, immunological detection methods, and DNA/protein gel electrophoresis. Offered fall of odd-numbered years 460: Genetics 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite; \u201cC\u201d or better in 101 112 Recommended 350 Genetics is the study of genes and how the information that they encode specifies phenotype review of classical Mendelian genetics and cytogenetics lays the foundation for exploring chromosome structure, molecular biology, recombinant techniques, and population genetics. In laboratory, students arrange crosses between fruit flies, examine gene expression in bacteria, and manipulate molecules. Offered fall of even-numbered years 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491: Internship and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a for the internship experience for that semester. 110 | 2013-14 Academic Catalog 499: Independent Research in Biology 3 credit hours Prerequisite: junior or senior standing and permission of the sponsoring faculty member The student, with the assistance of a faculty sponsor, will plan and conduct a small research project following standard scientific methods. Interested students should approach a desired sponsor among the biology faculty with a proposal for a research project. Enrollment will be limited, and students will be selected on the basis of GPA, (minimum of 3.0 in and out of major), interest in the topic, and potential for successful completion of the project. Requires at least 120 hours of work during the semester. The culmination will be an oral and written report on the project. May be used to satisfy the required pre-professional experience 120: Personal Finance 1 credit hour Professional Readiness (PR) credit This course presents a framework of money management concepts including establishing values and goals, determining sources of income, managing income, preparing a budget, developing consumer buying ability, using credit, understanding savings and insurance, providing for adequate retirement and estate planning. Offered fall and spring 140: Introduction to Leadership 3 credit hours This course is designed to provide an introduction into the many issues, concepts, and theories involved in the study of leadership. The course will explore traditional and contemporary leadership theories and models, with a major emphasis on understanding one\u2019s self as a leader. Offered fall and spring 160: Global Business Environment 3 credit hours This course exposes students to the many ways that countries differ and examines the impact of those differences on business activities. The history and theories of international trade and investment are discussed as well as the evolution and role of the global monetary system. In addition, the course will explore the current international business environment including culture, infrastructure, and economic development and examine the strategies and structures of businesses operating in that environment. Offered fall 180: Introduction to Media Literacy 1 credit hour Professional Readiness (PR) credit Literacy with online tools and communications is increasingly important for success in the academic and working worlds. In this course students learn the basics of how to conduct research online, critically evaluate the resources they find, and communicate on a personal and professional level using social media and other tools. Students also learn about privacy, copyright, and other legal and ethical issues related to the online world. The concepts and skills covered in this class will help students succeed in future classes and as business professionals. Offered fall and spring. 111 | 2013-14 Academic Catalog 211: Principles of Microeconomics 3 credit hours credit This course provides an overview of market processes under conditions of pure competition, monopoly, and imperfect competition. Topics covered include demand and marginal utility analysis; supply and costs of production; elasticity; and consequences of government regulation of markets. In addition, students will be exposed to the application of microeconomic theory to current social problems. Offered fall and spring 212: Principles of Macroeconomics 3 credit hours Pre-requisite 211 This course provides a brief survey of aggregate demand, aggregate supply, and the role of consumption, investment, government spending, and net exports in establishing full employment equilibrium. The concepts of fiscal and monetary policy, business cycles, and economic growth are also introduced. Offered spring 221: Principles of Accounting 3 credit hours The ability to understand financial information is critical to anyone who wants to invest in stock, apply for a loan, or evaluate the profitability of a business. In this course, students will learn how to record business transactions, prepare financial statements and analyze financial data. Students will be prepared to do basic bookkeeping for a service-oriented or retail business. Offered fall and spring 222: Principles of Accounting 3 credit hours Prerequisite or better in 221 The majority of business sales are generated by corporations. In this continuation of 221, students will be able to record basic corporate transactions. Emphasis is given to developing critical thinking about complex financial data and ratio analysis. Students will also be introduced to basic managerial accounting terminology and cost-volume-profit analysis. Offered fall and spring 230: Marketing 3 credit hours Prerequisite 160 Company survival and growth in the coming years will require a move toward global marketing with its many potential rewards and risks. This course demonstrates the role of marketing in the organization, explores the relationship of marketing to other functions, and helps students learn to make marketing decisions in a global business environment. The course shows how effective marketing builds on a thorough understanding of buyer behavior to create value for customers and how that behavior varies in different country markets. Students learn how to control the elements of the marketing mix- including product policy, channels of distribution, communication, and pricing to satisfy customer needs profitably. Offered fall and spring. 112 | 2013-14 Academic Catalog 240: Management/Organizational Behavior 3 credit hours This course concerns the management of organizations in a competitive global environment and evaluates the forces external to the firm that structure decisions. This course examines the different elements that shape managerial discretion and the tools that organizations use to survive their environments. This course will explore the impact of cultural differences on the success and failure of a firm and will address management styles across cultures. Offered fall and spring 250: Human Resources Management 3 credit hours Prerequisite 240 Human Resources Management (HRM) is a functional area of every business with the goal of attracting and retaining the best and brightest employees from all over the globe. Topics covered include intercultural sensitivity, global managers as change agents, global workforce diversity, expatriate issues, the role of the global manager, and the influence of culture on employee motivation and management styles. Offered fall and spring 270: Business Law 3 credit hours Prerequisite 160 This course addresses the legal and ethical issues confronting the global business manager. This course also addresses the legal system, legal processes, and several areas of substantive commercial law relevant to management decisions. In addition, it discusses the developing recognition of legal and ethical issues, and their managerial implications. The concepts studied in this course include product liability, the administrative legal process of regulation, antitrust, and the contract as the fundamental legal instrument of global commercial relations. Offered spring 325: Corporation Finance 3 credit hours Prerequisites 222 and either 202 or 241 This course introduces basic financial management topics including financial statement analysis, working capital, capital budgeting, and long-term financing. The approach will include issues faced by multinational corporations such as foreign currency translation, international tax rates, and evaluation of international projects. Students will use problems and cases to enhance skills in financial planning and decision making. Offered fall and spring 331: Advertising 3 credit hours Prerequisite 230 This course examines the creation of an advertising strategy, and explores the planning and execution of advertising and related promotional functions. Among the topics discussed are setting advertising objectives and budget, media strategy, creative strategy, and measuring advertising effectiveness. It also evaluates controversies surrounding advertisement effectiveness measurement, and reviews legal issues, including privacy, deception, and advertisement substantiation. The course emphasizes the management of advertising campaigns, expenditures, and the integration of advertising efforts as part of the total marketing program. Offered spring of even-numbered years. 113 | 2013-14 Academic Catalog 332: Consumer Behavior 3 credit hours Prerequisite 230 This course provides an overview of current knowledge about consumer behavior. Basic behavioral science and specific techniques used in marketing practice are covered. Course topics include focus group interviews and qualitative research, survey analysis, sensory and perceptual analysis, attitude analysis, value analysis, and psychographics. The approach is not mathematical, but is technical. The course is directed at students preparing for positions in brand management, advertising, and marketing research. Offered fall of even-numbered years 336: Marketing Research 3 credit hours Prerequisites 230 and 201 This course considers the gathering of marketing related data from individuals and organizations, with particular emphasis on integrating problem formulation, research design, and sampling so as to yield the most valuable information. Statistical approaches to improve marketing decision making in such areas as strategic marketing, advertising, pricing, sales force management, sales promotions, new products, and direct marketing are examined. The development, implementation, and use of quantitative models are emphasized. Offered spring of odd-numbered years 340: Group Process and Dynamics 3 credit hours Prerequisite 140 As a process of working with others to accomplish shared goals, leadership must be studied in the context of groups and teams. The purpose of this course is to provide students with the knowledge and skills necessary to lead and work effectively in groups and teams. This course will explore theory, practice, and research in group process, including group dynamics, group roles, teamwork, diversity, decision-making, conflict resolution, motivation, and visioning, and goal setting. Offered fall of odd- numbered years 343: Leadership & Change in Organizations 3 credit hours Prerequisite 140 This course examines the opportunities and issues when leading an organizational change effort. Emphasis is on organizational vision, motivation, organizational culture, alignment of organizational systems, and theories of change. Students will learn to form vision statements, implement strategies for organizational change, anticipate obstacles, and maintain motivation. Students will also analyze the successes, the failures, and the multiple dilemmas of modern organizations in the private, nonprofit, and public sectors in order to better understand the causes, implications, and potential leader actions and strategies associated with organizational change. Offered fall of even-numbered years 345: Global Business Opportunities and Challenges 3 credit hours Prerequisites 160 230 240, and 250 This seminar class exposes students to a variety of issues related to identifying and taking advantage of global business opportunities. Specific topics to be covered are exporting, accounting and taxation, logistics, off-shoring, staffing, and cross-cultural negotiation. Offered fall of odd-numbered years. 114 | 2013-14 Academic Catalog 354: Performance Management 3 credit hours Prerequisite 250 Every employee has his/her performance evaluated and every supervisor evaluates someone\u2019s performance. This course is designed to provide you with an in-depth study of performance management (PM) in an organization. You will understand why effective performance management is critical, develop the skills to give feedback to employees, and learn how to develop a performance appraisal system required team project allows students to enter a local organization and evaluate their performance management system against the criteria taught in class. You should leave the course possessing a set of \u201ctools\u201d which can be used in effective performance management. Offered spring of even-numbered years 356: Employee Selection and Development 3 credit hours Prerequisite 250 Managers in all departments are responsible for selecting and training new employees. These decisions are increasingly being made across national borders where learning styles and expectations can differ greatly. In this course, you will get hands-on experience exploring on-line resources, planning a job analysis, and making a hiring decision. You will also learn how to develop training programs relevant to adults\u2019 immediate needs and learning styles. Offered spring of odd-numbered years 370: Sport Law Credit: 3 hours; Prerequisite 270 This course will explore and foster understanding of the United States legal system as it applies to sports. Constitutional law, Title IX, tort law, contract law, risk management, statutory law, personal and product liability, drug testing, and professional sport labor relations are examined in the context of amateur and professional sports 380: Sport Management Credit: 3 hours Prerequisite 240 This course introduces the student to the sport management profession. Primary focus is on the sport industry, including professional sport entertainment, amateur sport entertainment, for-profit sport participation, nonprofit sport participation, sporting goods, sports tourism, and sport services. Students will study terminology, philosophies, history, management principles, and the evolution of sport management. Internal and external recreation motivations for participation and relevant contemporary issues will be addressed 426: Sales and Marketing Management 3 credit hours Prerequisite 230 This course focuses on improving the efficiency and effectiveness of a company\u2019s marketing activities. Topics will cover product management, pricing, distribution and inventory, market segmentation, and positioning. The course will demonstrate quantitative techniques for determining sales territories and compensation; advertising and other promotional budgets; product line and business unit profit margins; and other metrics for determining the net contribution of the marketing program. 115 | 2013-14 Academic Catalog 441: Decision Science 3 credit hours Prerequisites 225 and 240 Vast amounts of data are collected in today\u2019s business environment. The most successful managers are those that can put this information to work effectively to guide their decision process. This course prepares student to describe, gather, and analyze business data and to use statistical and management science tools to make effective business decisions in operations, finance, marketing, management, and staffing. Offered in fall 499: Strategic Management 3 credit hours Prerequisites: Senior standing and completion of 225 230 240, and 250 company attains a competitive position when the configuration of its product mix and service activities generates superior value for customers. The challenge of formulating effective competitive strategy is to balance the opportunities and risks associated with dynamic and uncertain global environment. This course will explore changes in industry attractiveness and competitive position and students will develop skills for formulating a global strategy. This is the capstone course for all students seeking a degree in Business Administration. Offered in spring 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491: Internship and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester. 116 | 2013-14 Academic Catalog 111: General Chemistry 4 credit hours: Three hours lecture each week, three hours lab each week Prerequisite: two years of high school algebra Recommended: high school chemistry Natural Science credit This is the first semester of a two-course sequence that will introduce the fundamental principles of chemistry, matter, and the changes that matter undergoes in addition to topics relevant to biology majors and environmental issues. Students will use demonstrations and laboratory experiments to obtain a clear understanding of the material presented. Offered fall 112: General Chemistry 4 credit hours: Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 111 This is the second semester of a two-course sequence that will introduce the fundamental principles of chemistry, matter and the changes that matter undergoes in addition to topics relevant to biology majors and environmental issues. Students will use demonstrations and laboratory experiments to obtain a clear understanding of the material presented. Offered spring 211: Organic Chemistry 4 credit hours: Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 112 This is the first semester of a two-course sequence that will introduce the fundamental principles in organic chemistry, the systematic study of carbon compounds. This course provides a foundation for further studies of biology, chemistry, and biochemistry. Students will learn about the classification of organic compounds, their reactions and uses in everyday life. Offered fall 212: Organic Chemistry 4 credit hours: Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 211 This is the second semester of a two-course sequence that will introduce the fundamental principles in organic chemistry, the systematic study of carbon compounds. This course provides a foundation for further studies of biology, chemistry, and biochemistry. Students will learn about the classification of organic compounds, their reactions and uses in everyday life. Offered spring 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 350: Biochemistry 4 credit hours: Three hour lecture and one hour problem session each week Prerequisite: \u201cC\u201d or better in 212 Biochemistry is the study of the molecules and chemical reactions of life. Students will use the principles and language of chemistry to explain biology at the molecular level. The major types of biomolecules will be studied, as well as their use in metabolism and bioenergetics. 117 | 2013-14 Academic Catalog 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 101: Public Speaking 3 credit hours Professional Readiness (PR) credit The ability to compose and deliver an effective speech to an audience will enable you to succeed personally and professionally. In this course, you will learn how to overcome the nervousness or \u201cstage- fright\u201d that everyone experiences when asked to speak in public. You\u2019ll also develop your analytical thinking by learning how to analyze an audience and write a speech for that audience using effective informational and persuasive strategies. Finally, you will practice effective verbal and non-verbal techniques that will help you comfortably deliver the message in any situation. Offered fall and spring 105, 106, 205, 206, 305, 306, 405, 406: The Peace Times 1 credit hour Corequisite or prerequisite 230 or permission of instructor Put your growing communication skills into practice, have your work published, add to your portfolio, and have an impact on the University community \u2013 that\u2019s what this course is all about. Students organize themselves into a working staff that publishes regular issues of the student newspaper, The Peace Times. There\u2019s a lot to do, and staff members do it. Offered fall and spring 108: Full Frame Documentary Film Festival 1 credit hour Students go to four days of film showings at the annual Full Frame Documentary Film Festival. Offered spring 200: Media and Culture 3 credit hours credit This is the big picture, a broad overview of the many media that make up \u201cthe media.\u201d The subject matter is as familiar as our car radio and as fresh as last night\u2019s Web surfing. Examining the Internet, magazines, Hollywood moviemaking and lots of other industries, the course is aimed at consumers and potential practitioners of the media. Various perspectives, including historical, cultural, legal, and economic, are explored. Offered fall and spring 211: Interactive and Social Media 3 credit hours 118 | 2013-14 Academic Catalog Do you regularly check Facebook? Have you ever learned something new from a tweet? Do you go online to get your news? More and more people are answering \u201cyes\u201d to these questions, as online, interactive and social media are becoming a dominant force in the mass media landscape. In this course, students will learn how to write and report for the Web and social media, as well as how to use sites like Twitter and Facebook for marketing. You will become a local expert in a subject and an owner and regular contributor to a blog and social media accounts. Offered every fall and spring of even- numbered years 220: Design and Typography 3 credit hours This course introduces you to the basic elements of design and the fundamental principles of visual composition. We\u2019ll cover electronic typesetting and page layout using software specific to the graphic design industry in a Mac-based environment. You will learn a wide range of techniques and materials for design making and develop fundamental skills in design processes. Offered fall and spring 230: Media Writing 3 credit hours credit Good writing is fundamental to any communication enterprise, as it is for almost any undertaking in our information society. In this course, you will learn to recognize and apply different kinds of media writing, from print journalism to broadcast journalism to public relations. Also emphasized are key concepts such as accuracy, objectivity, and attribution. Offered fall and spring 240: Introduction to Public Relations 3 credit hours credit Public Relations is a broad subfield in communication and touches every industry. This introductory course gives you an overview of the field of PR, including history, theory, and principles. We\u2019ll also explore how fits in as an important function in all organizations. Offered fall 270: Digital Media Convergence 3 credit hours Technology has transformed traditional mass media. In this course, we help prepare you for working in a converged media environment. You\u2019ll create multi-media content for the Communication Department\u2019s converged media web site and for your own web-based digital portfolio. Offered fall and spring 300: Communication Research 3 credit hours Prerequisite/Corequisite 201 Much of our research in the communication field centers on understanding the audience. Who are they and how do we reach them? During this course, you\u2019ll learn the basics of conducting applied communication research, including why we do it and how research helps us. As part of a team, you\u2019ll collect data and learn how to analyze and present your findings. Offered fall 317: Design and Typography 3 credit hours 119 | 2013-14 Academic Catalog Prerequisite 220 Typography communicates a message. In this course, you\u2019ll learn about the issues of contemporary and traditional typographic principles and practices. This includes: issues of hierarchy, typographic formats, specifications/organization of space, working with type and type/image relationships in constructing messages, and the use of technology in typographic design. Special emphasis will be placed on developing your analytical, technical, visual, and creative thinking skills. Offered spring of even- numbered years 329: Imaging 3 credit hours Prerequisite 220 In this course, you\u2019ll explore a wide range of techniques and stylistic approaches to illustration and image making for graphic design. Emphasis will be placed on conceptual thinking and distinctive personal solutions through a series of projects that use collage, digital photography, and computer illustration. Offered spring 340: Public Relations Techniques 3 credit hours Prerequisite 240 In this course, you\u2019ll work with a range of tools public relations practitioners use in their day-to-day activities to create materials for print, broadcast and social media. You\u2019ll gain project management tools to help you plan special events, prepare your organization for crisis, and track ongoing issues or trends. Offered spring 390: Multimedia Editing 3 credit hours Prerequisite 270 In this class, we will learn how to assemble all of the video, stills, graphics, special effects, transitions, natural sounds, and music into a media production extraordinaire. We use the industry-leading software Final Cut to create effective storytelling and output the finished product onto and the internet. Offered fall 410: International Communication 3 credit hours The rapid spread of communication technologies has paved the way for globalization, a modern-day phenomenon that sparks geopolitical wrangling and radical activism. Does international communication foster freedom and cross-cultural understanding or does it promote a new kind of imperialism through which developed nations exploit the Third World? These and other timely issues, such as mass media\u2019s role in spurring national development, are addressed in this research course 417: Advanced Graphic Design Studio 3 credit hours Prerequisite 317 The goal of this course is to help you develop your graphic design skills. We apply communication principles to solve problems through basic principles of typography, color theory, and visual composition. Some projects will be taken from concept to actual production as we work with clients 120 | 2013-14 Academic Catalog from the campus and local communities to diagnose and solve real-world communications problems. Offered spring of odd-numbered years 420: Motion for the Screen 3 credit hours Prerequisites 317, and 390 Although designers still communicate messages by integrating form, image, color, and type, the basic media of visual communication are changing. Designing for these new media requires new design strategies, as well as new technologies. In this course, you\u2019ll begin to incorporate motion, interactivity, and digital video along with traditional typography and image making. Offered spring 465: Strategic Communication Campaigns 3 credit hours Prerequisite 240 This course will give you the opportunity to do professional client work with organizations in the community. This capstone course combines a collaborative learning model with service learning, allowing you to work with a small team to address a communication-related problem or opportunity. You\u2019ll see your efforts and ideas make a difference. Offered spring 475: Creating the Documentary 3 credit hours Prerequisite 390 The course is designed to give upper-level Communication students an opportunity to produce a quality, non-fiction documentary. The course expands on the production skills covered in Digital Media Convergence and Multimedia Editing, providing more in-depth analysis and experience with the storytelling process. You\u2019ll create a documentary on a subject relating to social and/or cultural issues of the community. Offered spring of odd-numbered years 480: Communication Agency 3 credit hours Prerequisite: Senior standing or permission of instructor Through this course, you\u2019ll have the opportunity to apply everything you\u2019ve learned so far in your communication coursework to work as professionals on a real-world client project in an agency-like environment. This course serves as the senior seminar for the major 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must 121 | 2013-14 Academic Catalog be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester 201: Introduction to Criminal Justice Do you want to understand the causes of and responses to criminal behavior in American society? This course helps you understand the problem of crime and the societal response to criminals. You will explore the institutions intended to discover the crime, the criminal, and those designed to deal with the criminal, the victim, and society, once the criminal has been labeled. Finally, you will discuss the bureaucracy of crime and its measurement as a social phenomenon. You\u2019ll find the descriptions of other courses in the Criminal Justice program under Anthropology, Philosophy, Political Science, and Psychology 200: Early Experiences for Prospective Teachers 1 credit hour This course is designed to provide an introduction to a career as an educator. Students will engage in reflective activities that will focus on the conceptual framework of the teacher education program and current trends in the field of education. Students meet for classes arranged around specific topics pertinent to the field of education. Offered fall and spring 250: Exceptionalities in Education 3 credit hours: For education majors only This course is a general introduction to the characteristics of exceptional learners and their education. It focuses on terminology, etiology, characteristics, interventions and programs for students with special needs. The course focuses on fundamental background knowledge of the field of special education as well as current information on how students with disabilities are served within the inclusive schools. Offered fall 302: Literacy Methods 3 credit hours: For education majors only This course gives an overview of research based literacy instruction. Students learn the various parts of a balanced literacy program. Attention will be given to early literacy development, appropriate teaching techniques and differentiation. Offered fall. 122 | 2013-14 Academic Catalog 303: Social Studies Methods 3 credit hours: For education majors only This course addresses the major social studies concepts for the elementary learner. Students evaluate a variety of instructional materials for teaching social studies. Students learn how to implement effective instruction in social studies. Offered spring 304: Mathematics Methods 3 credit hours: For education majors only This is an exploration of the processes of learning mathematics concepts through the eyes of a young learner. Students study, practice, and demonstrate the elements of a comprehensive elementary school mathematics program and become familiar with management strategies for its implementation. An emphasis is placed on constructivist based assessment-informed instruction. Offered fall 305: Science Methods 3 credit hours: For education majors only This course examines the processes of learning to investigate science, as well as specific science content for the elementary teacher. Students study, practice, and demonstrate scientific inquiry and become familiar with management strategies for its implementation and assessment. Offered spring 325: Effective Programs and Learning Strategies 3 credit hours: For education majors only The course covers the following areas in working with students with disabilities: 1) an overview of the process and procedures for providing special education services, 2) current advances in instructional and assistive technology, and 3) preparation of IEP\u2019s. Offered spring 330: Practicum for Special Education 1 credit hour: For education majors only During this field experience, students spend a minimum of 45 hours in a middle or high school under the direction of an experienced special education partner teacher. In addition to a weekly schedule, teacher candidates will attend several school meetings and events before and after school hours. Offered spring 331: Practicum for Elementary Education 1 credit hour: For education majors only Students spend a minimum of 45 hours in an elementary school under the direction of an experienced partner teacher. In addition to a weekly schedule, students will attend several school meetings and events before and after school hours. Offered fall 351: Classroom Organization and Management 3 credit hours: For education majors only Students will gain an understanding of classroom management strategies. This includes a theoretical foundation, application activities, various forms of behavioral assessment and data collection techniques, and strategies in positive behavioral support, cognitive behavior management, self- management strategies, conflict/stress management, and anger management. Offered fall 402: Testing and Measurements 123 | 2013-14 Academic Catalog 3 credit hours: For education majors only This course provides an overview of a variety of assessment techniques in order to determine instructional content, procedures, and documentation of student learning and progress in grades K-12. The course is designed to prepare students to select and interpret formal and informal assessment instruments and techniques. Offered fall 452: 21st Century Teacher Leadership 3 credit hours: For education majors only In 452, candidates create an integrated unit of study emphasizing the development of lessons that meet the needs of diverse learners and formative assessment data to drive future instruction. Teacher candidates integrate mathematics and literacy with science, social studies, arts and technology to design a balanced unit of study. Offered fall 460: Literacy Methods 3 credit hours: For education majors only Prerequisite 302 This course will provide an in-depth study to balanced literacy in the K-6 classroom. Diagnostic tools for the assessment of literacy will be introduced and used to write lesson plans to meet the needs of diverse learners. Concentration will be given to the integration of technology in literacy classrooms and 21st century learning. Offered spring 490: Internship 3 credit hours Prerequisite: senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world applied settings related to education. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) credit hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her Internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester 496: Student Teaching & Seminar 15 credit hours: For education majors only Prerequisite: For Dual Licensure all education courses required; for Elementary Licensure all elementary education courses required Teacher candidate will student teach for 15 weeks in a public school setting. This course is required to earn a license to teach in the public school classroom. Both a clinical teacher and a university supervisor will plan the observation and teaching schedule for the teacher candidate, leading to an assumption of total responsibility for instruction and for other tasks normally performed by the clinical teacher. Teacher candidates are required to work in the assigned classrooms for the entire day during the 15 week student teaching experience. They adhere to the public school\u2019s schedule, not William Peace University\u2019s calendar, and are not excused during University breaks. Seminars convene weekly on campus in the late afternoon. The purpose of these seminars is for reflection on practice and address topics relevant to the role of educators. Offered spring 124 | 2013-14 Academic Catalog 100: Fundamentals of Writing 3 credit hours course designed to prepare the student for college-level composition through intensive practice in writing, editing, and revising sentences and paragraphs. Students are placed in this course based on the results of the English Placement Exam scores, and/or previous grades in English. Satisfactory completion of the course is required before entry into English 112. Offered fall 108: Full Frame Documentary Film Festival 1 credit hour Students go to four days of film showings at the annual Full Frame Documentary Film Festival. Offered spring 112: Composition 3 credit hours credit one-semester course in writing that emphasizes organization and effective expression of ideas, expository and argumentative modes of essay writing, conventions of standard written English, analytical and interpretive reading skills, and use of evidence from written literature of various kinds specific research project is assigned. Offered fall and spring 147: Literary Magazine Publication 1 credit hour/year: Students may repeat this course for additional credit course in which student editor(s) and students design and produce the Prism. Responsibilities include organization of staff, establishment of procedures and standards, solicitation of student contributions of prose, poetry, and artwork, and work with layout and desktop publishing 211: British Literature Before 1700 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement Writing about Literature credit An introduction to major works of British literature from its beginnings through the eighteenth century, including such figures as Chaucer, Spenser, Shakespeare, Milton, Pope, and Swift. Offered fall of odd- numbered years 212: British Literature After 1700 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement An examination of British literature from 1700 until the present, focusing on theme and ideology within literary, historical, and cultural contexts. The course treats various genres, with emphasis on poetry and fiction. Offered spring 214: Studies In Fiction 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement An introduction to novels and short fiction by representative English, American, and continental authors, illustrating the evolution of fiction as a genre. The formal elements of fiction are examined in historical contexts. Offered fall. 125 | 2013-14 Academic Catalog 216: American Literature After 1700 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement An introduction to the works and authors of American literature from 1700 to the present. The course examines works within their historical, cultural, and literary contexts. Offered fall and spring 219: Latin American Literature 3 credit hours Prerequisite 112; This is a course and it fulfills the 200-level writing requirement This course introduces students to the main periods and movements of Latin American literature from the conquest and colonial periods to \u201cthe Boom\u201d and \u201cpost-Boom\u201d movements of the twentieth century and beyond. All selections will be taught in translation, including authors such as: Col\u00f3n, de las Casas, Sor Juana, Bol\u00edvar, Dar\u00edo, Mart\u00ed, Mistral, Vallejo, Neruda, Rulfo, Garc\u00eda M\u00e1rquez, Fuentes 220: World Literature Before 1700 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement This course provides an introduction to world literature from its ancient beginnings through 1700 C.E. An emphasis will be placed on genre or literary style, as well as the beliefs and practices of the cultures that produced these important literary works. Several overarching themes, such as the journey, cross- cultural encounters, and the definition of love, are explored in an attempt to discover more about ourselves and the human condition. Offered fall 221: World Literature After 1700 3 credit hours Prerequisite 112; This is a course and it fulfills the 200-level writing requirement This course provides an introduction to literature from 1700 forward. An emphasis will be placed on genre or literary style, as well as the beliefs and practices of the cultures that produced these important literary works. Several overarching themes, such as colonialism, women\u2019s rights, and the meeting of East and West, are explored in an attempt to discover more about ourselves and the human condition. Offered spring 225: Writing about Literature: Honors 3 credit hours Prerequisite 112; This course is designed for Honors students and it fulfills the 200-level writing requirement The primary focus in the 200-level writing requirement is the careful and creative use of texts in student writing. For the Honors section fulfilling this requirement, the content may vary from term to term according to the needs of the academic department and interests of the faculty member 285: Introduction to Creative Writing 3 credit hours Prerequisite 112 writing workshop emphasizing poetry and short fiction. Parallel reading includes contemporary works and current periodicals. Student writing will be analyzed in class and in individual conferences portfolio of creative work is required. Offered fall of even-numbered years. 126 | 2013-14 Academic Catalog 312: Advanced Topics in Writing 3 credit hours Prerequisite: 200-level writing course; This course fulfills the 300-level writing requirement An upper-level writing course designed to focus on style and complexity of development. The theme or topic of the course may vary, but the emphasis will be on the development of mature writing styles. The course will offer practice in writing non-fiction: profiles, essays, opinion pieces, investigative reports, interviews, and/or personal narratives. Students will use rhetorical strategies, principles, and standards of proof appropriate to subject matter, audience, and language. Offered fall and spring 313: Writing About Story Telling in Simulation 3 credit hours Prerequisite: 200-level writing course; This course fulfills the 300-level writing requirement This course satisfies the third-year writing requirement by asking students to analyze how our contemporary technology-driven society understands the concept of story. To what degree have traditional terms such as \u201cplot\u201d and \u201ccharacter\u201d changed in a culture that experiences them primarily through television, movies, and video games? How have new forms of pop culture narratives affected what we expect from beginnings and endings in the stories that we tell about ourselves? Students will write analysis papers, conduct research, and propose arguments that evaluate changes in a range of storytelling techniques from traditional fictions to the newer interactive standards inspired by video games, cloud computing, and social networks 314: Professional Writing 3 credit hours Prerequisite: 200-level writing course; This course fulfills the 300-level writing requirement Study of written communication in professional organizations, emphasizing specialized documents, technical editing, and publication management. Intensive practice in preparing documents \u2013 such as letters, proposals, reports, and memos \u2013 according to appropriate principles of writing and design. Offered every fall and spring of odd-numbered years 316: Advanced Grammar 3 credit hours Prerequisite: 200-level writing course; This course fulfills the 300-level writing requirement An in-depth study of grammar. The course begins with the basics of sentence structure and progresses to the advanced level. Emphasis is given to improving style as a way of improving clarity and meaning. Offered spring of even-numbered years 322: Shakespeare 3 credit hours Prerequisite: a 200-level literature course study of nine Shakespeare plays, including at least one from each of the main genres\u2013history, comedy, tragedy, and romance. Offered fall of odd-numbered years 325: Women on Stage 3 credit hours Prerequisite: a 200-level literature course 127 | 2013-14 Academic Catalog The lines between queens and \u201cqueans\u201d (Renaissance slang for prostitutes), actresses and courtesans, singers and scandal makers has always disturbed the (mostly male) writers and lawmakers attempting to regulate the spectacle of a woman displaying herself in public during the seventeenth and eighteenth centuries. Examining plays and other texts from the time when boys took female roles through the introduction of the actress to the public theatres, this course will interrogate the social, political, artistic, and moral implications of women on stage 336: The British Novel in the Nineteenth Century 3 credit hours Prerequisite: a 200-level literature course study of the nineteenth-century British novel, including six to seven works from such authors as Austen, Shelley, the Brontes, Dickens, Collins, Thackeray, Gaskell, Eliot, Trollope, Hardy, and Wilde. Offered in fall of even-numbered years 338: Twentieth-Century Fiction 3 credit hours Prerequisite: a 200-level literature course study of significant fiction (short stories and/or novels) primarily focused on British and American authors, with additional world authors. Depending on the professor, the course may be organized thematically and/or geographically. Offered fall of odd-numbered years 352: African-American Literature 3 credit hours Prerequisite: a 200-level literature course study of African-American writers from the beginnings to the present and their relationship to American culture and history, including figures such as Wheatley, Douglass, Chesnutt, Dunbar, DuBois, Hughes, Hurston, Wright, Baldwin, Morrison, and Walker. Offered in spring of odd-numbered years 354: Southern American Literature 3 credit hours Prerequisite: a 200-level literature course study of major Southern writers, emphasizing those of the 1920s Renascence, and contemporary writers. Offered fall of even-numbered years 356: The American Novel 3 credit hours Prerequisite; a 200-level literature course study of the American novel, including eight to nine works by authors such as Hawthorne, Melville, Crane, Twain, James, Cather, Wharton, Fitzgerald, Hemingway, Faulkner, and Nabokov. Offered spring of even-numbered years 358: Twentieth-Century Poetry 3 credit hours Prerequisite: a 200-level literature course course that examines important movements in twentieth-century poetry and their late nineteenth- century influences. Emphasis will be placed on French symbolism, Latin American modernism and vanguardism, and various trends in North American poetry. The basic objectives for this course will be 128 | 2013-14 Academic Catalog to understand the literary, cultural, and historical contexts of important poems and discover new techniques for reading, responding to, and writing about poetry. Offered spring of even-numbered years 374: The Image of Women 3 credit hours Prerequisite: a 200-level literature course This course examines the expression of women\u2019s experiences and perspectives in various forms: poetry, the short story, the essay, the manifesto, autobiography, and the visual arts, with a focus on literature. Topics covered include the search for identity, gynocentrism, first, second, third wave, and third world feminism. Offered spring of odd-numbered years 375: Literary Theory 3 credit hours Prerequisite: a 200-level literature course survey of major developments in literary and critical theories. Allowing for some attention to historical perspectives, the course primarily focuses on twentieth and twenty-first century theories. Offered spring of even-numbered years 376: Law and Literature 3 credit hours Prerequisite: a 200-level literature course An examination of novels and short stories that address American legal dilemmas, as well as a consideration of the law itself as a collection of narratives that try to establish practical applications of American cultural ideals. Readings will include fiction by such important writers as Edith Wharton, Richard Wright, and William Faulkner alongside the texts of Supreme Court decisions and legal arguments from important turning points in American history. Offered fall of odd-numbered years 378: Children\u2019s Literature 3 credit hours Prerequisite: a 200-level literature course or permission of the professor An introduction to literature written for children, focusing on the British-American tradition that evolved from Alice in Wonderland and including additional works chosen from world literature. Offered spring of odd-numbered years 382: Critical Approaches to Film 3 credit hours Prerequisite: a 200-level literature course An introduction to the basic vocabulary of film studies as well as various models of film theory, including, but not limited to: deconstruction, psychoanalysis, and feminism. The primary emphasis is on feature length, narrative fiction films, but attention is also paid to documentaries and experimental films. Questions about the cinematic representation of class, race, and gender are explored. The course content may vary from term-to-term by focusing on a particular theme or issues. Offered fall of odd- numbered years 400L: Writing Lab 1 credit hour 129 | 2013-14 Academic Catalog Prerequisites: Successful completion of 112, and both an 200- and 300-level writing course. Students must be registered simultaneously in 400. This course fulfills the 400-level writing requirement. Students will participate in a writing lab linked to their 400 coursework. Early sessions will emphasize review and mastery of the writing skills taught throughout the previous three years of writing courses. When students begin work on comprehensive writing projects in 400, this lab will serve as a place to work through the writing process with peer review, workshops, and individual help. Offered fall and spring 470: Senior Seminar 3 credit hours Prerequisites: a \u201cC\u201d or better in coursework in the major, senior status Students will read and respond to a selected list of literary works focused on a particular theme, genre, or author, in scheduled class meetings for the first half of the semester. During the second half of the semester, class meetings may alternate with conferences. In class, students will give focused responses to the reading assignments, demonstrate competency in various forms of composition, complete a working bibliography, and write a comprehensive essay on a subject derived from the readings. At term\u2019s end, students will deliver to the English faculty substantive oral presentations based on their critical research. Offered fall 295/395/495: Special Topics 1-4 credit hours Prerequisite 112 course whose content may vary from term to term according to the needs of the academic department, student demand, or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491: Internship and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed the learning agreement for the internship by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester. 130 | 2013-14 Academic Catalog 499: Research in English Credit: 1-4 hours Prerequisite: junior or senior status In collaboration with a faculty sponsor, students will conduct a research project, generally, but not necessarily, resulting in an essay suitable for formal presentation or publication. Interested students should consult with an English faculty member before registering. Registration will be limited on the basis of a minimum of a 3.0 in major, viability of proposed topic, and potential for successful completion 103: World Civilizations 3 credit hours credit From the earliest human societies to the cusp of the modern world, World Civilizations to A.D. 1500 introduces students to the pageant of human history, with a global focus. Students will become familiar with the key factors and in the rise of the earliest civilizations, how they blossomed, transformed and, in many cases, fell. The course ends in 1500, when global interactions increase in their scope and their velocity. Special attention will be paid to interactions between seemingly separate societies and to the effects these interactions have had since the beginnings of human civilization. Through writing assignments, the study of primary source documents and through essay-based examinations, students will gain a familiarity with the document-based art of history. Offered fall and spring 104: World Civilizations 3 credit hours credit It might be argued that A.D. 1500 signaled the dawn of the global era. Or, was there no dawn, but merely the growth of earlier global reactions fostered by new technologies? World Civilizations from A.D. 1500 explores the last half-millennium, a time during which global contacts increased both in their scope and in their velocity, creating a world system that requires our understanding if we are to function as informed citizens in the world today. Special attention will be paid to the increased exchange of information, technology and biota (including people) in an era of increased globalization, and to the impact that \"Western\" cultures and \"non-Western\" cultures have had on each other. Through writing assignments, the study of primary source documents and through essay-based examinations, students will gain a familiarity with the document-based art of history. Offered fall and spring 201: History of the United States 3 credit hours credit This course affords students an opportunity to gain an understanding of the history of the United States to 1877 essential for American citizenship. The course endeavors to recount and explain the development of American democracy. It examines ideas, institutions and processes that affected the achievements of the American people. It focuses on decisions that reflected national goals and directed national purposes; on people who made these decisions; and on problems in foreign policy, growth of capitalism, political practices, social behavior and conflicting ideals. Offered fall and spring. 131 | 2013-14 Academic Catalog 202: History of the United States 3 credit hours credit This is the follow-up course to History of the United States I. This course allows the student the opportunity to gain an understanding of the history of the United States essential for American citizenship from 1877 forward. The course endeavors to recount and explain the development of American democracy. It examines ideas, institutions and processes that affected the achievements of the American people. It focuses on decisions that reflected national goals and directed national purposes; on people who made these decisions; and on problems in foreign policy, growth of capitalism, political practices, social behavior and conflicting ideals. Offered fall and spring 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 315: Globalization, People, and Culture 3 credit hours Prerequisite 214 or permission of the instructor Globalization is one of the key concepts of our age\u2014a term often used but little understood. Globalization is generally characterized by the increasing interconnectedness of economic, political, and cultural phenomena. These connections affect virtually all of the world\u2019s peoples, often in intimate ways. Understanding globalization is central to understanding life today, including such diverse phenomena as Mexicans in Mt. Olive and bombings in Baghdad. In order to be intelligent and compassionate actors in our contemporary world, it is important to explore the realities of globalization and consider its promise and peril. This course will do so primarily through the lens of anthropology, but will also draw upon insights and examples from other disciplines as well. The course will consider what globalization is, where it came from, and what its effects are. Students will look at why some people are excited about globalization while others resist it. They will consider how globalization affects our politics, our economics, and our culture, addressing such diverse topics as terrorism, immigration, religious fundamentalism, and the environment, as well as McDonald\u2019s, Disney, cell phones, and hip- hop culture. Offered fall of odd-numbered years 348: History of the South Since 1865 3 credit hours Prerequisite: 3 semester hours of any 100 or 200 level history course This course examines the factors that have made the South a distinctive part of the United States, from the end of the Civil War to the present. In doing so, the course treats geographic, socio-economic, ethnic, political, and cultural developments in the region. Offered spring of odd-numbered years 368: American Ethnic Relations 3 credit hours Prerequisite 214 or permission of the instructor Where did your ancestors come from? How did they shape America? What is America\u2013a melting pot, mosaic, or unequal mix? This course examines the complex dynamics of race and ethnicity in the United States. Through this course you will better understand the social and cultural characteristics of different racial and ethnic groups, their histories, and the ongoing politics of racial and ethnic relations. We will 132 | 2013-14 Academic Catalog explore some of the most interesting and controversial issues in American public discourse, including immigration policy, affirmative action, assimilation, and diversity in education. We will engage these topics primarily through sociological data and ethnographic case studies, as well as through critical reflection on our own experiences and through interactions with members of various local communities. Although an upper-level social science course, the content of this course is important for majors in all fields interested in gaining a better understanding of America\u2019s diversity. Offered fall and spring 380: India: Past and Present 3 credit hours Prerequisite 214 or permission of instructor India is a place of paradoxes: a land of great riches and grinding poverty; a land of indescribable beauty and unmentionable horrors; a land of Gandhi\u2019s nonviolence and nuclear weapons; a land where the past and the present regularly collide and live in harmony. India is the world\u2019s biggest democracy and is poised to be one of the great powers of the 21st century. To understand our contemporary world and where it is headed, it is essential that we understand India. In this course we will explore both the past and the present of India, focusing on its historical social and cultural diversity, and the issues its people confront today. We will pay particular attention to contemporary issues of nationalism, gender, communalism, and globalization, with a special focus on Indian popular culture and the Indian diaspora. Offered fall of even-numbered years 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 100: Introductory Honors Seminar 3 credit hours Prerequisite: Acceptance into the Honors Program or permission of the Honors Coordinator. This is a course and fulfills the 100 requirement team-taught, interdisciplinary seminar focused on a common theme, with a special emphasis placed on ethical decision making 225: Writing about Literature: Honors 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement The primary focus in the 200-level writing requirement is the careful and creative use of texts in student writing. For the Honors section fulfilling this requirement, the content may vary from term to term according to the needs of the academic department and interests of the faculty member. 133 | 2013-14 Academic Catalog Students take additional upper-division honors seminars and honors labs across the curriculum to complete their programs 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 380: Liberal Studies Junior Seminar 1 credit hour Prerequisite: junior or senior status You will distinguish rhetorical and explanatory statements from rational arguments and develop the skills required to think critically about any issue that may arise in your academic, professional, or personal endeavors. You will practice identifying, interpreting, and evaluating arguments of the sort found in books, journal articles, speeches, newspaper editorials, letters to the editor, magazine articles, and scientific reports. Offered in spring 470: Liberal Studies Senior Seminar 3 credit hours Prerequisites: senior status You will examine selected topics from the perspectives of multiple disciplines. You will take two essay exams and write a research paper. In class, you will openly discuss the issue for the day, analyze \u201cpro\u201d and \u201ccon\u201d positions on the issue, and participate in paper workshops. You will improve your ability to apply useful ways of asking questions, to gather information, to evaluate evidence, to understand the world, and to confront moral problems. Offered in spring 490/491: Internship and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester. 134 | 2013-14 Academic Catalog 097: Intermediate Algebra 3 hours institutional credit This course is designed to prepare students for College Algebra (MAT111). You will achieve a better understanding of the mathematics you will need for use in all disciplines, improve your understanding of the basic mathematical concepts of algebra and geometry, improve your mathematical skills, and explore familiar concepts using different techniques. This course does not count as credit toward meeting graduation requirements. Offered fall 111: College Algebra 3 credit hours You will study real numbers, solving equations and inequalities, algebraic functions, graphing functions, and inverse functions. You will also study an introductory probability and counting methods. Note 111 is also offered with workshop option, which meets five hours per week. Offered fall and spring 112: Pre-Calculus Mathematics 3 credit hours Prerequisite 111 or placement by mathematics faculty You will study exponential and logarithmic functions, trigonometric functions, trigonometric identities and equations, applications of trigonometry, and systems of equations 121: Fundamental Concepts of Mathematics 3 credit hours Prerequisite 111 or 201 This course is designed to strengthen your mathematical abilities and confidence in those abilities before you become a classroom teacher. Your will explore topics in mathematics from arithmetic (numeration systems, number theory, and operations on fractions), algebra (patterns and algorithms), and from geometry (shape and space, length, area, volume, and symmetries). All students are welcomed to take this class. Offered spring 201: Introduction to Statistics 3 credit hours Prerequisite 111 or 202 or placement by mathematics faculty credit You will be introduced to descriptive and inferential statistical concepts, including elementary probability, frequency distribution, random variables, binomial and normal distributions, confidence intervals, hypothesis testing, correlation, and linear regression. Most students should take this course during the sophomore year. Offered fall and spring 202: Finite Math 3 credit hours Prerequisites 111 or placement by mathematics faculty 135 | 2013-14 Academic Catalog You will study selected topics in finite mathematics, including set operations, Venn diagrams, elementary probability, counting techniques (including permutations and combinations), matrices, solving systems of equations, linear programming, and mathematics of finance. Offered spring 241: Calculus with Analytic Geometry 4 credit hours Prerequisite 111 or 112 or placement by mathematics faculty You will study limits, derivatives, and anti-derivatives of algebraic, trigonometric, exponential, and logarithmic functions. You will also study the application of calculus to graphing functions, the fundamental theorem of calculus, and definite integrals. Offered in fall 242: Calculus with Analytic Geometry 4 credit hours Prerequisite 241 or placement by mathematics faculty You will study the applications of the definite integral in areas, volumes, and surface areas. You will also study inverse trigonometric functions, hyperbolic and inverse hyperbolic functions, including their derivatives and integrals, techniques of integration, indeterminate forms, improper integrals, infinite series, tests of convergence, polar coordinates, and conic sections. Offered in spring of even-numbered years 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 301: Statistics 3 credit hours Prerequisite 201 or permission of professor You will examine relationships between two variables using parametric and nonparametric statistics: graphical techniques, simple linear regression and correlation methods, experiment design and sampling. Other topics will include: confidence intervals and hypothesis testing with graphics in multiple samples and/or variables cases, tests for means/proportions of two independent groups, analysis of variance for completely randomized design, contingency table analysis, correlation, single and multiple linear regression, design of experiments with randomized blocks, factorial design, and analysis of covariance. Application of these topics will be drawn from business, economics, the social sciences, biology, and other areas. Students will use statistical analysis technology. Offered in spring 341: Multiple Variable Calculus 4 credit hours Prerequisite 242 or placement by mathematics faculty You will study parametric equations, vectors, solid analytic geometry, functions of several variables, vector-valued functions, partial derivatives and their applications, multiple integrals, elementary differential equations, and Green\u2019s and Stoke\u2019s theorems 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status 136 | 2013-14 Academic Catalog course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 201: Introduction to Philosophy 3 credit hours credit You will embark on an introductory survey of many of the main philosophical issues in contemporary Western thinking. You will discuss current and historical philosophers as you examine the following topics: logic, religion, knowledge, the mind, the self, free will, and ethics. Offered in fall 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 400: Senior Interdisciplinary Ethics Seminar 3 credit hours Prerequisite: senior status credit You will study the relationship among religion, ethics, and the professional world. You will examine ethical theories and contemporary moral problems as you learn how to create your own good moral arguments on both personal and professional topics. Offered fall and spring 118: Cross Training 1 credit hour; two hours each week This is a physical conditioning class in which students apply the principles of health-related fitness training. Aerobic activities include fitness walking, jogging, and use of aerobic exercise equipment. Strength training includes use of weight machines and free weights. 137 | 2013-14 Academic Catalog 119: Strength Training 1 credit hour; two hours each week This is a physical conditioning class focusing on the principles and practice of strength and resistance exercise. Technique and progression for use of different modalities of strength training is covered 136: Yoga 1 credit hour; two hours each week This course is an introduction to the basic principles of yoga, an integrated system of education of the body, mind, and spirit. The student will focus on the physical aspects of the practice and deepening body awareness 154: Pilates 1 credit hour; two hours each week This course is an introduction to the fundamentals and exercises of Pilates mat work. Based on the work of Joseph H. Pilates, students learn this integrated system of movement, breath, and experiential anatomical awareness to increase core body strength, flexibility, and range of motion 195/295: Special Topics In Physical Education 1-4 credit hours The content of this course may vary from term-to-term according to the needs of the academic department, student demand, or the interests of the instructor 211: College Physics 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite 111 or 241 Recommended: Completion of 111 and 112 with a \u201cC\u201d or better; sophomore or higher standing. First part of a two-semester introductory sequence in non-calculus physics, with laboratory. Topics include: mechanics, force, motion, Newton\u2019s Laws, velocity, acceleration, momentum, collisions, circular motion, rotational motion (oscillations, pendulums), simple harmonic motion, energy, conservation laws, and work. Offered fall 212: College Physics 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisites 211 with a \u201cC\u201d or better Second part of a two-semester introductory sequence in non-calculus physics, with laboratory. Topics include: electromagnetism, waves, electrical charges, forces, field, capacitors, circuits, Ohm\u2019s Law, sound, and optics. Offered spring 201: American Government 3 credit hours credit All of us are affected every day by what the federal government does. As an American citizen, you need to know how it is organized and how it works. In this course, you will learn about the history, 138 | 2013-14 Academic Catalog constitutional basis, structure, and processes of American government. You will learn about the effects that the media, interest groups, political parties, and public opinion have on the government. You will also begin to learn how to analyze particular types of policies (such as foreign policy, environmental policy, and economic policy) in a systematic way. If you decide to major in political science (PSC), this course is the pre-requisite for all other courses. In any event, you will leave the course as a better- informed citizen, with a solid foundation for future studies in politics, policy, business, and law. Offered fall and spring 202: State and Local Government 3 credit hours credit Americans tend to be more familiar with the federal government than with state and local governments, although these latter governments affect most of us more directly on a daily basis. As a companion course to 201: American Government, this course will help you understand the different types of local and state government institutions, how these institutions interact with the federal government, how laws that affect you on a daily basis are passed, and how you, as an average citizen, can influence local and state government through advocacy, interacting with local and state officials, and voting. At the end of this course, which is required of all majors, you will have a more thorough understanding of municipal, county, and state government, including how the court system works at all of these levels. You may even be inspired to run for local or state office after taking the course! Offered fall 220: Introduction to Public Administration 3 credit hours Most of us have some experience interacting with a government office\u2014from renewing a driver\u2019s license to paying a fine in traffic court. Sometimes we complain about government bureaucracy and sometimes we are thankful that someone in government helped us solve a problem, like when you lost your passport. In this course, you will learn how government works. Public administration is the study of how government programs and policy are carried out. You will learn about budgeting, hiring, delivering services, and assessing results\u2014all in the public sector. Offered fall 260: Political Economy for Public Policy 3 credit hours Think of any area of public policy (such as crime, foreign policy, social security, or health care), and you will notice that both politics and economics would be involved in discussing what is being done (or what should be done) in that policy area. In this course, you will learn how economics applies to making decisions about public policy. You will also learn how to use basic economic analysis to evaluate policy choices, and you will see how politics may affect the choices you might make. You can take this course even if you have not previously had an economics course. Even if you do not major in PSC, this course would be particularly valuable to persons working in government and business. Offered spring 270: Introduction to Law and the Legal System 3 credit hours credit The judiciary is one of the three branches of our constitutional system. How it and the underlying legal system operate is important to all of us. In this course, you will get an overview of American law and the American legal system. You will learn what the law is, what it does, where it is found, and how it impacts individuals and society. You will also learn about many specific legal topics, such as contracts, 139 | 2013-14 Academic Catalog torts, and the criminal law. If your future plans include law school, this course is highly recommended. Even if you do not major in or do not plan a career in law, you will find the course helpful in everyday life and as background for careers in business and government. Offered fall and spring 280: Introduction to Public Policy 3 credit hours Social Science credit Public policy is what government decides to do or not to do about perceived public problems. Because we read newspapers, watch television, listen to radio, and surf the internet, we are all aware of some of the problems on the agenda from time to time partial list might include capital punishment, abortion, terrorism, taxes, and the economy. Who decides what policy is? How is policy made? In this course, you will examine the policy process and deal with selected areas of domestic policy. In doing so, your point of view will be that of the observer or the person having a stake in the policy decisions made, not of the policy analyst. You will engage in informal debates, as part of a task force, about specific policy issues. Even if you do not major in PSC, this course would benefit you if you plan a career in business or government. Offered fall and spring 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 305: Campaigns and Elections 3 credit hours Have you ever thought about running for political office or about working on a political campaign? Or have you ever just wondered how some people get elected and others do not. This course will help you understand electoral politics from an \u201cinsider\u2019s perspective.\u201d You will learn and practice all of the skills used by candidates and campaign consultants in running and participating in successful campaigns. You will learn how to conduct research on electoral districts and past race, create a campaign plan, construct effective messages\u2013advertisements, speeches, and web pages\u2013used in campaigns, and how the media play such an important role in political campaigns. Even if you never run for office, you will leave this course with a better understanding of how political campaigns work. Offered fall of even- numbered years 310: Lobbying and Advocacy 3 credit hours Advocacy is the pursuit of influencing outcomes\u2014including public policy and resource allocation decision\u2014that directly affect peoples\u2019 live. Lobbying is a formal process used by representatives from interest groups to get elected officials to pass legislation favorable to the interest group. In this class, you will learn how to influence people\u2014citizens and elected officials\u2014on public policy matters. Offered spring of odd-numbered years 311: Political Leadership 3 credit hours What does it take to be an effective political leader? How can you become a political leader\u2014at the local, state, or even national level? This course examines theories of effective political leadership. It also helps students develop the attitudes, knowledge, and skills necessary for contemporary political 140 | 2013-14 Academic Catalog leaders. Even if you do not see yourself ever seeking appointed or elected office, taking this course will help you better understand the challenges and opportunities that political leaders face. Offered fall of odd-numbered years 340: Non-Profit Administration 3 credit hours Non-profit organizations play a large role in the public sector. These organizations influence the political process through lobbying and advocacy. They also deliver services to people. This course will introduce you to the role that non-profit organizations play in American life and how they intersect with government. You will also learn about topics affecting how non-profits are managed, including: leadership, budgeting, fundraising, and advocacy. This course offers a theoretical and practical overview of the sector. Offered spring of even-numbered years 360: Public Policy Research 3 credit hours Most public policy\u2014at the local, state, and national levels\u2014is made after careful consideration of the costs and benefits of various policy alternatives. In this course you will learn how to apply various research methods to policy problems and alternatives. You will learn how to conduct practical research and report your findings in a clear, concise manner. Offered spring of odd-numbered years 370: American Constitutional Law 3 credit hours The U.S. Constitution is the very foundation of our government. The way in which this document is interpreted determines, to a large degree, what the relationship between the government and the governed will be. In this course, you will learn about the Constitution and about the major cases the Supreme Court has decided in interpreting Constitutional provisions. You will learn about the various theories concerning how the Constitution should be interpreted. You will also learn about the powers of national and state governments; about the powers of the various branches of the federal government, and about how the Constitution protects the rights and liberties of individual citizens and organizations. In class, you will play the role of Constitutional lawyers representing one side of a case actually before the Supreme Court during the term. Then later, you will play the role of a Supreme Court Justice having to decide that same case. This course will be very valuable to anyone who plans to attend law school. Offered spring of even-numbered years 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 410: Practicum in Advocacy/Lobbying 4 credit hours Prerequisite or major with at least 90 hours or permission of department chair 141 | 2013-14 Academic Catalog As a student in this course you will learn about the role of advocacy and lobbying in the American governmental system. In addition, you will understand the laws and ethics of lobbying and how advocacy organizations and lobbyists shape policy. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about advocacy and lobbying. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance. Offered fall and spring 420: Practicum in Governance 4 credit hours Prerequisite or major with at least 90 hours or permission of department chair As a student in this course you will learn about the interaction between the executive and legislative branches of North Carolina government. You will learn how laws are passed and how the state budget is constructed. In addition, you will learn about the \u201cpolitics\u201d of North Carolina by observing how different constituency groups and pressure groups affect the governing process. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about the placement agency and about governance in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance. Offered fall and spring 430: Practicum in Law 4 credit hours Prerequisite or major with at least 90 hours or permission of department chair As a student in this course you will have the opportunity to experience what is like to engage in the private practice of law or to serve in the capacity of someone using legal training in an agency setting. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the firm or agency setting in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write a report in which you describe in detail what you have learned about the practice of law at the firm or the role and function of legally-trained personnel in the agency. The report will contain exhibits including a record of time spent and actions taken (in the nature of billable-time records often kept by practicing attorneys), exhibits or documents drafted or legal research memorandums or the like, as evidence of the type and quality of work performed (all redacted as required by confidentiality requirements as negotiated between the William Peace University professor and the on-site manager). This course provides you with an opportunity to supplement in-class learning with practical experience, giving the subject matter real-world and real-time significance. Offered fall and spring 440: Practicum in Non-Profit Administration 4 credit hours Prerequisite or major with at least 90 hours or permission of department chair As a student in this course you will learn about how non-profit organizations operate within the world of politics. You will understand the internal workings of a non-profit, including fund development, service delivery, and management. In addition, you will observe how non-profit agencies interact with 142 | 2013-14 Academic Catalog government offices and policy-makers. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about the placement agency and about non-profit administration in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance. Offered fall and spring 450: Practicum in Politics 4 credit hours Prerequisite or with at least 90 hours or permission of department chair As a student in this course you will learn about partisan politics in North Carolina. You will discover how historical events have shaped the two-party system in North Carolina. In addition, you will learn how political campaigns really work. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about partisan politics. This course provides you with an opportunity to supplement in-class learning with practical experience, giving the subject matter real-world and real- time significance. Offered fall and spring 460: Practicum in Policy Research 4 credit hours Prerequisite or major with at least 90 hours or permission of department chair As a student in this course you will be involved in conducting research into important current issues, seeking solutions that will inform those who make and execute policy at one or more levels of government. You will focus on one such issue area or policy problem in preparing a policy issue paper suitable for presentation or publication. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the organization or think tank in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"policy issue paper\" in which you describe in detail what you have learned about the policy issue and about public policy and policy analysis in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance. Offered fall and spring 470: Practicum in Public Administration 4 credit hours Prerequisite or major with at least 90 hours or permission of department chair As a student in this course you will learn about a particular agency within one of the three levels of bureaucracy in the American governmental system; its mission; its history, structural features, and relationships to entities inside and outside its level of bureaucracy; its budget and personnel issues; its unique agency culture; any significant leaders past and present; and its outlook for the future. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on- site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about the placement 143 | 2013-14 Academic Catalog agency and about public administration in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real- time significance. Offered fall and spring 480: Senior Seminar in Political Science Prerequisite or major with at least 90 hours or permission of department chair As a student in this course, you will be concurrently enrolled in the practicums of the Raleigh Experience. Here you will integrate the knowledge and skills you have developed in the academic courses and the real-world experiences of the Raleigh Experience. You will prepare for the transition from college to a career in public service or to graduate or professional school. Offered spring 490/491: Internship and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester 100: Professional Development Seminar: First-Year Experience 1 credit hour Required for new first-year students and transfers with 29 or fewer credit hours. Professional Readiness (PR) credit This course is designed to give you the opportunity to find community with other first-year students by exploring academic, social, and ethical issues that are important to your life shared summer reading assignment is a central part of the course and serves to welcome incoming students into the academic community. Offered in fall 200: Professional Development Seminar II: Career And Leadership Development 1 credit hour Prerequisite 100; sophomore status. Transfer students with more than 60 credit hours and declared majors are exempt. Professional Readiness (PR) credit This course is designed to help you gain insight into your personal strengths and interests while exploring career options and leadership styles. You will take a career assessment and learn how the results impact your major and career decisions. You will learn leadership styles and also how leaders make ethical decisions in the workplace. Offered fall and spring 300: Professional Development Seminar III: Workplace Connections 1 credit hour Prerequisite 200 and junior status Professional Readiness (PR) credit 144 | 2013-14 Academic Catalog This seminar is specifically designed to help you prepare for your internship search and/or your first professional position after college. You\u2019ll also learn how to develop an effective job search strategy, write a resume and cover letter, and learn interviewing skills. Topics also include: professional communication, business etiquette, and dealing with workplace ethical dilemmas. Students are recommended to register for this course the semester prior to their internship or experiential learning course in their major. Offered fall, spring, and summer 101: General Psychology (Honors option) 3 credit hours Social Science credit Note: The Honors option includes three lecture hours each week and one laboratory hour each week and carries 4 credit hours. Does what you eat impact your brain function? Is it damaging to spank your children? Are you really independently minded, or do others influence you more than you think? These are just a few of the many real-life questions addressed in General Psychology. Through readings, lectures, discussions, and in-class activities, you will learn the ways psychologists study human behavior and the mind major emphasis will be placed on understanding basic methods of data collection, analysis, and interpretation. No matter what major you decide to pursue, General Psychology will help you better understand yourself and be able to work effectively with others. Offered fall and spring 221: Life-Span Development 3 credit hours Whether your goal is to be a professional, a parent, a partner, or maybe all three, knowledge of what people experience at different ages will help you to be more effective in your professional and personal interactions. This course will explore a variety of topics throughout the lifespan, such as prenatal brain growth, infant attachment, adolescent sexuality, whether or not people really have a \u201cmid-life crisis\u201d, and myths of aging. You will apply and demonstrate your learning in group work, projects, and papers. You will also be asked to make connections across the lifespan. For example, you might be asked to investigate how your childhood attachment patterns are related to your ability to form effective relationships as an adult. Offered spring 230: Personality Psychology 3 credit hours Prerequisite 101 Who are you and how are you unique from others? Would you describe yourself as cautious or thrill- seeking? Introverted or extroverted? Flexible or rigid? Understanding your own personality can help you function more productively in work and relationships. Understanding variations in personality allows you to predict other people\u2019s behavior so you know what to expect from them. This course examines the different theories about how personality is thought to develop (e.g., psychodynamic, motivational, biological, or cognitive). Through class discussions, readings, activities, and class projects, we will explore the elements of personality, how these elements are organized, and the influence of personality on human behavior. Offered fall. 145 | 2013-14 Academic Catalog 240: Abnormal Behavior 3 credit hours Prerequisite 101 Did you know that almost one in two people will be directly affected by a psychological disorder such as anxiety, depression, alcohol dependence or schizophrenia? It\u2019s very likely that you already know a friend or family member who is struggling with one of these disorders, or possibly you have struggled with one of these disorders yourself. Through readings, lectures, discussions, and in-class activities, this course will help you better understand the description, causes, and treatments of the most common psychological disorders. Even those students who have never had experiences with psychological disorders will gain useful strategies for stress management, coping with automatic negative thoughts, and maintaining good mental health over the course of their lifetime. Offered fall 295/395/495: Special Topics 1-4 credit hours Prerequisites: Permission of the instructor course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 300: Research Methods 3 credit hours Prerequisites 101 and 201 This is the first semester of a two-course sequence that will help you understand the methods psychologists use in studying human behavior and the mind. You will learn basic scientific methods and how to conduct research in an ethical manner. Emphasis will be placed on learning basic methods and having the opportunity to apply that knowledge. For example, you will learn about experiments and then have the opportunity to conduct and analyze data from an experiment. Other topics covered include surveys, observational research, small n-designs, quasi-experiments, and qualitative research. You will learn how to evaluate such designs and improve on example studies discussed in class. In addition, you will learn how to understand the statistical findings and techniques reported in professional journal articles and how to evaluate common claims reported in the news. Students will conduct an in-depth review of existing research in a specific area of psychology and design a research project. Emphasis will be placed on writing a formal research proposal that incorporates standards of scientific writing in the context of the behavior sciences as well as the use of American Psychological Association (APA) writing style. Offered fall 303: Research Methods 3 credit hours Prerequisite 300 This is the second semester of a two-course sequence that will help you understand the methods psychologists use in studying human behavior and the mind. You will learn basic scientific methods and how to conduct research in an ethical manner. Emphasis will be placed on learning basic methods and having the opportunity to apply that knowledge. For example, you will learn about experiments and then have the opportunity to conduct and analyze data from an experiment. Other topics covered include surveys, observational research, small n-designs, quasi-experiments, and qualitative research. You will learn how to evaluate such designs and improve on example studies discusses in class. In addition, you will learn how to understand the statistical findings and techniques reported in professional journal articles and how to evaluate common claims reported in the news. Students will 146 | 2013-14 Academic Catalog conduct an in-depth review of existing research in a specific area of psychology and design a research project. Emphasis will be placed on writing a formal research proposal that incorporates standards of scientific writing in the context of the behavior sciences as well as the use of American Psychological Association (APA) writing style. Offered spring 310: Child and Adolescent Development 3 credit hours Prerequisite 101 Have you ever wondered how certain foods and drugs influence children\u2019s development during the prenatal period? Or how infant personality and parenting style interact to create a certain kind of parent-child relationship? Or what makes certain teens popular, while others are rejected? This course will introduce you to biological, cognitive, and social-emotional development of childhood and adolescence. Through this course, you will focus on a range of topics that will help you parent your own future children or work with children and adolescents in a professional setting. Offered spring 311: Cognitive Psychology 3 credit hours Prerequisite 101 Can you rely on your memory to be accurate? Is it possible to have too much information to learn to be able to remember it? What information do you use when trying to solve a problem? Why are children able to learn language quickly, while adults struggle with the same task? Understanding how our mental processes work is the basic goal of cognitive psychology. Understanding how we think can be of special interest to those pursuing fields of education, business, and law. Offered fall 321: The Psychology of Adulthood & Aging 3 credit hours Prerequisite 101 Who is old? Which psychological processes change after an individual reaches their biological maturation, and which do not? This course focuses on changes and continuities in psychological development after adolescence. We will consider both theory and research concerning adult development and aging in the physical, cognitive, and socio-emotional domains. We will also evaluate what it means to age successfully versus unsuccessfully. Thus, we will consider outcomes ranging from optimal aging to average or usual aging, to diseased aging. Offered fall 330: Social Psychology 3 credit hours Prerequisite 101 How do your stereotypes of other people change their behavior? What techniques are successful in influencing others\u2019 behavior? Why are some relationships successful while others end in conflict? And what determines whether people will be helpful or aggressive? Social psychologists examine how behavior is affected by the presence of other people and by the specific situation. Classic problems throughout history (e.g., obedience in Nazi Germany) and modern issues (e.g., prejudice by teachers) will be studied in this course. You will have the opportunity to apply many of the topics to your life and to the lives of those around you. Offered spring. 147 | 2013-14 Academic Catalog 360: Family Psychology 3 credit hours Prerequisite 101 How has growing up in your family shaped the person you have become? This course examines family influences on people\u2019s development. Throughout the class, we will continually remind ourselves that contemporary families are highly diverse and develop in highly diverse settings. Some of the specific topics we will explore include characteristics of divorced and step-families, gay and lesbian families, single-parent families, and the influences of poverty and discrimination on family functioning. After you have completed this course, you will have more knowledge of children\u2019s development in general and influences on familial development in particular. Offered fall 375: Human Sexuality and Gender 3 credit hours Prerequisite 101 If you think you already know everything there is to know about the \u201cbirds and the bees,\u201d fasten your seatbelt for a wild ride through human sexuality! The more knowledge you have about your body, your sexual and reproductive functioning, and the factors that influence sexual development, such as gender roles, beauty expectations, and fertility, the more likely you will be able to sustain good health and functioning. This course will also explore controversial topics such as sex education, abortion, sexual orientation, sex work, and sexual coercion. Offered spring 382: Learning 3 credit hours Prerequisite 101 People in education, mental health professions, and business need to understand how others learn new information and how to motivate them to work harder. You will learn various concepts and techniques that will help you understand how we learn everything from fears to new concepts in a class. You\u2019ll also understand the many different types of motivation, what helps to keep us motivated once we\u2019ve already accomplished something, and how to motivate someone who appears not to care. You will examine theories and research findings related to learning and motivation and then apply that information by creating programs for yourself (e.g., how to exercise more) and for others (e.g., how to get kids to do their homework). Offered spring 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status and permission of the instructor course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 394: Psychology Research 3 credit hours Prerequisite 300 or permission of the professor 148 | 2013-14 Academic Catalog This course allows you to pursue answers to various questions about human behavior by helping psychology faculty members conduct research in our psychology lab. In collaboration with a faculty member, you will form a hypothesis, collect data to test your hypothesis, and then analyze the data. You will work closely with a small group (usually 4-6 students) to conduct your study. Offered fall and spring 396: Psychology Research 3 credit hours Prerequisites 394 and permission of the professor In Psychology Research II, you have the opportunity to continue working on the study you started in 394: Psychology Research I. In addition, you may serve as a research assistant to the professor by helping to teach the other students about the research project and how to collect, code, and analyze data. Offered fall and spring 411: Biological Psychology 3 credit hours Prerequisite 300 What makes you you? Is it your physical form? Is it your genetic make-up? Is it your thoughts and behavior? In Biological Psychology we get to the root of these questions by examining the physiological, evolutionary, and developmental mechanisms of behavior. In short, we look at the interactions among brain, body, and behavior. Through in-class and out-of-class assignments and activities, you will discover how we know everyone perceives the color red the same way, how smoking even one cigarette will make you want more, and how individuals act when the two hemispheres of the brain cannot \u201ctalk\u201d to each another. Biological Psychology will lead you through the exciting world of typical and atypical behavior by helping you better understand the physiological underpinnings of human functioning. Offered fall 440: Counseling Theories and Techniques 3 credit hours Prerequisite 300 or permission of the instructor Notes: Prior completion of 240 is recommended but not required. If you are interested in relationships, communication, helping techniques, and interpersonal self- evaluation, this course is for you! Counseling Theories is designed to help you improve problem-solving skills, \u201cpeople skills,\u201d and your ability to use feedback for self-reflection and growth. Through readings, in-class discussions, and written reflections, you will develop a working knowledge of the counseling process. Through the use of role-plays and simulated interviews, you will develop the necessary skills to conduct an initial clinical interview, build a therapeutic relationship, and inspire change. Skills such as listening, assessing, empathizing, reflecting, questioning, reframing, challenging, summarizing, and goal-setting will be emphasized. Offered spring 470: Senior Seminar in Psychology 3 credit hours Prerequisites: Psychology major 300, and senior status Senior Seminar is an opportunity for you to take what you have learned in your other psychology courses and integrate those concepts before graduating. The content in this course focuses on current topics in the field of psychology such as Positive Psychology, Peace Psychology, and Cultural Psychology. Within our discussion of such topics there is an emphasis on ethical behavior and how you can use your Psychology degree to have a positive impact on the world. Offered spring. 149 | 2013-14 Academic Catalog 480: Honors Thesis in Psychology 3 credit hours Prerequisites 300 and permission of the instructor Have you ever thought about going to graduate school? If so, this is the course for you! You will work one-on-one with a psychology faculty member to design a research study and carry it out, much the same as you will do in graduate school. You will be expected to submit your research to a professional conference and make a presentation at the conference if your work is accepted (which it will be \u2013 we\u2019ve never had a Peace student paper rejected!). Seniors who can work independently and who want to be challenged should take this course. The research skills you will gain in this class can make you a very attractive applicant to a graduate program and make you competitive for entry-level research positions in the professional world. Offered fall and spring 490/491: Internship and 1 to 6 credit hours Prerequisites: junior or senior status 300 An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) credit hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester 111: World Religions 3 credit hours credit This course introduces students to the world\u2019s great religions (Indigenous religions, Hinduism, Jainism, Buddhism, Sikhism, Confucianism, Daoism, Shinto, the Religion of Ancient Israel, Judaism, Christianity and Islam) so that they will discover what all religions share in common (and how vastly different they are), how each religion seeks to provide guidance in solving fundamental human problems, offers a wonderful window onto a culture\u2019s great art, science, medicine, cuisine, literature, architecture, and music, both shapes a culture and is shaped by it, helps a culture articulate its values, morals and aspirations, helps us to understand ourselves, provides people orientation to life and a map of reality, and binds people together. Students will read primary as well as secondary texts. Offered fall and spring 114: Introduction to the Old Testament 3 credit hours credit This course furnishes students with the tools and background necessary to help make their own reading of the Old Testament informed, insightful, and fresh. By providing guidance in the historical, geographical, and faith contexts, as well as the literary art involved in the production and crafting of this great literature, the course will help students understand why the study of the Old Testament has been the source of enjoyment, inspiration, and spiritual direction for centuries. Offered fall. 150 | 2013-14 Academic Catalog 124: Introduction to the New Testament 3 credit hours credit This course introduces students to the literature of the canonical New Testament, focusing on the development of the Jesus traditions that eventually led to the writing of literary gospels and the correspondence of early Christian leaders with the burgeoning churches. Offered spring 202: Religion in America 3 credit hours This course helps students understand how religion has shaped American culture and how American culture has shaped religion. It will focus on the diversity of religion in America and compare movements and ideas. It will also inquire about whether there are unifying elements in American religion that bind Americans together as a people significant focus of this course is on five vital impulses that perennially shape American religion: the experimentalist, millennialist, utopian, modernist and traditionalist impulses. The course will concentrate on the meaning of America as a series of colonial religious experiments, the religious motivations for major movements of social reform, alternative religious movements that favor communal experiments or utopian vision, the occult, Eastern religions, movements that helped Americans accommodate religious beliefs to modern world views, and the reactionary movements that opposed cultural accommodation. Offered in the spring of odd-numbered years 231: Comparative Mythology 3 credit hours This course invites students to a contemporary, cross-cultural study of the world\u2019s great mythologies as a search for values and identity. Students will explore the common elements, recurrent patterns, themes, and archetypes of mythologies around the world, from ancient times to the present. Offered in the fall of odd-numbered years 244: Prophets and the Prophetic Movement 3 credit hours Prerequisite 114 This course studies the phenomenon of prophecy in ancient Israel and the prophetic literature in the Hebrew Bible/Old Testament. It provides an introduction to prophecy and the prophetic literature in the ancient Near East. It surveys the biblical prophetic books and their main topics in chronological order, paying special attention to the contemporary events in the Near East and Israel. It reflects on the modern relevance of the prophetic texts. Offered in rotation with 315 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member. 151 | 2013-14 Academic Catalog 302: Religion and the American South 3 credit hours Recommended 202 This course examines the role of religion in shaping Southern history, culture and regional identity. This course will also focus on the role of African Americans in the shaping of Southern religion. Students will read primary and secondary documents (including fiction), watch films, and listen to various forms of southern gospel music and hymnody. Offered in the spring of even-numbered years 315: Wisdom in Ancient Israel and Ancient Near East 3 credit hours Prerequisite 114 or 124 The purpose of this course is to help students appreciate the great and little traditions of wisdom in the Hebrew Scriptures and in the Ancient Near East in general, as a movement of instruction in royal academies, as an ancient humanistic tradition, and as a literary and scholastic tradition that often challenged traditional religious ideas as well as priestly and prophetic institutions. Offered in rotation with 244 323: Western Religious Thought 3 credit hours This course introduces students to the lives and writings of some of the Western world\u2019s great thinkers, martyrs, religious revolutionaries, preachers, missionaries, mystics, literary figures, and social reformers. These will include Boethius, Perpetua, John of the Cross, Bunyan, Madame Guyon, Albert Schweitzer, and Dietrich Bonhoeffer. We will concentrate on religious issues that are universal: the \u201cgood\u201d life, the purpose of God in history, the problem of evil, envisioning a more meaningful future for humankind, justice, freedom, the afterlife, and faithful commitment to great ideals. All of the primary readings in this course were written in prison. Offered in fall of even-numbered years 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 111: Introduction to Simulation And Game Design 3 credit hours This course covers the history and evolution of electronic game development, with a focus on design elements, technical innovations, and societal influences. The student will learn the elements of production including game conceptualization, story development, interface, character, soundtrack and level design. Offered fall and spring. 152 | 2013-14 Academic Catalog 151: Programming C++ 3 credit hours This course provides the fundamentals of programming primarily using C++, the standard language of the Simulation and Game industry. Topics include binary and hexadecimal number systems, algorithm design and computer organization. The course progresses to game functions, game loops, software objects and using functions to manage code. Offered fall and spring 211: Simulation and Game Technology 3 credit hours Prerequisites 111 and 151 Game designers need an essential skill set that allows them to realize their concepts through working prototypes. In Game Technology students learn how to develop and manipulate game mechanics and environments through visual and traditional scripting tools. This class supports skills needed for level editing and design, prototyping, and working in game engines. Offered every fall and odd-year spring semesters 222: Simulation and Game Design 3 credit hours Prerequisites 110 and 111 This course will focus on the basic principles of animation, motion perception and design in 2D and 3D. The principles and techniques involved in creating 3 dimensional media are introduced. Students will learn the step- by-step process of 3D graphics using industry standard software such as Maya and 3ds Studio Max. Texture design, mapping skills, lighting and scene setup and rendering is covered. Offered fall 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 311: Simulation and Game Technology 3 credit hours Prerequisites 270 and 211 Acquire the integration skills needed to successfully build a 3D game. We explore both the technical construction and practical design of games in a 3D game engine. The technical skills required to use the game engine software are combined with knowing how and when to use spaces in a level, construct an interface, establish moods, and direct a player's attention through sound effects, lighting, camera angles, and text to create a complete working game. Offered spring 322: 3D Modeling and Animation 3 credit hours Prerequisite 222 This course covers the techniques involved in animating 3D models in 3D scenes using Maya and 3ds Studio Max. Students will use Motion Capture equipment and will learn the process of building a 3D scene from objects with lighting placement and camera manipulation. Animation of characters using key frames is covered in detail. Offered spring. 153 | 2013-14 Academic Catalog 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 411: Collaborative Simulation and Game Design 3 credit hours Prerequisite 311 capstone experience in the Simulation and Game Design sequence. In teams, students will work across and outside of typical production roles in order to design, prototype, and create a digital game. Offered fall of even-numbered years 422: Senior Project 3 credit hours Prerequisite 411 This senior level seminar is flexible in both format and content due to advancing technology within the field. Working with a professor, students select an appropriate topic for the design of an original interactive project which will result in a presentation of a final project. It is intended to simulate the real world experience of a simulation or game project developer/designer. Offered spring of odd-numbered years 490/491: Internship and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester 101: Beginning Spanish 3 credit hours An introductory course for college students: conversation, grammar, reading, and introduction to aspects of Hispanic culture. Offered fall 102: Beginning Spanish 3 credit hours An introductory course for college students: conversation, grammar, reading and introduction to aspects of Hispanic culture. Offered spring. 154 | 2013-14 Academic Catalog 213: Conversational Spanish 3 credit hours Prerequisite: permission of the instructor Spanish conversation at the intermediate level, which will provide intensive oral practice for a small group of students. Practice with both structured and spontaneous conversation plus listening practice and writing exercises. Offered fall 219: Latin American Literature 3 credit hours This course introduces students to the main periods and movements of Latin American literature from the conquest and colonial periods to \u201cthe Boom\u201d and \u201cpost-Boom\u201d movements of the twentieth century and beyond. All selections will be taught in translation, including authors such as: Col\u00f3n, de las Casas, Sor Juana, Bol\u00edvar, Dar\u00edo, Mart\u00ed, Mistral, Vallejo, Neruda, Rulfo, Garc\u00eda M\u00e1rquez, Fuentes 295/395/495: Special Topics 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 101,102, 201, 202, 301, 302, 401, 402: Theatre Performance 1 credit hour Prerequisite: audition only; may be repeated. Students perform in William Peace Theatre productions. Offered fall and spring 103: Introduction to the Theatre 3 credit hours; 3 hours lecture and 1 hour of laboratory per week Introduction to Theatre challenges students to interpret, criticize, and appreciate the roles theatre plays in society through positive comparisons to television and film. From theatre\u2019s ritual origins to modern musicals, from controversies surrounding the to the applicability of acting lessons to everyday life, this course provides a first step toward a deeper awareness of theatre\u2019s enduring significance. Offered fall even-numbered years. 155 | 2013-14 Academic Catalog 104: Theatre Practicum 1 credit hour Prerequisite: permission of instructor; extra fees and costs involved Students travel to New York, Las Vegas, London, and other cities to see plays, musicals, attend seminars and take backstage tours. Students will study plays and performances in advance of the trip and will receive informal instruction from the instructor before and after performances. Students will also keep a travel journal that will include reviews of performances. Offered as needed 105, 106, 205, 206, 305, 306, 405, 406: Theatre Crew 1 credit hour Prerequisite: permission of professor; may be repeated Students work on the technical crews for theatre productions under the supervision of the Operations Manager. Offered fall and spring 108, 208, 308, 408: Theatre and Musical Theatre Showcase 1 credit hour Prerequisite: permission of instructor; may be repeated Theatre Showcase is a performance laboratory class which features public performance of rehearsed material. Theatre and musical theatre students work on individual material like songs, duets, ensembles, dances, scenes, and monologues, as part of building their professional portfolios. The culmination of the class is a series of public performances for audiences, adjudicators, peers and mentors. Offered every spring 112: Introduction to Acting 3 credit hours Introduction to Acting focuses on the beginning development of intuitive and creative performance technique primarily through daily exercises and improvisation. Exercises concentrate on centering, sensing, focusing, freeing, speaking, feeling, and doing. The goal is to create a strong ensemble that is fearless in an environment that is physically challenging to motivate breakthroughs in the actor\u2019s understanding of craft and performance. Offered fall 151, 152, 251, 252, 351, 352, 451, 452: Applied Voice 1 credit hour; one half-hour lesson each week Prerequisite Majors only or permission of instructor This course offers vocal training for musical theatre students in all styles of Broadway singing, including classical, pop-rock, mix, country, folk and belting. Students develop technique and learn repertoire with the goal of becoming marketable, professional and successful musical theatre artists. Offered fall and spring 167, 168, 267, 268, 367, 368, 467, 468: Musical Theatre Styles 1 credit hour Prerequisite majors only or permission of instructor Students learn how to perform in the dance styles of the most famous Broadway choreographers while developing and maintaining professional skills and proficiencies in jazz, tap, and ballet. Offered fall and spring. 156 | 2013-14 Academic Catalog 171,172,271,272: Applied Piano 1 credit hour; one half-hour lesson each week Prerequisite majors only or by permission of instructor; paired with Musicianship and Private instruction at the piano for musical theatre majors that is intended to develop the keyboard skills and music-reading ability needed to accompany musical theatre songs. Students will be assigned technical studies and repertoire based on ability. Offered fall and spring 175 (fall)/176 (spring): Musicianship 2 credit hours majors only or permission of the instructor; paired with 271/273: Applied Piano Musical theatre students learn music notation and music theory while concurrently developing aural skills related to sight singing, melodic dictation, and harmonic dictation so that they become self- sufficient musical theatre artists who can teach themselves music, rehearse independently and learn music quickly in rehearsals. Offered fall and spring 180: Music Appreciation 3 credit hours credit Music Appreciation is an introductory course designed to acquaint the student with music as an important element of Western culture, and to increase the student\u2019s capacity for listening to music intelligently. Offered fall of odd-numbered years 212: Acting II: Studio Voice for the Actor 3 credit hours Prerequisite: \u201cC\u201d or better in 112 An approach to voice for the actor designed to liberate the natural, authentic voice and thereby develop a vocal technique that serves the freedom of human expression and artistic creativity on the stage and in film and television. Offered spring 248: Stagecraft 3 credit hours Prerequisite: permission of instructor; extra costs for purchase protective gear. An introductory course in the craft of production for the theatre including: developing skills in scene painting, carpentry, working with power tools, hanging and focusing lights, writing light cues, safety, managing rehearsals, managing costumes, writing rehearsal reports, use and disposal of hazardous materials, sound design, properties, show running, special effects, stage management, crew work, and more. Offered fall 270: Design 3 credit hours Prerequisites: \u201cC\u201d or better in 248; extra costs for purchase of art supplies Corequisite: permission of professor for non-majors This course will introduce the student to the technical aspects of theatre and teach the student how design is a fundamental \u201ccharacter\u201d in any play. Students will be able to execute well-conceived aspects of design related to lighting, scenic, makeup, and costume design. Class features 12 hours of laboratory participation. Offered spring of even-numbered years. 157 | 2013-14 Academic Catalog 275 (fall)/276 (spring): Musicianship 2 credit hours Prerequisite majors only or permission of instructor; paired with Applied Piano This course is a continuation of skill development from 175/176 with emphasis on the analysis of musical theatre repertoire. Musical theatre students learn music notation and music theory while concurrently developing aural skills including: sight singing, melodic dictation, and harmonic dictation. Students become self-sufficient musical theatre artists who can teach themselves music, rehearse independently and learn music quickly in rehearsals. Offered fall and spring 295/395/495: Special Topics in Theatre 1-3 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of faculty members. Offered as needed 312: Acting III: Acting and Script Analysis 3 credit hours Prerequisite: \u201cC\u201d or better in 212 Script analysis for actors is not a literary or academic exercise, but instead the road map for an actor\u2019s choices. Students hone the skills of thoughtful preparation that will allow them to play truthfully and impulsively under the given circumstances. Script analysis helps actors make clear and confident choices so that they can take creative risks and perform in bold and deep ways that connect to the audience. Offered every fall 322: Shakespeare 3 credit hours Prerequisite: a 200-level literature course study of nine Shakespeare plays, including at least one from each of the main genres\u2013history, comedy, tragedy and romance. Offered fall of odd-numbered years 325: Women on Stage 3 credit hours Prerequisite: a 200-level literature course The lines between queens and \u201cqueans\u201d (Renaissance slang for prostitutes), actresses and courtesans, singers and scandal makers has always disturbed the (mostly male) writers and lawmakers attempting to regulate the spectacle of a woman displaying herself in public during the seventeenth and eighteenth centuries. Examining plays and other texts from the time when boys took female roles through the introduction of the actress to the public theatres, this course will interrogate the social, political, artistic, and moral implications of women on stage. Offered spring of odd-numbered years 332: Comic Improvisation 3 credit hours Prerequisite: \u201cC\u201d or better in 212 or permission of instructor; junior status Theory and practice of improvisational theatre techniques required for Theatre majors but suitable for any student as an elective. This course teaches students how to create humorous yet believable characters and short theatrical scenes by emphasizing such skills as mime, narrative pacing, comic timing, and teamwork. This course also emphasizes the application of improvisation techniques to 158 | 2013-14 Academic Catalog such real-world settings as public speaking, workplace presentations, and interviews. Offered spring of even-numbered years 338: Costume and Makeup 3 credit hours Prerequisite: \u201cC\u201d or better in 248; extra costs for purchase of supplies Students learn the principles and practices of costume design and develop techniques in the design and application of makeup for stage, television and film. Because actors are usually responsible for their own stage makeup this course would provide a strong foundation for future professional work.. Students will create costume designs from an assigned script(s) and makeup designs based on scripts of their own choosing. Offered fall of odd-numbered years 345: Stage Combat 3 credit hours Prerequisite: \u201cC\u201d or better in 212; permission of department chair; waiver required Learn to safely perform staged scenes of armed and unarmed conflict and violence in this extremely physical class. Techniques focus on safety, precision, and acting choices relating to fight scenes and include performing techniques as falling, rolling, punching, kicking, swordplay, and blocking, incorporating non-contact and contact techniques. Students will perform a fight scene from a classical or contemporary script, and may elect to have their scene adjudicated by a Fight Master with the Society of American Fight Directors (additional fees may apply for testing). Offered spring of odd-numbered years 370: Design 3 credit hours Prerequisites: \u201cC\u201d or better in 248; extra costs for purchase of art supplies This course explores the fundamentals of theatrical scenic design. Students learn to implement a well- conceived design based on play analysis and critique; historical and conceptual research; correct material selection; and drawing, drafting and rendering techniques. Class requires 12 hours of laboratory participation. Offered spring of odd-numbered years 385: History of Musical Theatre 3 credit hours In 1927, Showboat inaugurated the uniquely American art of musical theatre, which carefully integrated plot and character development with music, song, and dance. This course provides an in-depth study of the history and repertoire of musical theatre from its origins to the present day; important musical theatre artists, including George and Ira Gershwin, Jerome Kern, Cole Porter, Richard Rogers, Oscar Hammerstein II, and Stephen Sondheim, will also be considered. Offered spring of even-numbered years 390: Theatre History 3 credit hours Theatre history examines the origins of theatre, the ways historians reconstruct the elements of theatre, and innovations in theatre practice through time. The first part of theatre history will survey ancient Greek and Roman theatre and European theatre from the Middle Ages through the mid- seventeenth century. Representative plays from each era will be studied as well. Offered fall of even- numbered years. 159 | 2013-14 Academic Catalog 391: Theatre History 3 credit hours Theatre history examines the origins of theatre, the ways historians reconstruct the elements of theatre, and innovations in theatre practice through time. The second part of theatre history will survey French Neoclassical and English Restoration theatre through the twentieth century. Representative plays from each era will be studied as well. Offered spring of odd-numbered years 412: Acting IV: Audition Techniques and the Business of Acting 3 credit hours Prerequisite: \u201cC\u201d or better in 312 Preparation and practical experience in auditioning for professional theatre, film, and television. Students gain an understanding of the audition process and equip themselves with audition materials and techniques. The course culminates with an evaluation by casting professionals. Offered spring 490: Theatre Internship 3 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The internship is designed to give the student work experience that is as close to actual employment as possible. Any student who has not completed his/her internship learning agreement by the last day to drop will be assigned a \u201cW\u201d for the internship experience for that semester. Offered fall and spring 492: Directed Study 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 200: Introduction to Women\u2019s Studies 3 credit hours credit This course will explore women\u2019s status worldwide key area of focus is to understand the impact of gender inequality. Gender inequality is still quite profound and has enormous implications for women everywhere. This course will explore how gender inequality arises from traditional cultural practices\u2014 practices that have been embedded in social, economic, political, and legal systems and require targeted activism to change. The course will also examine intersections between gender and other variables such as race, class, and sexual orientation. The course will draw on research and theory from psychology, sociology, anthropology, economics, religion, political science, medicine, literature, public health, history, philosophy, and law. Offered in fall. 160 | 2013-14 Academic Catalog 295/395/495: Special Topics 1-4 credit hours Prerequisite: Permission of the instructor course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492: Directed Study 2-4 credit hours Prerequisite: junior or senior status and permission of the instructor course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 161 Directory | 2013-14 Academic Catalog Laurie Albert (2010) Vice President for Strategic Initiatives B.S.B.A., M.S., George Washington University Corinne Andersen (2004) Associate Professor of English; Honors Program Coordinator B.A., Indiana University; M.A., Ph.D., University of Illinois, Champaign-Urbana John Anspach (2005) Public Safety Officer Jennifer Avery (2013) Visiting Assistant Professor of Theatre/Musical Theatre School of the Arts; M.F.A., University of North Carolina at Greensboro James Ballentine (2004) Office Services/Mailroom Catherine H. Banks (1994) Associate Professor of Chemistry B.A., Wittenberg University; Ph.D., Vanderbilt University; Postdoctoral work, Texas University Michael Bazemore (2012) Visiting Assistant Professor of History B.A., Christopher Newport University; M.A., North Carolina State University Lisa A. Bonner (1988) Professor of Biology;Department Chair A.S., with honors, Motlow State Community College; B.S., M.S., magna cum laude, Middle Tennessee State University; Ph.D., magna cum laude, Mississippi State University Kenneth Branch (2013) Associate Professor of Education; Department Chair B.A., University of North Carolina; M.Ed., Ed.D., North Carolina State University Marquita Brazier (2013) Admissions Telecounselor and Event Coordinator B.S., University of North Carolina at Pembroke Sally B. Buckner (1970) Professor Emerita of English A.B., magna cum laude, University of North Carolina at Greensboro; M.A., North Carolina State University; Ph.D., The University of North Carolina at Chapel Hill Anna Burrelli (2011) Admissions Counselor B.A., Florida Gulf Coast University Ivan Butler Public Safety Officer Whitney Jenkins Cain (1996) Associate Professor of Psychology B.A., University of the South; M.A., Boston University; Ph.D., North Carolina State University Robert Lee Carter (2007) Assistant Professor of Religion; Chaplain B.A., Furman University, M.Div. and Th.M. Southeastern Baptist Theological Seminary; Ph.D., The University of North Carolina at Chapel Hill 162 Directory | 2013-14 Academic Catalog Susan Childs (2002) Controller B.S., University of North Carolina at Wilmington; M.S. University of North Carolina at Wilmington; Certified Public Accountant Roger Christman (2000) Associate Professor of Communication; Simulation and Game Design Department Chair B.A., State University of New York at Stony Brook; M.Ed., University of Louisville Joann Clark (2008) Faculty Assistant for Academic Affairs Carmela Cohen-Perry (2013) Assistant Director of Financial Aid B.S., St. Augustine\u2019s College; M.B.A, Strayer University John Cranham (2011) Associate Vice President for Buildings and Grounds Kevin Daniels (2009) Assistant Director of Athletics, Head Volleyball Coach B.S., Mount Olive College; M.A., Liberty University Duane (Duke) Davis (Sodexo) Director Food Services Nicole Davis (2012) Counselor, Health Services B.A., Meredith College; M.A., Liberty University Licensed Professional Counselor Associate Ryan W. Davis (2012) Director of Residential Life and Housing B.A., McMurry University; M.A., Hardin Simmons University Dawn Dillon \u201986 (1999) Director of Advising and Learning Services A.A., Peace College; B.A., North Carolina State University; M.Ed., University of South Carolina at Columbia Charlie Dobbins (1999) Head Softball Coach B.A., Roger Williams University Carrie Draper (2012) Executive Administrative Assistant for Communications and Social Media Marketing B.S.; Radford University Jason Dula (2011) Assistant Professor of Musical Theatre B.A., N.C. School of the Arts; M.S. Ed., The City College of New York Charles Duncan (1998) Associate Dean of Academic Affairs; Professor of English B.A., M.A., University of South Florida; Ph.D., Florida State University Ian Dunne (2013) Digital Communications Coordinator, Communications and Social Media Marketing B.A., North Carolina State University Chris Duty (2012) Head Men\u2019s Baseball Coach B.S., North Carolina State University Barbara Efird (1996) Director of Career Services B.S., Canisius College; M.Ed., North Carolina State University Darrell Evans (2004) Public Safety Officer Rashida Felder (2011) Library Assistant B.A., University of Alabama; M.L.S., Queens College 163 Directory | 2013-14 Academic Catalog Linda Ferreri (1996) Lecturer in Business Administration A.B., Duke University; M.B.A., Ph.D., Case Western Reserve University Nicole Fleming \u201809 (2009) Senior Enrollment Operations Coordinator, Admissions B.A., Peace College; M.P.A., East Carolina State University Richard Forbes (2011) Help Desk, Information Services CompTIA A+, CompTIA Network+, Microsoft Certified Professional, Microsoft Certified Technology Specialist Josh Frank (2011) Network Administrator, Information Services B.S., Virginia Military Institute Maria Geddis (2005) Database Manager, Information Services South Florida Community College, Avon Park Lauren Gerber (2006) Director of Advancement Services & Communications, Office of Engagement A.A.S., State University of New York, College of Technology, at Alfred; B.S., State University of New York at Brockport Brittany Gilliam (2012) Admissions Counselor B.A., University of South Carolina; M.Ed., North Carolina State University Vera Goode (2013) University Receptionist Larry Griffin (1985) Assistant Controller B.S., North Carolina State University; Certified Public Accountant Valerie Gordon Hall (1989) Professor Emerita of History B.A., M.A., Aberdeen University; M.A., The University of North Carolina at Chapel Hill; Ph.D., University of London Lincoln Hancock (2011) Assistant Professor of Art and Design B.A., Guilford College; M.G.D., North Carolina State University Sarah Heenan (2008/2013) Director of Student Activities B.A., Peace College; M.A., Appalachian State University Nathan Hellmers (2011) Director of the Library B.A., University of Alabama at Birmingham; M.A., University of Wyoming; M.L.S., Indiana University Michelle Hemmer (2012) Assistant Director, Financial Aid B.S., Barton College Daisy Hicks (2012) Public Safety Officer Zane Hill (2012) Head Men\u2019s Soccer Coach B.A., University of Virginia; M.A., Marymount University Carol Hiscoe (1992) Associate Professor of English; Department Chair B.A., M.A., North Carolina State University; Ph.D., Duke University Teresa L. Holder (1998) Associate Dean of Academic Affairs; Professor of Communications B.A., Tennessee Temple University; M.A., Indiana State University; Ph.D., Ohio University Andrew Holmes (2012) Bookstore Manager (Follett) 164 Directory | 2013-14 Academic Catalog Lauren Holmes (2000) Human Resources Coordinator/Payroll Kathy Jacobs \u201879 (2009) Head Tennis Coach A.A. Peace College; B.S., M.A.; The University of North Carolina at Chapel Hill Keith Jenkins (2010) Head Women\u2019s Soccer Coach B.S., Western Carolina University; MPRTM, North Carolina State University Diane Jensen (1998) Librarian B.A., Towson State University; M.A., University of Maryland; M.L.S., North Carolina Central University Timothy Jessup (2004) Assistant Director, Public Safety A.S., Americus University Ebrima Jobe (2001) Public Safety Officer Robin Johannesen (2012) Executive Administrative Assistant for Engagement Michael John (2008) Director of Public Safety B.A., Lehman College Kelly Johnson (2004) Director of Athletics, Head Coach Women\u2019s Basketball B.S., M.Ed., East Carolina University Gary Jones (2008) Student Accounts Manager A.A., Wake Technical Community College; B.A., Norwich University Tommie R. Jones, Jr. (2012) Public Safety Officer Korrel W. Kanoy (1981) Professor Emerita of Psychology B.A., summa cum laude, University of Richmond; M.A., Ph.D., University of Tennessee at Knoxville Sheri Keasler (2011) Office Manager for Student Services Amber Kimball (2010) Assistant Vice President for Human Resources B.A., The University of North Carolina at Chapel Hill Lara Lee King (2007) Director of Student Leadership and Service B.A., Peace College Paul King (1971) Library Assistant B.A., M.L.S., The University of North Carolina at Chapel Hill Beth Kusko (2013) Visiting Assistant Professor of Political Science/Pre-Law B.A., Shippensburg University; M.A., Miami University; D.A., Idaho State University Sue Lambert (1992) Accountant, Accounts Payable B.S., Meredith College Eliza Laskowski (2008) Visiting Assistant Professor in English B.A., Phi Beta Kappa and magna cum laude, The University of the South (Sewanee), M.A., The University of Alabama at Tuscaloosa; Ph.D., The University of North Carolina at Chapel Hill Rebecca Leggett (1984) Director of Visitor Services B.A., cum laude, Gardner-Webb University; graduate study; University of North Carolina at Greensboro Michelle Logan (2012) Library Assistant 165 Directory | 2013-14 Academic Catalog B.A., M.L.I.S., Certificate of Advanced Studies, Syracuse University Patricia Lukaszewski (2011) Executive Secretary to the President A.A., Wake Technical Community College; B.S.B.A., North Carolina Wesleyan College William McCloud (2010) Systems Administrator, Information Services Computer Learning Center certificate in Computer Electronic Technology (Information Technology Infrastructure Library) and (Cisco Certified Professor) Level certified technical training Scott McElreath (2001) Associate Professor of Philosophy; Liberal Studies Department Chair B.A., University of Maryland at College Park; M.A., University of Maryland at College Park, M.A., University of Rochester, Ph.D., University of Rochester David McLennan (1995) Professor of Communication and Political Science/Pre-Law; Political Science/Pre-Law Department Chair B.A., M.A., University of Virginia; Ph.D., University of Texas at Austin Reese Marsalis (2011) University Receptionist Kayce Meginnis-Payne (2000) Associate Professor of Psychology; Department Chair B.A., The University of North Carolina at Chapel Hill; Ph.D., University of Tennessee Vincent Melomo (2001) Associate Professor of Anthropology B.A., Honors, Adelphi University; M.A., Ph.D., Binghamton University (SUNY) Kathleen Monroe (2011) Assistant Director of Career Services M.Ed., University of North Carolina \u2013 Greensboro Patrick Myer (1994) Associate Professor of Biology B.S. cum laude, University of North Carolina at Wilmington; M.S., Louisiana State University; Ph.D., University of Tennessee Wade Newhouse (2006) Associate Professor of English B.A., The University of North Carolina at Chapel Hill; M.A., North Carolina State University; Ph.D., Boston University Jerry Nuesell (2008) Dean of Academic Services B.A., New York University, M.S., Fordham University; Ph.D., City University of New York Carolyn Nye (2000-06, 2011) Assistant Professor of Business Administration; Department Chair Ph.D., University of South Carolina Lynn Owens (2008) Associate Professor of Communication; Department Chair B. A., University of Pennsylvania; M.S.J., Northwestern University; Ph.D., University of North Carolina, Chapel Hill. Bashshar M. Parker (2011) Public Safety Officer Ronnie Parker (2013) Groundskeeper Randy Parham (2013) Public Safety Officer Emilie Patton de Luca (1974) Professor Emerita of French A.B., M.A.T., Ph.D., The University of North Carolina at Chapel Hill; Further study, Sorbonne, Ecole du Louvre, Institute Britannique, Paris, France; Universita Italiana per Stranieri, Perugia, Italy 166 Directory | 2013-14 Academic Catalog Linda Paulhus (2013) Student Accounts Coordinator B.S., Meredith College Jenny Peacock (2004) Associate Director of Admissions B.A., Peace College Debbie Potter (2012) Director of Health Services A.D.N., University of South Carolina Imran Ramnarine (2001) Public Safety Officer Julie Ricciardi (2008) Vice President for Engagement B.A., Purdue University Emily Richardson (2011) Human Resources Generalist B.A., State University of New York College at Brockport; M.B.A., Rochester Institute of Technology Kevin Rist (2013) Admissions Counselor B.S., University of Pennsylvania Archie L. Ritchie (1968) Professor Emeritus of Mathematics B.S., M.A., Appalachian State University; Further study: University of Florida; North Carolina State University; Vanderbilt University Frank P. Rizzo (2012) Vice President for Student Services B.S., Fordham University; M.Ed., Fordham University J. Adair Robertson (1982) Associate Professor of Mathematics B.S., magna cum laude, Pembroke State University; M.S., North Carolina State University; Further study, North Carolina State University Iesha Rogers (2013) Admissions Telecounselor B.A., Fayetteville State University; M.S., Strayer University Justin G. Roy (2010) Vice President for Communications and Social Media Marketing B.A., Assumption College Frank Saraceno (2012) Public Safety Officer Lyndee Sargent (2008) Athletic Trainer B.S., Liberty University JoAnn Sauls Registrar Coordinator Claude Shields (2011) Head Men's Basketball and Men's Golf Coach B.A., The University of North Carolina at Chapel Hill Anne Smithson (2010) Doctor B.A., B.S., The University of North Carolina at Chapel Hill; M.D., University of Virginia Bes Stark Spangler (1982) Professor Emerita of English B.A., cum laude, Atlantic Christian College; M.A.T., Duke University; Ph.D., The University of North Carolina at Chapel Hill Luke Sweeney (2011) Admissions Counselor B.A., St. Andrews University Elizabeth Talley Director of Tutorial Services B.A., University of North Carolina at Greensboro; M.Ed., North Carolina State University Dr. Vanessa Tinsley (2012) Director of Institutional Research B.A., M.A., cum laude, Case Western Reserve University; Ph.D., Duke University 167 Directory | 2013-14 Academic Catalog Dr. Debra M. Townsley (2010) President A.A., Northern Virginia Community College; B.S.B.A., American University; M.B.A., George Washington University; M.A., University of Vermont; Ph.D., University of Vermont Carlos Triana (2011) Maintenance Technician Alison Trinkle (2010) Executive Administrative Assistant for Academic Affairs B.S., M.L.A., Texas Christian University Laura Greer Vick (1990) Professor Emerita of Anthropology B.A., M.A., Ph.D., The University of North Carolina at Chapel Hill; A.A., magna cum laude, Louisburg College; A.B., M.A., magna cum laude, D.Ed., North Carolina State University; further study, The University of North Carolina at Chapel Hill, University of New Hampshire, Duke University Carolann Wade (2006) Instructor of Education Wake County Public School System Liaison for Teacher Education B.S., Barton College; M.Ed., East Carolina University; M.Ed., North Carolina State University Liz Webber (2013) Admissions Telecounselor B.A., Austin College Patricia L. Weigant (1986) Associate Professor of Biology; Department Chair B.S., M.S., Oklahoma State University; Ph.D., The University of North Carolina at Chapel Hill Nancy Welch (2012) Registrar B.A., Middlebury College Janet Leonard Wester (1971) Professor Emerita of English Charles Williams (2001) Public Safety Officer Rodney Williams Head Men\u2019s and Women\u2019s Cross Country Coach Betty S. Witcher (1999) Associate Professor of Psychology B.A., magna cum laude, Texas University; M.A., Ph.D., The University of North Carolina at Chapel Hill Rocky Yearwood (2011) Vice President for Administration and Chief Financial Officer B.A., University of Central Florida; M.B.A, St. Leo University; Certified Public Accountant 168 2013-2014 | 2013-14 Academic Catalog 2013-2014 August 9 Resident Assistants Return 13 Peer Mentors and Students Athletes Return 15 New Faculty Orientation 16 SGA, Cheerleaders, and William University Singers Return 16 Faculty Opening with President\u2019s Reception 17 New Student Move in and Orientation 17 Session Summer School ends 18 Returning student move in (afternoon) 19 Classes begin 20 Academic Convocation 23 Last day to add/drop courses by 5:00 p.m. September 2 Labor Day Holiday (No classes; offices closed) 27 Deadline for changes to Incomplete Grades from spring semester October 11 Mid-term reports due to Office of Academic Services 11 Residence halls close 6:00 p.m. 14-15 Fall Break 14 Columbus Day Holiday (No classes; offices closed) 15 Residence halls open 3:00 p.m. 15 Application deadlines for December graduates 16 Advising for spring semester begins 18 Last day to withdraw and receive a \u201cW\u201d by 5:00 p.m. November 4 Residence halls open 3:00 p.m. 26 Residence halls close 6:00 p.m. 27 Thanksgiving Holiday (No classes; offices close at noon) 28-29 Thanksgiving Holidays (No classes; offices closed) December 1 Residence halls open 3 Last day of classes 4 Reading Day 5-11 Exams 11 End of Semester 16 Fall grades due 24-25 Christmas holiday, offices closed 31 New Year holiday, offices closed January 1 New Year holiday, offices closed 3 New Student Orientation 3 New Faculty Orientation 5 New and returning student move-in day, beginning at noon 6 Classes begin 10 Last day to add/drop by 5:00 p.m. 169 2013-2014 | 2013-14 Academic Catalog 20 Holiday (No classes; offices closed) February 14 Spring Graduation Application Deadline 14 Deadlines for changes to incomplete grades from fall 28 Mid-term reports due to the Office of Academic Services March 5 Advising for fall semester begins 14 Last day to withdraw and receive a \u201cW\u201d by 5:00 p.m. 17-21 Spring Break (No classes) 31 Pre-registration for fall semester begins April 10 Student Showcase (No classes) 18 Good Friday Holiday (No classes; offices closed) 23 Last day of classes 24 Reading Day 25-30 Exams 30 Senior Grades Due May 1 Last day of exams 2 Baccalaureate 3 Commencement 6 All grades due 26 Memorial Day Holiday (No classes; offices closed) June 15 Application deadline for summer graduation 170 | 2013-14 Academic Catalog Academic Advising, 60 AWARDS, 70 CALENDAR, 169 Academic Dismissal, 58 Academic Honor Societies, 67 INFORMATION, 49 Academic Integrity Policy, 49 Academic Probation, 56 Academic Suspension, 57 ACCREDITATION, 12 ADMISSIONS, 16 Advanced Placement (AP), 26 ANTHROPOLOGY, 78 Application Process, 19 Applications First-Year Student Admission, 19 International Students, 21 APPLICATIONS, 18 Areas of Study ANTHROPOLOGY, 78 BIOLOGY, 79 ADMINISTRATION, 82 CHEMISTRY, 84 COMMUNICATION, 84 JUSTICE, 85 EDUCATION, 87 ENGLISH, 89 HISTORY, 90 STUDIES, 91 THEATRE, 100 PHILOSOPHY, 137 SCIENCE/PRE-LAW, 93 PSYCHOLOGY, 95 RELIGION, 97 DESIGN, 98 THEATRE, 99 STUDIES, 101 Assessment of the Educational Experience, 16 Athletics, 14 BIOLOGY, 79 Bookstore, 60 ADMINISTRATION, 82 Career Services, 61 Chaplaincy, 61 CHEMISTRY, 84 Class Attendance and Conduct, 55 College Level Examination Placement (CLEP), 24 Commencement, 59 COMMUNICATION, 84 Community Service or Service Learning, 68 Continuous Enrollment Policy, 56 Cooperating Raleigh Colleges (CRC), 68 Counseling Services, 61 Course Audit Policy, 53 LISTING, 103 Course Repeat Policy, 54 PROGRAMS, 76 Credit Transferrable to Peace, 53 JUSTICE, 85 Cumulative Requirement, 56 REQUIREMENT, 40 LIST, 53 Degree Requirements, 58 OFFERED, 12 DEPOSITS, 29 Developmental Instruction, 61 DIRECTORY, 162 Drop/Add Policy, 53 Drug Free Campus, 16 PROGRAM, 28 EDUCATION, 87 E-Mail Accounts, 62 ENGLISH, 89 LEARNING, 24 FACULTY, 12 Federal Grants and Loans, 36 FEES, 30 Financial Aid Application Process, 33 Financial Aid Award, 33 PROCEDURES, 33 REGULATIONS, 39 INFORMATION, 29 Finch Library, 62 Fine Arts, 13 General Education Transfer Core, 23 Grade Appeal Policy, 54 SYSTEM, 51 GRADUATION, 58 Health Services, 62 HISTORY, 90 Honors, 36, 52, 53, 65, 97, 107, 126, 133, 145, 150 Honors Program, 53, 65 PROGRAM, 91 STUDENTS, 31 INDEX, 171 Information Technologies Policy, 62 Information Technology Resources, 62 International Baccalaureate (IB, 26 International Study, 66 Internships, 65 VISITS, 17 Learning Services, 64 REQUIREMENTS, 73 STUDIES, 91 PROGRESS, 56 Master\u2019s Level Articulation Agreements, 70 Mathematics, 135 RECORDS, 29 171 | 2013-14 Academic Catalog WITHDRAWAL, 48 PRESIDENT, 2 Military Science, 69 MISSION, 12 THEATRE, 100 DEPOSIT, 31 Nondiscrimination, 15 Other Fees, 31 SCHOLARSHIPS, 36 PacerAlert, 15 PLANS, 30 SCHEDULES, 30 Philosophy, 137 EDUCATION, 137 PHYSICS, 138 SCIENCE/PRE-LAW, 93 SEMINARS, 92 PSYCHOLOGY, 95 EXPERIENCE, 93, 95 STUDENTS, 28 RELIGION, 97 Religious Holidays, 15 Requesting an Incomplete, 55 ROTC, 69 School of Professional Studies, 69 LOAD, 50 Sexual Harassment, 15 DESIGN, 98 SPANISH, 154 Spiritual Development, 13 State Scholarships or Grants, 38 Statement of Student Financial Responsibility, 32 Student Activities, 13 INSURANCE, 31 Student Publications, 68 DISABILITIES, 28 Summer School, 70 Table of Contents, 4 THEATRE, 99 TRANSCRIPTS, 30 AGREEMENTS, 22 DEDUCTIONS, 32 Tuition Insurance Refund Plan, 33 2013-14, 29 HISTORY, 14 CODE, 49 Use of Directory Information, 16 Violation of Computer System Security, 63 SERVICES, 13 William Peace University Scholarships and Grants, 34 Withdrawal from a Course, 55 Withdrawal from the University, 56 UNIVERSITY, 41 STUDIES, 101", "8351_102.pdf": "Academic Catalog 2012 - 2013 This Catalog provides information about the programs at William Peace University and does not constitute a contract with students. 15 East Peace Street, Raleigh, North Carolina 27604 919-508-2000 William Peace University does not discriminate in its recruitment and admission of students, regardless of gender, race, creed, color, religion, age, national and ethnic origin, sexual orientation, disability, or veteran status. William Peace University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award baccalaureate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of William Peace University The University reserves the right to make any necessary changes governing admissions, the calendar, regulations, student charges, courses of instruction, or granting of degrees announced in this catalog. Any changes will take effect whenever University officials deem necessary. It is the responsibility of the student to see that all the degree requirements are met for graduation from Peace and/or transfer to other institutions. 2 Dear Stud William tomorrow curriculum students Always a developm of progra courses th and four y This catal your life a Not all les experienc offers mo active fine Athletic scheduled You will b beginning and athle center an updated d As a stude More than graduatio in a job of Our outco are detail to helping Debra dent, eace Univers w and has don m focused on a foundation leader in job ment program m-specific co hat are critica years of writi og represent after William ssons are tau ce through cl ore than 30 st e arts progra Conference in d for addition begin to notic g of our cam etic space and d weight roo dining hall, c ent, you ente n 90% of our on and more ffer. omes are clos ed in this cat g you grow a Townsley, Ph sity is commit ne so for mor n career build n for ethical li s or graduate m as well as a ourses, and e al for your fut ng taught by ts a roadmap Peace Univer ght within a ubs, the arts, tudent clubs a ms. Our athle n six women\u2019s n in the 2013 ce some of ou pus renovatio d to include a om. Plans for offee bar, stu er a commun graduates fin than 60% of sely linked to talog. At Willi and succeed a h tted to prepa re than 150 y ding and pers ves of leader e school for g n expanded lective cours ture, includin y English facu p for you and rsity. classroom , student gov and organiza etics program s sports and t -2014 Acade ur building re ons, starting a field house f the Student udent game a ity of gradua nd careers or students rep o our program am Peace Un as you embar 3 aring student years. Rooted sonal discove rship and serv graduates, Pe internship pr es offering a ng personal fi ulty. your advisor We encourage vernment, ath ations, includ m participates three men\u2019s s mic year. enovations o with the Her for spring tra Center renov and lounge s tes past and r admission in ported that th mming and th niversity, your rk on your ed ts to be the le d in a liberal a ery, Peace giv vice. eace now offe rogram. Our c diverse learn inancial man s and campu e students to hletics, and/o ding publicati s in Di sports with tw n campus. In rmann Cente aining and int vations are no pace and stu present inclu nto graduate heir internshi he building b r success is ou ducational jou eaders of arts ves its ers a four-yea core curriculu ning experien agement, pu us mentors as o enrich their or communit ions, academ vision in th wo more me n January, we r to allow for tramural spo ow underway udent govern uding more t e school withi p experience blocks of a ful ur mission and urney. ar professiona um is compri nce and inclu ublic speaking s you build to r university y service. Pea mic societies a he South n\u2019s sports announced more wellne orts and a fitn y to offer an ment offices than 8,000 alu in a year of e at resu lfilling educa d we look for al ised udes g, oward ace and h the ess ess . umni. ulted tion rward 4 Table of Contents .......................................................................................................................................................................... 9 .......................................................................................................................................................................... 9 .............................................................................................................................................. 9 ............................................................................................................................................................... 9 ................................................................................................................................................................................... 9 .................................................................................................................................................................... 9 ......................................................................................................................................................... 10 ..................................................................................................... 10 .............................................................................................................................................................................. 10 ......................................................................................................................................................... 11 .............................................................................................................................................. 11 ....................................................................................................................................................................... 11 ....................................................................................................................... 11 ....................................................................................................................................................................... 12 ..................................................................................................................................... 13 ........................................................................................................................................................ 13 Nondiscrimination Policy ........................................................................................................................................... 13 Observance of Religious Holidays ........................................................................................................................... 13 Sexual Harassment Policy .......................................................................................................................................... 14 Weather ............................................................................................................................................................................ 14 Drug Free Campus ........................................................................................................................................................ 14 ................................................................................................................... 14 ............................................................................................................................................ 14 Applications .................................................................................................................................................................... 15 Interviews and Campus Visits ................................................................................................................................... 15 Admissions at a Glance ............................................................................................................................................... 16 First-Year Student Admission ................................................................................................................................... 16 Early Admission after Junior Year ............................................................................................................................ 17 Transfer Students .......................................................................................................................................................... 17 International Students ................................................................................................................................................ 18 Readmission of Former Peace College/William Peace University Students ............................................ 19 ........................................................................................................................... 20 Dual Enrollment Program .......................................................................................................................................... 20 Pacer Track Program .................................................................................................................................................... 20 5 Students with Disabilities ........................................................................................................................................... 20 ................................................................................................................. 21 ............................................................................................................................. 21 .............................................................................................................................................. 21 Invest in Quality ............................................................................................................................................................. 21 Tuition, Room and Board for 2012-13 ................................................................................................................... 21 Commuter Student Expenses ................................................................................................................................... 22 Payment Schedules ...................................................................................................................................................... 22 Payment Plans ................................................................................................................................................................ 22 Purchasing Transcripts ................................................................................................................................................ 22 Special Fees ..................................................................................................................................................................... 22 Housing Deposit for Returning Students ............................................................................................................. 23 New Student Deposits ................................................................................................................................................ 23 Student Health Insurance .......................................................................................................................................... 24 ..................................................................................................................................................... 24 ..................................................................................................................................... 24 ....................................................................................................................................... 25 .................................................................. 26 ................................................................................................................................................ 28 ..................................................................................................................................... 29 ............................................................................................................................. 30 ........................................................................................................................................................ 31 .............................................................................................. 31 ....................................................................................................................................................... 31 ........................................................................................................... 31 ........................................................................................................................................................................... 34 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........................................................................................................................................................................ 54 .................................................................................................................. 54 How to Calculate your Grade Point Average (GPA) .......................................................................................... 55 Grade Reports and Transcripts ................................................................................................................................. 55 Latin Honors .................................................................................................................................................................... 55 Dean\u2019s List ........................................................................................................................................................................ 56 Cancellation of a Course by the University .......................................................................................................... 56 ................................................................................................................................................... 56 .................................................................... 56 .............................................................................................................................................. 56 ....................................................................................................... 56 ................................................................................................................................................. 57 ................................................................................................................................................... 57 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................................................................................................................................... 69 ....................................................................................................................................... 69 8 (CLEP) ................................................................................................ 70 ................................................................................................................... 71 (AP) ................. 72 (IB) ..................................................................................................................... 73 (DANTES) ...................................... 74 (ACE) ................................................................................................................. 74 ............................................................................................................................................ 74 (SPS) .................................................................................................................. 76 ........................................................................................... 76 ................................................................................................................................................ 77 .................................................................................. 81 .................................................................................................................................................................... 110 ................................................................................................................................................. 164 2012-2013 ................................................................................................................................. 170 9 William Peace University\u2019s mission is to prepare students for careers in the organizations of tomorrow. Rooted in the liberal arts tradition, the student develops an appreciation for life-long learning, a focus on meaningful careers, and skills for ethical citizenship William Peace University is a teaching institution where faculty research enhances the academic programs, often engages students, and adds to student learning. The educational objectives the Peace faculty have identified are designed to prepare students for life-long learning, meaningful careers, and ethical citizenship. The objectives are as follows: \uf0b7 Writing \u2013 Students will communicate professionally and effectively through proper conventions of writing. \uf0b7 Empirical Reasoning \u2013 Students will understand the process of knowledge building with an emphasis on how evidence is defined, gathered, analyzed, and interpreted. \uf0b7 Ethical Reasoning \u2013 Students will examine current and historical ethical topics as well as the use of their own value systems as ethical criteria. \uf0b7 Critical Thinking About Culture and Society \u2013 Students will identify the ways in which human cultures produce values, customs, and social identities. Students will evaluate these cultural expressions in regional, historical, or global contexts. \uf0b7 Professional Readiness \u2013 Students will develop practical competencies to enhance their professional lives. More details on these educational objectives are offered later in this Catalog The University offers the Bachelor of Arts degrees in biology, communication, education, English, liberal studies, political science, pre-law, psychology, simulation and game design, and theatre. Additionally, Bachelor of Science degrees are offered in biology, and business administration, and a Bachelor of Fine Arts degree in musical theatre The University faculty offers individual attention to students, while serving as role models and mentors. More than 80% of the full-time faculty members hold doctoral or terminal degrees in their disciplines. As an institution with a primary focus on teaching, faculty members, not graduate assistants, teach all classes. The faculty are dedicated to developing each student. The student to faculty ratio is 14:1 William Peace University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award baccalaureate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of William Peace University. Peace also has membership in: \uf0b7 Association of Governing Boards (AGB) 10 \uf0b7 Association of Presbyterian Colleges and Universities (APCU) \uf0b7 Chamber of Commerce of Raleigh \uf0b7 Cooperating Raleigh Colleges Consortium (CRC) \uf0b7 Council for Advancement and Support of Education (CASE) \uf0b7 Council for Independent Colleges (CIC) \uf0b7 Downtown Raleigh Alliance (DRA) \uf0b7 Independent Collegiate Enterprise (ICE) \uf0b7 National Association of Independent Colleges and Universities (NAICU) \uf0b7 National Collegiate Athletic Association (NCAA) \uf0b7 North Carolina Independent Colleges and Universities William Peace University offers a variety of special programs that contribute to a student\u2019s overall academic experience. \uf0b7 Professional, course-related internships are required for students in all baccalaureate majors. \uf0b7 Peace students are required to take four years of writing and to participate in a four-year professional development portfolio seminar series. \uf0b7 The Career Services Office provides career counseling, listings of internship options, workshops, and a resource library. William Peace University students have access to courses, library facilities, and on-line databases of other Raleigh colleges and universities through the Cooperating Raleigh Colleges (CRC) consortium. \uf0b7 International study programs are available in several parts of the world, and opportunities are available annually in a variety of other locations for short-term work or internships or for a semester abroad special program for honors student scholars is available William Peace University has developed articulation agreements with a variety of master\u2019s programs. These articulation agreements provide many benefits to Peace students including visits to the Peace campus by representatives of the programs and an early decision on the application. The University has an articulation agreement with the Graduate School (more than 160 graduate and Ph.D. programs) and with some individual departments at NCSU. Peace has two agreements with UNC- Chapel Hill, one with the School of Education Master of Arts in Teaching program, which gives students access to a 15-month program that will enable them to meet licensure requirements to teach all subjects at the secondary level. Peace also has an agreement with the UNC-Chapel Hill Department of Allied Health Sciences, which offers degrees in speech-language pathology, occupational therapy, rehabilitation counseling, audiology, and physical therapy. William Peace University and have an agreement that provides Master of Arts in Teaching options in elementary, secondary and special education Celebrating music of all genres is key when it comes to the William Peace University Singers. With glee club ties dating back to the late 1800\u2019s remains dedicated to entertaining audiences with a vast repertoire including pop, classical, contemporary, country, swing, patriotic, Broadway, gospel and jazz. This multi-talented troupe represents the brightest and best from a variety of majors across the University. Known for their \u201csinging team\u201d approach, they consistently showcase the musical talents 11 of the 15-30 vocalists through full ensemble selections, as well as small groups and solo presentations. Maintaining excellence on and off the stage, this active ensemble also serves as the official ambassadors of William Peace University, singing for community events alumni and across the state all the while connecting the University to alumni, friends and communities beyond North Carolina. Students also have an opportunity to participate in the theatre and musical theatre both on stage and behind the scenes. There are three to four productions each year and other opportunities, such as improvisational theatre William Peace University has more than 30 student-led groups with many opportunities for leadership. Spiritual life, sports, special interest and academic clubs, intercollegiate athletics and student government are among the areas sponsoring a variety of student activities. Each semester the Student Services department hosts an Involvement Fair for students to explore all of the clubs and organizations at William Peace University. Additionally, if a student would like to bring a new club or organization to campus or revive a club or organization from the past, they may see the Director of Student Activities for an application and sample constitution William Peace University is historically affiliated with the Presbyterian Church USA, especially through its ties with the First Presbyterian Church of Raleigh. However, the University is not sectarian, and students from many other religions attend Peace. Diversity in religious beliefs plays an important role in our campus community. Spiritual development is enhanced through weekly chapel services, by an on-campus chaplain, and by student-led religious organizations of interest Periodic and systematic evaluation of students at the university-wide level helps William Peace University determine how effectively we are meeting the academic and personal development needs of our students. In addition to using the results of such assessment to make appropriate changes in the curricular and student-support programs at Peace, the information is needed for the Southern Association of Colleges and Schools as part of our continuing accreditation by the Commission on Colleges. All Peace students will participate in this assessment process throughout their years at William Peace University. The different types of assessments focus on: general education knowledge and skills, writing skills, critical thinking, development and achievement of personal and academic goals while at William Peace University. We also conduct surveys about the facilities, programs and services offered by Peace. Scores on standardized tests used in the assessment work remain confidential and in no way affect student course grades. The results are used solely for examining programs and services offered by the University and to make improvements as deemed appropriate. Participating in the University\u2019s assessment program is a graduation requirement William Peace University is located in the heart of Raleigh, North Carolina. It was chartered in 1857 as Peace Institute, offering education for boys and girls in primary grades and to women from high school to college. 12 The school is named in honor of William Peace, a Raleigh businessman and church elder, who pledged $10,000 to the Rev. Joseph M. Atkinson in trust for the First Presbyterian Church. The gift was used to establish Peace Institute. The Civil War interrupted construction of the University\u2019s Main Building when the Confederate government used it as a military hospital. After the war, the federal government used the building as the North Carolina headquarters for the Freedmen\u2019s Bureau, which helped former slaves, establish new lives. Peace Institute opened in 1872, when the First Presbyterian Church regained ownership of the property and repaired the Main Building. R. Stanhope Pullen, a local businessman and philanthropist, who owned the eight acres of land the campus is built on, signed over ownership of the property to the Peace Institute in 1878. By 1940, Peace offered an academic program for young women that encompassed the last two years of high school and the first two years of college. During the 1960s and early 1970s, Peace College saw its greatest growth with the construction of 11 new buildings and many renovations to existing structures. Peace College transitioned into a four-year baccalaureate institution during the mid-1990s, awarding its first baccalaureate degree in 1996. Additionally, Peace began offering coeducational evening courses through the William Peace School of Professional Studies in 2009. In 2011, the Board of Trustees unanimously voted to transition Peace\u2019s day program to coeducational and to rename the college William Peace University. The University\u2019s first male students in the day program matriculated in the 2012-2013 academic year. William Peace University\u2019s mission is to prepare students for careers in the organizations of tomorrow. On average, more than 90 percent of the University\u2019s graduates are placed in jobs or graduate school within one year of graduation William Peace University maintains a vibrant, picturesque campus in the center of the busy capital city of Raleigh, North Carolina. It is located on 21-acres and features a mix of historic and contemporary facilities. The following are the major facilities on campus: \uf02d Main (1872, administrative offices, faculty offices and residence hall), which houses the Mary Howard Leggett Theatre and James Dinwiddie Chapel \uf02d William C. Pressly Arts and Science Building (1964, science labs, classrooms, visual arts, and labs) \uf02d Marian N. Finley Residence Hall (1964) \uf02d Mary Lore Flowe Building (2000, academic classrooms, labs, and faculty offices) \uf02d Browne-McPherson Fine Arts Center and Kenan Hall (1974, fine arts, academic classrooms, dance studio, and offices) \uf02d Lucy Cooper Finch Library (1969, renovated and expanded 2009) \uf02d S. David Frazier Hall (1928, Office of Admissions, Office of Financial Aid, and residence hall) \uf02d Irwin Belk Hall (1967, dining hall, bookstore, and Student Services Offices) 13 \uf02d Joyner House (Health Services) \uf02d Grover M. Hermann Athletic Center (1963, renovated and expanded 2012, gymnasium, locker rooms, weight and fitness rooms, and offices) \uf02d Ragland Tennis Courts \uf02d William G. Ross Residence Hall (1969, updated 2012) \uf02d James A. Davidson Residence Hall (1986, updated 2012) \uf02d Bingham Residence Hall (2005 William Peace University is located in the heart of downtown Raleigh, North Carolina. Raleigh is the capital of North Carolina and one of the fastest growing cities in the southeast. The city has received many accolades including one of the best cities for young professionals to work, for students to attend college, for people to attend cultural events, and to live (just to name a few). Students have access to the North Carolina Museums of History, Natural Science and Art; the Progress Energy Performing Arts Center; the Raleigh Amphitheater; and the Convention Center. The North Carolina State Capital, Legislative Buildings, and Governor\u2019s Mansion are all within walking distance. Restaurants and retail abound. Many concerts and events are available throughout the year downtown. Students can walk to most of the venues noted above or take the \u201cR-Line\u201d bus which stops in front of the campus and is free Nondiscrimination Policy William Peace University does not discriminate in its recruitment and admission of students, regardless of gender, race, creed, color, religion, age, national and ethnic origin, sexual orientation, disability, or veteran status. In our employment practices, William Peace University seeks to hire, promote, and retain the best qualified individuals regardless of race, creed, color, religion, sex, national origin, sexual orientation, disability, veteran status, citizenship, or on the basis of age with respect to persons 18 years or older. This is done in accordance with the Civil Rights Act of 1964, Title of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. The University complies with the Family Education Rights and Privacy Act of 1974, as amended, regarding information on file and students\u2019 access to their records. Directory information (name, address, class, and major) may be released, unless the student requests in writing that their information be withheld. Observance of Religious Holidays If a student cannot attend classes because of religious beliefs, the student may be excused and provided the opportunity to make up assignments or exams, which may have been missed as long as the make-up work or tests do not create an unreasonable burden on the University. Students will not be penalized because of religious beliefs. 14 Sexual Harassment Policy Conduct referred to as sexual harassment will not be tolerated at William Peace University. The University, when made aware of a claim, will take appropriate action to investigate the situation and take corrective action, including disciplinary action, if appropriate. Full details of this policy are available in the Student Handbook. Weather Peace has a full \u201cPacerAlert\u201d system where students are informed of weather (or other) emergencies through email, text, voicemail and/or various campus alerts. Drug Free Campus William Peace University is a drug-free campus. Please see the Student Handbook for complete details William Peace University acknowledges that each prospective student is an individual, and take a holistic approach to admission, considering each application as it is submitted throughout the academic year. Applications for full-time undergraduate students are accepted on a rolling basis and decisions are made when applications are complete. Admission procedures for students are defined by the following five categories: \u2022 First-Year student (high school senior or graduate) \u2022 High school student applying as a junior for early entrance \u2022 Transfer student \u2022 International student \u2022 Former Peace College/William Peace University student (readmission) Regardless of category, a candidate for admission to William Peace University must submit entrance credentials indicating evidence of graduation from a secondary school or other successful experiences that demonstrate the student\u2019s ability to make satisfactory progress at William Peace University. Applications are reviewed individually. Decisions are based on the following criteria in academic courses (see minimum course requirements) \u2022 Scholastic Aptitude Test (SAT) (verbal and math only) or American College Test (ACT) scores \u2022 course selection \u2022 rank in class \u2022 personal essay \u2022 letter(s) of recommendation \u2022 interview with an admissions representative, is recommended. 15 Further consideration will be given to an applicant\u2019s personal qualifications, co-curricular activities, community involvement, and overall potential for success. Additional consideration of a students\u2019 acceptance will be granted upon the discretion of the Vice President for Enrollment. Applications Applications may be obtained from your high school counselor, through the William Peace University website at the College Foundation of North Carolina website at or by calling the William Peace University Office of Admissions at 1-800-PEACE-47 or at 919-508-2214 in the Raleigh area. All first-time applicants are required to submit a $25 non-refundable processing fee payable to William Peace University with the application. This fee, paid only once, is intended to defray the cost of processing the application and is not credited to the student\u2019s account. Peace will consider waiving the non-refundable application fee of $25 for students who submit the College Board Application Fee Waiver Form (available from school counselors). Since William Peace University uses the rolling admissions procedure, applicants are considered for admission as soon as their application files are completed. You will need to submit the following to complete requirements for application: 1 completed application form must be filed with the Office of Admission along with an application fee. 2. Secondary school transcripts should be sent directly to the University. Home-schooled students should submit a self-certified transcript. Preliminary evaluation can be done with an unofficial transcript, however, an official offer of admission cannot be made until official transcripts are in the application file. Any prior college official transcripts should also be submitted directly to the University. 3. Test scores from either the Scholastic Aptitude Test (SAT) of the College Entrance Examination Board or the American College Test (ACT) of the American College Testing Program should be submitted to William Peace University. Applicants should take these tests early in the senior year or in the spring or summer of the junior year of high school. In order to have your scores sent directly to William Peace University, enter our code as 5533 for tests or 3136 for tests. 4. Have at least one academic recommendation, preferably from a guidance counselor or teacher, sent directly to the University. 5. Send us a personal essay (250 words) describing a book, person, or experience that has influenced your life. Interviews and Campus Visits All applicants are encouraged to schedule an appointment to visit the campus and interview with a member of the admissions staff. In some cases, an interview may be required as part of the application process. There is no substitute for a campus visit when you are choosing a university. The William Peace University campus is open for visits throughout the year. Prospective students are encouraged to schedule an appointment to visit the Office of Admissions as follows: \u2022 Year-round: 9 a.m. to 7 p.m. Monday through Thursday, and 9 a.m. to 4 p.m. Friday \u2022 September-May: 9 a.m. to 1 p.m. on Saturday (except on Holiday weekends) \u2022 Offices are closed on major holidays throughout the year. \u2022 Extended hours are also available by appointment. 16 To arrange for a visit please contact the Office of Admissions at [email protected] or 1-800- PEACE-47 (919-508-2214 locally) or William Peace University, 15 East Peace Street, Raleigh 27604. If you have a special request to meet with a member of the faculty, a member of the athletic department, or to attend a class, we will do our best to arrange it. Admissions at a Glance The table below is designed to show at a glance what is needed for each type of student wanting to attend Yes High school transcripts and or scores Recommended No later than two weeks prior to the start of Fall and Spring semester classes Notification upon completion of application folder after Junior year of high school Yes High school transcripts and or scores Required No later than two weeks prior to the start of Fall or Spring semester classes Notification upon completion of application folder Yes 24 + credits: only college transcripts; 23 credits and below: high school transcripts and or scores Recommended No later than two weeks prior to the start of Fall or Spring semester classes Notification upon completion of application folder Yes TOEFL, and translated high school transcripts or needed to be considered for financial aid Recommended May 1for Fall Semester; October 1 for Spring Semester Notification upon completion of application folder Yes Some (see section above) May be required No later than two weeks prior to the start of Fall or Spring Semester classes Notification upon completion of application folder Yes In some cases: high school transcripts and or scores No No later than two weeks prior to the start of Fall or Spring semester classes Notification upon completion of application folder First-Year Student Admission The major criteria in admissions\u2019 decisions are the strength of the high school course selection and the grades in the academic courses. Below is a list of the recommended academic courses Admissions uses to evaluate a student file: 17 English: 4 units Math: 4 units (Algebra I, II, Geometry, & Advanced Math): Science: 3 units (2 lab sciences) Social Science: 3 units Foreign Language: 2 units. Students should follow the admissions procedures outlined above. Early Admission after Junior Year Students may apply for admission to William Peace University after completion of their junior year of high school if they can provide written evidence of exceptional academic achievement, emotional stability and social maturity. Students who apply for early entrance are required: \u2022 to have a minimum of \u201cB\u201d (3.00) in academic courses \u2022 to be ranked in the top 25th percentile of their class \u2022 to have earned scores of 950 or higher on the (math and verbal only) \u2022 to be interviewed on campus by the Admissions staff. To apply for early entrance, students should follow the procedures outlined above in the Applications section and submit a final transcript showing all work completed through the end of the junior year. Please note that to be eligible for financial assistance, students must have received a high school diploma or its recognized equivalent [generally the (General Education Diploma)]. Transfer Students Transfer applications are accepted for all class levels. Those applying for transfer from another college must follow the same application procedure and complete the same required units for entrance as outlined for first-time college students. Transfer students must furnish official transcripts of all previous college or university work attempted, whether or not credit is sought. Prospective transfer students who have completed fewer than 24 credits of college-level work are required to submit or scores and an official high school transcript. All transfer students must have a 2.0 or better. Additionally, transfer applicants are required to submit a completed Dean\u2019s Evaluation form. This form is to be completed by the Dean of Students at the last college or university attended. Upon admission to William Peace University, copies of the transfer student\u2019s official transcript are sent to the Office of the Registrar for evaluation of transfer credits. The Registrar will notify the student of credits accepted for transfer. Courses for transfer credit will be evaluated according to the following guidelines: 1. Courses taken at regionally accredited higher education institutions where a grade of \u201cC-\u201d or higher was earned will be accepted for transfer credit, provided the course or courses are similar to a course or courses offered at William Peace University and are applicable to a William Peace University degree program. 2. The maximum number of credit-hours allowed for transfer from regionally accredited higher education institutions is 90 semester hours. 18 3. Only six semester hours are permitted for transfer credit toward junior/senior specialization requirements. 4. Only three semester hours are permitted for transfer credit toward minor requirements. 5. All transfer students must take at least 30 semester hours \u2013 immediately preceding graduation \u2013 at William Peace University and complete all degree requirements. 6. William Peace University evaluates non-traditional credit on the basis of recommendations made by the Council for Higher Education Accreditation (CHEA). Details on non-traditional credits are offered later in this Catalog. 7. To ensure credit transfer, students enrolled at William Peace University must receive approval from the Registrar before registering for course(s) for credit to be taken at another institution for transfer to William Peace University. 8. Mathematics and accounting courses must be taken within the last 10 years to qualify for transfer credit. Computer courses must be taken within the last five years. Transfer Articulation Agreements. William Peace University has signed the Comprehensive Articulation Agreement (CAA) with the North Carolina Community College System. This agreement aids in the transfer of credit from colleges within the North Carolina Community College System. For specific details concerning how courses transfer under the CAA, please contact the Office of Admissions by phone 919-508-2214 or email [email protected]. Guidelines for other transfer articulation agreements are available by contacting the Office of Admissions or the Office of the Registrar. International Students William Peace University is authorized by the U.S. Immigration and Naturalization Services to enroll non-immigrant students in accordance with federal regulations. International applicants for fall must complete their application by May 1 for the fall semester or October 1 to be considered for the spring semester. Applicants from foreign countries are expected to meet the same minimal educational background as that of students educated in the United States. The following guidelines are used to evaluate the application of international students: \u2022 William Peace University requires international students seeking admission to complete the Personal Verification Worksheet. \u2022 The Admissions Office must receive official copies of transcripts from all schools attended previously; all forms must be translated into English. William Peace University recommends using World Education Service, Inc. (WES) as a valid source of translation does require a fee for translation. \u2022 William Peace University requires a minimum score of 550 on the written Test of English as a Foreign Language (TOEFL) or a minimum score of 80 on the internet-based from students whose native language is not English. To be considered for merit-based scholarships, international students are required to take the or the ACT. Information on the or the may be obtained through Educational Testing Service (ETS), Princeton 08540. \u2022 All applicants are required to submit an admissions application and to provide a copy of their Visa. \u2022 Four years of study of English as a foreign language is preferred; students should have maintained a grade of \u201cC\u201d or better in such courses. \u2022 Applicants must complete and submit the Certificate of Financial Responsibility with official certification from your bank. 19 \u2022 Any National Examination results, such as British \u201cO\u201d or \u201cA\u201d levels should be submitted as a part of the application. Photocopies of these certificates must be certified by the high school and bear the secondary school\u2019s official stamp or seal. \u2022 Applicants must submit a notarized medical form with immunization records upon acceptance to William Peace University. \u2022 Letters of recommendation must be submitted in English. \u2022 The application fee may be submitted in the form of an international money order or bank draft. International students applying under the auspices of Kaplan International or those who are presently enrolled in an American high school or college should contact the Office of Admissions for more information at 1-800-PEACE-47 or 919-508-2214 locally. To study at a four-year institution in the United States, each student must obtain an F-1 student Visa. William Peace University will issue an I-20 after the student completes the following: 1. Apply and be accepted by William Peace University. 2. Pay a $5,000 deposit. 3. Submit your certificate of Financial Responsibility with official bank certification. After receiving the I-20 form, the student must then pay the I-901 fee. For more information on this fee, please go to The student must then visit an embassy or consulate to obtain the Visa and receive any additional information. Here are some helpful tips for international students: \u2022 Start early. June, July, and August are typically the busiest months at embassies and consulates. \u2022 Often in countries, there are Education centers that help advise international students on various educational opportunities inside the United States. For more information, please visit the U.S. Department of State website. \u2022 Please keep in mind that it is impossible to transfer a visitor Visa or expired Visa to obtain the proper paperwork for an I-20. \u2022 William Peace University cannot accept students with expired Visas. International students may only take one course online per semester if in the United States on a student Visa. International students are eligible for academic scholarships granted by William Peace University. Normally, international students are not eligible for need-based financial aid. You may be eligible to receive federal Student Financial Assistance if you meet all of the following requirements. \u2022 Are a citizen or eligible non-citizen of the United States with a valid Social Security number. \u2022 Have a high school diploma or a General Educational Development (GED) certificate or pass an approved \u201cability to benefit\u201d test. Readmission of Former Peace College/William Peace University Students Any student who was previously enrolled at Peace and who has not been enrolled for one semester and who wishes to return to Peace should contact the Office of Admissions. An interview may be required for some applicants. Applicants for readmission are asked to apply at least two weeks prior to the beginning of classes. Students who are taking a leave of one semester should see the section on Continuous Registration. 20 Former students who have taken a medical withdrawal from Peace will also need to reapply to the Office of Admissions. Applicants for readmission will be required to submit a medical examination form at the time of application, but no later than two weeks prior to matriculation. Additionally, a letter from the student\u2019s physician supporting his/her return to William Peace University will be required before a final decision can be made regarding readmission. Applicants for readmission are required to submit official copies of transcripts from other schools at the time of application, but no later than two weeks prior to matriculation 2.5 cumulative is required for readmission. In the event that the applicant is enrolled in classes at the time of application, they will be required to submit an updated official final transcript upon completion of work in progress. Applicants who have been Academically Suspended from William Peace University must provide written evidence as to why they will be successful back at Peace student who is readmitted to William Peace University after a year or more may be required to comply with the Catalog at the time of readmission readmitted student must pay the $150.00 required deposit and submit the medical examination form Dual Enrollment Program The Dual Enrollment Program allows qualified high school students to take courses at William Peace University for college credit. Students who meet the following academic requirements are eligible for the program: \u2022 Class rank in the top 30% of her/his class \u2022 Endorsement by the high school guidance counselor \u2022 Approval by the high school principal. Interested students may request information on Dual Enrollment from the Office of Admissions. Credits earned through the program may be applied toward a degree at William Peace University provided the student is accepted and enrolls as a degree-seeking student. Students may also request their William Peace University transcript be transferred to another college or university. Pacer Track Program The Pacer Track Program is designed for full-time, degree-seeking students who will benefit from enhanced opportunities for success at Peace by enrolling in PSS101 \u201cFoundations for Student Success\u201d in their first semester. Students admitted to the Pacer Track Program are limited to12 to 14 credit hours their first semester at William Peace University. Students with Disabilities Students with disabilities must meet regular admissions requirements. In addition, they must submit documentation from a licensed psychologist or physician as to the nature and extent of their disability. To receive accommodations through Learning Services, comprehensive testing results with all tests and scores, must be reported. These results must be current, within three years for cognitive 21 disabilities and ADD/ADHD) for psychological and physical (including visual and hearing) disabilities. For additional information, contact the Office of Academic Services For Fall semester, a tuition and a housing deposit for new students are due May 1. For Spring semester, deposits are due December 1. (See the Special Fees section after May 1 for the Fall semester and December 1 for the Spring semester. Deposits are credited to the student\u2019s account. Most first-year students live on campus. There are certain exceptions. Please consult the Office of Admissions for details. As soon as a student is accepted into William Peace University, a student is considered a student and must follow and be governed by the appropriate policies, regulations, and procedures of the University Upon acceptance to William Peace University, a student must submit a medical examination report prior to enrollment Invest in Quality William Peace University education is a quality education at a reasonable cost. Prospective students interested in William Peace University are encouraged to apply for admission regardless of their financial situation. William Peace University offers generous merit scholarships and need based grants to qualified students. Please refer to the Scholarships and Grants section of the Catalog for details on financial assistance programs. The University reserves the right to adjust tuition, room and board, and fees if conditions make an adjustment necessary. Consequently, at the time of a student\u2019s future enrollment, expenses may differ from those stated in this particular issue of the Catalog. Advance notice of any adjustments will be provided to students. Tuition, Room and Board for 2012-13 Tuition for full-time day students covers a course load of 12-18 credit hours. All Resident Students: Tuition $23,700 Standard Room and Board 9,000 * Total $32,700 All Commuter Students: 22 Tuition $23,700 Total $23,700 * All residents are required to purchase the Meal Plan. Resident students are required to be full-time students. Commuter Student Expenses Commuter students are those attending William Peace University full-time or part-time but are not living on campus full-time student is one registered for 12 or more hours per semester. Tuition charges for full-time commuter students are detailed above. Commuter students registering for fewer than 12 semester hours will be assessed charges at the rate of $790 per semester hour. Commuter students may purchase block meal plans offered by Dining Services. Payment Schedules Payments for tuition/fees and room and board are due in full by August 1 for the Fall semester and by December 15 for the Spring semester. Payments, financial aid, and/or a payment plan must be in place by these dates to cover the full semester balance. If the decision to attend Peace is made after August 1 for the Fall or December 15 for the Spring, payments, financial aid, and/or a payment plan must be in place prior to the start of classes to cover the full semester balance. Class registration may be cancelled at the University\u2019s discretion prior to the start of classes if a student account balance is not fully satisfied by payment, financial aid, and/or a payment plan. All balances are ultimately the responsibility of the student. Unpaid balances owed to the University may be subject to collection action, and all associated costs/legal fees may be billed to and payable by the student. Payment Plans William Peace University offers the advantage of up to five monthly payments per semester. There is an enrollment fee of $30 paid to the University each semester for this plan. The first payment for the fall is due by July 5. The first payment for the spring is due by December 5. Monthly late fees may be assessed by the University for late payments. Students and parents desiring to use this monthly payment plan can obtain more information by visiting our web site at and clicking on the \u201cFor Students\u201d tab and then \u201cStudent Accounts.\u201d Payment plans are limited to traditional day students and are not available to students enrolled in the School of Professional Studies. Purchasing Transcripts Students may purchase copies of official transcripts. To purchase a transcript: \uf0b7 Go to \uf0b7 Select \u201cfor students\u201d tab \uf0b7 Select \u201cRegistrar\u2019s Office\u201d link on the left \uf0b7 Select \u201cObtaining Transcripts\u201d link on the left \uf0b7 Login into National Student Clearinghouse link. There is a charge for each transcript. Transcripts will not be released until a student\u2019s account balance has been paid in full. Special Fees Special or additional fees are listed below. Lab/course fees associated with specific courses can be found on the course listing published by the Registrar\u2019s Office for each semester. Students from Cooperating Raleigh Colleges pay the same additional course fees as William Peace University 23 students. Please note that fees for students in the William Peace School of Professional Studies programs are different. Part-time Fees \uf0b7 1-11 hours $790/credit hour \uf0b7 Credit in excess of 18 hours $790/credit hour (and special permission must be obtained from the Vice President for Academic Affairs) \uf0b7 Dual Enrollment Fee $250/credit hour \uf0b7 Internship and practicum courses taken during the Summer semester will be charged $790/credit hour. All other undergraduate summer courses taken in the Summer semester will be charged at the rate of $250/credit hour. Other Fees \uf0b7 Housing Deposit for Returning Students (nonrefundable) $250 (see below) \uf0b7 Tuition Deposit for New Students (nonrefundable) $150 (see below) \uf0b7 Housing Deposit for New Students (nonrefundable) $100 (see below) \uf0b7 Student Activity Fee $200 \uf0b7 Parking Fee $150 \uf0b7 Stop Payment Request Fee $25 \uf0b7 Returned Check Fee $25 \uf0b7 Replacement Student Identification Card Fee $25 \uf0b7 Health Insurance Fee $1061 (see below) \uf0b7 Graduation Fee (including diploma) $150, whether or not the student attends the graduation ceremony \uf0b7 Transcripts of Academic Records Fee $10 \uf0b7 Residence Hall Room Key Replacement Fee $150 \uf0b7 Student Teaching Fee $300 \uf0b7 Practicum Fee $50 \uf0b7 Continuous Enrollment Fee $100 \uf0b7 Lab Fees (vary by course, if required) \uf0b7 Books, supplies, and spending money are not included in the above charges Housing Deposit for Returning Students Students should have their bill paid in full and have paid a $250 nonrefundable deposit to participate in the Spring room selection for the coming fall. The $250 deposit will be applied to your Fall account. New Student Deposits All new students must pay a $150 tuition deposit. Students desiring housing must also pay a $100 housing deposit. New student deposits are due by May 1 for Fall semester and December 1 for Spring semester. After these dates, the deposits are nonrefundable. Deposits are credited to the student account. New students must notify the University in writing that he or she no longer wishes to enroll/or live in housing in order to obtain a tuition/or housing deposit refund prior to the July 1 or December 1 deadline for refunds. 24 New international students must follow the financial procedures outlined in the section on international students. Student Health Insurance The University requires all full-time students to have health insurance. Students who already have coverage must provide proof of insurance and complete the online insurance waiver form annually prior to the beginning of the semester in which the student enrolls. Students enrolling for the Fall semester may begin completing their waivers during the summer break leading up to the beginning of the semester. Full-time students who do not have health insurance, and those who do not complete the online waiver, will automatically be billed on their student account for the injury and sickness policy offered by the University. The policy is administered through United Health Care for those students beginning in the Fall, the cost is for both semesters: for those beginning in the spring, it is prorated. Students are responsible for filing all claims. Online waivers are required to be completed within seven (7) days of the start of the semester. Students who enter William Peace University after this date must notify the Office of Student Accounts within the first four weeks of the beginning of the semester with proof of insurance to have the charges waived. After the first four weeks of the semester, failure to submit substantial proof of coverage will result in the full amount of the policy due. The Health Services Office staff offers various lab tests and physicals for a small fee. See the Nurse for details Tuition deductions are allowed in the following situations: \uf0b7 Full-time students who are dependent children of Presbyterian ministers or Presbyterian missionaries (home or foreign) are given tuition deductions of $500 per semester. \uf0b7 When siblings are simultaneously enrolled at Peace, a $500 per semester deduction is made for each enrolling sibling after the first enrolled student William Peace University will continue to make every effort to contain costs from the date they are announced through the current academic year. The Trustees, however, reserve the right to make changes in tuition and fees at any time. Normally, tuition and fees are reviewed annually by the Board of Trustees. Statement of Student Financial Responsibility Students are responsible for all costs and charges incurred and agree to remit payments to William Peace University in a timely manner. The University provides several payment options for satisfying current obligations including a non-interest payment plan. Also explained elsewhere are the refund policies for students who withdraw from courses and withdraw from the University. In many instances, when a student withdraws, a financial obligation to Peace still exists and must be paid in full before transcripts or other official documents are released. The University actively pursues all outstanding accounts. Overdue accounts may be referred to collection agencies. 25 Refund Checks Due to Excess Financial Aid Monies are considered to be applied to the student account as follows (regardless of the date in which the monies are received): 1. Federal financial aid 2. State financial aid 3. William Peace University financial aid 4. Miscellaneous loans 5. Cash and checks 6. Credit Cards Refunds are applied in the reverse order of the received funds. Example, credit card payments are the first to be refunded (within 90 days) and then cash/check payments. (Again this is regardless of the date in which the funds were actually received at William Peace University.) Refunds will be issued to the student (or Parent if credit is result of Parent loan) when a credit balance is created on the student account by receipt of funds from the Department of Education for loans and the State of North Carolina for the Need Based Scholarship. Student may sign a form to prevent the automatic issuance of refund checks; however, refund checks will still be available upon request. Tuition Insurance Refund Plan William Peace University has a concern for the student who suffers a serious illness or accident and has to leave the University before the semester is completed. William Peace University has arranged to offer the Tuition Refund Plan to students and parents to minimize the financial portion of the loss. This elective insurance plan, made available through A.W.G. Dewar, Inc. (Dewar), provides coverage for tuition and housing charges. This plan significantly extends and enhances the University\u2019s published refund policy. In cases of withdrawals due to accident, illness, or psychological reasons, the plan assures you a 70% refund throughout the term. Contact the Student Accounts Office for more information about signing up for this plan and current rates Financial aid is available to eligible undergraduate students enrolled in day, evening, accelerated, or online programs. Students must be accepted for admission and be attending at least half-time for most forms of financial aid. For timely financial aid information, please visit or call the Office of Financial Aid at 919-508-2394 or visit The Financial Aid Application Process The first step in determining your eligibility for financial aid is to complete the Free Application for Federal Student Aid, better known as the FAFSA. Students may apply on line at The University\u2019s school code is 002953. Before completing the online, students must obtain a federal pin number. The pin number is the student\u2019s electronic signature which can be used to sign the online FAFSA. It takes very little time to apply for a pin number. Begin by visiting the federal pin website at Parents of dependent students must also obtain a pin number. After a student sends the FAFSA, William Peace University will receive an electronic aid file called an Institutional Student Information Record (ISIR). It takes approximately one to three weeks after 26 submission for the University to receive the ISIR. The University will use the to prepare students\u2019 financial aid awards. The Financial Aid Award Before an award can be made, the Office of Financial Aid must receive the student\u2019s data. The Financial Aid staff will verify the student\u2019s enrollment and matriculation status. Awards are based upon the number of credits a student registers for during each semester and financial need. All financial need is determined by subtracting the Expected Family Contribution (EFC) as determined by the federal analysis of the family\u2019s resources from the total cost of tuition, room and board. The family\u2019s contribution is estimated on the basis of income and assets, with consideration given to taxes and other expenses of the family. Once the student\u2019s enrollment status is determined, the Financial Aid staff will generate an award letter, which lists the types and amounts of financial aid the student can expect to receive for the year ANNUALLY. Application Deadlines The priority deadline for submitting the each year is March 15 for the following Fall semester. Be aware that most states, including North Carolina, have a priority deadline of March 15th for state scholarship eligibility. Late applicants are usually ineligible for state funds. Those who fail to meet the priority deadline may still apply anytime during the award year. The Office of Financial Aid will accept applications until such time it is deemed too late to process and disburse the aid to the student for the period of enrollment. Late applicants are responsible for any and all tuition and fees, including late payment fees, if the student\u2019s financial aid is incomplete at the time of registration. Late applicants may receive substantially fewer funds than on-time applicants. Other Requirements Students must submit all necessary paperwork, verification documents, and any other requested items by June 1st. Late applicants must submit all requested documents within 10 days of the date requested. Timely submission of documents helps to expedite the processing of awards. Failure to submit required documents could result in the cancellation of some or all of the student\u2019s financial aid. If an extension is needed, please contact the Office of Financial Aid. Students receiving outside assistance must notify the Office of Financial Aid. At no time can total assistance, including loans and scholarships made from outside agencies, exceed the student\u2019s cost of attendance. The University cannot guarantee funding to any student, regardless of eligibility. Peace financial aid is awarded on the assumption that a student will successfully complete all credits attempted. In the event of withdrawal, dismissal, or the failure to maintain satisfactory academic progress, aid may be withdrawn or adjusted according to applicable Federal, State, and University policies. William Peace University does not discriminate in the awarding of financial aid on the basis gender, race, creed, color, religion, age, national and ethnic origin, sexual orientation, disability, or veteran status All Peace funded aid programs are subject to change without prior notice based upon changes in a student\u2019s EFC, enrollment status, resident/commuter status and other factors such as funding limitations. William Peace University will make every effort to give the best financial aid package possible, but late applicants may receive less financial aid. To maximize eligibility for all forms of financial aid, be sure to complete the by the March 15 deadline annually. Peace-funded aid 27 programs are available to full-time day students only and may not exceed the cost of tuition. Students receiving CIC, NCICU, APCU, or other full-tuition grants or scholarships are not eligible to receive additional University grant assistance. Students must maintain satisfactory academic progress to remain eligible for University-funded grants and scholarships. William Peace University Scholarships and Grants The following is a list of scholarships and grants that William Peace University offers to those that may be eligible. Please contact the Office of Admissions or the Office of Financial Aid for further questions. \uf0b7 William Peace University Presidential Scholarship. William Peace University Presidential Scholarships are awarded to qualified students who have earned exceptional academic records. These students should also possess exemplary characteristics of leadership ability and/or special talents that would enable them to make significant contributions to campus life. These merit-based scholarships are renewable for an additional three years of study at William Peace University provided recipients maintain at least a 3.0 GPA. This scholarship award applies to tuition and fees. \uf0b7 William Peace University Academic Achievement Scholarship. William Peace University Academic Achievement Scholarships are awarded to qualified students who have earned outstanding academic records and who, in the judgment of University representatives, display potential for making significant contributions to the William Peace University community. These merit-based scholarships are renewable for an additional three years of study at William Peace University provided recipients maintain at least a 2.5 GPA. This scholarship award applies to tuition and fees. \uf0b7 William Peace University Challenge Grant. William Peace University Challenge Grants are awarded annually on the basis of academics. These merit-based grants are renewable for an additional three years of study at William Peace University, provided recipients maintain at least a 2.0 GPA. This scholarship award applies to tuition and fees. \uf0b7 Transfer Merit Grant. Students who transfer into William Peace University with more than 24 credit hours may be eligible for merit-based grants. These grants are awarded on the basis of the number of transferable credits earned at an accredited college or university and on the cumulative earned at each institution attended. The Transfer Merit Grants are renewable for up to two additional years, provided recipients maintain at least a 2.0 GPA. This scholarship award applies to tuition and fees. \uf0b7 Phi Theta Kappa Honor Scholarship. William Peace University offers scholarships to members of Phi Theta Kappa Honor Society. Members are eligible to apply for these funds and scholarships must be applied toward tuition. Member of Phi Theta Kappa should apply for scholarships directly through William Peace University. Several factors are considered in the allotment of awards, including financial need, academic and student involvement in extracurricular and volunteer activities. This scholarship award applies to tuition and fees. \uf0b7 Peace Assistance Grant. Need-based grants are awarded annually to eligible students. Eligibility and grant amounts are based on information received from the Free Application for Federal Student Aid (FAFSA) along with all other grants, scholarships and loans. Students may apply to have the grants renewed each year they are enrolled in William Peace University by completing the at 28 \uf0b7 Sloan Scholars Program for Presbyterians. Through the Sloan Scholars Program, William Peace University will award up to $5,000 per year to students who are certified by the Session of their Presbyterian Church as an active member of the congregation. New students must meet all William Peace University admission requirements and be in the top 1/3 of the high school class. Priority will be given to students who demonstrate financial need. The Scholarship is renewable for three years provided the student maintains a (2.0 GPA) and maintains good social standing at William Peace University along with a letter of certification from the Session. The scholarship is available to students from North Carolina and states other than North Carolina with preference given to North Carolina students. This scholarship award applies to tuition and fees. \uf0b7 Departmental Scholarships. Students who are interested in pursuing a degree in Fine Arts at William Peace University are eligible for additional scholarships. Students must submit a scholarship application, interview and audition with the respective department. Students must meet the minimum requirement for admission and must be a first-year applicant to William Peace University. This scholarship award applies to tuition and fees. \uf0b7 Leadership Scholarship. Students who are involved in service and leadership activities throughout high school are eligible for an additional $1,000-$5,000 in scholarships. Students will be required to take an active part in leadership roles and service to William Peace University during their enrollment. Students must submit a scholarship application, meet the minimum requirements for admission and be a first-year applicant to WPU. The scholarship is renewable for three years contingent on the student\u2019s continued campus involvement and maintenance of a minimum of 2.5. This scholarship award applies to tuition and fees. \uf0b7 Honors Scholarship. Students who have a 3.5 weighted cumulative or higher, and a combined critical reading and math score of 1100/27 or higher are eligible to apply and enroll in the William Peace University Honors Program. Students accepted into this program can be awarded up to an additional $5,000 in scholarships. Students must submit a scholarship application and have an interview. All students must be a first-year applicant to WPU. This scholarship award applies to tuition and fees. \uf0b7 William Peace Scholarship. Student\u2019s overall GPA, SAT, ACT, community involvement, extracurricular activities and achievements as well as need will be considered in evaluation for this scholarship. Student can be awarded up to an additional $1,000-$5,000 in scholarships. Student must submit a scholarship application to apply. All students must be a first-year applicant to WPU. This scholarship award applies to tuition and fees. Renewability of University-Funded Aid There are limited funds for the above listed scholarships. The Board of Trustees can change these limitations at any time. Students must maintain certain standards for annual renewability. It is the student\u2019s responsibility to know what those standards are and to maintain them at all times during the awarded time of the scholarship and/or grants The Office of Financial Aid maintains a listing of outside scholarships and resource links online at on the Financial Aid section under Online Resources. Students should visit the Office 29 of Financial Aid website and/or office at least once a semester to stay informed on other available resources. The Office of Financial Aid reserves the right to adjust a student\u2019s award based on receipt of outside scholarship Various federal grant and loan programs are available. The staff in the Office of Financial Aid are available to assist families and students in the use of these programs. Federal Pell Grants These federally-sponsored grants are available to eligible students with high financial need attending approved post-secondary institutions. To apply, the student must complete a Free Application for Federal Student Aid (FAFSA) online at . Rules and regulations governing this program are subject to changes made in federal policies. Federal Supplemental Educational Opportunity Grants (FSEOG) These federally-sponsored grants are awarded to students with significant financial need who are enrolled at least half-time. The amount of the grant is determined by available funds and results of the Free Application for Federal Student Aid (FAFSA). The Program is designed as a supplement to the Federal Pell Grants student should submit a Free Application for Federal Student Aid (FAFSA) online at each year. William D. Ford Direct Loan Program federally-sponsored loan program, the Stafford Loan program is administered through the University and the Department of Education. Federal Subsidized Stafford Loans are awarded based on demonstrated financial need. Applicants are required to submit a in order to determine eligibility. Loan amounts vary depending on eligibility and year in school. There are two types of Federal Stafford Loans: subsidized and unsubsidized. The federal government will pay the interest while enrolled at least half-time (6 credit hours) and during grace or deferment periods on Subsidized Stafford loans. Those who do not demonstrate financial need may still qualify for a Federal Unsubsidized Stafford Loan, in which the student is responsible for interest. The unsubsidized loan offers two interest repayment options: 1) quarterly payment of interest during school or 2) deferment of interest until after school. If a student elects to defer interest, interest is added to the principal. Repayment of either a subsidized or unsubsidized loan begins six months after leaving school whether due to graduation or withdrawal, but deferments may be granted under a variety of conditions set forth in federal law. The interest rate is set annually for the 12-month period July 1-June 30. The government limits Stafford Loan borrowing in the first two years of enrollment, but then increases that limit during the third and fourth years. The loan limits are as follows: Year in School Subsidized/Unsubsidized Stafford Additional Unsubsidized Stafford 1st year Status $5,500 $4,000 2nd year Status $6,500 $4,000 3rd year Status $7,500 $5,000 30 4th year Status $7,500 $5,000 *Additional unsubsidized loans are available to students whose parents are ineligible to borrow parent loans. Undergraduate dependent students whose parents are denied the Federal or undergraduate independent students may borrow $9,500 (subsidized plus unsubsidized) in their first year; $10,500 (subsidized plus unsubsidized) in their second year; $12,500 (subsidized plus unsubsidized) in their third, fourth, and fifth years. Eligible students will sign a promissory note prior to loan disbursement. To apply for the Federal Stafford Loan (subsidized or unsubsidized), the student must complete and file the Free Application for Federal Student Aid (FAFSA) online at Federal Parent Loan Loans are federally-sponsored loans for credit-worthy parents of undergraduate students. The loan is disbursed in two equal disbursements, usually fall and spring. Repayment begins immediately after the scheduled second disbursement of the loan. The student must complete a for consideration. Parents may borrow up to the cost of attendance less other aid. The interest rate is adjusted annually on July 1 over the life of the loan. The length of the repayment period depends on the total amount borrowed, but normally does not exceed 10 years. The Federal loan is meant to be used in addition to any other loan the student may borrow, or as a primary source for those who do not qualify for a Federal Stafford Loan. For this reason, we recommend that students apply for a Federal Stafford Loan before their parents apply for a Federal loan. Parents who are denied Federal loans may contact the Department of Education to appeal this decision, or they may have their student borrow additional Federal Stafford Unsubsidized funds up to $5,000. Federal Work-Study The Federal Work-Study Program is awarded to full-time day students who demonstrate significant financial need. Eligible students work up to 10 hours per week select group of off-campus jobs are also available to work-study eligible students. Eligibility is determined by the Free Application for Federal Student Aid (FAFSA). Work-study opportunities are limited. Students are considered on a first- come basis. Eligibility to participate does not guarantee employment Residents of North Carolina or other states may be eligible for these programs. Check with the Office of Financial Aid to determine eligibility. State Scholarship Programs Many states provide scholarships to eligible residents and some states provide scholarships to students attending out-of-state schools. Requests for specific information should be directed to the state scholarship organization in the student\u2019s home state. North Carolina State Need Based Scholarship (NCNBS) The North Carolina Need Based Scholarship program was established by the 2011 North Carolina General Assembly to provide need based scholarships for North Carolina students attending private 31 institutions of higher education in the State of North Carolina. These scholarships are available to legal residents of North Carolina with specific needs. To apply, the student must complete a Free Application for Federal Student Aid (FAFSA) online at Students should complete the no later than March 15th to be considered for the scholarship. Funds for the support of the program are contingent each year upon appropriations made available by the North Carolina General Assembly Various alternative loans are available for students who are not eligible for Federal Stafford loans or who need additional loan money. Consult the Office of Financial Aid for information regarding these loans. William Peace University strongly encourages all students to complete the before applying for an alternative loan. Federal loans (Stafford and PLUS) should always be the first option to consider when borrowing money to finance an education. If you are considering an alternative loan, you should carefully evaluate a loan program to determine if it best meets your needs Educational Assistance Benefits are available for veterans, active-duty military, National Guard and selected reserve and, in some instances, their qualified dependents. For additional information on specific programs, contact your local Veterans\u2019 Office or the Veterans\u2019 Certifying Official in the Registrar\u2019s Office at the University The Scholarships are designed to offer financial assistance to outstanding young students who are seeking a commission as a military officer. The scholarship is based on the achievements of the applicants, not the financial status of their families. The scholarships may cover partial or full tuition and fees. Students interested in should contact the William Peace University Admissions Office or the Military Science Department at St. Augustine\u2019s University (919-516-4200 Independent and Dependent Status The determines a student\u2019s dependency status. Federal regulations are very specific about the classification of dependent and independent students. If the student feels that they do not meet the classification of a dependent student, please contact the Office of Financial Aid. Financial Aid Satisfactory Academic Progress (SAP) Policy Federal regulations require that schools monitor the academic progress of each applicant for financial assistance and that the school confirm that the applicant is making satisfactory academic progress towards earning a degree in their program of study. Standards of the William Peace University policy for financial aid purposes regarding cumulative attempted hours and cumulative follow the University\u2019s established requirements for satisfactory academic progression. It is each student\u2019s responsibility to familiarize themselves with the academic standards in effect at the start of their matriculation at and to monitor their progress to ensure they remain in compliance at all times. 32 Institutions must establish Standards of Satisfactory Academic Progress involving qualitative (cumulative grade point average), quantitative (hours earned compared to hours attempted) and a maximum length of study. This requirement applies to all applicants for Federal assistance, including Federal Pell Grants, Federal Supplemental Educational Opportunity Grants (FSEOG), Federal Work- Study, the Federal William D. Ford Direct Loan Program, which includes the Federal Stafford Subsidized and Unsubsidized Loans for students, and Federal Loans for parents of undergraduate students. The same standards apply to all assistance from William Peace University, the State of North Carolina and all other aid administered by the Office of Financial Aid. If students have obtained a scholarship, grant, or loan from any other source, they are encouraged to contact that source regarding their academic progress requirements. The Standards of Satisfactory Academic Progress for Financial Aid To be eligible for financial aid at William Peace University, whether or not aid was received in the past, students must be in compliance with all three of the following areas: cumulative GPA, cumulative hours earned and maximum length of study. I. Cumulative Grade Point Average (CGPA) Qualitative Requirement \u2013 Each student must maintain the following minimum cumulative grade point average (CGPA), based on credits attempted. Students must maintain the minimum cumulative grade point average established by William Peace University for satisfactory progress toward graduation requirements. Please refer to the academic catalog that correlates with the academic year in which the student\u2019s matriculation started at WPU. The standards indicated in the chart below are consistent with academic standards required for graduation Students must meet the cumulative requirement of William Peace University. The cumulative requirement may be found under the section in the William Peace University catalog. II. Hours Earned (Compared to Hours Attempted) Pace (Quantitative) Requirement \u2013 Each student must also be making satisfactory progress toward the completion of a degree. Satisfactory progress toward graduation is measured in terms of total academic credits earned. We recommend students attempt to average 30 earned hours per academic year in order to graduate in four years for programs that require 120 credit hours. To remain eligible for financial aid, students must earn at least 70% of total hours attempted each semester. For financial aid purposes, the following definitions and conditions apply: \uf0b7 To earn hours at William Peace University, students must receive a grade of A, B, C, or D. All other grades, including or Pass/Fail, do not earn hours. \uf0b7 Classes from which a student withdraws after the drop/add period count as attempted but not earned hours. Therefore, withdrawing from classes after the drop/add period negatively affects students\u2019 ability to satisfy the hours earned standard. 33 \uf0b7 When a student repeats a course, the total attempted hours will increase with each repeat, but the student may only earn hours for a successfully completed course once. Therefore, repeating courses may negatively affect students\u2019 ability to satisfy the hours earned standard. \uf0b7 Audited courses count as attempted but not earned hours. Therefore, auditing classes will negatively affect students' ability to satisfy the hours earned standard. \uf0b7 Developmental courses are not be counted as credits attempted or calculated into the \uf0b7 Accepted transfer credits count as both attempted and earned hours. III. Maximum Length of Study To remain eligible for financial aid, students must complete their degree requirements within 150 percent of the published length of their academic program. At WPU, this means that students in programs requiring 125 hours for graduation are eligible for financial aid during the first 188 attempted hours as an undergraduate. All attempted hours are counted, including transfer hours, whether or not financial aid was received, or the course work was successfully completed. The maximum length of study will be reviewed each semester. Students who do not graduate after attempting 188 hours are no longer eligible for federal, state or institutional aid. No financial aid will be disbursed for the student during subsequent semesters unless the student has an approved Satisfactory Academic Progress (SAP) appeal. In rare cases, exceptions are granted through a formal appeal Reviews At the end of each academic semester (fall, spring and summer) student academic records are evaluated by the Office of Financial Aid for compliance with standards. Students who are out of compliance with one or more of the standards are placed on Financial Aid Warning, Financial Aid Probation, and Financial Aid Suspension as appropriate. When placed on Financial Aid Warning, Financial Aid Probation or Financial Aid Suspension; the Office of Financial Aid sends written notification of to students at their permanent addresses as listed in official University records in the Registrar's Office. Financial Aid Warning Financial Aid recipients will automatically be placed in this status for one semester the first time they fall below the standards of satisfactory academic progress. Students are required to meet with a representative of the Office of Advising and Learning Services. The establishment of an academic plan is encouraged at this status, but not required. Financial aid can be received while the student is on Financial Aid Warning. Financial Aid Suspension Students are placed in this status if they do not meet standards at the end of the semester they are placed on Financial Aid Warning. Also, students are placed in this status if they do not follow the academic plan established in response to an approved appeal. Financial aid cannot be received while the student is on Financial Aid Suspension. Financial Aid Probation Upon successful appeal; students are placed on Financial Aid Probation for one semester and are required to establish an academic plan through the Office of Advising and Learning Services. Financial 34 aid can be received while the student is on Financial Aid Probation, provided they appropriately follow the established academic plan. Regaining Eligibility for Financial Aid When placed in Financial Aid Suspension status; eligibility may be regained by resolving all deficiencies (except the Maximum Length of Study). Students are able to receive financial aid again once they fully meet the standards. Students who are meeting the standards are eligible for financial assistance for the next enrollment period. Appeals Federal regulations allow for certain cases in which the school may waive the aforementioned standards for satisfactory academic progress. Specifically, if a student's failure to be in compliance with one or more areas of satisfactory academic progress is due to events beyond the student's control, such as a student's extended illness, serious illness or death in the immediate family, or other significant trauma, and if such mitigating circumstances can be appropriately documented for the specific term(s) in which the deficiency occurred. Students are able to submit an appeal to the Office of Financial Aid using the Financial Aid Appeal Form outlining the extenuating circumstances that contributed to their inability to meet standards and what has changed that will allow them to meet at the next evaluation. If approved, the student will be placed on Financial Aid Probation and required to establish an academic plan through the Office of Advising and Learning Services. Additional Financial Aid Information For additional information on scholarships, grants, loans, or federal work-study positions, you can visit our website at or contact the William Peace University Office of Financial Aid. Financial Aid programs are subject to change. Always check with the Office of Financial Aid for the most up-to- date information student\u2019s enrollment status may affect the type and amount of financial aid for which he or she qualifies. The chart below shows the credits needed per semester for each status: Undergraduate Students Graduate Students Full-time = 12 or more credits 9 or more credits Three Quarter = 9 to 11 credits Not applicable Half-time = 6 to 8 credits 6 to 8 credits < Half-time = 1 to 5 credits 1 to 5 credits Students attending less than half-time in any semester are ineligible for most forms of financial aid, with the exception of Pell Grants for needy students. William Peace University reserves the right to change, amend or discontinue scholarships/awards without notice. Awards may be adjusted if academic, enrollment or housing status changes Student Life beyond the classroom is an important part of a student\u2019s education at William Peace University. There are many diverse activities for student involvement in campus and community 35 affairs. The student can participate in social and professional organizations, special interest groups, cultural and social events, intercollegiate and intramural sports, the Peace Times newspaper or Peace\u2019s Literary Magazine, student government, and community service groups. Peace offers residential living as a part of the student\u2019s total educational experience, but commuting students are encouraged to be engaged on campus, too. It is hoped that every student will develop an interest in co-curricular activities group of students with a shared interest will find ready encouragement and support to organize a new club or activity Students are invited to join an academic honor society based on certain criteria. There is a spring induction ceremony. Alpha Chi National Honor Scholarship Society Since 1922, Alpha Chi\u2019s purpose has been to promote academic excellence and exemplary character among college and university students and to honor those who achieve such distinction. The William Peace University chapter is North Carolina Psi. To be eligible for membership in Alpha Chi, students must have completed at least 59 hours of credit with a minimum of 3.6 and must rank in the top 10 percent of their class. In the case of transfer students, at least 24 hours must have been completed at William Peace University, and both the overall and the must meet these standards. Beta Beta Beta Beta Beta Beta is a National Biological Honor Society. It is dedicated to improving the understanding and appreciation of biological study and extending boundaries of human knowledge through scientific research. To be eligible for membership, a student must have 1) a minimum average of \u201cB\u201d in at least four biology courses, 2) declared a major in biology, and 3) good academic standing overall. Gamma Sigma Sigma Gamma Sigma Sigma is a service organization for women; it has a long and proud history of providing service to our communities, developing life-long friendships and providing leadership opportunities for its members. Members must pay national dues. Omnicron Delta Kappa Omicron Delta Kappa, a national honor society for leadership, was chartered at Peace in April 2009. The Purpose of The Omicron Delta Kappa Society is threefold: first, to recognize those who have attained a high standard of efficiency in collegiate activities and to inspire others to strive for conspicuous attainments along similar lines; second, to bring together the most representative students in all phases of collegiate life and thus to create an organization which will help to mold the sentiment of the institution on questions of local and intercollegiate interest; third, to bring together members of the faculty and student body of the institution, as well as other Omicron Delta Kappa members, on a basis of mutual interest, understanding, and helpfulness. Phi Beta Lambda Phi Beta Lambda is that national organization for all students in post-secondary schools and colleges enrolled in programs designed to develop vocational and professional competencies and who accept 36 the purpose of Phi Beta Lambda (PBL) and subscribe to its creed. Students must become members of the national organization and pay dues. Psi Chi Psi Chi is the International Honor Society in Psychology. Its purpose is to encourage, stimulate, and maintain excellence in scholarship, and advance the science of psychology. Membership is open to students who are making the study of psychology one of their major interests, and who meet the minimum qualifications, including: second-semester sophomore status, completion of 9-credit hours of Psychology classes, established at Peace of at least 3.0, and a rank within the top 35% of the class (within sophomore, junior or senior year). Psi Chi is a member of the Association of College Honor Societies and is an affiliate of the American Psychological Association (APA) and the Association for Psychological Science (APS). Sigma Tau Delta Sigma Tau Delta\u2019s central purpose is to confer distinction upon outstanding students of the English language and literature in undergraduate, graduate, and professional studies. Membership in this honor society is available to juniors and seniors who have completed at least two English courses beyond introductory composition, who have at least a average in English, and who rank in the highest 35 percent of their class in general scholarship member of the Association of College Honor Societies, Sigma Tau Delta is composed of more than 560 chapters located throughout the United States, Europe, Canada, and the Caribbean Student Government Association serves as a liaison between the student body and the University. In addition sponsors and coordinates club activities, social events, notable speakers, and other events that enhance student life on campus. Officers and representatives are elected by the student body on an annual basis. The Executive Board serves as the principal leadership of the SGA. Campus Activities Board This organization, a part of the Student Government Association, is responsible for developing and implementing social, educational, and cultural activities that meet the interests of the student body and engage student participation and spirit on campus. Class Council Comprised of the class officers from each of the four classes, the Class Council works together to provide activities and uphold campus traditions. Class Council also has a representative on the Student Government Association (SGA) Executive Council. Commuting Around Raleigh Students (formerly known as Commuter Student Association) The mission of is to represent the views and concerns and encourage involvement of commuter students in campus activities meets regularly and plans many activities designed especially for commuter students throughout the year also has a representative on the Executive Council. The University recognizes that there is much diversity in the interests and needs of its commuter students. Studies indicate that commuter students who are involved in campus life enjoy 37 college more and tend to do better academically in comparison with those who limit their experiences to the classroom. Commuter students are encouraged to become involved in University Literary Magazine provides a vehicle for Peace\u2019s writers and artists to express their thoughts and ideas. The magazine is published annually. University Newspaper The Peace Times keeps the University community updated on campus happenings Ambassadors for Christ The group provides students with opportunities for religious community on campus. Students of all faiths and denominations may participate in Ambassadors for Christ. This group hosts a number of campus-wide events that help build community. Anthropology Club The purpose of the Anthropology Club is to provide interested students an opportunity to explore the subjects outside the classroom, sponsoring events such as educational speakers, informational sessions, discussion groups, and a service project. Biology Club The Biology Club, a chapter of the Collegiate Academy of the North Carolina Academy of Sciences (CANCAS) is open to all students with an interest in science activities include educational programs, community service projects, and field trips that promote scientific understanding Cheerleading Team The William Peace University Cheerleading Team performs at athletic home games and University- sponsored events and are leaders in building school spirit on campus. As ambassadors for WPU, the Cheer Team is responsible for representing the University within the Raleigh community at external events. The team engages the crowd in simple chants and traditional cheers; megaphones, signs and poms are utilized to assist with routines. There is a mandatory workshop and tryout process an individual must go through to be selected as part of the team. Defying Gravity Dance Organization This student organization is for students interested in dance. This student lead group will design and perform selected works throughout the year. The organization is open to all interested in dance. Gospel Choir The Gospel Choir promotes spiritual awareness and appreciation for gospel music. The choir periodically performs for chapel services and other special campus events. 38 Mosiac (formerly known as the Multicultural Student Association) The mission of Mosaic is to promote multicultural awareness and the appreciation of diversity. All students are welcome to participate. Pacer Pep Squad The Pacer Pep Squad supports school events, such as open house and alumni events as an ambassador of school spirit. The type of cheer, drill and dance performances are less structured and more rhythmic. The team incorporates items like glow sticks, poms, school flag and other items into their performances. The Pep Squad often performs a slightly similar kind of dance routine as the cheerleading team, although they differ in costume and style. All skill levels are invited to join the Pacer Pep Squad. Peace and the Community Together (PACT) Peace and the Community Together is William Peace University\u2019s community service organization that is open to all students plans and participates in local and national service projects, including, but not limited to: Service Saturdays, Autism Walk, Green Chair, Cans Across the Conference, etc. If any other club or organization would like to host a drive (canned goods, clothing, coats, etc.) or any other service activity must be made aware of the plans, and they will approve the community service effort. Peace Singers Celebrating music of all genres is key when it comes to the William Peace University Singers. With glee club ties dating back to the late 1800\u2019s remains dedicated to entertaining audiences with a vast repertoire including pop, classical, contemporary, country, swing, patriotic, Broadway, gospel and jazz. This multi-talented troupe represents the brightest and best from a variety of majors across the University. Known for their \u201csinging team\u201d approach, they consistently showcase the musical talents of the 15-30 vocalists through full ensemble selections as well as small groups and solo presentations. Maintaining excellence on and off the stage, this active ensemble also serves as the official ambassadors of William Peace University, singing for community events alumni and across the state all the while connecting the University to alumni, friends and communities beyond North Carolina. Photography Club The purpose of the Photography Club is to teach students how to use their camera, learn the art of good photography, and how to develop a photography portfolio. Psychology Club The Psychology Club provides students information about the world of psychology. Members enjoy educational information, fun, and help with career and graduate school planning. Society for Human Resource Management The William Peace University chapter of the Society for Human Resource Management provides students information about the world of human resources; opportunities to develop planning, organizing, and leadership skills; and the chance to build a network with area professionals and fellow students. Spectrum 39 Spectrum is dedicated to developing gay and straight student alliances on campus while promoting an appreciation of diversity. Members participate in several programs annually both on campus and in the Raleigh area. Student Athlete Advisory Council (SAAC) (SAAC) is committed to representing the concerns of athletes at William Peace University while striving to improve sportsmanship and unity by sponsoring various activities that will bring all sports together to support one another. Teacher Education Club The purpose of the Teacher Education Club is to provide interested students an opportunity to further explore education by sponsoring events such as educational speakers, informational sessions, discussion groups, and a service project. University Democrats The purpose of William Peace University Democrats is to provide information and support for students interested in becoming more involved in politics. University Republicans The William Peace University Republicans aim to educate the entire campus as to the political process and provide students with an environment in which they can speak on issues that are important. Women Against Violence Everywhere (W.E.A.V.E.) The purpose of W.E.A.V.E. is to bring awareness to students about the effects of bullying and many other forms of violence everywhere through education and seminars Upon entering William Peace University, each student is assigned a professional advising staff member who counsels the student about course selection, academic success, and other academic related issues. Academic advisors refer students to other counseling and support services when appropriate. Academic advisors are located on the second floor of Finch Library in the Learning Center. After a student\u2019s declares a major she/he is assigned a faculty advisor in her/his major. As long as a student has met the prerequisites for entry into a particular major, a student may declare his/her major at any time. In order to stay on pace for graduation in four years, it is highly advisable that a student declare a major no later than the second semester of the sophomore year. Throughout the sophomore year, the student will have many opportunities to help clarify the choice of major including access to the Career Center staff, \u201cExploring Majors and Careers\u201d workshops, the Majors Fair, and through their 200, Career and Leadership Development course The Bookstore is located on the second floor of Belk Hall. Textbooks, supplies, stationery, William Peace University apparel and memorabilia, convenience, and miscellaneous items are for sale during bookstore hours as well as on the bookstore website. Items may be purchased with cash, check, credit 40 card, or campus card (Pacer Card). The bookstore also sells postage stamps by the book. Some textbooks are available on a rental program. Textbooks may be sold back under the book buyback policy year round with the exception of the first week of classes each semester. The bookstore will accept returns in accordance with the following policies: a. Non-textbook items in resalable condition may be refunded or exchanged within 30 days of purchase with original receipt. b. Textbooks in resalable condition may be refunded with receipt within seven calendar days from the start of classes. c. In addition, upon proof of drop/add, the Bookstore will accept textbook returns until the end of the official drop/add period from students who have dropped a course. d. Rental books must be returned or converted to purchase by end of term date set by bookstore at the start of the semester. The bookstore accepts MasterCard, Visa, Discover and American Express charge cards; cash; checks; and Pacer Card. Identification is necessary when paying with credit card. The name on the credit card and identification must match. Bookstore Website: Bookstore hours: Monday through Thursday: 9 a.m. to 6 p.m. Friday: 9 a.m. to 3 p.m. Saturday: Open 11:30 a.m. to 1:30 p.m. Sunday: Closed The Career Center is open 8:00 a.m. to 5:00 p.m., Monday-Friday, all year. It is located on the first floor of Main. There is no charge for these services for Peace students or alumni. The Career Center is available to all alumni for life. The Career Center provides the student with a variety of services to assist with determining and accomplishing career goals. Specifically, the Career Center staff support the student in the: \uf0b7 exploration of college majors and career options through career counseling and interest, skill and personality assessments \uf0b7 applying for an internship experience \uf0b7 examination of post-graduation options, including help with graduate school and professional schools search and application process \uf0b7 preparation for a competitive job search through participation in job fairs, resume writing, mock interviews, and job search coaching Chaplaincy at William Peace University is affiliated with the Presbyterian denomination, the faith in which it was founded. However, today it is interfaith in nature, and exists to encourage, facilitate, offer advice and counsel, educate and serve as an example in matters spiritual and religious. 41 Free, confidential counseling services are provided on campus to all full-time, undergraduate students. Students can seek personal and emotional counseling, explore specific issues, and gain a better understanding of their feelings and experiences. Individual counseling is available for students who are having personal, social, and mental health issues. The counseling staff can assist in finding off-campus resources for those students that need ongoing counseling services. As interpersonal difficulties and emotional blocks to learning are resolved, most students find they become more effective, more committed, and more enthusiastic students Special workshop sections of College Algebra and Trigonometry 111-112) are available to students whose high school grades scores, or placement test scores indicate that they will need more intensive instruction than the regular sections include. These courses are designated as \u201cworkshop\u201d sections because they include two additional hours of contact with the professor each week and allow students more time for drills, questions, and test preparation. Workshop sections cover the same college-level material during the semester as do the regular sections and award three hours of credit course in composition 100) is offered for students whose and/or composition grades indicate a need for practice prior to taking 112. This course does not meet the composition requirement. It earns three credits developmental course in mathematics 097) is offered in the Fall semester for students who have and placement test scores that indicate a need for intensive mathematics review. This course does not count toward mathematics requirements; neither do the credit hours or grade count toward graduation requirements Finch Library is the academic resource center of the University, with collections selected to support the teaching efforts of faculty and the research and lifelong learning needs of students. Professional librarians maintain the collections and provide research assistance. The library contains over 47,000 books, with several million more available to students through agreements with local colleges and universities. Additionally the library provides comprehensive online resources containing full-text journals, magazines, e-books, and newspapers. Books and articles can also be requested for free from libraries across the country through interlibrary loan services. Inside the library, students will find computers, wireless internet access, the Peace Perk coffee bar, a classroom, group study rooms, the University archives, the Teacher's Curriculum Materials Center, various support services, and plenty of comfortable seating and workspaces The Foundations for Student Success 101) course is designed for all students who wish to improve their academic performance. Instruction in specific study skills is provided (e.g., time management, textbook reading, test-taking, etc.). Other course topics include motivating one\u2019s self to learn, developing personal responsibility, and utilizing individual learning styles and preferences. These skills and topics are reinforced in one-on-one academic coaching sessions with the professor in which students\u2019 academic progress is monitored. 42 Health Services are available to all full-time day students. Anyone wishing to see the physician or nurse must call Health Services at 919-508-2502 or stop by to schedule an appointment to be seen. All entering first-year and transfer students are required to have, on file in Health Services, a physical preferably within the last six months and an up-to-date immunization record The Office of Housing and Residence Life serves the residential needs of Peace students. Professional staff members are responsible for the overall maintenance and support of each of the residential communities. The Office works to provide an environment for students that is safe, secure, and supportive of the academic mission of William Peace University. Resident Directors (RDs), who live in the residential community, supervise undergraduate student Resident Assistants (RAs) who serve as resources and address student concerns throughout the year. The Office also works to provide programming that contributes to building communities which reflect mutual respect, civility, and social responsibility Learning Services staff provide free tutorial and writing assistance for all William Peace University students. The center offers one-on-one, personalized tutoring in math, statistics, chemistry, biology and other subjects where there is a demand for extra assistance. The peer tutors are trained and knowledgeable in working with diverse learning styles. Students consistently cite their tutoring experience as beneficial to their academic careers. Academic Success workshops are offered to students who feel they need assistance with developing various academic skills. These workshops target areas such as time management, how to study, test- taking, and motivation. The center also houses various print resources to assist students in writing research papers, reading comprehension, note-taking strategies, etc. Additionally, Learning Services serves as the home of the Disability Resource Center. In this capacity, the Learning Services staff ensure that eligible students with current documentation of physical or learning disabilities are accommodated appropriately During the summer, incoming students and their parents attend a pre-college orientation programs called Pacer Camp. Students plan their fall semester schedules with a member of the advising staff and meet other incoming students and faculty and administration members. Parents attend work- shops with University officials. In September and January, semester opening programs for new students are also offered. William Peace University orientation process for new students is designed to make the students\u2019 transition to college as rewarding and satisfying as possible The Pacer Track Program is designed to enhance the success of students whom the college deems to be in need of instruction in college study skills, as well as one-on-one coaching. Students accepted into the program are required to take the 101 course (mentioned above) during their first semester. Students in the program will also take the required first-year seminar course 100. Students must also register for a reduced course load (14 hours) their first semester reduced course load can help the student attain a satisfactory while mastering the transition to college. 43 (PSS) The program is designed for student learning on \u201cprofessional readiness\u201d upon graduation. The program is a sequence of three one-credit required courses and an upper-level three-credit internship experience. To demonstrate that they have acquired skills and abilities while in the program, each student must develop a portfolio of his or her best work and learning experiences Public Safety Officers are on duty 24 hours a day, seven days a week, throughout the year. In order to report a crime or any suspicious activity, Public Safety personnel can be reached at any time via telephone at campus extension 2401 or by dialing 919-833-2277. Public Safety Officers respond to complaints or disturbances, crimes, suspicious persons, motor vehicle- related problems, lockouts, and to any request for emergency assistance. Officers are responsible for performing investigations, preparing incident reports, and upholding the rules and regulations of the University, including housing regulations and the standards of conduct for students. Officers also note security-related problems such as broken windows and malfunctioning lights and locks. Services include Operation I.D., vehicle assistance services, escort service, and lost and found. Public Safety staff also assist in educational programs in addressing students in matters pertaining to alcohol/drug awareness, security awareness and other programs related to college life The Office of Student Activities oversees all student programming on campus. Student Activities oversees the Student Government Association, the Campus Activities Board, all student clubs and organizations, and New Student and Parent Orientation. In addition, the Office of Student Activities coordinates major events such as the Red Rose Ball, Family Weekend, and Fall Cocktail Supplemental instruction is available in biology, and chemistry. These are group tutoring sessions that seek to bolster students\u2019 understanding of classroom content William Peace University currently offers three men\u2019s and six women\u2019s teams, and two additional men\u2019s teams will begin Fall, 2013. The University is a member of the National Collegiate Athletic Association (NCAA) Division and competes in the South Athletic Conference. Men\u2019s Teams Women\u2019s Teams Club Sports Baseball* (Spring) Basketball (Winter) Cheer Team Basketball (Winter) Cross Country (Fall) Cross Country (Fall) Soccer (Fall) Golf (Fall) Softball (Spring) Soccer * (Fall) Tennis (Spring) 44 Volleyball (Fall) * Beginning fall, 2013 Peace also provides club sports activities for the cheer team which performs at multiple games and events throughout the year Intramural competition is spirited and includes teams from the residence halls, the commuter students, and the faculty and staff The Hermann Center contains basketball courts, aerobics and weight rooms, an athletic training room, intramural and cross fit space, and offices for the staff. It also includes four varsity locker rooms and a multipurpose function room. During the academic year, the Hermann Center is one of the busiest places on campus with intramural sports and recreational activities. The Hermann Center was completely renovated in 2012. The four Ragland Tennis Courts on campus are used for the tennis team and recreation. The Softball field provides space for our softball athletes, as well as pick-up games in kickball. Soccer teams play at the Wake Med Soccer Park in Cary. Golf\u2019s home course is the Golf River Ridge Golf Club in Knightdale, and the baseball team will play at the Baseball Complex in Cary Organization Full authority in all matters pertaining to William Peace University rests with the Board of Trustees. This policy-making body holds formal meetings each year. The Executive Committee of the Board of Trustees meets on call throughout the year. The President is the chief administrative officer of the University, acting upon the authority vested in her by the Board of Trustees. Policies Enrollment which begins at the time of admission, at William Peace University implies full acceptance of all University regulations, including those having to do with conduct. The University, in order to safeguard its scholarship and its moral atmosphere, reserves the right to dismiss any student whose presence is deemed detrimental. In such instances there will be no financial adjustments. 45 Insults, rudeness, or obscenities, either written or oral, directed at any member of the University community are specifically prohibited. Students or other University personnel engaging in such activity may expect to be separated from the University. As an institution of higher learning committed to providing the most constructive atmosphere possible for academic and personal advancement, William Peace University is particularly concerned about conduct such as sexual harassment. The University will not tolerate such conduct, either by students or by members of the faculty, administration or staff; and any person found to have engaged in such conduct will be subject to appropriate discipline, up to and including expulsion from the Peace community. In keeping with standards of academic ethics, Peace requires students and employees to uphold the copyright privileges of software vendors and to honor license agreements supplied with each software package used. The appropriate procedures for copying software, when permitted, are covered under U.S. copyright law. In this community of learning, willful disruption of the educational process, destruction of property, and interference with the rights of other members of the community will not be permitted. There will be prompt and appropriate action against the person or persons responsible. Students, faculty, administrators, and employees who are not in agreement with this basic philosophy are urged to sever their ties with the University Automobile Policy Any motor vehicles that will be kept on campus be registered with the Department of Public Safety. The Public Safety Department is charged with enforcing all rules and regulations pertaining to parking on University properties. Enforcement of these rules and regulations is managed through written violations, vehicle immobilization and/or towing of a vehicle. The parking rules and regulations are well publicized, and students should become familiar with them so as to avoid parking infractions. All student vehicles be registered and have a valid William Peace University parking decal permanently affixed in a visible spot. Forms for registering vehicles may be picked up in the Public Safety Office Monday \u2013 Friday from 8:00 a.m. to 5:00 p.m. Identification Card Each student is required to have an identification card (a Pacer Card) made at the time of registration. Replacement of the I.D. card costs $25.00; a student should go to the Student Accounts Office to replace a lost or stolen card. Students are required to carry their identification cards when on campus and present them when requested by a University official. Student Code of Conduct William Peace University seeks to promote the pursuit of activities that contribute to the intellectual, ethical, and physical development of the individual student as well as ensuring the safety of persons engaging in those pursuits. In accordance with its responsibilities as an institution of higher education and upon the approval and acceptance by the President of the University, William Peace University establishes policies of student conduct and regulations for the use of its facilities. Therefore, it is expected that students will conduct their affairs with proper regard for the rights of 46 others and of the University. All members of the University community share a responsibility for maintaining an environment where actions are guided by mutual respect, integrity, and reason. In seeking to encourage and support responsible behavior, William Peace University places reliance upon self-discipline, counseling, and advisement. In certain circumstances where these preferred means fail, Peace must rely upon the rules and procedures described in this Code. In the enforcement of this code, Peace functions in an administrative manner. Peace\u2019s process affords fundamental fairness, but does not follow the traditional common law adversarial method of a court of law. Individuals in violation of state and federal law are subject to prosecution by the appropriate state and federal authorities regardless of whether the activity occurs on or off campus. In addition, the student may be subject to disciplinary action by the University pursuant to this code. The severity of the imposed sanctions will be appropriate to the behavior. Notice: The reader should take notice that while every effort is made to ensure the accuracy of the information provided herein, William Peace University reserves the right to make changes at any time without prior notice. The University provides the information herein solely for the convenience of the reader, and, to the extent permissible by law, expressly disclaims any liability which may otherwise be incurred William Peace University designates the following items as \u201cdirectory information\u201d: student name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, most recent previous school attended and photograph, plus the parent\u2019s name and address. The University may disclose any of these items without prior written consent, unless notified in writing to the contrary by the second week after the start of a term The fee for copies is $2.00 per page \u2013 other than transcripts The Information Technology Office is responsible for the design, administration and management of Peace\u2019s information technology resources. Services provided include Peace e-mail accounts, storage space for personal web pages, and storage space for personal files. E-Mail Accounts All enrolled students are assigned an e-mail account through the Information Technology Office. Students should activate their account and use it regularly to check for important information regarding the University, especially as e-mail is considered the primary means of communication at Peace. Examples of information provided through e-mail include Pacer Alerts, class related faculty messages, and registration updates. Communication with a faculty member should be through your Peace e-mail account. 47 Information Technologies Policy This policy addresses the acceptable use of technology resources provided by William Peace University. Peace expects employees and students to use computers, networks, network access, telephones and other information technologies in a responsible, considerate, ethical, and lawful manner. Compliance with policies that ensure the security and integrity of all University information systems is mandatory and critical to ensure continuing provision of technological resources to the entire University community. This policy applies to all Peace students, faculty, and staff and to all users of technology resources that include, but are not limited to, equipment, software, networks, data, and telecommunications equipment, whether owned, leased, or otherwise provided by William Peace University. William Peace University understands that information technology has become vital to our educational purpose. Thus, William Peace University owns a variety of technological resources that are provided primarily to support its academic and administrative functions, such as education, research, academic development, and public service by the community. These technological resources enable users to locate and disseminate information, communicate and collaborate with others in a global setting, and build the necessary strategic technologies for the current and future needs of the University community. Use of University technology resources shall be consistent with local, state and federal law and in accordance with all University policies, codes, regulations, and procedures. All users are responsible for using technology resources in an efficient, responsible, considerate, ethical, and lawful manner. Disregard for the rights of authorship, including plagiarism, invasion of privacy, unauthorized access, and copy-right violations, may be grounds for sanctions against members of the University community. Access to technology resources is a privilege, not a right, and as such, can be withdrawn from those who use it irresponsibly. Users of University technology resources who are determined to have purposely violated any of the information technologies policies will be subject to disciplinary action up to and including suspension of access to technology resources and/or discharge, dismissal, suspension, or expulsion from the University and/or legal action. Acceptable Uses. University information technologies resources may be used for such purposes as instruction, independent study and research, and the official work of the University. Any information distributed by a user of University technologies must accurately identify the creator, distributor, and recipient of that information. Unacceptable Uses. University technology resources may only be used for legal purposes and may not be used for any purpose that is illegal, immoral, unethical, dishonest, damaging to the reputation of the University, inconsistent with the mission of the University, or that may subject the University to liability. Unacceptable uses include but are not limited to the following: \uf0b7 Harassment \uf0b7 Libel or slander \uf0b7 Fraud or misrepresentation \uf0b7 Destruction of or damage to equipment, software or data belonging to the University or to others \uf0b7 Disruption or unauthorized monitoring of electronic communications and electronically stored information 48 \uf0b7 Infringement of copyright or trademark laws or rights of others \uf0b7 Use of the University\u2019s logo without prior approval of the Vice President for Communications and Marketing. Violation of Computer System Security. The following are examples of, but are not limited to, violations of the University\u2019s Information Technology policy: \uf0b7 Unauthorized use of computer accounts, access codes (including passwords) or network identification numbers (including e-mail addresses) assigned to others \uf0b7 Unauthorized access to the University\u2019s information systems, Internet or other networked computers \uf0b7 Use of computer communications facilities in ways that unnecessarily impede the computing activities of others, such as randomly initiating interactive electronic communications or e- mail exchanges, abuse of interactive network utilities, etc. \uf0b7 Use of computing facilities for commercial business purposes unrelated to the University \uf0b7 Academic dishonesty \uf0b7 Violation of software license agreements \uf0b7 Violation of network usage policies and regulations \uf0b7 Violation of privacy \uf0b7 Posting, sending or accessing pornographic, sexually explicit, or offensive material \uf0b7 Posting, sending or accessing material that is contrary to the mission of the University \uf0b7 Intentional distribution of computer viruses, Trojan horses, time bombs, worms or other rogue programming. Confidentiality. The University will take necessary actions against anyone who violates the examples above or any other use of Information Technology that is deemed inappropriate up to and including dismissal from the University. Peace personnel or designees generally will not access content of user files unless subject to the following types of exceptions: the user gives prior consent, the University needs to ensure the security or operating performance of its systems or networks, the University has a reasonable concern that a violation of University policy or applicable law has occurred, or the University is complying with a valid subpoena or search warrant issued by a court of competent jurisdiction. While general content review will not typically be undertaken, monitoring of electronic information may occur for these reasons and others as necessary. Because Peace may need to access individual electronic information, users of University technologies do not have a reasonable expectation of privacy in their electronic information. Copyright Policies The intellectual work and property of others is respected in higher education and protected by law. Details of the U.S. Copyright Act of 1976 and the Digital Millennium Copyright Act of 1998 may be found at The Copyright Act establishes a four-factor balancing test to determine the \u201cfair use\u201d or reproduction of copyrighted works without the copyright\u2019s owner\u2019s permission, for such purposes as teaching and research, commentary, criticism or reporting. Otherwise, thru fair use, the copyright owner must give permission for the copyrighted material to be used or the law is broken. Copyright laws protect the right of the owner (author, playwright, artist, composer, etc.) to control the use of his/her work(s) by others. At a minimum, improper use of copyrighted materials will be 49 considered plagiarism and subject to the Academic Honest Policy. Violation of the Copyright Act may also lead to civil and criminal penalties. File sharing of copyrighted materials with others or illegally downloading copyrighted materials without purchasing them violates the U.S. law and in prohibited by University policy William Peace University encourages students to present their academic work at conferences and to compete in events related to their disciplines. Students regularly submit their work to the National Conference on Undergraduate Research (NCUR) and other discipline-specific conferences. William Peace University helps to support students who are presenting or competing as a member of the William Peace University community through some funding assistance Students have many opportunities for community service in the broader Raleigh community. This is organized through Student Services, and/or students are encouraged to bring their ideas forward, too. Selected classes will also afford students the opportunity to take on a project or assignment or a practicum in the community to learn more about the discipline of study (CRC) William Peace University is a member of Cooperating Raleigh Colleges (CRC). Through this inter- institutional consortium, consisting of William Peace University, Meredith College, North Carolina State University, Saint Augustine\u2019s University, and Shaw University, a Peace student may register for a class at any of the other four participating institutions. Inter-institutional courses typically are used for personal interest and academic enrichment, or to strengthen a major. Through Cooperating Raleigh Colleges a student may also participate in Army, Navy, Marines and Air Force programs. Our arrangement also allows students from the other four Raleigh institutions to attend classes at William Peace University. Students who desire cross-registration at one of the Cooperating Raleigh Colleges should request a registration form from the Office of the Registrar. Approval must be secured from the student\u2019s advisor, the Vice President for Academic Affairs, and the Registrar. Typically, approval will be granted only for courses not normally offered on the Peace campus, and, generally, these courses are open only to sophomores, juniors, and seniors. Approval granted to register for a Cooperating Raleigh Colleges class does not guarantee enrollment. Class availability is subject to departmental restrictions and class size limitations at the host campus. Enrollment is free as 50 long as the Peace student is a full-time student (12 credit hours minimum) and enrolled in at least 9 hours at Peace. Library and research facilities at all Cooperating Raleigh College participating institutions, including borrowing privileges, are available to William Peace University students. Interested students should consult the Director of Library Services Day students with an interest to pursue the highest academic standards of critical thinking, empirical reasoning, writing, and research may enroll in the Peace Honors Program. Specific honors classes are completed throughout the students\u2019 Peace academic career. Students usually join the Honors Program as a first- or second-year student in order to complete the requirements for graduation. All Honors candidates are expected to maintain an overall of 3.0 or better. If students fall below a 3.0 GPA, they will be placed on probation from the Honors Program until they can meet the requirement. Probation may prohibit students from taking Honors courses. Students in the Honors Program will be given priority registration and other enrichment opportunities to ensure that they have the maximum experience during their time at WPU. Students interested in this program may receive more information through the Vice President of Academic Affairs Office. Students completing the Peace Honor\u2019s Program will be recognized at graduation and receive a special notation of \u201cPeace Honors\u201d on the students\u2019 academic transcripts Interested students may include study abroad in their educational plans. Through the generous support of a fund endowed by Mr. and Mrs. W. Trent Ragland, Jr., as well as smaller scholarships provided by other donors, qualified students are eligible to receive grants to assist students in participating in various programs of international study full-time student with a cumulative of 3.0 or higher is eligible for consideration for Ragland grants if the student is returning to Peace the semester after the study abroad is completed. Recipients of Ragland grants are expected to have a serious interest in international study and to be ambassadors for the University and their country. Students at William Peace University can also participate in summer programs offered by other institutions or semester abroad programs. The junior year is ideal for participation in semester abroad programs. Please see the Vice President of Academic Affairs for information. The following policies govern William Peace University\u2019s provision of international travel: \uf0b7 All students and faculty traveling abroad on William Peace University international studies programs receive limited accident and sickness coverage through the University\u2019s Foreign Program insurance policy. The Business Office should be consulted for details. \uf0b7 All students will complete a medical form provided to them by the Office of International Studies. These forms will be kept confidential. \uf0b7 All students will return a waiver signed by the student and their parent/guardian to the Office of International Studies. \uf0b7 In case of program cancellation: 1. The University reserves the right to cancel a trip if there are concerns about the safety of students and faculty. 2. Trip cancellation/interruption insurance (covering airfare) is required for all program participants. If the travel company deems refunds or partial refunds are due, the 51 University will forward those refunds to students, with the exception of funds provided through the Ragland Travel Fund or other William Peace University donor funds. Additional trip insurance (beyond airfare) is also encouraged. 3 student who decides, after published deadlines, not to participate in a trip is liable for expenses (including repayment to the Ragland Travel Fund or other donor funds) not covered by trip cancellation insurance (490/491) Academic internships are open to second semester juniors and seniors and are required of each day student. These internships offer three to six credit hours of academic credit for planned and supervised work experience. During an internship, the intern is expected to have completed, or to be completing, at least three courses directly related to their major and to be currently enrolled in others. Students are required to work at the approved internship site for 120 hours. The student will apply the skills, knowledge, and theories developed in the classroom to professional work responsibilities. During the same semester the student is completing the internship, they are required to be enrolled in an internship class in their major. This class provides the student with internship supervision, advisement and transition services for career planning. While the student is expected to locate his/her own internship, Career Services has more than 200 internships posted on an internship web site and will assist in locating an internship that is relevant to the student\u2019s major and career goals. Career Services posts approved internships on a job posting web site (College Central Network). Internships are required for graduation. For information concerning academic internships, the student should contact Career Services or their academic advisor. No more than six hours of internship credit can be applied to graduation credit. The course 300 Workplace Connections, is a prerequisite for Internships in all majors. Over 60% of students annually get a job through their internship experience (ROTC) The mission of the is to commission the future officer leadership of the United States Army and motivate young people to be better Americans. Army develops self-discipline, responsibility and the confidence necessary to succeed in the Army or in a civilian career through recruiting, selecting, motivating, training, and retaining students who possess leadership potential graduates are leaders, thinkers and decision-makers. They meet problems Chair-on and solve them quickly. They know how to adapt to situations and take charge. They will find that their background and experience in can be a valuable asset if they decide to pursue a civilian career or a career in the Army. The practical experience they gain by completing Leader Development and Assessment Course (LDAC), and the advance course will determine their placement in active duty or reserve and the branch they will receive in the Army. The Military Science Program of Instruction is structured to develop and assess the following characteristics within students strong personal integrity, and a sense of duty strong sense of individual responsibility and accountability \uf0b7 An understanding of the principles of leadership, time management, and organizational structures \uf0b7 The ability to communicate effectively both orally and in writing general knowledge of the historical development of the U.S. Army and its role in support of national objectives \uf0b7 An understanding of military life as a commissioned officer to include opportunities and obligations \uf0b7 Promote the development of cadets\u2019 ethical and moral perspective 52 \uf0b7 The ability to apply principles of leadership, management, and tactics There are a variety of awards given annually to recognize student achievements. Bios Award in Biological Science: Established in 1990 by Peace faculty members Drs. Patricia L. Weigant and Lisa A. Bonner, this award recognizes outstanding biology majors. Chemistry Achievement Award for a First-Year Student: Sponsored by the Chemical Rubber Company, this award is given to the first-year student attaining the highest achievement in general chemistry. Elizabeth Gibson Taylor Prose Award: This award was established in 1982 to honor Elizabeth Gibson Taylor \u201822 for her interest in English studies. This award is presented annually to the student who has produced the most outstanding work of prose published in the University literary magazine. Excellence in Leadership Studies Award: The Excellence in Leadership Studies Award is given to an outstanding senior who is minoring in Leadership Studies. This award was created to recognize a Leadership Studies minor who has demonstrated excellence in their academic studies, campus leadership, and civic participation, and involvement in the Leadership Studies program and in developmental opportunities outside of courses. Ida Withers Currie Award: The Ida Withers Currie Award is given to the outstanding senior Business student chosen by the Business faculty. James Currie established this award in honor of his sister, Ida Withers Currie \u201829, a Peace graduate and former Business professor at Peace College. Jane Herring Wooten \u201937 Research Grants: Established in 1998 by Peace graduate and retired Raleigh pediatrician Dr. Jane Herring Wooten \u201937 and her husband Kenneth Wooten, for students conducting research projects in cellular and molecular biology. Katharine Bryan Sloan Graham Academic Achievement Award: Recognized annually at graduation, the award was established in 1969 in memory of Katharine Bryan Sloan Graham, the first student to matriculate at Peace in 1872. The award is presented to the graduating senior whose academic record places them at the top of the class and who, in the opinion of the faculty and administration, exemplifies commendable traits of citizenship, cooperation, and concern for others. Mary Pate Currie Award: This award was established in memory of Mary Pate Currie, Peace College class of 1923, by her family and friends. The award recognizes a rising William Peace University senior of high moral character who exemplifies the character of Mary Pate Currie. The selection is made annually by a committee of faculty members representing the areas of humanities and fine arts. The recipient will demonstrate high academic achievement and have a major in an area of the humanities, including the fine arts. Nancy J. Frazier Student Service Award: This award was established by former Peace President Dr. S. David Frazier in memory of his mother. The award is presented to a student in 53 student government who has demonstrated outstanding service to the University and her/his classmates. Outstanding Graduate Award: The University annually presents this award to a bachelor\u2019s degree graduate who, in the opinion of the faculty and administrative staff, is the outstanding member of the graduating class in academic, social, and religious leadership; in acceptance of their obligations; and in their general interpretation of the ideals of William Peace University. The Peace Times Award: The Peace Times Award is presented by faculty advisors to members of the Peace Times staff that have made the most significant contributions to the student newspaper during the year. Penny English Award: The late Celeste Penny, class of 1909, who taught English for many years in the North Carolina public schools, established this award in 1973. It is awarded to a first-year student chosen by the faculty of the English department for the most outstanding work in the first-year English classes. Penny Poetry Award: The Penny Poetry Award, established in 1977, is given annually to the student who has produced an outstanding work of poetry published in the University literary magazine. Psi Chi Research Award: This award was established in 2002 by the faculty of the psychology program to recognize excellence in psychology research. It is presented annually to the student chosen by the Psychology faculty who shows outstanding progress in the area of psychology research. W. Robert Everett Business Achievement Award: The W. Robert Everett Business Achievement Award Fund is given to an outstanding sophomore chosen by the Business faculty. Tyner-Crossno Award in History and Political Science: This award, established in 1987 by Dr. Wayne C. Tyner, retired Alumnae Professor of History, and Mr. John L. Crossno, retired Associate Professor of History, is given annually to a student who has taken at least nine semester hours in history and/or political science, who has done excellent work in those courses, and who has demonstrated seriousness of purpose in their studies The credit hour usually represents the in-class time commitment for each course during the week. The minimum full-time academic load is 12 credit hours or credits and the maximum full-time load is 18 credit hours or credits. Class load will be determined by a student in consultation with his/her advisor. An average load in a semester is 15-16 credit hours, with students on probation restricted to 12-14 credit hours. In order to be eligible to take more than 18 credit hours, the student must have the approval of the Vice President for Academic Affairs. An overload or underload should be undertaken 54 only after careful review with the student\u2019s advisor. The student will be charged for credit hours above the 18 credit hours per semester maximum. Normally, no first-year student may exceed 14-16 credit hours. Sophomores with a of 3.0 or above, juniors with a 2.7 or above, and seniors with a 2.4 or above, may take up to 18 credit hours Based on the number of credit-hours earned, students are recognized by class as follows First-year 0 - 29 Sophomore 30 - 59 Junior 60 - 89 Senior 90 credit at Peace is equivalent to one collegiate semester hour of credit or one credit-hour. One credit is awarded for each of the following: \uf0b7 One hour per week of class \uf0b7 Two hours per week of laboratory with one hour of out-of-class practice \uf0b7 Three hours per week of laboratory with no out-of-class practice. Usually at Peace, semesters are fifteen weeks which includes an exam period. The grades of are passing grades. Grade of is a failing grade. The grade of (Incomplete) is a temporary grade. Grades of (Withdrawn) and (Audit) are final grades carrying no credit. The quality of performance in any academic course is reported by a letter grade. These grades are assigned quality points as follows: Grade Grade Points per Credit- Hour 4.0 Excellent 3.0 Good 2.0 Average 1.0 Poor 0.0 Failure Only with the permission of the Registrar during Drop-Add with no grade point credit (see below Withdrawn within first 9 weeks or 60% of a semester with no grade point credit (see below temporary grade that must be reversed within six weeks (see below Courses on pass/fail basis 55 How to Calculate your Grade Point Average (GPA) The point value for each grade received is multiplied by the number of credit-hours for that course total of the grade points for the semester\u2019s courses is then divided by the overall credit-hours attempted to determine the semester grade point average perfect average would be 4.0 (\u201cA\u201d). The semester grade point average includes only grades received in a given semester. The cumulative grade point average is a measure of the student\u2019s total coursework attempted at William Peace University. To figure the cumulative grade point average, the total number of grade points (the sum of all course grades multiplied by their grade point values) is divided by the total number of credit- hours attempted. Grades of \u201cAU\u201d and \u201cW\u201d have no effect on number of hours attempted or earned grade of \u201cP\u201d is counted toward hours earned, not hours attempted, and does not have a quality point value. Grades of \u201cF\u201d are included in hours attempted but represent no earned hours and 0.00 grade points. Grade Reports and Transcripts Semester grade reports are available on the MyPeace portal. Grades cannot be reported by phone. At mid-semester, a student doing less than satisfactory work in a course will receive a Mid-term Deficiency Report. In accordance with the 1974 Family Educational Rights and Privacy Act, which regulates the access to and release of academic records, official transcripts may be ordered from the Peace web site ( Click on the link \u201cFor Students,\u201d select the \u201cRegistrar\u2019s Office\u201d link, then select the \u201cObtaining Transcripts\u201d link, and login to the National Student Clearinghouse secure website. The is All official transcripts must be requested and paid for online through the National Student Clearinghouse processing fee is charged for each transcript mailed. An official transcript will not be issued for a student who has an outstanding financial obligation to the University. Students may obtain unofficial transcripts by logging into the MyPeace portal. Latin Honors Latin Honors will be conferred on graduating seniors whose cumulative grade point average meets the following criteria: Required Cumulative Honors 3.9 \u2013 4.0 Summa Cum Laude 3.75 \u2013 3.9 Magna Cum Laude 3.6 \u2013 3.75 Cum Laude transfer student must earn a minimum of 60 semester credit hours at William Peace University to be eligible for Latin Honors. In order to be recognized as valedictorian, a student must have earned at least 90 credits at William Peace University. William Peace Honors Scholar \u2013 This program allows a day student to receive recognition at Commencement as graduating with Honors. See the section on the Honors Program under Academic Opportunities. 56 Dean\u2019s List The Dean\u2019s List shall include all students (1) who are full-time students, (2) who maintain at least a 3.30 cumulative during the semester, (3) who have grades of or better in all subjects, and (4) who are in good academic standing. Students earning a cumulative of 3.70-4.0 will receive the designation of Dean\u2019s List with Distinction. Cancellation of a Course by the University The University may cancel a course or section of a course for various reasons. Students enrolled in a canceled course will be enrolled in another course Prior to the beginning of classes, a student may make necessary schedule changes online or in the Registrar\u2019s Office. After the beginning of classes in order to drop or add a course, a student must obtain approval from their advisor, the instructor of the class, and the Registrar. Any student dropping a course without following this procedure will receive an \u201cF\u201d in the course student dropping a course during the add/drop period for each semester will have that course removed from his/her transcript. No student will be allowed to drop courses after the last day to drop a course as indicated on the academic calendar, unless it is an approved medical withdrawal. Any student who voluntarily or involuntarily leaves the University after the last day to drop a course of the semester will receive a grade of \u201cF\u201d for each course in which they are enrolled student may audit any course at Peace with the permission of the professor and provided there is space available. No credit will be given, and the grade of \u201cAU\u201d will appear on the transcript. The student may only select to audit during the Add/Drop period of the semester maximum of 90 credit hours may be accepted from regionally-accredited institutions. Only credits with a grade of \u201cC-\u201d or higher will be accepted. Transfer credits are not used in the computation of GPA. The transfer of credit is always subject to the requirements for degrees and residency. Students wishing to take courses at other institutions after being accepted for matriculation at William Peace University must secure the written prior approval of each course from the Registrar otherwise the transfer credits may not be applicable to the student\u2019s degree at William Peace University. Transfer credit is added to the student\u2019s William Peace University record at the request of the student. The University will accept the transfer credit for such courses in which a grade of \u201cC-\u201d or better was earned Several courses offered at William Peace University fit more than one requirement. In some situations, a student taking such a course can count it toward multiple requirements; in other situations, such \u201cdouble-counting\u201d, it is not allowed. Listed below are some common double-counting scenarios along with the university policy. If you are confused about a policy or uncertain as to how it applies to your own situation, contact your Advisor maximum of 2 courses (no more than 6-8 credit hours combined) are permitted to be double counted according to the following rules: 57 \uf0b7 Count toward a Liberal Education requirement and a Major requirement \uf0b7 Count toward Liberal Education requirement and a Minor requirement \uf0b7 Count toward Liberal Education requirement and a Concentration requirement \uf0b7 Count toward two majors \uf0b7 Count toward a Major and a Minor \uf0b7 Count toward a Major and a Concentration \uf0b7 Count toward two different minors \uf0b7 Count toward two different concentrations If any of the above restrictions prevent a student from completing a specific major, minor, or concentration, the student will need to contact their faculty advisor to determine if an acceptable course substitution exists. All exceptions must be approved by the advisor and the Vice President for Academic Affairs. Double counting a course requirement does not affect the total number of credits required for graduation The course repeat policy will not be applied automatically to a student\u2019s GPA. After completing the second attempt of a course, a student must submit a request for adjustment form to the Registrar\u2019s Office grade received in an initial attempt will be replaced in the calculation of the by the grade received in any second attempt of the same course (unless the repeat grade is an or W). All grades received in second and subsequent attempts will be included in calculations. All attempts of a given course will appear on the official transcript with the grade(s) earned. The course repeat must be taken at WPU. Courses in which the student fails, due to a violation of the Academic Dishonesty Policy, are not eligible for adjustment. Students are strongly encouraged to meet with their academic advisor to determine whether re- enrollment is advisable. Further, students should be aware that repeating a course may have an impact on financial aid, insurance, entrance to professional schools, participation in athletics, immigration status, and other non-academic matters. The academic status of a student in a given semester will not change as a result of repeating a course If a student believes that the grade received in a course was assigned in error or arrived at unfairly, or if the assigned course grade is not supported by the policies and procedures distributed in the course syllabus, they may file an appeal to have their grade reviewed. The appeal procedure may not be used to challenge a grade that results from a faculty member exercising usual and customary professional judgment in the evaluation of student work. No grade may be appealed after three months from the issuance of the grade. 58 1 student who believes an error has been made in his/her grade in any class should attempt to resolve the issue informally with the faculty member. 2. In the event that an informal resolution does not occur, the student should promptly (within two weeks of speaking with the instructor) submit an appeal in writing, with supporting evidence, to the Program Coordinator. The Program Coordinator will then arrange a meeting with the student within two weeks, review the appeal and supporting evidence, meet with the instructor, and resolve the problem, providing the student with written notification. 3. If the student remains unsatisfied with the Program Coordinator\u2019s decision, he/she may submit a written appeal to the Vice President for Academic Affairs, within two weeks of receiving written notification from the Program Coordinator, and request a meeting. Following this meeting, the Vice President will make a final decision, thereby concluding the matter William Peace University expects students to attend all classes and laboratories for which they are registered, believing that regular class attendance and participation are an essential part of a student\u2019s educational program. The instructor in each course will announce the attendance policy for that course at the beginning of each semester. It will be the responsibility of the student to meet these standards. Faculty members keep daily attendance records and report a summary total of all absences to the Registrar at the semester\u2019s mid-point and end. After 3 consecutive absences, the faculty member may request that the advisor start an inquiry about the student\u2019s absences An Incomplete (I) grade may be issued for a course in which a substantial portion of the class work has been satisfactorily completed as of the end of the semester. The Incomplete grade can be recorded only when the completed portion of the student\u2019s work is of passing quality and thus the student has the potential to pass the course. The grade of Incomplete is reserved for exceptional circumstances that prevent a student from completing coursework by the time that grades must be submitted. Examples of such circumstances include serious illness, emergency, and/or extreme hardship. An Incomplete typically is not granted when a student has missed more than 30% of the class work. Should the faculty member agree to assign a grade of Incomplete, the student has six (6) weeks to complete all unfinished work. Upon submission of the completed work, the faculty member completes a grade change form and submits it to the Office of the Registrar. If the student has not satisfactorily completed the work by the end of six weeks, the instructor will submit the grade earned including 0 for unfinished work, to the Office of the Registrar Students are permitted to withdraw from a course until the end of the 9th week (or 60%) of the semester with a grade of \u201cW\u201d (a \u201cW\u201d grade designation has no impact on the number of credit-hours attempted or earned). After the 9th week or 60% of the semester, before the last day of class, and before taking the final exam, a student may petition for a withdrawal provided they have a documented mitigating circumstance. All petitions for withdrawal after the 9th week or 60% of the semester must be approved by the faculty and the Vice President for Academic Affairs. Students exercising this option should consult with their academic advisor and should bear in mind that full- time students are not allowed to carry fewer than 12 credits. (Dropping below 12 credits or full-time could affect a student\u2019s housing and/or financial aid.) 59 Once a student has gone past the last class of the semester where a grade of \u201cW\u201d is appropriate, the student will be considered to be in the course for an or grade In any regular semester that a student is not enrolled in a program requirement they must enroll in 199 - Continuous Enrollment. This course does not count toward degree requirements. Registration must take place during the registration periods as published in the University calendar. There is a fee for Continuous Enrollment (see Special Fees section student may enroll in 199 for 1 semester. One additional consecutive semester of continuous enrollment may be requested and must be approved by the of Academic Affairs. If a student has a break in enrollment for one semester, without registering for 199 for that semester, they will be considered withdrawn from the university and will need to go through the readmission process to return. The Continuous Enrollment fee is waived for military students who are called to duty. For further information please contact the Registrar's Office To make satisfactory academic progress toward the baccalaureate degree, the student is expected to earn at least the cumulative listed for the indicated number of credit hours attempted minimum of 2.0 is required for graduation Students must meet the following according to credit hours attempted: Hours Attempted Required Minimum (to include transfer credit) Cumulative 1 \u2013 31 1.50 32 \u2013 59 1.75 60 or more 2.00 Individual majors/minors may have additional standards for admission to and/or advancement within the discipline. Students are responsible for familiarizing themselves with the specific requirements of their programs and are encouraged to seek clarification from their advisor when necessary. Students are responsible for ensuring that they are meeting all academic requirements for graduation Academic probation automatically will be assigned at the close of any semester (Fall, Spring and Summer) in which the student fails to meet the minimum cumulative requirement established under the Academic Progress section in this Catalog. Full-time students placed on probation must achieve the specified minimum cumulative requirement after completing the next semester of enrollment or must show clear progress of at least a 2.00 on 12 credit hours earned during the probationary term. Non full-time students placed on probation must achieve the specified minimum cumulative requirement after completing the next 12 credit-hours and/or must show clear progress of at least a 2.00 on a minimum of two 3-credit hour classes during the probationary term student will be removed from probationary status if the stated cumulative is achieved. If the indicated is not met but a 2.00 on 12 credit hours has been earned during the probationary semester, a student will be continued on probation for one additional semester to achieve the required cumulative GPA. 60 student on academic probation is restricted to 12-14 credit hours of course work, unless a heavier load is approved by the advisor and the Vice President for Academic Affairs. The student has the option to retake courses (see the Course Repeat Policy section). The student should consult his/her advisor frequently to monitor progress. No student on academic probation may hold office in any University organization, participate in any intercollegiate event or program, including intercollegiate athletics, or otherwise represent the University publicly student on academic probation is expected to attend all classes. The student may participate in student organizations or intramural athletics. Participation in intercollegiate athletics is also subject to the regulations of the National Collegiate Athletic Association and other athletic associations in which the University holds membership. When a student\u2019s overall is 2.0 or above, academic probation does not prohibit participation in co-curricular activities, as previously described. Students who are placed on academic probation receive the following assistance: 1. They are encouraged to report to their advisor to review their course schedule and their study habits. 2. Students on probation are encouraged\u2212and may be required\u2212to register and earn a passing grade in 101: Foundations for Student Success. 3. The Vice President for Academic Affairs and the Registrar are available by appointment to assist students in planning a program to help them improve their academic records. 4. They may be required to identify a mentor and sign a contract to ensure success. If a student receives less than a 1.0 in any one semester, taking 9 or more credits, the student will be academically suspended if her/his cumulative is less than a 2.0 GPA. If a student earns less than a 1.0 in any one semester taking 9 or more credits and has a of 2.0 or better, the student will be placed on academic probation. Students earning a 1.0 or less in their first semester may be academically suspended student on academic probation who fails to meet the conditions stated in the previous section on Academic Probation will be suspended academically from the University student placed on Academic Suspension may not continue enrollment at William Peace University for a period of at least 5 months. The suspended student may apply for reinstatement after the 5 month period has elapsed. The application for reinstatement must provide written evidence which demonstrates the potential for future academic success. The application must be submitted to the Vice President for Academic Affairs at least four weeks prior to the semester start date. The application will be reviewed to determine if there is reason to expect academic success upon reinstatement. Probationary status is not a necessary prior condition for academic suspension new student who fails to earn a of 1.00 may be suspended at the end of their first semester. Also, a student may be suspended for lack of progress if evidence of eventual academic success is lacking, or if it becomes clear to University personnel that the student has forfeited responsible academic citizenship by: a. persistent failure to complete classroom assignments 61 b. habitual class absence c. disruption and disturbance of fellow students d. cheating or plagiarism An academically-suspended student may appeal to the Vice President for Academic Affairs in writing upon receipt of notification. Any extenuating circumstances or other information to be considered should be included in the written appeal by the deadline indicated If a student is suspended twice, the student will be dismissed and ineligible to return If you are a student who returns to the University after a separation of five (5) years or more, you may petition for academic renewal. The request must be in writing and submitted to the for Academic Affairs. If you are found to be eligible for academic renewal and grades earned prior to re-enrollment will be deleted from the cumulative and curriculum grade point average (GPA), subject to the following conditions: 1. Final approval of the petition for academic renewal will occur after you demonstrate a renewed academic interest and effort by earning at least a 2.50 in the first twelve (12) credit hours completed after re-enrollment. If you do not achieve the 2.50 after the first twelve credit hours, academic renewal is automatically terminated. 2. All grades for credit courses received at the University will be a part of your official transcript. 3. You will receive degree credit only for courses in which grades of or better were earned prior to academic renewal, providing that such courses meet current curriculum requirements. 4. Total hours for graduation will be based on all course work taken at the University after readmission, as well as former course work for which a grade of or better was earned, and credits accepted from other colleges or universities. 5. The academic renewal policy may be used only once and cannot be revoked after approval by the for Academic Affairs An appropriate degree is awarded to each student who fulfills the following requirements: 1. Completes all of the admission requirements. 2. Have fulfilled all of the course work and credit hour requirements of the curriculum as outlined in the Catalog. The catalog to be used to determine graduation requirements is the one in effect at the time of your declaration of major for the degree in which you are graduating, or any subsequent catalog of your choice from an academic year in which you attended William Peace University. The catalog to be used in certifying your graduation shall have been in effect no more than eight years prior to the semester of graduation. 3. Achieves a cumulative grade point average of 2.0 on all academic credit applied toward the degree earned. 62 4. Achieves a grade point average of 2.0 on coursework in the student\u2019s major and in selected concentration or minor for the baccalaureate degree. 5. 30 of the last 36 credit hours, for the baccalaureate degree, must be completed at WPU. 6. Resolve all financial obligations to the university and return all materials. 7. Submission of a graduation application by the appropriate deadline. 8. Satisfactory participation in the University\u2019s Assessment Program. Students are responsible for understanding and meeting all degree requirements for their programs of study for graduation student must complete the baccalaureate degree within eight (8) years of initial enrollment or their transcript will be reviewed to determine whether courses should be retaken. Also, a student may not register for further course work following the semester in which 160 semester hours of credit have been earned. Any exception to the time and credit limitations requires special written permission from the Vice President for Academic Affairs allows students to graduate in the fall, spring, and summer semesters. At the beginning of the semester in which a student anticipates the completion of his/her graduation requirements, a student must submit a Graduation Application to the Registrar\u2019s Office. The deadline to apply for graduation each semester is as follows: Semester Deadline Spring February 15 Summer June 15 Fall October 15 Once the student completes his/her final semester and all grades have been submitted and finalized, the Registrar will review the student\u2019s academic record and requirements in order to verify graduation eligibility. For students completing all requirements for graduation, the official diploma will be mailed within 8 \u2013 10 weeks after verification. All financial obligations must be met before the diploma will be sent. There is one commencement ceremony each year which is designed to honor all graduates from that academic year. The commencement ceremony takes place each May. All students who graduated in the summer semester and the fall semester, along with the students completing their graduation requirements in the spring semester, are welcome to participate in the commencement ceremony. In addition, any student, who is otherwise eligible for graduation and has no more than seven (7) credit hours remaining to complete all degree requirements by the end of the spring semester, is welcome to participate in the commencement ceremony. The Graduation Application reflects a student\u2019s anticipated semester of graduation and indicates participation in the commencement ceremony. If all credits are not completed by the commencement ceremony, any potential Latin honors recipients are ineligible to wear the honor cords at the ceremony PROCEDURES: 63 Full-time day students who elect to leave William Peace University for reasons other than graduation officially withdraw from the institution. \uf0b7 Non-attendance does not relieve a student of his/her financial obligations nor entitle a student to financial aid or a refund. \uf0b7 The date of the last day of attendance will be considered the official withdrawal date. \uf0b7 Students who plan to withdraw from the University after a semester has ended may file a withdrawal to be effective at the end of the semester. The withdrawal between semesters be completed prior to the beginning of the next semester in order to avoid incurring additional financial obligations. \uf0b7 Official withdrawal requires the student to pick up a University Withdrawal Form from the Registrar\u2019s Office and have it signed by various departments. Once the student has all of the signatures, the University Withdrawal Form should be returned to the Registrar\u2019s Office. It is the responsibility of the student to read and understand the complete withdrawal and refund policy. Questions regarding the financial impact of the withdrawal should be directed to the Business Office and the Office of Financial Aid. You should visit or speak with the Office of Financial Aid to withdrawing from William Peace University to review your account and give you an estimate of the financial impact. Upon withdrawal, a resident student should immediately contact their with the date and time of their departure student has 24 hours after withdrawing to remove his/her belongings, formally check out of the room, return the residence key, and turn in the student card. \uf0b7 Any adjustments to the 24-hour policy must be approved in advance by the Residence Life Director. \uf0b7 You will be fined for failure to return the key. \uf0b7 To avoid any cleaning or damage charges, make sure your room is clean and in the same condition as when you moved into it. \uf0b7 You may be assessed a fee if any personal belongings are left in the room after your departure. Belongings left behind may be discarded. After the withdrawal, William Peace University will complete the calculations for refunding of Institutional Charges and Financial Aid financial audit is completed upon the account of a student upon withdrawal. Students who withdraw in the month of December may have the final damage charges added to the account in the month of February due to the December/January break. Withdrawal Policy and Refund Schedule (Full-Time Undergraduate Day): This policy applies to all full-time day students (resident and commuter students) who are withdrawing completely from William Peace University. The room and board percentages are applied to students who change from a Resident to a Commuter status within a term. There are official documents that need to be completed and signed in order for a student to officially withdraw from the University withdrawal is considered to be effective as of the last day of academic attendance. 64 Students who are dismissed or suspended from the University and/or from University housing for disciplinary reasons or violations of local, state, or federal law are not entitled to any pro-rate of tuition, room, board, or fees. They will be held responsible for all the institutional charges, disciplinary fines, and any other charges that are applied to their account. However, please note that the Financial Aid award will be re-calculated according to the guidelines of Financial Aid and Withdrawals. Institutional Charges and Institutional Financial Aid and Withdrawals: Withdrawal Completed within so many Class Days (Monday thru Friday) Student Responsibility Tuition % Student Responsibility Board % Student Responsibility Room % Student Responsibility Fees % Deposits Forfeited / Returned Institutional Financial Aid Percentage kept by the Student to apply to his/her Account ** First week 0% 0% 0% * 0% Tuition deposit is forfeited and housing deposit is forfeited 0% Second week 40% 40% 100% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 40% Third week 60% 60% 100% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 60% Fourth week 80% 80% 100% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 80% After Fourth week 100% 100% 100% 100% Housing deposit remains as a credit on student account. Tuition deposit is forfeited 100% * For withdrawals during the first five class days, the meal plan amount will be fully refunded with the exception of any monies spent on the student\u2019s Pacer Card which will be added as a charge to the student account. ** Students receiving Federal and State Financial Aid should see the next section for details, too. Withdrawal and Return of the Funds (R2T4) Policy: Introduction The return of Title funds is administered by the William Peace University (WPU) Office of Financial Aid (OFA). The Return of Title Funds regulation does not dictate the institutional refund policy. The calculation of Title funds earned by the student has no relationship to the student\u2019s incurred institutional charges. Therefore, the student may still owe funds to to cover unpaid institutional charges. 65 The following policies will help you to understand that a withdrawal potentially affects students academically as well as financially. We encourage students to read all the information below prior to making a final decision. How a Withdrawal Affects Financial Aid Title funds are awarded to a student under the assumption that they will attend school for the entire period for which the assistance is awarded. When a student withdraws from all their courses, for any reason including medical withdrawals, he/she may no longer be eligible for the full amount of Title funds that he/she was originally scheduled to receive. The return of funds is based upon the premise that students earn their financial aid in proportion to the amount of time in which they are enrolled pro-rated schedule is used to determine the amount of federal student aid funds the student will have earned at the time of the withdrawal. Once 60% of the semester is completed, a student is considered to have earned all of their financial aid and will not be required to return any funds recipient of federal financial aid Title funds is subject to a recalculation of their Title eligibility if they: \uf0b7 Completely withdraw from all classes prior to the 60% point of the semester \uf0b7 Stop attending all their classes before completing the semester \uf0b7 Earn no passing grades in the semester How the Earned Financial Aid is Calculated Students who receive federal financial aid must \u201cearn\u201d the aid they receive by successful completion of enrolled classes. The amount of federal financial aid assistance the student earns is on a pro-rated basis. Students who withdraw or do not complete all registered classes during the semester may be required to return some of the financial aid they were awarded. Institutions are required to determine the percentage of Title aid \u2018\u2019earned\u201d by the student and to return the unearned portion to the appropriate federal programs. Regulations require schools to perform calculations within 30 days from the date the school determines a student\u2019s withdrawal. The school must return the funds within 45 days of the calculation. The R2T4 calculation process and return of funds is completed by the Office of Financial Aid. The following formula is used to determine the percentage of unearned aid that has to be returned to the federal government: \uf0b7 The percent earned is equal to the number of calendar days completed up to the withdrawal date, divided by the total calendar days in the payment period (less any scheduled breaks that are at least 5 days long). \uf0b7 The percent unearned is equal to 100 percent minus the percent earned. Institutional funds are recalculated based on the William Peace University refund policy. If you are withdrawing before the end of the semester you will be responsible for the following percentage of tuition and fees for the semester: 66 \uf0b7 Withdrawal during the first week 20% \uf0b7 Second week 40% \uf0b7 Third week 60% \uf0b7 Fourth week 80% \uf0b7 After four weeks 100% Steps in the Return of Title Funds Step 1: Student\u2019s Title information will determine: \uf0b7 The total amount of Title aid disbursed for the semester in which the student withdrew student\u2019s Title aid is counted as aid disbursed in the calculation if it has been applied to the student\u2019s account on or before the date the student withdrew. \uf0b7 The total amount of Title aid disbursed plus the Title aid that could have been disbursed for the semester in which the student withdrew. Step 2: Percentage of Title aid earned will calculate the percentage of Title aid earned as follows: The number of calendar days completed by the student divided by the total number of calendar days in the semester in which the student withdrew. Days Attended \u00f7 Days in Enrollment Period = Percentage Completed If the calculated percentage completed exceeds 60%, then the student has \u201cearned\u201d all the Title aid for the enrollment period. Step 3: Amount of Title aid earned by the student will calculate the amount of Title aid earned as follows: The percentage of Title aid earned multiplied by the total amount of Title aid disbursed or that could have been disbursed for the term in which the student withdrew. Total Aid Disbursed x Percentage Completed = Earned Aid Step 4: Amount of Title aid to be disbursed or returned \uf0b7 If the aid already disbursed equals the earned aid, no further action is required. \uf0b7 If the aid already disbursed is greater than the earned aid, the difference must be returned to the appropriate Title aid program. \uf0b7 If the aid already disbursed is less than the earned aid, then will calculate a post- withdrawal disbursement Types of Withdrawals For financial aid purposes there are two types of withdrawals: Official and Unofficial. \uf0b7 Official: Official withdrawal from William Peace University by the student. To begin the official withdrawal, the first point of contact is the Dean of Students. \uf0b7 Unofficial: Federal financial aid regulations consider a student to be an unofficial withdrawal if the student stops attending all classes before completing the semester and earns no passing grades in the semester 67 Determination of the Withdrawal Date The withdrawal date used for R2T4 is the actual date indicated on the official drop form. If a student stops attending classes without notifying William Peace University, the withdrawal date will be the midpoint of the semester or the last date of academic activity determined by WPU. Additional documentation supporting the last date of academic activity may be provided by the student if they verify a later date of attendance than determined by WPU. Withdrawing Prior to Completing 60% of a Semester Unless a student completes 60% of the term in which federal aid was disbursed, the student will be required to return all or part of the financial aid disbursed in the term. This applies to students who have officially (including medical), or unofficially withdrawn. When a Student Fails to Earn a Passing Grade in any Courses If the student has failed to earn a passing grade in at least one course for the semester, federal regulations require the school to determine whether the student established eligibility for financial aid. Eligibility is based on if the student attended at least one class or participated in any William Peace University academic related activity. All disbursed funds must be returned to the respective federal and institutional aid programs if the student cannot prove that they began attendance. Students Who Receive All Failing Grades at the End of the Semester Financial aid is awarded under the assumption that the student will attend William Peace University for the entire semester for which federal assistance was disbursed student who fails all of their classes in a semester may be subject to a R2T4 calculation. If a student \u201cearned\u201d at least one of their F\u2019s (attended class until the end of the semester and received an for poor performance), then no calculation is required. When the student has failed to earn a passing grade in at least one course for the semester, federal regulations require the school to determine whether the student established eligibility for funds disbursed by attending at least one course or participating in any academic- related activity during the semester. If the school cannot verify that the student attended, then a R2T4 calculation is required based on the last date of confirmed attendance. If a last date of attendance cannot be determined the 50% point of the semester will be used on the withdrawal date. The students Student Account will be charged and the student will be responsible for any balance due. Students who are able to verify attendance beyond William Peace University\u2019s records may submit supporting documentation to OFA. The student must submit supporting documentation within 30 days from the last date of the semester or the date of R2T4 notification, whichever is last. Recalculations for aid eligibility will not be performed for documentation received after that date. Repayment Calculation Process Once grades are posted for the student who receives all failing grades will return all unearned aid back to the federal and institutional programs and the student's Student Account will be charged will mail a revised financial aid award letter along with a Student Account Statement to the student's permanent address. The student will be responsible for any balance due statement reflecting these changes will also be sent to the student\u2018s permanent address by the Office of Student Accounts. 68 Definition of an Academic Related Activity Examples of William Peace University academic-related activities include but are not limited to physically attending a class where there is an opportunity for direct interaction between the instructor and students. Proof of participation: \uf0b7 Exams or quizzes \uf0b7 Tutorials \uf0b7 Computer-assisted instruction \uf0b7 Completion of an academic assignment, paper or project \uf0b7 Participating in an online discussion about academic matters \uf0b7 Initiating contact with a faculty member to ask a question about the academic subject studied in the course required study group/group project where attendance is taken Documentation not acceptable as proof of participation: \uf0b7 Student's self-certification of attendance that is not supported by school documentation \uf0b7 Verification of Enrollment form issued by the Registrar's Office \uf0b7 Living in housing \uf0b7 Participating in the school\u2019s meal plan \uf0b7 Participating in academic counseling or advising Repayment Calculation of Unearned Aid as a Result of a Withdrawal As a result of a withdrawal, students who received federal funds will be required to repay \u201cunearned\u201d aid. The repayment calculation is performed utilizing the federal government's repayment worksheet: \"Treatment of Title Funds When a Student Withdraws from a Credit-Hour Program\" The amount of the assistance earned is determined on a pro-rated basis. For example, if a student completed 30% of the term, they have earned 30% of the assistance they were originally scheduled to receive. Once a student has completed more than 60% of the term, the student earns all the assistance they were scheduled to receive for the term. Student Notification of Repayment revised financial aid award notification outlining the amount of the federal and institutional funds earned along with the federal government's repayment worksheet will be mailed to the student's permanent address. William Peace University will return funds on the student's behalf to the appropriate federal and institutional aid program(s) and adjustments to the student\u2019s Student Account will be made reflecting the changes statement reflecting these charges will be sent to the student. The student is responsible for all charges and overpayments resulting from a Return of Title calculation. Repayment to Federal Aid Programs Federal regulations require that the following aid programs be subject to the repayment calculation if the student did not attend 60% of the term: \uf0b7 Federal Direct Loans: Unsubsidized and Subsidized \uf0b7 Federal Direct Parent Loans \uf0b7 Federal Pell Grant \uf0b7 Federal Supplemental Educational Opportunity Grant (FSEOG) 69 Loans must be repaid to the lender by the borrower (student/parent) as outlined in the terms of the borrower\u2019s promissory note. The student\u2019s grace period for loan repayments for Federal Unsubsidized and Subsidized Stafford Loans will begin on the day of the withdrawal from William Peace University. The student should contact the lender with question regarding their grace period or repayment status. How Institutional Scholarship/Grant Aid is Affected by a Withdrawal All institutional aid provided by is based on need and academic achievement. Any change in enrollment status may cause the amount of the award to be recalculated based on the William Peace University refund policy drop in enrollment to 0 credits requires the funds to be repaid up to 100% of the disbursed amount. Institutional funds are recalculated based on the refund policy. If you are withdrawing before the end of the semester you will be responsible for the following percentage of tuition and fees for the semester: \uf0b7 Withdrawal during the first week 20%-earned 20% of all William Peace University aid \uf0b7 Second week 40%-earned 40% of all aid \uf0b7 Third week 60%-earned 60% of all aid \uf0b7 Fourth week 80%-earned 80% of all aid \uf0b7 After four weeks 100% -earned 100% of all aid Please contact the Office of Financial Aid for specifics. Please note: The procedures and policies listed above are subject to change without advance notice medical withdrawal is not permitted within 14 days of the last day of class of the semester and must be approved by the Dean of Academic Services, in consultation with the Vice President for Academic Affairs. It should be noted that a medical withdrawal is from all courses at the University and no credit will be received for the semester. To be eligible for medical withdrawal, a student must submit information related to a condition that prevents him/her from engaging in successful academic work While William Peace University does not award credit for life experiences, it does grant academic credit for learning deemed equivalent to college-level study that is properly documented by passing examinations sponsored by government agencies, professional organizations, businesses, or the military. In all cases, the student is responsible for providing appropriate official documentation of extra-institutional learning. The Registrar will determine whether and how much credit will be awarded for such learning. No more than 90 credits may be earned using extra-institutional learning options. Extra-institutional learning options include the following Courses taken by correspondence through a regionally-accredited college and recognized by that college as being acceptable toward its own degree may be evaluated for transfer to William Peace University. 70 (CLEP) The Educational Testing Service has developed the as a national method of attaining placement and credit. William Peace University recognizes the general examinations of the and selected subject examinations. William Peace University will award credit toward graduation 50% or better score on the approved exams is required for transfer to William Peace University. The following table indicates William Peace University credit for Business Principles of Accounting 221 50 or above 3 Business Law 270 50 or above 3 Principles of Management 240 50 or above 3 Principles of Marketing 230 50 or above 3 Composition & Literature College Composition College Composition Modular 112 50 or above No credit 3 *American Literature *Analyzing & Interpreting Lit 216 English Lit elective 50 or above 50 or above 3 3 *English Literature English Lit elective 50 or above 3 Humanities No credit *may earn no more than 3 Literature credits Foreign Language French, Level 1 French elective 50-65 3 French, Level 2 French elective 66 or above 3 German, Level 1 German elective 50-65 3 German, Level 2 German elective 66 or above 3 Spanish, Level 1 101 50-65 3 Spanish, Level 2 102 66 or above 3 History & Social Sciences American Government 201 50 or above 3 Educational Psychology Psychology elective 50 or above 3 History of 201 50 or above 3 History of 202 50 or above 3 Human Growth&Development 221 50 or above 3 Macroeconomics 212 50 or above 3 Microeconomics 211 50 or above 3 Intro to Psychology 101 50 or above 3 Social Sciences & History History elective 50 or above 3 Intro to Sociology Sociology elective 50 or above 3 Western Civ: Ancient Near East to 1648 History elective 50 or above 3 Western Civ: 1648 to present History elective 50 or above 3 Science & Math 71 Biology 101 50 or above 3 Chemistry 111 50 or above 3 College Algebra 111 50 3 College Pre-calculus 112 50 3 College Mathematics No credit Natural Sciences 199 50 3 * Students who get transfer credit for Biology or Chemistry must take the one-credit lab at The Proficiency Examination Program of the American College Testing Program is similar to the College Level Examination Program (CLEP). Credits can be earned by taking nationally administered tests in your local area. 72 (AP) Applicants enrolled in advanced placement courses in high school who take the Advanced Placement Examination in May of their senior year and who earn grades of 3, 4, or 5 will be granted up to one year\u2019s credit in appropriate courses. The table below indicates what the transfer credits will be at William Peace University: Score 3 Score 4 Score 5 Test Course Credits Course Credits Course Credits History 201 3 cr 201 3 cr 201 201 6 cr. History of Art elective 3 cr elective 3 cr elective 3 cr. Art Studio Art Drawing Portfolio elective 3 cr elective 3 cr elective 3 cr. Art Studio Art 2 Design elective 3 cr elective 3 cr elective 3 cr. Art Studio Art 3 Design elective 3 cr elective 3 cr elective 3 cr. Biology No Credit 101&Lab 4 cr 101&Lab 4 cr. Chemistry 111&Lab 4 cr 111&Lab 112&Lab 8 cr 111&Lab 112&Lab 8 cr. Economics: Microeconomics 211 3 cr 211 3 cr 211 3 cr. Economics: Macroeconomics 212 3 cr 212 3 cr 212 3 cr. English Literature & Composition 112 3 cr 112 3 cr 112 3 cr. English Language & Composition 112 3 cr 112 3 cr 112 3 cr. European History elective 3 cr elective 3 cr elective 6 cr. French Language No Credit No Credit Foreign Language elective 3 cr. German Language No Credit 3 cr. No Credit Foreign Language elective 3 cr. Government & Politics: United States 201 3 cr 201 3 cr 201 3 cr. Latin: Vergil No Credit No Credit Foreign Language elective 3 cr. Math: Calculus Place in 241 241 4 cr 241 4 cr. Math: Calculus 241 4 cr 241 242 8 cr 241 242 8 cr. Psychology 101 3 cr 101 3 cr 101 3 cr. Spanish Language No Credit No Credit Foreign Language elective 3 cr. Statistics 201 3 cr 201 3 cr 201 3 cr. World History elective 3 cr elective 3 cr elective 3 cr. 73 (IB) International Baccalaureate credit is granted to students who have achieved a score of 5 or above in the areas listed below. Students may petition the Registrar for additional or alternative credit if warranted Test Higher Level Exams Course Minimum Score Credit Hours Anthropology 214 5 3 Biology 101 5 4 Business & Management 100 & 200 5 6 Business & Organization 199 5 6 Chemistry 111 112 5 8 Classical Languages\u2014 Greek 199 & 299 5 6 Classical Languages\u2014 Latin 299 & 399 5 6 Computer Science 199 5 3 Design & Technology 199 5 6 Economics 211 & 212 5 6 English 199 5 3 Geography 199 5 6 History 101 5 3 History of Americas 299 5 6 History of East/Southeast Asia & Oceania 299 5 6 History of Europe 101 & 102 5 6 History of South Asia & The Middle East 299 5 6 Languages\u2013French, German, Japanese & Spanish Foreign Language 211 5 3* Mathematics 241 5 4 Music 180 5 3 Philosophy 201 5 3 Physics 299 & 399 5 8 Psychology 101 5 3 Theatre Arts 199 5 3 Visual Arts Subsidiary Exams 199 5 6 Environmental Systems 199 5 4 Mathematics, Further 241 5 4 Mathematical Methods 199 5 3 Physics 299 5 3 74 (DANTES) William Peace University follows the recommendations of the American Association of Collegiate Registrars and Admissions Officers as to appropriate credit to be awarded for formal service school courses in the armed services. Peace also accepts and individually evaluates course credits earned through examination utilizing (Defense Activity for Non-Traditional Educational Support Program previously called the United States Armed Forces Institute (ACE) Students may be granted credit for courses or programs offered by employers, professional organizations and other agencies only if those courses or programs have been evaluated by the American Council on Education (ACE). ACE's Center for Adult Learning Experiential Web site is: (CAA) William Peace University agrees that students who earn an Associate in Arts (AA) or Associate in Science degree (AS) from a member college of the North Carolina Community College System under the terms and conditions of the Comprehensive Articulation Agreement since its inception and who further met Peace\u2019s admissions standards are eligible to apply and may expect the following, if admitted student who has completed the General Education Transfer Core (44 credit hours) shall be considered to have fulfilled the lower-division, institution-wide liberal education requirements of William Peace University and will receive 44 transfer credits. The student must have an overall of 2.0 and a grade of \u201cC\u201d or better on all transfer courses. General Education Transfer Core (44 credit hours) English Composition (six credits) Humanities/Fine Arts (nine-12 credits) \uf0b7 Four courses (AA) or three courses (AS) are completed from at least three areas: music, art, drama, dance, French, German, Italian, Russian, Spanish, interdisciplinary studies, humanities, literature, philosophy, and religion. \uf0b7 One course must be a literature course. Social/Behavioral Sciences (nine-12 credits) \u2022 Four courses (AA) or three courses (AS) are completed from at least three areas: anthropology, economics, geography, history, political science, psychology, and sociology. \u2022 One course must be a history course. Natural Sciences/Mathematics (14-20 credits) \u2022 Natural Sciences (8 credits) - Two courses with labs are completed from among the biological and physical sciences. \u2022 Mathematics (6 credits) \u2013 One introductory course is completed from college algebra, trigonometry, or calculus; another course be selected from a qualitative subject, such as computer science or statistics. 75 student who has successfully completed the Associate in Arts (AA) or Associate in Science (AS) degree with an overall of 2.0 and an earned grade of or better on all courses shall receive 64 semester hours of credit and junior status upon admission to Peace. Comprehensive Articulation Agreement and William Peace University Requirements The Comprehensive Articulation Agreement (CAA) with William Peace University applies only to students who have completed the community college Associate of Arts (AA) or Associate of Science (AS) degrees. It does not apply to students who have completed another type of associate degree (for example, in engineering transfer students who have completed the General Education Core (44 credits) have met the Liberal Education Requirements at William Peace University, except as noted below: a) Students will be required to take BSA180 Introduction to Media Literacy, a one-hour course required of all William Peace University graduates. b) Students will be required to take 120 Personal Finance, a one-hour course required of all William Peace University graduates. c) Students will be required to take 201 Statistics if another mathematics course was taken to satisfy the General Education Core. d) Students will be required to take 300 Workplace Connections, a one-hour course required of all William Peace University graduates. Students will not be required to take 100 First Year Experience or 200 Career and Leadership Development. e) Students will be required to take 400, a three-hour course required of all William Peace University graduates. f) Students will be required to complete an internship required of all William Peace University graduates. All Other Transfers (Non-CAA) Students who have attended a member college of the North Carolina Community System without completing general education core, those who have attended a community college in another state, and transfers from all four-year institutions are eligible to apply and can expect the following guidelines to apply: \uf0b7 Students may receive transfer credit for William Peace University\u2019s liberal education requirements as outlined in the transfer equivalency list. \uf0b7 Students will be required to complete the four-year liberal education writing requirement. English composition may be transferred to Peace to fulfill the first-year writing requirement. \uf0b7 Students will be required to take 180 Introduction to Media Literacy, a one-hour course required of all William Peace University graduates. \uf0b7 Students will be required to take 120 Personal Finance, a one-hour course required of all William Peace University graduates. 76 \uf0b7 Portfolio Seminar (PSS) requirement transfer student with 29 or fewer credits must complete all four Portfolio Seminars. With 30 or more credits, the student must complete Portfolio Seminar II, III, and (SPS) The School of Professional Studies (SPS) is an evening program for working students. Courses are offered onsite and online in an accelerated format. Students enrolled in the day program at Peace do not usually enroll in the courses during the fall and spring semesters. The exception to this policy is if the advisor and the Vice President for Academic Affairs agree, after meeting with the student and reviewing his/her record, that the student faces extenuating circumstances and demonstrates the capability to complete the accelerated pace of the evening program in combination with daytime classes. Further information on is available in the Catalog The School of Professional Studies administers summer school at Peace. Summer sessions at Peace offer a variety of undergraduate courses for continuing and entering students and are available as well to students from other colleges and universities. William Peace University offers two summer sessions. For specific dates of each session consult the web site or call the Office at 919-508-2293 schedule of courses available during each session is also available online or in the Offices of the Registrar or SPS. Students registering for summer session courses at William Peace University must be in good academic standing. Peace students who do not meet the criteria for good academic standing or are on academic probation or suspension must receive special permission from the Vice President for Academic Affairs to register for summer session courses. The typical course load is six credit hours for each summer session. Students desiring to take a higher load are encouraged to meet with the Vice President for Academic Affairs. Registration begins for all students as soon as the schedule is posted and continues through the first class meeting of the respective summer session student is strongly encouraged to meet with his/her advisor prior to signing up for summer courses. Summer Session registration forms are available in the Offices of the Registrar or or online at In order to register for courses, students must pay the full cost for the course prior to the first class. 77 William Peace University grants the following degrees: \uf0b7 The Bachelor of Arts (B.A.) \uf0b7 The Bachelor of Science (B.S.) \uf0b7 The Bachelor of Fine Arts (B.F.A.) The baccalaureate degrees at William Peace University are designed to prepare students for meaningful careers or graduate study, life-long learning, and ethical citizenship. In order to accomplish these purposes, individuals must gain essential knowledge and skills. It is expected that students completing a bachelor\u2019s degree at Peace will be able to achieve a level of competency appropriate to a college student in writing, empirical reasoning, ethical reasoning, critical thinking about cultural and society, and professional readiness. These areas of emphasis provide the educational framework for all Peace students Course Number Range Definition Characteristics 001 \u2013 099 Pre-college or developmental level courses. These courses do not count toward graduation credits. 100 \u2013 299 Lower division level courses. Typically, these introductory and intermediate courses offer foundational skills and/or content and thus are populated by first- and second-year students. These courses may be prerequisites for Major courses. 300 \u2013 499 Upper division level courses. These courses reflect a progression of content and/or rigor. As these courses indicate advanced level material, they are typically taken during the junior and senior years. Ordinarily, students have completed introductory and/or intermediate courses in related areas. 199, 299, 399 Transfer elective courses Numbers will correspond with the course levels outlined above. 295, 395, 495 Special topics courses Numbers will correspond with the course levels outlined above Written communications are an important skill for students during college and after graduation. William Peace University requires that all students take four semesters with focused writing requirements taught by English faculty. Students also have assistance available to improve their writing skills in the Learning Center on the second floor of the Finch Library (WR) Students will communicate professionally and effectively through proper conventions of writing. Courses in this category emphasize the use of argument, grammar, tone, and structure. (10 total credit hours 112 Composition (3) 78 200 Writing About Literature (3) \uf0b7 Select one upper-level writing course: o 314 Professional Writing (3) or o 312 Advanced Topics in Writing (3) or o 313 Writing About Storytelling in Simulation (3) or o 316 Advanced Grammar (3 400 Senior Writing Lab (1) For the writing portion of student learning outcomes, students will be able to perform the following: \uf0b7 Understand writing as a series of tasks, including finding, evaluating, analyzing, and synthesizing appropriate sources, and as a process that involves composing, editing, and revising. \uf0b7 Critically analyze texts, including understanding an argument's major assertions and assumptions and how to evaluate its supporting evidence. \uf0b7 Prepare arguments for specific audiences and occasions. \uf0b7 Demonstrate research skills, integrate their own ideas with those of others, and apply the conventions of attribution and citation correctly. \uf0b7 Use appropriate format, syntax, grammar, punctuation, and spelling (EMP) Students will understand methods for gathering, analyzing, and interpreting data. Courses in this category will emphasize an analysis and critique of methods used to generate knowledge with a special emphasis on factors that limit the validity and generalizability of findings. (10 total credit hours 201 Statistics (3) \uf0b7 Choose 1 Empirical Reasoning Course within the Natural Sciences, for example: o 216 Biological Anthropology (4) o 101 Principles of Biology (4) o 111 General Chemistry (4) o 112 General Chemistry (4) \uf0b7 Choose 1 Empirical Reasoning Course within the Social Sciences, for example: o 214 Cultural Anthropology (3) o 260 Political Economy (3) o 101 General Psychology (3) For the empirical reasoning portion of student learning outcomes, students will be able to perform the following: \uf0b7 Interpret mathematical models such as formulas, graphs, tables, and schematics, and draw inferences from them. \uf0b7 Communicate mathematical information symbolically, visually, numerically, and verbally. \uf0b7 Apply mathematical/statistical techniques and logical reasoning to produce predictions, identify optima, and make inferences based on a given set of data or quantitative information. \uf0b7 Judge the soundness and accuracy of conclusions derived from quantitative information, recognizing that mathematical and statistical methods have limits and discriminating between association and causation. 79 \uf0b7 Apply statistics to evaluate claims and current literature. \uf0b7 Demonstrate an understanding of the fundamental issues of statistical inference, including measurement and sampling (ETH) Students will examine current and historical ethical topics as well as the use of their own value systems as ethical criteria. Courses in this category help students identify the values and priorities that underlie specific ethical problems and apply ethical standards to contemporary debates. (4 total credit hours 100 Portfolio Seminar I: First Year Experience (1 400 Interdisciplinary Ethics Seminar (3) For the ethical reasoning portion of student learning outcomes, students will be able to perform the following: \uf0b7 Understand and use correctly the basic terminology from established models of ethical decision making. \uf0b7 Follow the steps of an established model for making ethical decisions. \uf0b7 Analyze elements of ethical decision making in the workplace (CTC) Students will identify the ways in which human cultures produce values, customs, and social identities. Students will evaluate these cultural expressions in regional, historical, or global contexts. Courses in this category will require students to analyze cultural constructions of meaning and the systems that help shape those meanings, including religious, political, artistic, and historical systems, among others. (15 total credit hours) \uf0b7 Required Course: 100- or 200-level (3) \uf0b7 Select four courses from three different areas (for example or courses that meet the criteria above) (12) Regularly Offered Courses Satisfying the Requirement Include 214: Cultural Anthropology 240: Anthropology of Death 305: Hispanic Voices in the 131: Environmental Biology 200: Media & Culture 230 Media Writing 240: Introduction to Public Relations 211: British Literature before 1700 212: British Literature after 1700 214: Studies in Fiction 216: American Literature after 1700 219: Latin American Literature 80 220: World Literature before 1700 221: World Literature after 1700 103: World Civilization 104: World Civilization 201: History of the United States 202: History of the United States 201: Introduction to Philosophy 201: American Government 202: State & Local Government 270: Introduction to Law & the Legal System 111: World Religions 114: Introduction to the Old Testament 124: Introduction to the New Testament For the critical thinking about culture portion of student learning outcomes, students will be able to perform the following: \uf0b7 Carefully interpret, analyze, and evaluate evidence, statements, graphics, questions, etc. regarding the different ways that cultures create meaning. \uf0b7 Construct well-supported, clearly articulated, and sustained arguments about particular expressions of human culture. \uf0b7 Justify conclusions based on well-supported arguments (PR) Students will develop practical competencies to enhance their professional lives. (10 total credit hours 101 Public Speaking (3 200 Portfolio Seminar II: Career and Leadership Development (1 300 Portfolio Seminar III: Workplace Connections (1) \uf0b7 Portfolio Seminar IV: Internship in the Major (3 120 Personal Finance (1 180 Introduction to Media Literacy (1) For the professional readiness portion of student learning outcomes, students will be able to perform the following: \uf0b7 Demonstrate the ability to speak confidently and knowledgeably in a public setting. \uf0b7 Manage personal finances. \uf0b7 Locate and access information both in print and in electronic or digital form. \uf0b7 Evaluate the quality, accuracy, timeliness, and usefulness of the information. \uf0b7 Produce a competent resume or vita in preparation for choosing a career. \uf0b7 Complete a professional internship in a workplace setting appropriate for a particular career path. Total Liberal Education Hours Required: 49 credit hours 81 \uf0b7 Anthropology o Minor in Anthropology \uf0b7 Biology o Bachelor of Arts in Biology o Bachelor of Science in Biology o Minor in Biology \uf0b7 Business Administration o Bachelor of Science in Business Administration Concentration Options \uf0a7 Global Business \uf0a7 Leadership and Management Studies \uf0a7 Marketing o Minor in Business Administration o Minor in Leadership and Management Studies o Minor in Marketing \uf0b7 Chemistry o Minor in Chemistry \uf0b7 Communication: o Bachelor of Arts in Communication Concentration Options \uf0a7 Public Relations \uf0a7 Integrated Media \uf0a7 Graphic Design o Minor in Communication \uf0b7 Education o Bachelor of Arts in Education Licensure Options: \uf0a7 Elementary Education \uf0a7 Special Education \uf0a7 Dual Licensure in Elementary Education and Special Education \uf0b7 English o Bachelor of Arts in English o Minor in English o Minor in Writing \uf0b7 History o Minor in History \uf0b7 Liberal Studies o Bachelor of Arts in Liberal Studies \uf0b7 Political Science o Bachelor of Arts in Political Studies o Minor in Political Science \uf0b7 Pre-Law o Bachelor of Arts in Pre-Law \uf0b7 Psychology o Bachelor of Arts in Psychology Concentration Option 82 \uf0a7 Psychology Research o Minor in Psychology \uf0b7 Religion o Minor in Religion \uf0b7 Simulation and Game Design o Bachelor of Arts in Simulation and Game Design \uf0b7 Theatre/Musical Theatre o Bachelor of Arts in Theatre o Bachelor of Fine Arts in Musical Theatre o Minor in Theatre \uf0b7 Women\u2019s Studies o Minor in Women\u2019s Studies The University reserves the right to make any necessary changes in the calendar, regulations, student charges or courses of instruction announced in this Catalog. It is the responsibility of the student to see that all the degree requirements are met for graduation from Peace and/or transfer to other institutions. 83 Anthropology is offered as a minor or as a concentration in the Liberal Studies major. Anthropology is most simply defined as the study of humans, in all of our wondrous similarities and differences. It is a field that explores the important question of what makes us human by studying our unique biology and our diverse societies and cultures. Anthropology helps students to understand and value human diversity, to develop an appreciation for their local context, as well as a global awareness, and to embrace an interdisciplinary perspective by drawing on both the natural and social sciences and the humanities. Students seeking the Anthropology minor are required to take 214 Cultural Anthropology and 216 Biological Anthropology (7 credit hours), and 4 or more courses for a total of at least 12 additional credit hours 19 credit hours Required courses: 7 credit hours 214: Cultural Anthropology 3 216: Biological Anthropology 4 Elective course choices: 12 credit hours 218: Archaeology: People and the Past 3 240: Anthropology of Death 3 295/395/495: Special Topics 3 305: Hispanic Voices in the 3 315: Globalization, People and Culture 3 368: American Ethnic Relations 3 370: The Female of the Species Biocultural, Anthropological Perspective 3 380: India, Past and Present 3 392/492: Directed Study 3 450: Archaeological Fieldwork 4 84 major in biology prepares you for admission to professional programs in health professions such as \u2022 medicine \u2022 physician assistant \u2022 dentistry \u2022 veterinary medicine \u2022 nursing \u2022 physical therapy \u2022 pharmacy \u2022 podiatry \u2022 optometry You can continue in graduate school in areas of biological science such as \u2022 genetics or genetic counseling \u2022 microbiology \u2022 clinical research \u2022 occupational therapy \u2022 audiology \u2022 speech pathology \u2022 zoology \u2022 physiology \u2022 marine biology \u2022 environmental biology \u2022 ecology You can enter the workplace immediately after graduation in careers such as \u2022 laboratory research assistant \u2022 pharmaceutical sales \u2022 Special Agent for State Bureau of Investigation \u2022 zoo assistant \u2022 museum education outreach \u2022 field research assistant Biology is offered as a major or minor at William Peace University. The Bachelor of Arts degree offers more flexibility within the program while the Bachelor of Science degree is more focused, requiring additional specific math, chemistry, and physics. Consult your advisor about which degree best suits your post-graduate goals. Regardless of the type of degree chosen, students in the Biology major take requirements and choose electives from content areas: Organismal Biology, Interrelationships, Evolutionary Biology, and Cell Biology and Genetics. Specific courses are recommended as part of the Liberal Education Curriculum in the areas of Empirical Reasoning and Professional Readiness major in biology prepares you for several different disciplines ranging from professional programs in health, graduate school in biological science or a career in biology immediately following graduation. If a student decides to take the path of professional programs in health, they will be able to study in areas including medicine, physician assistant, dentistry, veterinary medicine, nursing, physical therapy, pharmacy, podiatry, optometry, audiology, and other professions. Graduate school in biological 85 science can lead to disciplines in genetics or genetic counseling, microbiology, clinical research, audiology, speech pathology, zoology, marine biology, environmental biology, ecology and other areas. Immediately after graduation from William Peace University, a degree in biology can lead to careers in laboratory research, pharmaceutical sales, State Bureau of Investigation technicians, zoo assistant, museum education outreach, field research assistant and many others Liberal Education Curriculum: Empirical Reasoning within the Natural Sciences: Recommend 101: Principles of Biology Professional Readiness 490 (Internship) or 499 (Undergraduate Research) Biology Core Courses : Biology Electives : Allied Requirements : General Electives : Total credit hours for the B.S. in Biology: 49 credit hours 18-19 credit hours 17-20 credit hours 28 credit hours 4-8 credit hours 120 credit hours 18-19 credit hours 101: Principles of Biology (If 101 is taken as a part of the Liberal Education requirements it may be \u201cdouble counted\u201d and this requirement may be fulfilled by taking an additional 4 credit general elective.) Group (choose one 210: Botany 320: Vertebrate Zoology 321: Invertebrate Zoology Group (choose one 330: Ecology 430: Ethology: Animal Behavior Group (choose one 460: Genetics 450: Cell Biology Capstone 440: Evolutionary Biology 17-20 credit hours Five additional courses, of which at least two must be with lab. May include any courses listed in the biology curriculum (including core courses which have not already been taken) or other biology courses approved through or summer school. Students should choose biology electives based on their chosen career or post-graduate plans 28 credit hours 111: General Chemistry 112: General Chemistry 211: Organic Chemistry 212: Organic Chemistry \u2022 Physics (taken through or summer school) 86 \u2022 Physics (taken through or summer school 241 or higher 4-8 credit hours Liberal Education Curriculum: Empirical Reasoning within the Natural Sciences: Recommend 101: Principles of Biology Biology Major Courses Biology Electives Allied Requirements General Electives Total credit hours for the B.A. in Biology 49 credit hours 18-19 credit hours 17-20 credit hours 8 credit hours 24-28 credit hours 120 credit hours 18-19 credit hours 101: Principles of Biology (If 101 is taken as a part of the Liberal Education requirements it may be \u201cdouble counted\u201d and this requirement may be fulfilled by taking an additional 4 credit general elective.) Group (choose one 210: Botany 320: Vertebrate Zoology 321: Invertebrate Zoology Group (choose one 330: Ecology 430: Ethology Group (choose one 450: Cell Biology 460: Genetics Capstone 440: Evolutionary Biology 17-20 credit hours Five additional courses, of which at least two must be with lab. May include any courses listed in the biology curriculum (including core courses which have not already been taken) or other biology courses approved through or summer school. Students should choose biology electives based on their chosen career or post-graduate plans 8 credit hours 111: General Chemistry 112: General Chemistry 24-28 credit hours 18-20 credit hours 87 101 plus 4 additional biology courses, of which at least two must be with lab. 88 The Business Administration Program at William Peace University offers a Bachelor of Science in Business Administration degree with concentrations in Global Business, Marketing, and Leadership and Management Studies. Underlying the undergraduate degree program is a solid core of business courses, which prepare students for the significant managerial positions in the 21st century whether in a for-profit, nonprofit or public setting. The curriculum emphasizes analytical tools needed to solve the intricate problems in the contexts of a turbulent environment, increasing globalization, and technological advancements facing today\u2019s organizations. Students are prepared for careers and/or graduate studies in most phases of business. The commitment of our dedicated faculty, staff, and administrators is to enhance the knowledge base and to encourage life-long learning that empowers students in the Business Administration program. It is consistent with the traditions of excellence, integrity, liberal arts education, and community sample of the career paths of our graduates include business owners, managers, sales representatives, public relations professionals, journalists and writers, financial professionals, staffing specialists, and non-profit leaders. To earn the Bachelor of Science in Business Administration (BSBA) degree, majors must earn a minimum of 120 credits. Business majors fulfill all Liberal Education requirements as well as all core curriculum and concentration requirements Liberal Education Curriculum: Business Core Courses : Concentration: General Electives : Total credit hours for the B.S. in Business Administration: 49 credit hours 39 credit hours 12 credit hours 20 credit hours 120 credit hours 39 credit hours 160: Global Business Environment 211: Microeconomics 212: Macroeconomics 202: Finite Math or 241 Calculus 221: Principles of Accounting 222: Principles of Accounting 230: Marketing 225: Finance 240: Management and Organizational Behavior 250: Human Resource Management 270: Business Law 441: Decision Science 499: Strategic Management 3 3 3 3 3 3 3 3 3 3 3 3 3 89 With the help of your academic advisor, you will create a focus within your major by choosing one of the following concentrations 345: Global Business Opportunities and Challenges \u2022 Choose 9 credits, in any combination, from the following 493 (second 3 credit hour Internship in Global Business) \u2022 Study Abroad \u2022 Study Tour \u2022 Foreign Language electives \u2022 Anthropology electives 12 credit hours 3 3 Up to 9 Up to 9 Up to 9 Up to 9 12 credit hours 140: Introduction to Leadership 343: Leadership & Change in Organizations 354: Performance Management \u2022 Plus choose (1 340: Group Process and Dynamics 356: Employee Selection and Development 3 3 3 3 12 credit hours 332: Consumer Behavior 331: Advertising 426: Sales and Marketing Management 336: Marketing Research 3 3 3 3 18 credit hours 160: Global Business Environment 221: Principles of Accounting 230: Marketing 211: Principles of Microeconomics 240: Management and Organizational Behavior \u2022 One 300-level course 3 3 3 3 3 3 18 credit hours 140: Introduction to Leadership 160: Global Business Environment 240: Management and Organizational Behavior 343: Leadership & Change in Organizations 354: Performance Management \u2022 Plus choose (1 340: Group Process and Dynamics 356: Employee Selection and Development 3 3 3 3 3 3 18 credit hours 160: Global Business Environment 3 90 230: Marketing 332: Consumer Behavior 331: Advertising 426: Sales and Marketing Management 336: Marketing Research 3 3 3 3 3 Chemistry is offered as a minor or as a concentration in the Liberal Studies major at William Peace University. Chemistry is the study of matter [everything in our lives]. By learning the principles that predict the behavior of matter, students can better understand the world around them. All that we are depends upon Chemistry. Courses will include both inorganic, organic, and biochemistry. These will prepare students for future careers in all medical fields, graduate work, and/or laboratory positions. Students wishing to obtain a minor in Chemistry are required to complete: General Chemistry 111 & 112], Organic Chemistry 211 & 212], and one other course in the field. Biochemistry is offered and will fulfill this requirement 19-20 credit hours 111: General Chemistry (may double count if a Biology major 112: General Chemistry (may double count if a Biology major 211: Organic Chemistry (may double count if a Biology major 212: Organic Chemistry (may double count if a Biology major) \u2022 300/400 level Chemistry course approved by the faculty 4 4 4 4 3-4 91 Communication is offered as a major at William Peace University and will prepare you for graduate school or a wide ranging choice of career paths. Many of our graduates are working in corporate communication, public relations, non-profit administration, marketing, sales, journalism, media development, graphic design or communication management. All of our majors complete a core of classes which provide a foundation in creative problem-solving and communication principles. The degree in communication is also supported by a strong liberal foundation, helping you develop an understanding of the history of ideas, human nature, global issues, and popular culture Liberal Education Curriculum: Communication Core Courses : Communication Concentration: General Electives : Total credit hours for the B.A. in Communication: 49 credit hours 24 credit hours 12 credit hours 35 credit hours 120 credit hours 24 credit hours 200: Media and Culture 220: Design and Typography 230: Media Writing 270: Digital Media Convergence 300: Communication Research 480: Communication Agency electives 3 3 3 3 3 3 6 With the help of your academic advisor, you will create a focus within your major by choosing one of the following concentrations 12 credit hours 240: Introduction to Public Relations 340: Public Relations Techniques 465: Strategic Communication Campaigns 331: Advertising 3 3 3 3 12 credit hours 211: Interactive and Social Media 390: Multimedia Editing 420: Motion for the Screen 475: Creating the Documentary 3 3 3 3 12 credit hours 317: Design and Typography 329: Imaging 417: Advanced Graphic Design Studio 420: Motion for the Screen 3 3 3 3 18 credit hours 92 200: Media and Culture 230: Media Writing \u2022 300/400 level electives 3 3 12 William Peace University offers an education major in the following three licensure options for students who are interested in a teaching career: \u2022 Dual licensure - Elementary Education (K-6) and Special Education: General Curriculum (K-12) \u2022 Elementary Education: (K-6) \u2022 Special Education: General Curriculum (K-12) The Elementary Education and Special Education Option is an innovative, dual licensure undergraduate program that prepares students for licensure in both Elementary Education (K-6) and Special Education: General Curriculum (K-12). Interested candidates must apply to the Education Program (see \u201cProgram Admission Requirements\u201d below). It is recommended that students apply during their freshman or sophomore year, given that the program takes two years for completion. The Elementary Education Option focuses on preparing students to teach in the elementary grades K- 6. It is recommended that students apply during their freshman or sophomore year, given that the program takes two years for completion. The Special Education: General Curriculum (K-12) Licensure Option focuses on preparing students to teach in various mild to moderate special education settings. It is recommended that students apply during their freshman or sophomore year, given that the program takes two years for completion 1. Earn a \u201cC\u201d or better in 200. 2. Complete an application to the program. 3. Achieve cumulative of 2.5 or higher in college coursework at the time of program entry. 4. Maintain 2.5 or higher throughout the program. 5. Achieve \u201cC\u201d or better in each course required in the liberal education curriculum. 6. Meet with the Director of Education to discuss the program expectations. 7. Pass Praxis by August 15 prior to junior year. Note: Applicants must score 1100 (minimally) on the or pass Praxis Reading, Math, and Writing portions. If Verbal scores are 550 (minimally), you are exempt from the Reading and Writing sections of the Praxis. If Math scores are 550 (minimally), you are exempt from the Praxis Math section. Register for Praxis tests on-line registration ( 8. Must complete 312, designated for Education Majors, as part of Liberal Education requirements. Liberal Education Curriculum: Education Major Courses (depends on licensure choice): 49 credit hours 40-47 credit hours 93 General Electives : 20-23 credit hours 200: Early Experiences for Prospective Teachers 47 credit hours 250: Exceptionalities in Education 302: Literacy Methods 303: Social Studies Methods 304: Mathematics Methods 305: Science Methods 325: Effective Programs & Learning Strategies 330: Practicum for Special Education 331: Practicum for Elementary Education 351: Classroom Organization and Management 402: Testing and Measurements 452: 21st Century Teacher Leadership 460: Literacy Methods 496: Student Teaching and Seminar 3 3 3 3 3 3 1 1 3 3 3 3 15 40 credit hours 250: Exceptionalities in Education 302: Literacy Methods 303: Social Studies Methods 304: Mathematics Methods 305: Science Methods 331: Practicum for Elementary Education 351: Classroom Organization and Management 452: 21st Century Teacher Leadership 460: Literacy Methods 496: Student Teaching and Seminar 3 3 3 3 3 1 3 3 3 15 40 credit hours 250: Exceptionalities in Education 302: Literacy Methods 304: Mathematics Methods 325: Effective Programs and Learning Strategies 330: Practicum for Special Education 351: Classroom Organization and Management 402: Testing and Measurements 452: 21st Century Teacher Leadership 460: Literacy Methods 496: Student Teaching & Seminar 3 3 3 3 1 3 3 3 3 15 94 As an English major at Peace, you\u2019ll have opportunities to shape your education in ways most fitting for your passions and your future goals. Choosing from an array of courses in literature, theory, and creative and professional writing, you can focus on a plan of study that will best serve you, now and in the future. Outside the classroom, you\u2019ll enjoy access to independent research \u2013 we\u2019ve sent an average of four English majors to the National Conference for Undergraduate Research every year \u2013 as well as a variety of exciting opportunities, including Sigma Tau Delta, Alpha Chi, the Prism (our literary magazine), an English-sponsored book club, visits from well-known writers, and more. The major will also serve you well in the future, as employers increasingly prefer to hire graduates who demonstrate skills inherent in the study of English: the ability to speak and write clearly and precisely, proficiency in critical thinking, and intellectual flexibility. In addition, the English program has a strong record of placing graduates in graduate school, including programs at UNC-Chapel Hill, Duke, George Washington University State, the University of Georgia, and the University of Florida, among others. And, finally, our graduates have gone on to careers as attorneys, editors, writers (technical and creative), small business owners, teachers (elementary, high school, and university), and government employees Liberal Education Curriculum: English Core Courses : General Electives : Total credit hours for the B.A. in English: 49 credit hours 33 credit hours 38 credit hours 120 credit hours 33 credit hours 220: World Literature Before 1700 212: British Literature After 1700 216: American Literature After 1700 \u2022 Additional hours required in English at the 200-300 level: (15 of the 21 hours must be completed at or above the 300 level 470: Senior Seminar/Capstone class 3 3 3 21 3 NOTE: For a complete listing of English courses, please refer to the \u201cEnglish Courses\u201d section of the current Catalog 18 credit hours \u2022 200 level courses \u2022 300 and 400 level courses 6-9 9-12 18 credit hours \u2022 Choose one 312: Advanced Composition 314: Professional Writing 316: Advanced Grammar \u2022 Choose 15 additional hours from the following courses: 3 credit hours 3 3 3 15 credit hours 95 147: Prism - Literary Magazine (maximum of 4 credits 211: British Literature before 1700 212: British Literature after 1700 214 Studies in Fiction 216: American Literature after 1700 219: Latin American Literature 220: World Literature before 1700 221: World Literature after 1700 230: Media Writing 285: Introduction to Creative Writing 312: Advanced Composition 313: Writing about Storytelling in Simulation 314: Professional Writing 316: Advanced Grammar 1 3 3 3 3 3 3 3 3 3 3 3 3 3 96 The History minor is designed to expose students to the study of the past in all parts of the world and to increase students\u2019 understanding of historical forces in a global context minor in history will connect to and reinforce the work done in any major at Peace, providing historical context and cultural understanding to assist in interpreting contemporary issues. History is offered as a minor in the Liberal Studies major. The study of history deepens your understanding of the past and also provides the means to better understand the problems of today\u2019s world 18 credit hours Select 2 courses from each of the following categories: U.S. History 6 201: History of the United States 202: History of the United States 368: American Ethnic Relations 348: History of the South since 1865 Global History 6 103: World Civilization 104: World Civilizations 315: Globalization, People and Culture 380: India, Past and Present History Electives 6 \u2022 Select 2 additional courses Of the 18 credit hours required for the minor, 9 hours must be at the 300 or 400 level. 97 Liberal Studies is offered as a major at William Peace University. The Liberal Studies Program includes the following disciplines: English, Fine Arts, Foreign Language, History, Mathematics, Natural Sciences, Philosophy, Religion, and Social Sciences. The Liberal Studies Major is an interdisciplinary program which ensures the flexibility needed in today\u2019s market. It offers both breadth and depth. Together with your advisor and other appropriate members of the faculty, you will craft your curriculum to fit your individual needs and interests Liberal Education Curriculum: Liberal Studies Core Courses : Concentration (15 credit hours Minor (18-20 credit hours) General Electives : Total credit hours for the B.A. in Liberal Studies: 49 credit hours 34-37 credit hours 15-20 credit hours 14-22 credit hours 120 credit hours 34-37 credit hours This section ensures breadth in the student\u2019s program by offering the following courses: \u2022 2 courses each from any 3 Liberal Studies areas \u2022 1 course each from any 4 other Liberal Studies areas \u2022 Liberal Studies Junior Seminar LST: 380 \u2022 Liberal Studies Senior Seminar LST: 470 18-20 12-13 1 3 (for example (for example (for example (for example (for example (for example, BIO, CHE, physically-focused (for example (for example, PSC, PSY, culturally-focused lower-level course taken to prepare a student for a Liberal Education requirement cannot count toward the Liberal Studies core 18-20 credit hours Minor offers depth in a student\u2019s program. If a student chooses this option, then the student must complete the minor requirements for a minor offered at William Peace University. The minor can be either in a Liberal Studies area or in a non-Liberal Studies area 15 credit hours Concentration offers depth in a student\u2019s program. If a student chooses this option, then the student must complete a course of study created by the Program Coordinator for Liberal Studies that is based on the student\u2019s interests. The course of study can be composed of courses from two or more disciplines that are focused on a common theme. For Liberal Studies, a student\u2019s concentration cannot be in an area that has a minor at William Peace University. For example, a student cannot have a Concentration in Anthropology because William Peace University already has a minor in that area. If a student wants to study Anthropology within a Liberal Studies major, then the student should pursue 98 an Anthropology Minor 14-22 credit hours If you\u2019re interested in working in government or being a political leader, the Political Science program at William Peace University\u2013located in the heart of North Carolina\u2019s capital city\u2013is for you. Even if you want to know how laws are made or you want to be a better citizen, then Political Science is for you. Since you\u2019ll be studying just blocks from local, state, and federal government offices, you will have the opportunity to learn from and intern with policy analysts, journalists, and political leaders in the judicial, legislative, and executive branches of state government. The William Peace University Political Science program features exciting classes focused on applying ideas from the political science discipline to events happening now. You will develop your critical thinking, analytical writing, and public speaking abilities in the courses. After you take the courses, you will also participate in a unique learning program\u2014the Raleigh Experience\u2014which will give you hands-on experience working with professionals in areas related to political science. When you graduate, you will be well prepared to start a career in the public sector or attend a graduate or professional program, like law school Liberal Education Curriculum*: Political Science Core Courses: Political Science Electives: The Raleigh Experience: General Electives: Total credit hours for the B.A. in Political Science: 49 credit hours 15 credit hours 6 credit hours 15 credit hours 35 credit hours 120 credit hours 15 credit hours 201: American Government 202: State & Local Government 260: Political Economy for Public Policy 270: Law and the Legal System 280: Public Policy 3 3 3 3 3 6 credit hours Choose two of the following courses 304: The Presidency and Congress 305: Campaigns and Elections 311: Political Leadership 370: American Constitutional Law *Students may take 3 credit hours of general elective in place of the Internship in the Liberal Education requirements. The Raleigh Experience meets the internship requirement 15 credit hours** During the senior year, a Peace Political Science major will participate in an intensive (40 hours per week) learning experience, similar to a co-op program at other institutions. They will work for 99 sponsoring organizations in three areas related to the Political Science discipline: advocacy/lobbying, governance, law, non-profit administration, politics, policy research, and public administration. During the semester, they will rotate through three, four-week practicums and be concurrently enrolled in their senior seminar course 410: Practicum in Advocacy/Lobbying 420: Practicum in Governance 430: Practicum in Law 440: Practicum in Non-profit Administration 450: Practicum in Politics 460: Practicum in Policy Research 470: Practicum in Public Administration 4 4 4 4 4 4 4 Also, during the Raleigh Experience Semester, students will enroll in 480: Senior Seminar 3 **Note: To enroll in the Raleigh Experience, a student must be a Political Science (PSC) or Pre-Law (PRL) major and have earned at least 90 credit hours prior enrolling in the program. Permission of the program coordinator may also allow a student to enroll in the program. Also, note that students in the Raleigh Experience are expected to participate from 8 am- 5 pm Monday-Friday during that semester. That means that the student may not take other courses during the Raleigh Experience and must not have other activities (e.g., work or club meetings) during those hours 18 credit hours 201: American Government \u2022 Plus 5 additional courses 3 15 100 If you\u2019re interested in attending law school and becoming a lawyer or judge, the Pre-Law major is for you. Studying pre-law at Peace means you are only blocks away from county, state, and federal courthouses, as well as the General Assembly, where state laws are made. The William Peace University Pre-Law Program consists of inter-disciplinary courses that will help you hone the skills that law schools and the legal profession desire. You will develop your critical thinking, analytical writing, and public speaking abilities in the courses. After you take the courses, you will also participate in a unique learning program\u2014the Raleigh Experience\u2014which will give you hands-on experience working with professionals in areas related to political science and the law. When you graduate, you will be well prepared to pursue admission to law school or in law-related career Liberal Education Curriculum*: Pre-Law Core Courses: Allied Courses: The Raleigh Experience: General Electives: Total credit hours for the B.A. in Pre-Law: 49 credit hours 12 credit hours 12 credit hours 12 credit hours 35 credit hours 120 credit hours 12 credit hours 201: American Government 202: State and Local Government 270: Law and the Legal System 370: American Constitutional Law 3 3 3 3 12 credit hours 201: History of the United States 202: History of the United States 221: Accounting 222: Accounting 3 3 3 3 *Students may take 3 credit hours of general elective in place of the Internship in the Liberal Education requirements. The Raleigh Experience meets the internship requirement 12 credit hours** During the senior year, a Peace Political Science major will participate in an intensive (40 hours per week) learning experience, similar to a co-op program at other institutions. They will work for sponsoring organizations in three areas related to the Political Science discipline: advocacy/lobbying, governance, law, non-profit administration, politics, policy research, and public administration. During the semester, they will rotate through three, four-week practicums 410: Practicum in Advocacy/Lobbying 420: Practicum in Governance 430: Practicum in Law 440: Practicum in Non-profit Administration 4 4 4 4 101 450: Practicum in Politics 460: Practicum in Policy Research 470: Practicum in Public Administration 4 4 4 **Note: To enroll in the Raleigh Experience, a student must be a Political Science (PSC) or Pre-Law (PRL) major and have earned at least 90 credit hours prior enrolling in the program. Permission of the program coordinator may also allow a student to enroll in the program. Also, note that students in the Raleigh Experience are expected to participate from 8 am- 5 pm Monday-Friday during that semester. That means that the student may not take other courses during the Raleigh Experience and must not have other activities (e.g., work or club meetings) during those hours. 102 Psychology is the study of human behavior and the mind. Major areas of emphasis include child development, adulthood and aging, psychological disorders and treatment, learning and memory, persuasion and influence, health and wellness, and the application of psychology to industry and organizations. The study of Psychology helps students develop skills in critical thinking, writing, research methods, ethical decision-making, and socio-cultural awareness Liberal Education Curriculum: Psychology Core Courses: Psychology Electives Concentration in Psychology Research: General Electives: Total credit hours for the B.A. in Psychology: 49 credit hours 24 credit hours 15 credit hours 32 credit hours 120 credit hours 24 credit hours 101: General Psychology 300: Research Methods 303: Research Methods 470: Senior Seminar \u2022 Choose 1 course from each of the four major areas listed below: Cognitive and Biological Sciences 311: Cognitive Psychology 382: Learning 411: Biological Psychology Developmental Processes 360: Family Psychology 221: Life Span Development 310: Child and Adolescent Development 321: Psychology of Adulthood and Aging Social, Personality, and Applied 230: Personality Psychology 330: Social Psychology 375: Human Sexuality and Gender Abnormal and Clinical Psychology 240: Abnormal Behavior 341: Child, Family and Youth Services 440: Counseling Theories and Techniques 3 3 3 3 12 15 credit hours Psychology elective courses at the 300/400 level 15 credit hours 394: Psychology Research 3 103 396: Psychology Research 480: Honors Thesis in Psychology electives 3 3 6 18 credit hours Students who want to enhance their major course of study by learning more about human behavior and the mind are encouraged to minor in Psychology minor in Psychology helps students further develop skills in critical thinking, research methods, scientific writing, ethical decision-making, professional presentations, and socio-cultural awareness. Required courses 101: General Psychology elective 3 3 \u2022 Choose 1 course from each of the four major areas listed below: Cognitive and Biological Sciences 311: Cognitive Psychology 382: Learning 411: Biological Psychology Developmental Processes 360: Family Psychology 221: Life Span Development 310: Child and Adolescent Development 321: Psychology of Adulthood and Aging Social, Personality, and Applied 230: Personality Psychology 330: Social Psychology 375: Human Sexuality and Gender Abnormal and Clinical Psychology 240: Abnormal Behavior 341: Child, Family and Youth Services 440: Counseling Theories and Techniques 12 104 Religion plays a central role in virtually every aspect of human society around the globe. It is not possible to understand today's pluralistic and interconnected world without knowledge of the religious traditions that lie at the foundation of distinctive cultural outlooks worldwide. Our Religion curriculum offers Peace students the opportunity to explore the histories, texts, and practices of many of the world's religious communities and to consider both the profound ways in which religion has worked historically and how it continues to inform and affect the cultural, political, and ethical debates of the current moment. Religion is offered as a minor or as a concentration in the Liberal Studies Major 18 credit hours Required courses: 6 credit hours 114: Introduction to the Old Testament 124: Introduction to the New Testament 111: World Religions 3 3 Religion electives: 12 credit hours Choose 4 courses 202: Religion in America 231: Comparative Mythology 244: Prophets and the Prophetic Movement 302: Religion in the American South 315: Wisdom in Ancient Israel and in the Ancient Near East 323: Critical Issues in Western Religious Thought 12 105 The William Peace University Simulation and Game Design program provides a broad background in simulation and game design. Practical applications in creative arts, visual arts, audio/video technology, interactive storytelling, 3D modeling, animation, programming and management are the core of the major. Combined with a Liberal Education foundation, students will be prepared to become \u201cSerious Gamers\u201d in organizations of tomorrow. The rapid growth of this industry has created a high demand for artists and designers who can combine an art background with technical know-how and an understanding of the complex interconnected world we live in Liberal Education Curriculum: Simulation and Game Design Core Courses: General Electives: Total credit hours for the B.A. in Simulation and Game Design: 49 credit hours 48 credit hours 23 credit hours 120 credit hours Note: If a Simulation and Game Design major takes ENG: 313 as their advanced writing course in the Liberal Education requirements, they may \u201cdouble count\u201d that course and replace the ENG: 313 requirement in the core course list with a general elective 48 credit hours 110: Drawing 160: Art Appreciation 220: Design and Type 1 270: Digital Media Convergence 329: Imaging 420: Motion for the Screen 313: Writing About Storytelling in Simulation 202: Finite Math 111: Intro to Simulation and Game Design 151: Programming 211: Simulation and Game Technology 222: Simulation and Game Design 311: Simulation and Game Technology 322: 3D Modeling and Animation 411: Collaborative Simulation and Game Design 422: Senior Project 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 23 credit hours 106 The Bachelor of Arts in Theatre is designed for students who want a liberal arts education with an emphasis in theatre. In addition to a broad liberal arts background, the provides the student with creative experiences of studio and performance work. Students who pursue the Bachelor of Arts in Theatre also have the chance to pursue either a double major or a minor in another discipline like English or Communication. The Bachelor of Arts degree program in theatre prepares graduates to pursue additional academic degrees or enter professional theatre, teaching, or allied fields such as communication, public relations, etc. If they choose to pursue advanced degrees graduates traditionally enter MFA, MA, JD, or PhD programs. Regardless of degree or career expectations, students complete a core of foundation courses in theatre in addition to general education courses required by the University Liberal Education Curriculum: Theatre Required Courses: General Electives: Total credit hours for the B.A. in Theatre: 49 credit hours 39 credit hours 32 credit hours 120 credit hours 39 credit hours 105: Crew 112: Introduction to Acting 212: Acting 235: Studio Voice for the Actor 270: Design I: Scenic and Costume 325: Women on Stage 322: Shakespeare 312: Acting 341: Audition Techniques 345: Stage Combat 370: Design II: Lighting 390: Theatre History 412: Acting 470: Senior Seminar 201/202/401: Theatre Performance 402: Theatre Performance 1 3 3 3 3 3 3 3 3 3 3 3 3 1 1 18 credit hours Required courses 112: Introduction to Acting 270: Design I: Scenic and Costume 390: Theatre History 201/202/401/402: Theatre Performance \u2022 Elective Theatre courses 3 3 3 1 8 107 The Bachelor of Fine Arts in Musical Theatre was designed in accordance with the guidelines and standards established by and to insure the best possible career training and success. As members of a fearless creative theatre company, musical theatre majors become confident, marketable, self-assessing artists fully prepared to step directly into the professional arena. Housed in the Theatre Department, this integrated degree provides focused and specialized training. Whether acting, singing or dancing, all our courses are interwoven and mutually supportive creating a rigorous and rewarding program. Here there is clarity of purpose that will give you the time and space to sharpen your skills and become highly proficient in all three areas. Your voice teachers, your acting teachers and your dance teachers all are working together with one goal in mind: to help you become a professional artist Liberal Education Curriculum: Note: Students must take 325 322 as part of the requirement 112 in place of 101 Theatre Required Courses: Dance Required Courses: Music Required Courses: Total credit hours for the B.F.A. in Musical Theatre: 49 credit hours 33 credit hours 16 credit hours 22 credit hours 120 credit hours Required Courses in Theatre 33 credit hours 105: Crew 212: Acting 235: Studio Voice for the Actor 270: Design I: Scenic and Costume 312: Acting 341: Audition Techniques 345: Stage Combat 370: Design II: Lighting 412: Acting 470: Senior Seminar 201/202/401: Theatre Performance 402: Theatre Performance 390: Theatre History 1 3 3 3 3 3 3 3 3 3 1 1 3 Required Courses in Dance 16 credit hours 162: Jazz 262: Jazz 362: Jazz 462: Jazz 164: Ballet 264: Ballet 1 1 1 1 1 1 108 163: Tap 263: Tap 167, 267, 367, 467: Musical Theatre Styles 1 (each course repeated once for a total of 8 credit hours required) 1 1 8 Required Courses in Music 22 credit hours 271: Applied Piano (may be repeated 4 times 275: Musicianship 276: Musicianship 272: Applied Voice (may be repeated 4 times 372: Applied Voice (may be repeated 4 times 203/403: Showcase 4 3 3 4 4 4 109 The Women\u2019s Studies minor is designed to help students examine the ways in which gender is constructed, learned, and performed in different cultures and social contexts. Women\u2019s Studies helps students to identify how these constructions of gender are shaped by power and to develop strategies for social, political and economic change. Comprised of interdisciplinary courses from across the curriculum, Women\u2019s Studies uses feminist theory as a lens to explore gender inequality and other systems of inequality, such as those based in racism, classism, heterosexism and colonialism. By using this lens, students can better understand the global issues that so many women face, including, health disparities, unpaid labor, limited reproductive choices, violence, and political under- representation. As a discipline, Women\u2019s Studies is informed by the fields of: anthropology, economics, history, law, literature, medicine, philosophy, political science psychology, public health, religion, and sociology. Classes in Women\u2019s Studies help students refine their skills in critical thinking and writing and can enhance almost every course of study. Systems that promote traditional gender role expression and power relations shape both men and women\u2019s perceptions of efficacy and professional goals. By learning tools to identify and deconstruct those systems, students can generate new ideas about careers, the role and purpose of work, and ethical decision-making within the context of their chosen profession 18 credit hours Required courses: 3 credit hours 200: Introduction to Women\u2019s Studies 3 Women\u2019s Studies electives: 15 credit hours 374: Image of Women 311: Political Leadership 325: Women On Stage 370: Female of the Species 375: Human Sexuality and Gender 3 3 3 3 3 110 214 3 credit hours Social Science credit credit This course is designed to give you a better understanding of yourself as a human being and of the world in which you live. Through the course you will be introduced to some new and different ways of viewing the world while learning about human cultural diversity. You will learn about a number of peoples from a variety of places and times and you will also learn to take a critical look at your own society and culture. You will become more aware of what culture is, how it has shaped us, and how we can change it. The course will focus on what makes cultural anthropology a distinct discipline in terms of perspective, methodology, and subject matter, and it will consider what insights the discipline has to offer. You will be introduced to some of the topics and issues that have traditionally been of concern to cultural anthropologists and you will learn what role cultural anthropology plays in our ever-changing world 216 (Physical Anthropology) 4 credit hours Natural Science credit; Three lecture hours, two-hour lab each week Have you ever wondered how crime scene investigators (CSI) can determine, from skeletal fragments, the sex, age, or ethnic identity of a murder victim? Have you ever thought about how unique humans really are? Do you want to know why we are so attracted to babies and so fascinated with the lives of the rich and famous? Are you curious about how human beings have changed over time or how different the human \u201craces\u201d really are? Through class discussion and laboratory exercises, we will explore these questions and more. You will learn about human genetics and human variation, how humans compare to the nonhuman primates, what our early ancestors were like, and how culture and biology have interacted and continue to interact to shape humankind. You will also learn basic techniques used by biological and forensic anthropologists as they evaluate data in order to solve problems. This course is a foundation course for advanced study in forensic and other branches of biological anthropology. Biological anthropology is also a recommended lab science course for students in any major, as it will help you to understand better why we humans are the way we are 218 3 credit hours Social Science credit Have you ever wondered what people like Indiana Jones really do? This course will offer you a basic introduction to the scope and concerns of archaeology, a deeper understanding of the human past, and a greater sensitivity to issues surrounding the reconstruction and representation of that past. The course will begin with a review of the history of the discipline and of the archaeological research process, then proceed to an overview of select aspects of human prehistory and of the archaeology of the United States. In doing so, some of the most famous archaeological discoveries will be covered, including Pompeii and King Tut\u2019s tomb, and also more local and contemporary discoveries such as New York City\u2019s African Burial Ground and Blackbeard\u2019s Queen Anne\u2019s Revenge. Over the semester, you will participate in several activities dealing with the analysis of material culture and you will gain practice in critically analyzing public presentations of archaeological research 240 111 3 credit hours credit Do you cry, sing, or laugh in the face of death? Do you burn, bury, or bottle the dead? Who among the dead is remembered, forgotten, and why? Is death the end of life, part of living, or the way to eternal life? The Anthropology of Death will provide you with a broad introductory survey of some of the diversity of behavior and beliefs concerning this most common and most significant of human experiences, death. The course will focus on the different understandings and meanings of death in different cultures in the past and the present, drawing mostly on examples from cultural anthropology and archaeology. Examples will be drawn from all over the world though a special emphasis will be placed on death in the U.S. The course will also address how death has been researched and theorized by cultural anthropologists and archaeologists, and practitioners in related fields. Finally, the course will address some key political issues surrounding death, burials, and memorials, including organ donation, NAGPRA, and the memorialization of 9/11 305 3 credit hours credit An introduction to the history and cultures of Hispanic communities in the United States from the first Spanish explorations and settlements to the present through the use of literary texts, films, and other art forms 315 3 credit hours Prerequisite 214 or permission of the professor Globalization is one of the key concepts of our age\u2014a term often used but little understood. Globalization is generally characterized by the increasing interconnectedness of economic, political, and cultural phenomena. While many of these connections are new, their roots lie deeper in history. These connections have come to shape the lives of virtually all of the world\u2019s peoples, often in intimate ways. Understanding globalization is central to understanding life today, including such diverse phenomena as Bollywood in North Carolina, McDonald\u2019s in Hong Kong, iPad production in China, and coffee growing in Guatemala. In order to be intelligent and compassionate actors in our contemporary world, it is important to explore the realities of globalization and consider its promise and peril. This course will do so primarily through the lens of anthropology, but will also draw upon insights and examples from history and other disciplines as well. The course will consider what globalization is today, how it developed over history, and what its effects are. Students will look at why some people are excited about globalization while others resist it. They will consider how globalization affects our politics, our economics, and our culture, addressing such diverse topics as terrorism, immigration, religious fundamentalism, and the environment, as well as McDonald\u2019s, Disney, smart phones, and hip-hop culture 368 3 credit hours Prerequisite 214 or permission of the professor Where did your ancestors come from? How did they shape America? What is America\u2013a melting pot, mosaic, or unequal mix? This course examines the complex dynamics of race and ethnicity in the United States in the present and the past. Through this course you will better understand the histories and social and cultural characteristics of different racial and ethnic groups, and the ongoing politics of racial and ethnic relations. We will explore some of the most interesting and controversial issues in American public discourse, including immigration policy, affirmative action, assimilation, and diversity in education. We will 112 explore these subjects through readings across the disciplines as well as through critical reflection on our own experiences. Although an upper-level course tied to the social sciences and humanities, the content of this course is important for majors in all fields interested in gaining a better understanding of America\u2019s diversity 370 3 credit hours Prerequisite 214 or 216 or 101 or permission of the professor William Peace University is dedicated to helping women develop to their fullest potential. But what does it mean to be a human female? To fully understand the human female\u2013in terms of their various roles and physical features across cultures\u2013an evolutionary, cross-cultural view is needed: How are we like, unlike other mammals and, most especially, our nonhuman primate relatives? What happened in the course of evolution to make us the way we are? Is the \u201cmother\u201d role instinctual? Does it\u2013 and our other roles\u2013vary across cultures today, and, if so, what factors (biological and cultural) might be responsible for this variation? This course gives students a chance to explore these questions through readings, videos, and discussions in which we examine data from nonhuman primates, the fossil record, archaeological remains of past human societies, and ethnographic research on recent and contemporary human societies. We also examine contemporary issues, such as social inequality, female infanticide, arranged marriages, genital mutilation, and \u201chonor\u201d murder, which affect millions of women in various parts of the world. No matter your major, this course will allow you to better understand yourself and your sisters\u2013no matter where they live\u2013as well as the problems women face in the world today 380 3 credit hours Prerequisites 214 or permission of instructor India is a place of paradoxes: a land of great riches and grinding poverty; a land of indescribable beauty and unmentionable horrors; a land of Gandhi\u2019s nonviolence and nuclear weapons; a land where the past and the present regularly collide and live in harmony. India is the world\u2019s biggest democracy and is poised to be one of the great powers of the 21st century. To understand our contemporary world and where it is headed, it is essential that we understand India. In this course we will explore both the past and the present of India, focusing on its historical social and cultural diversity, and the issues its people confront today. We will pay particular attention to contemporary issues of nationalism, gender, communalism, and globalization, with a special focus on Indian popular culture and the Indian diaspora 450 4 credit hours Prerequisite 218 or permission of the professor; 4 week summer program This course offers students the opportunity to learn more about the field of archaeology through participation in a summer field school. Through the field school students will develop and practice basic methods of archaeological field research. They will gain experience in conducting archaeological survey and excavation and also develop skills in such areas as mapping, stratigraphic interpretation, the analysis of cultural materials, and data processing. Through additional readings and a variety of guest speakers, students will also learn about the culture and history of the area being investigated, as well as various specializations and career paths within archaeology. As part of the field school, students will also be 113 involved in helping to make our research more public by assisting volunteers and presenting our work to site visitors, in order to promote the preservation of archaeological sites and the sharing of archaeological knowledge. The course will be held for three to four weeks during the summer at a local archaeological site 295/395/495 3 credit hours This course provides an introduction to the history and cultures of Hispanic/Latino communities in the United States from the first Spanish explorations and settlements to the present. The course will provide an overview of the diversity of Hispanic/Latino groups and experiences, and will explore how Hispanics/Latinos have become such a significant part of the U.S. society and culture. The course will focus particularly on the continuities and connections of culture that are maintained by and shape Hispanics/Latinos in the U.S. The course will also address a variety of issues relevant to Hispanics/Latinos, including immigration, bilingualism, and political representation. Students will learn about Hispanics/Latinos through readings across the disciplines, including anthropology, history, literature, film and art 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 110: Drawing 3 credit hours This course is designed for the beginning student of drawing. The problems and possibilities of visual communication using drawing media and techniques are explored. Students will experiment with various drawing materials and techniques while exploring various themes. Expressive qualities and the student\u2019s creative personal expression will be encouraged. Postmodern (mixed media) drawing projects are included in this course. Studio development is strengthened through readings, class discussions, demonstrations, project research, individual and group critiques, visits to art exhibitions, visiting artists and written assignments 160 3 credit hours Art Appreciation explores the numerous and diverse visual experiences created by various cultures as a way for them to understand and communicate their ideas and beliefs and to give meaning to their world. You will learn that these visual (often multimedia) experiences serve different functions within each culture, reflecting the ideologies of the time period, society, and maker. You will also explore the variety of materials and techniques used by different cultures, as well as the evolution of new technologies. This course will call into question modern Western culture\u2019s tendency to evaluate all other cultures by using Western notions of art, including the ideas of originality, beauty, and creativity. Current issues such as arts funding, conservation and restoration, the Nazi art loot controversy, 114 \u201cOutsider Art\u201d, art criticism, censorship, and post-modernism are also explored. Participation in the local arts community is part of this course. NOTE: This course is not a chronological study of art 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 101 4 credit hours: Three hours lecture each week, two hours lab each week; Offered fall and spring semesters student must make a \u201cC\u201d or better in 101 in order to take any upper-level biology course. This course is an introduction to the basic principles of biology common to all living things. Topics covered include cell structure and function; the flow of energy through living systems; molecular and classical genetics; structure and function of animal organ systems; reproduction and animal development; evolution, diversity and ecology; and current environmental issues. The Honors Biology Laboratory affords the student an opportunity for supplemental advanced laboratory experimentation, conducted under faculty guidance 131 3 credit hours: Three hours lecture each week This non-lab biology course, with no prerequisite, is geared toward the general student, though biology majors may also take it. In this survey of human impact on the environment, students will study how the earth functions as an ecosystem, transferring energy and recycling nutrients study of populations, communities and biomes illustrates the biodiversity of life on earth. An understanding of human population dynamics lays the foundation for information about human impact on the environment, including pollution, ozone depletion, greenhouse gases and carcinogenic toxins such as synthetic organic chemicals. The limits to earth\u2019s ability to support human life and modern society are examined, including a discussion of global food production, renewable and nonrenewable resources, and ethical, political and economic considerations 210 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in BIO101 All life depends on plants, organisms that represent the essential first step in transferring the sun\u2019s energy to Earth\u2019s food webs. Botany studies the plant kingdom, including its descent from green algae ancestors. We will look at the relationship among various groups of plants (phylogeny), how they are named and categorized (taxonomy), the kinds of plants (diversity of non-vascular and vascular plants), their structure and function (photosynthesis, respiration, anatomy, histology, nutrition, physiology), and their interrelationships with other organisms (ecology, symbiosis, economic botany). The laboratory part of this course may include local field trips. 115 320 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in BIO101 This course will emphasize the comparative approach to the study of vertebrate animals, contrasting living species to their extinct ancestors, and tracing the similarities among organisms to show their common lineage. Lecture topics will include the classification, natural history, comparative anatomy, physiology, ecology and behavior of animals within each vertebrate class. Laboratories will supplement lecture topics through microscope work, dissections, anatomical models and field collections 321 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in BIO101 This course is designed to give an overview of the diversity of life forms representing all the major invertebrate phyla. The course will cover the anatomy, physiology, classification, ecology and behavior of invertebrate organisms with special emphasis on evolutionary common ground among the major groups. It will include the importance of both beneficial and detrimental invertebrates in ecology and modern living and the relationship between the invertebrates and many advances in molecular biology. In the laboratory, students will study microscope slides, anatomical models, preserved specimens and dissections of representative animals 330 4 credit hours; Three hours lecture and three hours laboratory each week Prerequisite: \u201cC\u201d or better in BIO101 and permission of the instructor study of the relationships among living organisms and their environment. The application of ecological principles to local environments is emphasized, and contemporary environmental issues are discussed. Laboratory includes field trips, data collection, analysis of ecological data and computer modeling of ecosystems 350 4 credit hours; Three hours lecture each week, three lab hours each week Prerequisite: \u201cC\u201d or better in BIO101 Pre-/co-requisite 111-112 or permission of the professor Microbiology is the study of microbes, such as bacteria, viruses, and fungi. An understanding of cell structure, metabolism and genetics is sought before examining the pivotal roles of microbes in health and disease, biotechnology and industry, and the environment. Laboratory experiments involve growing, testing, and identifying bacteria, viruses, and fungi 380 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 student must make a \u201cC\u201d or better in 380 to take 381 Human Physiology or 382 Histology.) This course covers the essentials of human histology, structure, and function. The human body is studied from the cellular perspective to the gross anatomical perspective, system by system. The lecture primarily deals with anatomy as well as basic physiology in order to understand the mechanisms involved. The laboratory is exclusively anatomy with (1) a broad histology overview and more detailed histological work as we progress through each organ system, (2) comprehensive study 116 of the articulated and disarticulated skeleton including x-ray analysis, and (3) detailed dissection of the cat and specific mammalian organs in addition to a review of anatomical models for each organ system 381 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 380 Pre-/ co-requisite 112 This class builds on the basic concepts from 380 and offers advanced concepts of human physiology. It is designed for biology majors and pre-professional students interested in allied health careers. It covers detailed physiological mechanisms on the molecular, cellular and organismal levels. Emphasis is placed on the integrated relationship of cells and organs while incorporating diseases and clinical topics. The laboratory is exclusively geared toward physiology with computer-based and hands-on clinical experiments, which examine body function through measurements of muscle contraction, blood chemistry, heart and renal function, lung capacity, and various other parameters 382 3 credit hours; Three hours of lab each week Prerequisite: \u201cC\u201d or better in 380 This medical-based lab-only course concentrates on the characteristics, composition, and functions of adult and embryological human tissues and organs. In addition, students will differentiate between healthy and pathological samples. The sources of study will be prepared slides and computer imagery 430 3 credit hours; Three hours lecture each week Prerequisites: \u201cC\u201d or better in 101 and 1 other advanced Biology course Ethology strives to use evolutionary principles as a foundation for exposing students to a number of behavioral approaches. The course will emphasize the history, genetic mechanisms, and evolution of animal behavior. Topics include methodology and techniques used by behavioral scientists in research; behavioral ecology as it relates to social and environmental processes; the evolution of behavior patterns and social processes; and the neurophysiology and endocrinology controlling behavioral patterns 440 3 credit hours; Three hours lecture each week Prerequisites: senior standing in the Biology Major or Minor;\u201cC\u201d or better in 101 and at least 3 other biology courses Evolutionary Biology is the study of organic evolution by means of natural selection. Topics covered include origin of the cosmos and prebiotic evolution, types of selection, population genetics, isolating mechanisms and speciation, evolution of sex, modes of reproduction, rates of evolution, and extinction. Students investigate evolutionary trends within the major groups of organisms, including humans 450 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite: \u201cC\u201d or better in 101 Pre-/co-requisite 111-112 or permission of the professor; Recommended 350 Cell Biology focuses on the structure and function of cells. It examines the molecular processes that 117 are fundamental to life, including molecular genetics, metabolism, cell signaling, cell division, and differentiation. Laboratory experiments illustrate the techniques that are currently used to study cells and include staining, cell fractionation, immunological detection methods, and DNA/protein gel electrophoresis 460 4 credit hours; Three hours lecture each week, three hours lab each week Prerequisite; \u201cC\u201d or better in 101 Pre-/co-requisite 111-112 or permission of the professor; Recommended 350 Genetics is the study of genes and how the information that they encode specifies phenotype review of classical Mendelian genetics and cytogenetics lays the foundation for exploring chromosome structure, molecular biology, recombinant techniques, and population genetics. In laboratory, students arrange crosses between fruit flies, examine gene expression in bacteria, and manipulate molecules 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 499 3 credit hours Prerequisite: junior or senior standing and permission of the sponsoring faculty member The student, with the assistance of a faculty sponsor, will plan and conduct a small research project following standard scientific methods. Interested students should approach a desired sponsor among the biology faculty with a proposal for a research project. Enrollment will be limited, and students will be selected on the basis of GPA, (Minimum of 3.0 in and out of major) interest in the topic, and potential for successful completion of the project. Requires at least 120 hours of work during the 118 semester. The culmination will be an oral and written report on the project. May be used to satisfy the required pre-professional experience 120 1 credit hour This course presents a framework of money management concepts including establishing values and goals, determining sources of income, managing income, preparing a budget, developing consumer buying ability, using credit, understanding savings and insurance, providing for adequate retirement and estate planning 140 3 credit hours This course is designed to provide an introduction into the many issues, concepts, and theories involved in the study of leadership. The course will explore traditional and contemporary leadership theories and models, with a major emphasis on understanding one\u2019s self as a leader 160 3 credit hours This course exposes students to the many ways that countries differ and examines the impact of those differences on business activities. The history and theories of international trade and investment are discussed as well as the evolution and role of the global monetary system. In addition, the course will explore the current international business environment including culture, infrastructure, and economic development and examine the strategies and structures of businesses operating in that environment 180 1 credit hour Literacy with online tools and communications is increasingly important for success in the academic and working worlds. In this course students learn the basics of how to conduct research online, critically evaluate the resources they find, and communicate on a personal and professional level using social media and other tools. Students also learn about privacy, copyright, and other legal and ethical issues related to the online world. The concepts and skills covered in this class will help students succeed in future classes and as business professionals 211 3 credit hours This course provides an overview of market processes under conditions of pure competition, monopoly, and imperfect competition. Topics covered include demand and marginal utility analysis; supply and costs of production; elasticity; and consequences of government regulation of markets. In addition, students will be exposed to the application of microeconomic theory to current social problems. 119 212 3 credit hours This course provides a brief survey of aggregate demand, aggregate supply, and the role of consumption, investment, government spending, and net exports in establishing full employment equilibrium. The concepts of fiscal and monetary policy, business cycles, and economic growth are also introduced 221 3 credit hours The ability to understand financial information is critical to anyone who wants to invest in stock, apply for a loan, or evaluate the profitability of a business. In this course, students will learn how to record business transactions, prepare financial statements and analyze financial data. Students will be prepared to do basic bookkeeping for a service-oriented or retail business 222 3 credit hours Prerequisite 221 The majority of business sales are generated by corporations. In this continuation of 221, students will be able to record basic corporate transactions. Emphasis is given to developing critical thinking about complex financial data and ratio analysis. Students will also be introduced to basic managerial accounting terminology and cost-volume-profit analysis 225 3 credit hours Prerequisites 222; and 202 This course introduces basic financial management topics including financial statement analysis, working capital, capital budgeting, and long-term financing. The approach will include issues faced by multinational corporations such as foreign currency translation, international tax rates, and evaluation of international projects. Students will use problems and cases to enhance skills in financial planning and decision making 230 3 credit hours Prerequisite 160 Company survival and growth in the coming years will require a move toward global marketing with its many potential rewards and risks. This course demonstrates the role of marketing in the organization, explores the relationship of marketing to other functions, and helps students learn to make marketing decisions in a global business environment. The course shows how effective marketing builds on a thorough understanding of buyer behavior to create value for customers and how that behavior varies in different country markets. Students learn how to control the elements of the marketing mix-including product policy, channels of distribution, communication, and pricing to satisfy customer needs profitably 240 3 credit hours Prerequisite 160 This course concerns the management of organizations in a competitive global environment and evaluates the forces external to the firm that structure decisions. This course examines the different 120 elements that shape managerial discretion and the tools that organizations use to survive their environments. This course will explore the impact of cultural differences on the success and failure of a firm and will address management styles across cultures 250 3 credit hours Prerequisite 160 Human Resources Management (HRM) is a functional area of every business with the goal of attracting and retaining the best and brightest employees from all over the globe. Topics covered include intercultural sensitivity, global managers as change agents, global workforce diversity, expatriate issues, the role of the global manager, and the influence of culture on employee motivation and management styles 270 3 credit hours Prerequisite 160 This course addresses the legal and ethical issues confronting the global business manager. This course also addresses the legal system, legal processes, and several areas of substantive commercial law relevant to management decisions. In addition, it discusses the developing recognition of legal and ethical issues, and their managerial implications. The concepts studied in this course include product liability, the administrative legal process of regulation, antitrust, and the contract as the fundamental legal instrument of global commercial relations 331 3 credit hours Prerequisite 230 This course examines the creation of an advertising strategy, and explores the planning and execution of advertising and related promotional functions. Among the topics discussed are setting advertising objectives and budget, media strategy, creative strategy, and measuring advertising effectiveness. It also evaluates controversies surrounding advertisement effectiveness measurement, and reviews legal issues, including privacy, deception, and advertisement substantiation. The course emphasizes the management of advertising campaigns, expenditures, and the integration of advertising efforts as part of the total marketing program 332 3 credit hours Prerequisite 230 This course provides an overview of current knowledge about consumer behavior. Basic behavioral science and specific techniques used in marketing practice are covered. Course topics include focus group interviews and qualitative research, survey analysis, sensory and perceptual analysis, attitude analysis, value analysis, and psychographics. The approach is not mathematical, but is technical. The course is directed at students preparing for positions in brand management, advertising, and marketing research 336 3 credit hours Prerequisites 230, and 201 121 This course considers the gathering of marketing related data from individuals and organizations, with particular emphasis on integrating problem formulation, research design, and sampling so as to yield the most valuable information. Statistical approaches to improve marketing decision making in such areas as strategic marketing, advertising, pricing, sales force management, sales promotions, new products, and direct marketing are examined. The development, implementation, and use of quantitative models are emphasized 340 3 credit hours Prerequisite 160 As a process of working with others to accomplish shared goals, leadership must be studied in the context of groups and teams. The purpose of this course is to provide students with the knowledge and skills necessary to lead and work effectively in groups and teams. This course will explore theory, practice, and research in group process, including group dynamics, group roles, teamwork, diversity, decision-making, conflict resolution, motivation, and visioning and goal setting 343 3 credit hours Prerequisite 140 This course examines the opportunities and issues when leading an organizational change effort. Emphasis is on organizational vision, motivation, organizational culture, alignment of organizational systems, and theories of change. Students will learn to form vision statements, implement strategies for organizational change, anticipate obstacles, and maintain motivation. Students will also analyze the successes, the failures, and the multiple dilemmas of modern organizations in the private, nonprofit, and public sectors in order to better understand the causes, implications, and potential leader actions and strategies associated with organizational change 345 3 credit hours Prerequisites 230 240, and 250 This webinar based course exposes students to a variety of issues related to identifying and taking advantage of global business opportunities. Specific topics to be covered are exporting, accounting and taxation, logistics, off-shoring, staffing, and cross-cultural negotiation. These webinars will be presented in partnership with both government and non-governmental organizations 354 3 credit hours Prerequisite 250 Every employee has his/her performance evaluated and every supervisor evaluates someone\u2019s performance. This course is designed to provide you with an in-depth study of performance management (PM) in an organization. You will understand why effective performance management is critical, develop the skills to give feedback to employees, and learn how to develop a performance appraisal system required team project allows students to enter a local organization and evaluate their performance management system against the criteria taught in class. You should leave the course possessing a set of \u201ctools\u201d which can be used in effective performance management 356 3 credit hours 122 Prerequisite 250 Managers in all departments are responsible for selecting and training new employees. These decisions are increasingly being made across national borders where learning styles and expectations can differ greatly. In this course, you will get hands-on experience exploring on-line resources, planning a job analysis, and making a hiring decision. You will also learn how to develop training programs relevant to adults\u2019 immediate needs and learning styles 426 3 credit hours Prerequisite 250 This course focuses on improving the efficiency and effectiveness of a company\u2019s marketing activities. Topics will cover product management, pricing, distribution and inventory, market segmentation, and positioning. The course will demonstrate quantitative techniques for determining sales territories and compensation; advertising and other promotional budgets; product line and business unit profit margins; and other metrics for determining the net contribution of the marketing program 441 3 credit hours Prerequisites 225, and 240 Vast amounts of data are collected in today\u2019s business environment. The most successful managers are those that can put this information to work effectively to guide their decision process. This course prepares student to describe, gather, and analyze business data and to use statistical and management science tools to make effective business decisions in operations, finance, marketing, management, and staffing 499 3 credit hours Prerequisites: Senior standing and completion of 225 230 240, and 250 company attains a competitive position when the configuration of its product mix and service activities generates superior value for customers. The challenge of formulating effective competitive strategy is to balance the opportunities and risks associated with dynamic and uncertain global environment. This course will explore changes in industry attractiveness and competitive position and students will develop skills for formulating a global strategy. This is the capstone course for all students seeking a degree in Business Administration 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must 123 be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 111-112 4 credit hours: Three hours lecture each week, three hours lab each week Prerequisite: two years of high school algebra for 111 111 with at least a \u201cC\u201d average for 112; Recommended: high school chemistry This course will introduce the fundamental principles of chemistry, matter, and the changes that matter undergoes. You will use demonstrations and laboratory experiments to obtain a clear understanding of the material presented. Topics related to your major and to environmental issues will show you the chemistry around you 211-212 4 credit hours: Three hours lecture each week, three hours lab each week Prerequisite 112 with at least a \u201cC\u201d average Organic chemistry is a systematic study of carbon compounds. This course provides a foundation for further studies of biology, chemistry, and biochemistry. You will study the types of organic compounds and their reactions and uses in everyday life 350 4 credit hours Prerequisite 211 with a grade of \u201cC\u201d or better; Three hour lecture and one hour problem session each week Biochemistry is the study of the molecules and chemical reactions of life. You will use the principles and language of chemistry to explain biology at the molecular level. The major types of biomolecules will be studied, as well as their use in metabolism and bioenergetics 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status 124 course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 101 3 credit hours The ability to compose and deliver an effective speech to an audience will enable you to succeed personally and professionally. In this course, you will learn how to overcome the nervousness or \u201cstage-fright\u201d that everyone experiences when asked to speak in public. You\u2019ll also develop your analytical thinking by learning how to analyze an audience and write a speech for that audience using effective informational and persuasive strategies. Finally, you will practice effective verbal and non- verbal techniques that will help you comfortably deliver the message in any situation 105, 106, 205, 206, 305, 306, 405, 406 1 credit hour Put your growing communication skills into practice, have your work published, add to your portfolio, and have an impact on the University community \u2013 that\u2019s what this course is all about. Students organize themselves into a working staff that publishes regular issues of the student newspaper, The Peace Times. There\u2019s a lot to do, and staff members do it 108 1 credit hour Students go to four days of film showings at the annual Fullframe Documentary Film Festival 200 3 credit hours This is the big picture, a broad overview of the many media that make up \u201cthe media.\u201d The subject matter is as familiar as our car radio and as fresh as last night\u2019s Web surfing. Examining the Internet, magazines, Hollywood moviemaking and lots of other industries, the course is aimed at consumers and potential practitioners of the media. Various perspectives, including historical, cultural, legal, and economic, are explored 211 3 credit hours Do you regularly check Facebook? Have you ever learned something new from a tweet? Do you go online to get your news? More and more people are answering \u201cyes\u201d to these questions, as online, interactive and social media are becoming a dominant force in the mass media landscape. In this course, students will learn how to write and report for the Web and social media, as well as how to use sites like Twitter and Facebook for marketing. You will become a local expert in a subject and an owner and regular contributor to a blog and social media accounts 220 3 credit hours 125 This course introduces you to the basic elements of design and the fundamental principles of visual composition. We\u2019ll cover electronic typesetting and page layout using software specific to the graphic design industry in a Mac-based environment. You will learn a wide range of techniques and materials for design making and develop fundamental skills in design processes 230 3 credit hours Good writing is fundamental to any communication enterprise, as it is for almost any undertaking in our information society. In this course, you will learn to recognize and apply different kinds of media writing, from print journalism to broadcast journalism to public relations. Also emphasized are key concepts such as accuracy, objectivity, and attribution 240 3 credit hours Public Relations is a broad subfield in communication and touches every industry. This introductory course gives you an overview of the field of PR, including history, theory, and principles. We\u2019ll also explore how fits in as an important function in all organizations 270 3 credit hours Technology has transformed traditional mass media. In this course, we help prepare you for working in a converged media environment. You\u2019ll create multi-media content for the Communication Department\u2019s converged media web site and for your own web-based digital portfolio 300 3 credit hours Prerequisite/Corequisite 201 Much of our research in the communication field centers on understanding the audience. Who are they and how do we reach them? During this course, you\u2019ll learn the basics of conducting applied communication research, including why we do it and how research helps us. As part of a team, you\u2019ll collect data and learn how to analyze and present your findings 317 3 credit hours Prerequisite 220 Typography communicates a message. In this course, you\u2019ll learn about the issues of contemporary and traditional typographic principles and practices. This includes: issues of hierarchy, typographic formats, specifications/organization of space, working with type and type/image relationships in constructing messages, and the use of technology in typographic design. Special emphasis will be placed on developing your analytical, technical, visual, and creative thinking skills 329 3 credit hours Prerequisite 220 In this course, you\u2019ll explore a wide range of techniques and stylistic approaches to illustration and image making for graphic design. Emphasis will be placed on conceptual thinking and distinctive 126 personal solutions through a series of projects that use collage, digital photography, and computer illustration 340 3 credit hours Prerequisite 240 In this course, you\u2019ll work with a range of tools public relations practitioners use in their day-to-day activities to create materials for print, broadcast and social media. You\u2019ll gain project management tools to help you plan special events, prepare your organization for crisis, and track ongoing issues or trends 390 3 credit hours Prerequisite 270 In this class, we will learn how to assemble all of the video, stills, graphics, special effects, transitions, natural sounds, and music into a media production extraordinaire. We use the industry-leading software Final Cut to create effective storytelling and output the finished product onto and the internet 417 3 credit hours Prerequisite 317 The goal of this course is to help you develop your graphic design skills. We apply communication principles to solve problems through basic principles of typography, color theory, and visual composition. Some projects will be taken from concept to actual production as we work with clients from the campus and local communities to diagnose and solve real-world communications problems 420 3 credit hours Prerequisites 317, and 390 Although designers still communicate messages by integrating form, image, color, and type, the basic media of visual communication are changing. Designing for these new media requires new design strategies, as well as new technologies. In this course, you\u2019ll begin to incorporate motion, interactivity, and digital video along with traditional typography and image making 465 3 credit hours Prerequisite 240 This course will give you the opportunity to do professional client work with organizations in the community. This capstone course combines a collaborative learning model with service learning, allowing you to work with a small team to address a communication-related problem or opportunity. You\u2019ll see your efforts and ideas make a difference 475 3 credit hours Prerequisite 390 127 The course is designed to give upper-level Communication students an opportunity to produce a quality, non-fiction documentary. The course expands on the production skills covered in Digital Media Convergence and Multimedia Editing, providing more in-depth analysis and experience with the storytelling process. You\u2019ll create a documentary on a subject relating to social and/or cultural issues of the community 480 3 credit hours Prerequisite: Senior standing or permission of professor Through this course, you\u2019ll have the opportunity to apply everything you\u2019ve learned so far in your communication coursework to work as professionals on a real-world client project in an agency-like environment. This course serves as the senior seminar for the major 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 200 1 credit hour 200 is a prerequisite for admission to the Education Program This course is designed to provide an introduction to a career as an educator. Students will engage in reflective activities that will focus on the conceptual framework of the teacher education program and current trends in the field of education. Students meet for seminars arranged around specific topics pertinent to the field of education. 128 250 3 credit hours: For education majors only This course is a general introduction to the characteristics of exceptional learners and their education. It focuses on terminology, etiology, characteristics, interventions and programs for students with special needs. The course focuses on fundamental background knowledge of the field of special education as well as current information on how students with disabilities are served within the inclusive schools 302 3 credit hours: For education majors only This course gives an overview of research based literacy instruction. Students learn the various parts of a balanced literacy program. Attention will be given to early literacy development, appropriate teaching techniques and differentiation 303 3 credit hours: For education majors only This course addresses the major social studies concepts for the elementary learner. Students evaluate a variety of instructional materials for teaching social studies. Students learn how to implement effective instruction in social studies 304 3 credit hours: For education majors only This is an exploration of the processes of learning mathematics concepts through the eyes of a young learner. Students study, practice, and demonstrate the elements of a comprehensive elementary school mathematics program and become familiar with management strategies for its implementation. An emphasis is placed on constructivist based assessment-informed instruction 305 3 credit hours: For education majors only This course examines the processes of learning to investigate science, as well as specific science content for the elementary teacher. Students study, practice, and demonstrate scientific inquiry and become familiar with management strategies for its implementation and assessment 325 3 credit hours: For education majors only The course covers the following areas in working with students with disabilities: 1) an overview of the process and procedures for providing special education services, 2) current advances in instructional and assistive technology, 3) preparation of IEP\u2019s 330 1 credit hour: For education majors only During this field experience, students spend a minimum of 45 hours in a middle or high school under the direction of an experienced special education partner teacher. In addition to a weekly schedule, teacher candidates will attend several school meetings and events before and after school hours 331 1 credit hour: For education majors only 129 Students spend a minimum of 45 hours in an elementary school under the direction of an experienced partner teacher. In addition to a weekly schedule, students will attend several school meetings and events before and after school hours 351 3 credit hours: For education majors only Students will gain an understanding of classroom management strategies. This includes a theoretical foundation, application activities, various forms of behavioral assessment and data collection techniques, and strategies in positive behavioral support, cognitive behavior management, self- management strategies, conflict/stress management, and anger management 402 3 credit hours: For education majors only This course provides an overview of a variety of assessment techniques in order to determine instructional content, procedures, and documentation of student learning and progress in grades K- 12. The course is designed to prepare students to select and interpret formal and informal assessment instruments and techniques 452: 21st 3 credit hours: For education majors only In 452, candidates create an integrated unit of study emphasizing the development of lessons that meet the needs of diverse learners and formative assessment data to drive future instruction. Teacher candidates integrate mathematics and literacy with science, social studies, arts and technology to design a balanced unit of study 460 3 credit hours: For education majors only Prerequisite 302 This course will provide an in-depth study to balanced literacy in the K-6 classroom. Diagnostic tools for the assessment of literacy will be introduced and used to write lesson plans to meet the needs of diverse learners. Concentration will be given to the integration of technology in literacy classrooms and 21st century learning 496 15 credit hours: For education majors only Prerequisite: All Education Courses Teacher candidate will student teach for 15 weeks in a public school setting. This course is required to earn a license to teach in the public school classroom. Both a clinical teacher and a college supervisor will plan the observation and teaching schedule for the teacher candidate, leading to an assumption of total responsibility for instruction and for other tasks normally performed by the clinical teacher. Teacher candidates are required to work in the assigned classrooms for the entire day during the 15 week student teaching experience. They adhere to the public school\u2019s schedule, not William Peace University\u2019s calendar, and are not excused during University breaks. Seminars convene weekly on campus in the late afternoon. The purpose of these seminars is for reflection on practice and address topics relevant to the role of educators 130 100 3 credit hours course designed to prepare the student for college-level composition through intensive practice in writing, editing and revising sentences and paragraphs. Students are placed in this course based on the results of the English Placement Exam scores and/or previous grades in English. Satisfactory completion of the course is required before entry into English 112 108 1 credit hour Students go to four days of film showings at the annual Full Frame Documentary Film Festival 112 3 credit hours one-semester course in writing that emphasizes organization and effective expression of ideas, expository and argumentative modes of essay writing, conventions of standard written English, analytical and interpretive reading skills, and use of evidence from written literature of various kinds specific research project is assigned 147 1 credit hour/year: Students may repeat this course for additional credit course in which student editor(s) and students design and produce the Prism. Responsibilities include organization of staff, establishment of procedures and standards, solicitation of student contributions of prose, poetry, and artwork, and work with layout and desktop publishing 211 1700 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement An introduction to major works of British literature from its beginnings through the eighteenth century, including such figures as Chaucer, Spenser, Shakespeare, Milton, Pope, and Swift 212 1700 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement An examination of British literature from 1700 until the present, focusing on theme and ideology within literary, historical and cultural contexts. The course treats various genres, with emphasis on poetry and fiction 214 3 credit hours Prerequisite 112 An introduction to novels and short fiction by representative English, American, and continental authors, illustrating the evolution of fiction as a genre. The formal elements of fiction are examined in historical contexts 216 1700 131 3 credit hours Prerequisite 112; This course fulfills the 200-level writing requirement An introduction to the works and authors of American literature from 1700 to the present. The course examines works within their historical, cultural, and literary contexts 219 3 credit hours Prerequisite 112; This is a course and it fulfills the 200-level writing requirement This course introduces students to the main periods and movements of Latin American literature from the conquest and colonial periods to \u201cthe Boom\u201d and \u201cpost-Boom\u201d movements of the twentieth century and beyond. All selections will be taught in translation, including authors such as: Col\u00f3n, de las Casas, Sor Juana, Bol\u00edvar, Dar\u00edo, Mart\u00ed, Mistral, Vallejo, Neruda, Rulfo, Garc\u00eda M\u00e1rquez, Fuentes 220 1700 3 credit hours Prerequisite 112; This is a course and it fulfills the 200-level writing requirement This course provides an introduction to world literature from its ancient beginnings through 1700 C.E. An emphasis will be placed on genre or literary style, as well as the beliefs and practices of the cultures that produced these important literary works. Several overarching themes, such as the journey, cross- cultural encounters, and the definition of love, are explored in an attempt to discover more about ourselves and the human condition 221 1700 3 credit hours Prerequisite 112; This is a course and it fulfills the 200-level writing requirement This course provides an introduction to literature from 1700 forward. An emphasis will be placed on genre or literary style, as well as the beliefs and practices of the cultures that produced these important literary works. Several overarching themes, such as colonialism, women\u2019s rights, and the meeting of East and West, are explored in an attempt to discover more about ourselves and the human condition 285 3 credit hours Prerequisite 112 writing workshop emphasizing poetry and short fiction. Parallel reading includes contemporary works and current periodicals. Student writing will be analyzed in class and in individual conferences portfolio of creative work is required 312 3 credit hours Prerequisite 112; This course fulfills the 300-level writing requirement An upper-level writing course designed to focus on style and complexity of development. The theme or topic of the course may vary, but the emphasis will be on the development of mature writing styles. The course will offer practice in writing non-fiction: profiles, essays, opinion pieces, investigative reports, interviews, and/or personal narratives. Students will use rhetorical strategies, principles, and standards of proof appropriate to subject matter, audience, and language 313 132 3 credit hours Prerequisite 112; This course fulfills the 300-level writing requirement This course satisfies the third-year writing requirement by asking students to analyze how our contemporary technology-driven society understands the concept of story. To what degree have traditional terms such as \u201cplot\u201d and \u201ccharacter\u201d changed in a culture that experiences them primarily through television, movies, and video games? How have new forms of pop culture narratives affected what we expect from beginnings and endings in the stories that we tell about ourselves? Students will write analysis papers, conduct research, and propose arguments that evaluate changes in a range of storytelling techniques from traditional fictions to the newer interactive standards inspired by video games, cloud computing, and social networks 314 3 credit hours Prerequisite 112; This course fulfills the 300-level writing requirement Study of written communication in professional organizations, emphasizing specialized documents, technical editing, and publication management. Intensive practice in preparing documents \u2013 such as letters, proposals, reports and memos \u2013 according to appropriate principles of writing and design 316 3 credit hours Prerequisite 112; This course fulfills the 300-level writing requirement An in-depth study of grammar, with attention given to etymology 322 3 credit hours Prerequisite: a 200-level literature course study of nine Shakespeare plays, including at least one from each of the main genres\u2013history, comedy, tragedy and romance 325 3 credit hours Prerequisite: a 200-level literature course The lines between queens and \u201cqueans\u201d (Renaissance slang for prostitutes), actresses and courtesans, singers and scandal makers has always disturbed the (mostly male) writers and lawmakers attempting to regulate the spectacle of a woman displaying herself in public during the seventeenth and eighteenth centuries. Examining plays and other texts from the time when boys took female roles through the introduction of the actress to the public theatres, this course will interrogate the social, political, artistic, and moral implications of women on stage 336 3 credit hours Prerequisite: a 200-level literature course study of the nineteenth-century British novel, including six to seven works from such authors as Austen, Shelley, the Brontes, Dickens, Collins, Thackeray, Gaskell, Eliot, Trollope, Hardy, and Wilde 338 3 credit hours 133 Prerequisite: a 200-level literature course study of significant fiction (short stories and/or novels) primarily focused on British and American authors, with additional world authors. Depending on the professor, the course may be organized thematically and/or geographically 352 3 credit hours Prerequisite: a 200-level literature course study of African-American writers from the beginnings to the present and their relationship to American culture and history, including figures such as Wheatley, Douglass, Chesnutt, Dunbar, DuBois, Hughes, Hurston, Wright, Baldwin, Morrison, and Walker 354 3 credit hours Prerequisite: a 200-level literature course study of major Southern writers, emphasizing those of the 1920s Renascence, and contemporary writers 356 3 credit hours Prerequisite; a 200-level literature course study of the American novel, including eight to nine works by authors such as Hawthorne, Melville, Crane, Twain, James, Cather, Wharton, Fitzgerald, Hemingway, Faulkner, and Nabokov 358 3 credit hours Prerequisite: a 200-level literature course course that examines important movements in twentieth-century poetry and their late nineteenth- century influences. Emphasis will be placed on French symbolism, Latin American modernismo and vanguardism, and various trends in North American poetry. The basic objectives for this course will be to understand the literary, cultural and historical contexts of important poems and discover new techniques for reading, responding to and writing about poetry 374 3 credit hours Prerequisite 112 This course examines the expression of women\u2019s experiences and perspectives in various forms: poetry, the short story, the essay, the manifesto, autobiography, and the visual arts, with a focus on literature. Topics covered include the search for identity, gynocentrism, first, second, third wave, and third world feminism 375 3 credit hours Prerequisite: one or more 200-level literature courses 134 survey of major developments in literary and critical theories. Allowing for some attention to historical perspectives, the course primarily focuses on twentieth and twenty-first century theories 376 3 credit hours Prerequisite: a 200-level literature course An examination of novels and short stories that address American legal dilemmas, as well as a consideration of the law itself as a collection of narratives that try to establish practical applications of American cultural ideals. Readings will include fiction by such important writers as Edith Wharton, Richard Wright, and William Faulkner alongside the texts of Supreme Court decisions and legal arguments from important turning points in American history 378 3 credit hours Prerequisite: a 200-level literature course or permission of the professor An introduction to literature written for children, focusing on the British-American tradition that evolved from Alice in Wonderland and including additional works chosen from world literature 382 3 credit hours Prerequisite 112 An introduction to the basic vocabulary of film studies as well as various models of film theory, including, but not limited to: deconstruction, psychoanalysis, and feminism. The primary emphasis is on feature length, narrative fiction films, but attention is also paid to documentaries and experimental films. Questions about the cinematic representation of class, race, and gender are explored. The course content may vary from term-to-term by focusing on a particular theme or issues 400L 1 credit hour Prerequisites: Successful completion of 112, and both a 200- and 300-level writing course. Students must be registered simultaneously in 400. This course fulfills the 400-level writing requirement. Students will participate in a writing lab linked to their 400 coursework. Early sessions will emphasize review and mastery of the writing skills taught throughout the previous three years of writing courses. When students begin work on comprehensive writing projects in 400, this lab will serve as a place to work through the writing process with peer review, workshops, and individual help 470 3 credit hours Prerequisites: a \u201cC\u201d or better in coursework in the major, senior status Students will read and respond to a selected list of literary works focused on a particular theme, genre, or author, in scheduled class meetings for the first half of the semester. During the second half of the semester, class meetings may alternate with conferences. In class, students will give focused responses to the reading assignments, demonstrate competency in various forms of composition, 135 complete a working bibliography, and write a comprehensive essay on a subject derived from the readings. At term\u2019s end, students will deliver to the English faculty substantive oral presentations based on their critical research 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 103 3 credit hours From the earliest human societies to the cusp of the modern world, World Civilizations to A.D. 1500 introduces students to the pageant of human history, with a global focus. Students will become familiar with the key factors and in the rise of the earliest civilizations, how they blossomed, transformed and, in many cases, fell. The course ends in 1500, when global interactions increase in their scope and their velocity. Special attention will be paid to interactions between seemingly separate societies and to the effects these interactions have had since the beginnings of human civilization. Through writing assignments, the study of primary source documents and through essay- based examinations, students will gain a familiarity with the document-based art of history 104 3 credit hours It might be argued that A.D. 1500 signaled the dawn of the global era. Or was there no dawn, was 136 there merely the growth of earlier global reactions fostered by new technologies? World Civilizations from A.D. 1500 explores the last half-millennium, a time during which global contacts increased both in their scope and in their velocity, creating a world system that requires our understanding if we are to function as informed citizens in the world today. Special attention will be paid to the increased exchange of information, technology and biota (including people) in an era of increased globalization, and to the impact that \"Western\" cultures and \"non-Western\" cultures have had on each other. Through writing assignments, the study of primary source documents and through essay-based examinations, students will gain a familiarity with the document-based art of history 201 3 credit hours Affords students an opportunity to gain an understanding of the history of the United States essential for American citizenship. The course endeavors to recount and explain the development of American democracy. It examines ideas, institutions and processes that affected the achievements of the American people. It focuses on decisions that reflected national goals and directed national purposes; on people who made these decisions; and on problems in foreign policy, growth of capitalism, political practices, social behavior and conflicting ideals 202 3 credit hours This is the follow-up course to History of the United States I. This course allows the student the opportunity to gain an understanding of the history of the United States essential for American citizenship from 1877 forward. The course endeavors to recount and explain the development of American democracy. It examines ideas, institutions and processes that affected the achievements of the American people. It focuses on decisions that reflected national goals and directed national purposes; on people who made these decisions; and on problems in foreign policy, growth of capitalism, political practices, social behavior and conflicting ideals 315 3 credit hours Prerequisite 214 or permission of the professor Globalization is one of the key concepts of our age\u2014a term often used but little understood. Globalization is generally characterized by the increasing interconnectedness of economic, political, and cultural phenomena. These connections affect virtually all of the world\u2019s peoples, often in intimate ways. Understanding globalization is central to understanding life today, including such diverse phenomena as Mexicans in Mt. Olive and bombings in Baghdad. In order to be intelligent and compassionate actors in our contemporary world, it is important to explore the realities of globalization and consider its promise and peril. This course will do so primarily through the lens of anthropology, but will also draw upon insights and examples from other disciplines as well. The course will consider what globalization is, where it came from, and what its effects are. Students will look at why some people are excited about globalization while others resist it. They will consider how globalization affects our politics, our economics, and our culture, addressing such diverse topics as terrorism, immigration, religious fundamentalism, and the environment, as well as McDonald\u2019s, Disney, cell phones, and hip-hop culture 348 1865 3 credit hours Prerequisite: 3 semester hours survey-level 137 This course examines the factors that have made the South a distinctive part of the United States, from the end of the Civil War to the present. In doing so, the course treats geographic, socio-economic, ethnic, political, and cultural developments in the region 368 3 credit hours Prerequisite 214 or permission of the professor Where did your ancestors come from? How did they shape America? What is America\u2013a melting pot, mosaic, or unequal mix? This course examines the complex dynamics of race and ethnicity in the United States. Through this course you will better understand the social and cultural characteristics of different racial and ethnic groups, their histories, and the ongoing politics of racial and ethnic relations. We will explore some of the most interesting and controversial issues in American public discourse, including immigration policy, affirmative action, assimilation, and diversity in education. We will engage these top primarily through sociological data and ethnographic case studies, as well as through critical reflection o our own experiences and through interactions with members of various local communities. Although an upper-level social science course, the content of this course is important for majors in all fields interested gaining a better understanding of America\u2019s diversity 380 3 credit hours Prerequisites 214 or permission of instructor India is a place of paradoxes: a land of great riches and grinding poverty; a land of indescribable beauty and unmentionable horrors; a land of Gandhi\u2019s nonviolence and nuclear weapons; a land where the past and the present regularly collide and live in harmony. India is the world\u2019s biggest democracy and is poised to be one of the great powers of the 21st century. To understand our contemporary world and where it is headed, it is essential that we understand India. In this course we will explore both the past and the present of India, focusing on its historical social and cultural diversity, and the issues its people confront today. We will pay particular attention to contemporary issues of nationalism, gender, communalism, and globalization, with a special focus on Indian popular culture and the Indian diaspora 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 138 380 1 credit hour Prerequisite: junior or senior status You will distinguish rhetorical and explanatory statements from rational arguments and develop the skills required to think critically about any issue that may arise in your academic, professional, or personal endeavors. You will practice identifying, interpreting, and evaluating arguments of the sort found in books, journal articles, speeches, newspaper editorials, letters to the editor, magazine articles, and scientific reports 470 3 credit hours Prerequisites: senior status; Offered spring semester You will examine selected topics from the perspectives of multiple disciplines. You will take two essay exams and write a research paper. In class, you will openly discuss the issue for the day, analyze \u201cpro\u201d and \u201ccon\u201d positions on the issue, and participate in paper workshops. You will improve your ability to apply useful ways of asking questions, to gather information, to evaluate evidence, to understand the world, and to confront moral problems 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 097 3 hours institutional credit 139 This course is designed to prepare students for College Algebra (MAT111). You will achieve a better understanding of the mathematics you will need for use in all disciplines, improve your understanding of the basic mathematical concepts of algebra and geometry, improve your mathematical skills, and explore familiar concepts using different techniques. This course does not count as credit toward meeting graduation requirements 111 3 credit hours You will study real numbers, solving equations and inequalities, algebraic functions, graphing functions, and inverse functions. You will also study an introductory probability and counting methods. Note 111 is also offered with workshop, which meets five hours per week 112 3 credit hours Prerequisite 111 or placement by mathematics faculty You will study exponential and logarithmic functions, trigonometric functions, trigonometric identities and equations, applications of trigonometry, and systems of equations 121 3 credit hours Prerequisite 111 or 201 This course is designed to strengthen your mathematical abilities and confidence in those abilities before you become a classroom teacher. Your will explore topics in mathematics from arithmetic (numeration systems, number theory, and operations on fractions), algebra (patterns and algorithms, and from geometry (shape and space, length, area, volume, and symmetries). All students are welcomed to take this class 201 3 credit hours Prerequisite 111 or 202 or placement by mathematics faculty You will be introduced to descriptive and inferential statistical concepts, including elementary probability, frequency distribution, random variables, binomial and normal distributions, confidence intervals, hypothesis testing, correlation, and linear regression. Most students should take this course during the sophomore year 202 3 credit hours Prerequisites 111 or placement by mathematics faculty You will study selected topics in finite mathematics, including set operations, Venn diagrams, elementary probability, counting techniques (including permutations and combinations), matrices, solving systems of equations, linear programming, and mathematics of finance 241 4 credit hours 140 Prerequisite 111-112 or placement by mathematics faculty You will study limits, derivatives, and anti-derivatives of algebraic, trigonometric, exponential, and logarithmic functions. You will also study the application of calculus to graphing functions, the fundamental theorem of calculus, and definite integrals. This class is offered in the fall semester 242 4 credit hours Prerequisite 241 or placement by mathematics faculty You will study the applications of the definite integral in areas, volumes, and surface areas. You will also study inverse trigonometric functions, hyperbolic and inverse hyperbolic functions, including their derivatives and integrals, techniques of integration, indeterminate forms, improper integrals, infinite series, tests of convergence, polar coordinates, and conic sections. This class is offered in the spring semester 301 3 credit hours Prerequisite 201 or permission of professor You will examine relationships between two variables using parametric and nonparametric statistics: graphical techniques, simple linear regression and correlation methods, experiment design and sampling. Other topics will include confidence intervals and hypothesis testing with graphics in multiple samples and/or variables cases: tests for means/proportions of two independent groups, analysis of variance for completely randomized design, contingency table analysis, correlation, single and multiple linear regression; design of experiments with randomized blocks, factorial design and analysis of covariance. Application of these topics will be drawn from business, economics, the social sciences, biology and other areas. Students will use statistical analysis technology 341 4 credit hours Prerequisite 242 or placement by mathematics faculty You will study parametric equations, vectors, solid analytic geometry, functions of several variables, vector-valued functions, partial derivatives and their applications, multiple integrals, elementary differential equations, and Green\u2019s and Stoke\u2019s theorems. This class is offered in the fall semester 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit. 141 201 3 credit hours You will embark on an introductory survey of many of the main philosophical issues in contemporary Western thinking. You will discuss current and historical philosophers as you examine the following topics: logic, religion, knowledge, the mind, the self, free will, and ethics 400 3 credit hours Prerequisite: senior status; Offered each semester You will study the relationship among religion, ethics, and the professional world. You will examine ethical theories and contemporary moral problems as you learn how to create your own good moral arguments on both personal and professional topics 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 119 1 credit hour physical conditioning class focusing on the principles and practice of strength and resistance exercise. Technique and progression for use of different modalities of strength training is covered 123 1 credit hour Participants exercise to music for the purpose of developing cardiovascular endurance, strength, and flexibility 134 1 credit hour Rules, scoring, history, and skill development of the forehand, backhand, volley and serve. For students with little or no previous tennis experience. 142 136 1 credit hour An introduction to the basic principles of Yoga, an integrated system of education of the body, mind, and spirit. The student will focus on the physical aspects of the practice and deepening body awareness 154 1 credit hour An introduction to the Fundamentals and Exercises of Pilates Matwork. Based on the work of Joseph H. Pilates, students learn this integrated system of movement, breath, and experiential anatomical awareness to increase core body strength, flexibility, and range of motion 195/295 1credit hour course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 201 3 credit hours All of us are affected every day by what the federal government does. As an American citizen, you need to know how it is organized and how it works. In this course, you will learn about the history, constitutional basis, structure, and processes of American government. You will learn about the effects that the media, interest groups, political parties, and public opinion have on the government. You will also begin to learn how to analyze particular types of policies (such as foreign policy, environmental policy, and economic policy) in a systematic way. If you decide to major in political science (PSC), this course is the pre-requisite for all other courses. In any event, you will leave the course as a better- informed citizen, with a solid foundation for future studies in politics, policy, business, and law 202 3 credit hours Americans tend to be more familiar with the federal government than with state and local governments, although these latter governments affect most of us more directly on a daily basis. As a companion course to 201 (American Government), this course will help you understand the different types of local and state government institutions, how these institutions interact with the federal government, how laws that affect you on a daily basis are passed, and how you, as an average citizen, can influence local and state Government through advocacy, interacting with local and state officials, and voting. At the end of this course, which is required of all majors, you will have a more thorough understanding of municipal, county, and state government, including how the court system works at all of these levels. You may even be inspired to run for local or state office after taking the course 260 3 credit hours 143 Think of any area of public policy (such as crime, foreign policy, social security, or health care), and you will notice that both politics and economics would be involved in discussing what is being done (or what should be done) in that policy area. In this course, you will learn how economics applies to making decisions about public policy. You will also learn how to use basic economic analysis to evaluate policy choices, and you will see how politics may affect the choices you might make. You can take this course even if you have not previously had an economics course. Even if you do not major in PSC, this course would be particularly valuable to persons working in government and business 270 3 credit hours The judiciary is one of the three branches of our constitutional system. How it and the underlying legal system operate is important to all of us. In this course, you will get an overview of American law and the American legal system. You will learn what the law is, what it does, where it is found, and how it impacts individuals and society. You will also learn about many specific legal topics, such as contracts, torts, and the criminal law. If your future plans include law school, this course is highly recommended. Even if you do not major in or do not plan a career in law, you will find the course helpful in everyday life and as background for careers in business and government 280 3 credit hours Public policy is what government decides to do or not to do about perceived public problems. Because we read newspapers, watch television, listen to radio, and surf the internet, we are all aware of some of the problems on the agenda from time to time partial list might include capital punishment, abortion, terrorism, taxes, and the economy. Who decides what policy is? How is policy made? In this course, you will examine the policy process and deal with selected areas of domestic policy. In doing so, your point of view will be that of the observer or the person having a stake in the policy decisions made, not of the policy analyst. You will engage in informal debates, as part of a task force, about specific policy issues. Even if you do not major in PSC, this course would benefit you if you plan a career in business or government 304 3 credit hours Have you ever wondered why gridlock is often the norm in the federal government or why the president and members of Congress are often at each other\u2019s throats, even when they are members of the same political party? This course examines the historical development, selection, and internal organization of the presidency and Congress. It deals with the relations between the branches and the influence of public opinion, interest groups and parties on the federal government. Students will become familiar with the legislative process through understanding these institutions. They will also understand the evolving nature of the power relationship between the institutions and the challenges faced by political leaders in the executive and legislative branches of government 305 3 credit hours Have you ever thought about running for political office or about working on a political campaign? Or have you ever just wondered how some people get elected and others do not. This course will help you understand electoral politics from an \u201cinsider\u2019s perspective.\u201d You will learn and practice all of the skills used by candidates and campaign consultants in running and participating in successful campaigns. You will learn how to conduct research on electoral districts and past race, create a 144 campaign plan, construct effective messages\u2013advertisements, speeches, and web pages\u2013used in campaigns, and how the media play such an important role in political campaigns. Even if you never run for office, you will leave this course with a better understanding of how political campaigns work 311 3 credit hours What does it take to be an effective political leader? How can you become a political leader\u2014at the local, state, or even national level? This course examines theories of effective political leadership. It also helps students develop the attitudes, knowledge, and skills necessary for contemporary political leaders. Even if you do not see yourself ever seeking appointed or elected office, taking this course will help you better understand the challenges and opportunities that political leaders face 370 3 credit hours The U.S. Constitution is the very foundation of our government. The way in which this document is interpreted determines, to a large degree, what the relationship between the government and the governed will be. In this course, you will learn about the Constitution and about the major cases the Supreme Court has decided in interpreting Constitutional provisions. You will learn about the various theories concerning how the Constitution should be interpreted. You will also learn about the powers of national and state governments; about the powers of the various branches of the federal government, and about how the Constitution protects the rights and liberties of individual citizens and organizations. In class, you will play the role of Constitutional lawyers representing one side of a case actually before the Supreme Court during the term. Then later, you will play the role of a Supreme Court Justice having to decide that same case. This course will be very valuable to anyone who plans to attend law school 410 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will learn about the role of advocacy and lobbying in the American governmental system. In addition, you will understand the laws and ethics of lobbying and how advocacy organizations and lobbyists shape policy. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about advocacy and lobbying. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance 420 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will learn about the interaction between the executive and legislative branches of North Carolina government. You will learn how laws are passed and how the state budget is constructed. In addition, you will learn about the \u201cpolitics\u201d of North Carolina by observing how different constituency groups and pressure groups affect the governing process. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for 145 four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about the placement agency and about governance in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real- time significance 430 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will have the opportunity to experience what is like to engage in the private practice of law or to serve in the capacity of someone using legal training in an agency setting. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the firm or agency setting in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write a report in which you describe in detail what you have learned about the practice of law at the firm or the role and function of legally-trained personnel in the agency. The report will contain exhibits including a record of time spent and actions taken (in the nature of billable-time records often kept by practicing attorneys), exhibits or documents drafted or legal research memorandums or the like, as evidence of the type and quality of work performed (all redacted as required by confidentiality requirements as negotiated between the William Peace University professor and the on-site manager). This course provides you with an opportunity to supplement in-class learning with practical experience, giving the subject matter real-world and real-time significance 440 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will learn about how non-profit organizations operate within the world of politics. You will understand the internal workings of a non-profit, including fund development, service delivery, and management. In addition, you will observe how non-profit agencies interact with government offices and policy-makers. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about the placement agency and about non-profit administration in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance 450 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will learn about partisan politics in North Carolina. You will discover how historical events have shaped the two-party system in North Carolina. In addition, you will learn how political campaigns really work. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about partisan politics. This course provides you with an opportunity to 146 supplement in class learning with practical experience, giving the subject matter real-world and real- time significance 460 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will be involved in conducting research into important current issues, seeking solutions that will inform those who make and execute policy at one or more levels of government. You will focus on one such issue area or policy problem in preparing a policy issue paper suitable for presentation or publication. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the organization or think tank in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"policy issue paper\" in which you describe in detail what you have learned about the policy issue and about public policy and policy analysis in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance 470 4 credit hours Prerequisite with at least 90 hours or permission of program coordinator As a student in this course you will learn about a particular agency within one of the three levels of bureaucracy in the American governmental system; its mission; its history, structural features, and relationships to entities inside and outside its level of bureaucracy; its budget and personnel issues; its unique agency culture; any significant leaders past and present; and its outlook for the future. The exciting part of this course is that the learning will take place mainly on site. You will spend eight hours per day for four weeks immersed in the agency in which you are placed, under the supervision of an on-site director, learning about all of this first-hand. At the end of the course you will write an investigative report called a \"white paper\" in which you describe in detail what you have learned about the placement agency and about public administration in general. This course provides you with an opportunity to supplement in class learning with practical experience, giving the subject matter real-world and real-time significance 480 Prerequisite with at least 90 hours or permission of program coordinator As a student in this course, you will be concurrently enrolled in the practicums of the Raleigh Experience. Here you will integrate the knowledge and skills you have developed in the academic courses and the real-world experiences of the Raleigh Experience. You will prepare for the transition from college to a career in public service or to graduate or professional school 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 147 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 100 1 credit hour First-year students enroll in 100: Portfolio Seminar - First Year Experience, a course that uses various topical content to help you develop critical thinking and ethical decision making skills. This course does not count as credit toward meeting graduation requirements 101: Foundations for Student Success 1 credit hour This course is designed for all students who want to maximize their academic potential. Instruction in specific study skills is provided (e.g., time management, note-taking strategies, reading comprehension, test-taking preparation, active listening, etc.). Further, there is a focus on personal responsibility, self-confidence, and motivation. These skills are practiced and reinforced during individualized academic coaching sessions 200 1 credit hour Prerequisite 100 or transfer student with 30 credit hours 200: Portfolio Seminar - Career and Leadership Development is designed to help you gain insight into your personal strengths and interests while exploring career options and leadership styles. Career assessment through FOCUS, gaining an understanding of emotional intelligence, and the opportunity to research the leadership styles of professionals in the community, in addition to exploring your potential major, are all elements of this second year seminar. 148 300 3 credit hours Prerequisite 200 or transfer students with 60 or more credit hours 300: Portfolio Seminar - Workplace Connections is specifically designed to help you prepare for your career by guiding you through the job application process from beginning to end. Using experiential learning, you\u2019ll also develop skills to help you stand out in the workplace, including how to negotiate difficult workplace ethical dilemmas 101 OPTION) 3 credit hours Notes: The Honors option includes three lecture hours each week and one laboratory hour each week and carries 4 credit hours. Does what you eat impact your brain function? Is it damaging to spank your children? Are you really independently minded, or do others influence you more than you think? These are just a few of the many real-life questions addressed in General Psychology. Through readings, lectures, discussions, and in-class activities, you will learn the ways psychologists study human behavior and the mind major emphasis will be placed on understanding basic methods of data collection, analysis, and interpretation. No matter what major you decide to pursue, General Psychology will help you better understand yourself and be able to work effectively with others 221 3 credit hours Whether your goal is to be a professional, a parent, a partner, or maybe all three, knowledge of what people experience at different ages will help you to be more effective in your professional and personal interactions. This course will explore a variety of topics throughout the lifespan, such as prenatal brain growth, infant attachment, adolescent sexuality, whether or not people really have a \u201cmid-life crisis\u201d, and myths of aging. You will apply and demonstrate your learning in group work, projects, and papers. You will also be asked to make connections across the lifespan. For example, you might be asked to investigate how your childhood attachment patterns are related to your ability to form effective relationships as an adult 230 3 credit hours Prerequisite 101 Who are you and how are you unique from others? Would you describe yourself as cautious or thrill- seeking? Introverted or extroverted? Flexible or rigid? Understanding your own personality can help you function more productively in work and relationships. Understanding variations in personality allows you to predict other people\u2019s behavior so you know what to expect from them. This course examines the different theories about how personality is thought to develop (e.g., psychodynamic, motivational, biological, or cognitive). Through class discussions, readings, activities, and class projects, we will explore the elements of personality, how these elements are organized, and the influence of personality on human behavior 240 3 credit hours Prerequisites 101 149 Did you know that almost one in two people will be directly affected by a psychological disorder such as anxiety, depression, alcohol dependence or schizophrenia? It\u2019s very likely that you already know a friend or family member who is struggling with one of these disorders, or possibly you have struggled with one of these disorders yourself. Through readings, lectures, discussions, and in-class activities, this course will help you better understand the description, causes, and treatments of the most common psychological disorders. Even those students who have never had experiences with psychological disorders will gain useful strategies for stress management, coping with automatic negative thoughts, and maintaining good mental health over the course of their lifetime 300 3 credit hours Prerequisites 101 and 201 This course will help you understand the methods psychologists use in studying human behavior and the mind. The course will help you learn how to understand the statistical findings reported in a professional journal articles, and how to evaluate common claims reported in the news. Students will conduct an in-depth review of existing research in a specific area of psychology and design a research project. Emphasis will be placed on writing a formal research proposal that incorporates standards of scientific writing in the context of the behavioral sciences as well as the use of American Psychological Association (APA) writing style 303 3 credit hours Prerequisites 300 Course under development 310 3 credit hours Prerequisite 101 Have you ever wondered how certain foods and drugs influence children\u2019s development during the prenatal period? Or how infant personality and parenting style interact to create a certain kind of parent-child relationship? Or what makes certain teens popular, while others are rejected? This course will introduce you to biological, cognitive, and social-emotional development of childhood and adolescence. Through this course, you will focus on a range of topics that will help you parent your own future children or work with children and adolescents in a professional setting 311 3 credit hours Prerequisite 101 Can you rely on your memory to be accurate? Is it possible to have too much information to learn tobe able to remember it? What information do you use when trying to solve a problem? Why are children able to learn language quickly, while adults struggle with the same task? Understanding how our mental processes work is the basic goal of cognitive psychology. Understanding how we think can be of special interest to those pursuing fields of education, business, and law 321 3 credit hours Prerequisite 101 150 Who is old? Which psychological processes change after an individual reaches their biological maturation, and which do not? This course focuses on changes and continuities in psychological development after adolescence. We will consider both theory and research concerning adult development and aging in the physical, cognitive, and socio-emotional domains. We will also evaluate what it means to age successfully versus unsuccessfully. Thus, we will consider outcomes ranging from optimal aging to average or usual aging, to diseased aging 330 3 credit hours Prerequisite 101 How do your stereotypes of other people change their behavior? What techniques are successful in influencing others\u2019 behavior? Why are some relationships successful while others end in conflict? And what determines whether people will be helpful or aggressive? Social psychologists examine how behavior is affected by the presence of other people and by the specific situation. Classic problems throughout history (e.g., obedience in Nazi Germany) and modern issues (e.g., prejudice by teachers) will be studied in this course. You will have the opportunity to apply many of the topics to your life and to the lives of those around you 360 3 credit hours Prerequisite 101 How has growing-up in your family shaped the person you have become? This course examines family influences on people\u2019s development. Throughout the class, we will continually remind ourselves that contemporary families are highly diverse and develop in highly diverse settings. Some of the specific topics we will explore include characteristics of divorced and step-families, gay and lesbian families, single-parent families, and the influences of poverty and discrimination on family functioning. After you have completed this course, you will have more knowledge of children\u2019s development in general and influences on familial development in particular 375 3 credit hours Prerequisite 101 If you think you already know everything there is to know about the \u201cbirds and the bees,\u201d fasten your seatbelt for a wild ride through human sexuality! The more knowledge you have about your body, your sexual and reproductive functioning, and the factors that influence sexual development, such as gender roles, beauty expectations, and fertility, the more likely you will be able to sustain good health and functioning. This course will also explore controversial topics such as sex education, abortion, sexual orientation, sex work, and sexual coercion 382 3 credit hours Prerequisite 101 People in education, mental health, and business need to understand how others learn new information and how to motivate them to work harder. You will learn various concepts and techniques that will help you understand how we learn everything from fears to new concepts in a class. You\u2019ll also understand the many different types of motivation, what helps to keep us motivated once we\u2019ve already accomplished something, and how to motivate someone who appears not to care. You will examine theories and research findings related to learning and motivation and then apply that information by creating programs for yourself (e.g., how to exercise more) and for others (e.g., 151 how to get kids to do their homework 394 3 credit hours Prerequisite 300 or permission of the professor This course allows you to pursue answers to various questions about human behavior by helping psychology faculty members conduct research in our psychology lab. In collaboration with a faculty member, you will form a hypothesis, collect data to test your hypotheses, and then analyze the data. You will work closely with a small group (usually 4-6 students) to conduct your study 396 3 credit hours Prerequisites 394 and permission of the professor In Psychology Research II, you have the opportunity to continue working on the study you started in 394: Psychology Research In addition, you may serve as a research assistant to the professor by helping to teach the other students about the research project and how to collect, code, and analyze data 411 3 credit hours Prerequisites 300 101 or permission of the professor What makes you you? Is it your physical form? Is it your genetic make-up? Is it your thoughts and behavior? In Biological Psychology we get to the root of these questions by examining the physiological, evolutionary, and developmental mechanisms of behavior. In short, we look at the interactions among brain, body, and behavior. Through in-class and out-of-class assignments and activities, you will discover how we know everyone perceives the color red the same way, how smoking even one cigarette will make you want more, and how individuals act when the two hemispheres of the brain cannot \u201ctalk\u201d to each another. Biological Psychology will lead you through the exciting world of typical and atypical behavior by helping you better understand the physiological underpinnings of human functioning 440 3 credit hours Prerequisites 300 or permission of the professor Notes: Prior completion of 240 is recommended but not required. If you are interested in relationships, communication, helping techniques, and interpersonal self- evaluation, this course is for you! Counseling Theories is designed to help you improve problem- solving skills, \u201cpeople skills,\u201d and your ability to use feedback for self-reflection and growth. Through readings, in-class discussions, and written reflections, you will develop a working knowledge of the counseling process. Through the use of role-plays and simulated interviews, you will develop the necessary skills to conduct an initial clinical interview, build a therapeutic relationship, and inspire change. Skills such as listening, assessing, empathizing, reflecting, questioning, reframing, challenging, summarizing, and goal-setting will be emphasized 470 3 credit hours Prerequisites: Psychology Major 300, and senior status Senior Seminar is an opportunity for you to take what you have learned in your other psychology 152 courses and integrate those concepts before graduating. The content in this course focuses on current topics in the field of psychology such as Positive Psychology, Peace Psychology, and Cultural Psychology. Within our discussion of such topics there is an emphasis on ethical behavior and how you can use your Psychology degree to have a positive impact on the world 480 3 credit hours Prerequisites 300 and permission of the professor Have you ever thought about going to graduate school? If so, this is the course for you! You will work one-on-one with a psychology faculty member to design a research study and carry it out, much the same as you will do in graduate school. You will be expected to submit your research to professional conference and make a presentation at the conference if your work is accepted (which it will be \u2013 we\u2019ve never had a Peace student paper rejected!). Seniors who can work independently and who want to be challenged should take this course. The research skills you will gain in this class can make you a very attractive applicant to a graduate program and make you competitive for entry-level research positions in the professional world 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) credit hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 111 3 credit hours 153 This course introduces students to the world\u2019s great religions (Indigenous religions, Hinduism, Jainism, Buddhism, Sikhism, Confucianism, Daoism, Shinto, the Religion of Ancient Israel, Judaism, Christianity and Islam) so that they will discover what all religions share in common (and how vastly different they are), how each religion seeks to provide guidance in solving fundamental human problems, offers a wonderful window onto a culture\u2019s great art, science, medicine, cuisine, literature, architecture, and music, both shapes a culture and is shaped by it, helps a culture articulate its values, morals and aspirations, helps us to understand ourselves, provides people orientation to life and a map of reality, and binds people together. Students will read primary as well as secondary texts 114 3 credit hours This course furnishes students with the tools and background necessary to help make their own reading of the Old Testament informed, insightful, and fresh. By providing guidance in the historical, geographical, and faith contexts, as well as the literary art involved in the production and crafting of this great literature, the course will help students understand why the study of the Old Testament has been the source of enjoyment, inspiration, and spiritual direction for centuries 124 3 credit hours This course introduces students to the literature of the canonical New Testament, focusing on the development of the Jesus traditions that eventually led to the writing of literary gospels and the correspondence of early Christian leaders with the burgeoning churches 202 3 credit hours This course helps students understand how religion has shaped American culture and how American culture has shaped religion. It will focus on the diversity of religion in America and compare movements and ideas. It will also inquire about whether there are unifying elements in American religion that bind Americans together as a people significant focus of this course is on five vital impulses that perennially shape American religion: the experimentalist, millennialist, utopian, modernist and traditionalist impulses. The course will concentrate on the meaning of America as a series of colonial religious experiments, the religious motivations for major movements of social reform, alternative religious movements that favor communal experiments or utopian vision, the occult, Eastern religions, movements that helped Americans accommodate religious beliefs to modern world views, and the reactionary movements that opposed cultural accommodation 231 3 credit hours The course invites students to a contemporary, cross-cultural study of the world\u2019s great mythologies as a search for values and identity. Students will explore the common elements, recurrent patterns, themes, and archetypes of mythologies around the world, from ancient times to the present 244 3 credit hours Prerequisite 114 This course studies the phenomenon of prophecy in ancient Israel and the prophetic literature in the Hebrew Bible/Old Testament. It provides an introduction to prophecy and the prophetic literature in 154 the ancient Near East. It surveys the biblical prophetic books and their main topics in chronological order, paying special attention to the contemporary events in the Near East and Israel. It reflects on the modern relevance of the prophetic texts 302 3 credit hours Recommended 202 This course examines the role of religion in shaping Southern history, culture and regional identity. This course will also focus on the role of African Americans in the shaping of Southern religion. Students will read primary and secondary documents (including fiction), watch films, and listen to various forms of southern gospel music and hymnody 315 3 credit hours Prerequisite 114 or 124 The purpose of this course is to help students appreciate the great and little traditions of wisdom in the Hebrew Scriptures and in the Ancient Near East in general, as a movement of instruction in royal academies, as an ancient humanistic tradition, and as a literary and scholastic tradition that often challenged traditional religious ideas as well as priestly and prophetic institutions 323 3 credit hours This course introduces students to the lives and writings of some of the Western world\u2019s great thinkers, martyrs, religious revolutionaries, preachers, missionaries, mystics, literary figures, and social reformers. These will include Boethius, Perpetua, John of the Cross, Bunyan, Madame Guyon, Albert Schweitzer, and Dietrich Bonhoeffer. We will concentrate on religious issues that are universal: the \u201cgood\u201d life, the purpose of God in history, the problem of evil, envisioning a more meaningful future for humankind, justice, freedom, the afterlife, and faithful commitment to great ideals. All of the primary readings in this course were written in prison 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit. 155 111 3 credit hours This course covers the history and evolution of electronic game development, focus on design elements, technical innovations and societal influences. The student will learn the elements of production including game conceptualization, story development, interface, character, soundtrack and level design 151 C++ 3 credit hours This course provides the fundamentals of programming primarily using C++, the standard language of the Simulation and Game industry. Topics include binary and hexadecimal number Systems, algorithm design and computer organization. The course progresses to game functions, game loops, software objects and using functions to manage code 211 3 credit hours Prerequisites 111 and 151 Game designers need an essential skill set that allows them to realize their concepts through working prototypes. In Game Technology students learn how to develop and manipulate game mechanics and environments through visual and traditional scripting tools. This class supports skills needed for level editing and design, prototyping, and working in game engines 222 3 credit hours Prerequisites 110, and 111 This course will focus on the basic principles of animation, motion perception and design in 2D and 3D. The principles and techniques involved in creating 3 dimensional media are introduced. Students will learn the step by step process of 3D graphics using industry standard software such as Maya and 3ds Studio Max. Texture design, mapping skills, lighting and scene setup and rendering is covered 311 3 credit hours Prerequisites 270 and 211 Acquire the integration skills needed to successfully build a 3D game. We explore both the technical construction and practical design of games in a 3D game engine. The technical skills required to use the game engine software are combined with knowing how and when to use spaces in a level, construct an interface, establish moods, and direct a player's attention through sound effects, lighting, camera angles, and text to create a complete working game 322: 3D 3 credit hours Prerequisite 222 This course covers the techniques involved in animating 3D models in 3D scenes using Maya and 3ds Studio Max. Students will use Motion Capture equipment and will learn the process of building a 3D 156 scene from objects with lighting placement and camera manipulation. Animation of characters using key frames is covered in detail 411 3 credit hours Prerequisite 311 Capstone experience in the Simulation and Game Design sequence. In teams, students will work across and outside of typical production roles in order to design, prototype, and create a digital game 422 3 credit hours Prerequisite 411 This senior level seminar is flexible in both format and content due to advancing technology within the field. Working with a professor, students select an appropriate topic for the design of an original interactive project which will result in a presentation of a final project. It is intended to simulate the real world experience of a Simulation or Game project developer/designer 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 490/491 and 1 to 6 credit hours Prerequisite: junior or senior status An in-depth work experience designed to apply classroom knowledge and skills to real-world professional situations. The senior internship is designed to give the student work experience that is as close to actual employment as possible. No more than six (6) semester hours toward the baccalaureate degree can consist of internship credit. Note: Any student who has not completed their learning agreement for their internship by the last day to drop will be assigned a for the internship experience for that semester 213 3 credit hours Permission of the instructor required 157 Spanish conversation at the intermediate level, which will provide intensive oral practice for a small group of students. Practice with both structured and spontaneous conversation plus listening practice and writing exercises 219 3 credit hours This course introduces students to the main periods and movements of Latin American literature from the conquest and colonial periods to \u201cthe Boom\u201d and \u201cpost-Boom\u201d movements of the twentieth century and beyond. All selections will be taught in translation, including authors such as: Col\u00f3n, de las Casas, Sor Juana, Bol\u00edvar, Dar\u00edo, Mart\u00ed, Mistral, Vallejo, Neruda, Rulfo, Garc\u00eda M\u00e1rquez, Fuentes 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 103 3 credit hours; Notes: 2 hours lecture; 1 hour of laboratory per week Introduction to Theatre challenges students to interpret, criticize and appreciate the roles theatre plays in society through positive comparisons to television and film. From theatre\u2019s ritual origins to modern musicals, from controversies surrounding the to the applicability of acting lessons to everyday life, this course provides a first step toward a deeper awareness of theatre\u2019s enduring significance 104 1 credit hour Prerequisite: permission of the instructor; Notes: extra fees and costs involved; waiver required Students travel to New York, Las Vegas and other cities where they see plays, musicals, attend seminars and take backstage tours 105 1 credit hour Prerequisite: permission of professor Students work on the technical crews for theatre productions under the supervision of the Operations Manager. 158 112 3 credit hours Introduction to Acting focuses on the beginning development of intuitive and creative performance technique primarily through daily exercises and improvisation. Exercises concentrate on centering, sensing, focusing, freeing, speaking, and feeling and doing. The goal is to create a strong ensemble that is fearless and an environment that is physically challenging to motivate breakthroughs in the actor\u2019s understanding of craft and performance 162 1 credit hour Students learn basic theory, technique, alignment, grace and musicality of Jazz dance through exercises, improvisation and choreography 163 1 credit hour Focusing on control, coordination, rhythm, exercises, improvisation and choreographed numbers that highlight dynamics, phrasing, and musicality, students learn how to tap dance. Extra costs involved 164 1 credit hour An introduction to classical ballet. Students will learn technique, alignment, coordination, grace and musicality of ballet through exercises and choreography 167 1 credit hour Prerequisite: permission of professor; may be repeated once Students learn how to perform in the dance styles of the most famous Broadway choreographers while maintaining skills and proficiencies in jazz, tap, modern and ballet 201-202 1 credit hour Prerequisite: permission of professor; may be repeated Students perform in William Peace Theatre productions 203 1 credit hour Prerequisite: permission of professor; may be repeated once Theatre Showcase is a performance laboratory class which features public performance of rehearsed material. Each spring, theatre and musical theatre students work on individual material like songs, duets, ensembles, dances, scenes, monologues, etc. as part of building their professional portfolios. Theatre Showcase is the class where all students come together to rehearse those materials and then perform them in public for audiences, adjudicators, peers and mentors 204 2 credit hours Prerequisite: permission of the instructor; Notes: Extra fees and costs involved; waiver required 159 Students will travel to London and surrounds for 8-12 days of intense theatre going, seminars, workshops and platforms. Students will attend plays and performances at a variety of venues including, but not limited to, the Royal National Theatre, the English National Opera, the Royal Shakespeare Company, the Royal Court Theatre, the Globe Theatre Company, the Old Vic, the Young Vic, West End productions, pub theatre, off West End and a variety of other venues depending upon scheduling and availability. Students will study plays and performances in advance of the trip. Students will receive informal instruction from the instructor before and after performances. Students will keep a travel journal that will include reviews of performances 212 3 credit hours Prerequisite: permission of professor Students continue building technique through daily exercises and by synthesizing skills for scene work, improvisation and techniques for auditions. Students will learn how to prepare, rehearse and perform scenes and monologues. Exercises concentrate on centering, sensing, focusing, freeing, speaking, and feeling and doing. The goal is to create a strong ensemble that is fearless and an environment that is physically challenging to motivate breakthroughs in the actor\u2019s understanding of craft and performance 235 3 credit hours Prerequisite: permission of professor An approach to voice for the actor designed to liberate the natural, authentic voice and thereby develop a vocal technique that serves the freedom of human expression and artistic creativity on the stage and in film and television 262 1 credit hour Prerequisite: permission of professor Students expand their skills and knowledge in theory, technique, alignment, grace, and musicality of Jazz dance through exercises, improvisation, and choreography 263 1 credit hour Prerequisite: permission of professor Focusing on control, coordination, rhythm, exercises, improvisation and choreographed numbers that highlight dynamics, phrasing, and musicality, students learn how to tap dance. Extra costs involved 264 1 credit hour Prerequisite: permission of professor Students learn technique, alignment, coordination, grace and musicality of ballet through exercises and choreography 267 160 1 credit hour Prerequisite: permission of professor; may be repeated once Students learn how to perform in the dance styles of the most famous Broadway choreographers while maintaining skills and proficiencies in jazz, tap, modern and ballet 270 3 credit hours Prerequisite: permission of professor This course will introduce the student to the technical aspects of theatre and teach the student how design is a fundamental \u201ccharacter\u201d in any play. Students will be able to execute well-conceived aspects of design related to lighting, scenic, makeup, and costume design. Class features 12 hours of laboratory participation 271 1 credit hour Prerequisite: permission of the professor One half-hour lesson each week; may be repeated up to seven times Private instruction at the piano for musical theatre majors, this course is intended to develop the keyboard skills and music-reading ability needed to accompany musical theatre songs. Students will be assigned technical studies and repertoire based on ability 272 1 credit hour Prerequisite: permission of the professor One half-hour lesson each week; may be repeated up to seven times Vocal training for musical theatre students in all styles of Broadway singing, including classical, pop- rock, mix, country, folk and belting. Students develop technique and learn repertoire with the goal of becoming marketable, professional and successful musical theatre artists 275 3 credit hours Musical theatre students learn music notation and music theory while concurrently developing aural skills related to sight singing, melodic dictation, and harmonic dictation so that they become self- sufficient musical theatre artists who can teach themselves music, rehearse independently and learn music quickly in rehearsals 276 3 credit hours continuation of skill development from 275 with emphasis on the analysis of musical theatre repertoire 312 3 credit hours Prerequisite: permission of professor Students continue building technique through daily exercises and by synthesizing skills for scene work, improvisation and techniques for auditions. Students will learn how to prepare, rehearse and 161 perform scenes and monologues. Exercises concentrate on centering, sensing, focusing, freeing, speaking, and feeling and doing. The goal is to create a strong ensemble that is fearless and an environment that is physically challenging to motivate breakthroughs in the actor\u2019s understanding of craft and performance 341 3 credit hours Preparation and practical experience in auditioning for professional theatre, film, and television. Students gain an understanding of the audition process and equip themselves with audition materials and techniques culminating in an evaluation by casting professionals 345 3 credit hours Prerequisite: permission of program coordinator or professor Learn to safely perform staged scenes of armed and unarmed conflict and violence in this extremely physical class. Techniques focus on safety, precision, and acting choices relating to fight scenes and include performing techniques as falling, rolling, punching, kicking, swordplay, and blocking, incorporating non-contact and contact techniques. Students will perform a fight scene from a classical or contemporary script, and may elect to have their scene adjudicated by a Fight Master with the Society of American Fight Directors (additional fees may apply for testing 362 1 credit hour Prerequisite: permission of professor Students expand their skills and knowledge in theory, technique, alignment, grace, and musicality of Jazz dance through exercises, improvisation, and choreography 367 1 credit hour Prerequisite: permission of professor; may be repeated once Students learn how to perform in the dance styles of the most famous Broadway choreographers while maintaining skills and proficiencies in jazz, tap, modern, and ballet 370 3 credit hours Prerequisite: permission of professor This course continues the training begun in 270 Design I. The course teaches the student technical aspects of theatre and how design is a fundamental \u201ccharacter\u201d in any play. Students will be able to execute well-conceived aspects of design related to lighting, scenic, makeup, and costume design. Class features 12 hours of laboratory participation 372 1 credit hour Prerequisite: permission of the professor One half-hour lesson each week; may be repeated up to seven times 162 Vocal training for musical theatre students in all styles of Broadway singing, including classical, pop- rock, mix, country, folk and belting. Students develop technique and learn repertoire with the goal of becoming marketable, professional and successful musical theatre artists 390 3 credit hours The myriad of theatrical events and experiences open to us have their roots in the theatre we have inherited--2500 years of western theatre and nearly 2000 years of Asian theatre. What are these many kinds of theatre, and where did they come from? These are the questions that Theatre History addresses. Theatre History examines the origins of theatre, the ways historians reconstruct the elements of theatre, innovations in theatre, and epochs of theatre history from the Greeks to the present day 401-402 1 credit hour Prerequisite: permission of the professor; may be repeated Students perform in William Peace Theatre productions 403 1 credit hour Prerequisite: permission of professor; may be repeated once Theatre Showcase is a performance laboratory class which features public performance of rehearsed material. Each spring, theatre and musical theatre students work on individual material like songs, duets, ensembles, dances, scenes, monologues, etc. as part of building their professional portfolios. Theatre Showcase is the class where all students come together to rehearse those materials and then perform them in public for audiences, adjudicators, peers and mentors 412 3 credit hours Prerequisite 312 The achievement of \u201cstyle\u201d in acting depends upon analysis of how plays are rooted in form, content, language, and historical period. Students will be guided along the path from intention to performance where the specific requirements of a style create a living, breathing, emotional reality of a particular time and place. Students begin the task of translating stylistic period elements in a way that modern audiences can clearly understand. Style work will connect directly to productions 462 1 credit hour Prerequisite: permission of professor Students expand their skills and knowledge in theory, technique, alignment, grace, and musicality of Jazz dance through exercises, improvisation, and choreography 467 1 credit hour Prerequisite: permission of professor; may be repeated once Students learn how to perform in the dance styles of the most famous Broadway choreographers while maintaining skills and proficiencies in jazz, tap, modern, ballet 163 470 3 credit hours Senior Seminar embodies the capstone experience for theatre majors. Students demonstrate their ability to apply their skills and knowledge to the work of the theatre; present and defend a written analysis of their work, preparation, and experience; and evaluate their work against contract goals and professional standards. In consultation with theatre faculty, senior students design a performance project which will establish preparedness for graduation, graduate study or work in professional theatre. The course requires the student to prove the ability to connect their course of study to performance in a production. Students must enroll concurrently in 402 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration. No more than six (6) semester hours toward the baccalaureate degree can consist of directed study credit 200 3 credit hours This course will explore women\u2019s status worldwide key area of focus is to understand the impact of gender inequality. Gender inequality is still quite profound and has enormous implications for women everywhere. This course will explore how gender inequality arises from traditional cultural practices\u2014 practices that have been embedded in social, economic, political, and legal systems and require targeted activism to change. The course will also examine intersections between gender and other variables such as race, class, and sexual orientation. The course will draw on research and theory from psychology, sociology, anthropology, economics, religion, political science, medicine, literature, public health, history, philosophy, and law 295/395/495 1-4 credit hours course whose content may vary from term to term according to the needs of the academic department, student demand or the interests of the faculty member 392/492 2-4 credit hours Prerequisite: junior or senior status course of study addressing a specific topic or problem of interest to a student, designed collaboratively by the student and faculty member(s), and resulting in a paper, report, critiqued 164 performance or production, or other assessable evidence of value added to the student\u2019s educational experience contract of expectations by the student and by the supervising faculty member(s) must be approved by the advisor and the Vice President for Academic Affairs prior to registration Dr. Debra M. Townsley (2010) President \u2013 A.A., Northern Virginia Community College; B.S.B.A., American University; M.B.A., George Washington University; M.A., University of Vermont; Ph.D., University of Vermont Patricia Lukaszewski (2011) Executive Secretary to the President \u2013 A.A., Wake Technical Community College; B.S.B.A., North Carolina Wesleyan College Laurie Albert (2010) Vice President for Strategic Initiatives \u2013 B.S.B.A., M.S., George Washington University Dr. Ann Denlinger (2011) Vice President for Academic Affairs \u2013 A.A., Peace College; B.S. Campbell College; M.Ed. Campbell University; Ph.D. Campbell Alison Trinkle (2010) Executive Assistant to the \u2013 B.S., M.L.A., Texas Christian University Jennifer Becker (2006) Technical Director \u2013 B.A., University of California at Santa Cruz; M.F.A., New York University Joann Clark (2008) Academic Program Assistant Dr. Vanessa Tinsley (2012) Director of Institutional Research \u2013 B.A., M.A., cum laude, Case Western Reserve University; Ph.D., Duke University Amber Stenbeck (2011) Vice President for Enrollment \u2013 B.S., Saint Martin\u2019s University, M.S., Bay Path College Angela Kirkley (2000) Director of Financial Aid \u2013 A.A., Wake Technical Community College; Further studies: University of North Carolina at Charlotte Tyree Barnette (2012) Admissions Counselor Chapel Hill Anna Burrelli (2011) Admissions Counselor \u2013 B.A., Florida Gulf Coast University Tonita Few (2004) Admissions Counselor \u2013 B.A., Strayer University Nicole Fleming \u201909 (2009) Senior Enrollment Operations Coordinator \u2013 B.A., Peace College Michelle Hemmer (2012) Financial Aid Advisor/Loan Coordinator \u2013 B.S., Barton College Shawn Henderson (2008) Assistant Director of Financial Aid \u2013 B.A., Shaw University; M.B.A., Strayer University Reese Marsalis (2011) Evening Administrative Assistant Kelliann Miranda-Baltimore \u201911 (2011) Financial Aid Coordinator/Admissions Counselor \u2013 B.A., Peace College Jenny Peacock \u201903 (2004) Associate Director of Admissions \u2013 B.A., Peace College Tanya Scarborough (2011) Administrative Assistant and Guest Coordinator Christopher Sharps (2011) Admissions Counselor \u2013 B.A. Fairmont State University Luke Sweeney (2011) Admissions Counselor \u2013 B.A., St. Andrews University Kenia Thompson \u201906 (2011) Telemarketing Program Coordinator \u2013 B.A., Peace College 165 Kelly Johnson (2004) Director of Athletics, Head Coach Women\u2019s Basketball \u2013 B.S., M.Ed., East Carolina University Charlie Biddlecome (2004) Assistant Softball Coach \u2013 B.S., University of Wisconsin Kevin Daniels (2009) Assistant Director of Athletics, Head Volleyball Coach \u2013 B.S., Mount Olive College, M.A., Liberty University Charlie Dobbins (1999) Softball Coach \u2013 B.A., Roger Williams University Shelley Howell (2010) Assistant Soccer Coach \u2013 B.S., Waldorf College Kathy Jacobs (2009) Head Tennis Coach \u2013 A.A. Peace College; B.S., University of North Carolina at Chapel Hill, M.A., University of North Carolina at Chapel Hill Keith Jenkins (2010) Head Soccer Coach \u2013 B.S., Western Carolina University, MPRTM., North Carolina State University Lyndee Sargent (2008) Athletic Trainer \u2013 B.S., Liberty University Claude Shields (2011) Head Men's Basketball and Men's Golf Coach- B.A., University of North Carolina at Chapel Hill John Cranham (2011) Associate Vice President for Buildings and Grounds Larry McDuffie (2006) Maintenance Technician Thomas Sachs (2010) Maintenance Technician Carlos Triana (2011) Maintenance technician Justin G. Roy (2010) Vice President for Communications and Social Media Marketing \u2013 B.A., Assumption College Nabeel Jaitapker (2011) Communications and Social Media Marketing Specialist \u2014 B.A., University of Texas at Arlington; M.A., Seton Hall University Brian J. Joura (2011) Sports Information Coordinator \u2013 B.S., Guilford College Ryan M. McGuire (2010) Graphic Designer \u2013 B.A., University of Buffalo Sharon Scarborough (2011) Administrative Assistant Queens College Julie Ricciardi (2008), Vice President for Engagement \u2013 B.A., Purdue University Lauren Gerber (2006) Director of Advancement Services & Communications \u2013 A.A.S., State University of New York, College of Technology, at Alfred; B.S., State University of New York at Brockport Robin Johannesen (2012), Executive Administrative Assistant Rocky Yearwood (2011) Vice President for Administration, and Chief Financial Officer \u2013 B.A., University of Central Florida; M.B.A, St. Leo University; Certified Public Accountant Amber Kimball (2010) Assistant Vice President for Human Resources \u2013 B.A., The University of North Carolina at Chapel Hill James Ballentine (2002) Office Services Assistant Susan Childs (2002) Controller \u2013 B.S., University of North Carolina at Wilmington; M.S. University of North Carolina at Wilmington; Certified Public Accountant Courtney Lindsey Frye \u201905 (2008) Accounts Receivable and Purchasing Coordinator \u2013 B.A., Peace College 166 Larry Griffin (1985) Assistant Controller \u2013 B.S., North Carolina State University; Certified Public Accountant Lauren Holmes (2000 Coordinator/Payroll Gary Jones (2008) Student Accounts Manager \u2013 A.A., Wake Technical Community College; B.A., Norwich University Sue Lambert (1992) Accountant, Accounts Payable \u2013 B.S., Meredith College Rebecca Leggett (1984) Director of Visitors Services \u2013 B.A., cum laude, Gardner-Webb University; Graduate Study; University of North Carolina at Greensboro Emily Richardson (2011) Human Resources Generalist \u2013 B.A., State University of New York College at Brockport; M.B.A., Rochester Institute of Technology Larry Essary (2010) Chief Information Officer \u2013B.S. in Computer Science, University of Southern Mississippi; M.B.A., Baylor University Richard Forbes (2011) Desktop Systems Manager - CompTIA A+, CompTIA Network+, Microsoft Certified Professional, Microsoft Certified Technology Specialist Josh Frank (2011) Network Administrator \u2013 B.S. in Computer Science, Virginia Military Institute Maria Geddis (2005) Database Trainer and Report Writer \u2013 South Florida Community College, Avon Park William McCloud (2010) Systems Administrator - Computer Learning Center for a certificate in Computer Electronic Technology (Information Technology Infrastructure Library) and (Cisco Certified Professor) Level certified technical training Nathan Hellmers (2011) Director of the Library \u2013 B.A., University of Alabama at Birmingham; M.A., University of Wyoming; M.L.S., Indiana University Rashida Felder (2011) Library Assistant \u2013 B.A., University of Alabama; M.L.S., Queens College Diane Jensen (1998) Librarian \u2013 B.A., Towson State University; M.A., University of Maryland; M.L.S., North Carolina Central University Paul King (1971) Library Assistant \u2013 B.A., M.L.S., University of North Carolina at Chapel Hill Michelle Logan (2012) Library Assistant \u2013 B.A., M.L.I.S., Certificate of Advanced Studies, Syracuse University Michael John (2008) Director of Public Safety \u2013 B.A., Lehman College John Anspach (2005) Public Safety Officer Charise Chavies (2012) Public Safety Officer Darrell Evans (2004) Public Safety Officer Daisy Hicks (2012) Public Safety Officer Timothy Jessup (2004) Assistant Director \u2013 A.S., Americus University Ebrima Jobe (2001) Public Safety Officer Tommie R. Jones, Jr. (2012) Public Safety Officer \u2013 B.A., University of North Carolina at Wilmington Mahmud Mansaray (2001) Public Safety Officer Amy Nevarez (2006) Public Safety Officer Bashshar M. Parker (2011) Public Safety Officer Imran Ramnarine (2001) Public Safety Officer Frank Saraceno (2012) Public Safety Officer 167 Charles Williams (2001) Public Safety Officer Vacant - Registrar JoAnn Sauls \u2013 Administrative Assistant Frank P. Rizzo (2012) Vice President for Student Services \u2013 B.S., Fordham University, M.Ed., Fordham University Jerry Nuesell (2008) Dean of Academic Services - B.A., New York University, M.S. Fordham University, Ph.D., City University of New York Barbara Efird (1996) Director of Career Services \u2013 B.S., Canisius College; M.Ed., North Carolina State University Dawn Dillon \u201986 (1999) Assistant Dean for Campus Life \u2013 A.A., Peace College; B.A., North Carolina State University; M.Ed., University of South Carolina at Columbia Lara Lee King \u201907 (2007) Director of Student Activities \u2013 B.A., Peace College Sheri Keasler (2011) Administrative Assistant Kathleen Monroe (2011) Assistant Director of Career Services \u2013 M.Ed., University of North Carolina \u2013 Greensboro Anne Smithson (2010) Medical Director, Student Health Services \u2013 B.A., B.S., University of North Carolina at Chapel Hill; M.D., University of Virginia Corinne Andersen (2004) Associate Professor of English \u2013 B.A., Indiana University; M.A., Ph.D., University of Illinois, Champaign-Urbana Catherine H. Banks (1994) Associate Professor of Chemistry \u2013 B.A., Wittenberg University; Ph.D, Vanderbilt University; Postdoctoral work, Texas University Lisa A. Bonner (1988) Professor of Biology\u2013 A.S., with honors, Motlow State Community College; B.S., M.S., magna cum laude, Middle Tennessee State University; Ph.D. magna cum laude, Mississippi State University Whitney Jenkins Cain (1996) Associate Professor in Child Development\u2013 B.A., University of the South; M.A., Boston University; Ph.D., North Carolina State University Robert Lee Carter (2007) Lecturer in Religion, Chaplain \u2013 B.A., Furman University, M.Div. and Th.M. Southeastern Baptist Theological Seminary, Ph.D., University of North Carolina at Chapel Hill Roger Christman (2000) Associate Professor of Communication \u2013 B.A., State University of New York at Stony Brook; M.Ed., University of Louisville Jason Dula (2011) Assistant Professor in Musical Theatre \u2013 B.A. Diploma Vocal Performance, N.C. School of the Arts; M.S. Ed. Educational Theatre, The City College of New York Charles Duncan (1998) Professor of English \u2013 B.A., M.A., University of South Florida; Ph.D., Florida State University Kenny C. Gannon (1995) Associate Professor of Theatre \u2013 B.A., Samford University; M.M., Converse College; Ph.D., Louisiana State University Lincoln Hancock (2011) Assistant Professor of Graphic Design \u2013 B.A., Guilford College; M.G.D., North Carolina State University Carol Hiscoe (1992) Associate Professor of English \u2013 B.A., M.A., North Carolina State University; Ph.D., Duke University 168 Teresa L. Holder (1998) Professor of Communication \u2013 B.A., Tennessee Temple University; M.A., Indiana State University; Ph.D., Ohio University Scott McElreath (2001) Associate Professor of Philosophy \u2013 B.A., University of Maryland at College Park, M.A., University of Maryland at College Park, M.A., University of Rochester, Ph.D., University of Rochester David McLennan (1995) Professor of Communication and Political Science\u2013 B.A., M.A., University of Virginia; Ph.D., University of Texas at Austin Kayce Meginnis-Payne (2000) Associate Professor of Psychology\u2013 B.A., University of North Carolina at Chapel Hill; Ph.D., University of Tennessee. Vincent Melomo (2001) Assistant Professor of Anthropology \u2013 B.A., Honors, History, Adelphi University; M.A., Ph.D., Anthropology, Binghamton University (SUNY) Patrick Myer (1994) Associate Professor of Biology \u2013 B.S. cum laude, University of North Carolina at Wilmington; M.S., Louisiana State University; Ph.D., University of Tennessee Wade Newhouse (2006) Assistant Professor of English \u2013 B.A., University of North Carolina at Chapel Hill; M.A., North Carolina State University; Ph.D., Boston University Lynn Owens (2008) Assistant Professor of Communication \u2013 B.. A., University of Pennsylvania; M.S.J., Northwestern University; Ph.D., University of North Carolina, Chapel Hill. J. Adair Robertson (1982) Associate Professor of Mathematics \u2013 B.S., magna cum laude, Pembroke State University; M.S., North Carolina State University; Further study, North Carolina State University Carolann Wade (2006) Wake County Public School System Liaison for Peace College Teacher Education \u2013 B.S., Barton College; M.Ed., East Carolina University; M.Ed., North Carolina State University Patricia L. Weigant (1986) Associate Professor of Biology, Coordinator of Biology Program \u2013 B.S., M.S., Oklahoma State University; Ph.D., University of North Carolina at Chapel Hill Betty S. Witcher (1999) Associate Professor of Psychology \u2013 B.A., magna cum laude, Texas University; M.A., Ph.D., University of North Carolina at Chapel Hill Linda Ferreri (1996) Program Part-Time Lecturer in Business \u2013 A.B., Duke University, M.B.A., Ph.D., Case Western Reserve University Eliza Laskowski (2008) Program Part-Time Lecturer in English -- B.A., Phi Beta Kappa and magna cum, The University of the South (Sewanee), M.A., The University of Alabama at Tuscaloosa, Ph.D., The University of North Carolina at Chapel Hill Laura G. Vick (1990) Professor of Anthropology; Ragland Professor of International Studies \u2013 B.A., M.A., Ph.D., University of North Carolina at Chapel Hill Ellen Birch (1998) Professor in Mathematics \u2013 B.S., M.Ed., North Carolina State University Earl Croasmun (2005) Professor in Communication \u2013 B.S., West Virginia University; M.A., Southwest Missouri State University; Ph.D., University of Texas at Austin Mark Cushman (2004) Lecturer in Psychology \u2013 B.A., Eckerd College; M.A., Ph.D., Miami University, Ohio Chuck Johnson (2007) Lecturer in French \u2013 B.A., Ph.D., University of North Carolina at Chapel Hill; M.A., University of North Carolina at Greensboro Patrick Myer (1994) Associate Professor of Biology \u2013 B.S. cum laude, University of North Carolina at Wilmington; M.S., Louisiana State University; Ph.D., University of Tennessee Robin Vincent (2006) Professor in Teacher Education \u2013 B.S., M.Ed., Meredith College 169 Valerie Gordon Hall (1989) Professor Emerita of History \u2013 B.A., M.A., Aberdeen University; M.A., University of North Carolina at Chapel Hill; Ph.D., University of London Sally B. Buckner (1970) Professor Emerita of English \u2013 A.B., magna cum laude, University of North Carolina at Greensboro; M.A., North Carolina State University; Ph.D., University of North Carolina at Chapel Hill Emilie Patton de Luca (1974) Professor Emerita of French \u2013 A.B., M.A.T., Ph.D., University of North Carolina at Chapel Hill; Further study, Sorbonne, Ecole du Louvre, Institute Britannique, Paris, France; Universita Italiana per Stranieri, Perugia, Italy Archie L. Ritchie (1968) Professor Emeritus of Mathematics \u2212 B.S., M.A., Appalachian State University; Further study: University of Florida; North Carolina State University; Vanderbilt University Bes Stark Spangler (1982) Professor Emerita of English \u2013 B.A., cum laude, Atlantic Christian College; M.A.T., Duke University; Ph.D., University of North Carolina at Chapel Hill George Alexander Thomas (1965) Chaplain Emeritus \u2013 A.B., University of North Carolina at Chapel Hill; M.Div., Th.M., Princeton Theological Seminary; Further study, Duke University Divinity School; University of North Carolina at Chapel Hill; Mansfield College, Oxford University Janet Leonard Wester (1971) Professor Emerita of English \u2013 A.A., magna cum laude, Louisburg College; A.B., M.A., magna cum laude, D.Ed., North Carolina State University; further study, University of North Carolina at Chapel Hill, University of New Hampshire, Duke University 170 2012-2013 2012 August 10 Resident Assistants Return 12 Graduation 13 Performers Return 15 Peer Mentors and Student Athletes Return 16 New Faculty Orientation 17 Returns Faculty Opening with President\u2019s Reception 18 New Student Move-In and Orientation 19 Returning Student Move-In (Afternoon) 20 Classes Begin 21 Academic Convocation 24 Last Day to Add/Drop Courses by 5 p.m. September 1-3 Labor Day Holiday (No Classes; Offices Closed) 28 Deadline for Changes to Incomplete Grades from Spring Semester October 8-9 Fall Break (No Classes; Offices Closed on the 8th) 9 Campus Workshop Day (All Staff and Faculty Participate) 12 Mid-Term Reports Due 15 Advising for Spring Semester Begins 19 Last day to withdraw and receive a \u201cW\u201d by 5 p.m. November 20 Residence Halls Close 6 p.m. 21-24 Thanksgiving Holiday (No Classes; Offices Closed Beginning at Noon on 21st) 25 Residence Halls Open 3 p.m. 26 Pre-Registration for Spring Semester Opens December 7 Last Day of Classes 8 Reading Day 10-14 Exams 14 End of Semester Residence Halls Close 6 p.m. 18 Fall Grades Due 24-25 Holiday (Offices Closed) 31 Holiday (Offices Closed) 171 2013 January 1 New Year\u2019s Holiday (Offices Closed) 4 New Student Orientation 4 New Faculty Orientation 6 New Student and Returning Student Move-In Beginning at 10 a.m. 7 Classes Begin 11 Last day to Add/Drop Courses by 5 p.m. 21 Holiday (No Classes; Offices Closed) February 13 Spring Graduation Application Deadline 15 Deadline for Changes to Incomplete Grades from Fall Semester March 1 Mid-Term Reports Due 4-8 Day Program Spring Break (No Classes) 11 Advising for Fall Semester Begins 15 Last day to withdraw and receive a \u201cW\u201d by 5 p.m. 29 Good Friday Holiday (No Classes; Offices Closed) April 8 Pre-Registration for Fall Semester Opens 18 Student Showcase (No Classes) 30 Last Day of Classes May 1 Reading Day 2-4, 6-7 Exams 7 Senior Grades Due, 12 Noon 10 Baccalaureate 11 Commencement 14 All Grades Due 2013 May 13 Summer School Session Begins 27 Memorial Day Holiday (No Classes; Offices Closed) June 30 Summer School Session Ends July 1 Summer School Session Begins 4 July 4th Holiday (No Classes; Offices Closed) August 172 18 Summer School Session Ends 30 End of Semester"} |
8,803 | David Gilbert | Florida State University | [
"8803_101.pdf",
"8803_102.pdf",
"8803_103.pdf",
"8803_104.pdf"
] | {"8803_101.pdf": "Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students November 16, 2021 / 2:52 Miami (CBSMiami/AP) \u2014 Disciplinary records show Florida State University quietly fired one professor, suspended another who resigned a few months later and allowed a third to remain on the job after it determined they committed sexual misconduct in separate incidents with students. One took a part-time job teaching at another Florida university. The formal investigations were all previously undisclosed. At least one ran until the summer of 2021. In each case, investigators concluded that the three faculty members violated the university's sex discrimination and sexual misconduct policies made no announcements about the cases or outcomes. The investigative reports were obtained under Florida's public records law News Weather Sports Videos Miami Shows 75\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 1/8 One of the cases illustrates differences in rules at Florida's public universities and colleges regarding professors who have relationships with students: Some allow them in certain circumstances; others ban them. The university fired Ross May, 38, its associate director of FSU's Family Institute, which studies how parents can develop healthy environments for their children, over allegations that May pressured a student to get drunk, hugged her \"in a forceful way\" in a photograph and bet another student $50 he could have sex with her by the end of the semester. The incidents allegedly occurred during 2019, and the investigation was completed in May 2020. May is teaching two classes online at the University of West Florida, according to documents from that university. In an academic paper he published earlier this month with Frank Fincham, the Family Institute's director, May said he was working as a researcher at the Education Institute in Miami, which he said was now defunct. In another paper he published this year with Fincham, on the subject of divine forgiveness, May was listed as working with the Healthy Relationships and Lifestyle Center in Broomfield, Colorado. May said in an interview he agreed to leave despite what he called unfounded conclusions from the investigation honored their decision, and was satisfied with vacating my position.\" He added, \"As someone who has spent considerable time trying to empirically understand the process of forgiveness apologize to anyone that might have felt slighted during the investigation, and wish them well in their endeavors.\" Another professor, David Gilbert, 62, said he was suspended without pay for two weeks and later resigned after a graduate student accused him of sending her a sexually explicit email in January 2020. In the email, Gilbert described an erotic dream that included the student, and said he hoped something like that would happen in the future. Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 2/8 \"Us 'mature' guys like to work slowly \u2014 take our time and savor every minute,\" he wrote, according to the investigative report. Gilbert had been the university's J. Herbert Taylor distinguished professor of molecular biology. Gilbert also told the student he had named his sailboat \"Blow me,\" and invited her to travel to Japan with him, after he had separated from his wife, the report said. He was also accused of speaking derisively about former President Donald Trump, telling a student \"she must be a Trump supporter in an insulting way,\" the report said. Another person at Florida State warned Gilbert, \"Just watch you don't get MeToo'd,\" the report said \u2014 a reference to the social justice movement against sexual abuse and sexual harassment by employers that went viral in 2017. Gilbert resigned a few months after the investigation concluded in April 2020 and is now a senior investigator at the San Diego Biomedical Research Institute. Gilbert acknowledged to investigators he sent the sexually inappropriate email and another one like it, jokingly invited students to Japan and kissed a student on her neck. He said some other accusations were \"hearsay, taken out of context, or false.\" He said some of his behavior was caused by poor judgment after he separated from his wife and his son died by suicide, and said he was seeking therapy, according to the report. Gilbert said in an interview that he was honest to investigators, had apologized to those involved and accepted the university's two-week suspension before he resigned later. The third investigation involved John \"Read\" Gainsford, a music professor still working in the College of Music. The university concluded after its investigation completed in July that Gainsford had improper sexual relationships with at least three students, even though he did not instruct or supervise them, because he holds \"considerable institutional authority and influence within the college and subsequently over all College of Music students.\" Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 3/8 During the investigation, Gainsford described one relationship as \"friends with benefits\" \u2013 meaning a sexual relationship without serious commitment \u2013 with a College of Music student he met on an online dating app. He said he also had a relationship with another student who he later married. The dean for the college at the time, Patricia Flowers, told investigators in June she had heard no reports or rumors about Gainsford's relationships with students am actually blindsided by this,\" she said. Gainsford acknowledged to investigators that such relationships were unwise. \"Students gossip among themselves and no good can come of that,\" he said. The student who initiated the investigation accused Gainsford of non-consensual sex on at least five occasions \u2013 including once when the student had blacked out from drinking, the report said, but the university concluded that was unsubstantiated. During Florida State's questioning about those incidents, Gainsford said \"that is not how remember things,\" and said he would never have nonconsensual sex with anyone. Florida State also concluded that Gainsford did not create an intimidating, hostile or offensive environment because it was \"more likely than not\" that the student had agreed to Gainsford's requests for sex. Gainsford emphasized in an interview that he was cleared of the allegations of sexual assault and creating a hostile educational environment, and declined to discuss the investigation further was cleared of the allegations made,\" he said. Florida State permits professors to become involved in relationships with students as long as professors don't have any supervision or authority over them, such as awarding them grades. In those cases, faculty are required to disclose the relationship to their department supervisors. The University of Florida in 2019 imposed an outright ban on sexual or romantic relationships between faculty and undergraduate students, regardless of Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 4/8 \u00a9 2021 Broadcasting Inc. All Rights Reserved. circumstances. (\u00a9 Copyright 2021 Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report via Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications.) In: Sexual Misconduct More from News Miami couple accused of sexually abusing teen girl arrested to use \"Gulf of America\" in all references and documents Florida Lottery director touts benefits of Bright Futures scholarships 2 more deputies suspended amid widening internal review Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. War Thunder - Register now for free and play against over 75 Million real Players Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 5/8 Cyprus investments might be cheaper than you think Get Info Understanding PLC-Based Tank Level Automation Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy Automation of Tank Level Using and Establishment of by Pakistan: Jewelry On Sale For Half Price (See Price List) Learn More Affordable And Efficient New Electric Bikes For 2025. See Prices Learn More Mubarikpur: Hearing Aids for People Over 50 May Never Have Been Cheaper Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More Only $49 to get all the channels? It's now possible Mubarikpur: Discover Affordable Laser Cutting Machine Options Learn More Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 6/8 If You Eat Ginger Everyday for 1 Month This is What Happens High-Quality Electric Mobility Scooters for Seniors at Unbelievable Prices! Learn More Treatment That Might Help You Against Knee Pain Find Now Uncover Pakistan's Jewelry Price List (Check Now) Why Seniors Are Snapping Up This Box, We Explain! Mubarikpur: Unsold Fridges Are Being Sold For Almost Nothing Villas For Sale In Dubai Might Surprise You (Check Now) Learn More Do you speak English? Work Job From Home In Pakistan Pakistan: Unsold Jewelry From Luxembourg Might Surprise You Check Out Luxury Tent Prices \u2013 They\u2019re Cheaper Than Expected! Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 7/8 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details 4 News Sports Weather Contests Program Guide Sitemap About Us Advertise Television Jobs Public File for Public File for / My TV33 Public Inspection File Help Applications Report Mubarikpur: Discover Affordable Wedding Dress Options Learn More Explore Pakistan's Luxury Jewelry Prices! Many Women from Mubarikpur Might Be Buying Designer Handbags Watch News 2/27/25, 7:13 Three Different Outcomes For Professors Who Committed Sexual Misconduct With Students Miami 8/8", "8803_102.pdf": "David M. Gilbert Education University of California, San Diego (BA) Stanford University (PhD) Scientific career Fields Molecular biology Institutions Upstate Medical University Florida State University San Diego Biomedical Research Institute David M. Gilbert David M. Gilbert is an American molecular biologist, known for work in replication. He is an investigator at the San Diego Biomedical Research Institute. Gilbert was formerly a professor of molecular biology in the Department of Biological Science and was co-founder and a director of the Center for Genomics and Personalized Medicine at Florida State University. Gilbert received his degrees in Biochemistry/Cell Biology and Philosophy from the University of California, San Diego and his PhD in Genetics from Stanford University. He did two post-doctoral training periods, first as an fellow with Pierre Chambon in Strasbourg, France, studying transcriptional control, and second as a Roche fellow with Melvin DePamphilis studying replication origin recognition. He joined the faculty at State University of New York (SUNY) Upstate Medical University in 1994 and was appointed full professor in 2003. In 2006, he moved to Florida State University. He was elected as a fellow of the American Association for the Advancement of Science (AAAS) in 2008,[1] as well as becoming a member of the American Society of Hematology in 2013 and the International Society for Stem Cell Research in 2014. Gilbert's other awards include being named Florida State University Distinguished Research Professor (2015),[2] the Pfeiffer Endowed Professorship for Cancer Research (2015), and the Florida State University Graduate Mentorship award (2016). Gilbert\u2019s work focuses on the mechanisms regulating replication during the cell cycle and the relationship between replication and structural and functional organization of chromosomes, most recently during differentiation in human and mouse embryonic stem cells and in pediatric leukemia. He is a former principal investigator in the Encyclopedia of Elements (ENCODE) Consortium (2011\u20132017), and is a member of the 4D Nucleome consortium and the Southeast Stem Cell Consortium (SESCC). He has served on American Cancer Society (1996\u20132004) and study sections (1997\u2013present), is an editorial member of the Epigenetics Society and is on the editorial board of the Journal of Cell Biology (2008\u20132021).[3] He also maintains ReplicationDomain, a free online database resource for storing, sharing and visualizing large-scale chromosome mapping data. Education and career 2/27/25, 7:13 David M. Gilbert - Wikipedia 1/2 In 2020, Florida State University conducted an investigation into Gilbert's behavior prompted by accusations of sexual misconduct.[4][5] The report concluded that Gilbert\u2019s \u201cgendered, sexualized and invasive behaviors were severe and pervasive\u201d, and Florida State University removed Gilbert's endowed chair and suspended him without pay for ten days.[4][6] Gilbert acknowledged some of the alleged incidents and said others were \"hearsay, taken out of context, or false\", and attributed some of his behavior to \"poor judgement\" resulting from events in his personal life.[5] He resigned and moved to the San Diego Biomedical Research Institute in June 2021, taking two grants with him.[4] Even though policy required to alert the agency of the investigation and its conclusion in initiating the grant transfers did not share the report with NIH.[4 later learned the severity of the violations, but awarded another grant to Gilbert in May 2022.[4] 1 Fellows\" ( ellows.pdf) (PDF). American Association for the Advancement of Science. 2008. Retrieved January 25, 2020. 2. \"Distinguished Research Professor Awards\" ( s://artsandsciences.fsu.edu/information-about-college/faculty-awards/distinguished-research-profe ssor-awards). Florida State University. Archived from the original ( nformation-about-college/faculty-awards/distinguished-research-professor-awards) on January 25, 2020. Retrieved January 25, 2020. 3. \"Editors and Staff\" ( Journal of Cell Biology. Retrieved January 25, 2020. 4. Wadman, Meredith (April 24, 2023 rules are supposed to stop 'pass the harasser.' In one recent case, they appear to have failed\" ( d-stop-pass-harasser-one-recent-case-appear-failed). Science Magazine. Retrieved April 25, 2023. 5. Wood, Tristan (November 16, 2021 determines three professors guilty of sexual misconduct with students\" ( l). Miami Herald. Retrieved April 24, 2023. 6. \"Office of Equal Opportunity and Compliance Confidential Investigative Summary 2020-05\" (http s:// tachments_redacted.pdf) (PDF). Florida State University. Retrieved April 24, 2023 \u2013 via Science Magazine. Gilbert lab website ( ReplicationDomain data base ( David M. Gilbert ( publications indexed by Google Scholar Retrieved from \" References External links 2/27/25, 7:13 David M. Gilbert - Wikipedia 2/2", "8803_103.pdf": "Login Search accused of being late and half- hearted in responding to House investigation of sexual misconduct policies \uf017May 19, 2023 Vol.49 No.20 By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 1/15 This article is part of The Cancer Letter's Ending Sexual Misconduct in Academic Medicine series After taking eight months to respond to a House committee\u2019s questions about policies on handling of sexual misconduct cases, a letter from has provided answers that critics describe as vague and inadequate. ar from making the controversy go away, the response to congressional investigators, dated April 10, in effect leaves it to the next director\u2014likely Monica Bertagnolli\u2014to stem the political fallout and directly spell out which parties are responsible for eradicating sexual harassment and closing the loopholes that allow non-compliance to persist. \u201cThe NIH\u2019s inadequate handling of sexual harassment claims undercuts any credibility it may have in advancing women in science,\u201d Rep. Cathy McMorris Rodgers (R-WA), chair of the House Committee on Energy and Commerce, said to The Cancer Letter hope, if confirmed, Dr. Bertagnolli will institute a culture of transparency and accountability on this serious issue.\u201d The House inquiry is led by McMorris Rodgers and H. Morgan Griffith (R-VA), chair of the House Subcommittee on Oversight and Investigations officials declined to provide a copy of the April 10 letter in response to a request from The Cancer Letter. \u201cYou would need to ask the [House] committee for a copy of the [NIH] letter,\u201d said a spokesperson from the Office of the Director. Earlier this week, President Joe Biden announced his intent to nominate Monica Bertagnolli as the next director. Bertagnolli, the first woman to serve as director, if confirmed by the Senate, will be the second woman ever to serve as permanent director (The Cancer Letter, April 14, 2023). Questions related to NIH\u2019s ability to respond comprehensively to allegations of misconduct are highly likely to crop up as part of Bertagnolli\u2019s confirmation process. It\u2019s also highly likely that Bertagnolli would welcome these questions and the overall challenge. The House committee\u2019s probe\u2014initiated in 2021\u2014was triggered by The Cancer Letter\u2019s investigation into the case of Axel Grothey, an oncologist who was able to retain an influential advisory position at even after being disciplined by three states for inappropriate sexual behavior that involved a mentee (The Cancer Letter, May 28, 2021). At that time, as group chair of Alliance, Bertagnolli issued the following statement: By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 2/15 Last Friday, the oncology community became aware of allegations of improper conduct by a former Alliance member, Dr. Axel Grothey, following the publication of a Cancer Letter article detailing this issue. The article raises many troubling issues for our community. It is absolutely clear that abusive or bullying behavior of any form cannot be tolerated, and it is particularly egregious if an individual in a position of authority or power uses these tactics to coerce more vulnerable colleagues. None of us, no matter what our relative status, can abdicate responsibility for maintaining a professional environment that is respectful and supportive of all our members. When difficult situations arise, each of us can be a force for positive change. This current event reminds us all how important it is to care, to listen, and to support our colleagues in the best way we know how needs to do more, critics say. \u201cAs the Committee\u2019s letter to the in March of this year aptly noted, the issues arising from the Grothey case is only one manifestation of a broader concern affecting grantees and NIH-supported researchers,\u201d Shea Holman, chief operating officer and counsel for The Purple Method, said to The Cancer Letter. \u201cAnd the NIH\u2019s half-hearted responses [April 10] to repeated requests from the committee for updates do little to assuage concerns that the agency is committed to taking this pervasive harassment problem seriously guest editorial by Holman appears here. The Purple Method is a consulting firm focused on addressing and preventing sexual harassment in the workplace. Founded and led by the team that launched The Purple Campaign, the firm\u2019s clients include global companies, international non-profits, venture capital firms, as well as small businesses. [Disclosure: Ally Coll of The Purple Method, is stepdaughter to Paul Goldberg, editor and publisher of The Cancer Letter.] \u201cWhile [NIH] has taken important steps to create safer and more respectful workplaces for employees, there is still much room to improve,\u201d Holman said leadership must commit to \u2018walking the walk\u2019 rather than just \u2018talking the talk.\u2019\u201d The House probe of policies on sexual misconduct has been hampered by partisanship, as Democrats on the Committee declined to join the investigation. Individually, Democrats in the House and Senate have expressed frustration with NIH\u2019s policies for dealing with misconduct and harassment. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 3/15 At a May 4 hearing before the Senate Subcommittee on Appropriations for Labor-HHS, Sen. Patty Murray (D-WA) pressed Acting Director Lawrence A. Tabak for answers as to why David Gilbert\u2014a genome researcher who left Florida State University in 2021 following an investigation that found Gilbert committed \u201csevere and pervasive\u201d sexual harassment\u2014received a $2.5 million grant from last year at the San Diego Biomedical Research Institute (The Cancer Letter, May 12, 2023). \u201cThat happened despite the fact that Congress directed to make it mandatory for institutions to inform when scientists or key staff are removed or otherwise disciplined due to harassment, bullying, retaliation, or hostile working conditions, despite posting publicly that you require notification from all of your award recipients despite NIH\u2019s knowledge of the investigation\u2019s finding,\u201d Murray, chair of the Senate Committee on Appropriations, said at the hearing. \u201cAnd just have to say it is completely unacceptable. \u201cSo need to ask you today, what is doing to fully implement the requirement under last year\u2019s law that such actions must be reported to the agency? And how are you using that requirement to enforce workplace protections against harassment?\u201d In this case, the \u201coriginal institution was not completely forthcoming\u201d about the extent of Gilbert\u2019s behavior, Tabak said at the hearing. In the April 10 letter, Tabak didn\u2019t specify penalties could impose on institutions that fail to comply with reporting requirements. While is setting the tone and issuing regulations and reporting requirements consistent with the law, experts say it can do more to ensure that institutions create robust follow-up protocols for victims and don\u2019t \u201cpass the harasser\u201d (The Cancer Letter, July 15, 2022). In the April 10 letter, critics say did not provide substantive responses to crucial questions posed by the Committee. Consider these metrics: The committee\u2019s original letter, dated Aug. 11, 2022, includes 30 questions over six pages. The response took up three pages. Unanswered questions include: How does detect the \u201cpassing the rogue\u201d problem (i.e., universities exchanging faculty members accused of misconduct) referenced in NIH\u2019s PowerPoint presentation during the Oct. 26, 2021, staff briefing? If a grantee institution retaliated against a complainant, how would know about it, and what actions would be taken? By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 4/15 indicated it was working with Office of Civil Rights in September 2020. What was the outcome of these interactions? How many targets of discrimination or retaliation have been contacted as a result? Were investigations or institutional Title investigations (or others) reviewed? Please provide specifics reports to have the ability to request Title (and possibly other) investigations outside of NIH. In how many cases were these requested? What determines whether these are requested? In reviewing the OER\u2019s policy, if noncompliance with Title protocols is found, what steps does take? How much has allocated to resources to respond to targets and survivors in harassment cases involving in some way? Has (or working with other agencies) contacted any complainants to assess their sense of safety after disciplinary action to validate institutional reports? Following reports to NIH, how many follow up communications from complainants requesting any information pertinent to a prior allegation involving grants or its handling have responded to? What is the median response time (aggregate by year please)? How many have not been responded to and why? Women of color are also particularly vulnerable to sexual harassment. How is handling reports from intersectional discrimination cases? What is the credentialing requirement for officials handling reports of harassment or abuse? Are personnel trauma-informed? Are recipient institutions encouraged or required to have trauma-informed personnel handle victims/complainants for investigations and post determination? NIH\u2019s response NIH-funded researchers accused of sexual misconduct and reported to will be investigated and subjected to consequences proportional to the severity of the violation\u2014including removal from NIH-affiliated positions as well as termination of awards. \u201cIndividuals who have been found to violate their institution\u2019s policy on harassment, discrimination, or related professional misconduct will not be asked to serve in peer review and may be removed from service if they are standing members of study sections,\u201d Acting Director Tabak wrote in the April 10 letter. \u201cIf necessary, we may take additional actions ranging from restricting award funds to It is absolutely clear that abusive or bullying behavior of any form cannot be tolerated, and it is particularly egregious if an individual in a position of By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 5/15 suspending or terminating the award as outlined in Section 8 of the Grants Policy Statement.\u201d Tabak\u2019s response, obtained by The Cancer Letter, comes eight months after requested answers to 30 questions about the \u201cpervasive culture of sexual harassment\u201d in biomedical research. On March 14, the committee sent a reminder letter, stating that they expect the Office of the Director to respond (The Cancer Letter, March 17, 2023; Sept. 16, 2022 survey conducted by The Cancer Letter in 2020 found that women who experienced gender bias and sexual harassment in academic medicine unanimously rated their institutions\u2019 response as inadequate (The Cancer Letter, Oct. 2, 2020 has taken \u201cmany substantive actions\u201d within the extent of NIH\u2019s grant authorities to address harassment and discrimination in extramural biomedical science, including the development and implementation of policies and processes, Tabak said. \u201cPlease be assured agrees that the process to notify us about incidents should be simple, and persons should feel safe doing so,\u201d Tabak wrote in the April 10 letter to the committee. \u201cTo streamline the reporting process launched a website to inform the public and grantee community of the process by which allegations of harassment in NIH-funded activities can be made to and evaluated by NIH. \u201cImportantly designed an Anti-Harassment Portal which can receive allegations anonymously from the biomedical research community or notifications from extramural institutions of allegations made to them. Allegations can also be received via the [email protected] mailbox. In addition, each Institute or Center (IC) designates a point person (a Research Integrity Officer) to receive allegations from staff and to send the allegations to the Office of Extramural Research (OER) via a secure module.\u201d According to NIH\u2019s grantee harassment website, allegations of harassment or discrimination received by are assessed by staff in to determine whether there is a link to funds, whether the allegation is sufficiently specific, and whether the allegation represents harassment or discrimination\u2014including retaliation for reporting harassment or discrimination, Tabak said. \u201cIf additional information is needed from the complainant, and if contact information is provided will reach out to the complainant via the [email protected] account. Follow up usually occurs via email, but complainants may request a phone call,\u201d Tabak wrote. \u201cOnce has the needed information, the recipient institution is given 30 days to respond to a letter from leadership letter is also sent to the complainant, letting them know that we have reached out to the institution. The recipient institution may respond to indicate that they authority or power uses these tactics to coerce more vulnerable colleagues. \u2014 Monica Bertagnolli By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 6/15 have already received and handled the complaint, or they may initiate an inquiry or investigation has long expected grantee institutions to report harassment findings and disciplinary actions for NIH-funded researchers, Tabak wrote. \u201cImportantly, Section 239 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), Division H, Title granted the authority to make this expectation into a requirement, mandating that require recipient institutions to notify when individuals identified as Program Director/Principal Investigator (PD/PI) or other Senior/Key personnel in an notice of award are removed from their position or are otherwise disciplined by the recipient institution due to concerns about harassment, bullying, retaliation, or hostile working conditions.\u201d Effective July 9, 2022, NIH-funded institutions that do not report relevant cases in a timely manner would be considered to be in violation of regulations and of federal law (The Cancer Letter, July 15, 2022). \u201cOn May 10, 2022 implemented this provision by publishing NOT-OD-22-129 \u2018Updated Requirements for Notification of Removal or Disciplinary Action Involving Program Directors/Principal Investigators or other Senior/Key Personnel\u2019 to inform grantee institutions of their statutory obligation to notify of disciplinary actions and the process by which to notify NIH,\u201d Tabak wrote in the April 10 letter. \u201cWhen recipient institutions notify that an individual on an award has been removed from their position or has been otherwise disciplined by the recipient institution due to concerns about harassment, bullying, retaliation, or hostile working conditions will follow up with the recipient institution for additional details as needed.\u201d Once an institution or an individual reports allegations of misconduct to NIH, the Office of Extramural Research will ask the institution for information about disciplinary actions that are being taken or the outcome of the investigation. \u201cDepending on the situation, the institution often removes the individual from awards for a set time period and works with on implementing alternative arrangements, or places specific award conditions on the award if the individual has returned to work after a period of administrative leave,\u201d Tabak wrote. \u201cFor example may require quarterly reports that The NIH\u2019s half-hearted responses [April 10] to repeated requests from the committee for updates do little to assuage concerns that the agency is committed to taking this pervasive harassment problem seriously. \u2014 Shea Holman By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 7/15 assess the individual\u2019s workplace environment. In situations in which the individual has resigned or been terminated, the recipient institution may decide to terminate an award or transfer the award to an investigator at their institution.\u201d Deidentified data\u2014on the number and outcomes of allegations has received related to harassment and discrimination involving projects at NIH-supported institutions\u2014are posted to a public website and regularly updated multiple times each year, Tabak said. Additional generalized data on research misconduct and professional misconduct, including harassment, were published on the Open Mike blog in March 2023. According to Tabak policy and procedure announcements from 2022-2023 related to combatting discrimination and harassment in NIH-funded activities include the following: March 20, 2023 released its Fiscal Years 2023-2027 NIH-Wide Strategic Plan for Diversity, Equity, Inclusion, and Accessibility (DEIA). The plan articulates NIH\u2019s overarching vision for embracing, strengthening, and integrating into our various activities. Among other things, the plan also regularly discusses NIH\u2019s approach to addressing harassment and discrimination in biomedical research. For instance, the plan notes will launch its Workplace Civility and Equity Survey as a triennial NIH-wide survey for federal employees, contractors, and all other staff. The survey seeks to identify the prevalence of harassment and discrimination at NIH, with the goal to provide actionable results to help inform strategies towards a diverse, equitable, inclusive, accessible, and harassment-free workplace. The plan also notes that is committed to advancing principles throughout all its functions. December 22, 2022 revised the Grants Policy Statement to incorporate requirements from 45 75.30311 and Standards for Internal Controls in Federal Government in which recipient organizations are expected to establish codes of conduct which define expectations of integrity and ethical values and criteria of competence of personnel involved in the work supported by grant funds. This includes assuring work environments are free of discriminatory harassment and are safe and conducive to high-quality work. February 11, 2022 published NOT-OD-22-074 \u201cPlans to Promote Safe Environments at Conferences Supported by Grants and Cooperative Agreements\u201d to inform applicants for Support for Conferences and Scientific Meetings (R13/U13) that a Plan to Promote Safe Environments is required as part of Just-In-Time materials. \u201cWe appreciate your attention to NIH\u2019s efforts to assure safe and respectful workplaces wherever NIH-supported research is conducted,\u201d Tabak wrote in the April 10 letter. \u201cReiterating a statement Director [Michael] Lauer made earlier [last] year, wherever research By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 8/15 activities take place, our priority will always be to do what we can to eliminate harassment and ensure that the integrity of scientific endeavor is never compromised by the fundamental injustice of workplace harassment.\u201d View Issue May 19, 2023 | Vol. 49 No.20 Next Article must set rigorous policies on sexual misconduct and enact penalties for non-compliance Amid funding cuts and firings, cancer groups seek relief from judges, in Congress\u2014and in the court of public opinion As employees and others at were receiving notices of termination, national cancer organizations called on Congress \u201cto restore stability to NIH.\u201d \uf017February 21, 2025 Vol.51 No.07 By Claire Marie Porter, Jacquelyn Cobb and Paul Goldberg \uf104 \uf105 By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 9/15 Jr. is confirmed stops collecting data on sexual orientation, gender One month in: Trump\u2019s impact on oncology Earlier this week, Robert F. Kennedy Jr. was confirmed as secretary of Health and Human Services amid many resignations at federal health agencies and cancellations of and meetings. All of this happened at a time when the Trump administration is reportedly preparing to fire thousands of workers. \uf017February 14, 2025 Vol.51 No.06 By Claire Marie Porter and Jacquelyn Cobb By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 10/15 In The Headlines: Trump moves to cap indirect costs at 15 agencies webpages removed In this episode of In the Headlines, Paul Goldberg, publisher of The Cancer Letter, and Jacquelyn Cobb, associate editor, discuss the \u201cdoomsday scenario\u201d facing academic cancer centers that would follow the success of President Trump\u2019s move to limit indirect costs to 15% for NIH-funded institutions. \uf017February 14, 2025 Vol.51 No.05 By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 11/15 Federal judge blocks Trump administration\u2019s move to limit indirect costs to 15% for NIH-funded institutions The move could gut academic cancer research federal judge in Massachusetts on Feb. 10, issued a preliminary restraining order, blocking the Trump administration from enforcing an guidance that would cut the indirect costs paid on grants to a flat rate of 15%. \uf017February 10, 2025 Vol.51 No.06 By Paul Goldberg By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 12/15 \u201cPage Not Found agencies purge web pages that hint at DEI, health equity, and gender Medical group sues over removing \u201cinformation used every day by health professions\u201d The web page for the Office of Minority Health and Health Equity is no more. The pages for the Diversity Training and Biomedical Workforce Development Branch and Disparities Research Branch are kaput as well. \uf017February 07, 2025 Vol.51 No.05 By Jacquelyn Cobb and Katie Goldberg By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 13/15 awarded $1.72M grant to train brain cancer scientists Investigators at the Health Jonsson Comprehensive Cancer Center have been awarded a $1.72 million grant from to support the Neuro-Oncology Translational Research Training Program, an initiative designed to train the next generation of brain tumor scientists and physician-scientists. \uf017February 07, 2025 Vol.51 No.05 By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 14/15 About The Cancer Letter Accessibility Statement Our Contributors Editorial policies Store Our readers Pricing News alerts About login Job board Contact us Submission guidelines Advertise Careers Copyright \u00a9 2025 The Cancer Letter Inc. All rights reserved. Privacy Policy Terms & Conditions By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy 2/27/25, 7:13 accused of being late and half-hearted in responding to House investigation of sexual misconduct policies - The Cancer Letter 15/15", "8803_104.pdf": "TALLAHASSEE, Fla. (AP) \u2014 Florida State University quietly fired one professor, suspended another who resigned a few months later and allowed a third to remain on the job after it determined they committed sexual misconduct in separate incidents with students, according to disciplinary records. One took a part-time job teaching at another Florida university. The formal investigations were all previously undisclosed. At least one ran until the summer of 2021. In each case, investigators concluded that the three faculty members violated the university\u2019s sex discrimination and sexual misconduct policies made no announcements about the cases or outcomes determines 3 professors guilty of sexual misconduct - Two students walk across an open space on the campus of Florida State University in Tallahassee, Fla., April 30, 2015. Disciplinary records show Florida State University quietly fired one professor, suspended another who resigned a few months later and allowed a third to remain on the job after it determined they committed sexual misconduct in separate incidents with students. One took a part-time job teaching at another Florida university. The formal investigations were all previously undisclosed. At least one ran until the summer of 2021. In each case, investigators concluded that the three faculty members violated the university\u2019s sex discrimination and sexual misconduct policies Photo/Mark Wallheiser, file) Read More Published 11:04 CST, November 16, 2021 Economic blackout Harsh flu season Live: Trump administration Gene Hackman found dead Trump tariffs 2/27/25, 7:14 determines 3 professors guilty of sexual misconduct News 1/6 The investigative reports were obtained under Florida\u2019s public records law. One of the cases illustrates differences in rules at Florida\u2019s public universities and colleges regarding professors who have relationships with students: Some allow them in certain circumstances; others ban them. The university fired Ross May, 38, its associate director of FSU\u2019s Family Institute, which studies how parents can develop healthy environments for their children, over allegations that May pressured a student to get drunk, hugged her \u201cin a forceful way\u201d in a photograph and bet another student $50 he could have sex with her by the end of the semester. The incidents allegedly occurred during 2019, and the investigation was completed in May 2020. May is teaching two classes online at the University of West Florida, according to documents from that university. In an academic paper he published earlier this month with Frank Fincham, the Family Institute\u2019s director, May said he was working as a researcher at the Education Institute in Miami, which he said was now defunct. In another paper he published this year with Fincham, on the subject of divine forgiveness, May was listed as working with the Healthy Relationships and Lifestyle Center in Broomfield, Colorado. May said in an interview he agreed to leave despite what he called unfounded conclusions from the investigation honored their decision, and was satisfied with vacating my position.\u201d He added, \u201cAs someone who has spent considerable time trying to empirically understand the process of forgiveness apologize to anyone that might have felt slighted during the investigation, and wish them well in their endeavors.\u201d Another professor, David Gilbert, 62, said he was suspended without pay for two weeks and later resigned after a graduate student accused him of sending her a sexually explicit email in January 2020. In the email, Gilbert described an erotic dream that included the student, and said he hoped something like that would happen in the future. \u201cUs \u2018mature\u2019 guys like to work slowly \u2014 take our time and savor every minute,\u201d he wrote, according to the investigative report. 2/27/25, 7:14 determines 3 professors guilty of sexual misconduct News 2/6 Gilbert had been the university\u2019s J. Herbert Taylor distinguished professor of molecular biology. Gilbert also told the student he had named his sailboat \u201cBlow me,\u201d and invited her to travel to Japan with him, after he had separated from his wife, the report said. He was also accused of speaking derisively about former President Donald Trump, telling a student \u201cshe must be a Trump supporter in an insulting way,\u201d the report said. Another person at Florida State warned Gilbert, \u201cJust watch you don\u2019t get MeToo\u2019d,\u201d the report said \u2014 a reference to the social justice movement against sexual abuse and sexual harassment by employers that went viral in 2017. Gilbert resigned a few months after the investigation concluded in April 2020 and is now a senior investigator at the San Diego Biomedical Research Institute. Gilbert acknowledged to investigators he sent the sexually inappropriate email and another one like it, jokingly invited students to Japan and kissed a student on her neck. He said some other accusations were \u201chearsay, taken out of context, or false.\u201d He said some of his behavior was caused by poor judgment after he separated from his wife and his son died by suicide, and said he was seeking therapy, according to the report. Gilbert said in an interview that he was honest to investigators, had apologized to those involved and accepted the university\u2019s two-week suspension before he resigned later. The third investigation involved John \u201cRead\u201d Gainsford, a music professor still working in the College of Music. The university concluded after its investigation completed in July that Gainsford had improper sexual relationships with at least three students, even though he did not instruct or supervise them, because he holds \u201cconsiderable institutional authority and influence within the college and subsequently over all College of Music students.\u201d 2/27/25, 7:14 determines 3 professors guilty of sexual misconduct News 3/6 During the investigation, Gainsford described one relationship as \u201cfriends with benefits\u201d \u2013 meaning a sexual relationship without serious commitment \u2013 with a College of Music student he met on an online dating app. He said he also had a relationship with another student who he later married. The dean for the college at the time, Patricia Flowers, told investigators in June she had heard no reports or rumors about Gainsford\u2019s relationships with students am actually blindsided by this,\u201d she said. Gainsford acknowledged to investigators that such relationships were unwise. \u201cStudents gossip among themselves and no good can come of that,\u201d he said. The student who initiated the investigation accused Gainsford of non-consensual sex on at least five occasions \u2013 including once when the student had blacked out from drinking, the report said, but the university concluded that was unsubstantiated. During Florida State\u2019s questioning about those incidents, Gainsford said \u201cthat is not how remember things,\u201d and said he would never have nonconsensual sex with anyone. Florida State also concluded that Gainsford did not create an intimidating, hostile or offensive environment because it was \u201cmore likely than not\u201d that the student had agreed to Gainsford\u2019s requests for sex. Gainsford emphasized in an interview that he was cleared of the allegations of sexual assault and creating a hostile educational environment, and declined to discuss the investigation further was cleared of the allegations made,\u201d he said. Florida State permits professors to become involved in relationships with students as long as professors don\u2019t have any supervision or authority over them, such as awarding them grades. In those cases, faculty are required to disclose the relationship to their department supervisors. The University of Florida in 2019 imposed an outright ban on sexual or romantic relationships between faculty and undergraduate students, regardless of circumstances. ___ This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at [email protected]. 2/27/25, 7:14 determines 3 professors guilty of sexual misconduct News 4/6 2/27/25, 7:14 determines 3 professors guilty of sexual misconduct News 5/6 Gene Hackman, found dead at 95, was one of Hollywood\u2019s most respected actors Trump administration says it\u2019s cutting 90% of foreign aid contracts Texas child who was not vaccinated has died of measles, a first for the in a decade The Trump administration sets the stage for large-scale federal worker layoffs in a new memo pauses billions in cuts lauded by Musk as lawmakers and veterans decry loss of critical care 1 2 3 4 5 2/27/25, 7:14 determines 3 professors guilty of sexual misconduct News 6/6"} |
8,738 | J. Donald Freeze | Georgetown University | [
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] | {"8738_101.pdf": "( ( Title at Georgetown University ( Preventing and Responding to Clerical Sexual Abuse Georgetown is deeply committed to preventing and responding to clerical sexual abuse and to protecting the most vulnerable among us. Our community has and will continue to be built on care and trust, as well as accountability and action. As Fr. Arturo Sosa, S.J., Superior General of the Society of Jesus, shared at a gathering of Jesuit colleges and universities: \u201cUniversities bring about cultural change. The call to build a culture that protects the vulnerable is an opportunity for us to engage in practical, long-term work in this important aspect of fostering reconciliation and justice, and providing the conditions for integral human flourishing.\u201d Sosa, Arturo, S.J. \u201cThe University as a Source of Reconciled Life.\u201d International Association of Jesuit Universities Conference. Sanctuary of Loyola, Azpeitia, Spain. 11 July, 2018 Georgetown has an important role, as a Catholic and Jesuit institution, in promoting a culture of safeguarding vulnerable people and creating a context in which the abuse of power can be identified and eliminated. \u201cThis is a moment when we know that more is required of us. As a community, let us proceed together, let us discern together, engaging in this work of transformation, working for a \u2018cultural change\u2019 that will ensure the safety and protection of all our people.\u201d President DeGioia in 2018 on the role of the university in addressing challenges, including the clerical sexual abuse crisis. Allegations Against J. Donald Freeze, S.J. On June 11, 2021, President DeGioia wrote ( provost-june-2021/)to the community to share actions the University is taking after a former undergraduate student reported experiencing deeply troubling and unacceptable behavior by the late J. Donald Freeze, S.J., which occurred more than 30 years ago. This behavior\u2014which involved non-consensual kissing and touching\u2014was particularly egregious due to Fr. Freeze\u2019s role as both a member of the clergy and as our former Provost. Georgetown University expresses its deepest apology and has revoked Father Freeze\u2019s honorary degree as well as all other university-sanctioned recognitions. The University has also continued to strengthen our communication and relationship with the Province to ensure transparency and information-sharing between our institutions. Other alumni have come forward to report similar experiences of abuse. We wish to acknowledge the courage of alumni in coming forward and to express our deepest sorrow in light of the experiences that they have shared. The University continues to support survivors and those impacted, including alumni, through the work of our Title office. Individuals interested in learning more information, including how to be connected with resources and supports, may contact a Title Coordinator at [email protected]. 2/27/25, 7:14 Preventing and Responding to Clerical Sexual Abuse | Title at Georgetown University | Georgetown University 1/4 Reporting We encourage all members of our community to report sexual misconduct and use the resources of the University to obtain support. Support Coordinator Beginning in February 2023, the University hired a Support Coordinator to provide additional support and resources for survivors of clergy abuse, with the goal of assisting individuals in their healing process. The Support Coordinator provides services including intake, triage, consultation, referrals, and general coordination of care for individuals \u2013 including Georgetown University alumni and former employees \u2014 who report that they experienced sex abuse by clergy affiliated with Georgetown at the time of the abuse. The Support Coordinator is a neutral and private resource, who will listen to the survivor to understand their requests and needs and serves as a liaison between survivors and the University. The Support Coordinator has extensive experience working with survivors, including survivors of clergy sex abuse. If you would like to connect with the Support Coordinator, Mike Riley, you may contact him at [email protected]. Other Reporting Options Individuals who are interested in making a report may email [email protected] or visit the University\u2019s reporting portal at ( Individuals can also report sexual misconduct by a Jesuit by contacting the province\u2019s victim advocate at [email protected]. Persons who are unsure about whether they want to report may contact a confidential counselor ( Getting Support Georgetown has resources in place to support members of the University community, including our alumni community, who have experienced or wish to report sexual misconduct, including clergy abuse. Resources and supports include connections to medical care, safety assistance, confidential counseling, and Title interim supportive measures. Additionally, off-campus resources are available. On-campus resources and support for students and employees include: Connections to medical care Safety assistance Confidential counseling Supportive measures Additionally, off-campus resources may include connection to: Support groups, healing circles, retreats 2/27/25, 7:14 Preventing and Responding to Clerical Sexual Abuse | Title at Georgetown University | Georgetown University 2/4 Faith-based supports Readings Virtual Therapy Individuals interested in support may contact the University\u2019s Title Coordinator at [email protected] or visit the University\u2019s Online Resource Center at ( Relationships Involving a Power Differential or an Abuse of Power For more information on relationships involving a power differential or an abuse of power, please visit ( Ongoing Work President DeGioia charged a Working Group of the Board of Directors to address the allegations against Fr. Freeze and advance Georgetown\u2019s work with the regional province of the Society of Jesus (now the East Province) which assigns Jesuits to serve the Georgetown community. The Working Group, in collaboration with an alumnus, has helped to strengthen our communication and relationship with the Province to ensure transparency and information-sharing between our institutions. We also continue our response to the clerical sex abuse crisis, hosting public convenings and conversations that build awareness and supporting research into the effects of clerical sexual abuse on survivors and how to improve screening and assessments of candidates for the seminary. Relevant University Messages Announcement regarding former Georgetown Provost, the late J. Donald Freeze, S.J. ( June 2021 Message from President DeGioia ( February 2019 Report by the Maryland Province of the Society of Jesus ( of-the-Society-of-Jesus/), December 2018 Reflections on the Responsibilities of the University in this Critical Moment ( september-2018/), September 2018 Educational Resources Individuals who are interested in learning more about the Clergy Sex Abuse crisis and the ongoing work in this area are encouraged to review the following resources: ( 2/27/25, 7:14 Preventing and Responding to Clerical Sexual Abuse | Title at Georgetown University | Georgetown University 3/4 Clergy Sexual Abuse Survivors: The Dynamics of a Survivor\u2019s Perspective Listening to the Voices of Survivors ( a-survivor-s-perspective#_ga=2.63462120.615803996.1632677603-464021039.1612986556) co-hosted by the Berkley Center for Religion, Peace and World Affairs at Georgetown University and the Human Flourishing Program at Harvard University\u2019s Institute for Quantitative Social Science. It was co-sponsored by Georgetown University\u2019s Initiative on Catholic Social Thought and Public Life, Office of Mission and Ministry, and the Georgetown Law Office of Mission and Ministry. Lifting Up the Voices of Female Survivors of Clergy Sexual Abuse: Listening to the Voices of Survivors ( co-sponsored by the Berkley Center for Religion, Peace, and World Affairs; Initiative on Catholic Social Thought and Public Life; Office of Mission and Ministry; and Georgetown Law Office of Mission and Ministry at Georgetown University with the Human Flourishing Program at Harvard University\u2019s Institute for Quantitative Social Science and Awake Milwaukee. Neglected Voices in the Clergy Sexual Abuse Crisis ( sponsored by the Initiative on Catholic Social Thought and Public Life, included conversations about the abuse crisis all too often neglect the voices of those within Native, Latino, and Black communities, even as members of those communities suffer disproportionately from abuse. Title at Georgetown University Darnall Hall, Suite M-36 37th and Streets, N.W. Washington D.C. 20057 Phone: 202-687-4798 2/27/25, 7:14 Preventing and Responding to Clerical Sexual Abuse | Title at Georgetown University | Georgetown University 4/4", "8738_102.pdf": "The Hoya \u2022 June 16, 2021 \u2022 former-provost-amid-allegations-of-sexual-misconduct/ Georgetown Revokes Honorary Degree From Former Provost Amid Allegations of Sexual Misconduct By Katie Hawkinson CW: This article discusses sexual misconduct on campus. Please refer to the end of the article for on- and off- campus resources. Georgetown University rescinded all honorifics from former Provost J. Donald Freeze, S.J., following allegations of sexual misconduct from an alumnus. On June 11, President John J. DeGioia \u201979 \u201995) sent a universitywide email regarding allegations from a former undergraduate student that Freeze forced him to engage in nonconsensual kissing and touching. In response to this news, the university has revoked all honorifics awarded to Freeze, including an honorary degree granted in 1991. Freeze worked at Georgetown from 1971 to 1991, serving as assistant dean before he was named provost in 1979. \u201cWe are grateful to the alumnus who came forward with his experiences and we condemn in the strongest possible terms any clergy abuse,\u201d DeGioia wrote in a universitywide email | Georgetown University has revoked all honorifics, including an honorary degree, from former Provost J. Donald Freeze, S.J., following allegations of sexual misconduct from a former undergraduate student. To address these allegations, DeGioia has established a working group of the board of directors, a subset of the board that will oversee the university\u2019s response. The Working Group will be led by DeGioia and staffed by three Georgetown graduates, including Thomas A. Reynolds \u201974), chair-elect of the board of directors. The working group has begun work with the East Province of the Society of Jesus, an organization that assigns Jesuits to Georgetown and other East Coast schools, to increase transparency and communication between the two organizations. DeGioia wrote that the university hopes to address sexual assault policies to better uplift survivors. \u201cWe see these steps as the continuation but not the end of our work, and we are committed to continuing to partner with the alumnus to ensure that not only University policies but also Province policies are as strong as possible in supporting survivors,\u201d DeGioia wrote. The East Province did not respond to The Hoya\u2019s request for comment in time for publication. DeGioia\u2019s email brings to light the 16th publicly known, Georgetown-affiliated priest or nun implicated in a sexual misconduct case. In 2019, The Hoya reported on 13 priests and one nun who were credibly accused of sexual abuse. The 15th, Fr. Alvaro Ribeiro, S.J., was accused of sexual harassment while teaching at Georgetown from 1992 to 2010. Previously, in February 2019, the university rescinded Cardinal Theodore McCarrick\u2019s honorary degree after he was expelled from the priesthood for sexual abuse. This decision came after The New York Times reported allegations of sexual abuse against McCarrick in June 2018. In the subsequent months, Catholic student groups on campus advocated for the university to condemn McCarrick. Degioia wrote that Georgetown has prioritized preventing sexual abuse from clergy members in recent decades. \u201cThe safety of the Georgetown community is our first priority. In the years since Father Freeze was Provost, we have implemented strong policies and procedures to provide support for sexual abuse survivors, including survivors of clergy sex abuse, and programs to safeguard our community from sexual misconduct of any kind by any member of our University,\u201d Degioia wrote. Individuals can report sexual misconduct by a Jesuit by contacting the province\u2019s victim advocate at [email protected]. Resources: On-campus resources include Health Education Services (202-687-8949) and Counseling and Psychiatric Service (202- 687-7080); additional off-campus resources include the D.C. Rape Crisis Center (202-333-7273) and the D.C. Forensic Nurse Examiner Washington Hospital Center (844-443-5732). Individuals can also report sexual misconduct by a Jesuit by contacting the province\u2019s victim advocate at [email protected]. If you or anyone you know would like to receive a sexual assault forensic examination or other medical care \u2014 including emergency contraception \u2014 call the Network for Victim Recovery of D.C. at 202-742-1727. To report sexual misconduct, you can contact Georgetown\u2019s Title coordinator at 202-687-9183 or file an online report here. Emergency contraception is available at the located at 1403 Wisconsin Ave and through H*yas for Choice. For more information, visit sexualassault.georgetown.edu.", "8738_103.pdf": "By Dennis Romero June 11, 2021, 7:27 Late Georgetown provost accused of nonconsensual contact with student Georgetown's president called the allegations \"particularly egregious\" because J. Donald Freeze had power as a priest and provost The campus of Georgetown University in Washington, D.C., March 12, 2019. Win McNamee / Getty Images file 2/27/25, 7:14 Late Georgetown provost accused of nonconsensual contact with student 1/3 Georgetown University on Friday announced that a former undergraduate had accused late priest and Provost J. Donald Freeze of nonconsensual contact. In a letter to alumni, the office of Georgetown President John J. DeGioia said that a group was investigating the claim regarding behavior more than three decades ago and that the university \"expresses its deepest apology.\" The institution described the allegations in factual terms but did not expressly say it has found them to be true. \"While this behavior \u2014 which involved non-consensual kissing and touching \u2014 occurred more than 30 years ago, it is particularly egregious due to Fr. Freeze\u2019s role as both a member of the clergy and as our former Provost,\" the letter, also signed by three members of the working group, said. The accuser wasn't named, but the letter said, \"We wish to acknowledge the courage of an alumnus in coming forward and to express our distress at the experiences that he has shared and the abuse of power that occurred.\" J. Donald Freeze was provost from 1979 to 1991 and received an honorary Georgetown degree in 1991. The letter said the degree and all other school \"recognitions\" have been revoked. The university said it's working with East Province, the Catholic Church's Jesuit administration for most of the East Coast, to strengthen policies and procedures governing sexual misconduct. \"In the years since Father Freeze was Provost, we have implemented strong policies and procedures to provide support for sexual abuse survivors, including survivors of clergy sex abuse, and programs to safeguard our community from sexual misconduct of any kind by any member of our University,\" the school's letter said. Freeze, who died in 2006 at St. Joseph\u2019s University from Alzheimer's, taught Latin and French at St. Joseph\u2019s Preparatory School in Philadelphia before working at a number of colleges before arriving at Georgetown, according to the university student newspaper The Hoya. In 1981, he presented British Prime Minister Margaret Thatcher with an honorary doctor of laws degree. The next year, he presented Mother Teresa an honorary doctorate of humane letters after she spoke on campus and urged students to \"know the poor.\" 2/27/25, 7:14 Late Georgetown provost accused of nonconsensual contact with student 2/3 Freeze was named in a 1980s court challenge by the student Gay Rights Coalition as a member of an administration that refused to recognize the group as a campus organization District of Columbia appeals court judge ruled in 1987 that LGBTQ+ groups must essentially be treated by the institution as any other. Years earlier Freeze persuaded Margaret Rockefeller Strong, granddaughter of oil tycoon John D. Rockefeller, to donate her family's Tuscan estate, Villa Le Balze, to Georgetown. He retired as provost in 1991 to run the student program there, The Hoya said. In a description of his eulogy for Freeze, the publication said Rev. Aloysius Kelley recalled that \"students who came to visit with Freeze in his room in Copley Hall often would stay there chatting until the middle of the night.\" Megan Carpentier contributed. Dennis Romero Dennis Romero is a breaking news reporter for News Digital. 2/27/25, 7:14 Late Georgetown provost accused of nonconsensual contact with student 3/3", "8738_104.pdf": "The Hoya \u2022 September 16, 2021 \u2022 sexual-misconduct-allegations-against-former-provost/ Kirk Zieser/The Hoya | An unspecified number of survivors have come forward with additional allegations of sexual abuse against former Georgetown University Provost J. Donald Freeze, S.J. Additional Survivors Come Forward With Sexual Misconduct Allegations Against Former Provost By Katie Hawkinson CW: This article discusses clerical sexual abuse on campus. Please refer to the end of the article for on- and off-campus resources. More survivors have come forward with allegations of sexual misconduct against former Georgetown University Provost J. Donald Freeze, S.J. In June, the university rescinded all honorifics from Freeze after a former undergraduate student contacted the university alleging that Freeze forced him to engage in nonconsensual kissing and touching. The university announced on its Title page that an undisclosed number of Georgetown graduates have since brought forth similar allegations against the former provost. Freeze worked at Georgetown from 1971 to 1991, serving as assistant dean before becoming provost in 1979. After the June announcement, University President John J. DeGioia \u201979 \u201995) formed a working group of the university board of directors specifically dedicated to investigating clerical sexual abuse on campus. The board is led by DeGioia and staffed by three Georgetown graduates. On Sept. 11, The Washington Post reported that one of the additional graduates had come forward to them. The survivor said that Freeze \u201creached over and placed his hand\u201d on the survivor\u2019s crotch during a private dinner. The survivor subsequently attempted to report the incident to the university president at the time, Fr. Timothy Healy, S.J., but the office of the president referred him to campus ministry, The Post reported. After attempting to reach university officials again in February 2020 and being redirected to the Office of Institutional Diversity, Equity and Affirmative Action, the survivor met virtually with the working group of the board of directors. He told The Post that the working group would not disclose the number of additional survivors who had brought forth allegations against Freeze and instead read him a \u201cwritten statement of apology.\u201d Freeze is the 16th publicly known Georgetown-affiliated priest or nun accused of sexual abuse. Prior to rescinding all honorifics from Freeze, administrators also revoked an honorary degree from former Washington, D.C. Archbishop Theodore McCarrick in February 2019 amid allegations of sexual misconduct and student advocacy calling on the university to take action. In August, McCarrick became the first cardinal in the United States to be criminally charged with a sexual offense against a minor. In March 2019, administrators also revoked emeritus status from Fr. Daniel C. O\u2019Connell, S.J., just eight days after receiving questions from The Hoya about past allegations of sexual abuse against him university spokesperson said the university is working with the East Province of the Society of Jesus, an organization that assigns Jesuits to Georgetown and other East Coast schools, to address the clerical sexual abuse crisis. \u201cWe have engaged with the East Province, which has now committed to readdress and strengthen its policies and processes for sexual misconduct perpetrated against adults, and to more fully share with Georgetown information regarding sexual misconduct of any kind,\u201d a university spokesperson wrote in an email to The Hoya. Resources: On-campus resources include Health Education Services (202-687-8949) and Counseling and Psychiatric Service (202- 687-7080); additional off-campus resources include the D.C. Rape Crisis Center (202-333-7273) and the D.C. Forensic Nurse Examiner Washington Hospital Center (844-443-5732). Individuals can also report sexual misconduct by a Jesuit by contacting the province\u2019s victim advocate at [email protected]. If you or anyone you know would like to receive a sexual assault forensic examination or other medical care \u2014 including emergency contraception \u2014 call the Network for Victim Recovery of D.C. at 202-742-1727. To report sexual misconduct, you can contact Georgetown\u2019s Title coordinator at 202-687-9183 or file an online report here. Emergency contraception is available at the located at 1403 Wisconsin Ave and through H*yas for Choice. For more information, visit sexualassault.georgetown.edu.", "8738_105.pdf": "1. Skip to main content 1. Search this Site Search Office of the President 1. About 2. Special Projects 3. Messages Office of the President 1. About 2. Special Projects 3. Messages 1. Search this Site Search Community Messages Archive Announcement regarding former Georgetown Provost, the late J. Donald Freeze, S.J. June 11, 2021 1. \uf082 Facebook 2. \uf08c LinkedIn 3 4. \uf0e0 E-mail Content Warning: This message contains information and discussion of clergy sex abuse and other topics that may be difficult or upsetting. Individuals are encouraged to reach out to the University for support and to be mindful of their own self-care. Dear Members of the Georgetown University Community: 2/27/25, 7:15 Announcement regarding former Georgetown Provost, the late J. Donald Freeze, S.J. | Office of the President | Georgetown Univer\u2026 1/3 am writing today to share actions taken in response to experiences shared with us by a former undergraduate student relating to deeply troubling and unacceptable behavior by the late J. Donald Freeze, S.J., who served in a variety of roles on campus, including as Provost from 1979-1991, and who was awarded an honorary degree in 1991 established a Working Group of the Board of Directors to oversee the University\u2019s response join the Members of the Working Group in sharing the update below to the University community. We are writing today to share actions the University is taking relating to deeply troubling and unacceptable behavior by the late J. Donald Freeze, S.J. While this behavior\u2014which involved non-consensual kissing and touching\u2014occurred more than 30 years ago, it is particularly egregious due to Fr. Freeze\u2019s role as both a member of the clergy and as our former Provost. We wish to acknowledge the courage of an alumnus in coming forward and to express our distress at the experiences that he has shared and the abuse of power that occurred. The Working Group of the Board of Directors was charged to address these allegations and advance our work with the regional province of the Society of Jesus (now the East Province) which assigns Jesuits to serve the Georgetown community. The Working Group, in collaboration with the alumnus, has helped to strengthen the work with the Province to ensure transparency and information- sharing between our institutions. With the concurrence of our Board of Directors, Georgetown University expresses its deepest apology and has revoked Father Freeze\u2019s honorary degree as well as all other university-sanctioned recognitions. In partnership with the alumnus and as part of our ongoing work to prevent and address sexual misconduct, we have engaged the East Province, which has now committed to readdress and strengthen its policies and processes for sexual misconduct perpetrated against adults, and to more fully share with Georgetown information regarding sexual misconduct of any kind. We see these steps as the continuation but not the end of our work, and we are committed to continuing to partner with the alumnus to ensure that not only University policies but also Province policies are as strong as possible in supporting survivors. We will also continue our response to the clerical sex abuse crisis, hosting public convenings and conversations that build awareness and supporting research into the effects of clerical sexual abuse on survivors and how to improve screening and assessments of candidates for the seminary. The safety of the Georgetown community is our first priority. In the years since Father Freeze was Provost, we have implemented strong policies and procedures to provide support for sexual abuse survivors, including survivors of clergy sex abuse, and programs to safeguard our community from sexual misconduct of any kind by any member of our University. We are grateful to the alumnus who came forward with his experiences and we condemn in the strongest possible terms any clergy abuse. Campus Ministers and members of the Society of Jesus play a unique and trusted role in our community. We must continue to create a trusted environment that encourages survivors to come forward and provides them the best possible resources and support. We understand that this information is deeply upsetting and we would encourage members of our community to reach out for support. We encourage all members of our community to report sexual misconduct and use the resources of the University to obtain support. Individuals can also report sexual misconduct by a Jesuit by contacting the province\u2019s victim advocate at [email protected]. Georgetown remains deeply committed to preventing and responding to sexual abuse and to protecting the most vulnerable among us. Our community has and will continue to be built on care and trust, as well as accountability and action. Sincerely, 2/27/25, 7:15 Announcement regarding former Georgetown Provost, the late J. Donald Freeze, S.J. | Office of the President | Georgetown Univer\u2026 2/3 John J. DeGioia, President, Georgetown University Bonnie W. Gwin, (F\u201982, MSFS\u201983), Member, Board of Directors Working Group Tyree P. Jones, Jr., (L\u201986), Member, Board of Directors Working Group Thomas A. Reynolds III, (B\u201974), Chair-Elect, Board of Directors, Member, Board of Directors Working Group Office of the President 204 Healy Hall 37th & \u201cO\u201d Streets Washington 20057-1789 P. 202-687-4134 F. 202-687-6660 E. [email protected] 1. Privacy Policy 2. Copyright 3. Accessibility 4. Notice of Non-Discrimination \u00a9 2025 Office of the President Office of the President 204 Healy Hall 37th & \u201cO\u201d Streets Washington 20057-1789 P. 202-687-4134 F. 202-687-6660 E. [email protected] 1. Privacy Policy 2. Copyright 3. Accessibility 4. Notice of Non-Discrimination \u00a9 2025 Office of the President 2/27/25, 7:15 Announcement regarding former Georgetown Provost, the late J. Donald Freeze, S.J. | Office of the President | Georgetown Univer\u2026 3/3"} |
7,432 | Stanley DeRusha | Michigan State University | [
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said said said said said said said said said said said said said said said said said said said said said wide hydrogen challenge wall goal number plumbing range perience sue 1972 francis coins increased night night night night night senior wilson health building title title ritual that that that that that that that that that that that that that reportedly associated 1981 1981 need 50 media recent recent 55 out-of-court gag between between ministration ministration decisions pushes opinion contact settlement cheating association association association association nurshing were were were were budget budget budget purpose newly-elected move kremlin under under under under vice vice nickels experience experience finally shortly future secretary secretary university university university university university university university university university university university vocate guilty due red during during during during crosse crosse might communism announced with with with with with 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also: History of Michigan \u00b7 Historical outline of Michigan \u00b7 List of years in Michigan \u00b7 1984 in the United States 1984 in Michigan Events from the year 1984 in Michigan. The Associated Press (AP) selected the state's top news stories as follows:[1][2] 1. The July 16 decision by Consumers Power to shut down the Midland Nuclear Power Plant which was 85% complete, but had experienced massive cost overruns and total costs in excess of $3.6 billion; 2. (tie) The takeover of the Michigan Senate by Republicans in February 1984 following special elections to replace two Democratic Senators (Philip Mastin and David Serotkin) who had been ousted in 1983 recall elections targeting legislators who voted in favor of a 38% income tax increase;[3] 2. (tie) The resurgence of the automobile industry, including increased sales and profits and the announcement by Mazda that it would build a $450 million plant in Flat Rock, Michigan; 4. The United Auto Workers' six-day strike against 17 General Motors plants in September; 5. (tie) The defeat of Proposition C, a ballot initiative dubbed \"Voter's Choice\" which would have rolled back taxes to 1981 levels, required voter approval for future tax increases, and reduced Detroit's non-resident income tax; 5. (tie) The resurgence of the state's economy, including a decline in unemployment and a state budget surplus of $282 million; 7. The sentencing of Upjohn heir Roger A. Gauntlett, age 43, to \"chemical castration\" (through five years of treatment with Depo-Provera) for the repeated rape of his teenage stepdaughter.[4] (The Depo-Provera aspect of the sentence was later reversed on appeal.) 8. (tie) The tarnishing of Detroit's image due to violent outbreaks in October, including a shooting death and other violence amid the celebration of the Detroit Tigers' October 14 victory in the 1984 World Series,[5] and hundreds of fires set in Detroit on October 30, \"Devil's night\";[6] 8. (tie) The federal civil rights trial, following protests over lenient state court sentencing (probation and fines), of Chrysler plant superintendent Ronald Ebens and his stepson, Michael Nitz, in the racially motivated Murder of Vincent Chin, a Chinese American man who was beaten to death in June 1982 with a baseball bat after an altercation at the Fancy Pants Lounge, a Woodward Avenue strip Top Michigan news stories 3/1/25, 10:44 1984 in Michigan - Wikipedia 1/10 Gov. Blanchard club. Ebens was convicted on June 28 in the federal case and sentenced on September 18 to 25 years in federal prison.[7] (The appellate court later ordered a new trial that resulted in Ebens' acquittal on May 1, 1987.) 10. (tie) The comeback of Chrysler Corporation after repaying federal loan guarantees in 1983 and achieving record earnings of $803 million in the quarter from April to June 1984; and 10. (tie) The House of Judah controversies, including the trial and conviction of three members of the religious camp in South Haven arising out of the July 1983 beating death of 12-year-old John Yarbough, the conviction of another member for raping a 13-year-old girl, the removal of 66 children from the camp, and the death of two other children in a mobile home fire in October 1984.[8][9] Governor of Michigan: James Blanchard (Democrat) Lieutenant Governor of Michigan: Martha Griffiths (Democrat) Michigan Attorney General: Frank J. Kelley (Democrat) Michigan Secretary of State: Richard H. Austin (Democrat) Speaker of the Michigan House of Representatives: Gary Owen (Democrat) Majority Leader of the Michigan Senate: William Faust (Democrat)/John Engler (Republican) Chief Justice, Michigan Supreme Court: G. Mennen Williams Mayor of Detroit: Coleman Young Mayor of Grand Rapids: Abe L. Drasin Mayor of Warren, Michigan: James R. Randlett Mayor of Sterling Heights, Michigan: Arthur Madar Mayor of Flint: James A. Sharp, Jr. Mayor of Dearborn: John O'Reilly, Sr. Mayor of Lansing: Terry John McKane Mayor of Ann Arbor: Louis Belcher (Republican) Mayor of Saginaw: Lawrence D. Crawford U.S. Senator from Michigan: Donald W. Riegle Jr. (Democrat) U.S. Senator from Michigan: Carl Levin (Democrat) House District 1: John Conyers (Democrat) House District 2: Carl Pursell (Republican) House District 3: Howard Wolpe (Republican) Office holders State office holders Mayors of major cities Federal office holders 3/1/25, 10:44 1984 in Michigan - Wikipedia 2/10 Sen. Riegle Sen. Levin House District 4: Mark D. Siljander (Republican) House District 5: Harold S. Sawyer (Republican) House District 6: Bob Dunn (Democrat) House District 7: Dale Kildee (Democrat) House District 8: J. Bob Traxler (Democrat) House District 9: Guy Vander Jagt (Republican) House District 10: Donald J. Albosta (Democrat) House District 11: Robert William Davis (Republican) House District 12: David Bonior (Democrat) House District 13: George Crockett Jr. (Democrat) House District 14: Dennis M. Hertel (Democrat) House District 15: William D. Ford (Democrat) House District 16: John Dingell (Democrat) House District 17: Sander Levin (Democrat) House District 18: William Broomfield (Republican) In the 1980 United States census, Michigan was recorded as having a population of 9,259,000 persons, ranking as the eighth most populous state in the country. By 1990, the state's population had grown only marginally by 0.4% to 9,259,000 persons. The following is a list of cities in Michigan with a population of at least 50,000 based on 1980 U.S. Census data. Historic census data from 1970 and 1990 is included to reflect trends in population increases or decreases. Cities that are part of the Detroit metropolitan area are shaded in tan. Population Cities 3/1/25, 10:44 1984 in Michigan - Wikipedia 3/10 1980 Rank City County 1970 Pop. 1980 Pop. 1990 Pop. Change 1980-90 1 Detroit Wayne 1,514,063 1,203,368 1,027,974 \u221214.6% 2 Grand Rapids Kent 197,649 181,843 189,126 4.0% 3 Warren Macomb 179,260 161,134 144,864 \u221210.1% 4 Flint Genesee 193,317 159,611 140,761 \u221211.8% 5 Lansing Ingham 131,403 130,414 127,321 \u22122.4% 6 Sterling Heights Macomb 61,365 108,999 117,810 8.1% 7 Ann Arbor Washtenaw 100,035 107,969 109,592 1.5% 8 Livonia Wayne 110,109 104,814 100,850 \u22123.8% 9 Dearborn Wayne 104,199 90,660 89,286 \u22121.5% 10 Westland Wayne 86,749 84,603 84,724 0.1% 11 Kalamazoo Kalamazoo 85,555 79,722 80,277 0.7% 12 Taylor Wayne 70,020 77,568 70,811 \u22128.7% 13 Saginaw Saginaw 91,849 77,508 69,512 \u221210.3% 14 Pontiac Oakland 85,279 76,715 71,166 \u22127.2% 15 St. Clair Shores Macomb 88,093 76,210 68,107 \u221210.6% 16 Southfield Oakland 69,298 75,608 75,745 0.2% 17 Royal Oak Oakland 86,238 70,893 65,410 \u22127.7% 18 Dearborn Heights Wayne 80,069 67,706 60,838 \u221210.1% 19 Troy Oakland 39,419 67,102 72,884 8.6% 20 Wyoming Kent 56,560 59,616 63,891 7.2% 21 Farmington Hills Oakland -- 58,056 74,611 28.5% 22 Roseville Macomb 60,529 54,311 51,412 \u22125.3% 23 East Lansing Ingham 47,540 51,392 50,677 \u22121.4% The following is a list of counties in Michigan with populations of at least 100,000 based on 1980 U.S. Census data. Historic census data from 1970 and 1990 are included to reflect trends in population increases or decreases. Counties that are part of the Detroit metropolitan area are shaded in tan. Counties 3/1/25, 10:44 1984 in Michigan - Wikipedia 4/10 1980 Rank County Largest city 1970 Pop. 1980 Pop. 1990 Pop. Change 1980-90 1 Wayne Detroit 2,666,751 2,337,891 2,111,687 \u22129.7% 2 Oakland Pontiac 907,871 1,011,793 1,083,592 7.1% 3 Macomb Warren 625,309 694,600 717,400 3.3% 4 Genesee Flint 444,341 450,449 430,459 \u22124.4% 5 Kent Grand Rapids 411,044 444,506 500,631 12.6% 6 Ingham Lansing 261,039 275,520 281,912 2.3% 7 Washtenaw Ann Arbor 234,103 264,748 282,937 6.9% 8 Saginaw Saginaw 219,743 228,059 211,946 \u22127.1% 9 Kalamazoo Kalamazoo 201,550 212,378 223,411 5.2% 10 Berrien Benton Harbor 163,875 171,276 161,378 \u22125.8% 11 Muskegon Muskegon 157,426 157,589 158,983 0.9% 12 Ottawa Holland 128,181 157,174 187,768 19.5% 13 Jackson Jackson 143,274 151,495 149,756 \u22121.1% 14 Calhoun Battle Creek 141,963 141,557 135,982 \u22123.9% 15 St. Clair Port Huron 120,175 138,802 145,607 4.9% 16 Monroe Monroe 118,479 134,659 133,600 \u22120.8% 17 Bay Bay City 117,339 119,881 111,723 \u22126.8% 18 Livingston Howell 58,967 100,289 115,645 15.3% 1984 Detroit Tigers season \u2013 Under manager Sparky Anderson, the Tigers compiled a 104\u201358 record, finished first in the American League East, defeated the Kansas City Royals in the 1984 American League Championship Series, and defeated the San Diego Padres in the 1984 World Series. The team's statistical leaders included Alan Trammell with a .314 batting average, Lance Parrish with 33 home runs and 98 RBIs, Jack Morris with 19 wins, and Willie Hern\u00e1ndez with a 1.92 earned run average (ERA).[10] Hernandez was selected as the American League's Most Valuable Player. 1984 Detroit Lions season \u2013 The Lions, under head coach Monte Clark, compiled a 4\u201311\u20131 record and finished fourth in the Central Division. The team's statistical leaders included Gary Danielson with 3,076 passing yards, Billy Sims with 687 rushing yards, Leonard Thompson with 773 receiving yards, and Eddie Murray with 91 points scored.[11] 1984 Michigan Wolverines football team \u2013 Under head coach Bo Schembechler, the Wolverines compiled a 6\u20136 record, including a loss to No. 1 in the Holiday Bowl. The team's statistical Sports Baseball American football 3/1/25, 10:44 1984 in Michigan - Wikipedia 5/10 leaders included Jim Harbaugh with 718 passing yards, Jamie Morris with 573 rushing yards, Sim Nelson with 459 receiving yards, and Bob Bergeron with 60 points scored.[12] 1983\u201384 Detroit Pistons season \u2013 Under head coach Chuck Daly, the Pistons compiled a 49\u201333 record and finished second in the NBA's Central Division. The team's statistical leaders included Isiah Thomas with 1,784 points and 914 assists and Bill Laimbeer with 1,003 rebounds.[13] 1983\u201384 Detroit Red Wings season \u2013 Under head coach Nick Polano, the Red Wings compiled a 31\u201342\u20137 record and finished third in the National Hockey League's Norris Division. The team's statistical leaders included Steve Yzerman with 87 points, John Ogrodnick with 42 goals and Brad Park with 53 assists. The team's regular goaltenders were Greg Stefan (50 games), Eddie Mio (24 games), and Corrado Micalef (14 games).[14] January 1984 - Ted Nugent's album Pentrator was released and reached No. 56 on the Billboard 200 album chart. February 1984 - Madonna's song \"Borderline\" was released as a single and reached No. 10 on the Billboard Hot 100. March 1984 - The Big Chill (soundtrack), featuring Motown hits, was certified platinum. May 1984 - \"Ghostbusters\", the title song from the movie recorded by Detroit native Ray Parker Jr. was released and reached No. 1 on the Billboard Hot 100 in August. June 1984 - Glenn Frey's album The Allnighter was released and reached No. 22 on the Billboard album chart. The album included the single \"Smuggler's Blues\". August 1984 - Stevie Wonder's Just Called to Say Love You\" from The Woman in Red (soundtrack) was released. It reached No. 1 on the Billboard Hot 100 and won the Academy Award for Best Original Song. September 1984 - Diana Ross' album Swept Away was released. The single \"Missing You\", a tribute to Marvin Gaye, was Ross' final top ten on the Billboard Hot 100. November 1984 - Madonna's album Like a Virgin was released and reached No. 1 on the Billboard album chart. The album included hit singles \"Material Girl\" (No. 2), \"Like a Virgin\" (No. 1), and \"Angel\" (No. 5). Basketball Ice hockey Boxing Other Music and culture 3/1/25, 10:44 1984 in Michigan - Wikipedia 6/10 January 2 - Coleman Young celebrated the 10th anniversary of his inauguration as Mayor of Detroit. January 2 - No. 8 Michigan lost to No. 3 Auburn by a 9\u20137 score in the 1984 Sugar Bowl. Al Del Greco kicked three field goals for Auburn. January 6 - The Census Bureau issued a report showing the cities over 50,000 population with the highest percentage of homes occupied by their owners. Redford Township ranked first in the nation with a 91.4% rate of owner-occupied housing. Livonia ranked second at 90.24%; Dearborn Heights was fifth with 85.76%; and St. Clair Shores was seventh with 84.06%.[15] January 8 - Jesse Jackson held a rally attended by 7,000 persons at Calihan Hall at the University of Detroit in support of his presidential campaign. January 9 - The Supreme Court rejected a challenge to a Detroit Police Department requiring promotion of equal numbers of white and black officers. January 9 - General Motors' Board of Directors approved a reorganization consolidating the company's five car divisions into two new groups, one for large cars and the other for small cars. January 11 - Fred Cummings resigned as director of the Detroit Institute of Arts after months of controversy over his management of the museum. January 20 - Two House of Judah members were sentenced to a year in prison and five years probation for child cruelty in the beating death of a 12-year-old boy. January 21 - Detroit recorded a temperature of 21 degrees below zero, the coldest recording in the city since 1872. January 26 - Astronaut Jack Lousma announced his candidacy for the Republican nomination to challenge Carl Levin for his seat in the U.S. Senate January 29 - Isaiah Thomas was named the of the All-Star Game. January 30 - Upjohn pharmaceutical heir Roger Gauntlett was sentenced to one year in county jail and five years of probation and ordered to take and experimental drug to reduce the male sex drive. He had been convicted of repeatedly raping his teenage stepdaughter over a seven-year period. The drug, Depo-Provera, was manufactured by Upjohn. In announcing the sentence, the judge described the treatment as \"castration by chemical means\".[4] January 31 - In special elections to fill the seats of two Democratic members of the Michigan Senate (both had been recalled for supporting an income tax increase), Republican candidates won both contests. The victories gave Republicans control of the Senate for the first time in 10 years.[3 Michigan State University judicial board found the school's marching band director, Stanley DeRusha, had sexually harassed six women students, including coerced oral sex and multiple instances of sexual touching. DeRusha had been the band director since 1978.[16] Chronology of events January 3/1/25, 10:44 1984 in Michigan - Wikipedia 7/10 January 12 - Scott Olsen, baseball pitcher, in Kalamazoo February 9 - Maurice Ager, basketball player, in Detroit February 12 - Peter Vanderkaay, swimmer and four-time Olympic medalist, in Royal Oak, Michigan March 1 - Naima Mora, model and winner of Cycle 4 of America's Next Top Model, in Detroit March 7 - Brandon T. Jackson, stand-up comedian, rapper, actor, and writer, in Detroit May 7 - Drew Stanton, American football quarterback, in Okemos, Michigan June 1 - Jennie Ritter, softball pitcher, in Dexter, Michigan June 23 - Walshy, professional gamer, in Grandville, Michigan July 21 - Paul Davis, basketball player, in Rochester, Michigan August 28 - Denmark Vessey, rapper and record producer, in Dearborn, Michigan August 30 - Joe Staley, American football player, in Rockford, Michigan November 30 - LaMarr Woodley, American football linebacker and winner of the Lombardi and Hendricks Awards in 2006, in Saginaw, Michigan February March April May June July August September October November December Births 3/1/25, 10:44 1984 in Michigan - Wikipedia 8/10 January 11 - Peter Licavoli, organized crime figure, at age 81 in Tucson, Arizona January 21 - Jackie Wilson, singer and Detroit native, at age 49 in New Jersey[17] January 21 - Rebecca Shelley, pacifist, at age 97 in Battle Creek, Michigan March 18 - Charley Lau, baseball catcher and hitting coach, at age 50 in Florida April 1 - Marvin Gaye, Motown singer, at age 44 in Los Angeles April 29 - Neno DaPrato, American football fullback, at age 91 in Pennsylvania July 14 - Philipp\u00e9 Wynne, singer and member of The Spinners, at age 43 in Oakland, California July 15 - Marcus Plant, law professor and athletic administrator, at age 72 in Ann Arbor July 27 - C. L. Franklin, Baptist minister, civil rights activist, and father of Aretha Franklin, at age 69 in Detroit August 14 - Bobo Jenkins, Detroit blues and electric blues guitarist, singer and songwriter, at age 68 in Detroit History of Michigan History of Detroit 1. \"Midland nuclear plant shutdown state's top story\" ( dland_nuclear_plant_shutdown_states/). Detroit Free Press. December 30, 1984. pp. 1B, 11B \u2013 via Newspapers.com. 2. \"Closure of Midland Plant Top Michigan Story in '84\" ( closure_of_midland_plant_top_michigan/). The Herald-Palladium. December 26, 1984. p. 31 \u2013 via Newspapers.com. 3. \"Republicans Win Special Elections, Control of Senate\" ( 19/republicans_win_special_elections/). Detroit Free Press. February 1, 1984. pp. 1\u20132 \u2013 via Newspapers.com. 4. \" 'Chemical castration' ordered in Kalamazoo rape\" ( hemical_castration_ordered_in/). Detroit Free Press. January 31, 1984. p. 1 \u2013 via Newspapers.com. 5. \"One killed, others hurt amid revelry\" ( ers_hurt_amid_rivalry/). Detroit Free Press. October 15, 1984. p. 1 \u2013 via Newspapers.com. 6. \"Devil's Night vandals set hundreds of fires\" ( ight_vandals_set_hundreds_of/). Detroit Free Press. October 31, 1984. p. 1 \u2013 via Newspapers.com. 7. \"Ebens gets 25 years in Chin case\" ( years_in_chin_case/). Detroit Free Press. September 19, 1984. p. 1 \u2013 via Newspapers.com. Gallery of 1984 births Deaths Gallery of 1984 deaths See also References 3/1/25, 10:44 1984 in Michigan - Wikipedia 9/10 8. \"Fire at 'Judah' Kills 2 Children\" ( _children/). The Herald-Palladium. October 19, 1984. p. 13 \u2013 via Newspapers.com. 9. \"House of Judah: What police found at the cult's Allegan County compound\" ( m/news/grand-rapids/index.ssf/2013/06/house_of_judah_what_police_fou.html). Grand Rapids News. June 25, 2013. 10. \"1984 Detroit Tigers Statistics\" ( Baseball-Reference.com. Sports Reference LLC. Retrieved March 21, 2018. 11. \"1984 Detroit Lions Statistics & Players\" ( tm). Pro-Football-Reference.com. Sports Reference LLC. Retrieved March 21, 2018. 12. \"1984 Michigan Wolverines Stats\" ( tml). SR/College Football. Sports Reference LLC. Retrieved March 21, 2018. 13. \"1983\u201384 Detroit Pistons Roster and Stats\" ( 84.html). Basketball-Reference.com. Sports Reference LLC. Retrieved March 21, 2018. 14. \"1983\u201384 Detroit Red Wings Roster and Statistics\" ( T/1984.html). Hockey-Reference.com. Sports Reference LLC. Retrieved March 21, 2018. 15. \"2 Detroit suburbs top U.S. in home ownership listing\" ( 8/2_detroit_suburbs_top_us_in_home/). Detroit Free Press. January 7, 1984. p. 3 \u2013 via Newspapers.com. 16. \"Band director harassed women, panel says\" ( and_director_harassed_msu_women_panel/). Detroit Free Press. February 1, 1984. p. 3 \u2013 via Newspapers.com. 17. \"Farewell to a star: Rhythm-blues great Jackie Wilson is mourned, praised\" ( ers.com/clip/18535199/farewell_to_a_star_rhythmblues_great/). Detroit Free Press. January 29, 1984. p. 3 \u2013 via Newspapers.com. Retrieved from \" 3/1/25, 10:44 1984 in Michigan - Wikipedia 10/10"} |
7,439 | William Derkley Strampel | Michigan State University | [
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] | {"7439_101.pdf": "Who is William Strampel? Facts about ex dean's career and the allegations he faces Published 3:45 p.m March 28, 2018 Updated 9:38 a.m April 3, 2018 \u2014 Dr. William Derkley Strampel, former boss of ex-sports medicine doctor Larry Nassar, is now facing criminal charges of his own. The 70-year-old DeWitt resident was dean at Michigan State University's College of Osteopathic Medicine until he stepped down from his administrative role and went on medical leave in December 2017. Strampel faces several charges related to his oversight of Nassar's conduct. Nassar, 54, will spend the rest of his life in prison after pleading guilty to possessing child pornography and to sexually assaulting patients under the guise of medical treatment. Other charges against Strampel relate to allegations that Strampel sexually harassed or assaulted medical students. More: Court records: Former dean William Strampel sexually harassed students, had pornography on university computer Dean William Strampel, Larry Nassar's former boss, steps down for medical reasons Timeline: Michigan State and its handling of sexual assault cases Sarah Lehr Lansing State Journal 2/27/25, 7:18 Who is William Strampel? Larry Nassar's former boss faces charges 1/4 What is Strampel accused of? Four women told Michigan Attorney General's Office investigators that Strampel groped them, made sexual remarks and appeared to pressure them for sexual acts in exchange for favorable treatment, court records say. Strampel denies the allegations. Investigators say Strampel had pornographic images of women on his work computer, some of which appeared to be \"selfies\" taken by students. Special Prosecutor William Forsyth has also charged Strampel with willful neglect of duty, related to his failure to follow-up to enforce protocols after a university Title investigation. That investigation cleared Nassar of sexual misconduct, but Strampel and Nassar then agreed on protocols to be put in place once Nassar returned to clinical duties. Strampel's attorney has said it was the responsibility of the Title investigator, not Strampel, to ensure compliance with those protocols. Related let Larry Nassar see patients for 16 months during criminal sex assault investigation The Lansing State Journal reported in December that let Nassar see patients for 16 months after Nassar was cleared by Title investigators in 2014 but while he was still under criminal investigation. More: Timeline: Who is Larry Nassar? Controversial coach timeline of John Geddert's career in gymnastics hid full conclusions of 2014 Nassar report from victim What consequences could Strampel face? Strampel, also the target of numerous pending civil lawsuits related to Nassar's conduct at MSU, faces a maximum five-year prison sentence on a felony misconduct in office charge. He could face up two years on a misdemeanor sexual assault charge and up to one year on each of the two misdemeanor willful neglect of duty charges. 2/27/25, 7:18 Who is William Strampel? Larry Nassar's former boss faces charges 2/4 Strampel also could lose his medical license. Forsyth has asked regulators to review Strampel's certification. When Strampel took medical leave to step down from his deanship in December, he retained a position on the university's faculty. That may change, however Interim President John Engler announced in February he was taking steps to fire Strampel by revoking his tenure. The university's Office of Institutional Equity has been investigating Strampel since December spokeswoman Emily Guerrant said. That investigation includes Strampel's potential Title violations. Related: People called Lou Anna Simon one of MSU's best presidents. Then came Larry Nassar Putnam: Charges against Nassar's boss paint MSU's culture as creepy What is Strampel's background? Strampel became dean of the College of Osteopathic Medicine in 2002 after former dean Allen Jacobs died hired Strampel in 1998 as a senior associate dean and professor, according to Strampel's personnel file. Before that, Strampel worked as a special assistant for operations and readiness to the U.S. Surgeon General, according to a 2002 news release. He held a variety of positions with the U.S. Army, including commander of the Brooke Army Medical Center and Great Plains Regional Medical Command, the news release states. Strampel earned a bachelor's degree from Hope College in 1970 and a D.O. from the Chicago College of Osteopathic Medicine in 1976. Strampel's current salary is $412,000, according to information provided by the university. More: How Larry Nassar abused hundreds of gymnasts and eluded justice for decades 2/27/25, 7:18 Who is William Strampel? Larry Nassar's former boss faces charges 3/4 Larry Nassar and a career filled with \u2018silenced\u2019 voices Full coverage: Larry Nassar Contact Sarah Lehr at (517) 377-1056 or [email protected]. Follow her on Twitter @SarahGLehr. Matt Mencarini contributed reporting. Follow him on Twitter @MattMencarini. 2/27/25, 7:18 Who is William Strampel? Larry Nassar's former boss faces charges 4/4", "7439_102.pdf": "Ex Dean Who Oversaw Larry Nassar Is Found Guilty Of Multiple Charges 12, 2019 \u00b7 12:15 By Cheyna Roth, Vanessa Romo William Strampel, pictured in March 2018, was convicted Wednesday in part over his role in the handling of complaints against the former sports doctor Larry Nassar. He was cleared of a more serious criminal sexual conduct charge. Paul Sancya 24 Hour Program Stream On Air Now 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 1/13 former dean at Michigan State University who oversaw Larry Nassar was found guilty of multiple criminal charges on Wednesday, including over his handling of sexual abuse allegations against the convicted sports doctor jury convicted William Strampel, who was head of the College of Osteopathic Medicine, on two counts of willful neglect of duty and one count of felony misconduct in office over sexual comments he made to female students when they came to him for help with their careers. But the 71-year-old was cleared of felony second-degree criminal sexual conduct. He faces a maximum of five years in prison. Strampel served as dean for more than a decade. He initially stepped down for medical reasons before being fired in 2018 in the wake of the Nassar scandal. Nassar, who worked for and Gymnastics, was convicted of sexually assaulting patients under the guise of medical treatment for decades. During his sentencing, hundreds of women and girls came forward to say that they had been abused by the doctor Larry Nassar Sentenced To Up To 125 Years Additional Prison Time 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 2/13 On Wednesday, after more than five hours of deliberation, jurors found that Strampel failed to properly oversee Nassar. He had been responsible for ensuring Nassar abided by certain protocols after launched an investigation of the sports doctor in 2014. They also found that a laundry list of sexual comments Strampel made to female students was criminal and agreed with the prosecutor that Strampel used his position as dean to attempt to get sexual favors. Several women testified that they had gone to Strampel to arrange to retake tests or to address concerns about their future at the college. They said during their separate meetings with Strampel that he made sexually laden comments, including, \"If you tell anybody that made this exception for you, I'll tell people that we're having sex and ruin your reputation\" and \"You would look sexy driving that sports car.\" The sexual conduct charge was a part of that former student, Jessica Neuroth, testified that Strampel grabbed her buttocks while at a scholarship dinner in 2014 key issue at trial was whether Strampel had a \"corrupt intent Former Michigan State President Arraigned On Charges Tied To Larry Nassar Scandal 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 3/13 Michigan Assistant Attorney General Danielle Hagaman-Clark, who led the case against Strampel, argued during her opening statement and closing arguments that he maintained a powerful position at and held the future of these women in his hands. She said Strampel fully comprehended the weight of sexually harassing statements such as \"How many of your classmates are virgins?\" and own you.\" \"Absolute power corrupts absolutely,\" Hagaman-Clark told the jury. Strampel's attorney, John Dakmak, countered that any comments that Strampel made were \"locker room talk former colleague of Strampel's, William Falls, testified that Strampel was indiscriminate in making sexually inappropriate comments; he said them to men, women and groups know there were other members of the dean's staff who were going to talk to him about it,\" Falls said. \"There was also evaluations or surveys that were being done that we did make comments about that language and how it could be detrimental to the college.\" Dakmak used that testimony to try to show that Strampel had \"a sailor's mouth\" but argued that it wasn't enough for any sort of criminal or corrupt intent. \"The corruption is not there,\" Dakmak said during his closing argument. \"Don't take shock and awe and boggle that up with criminal intent. With criminality.\" Hagaman-Clark agreed that \"locker room talk\" would not be enough to convict Strampel had the comments been made at a bar. But she noted that the comments were uttered in an academic setting between a dean of the college and women who believed he was \"standing between them and their dream of becoming a doctor.\" 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 4/13 The news you need to start your day Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. Email address More Stories From \"Should these women have to listen to this sexually inappropriate language? And this sexual innuendo?\" Hagaman-Clark asked in her rebuttal. \"They all felt threatened by it. Why? Why should they have to listen to that? They're simply trying to become doctors.\" 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 5/13 The drops its lawsuit against Capital One, marking a major reversal work could 'cross extreme ethical and legal lines,' says former employee 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 6/13 Court partially halts Trump's mass firings of federal employees will reopen a major detention center in New Jersey as it eyes a broader expansion Martin Marty, leading scholar of American religion, dies at 97 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 7/13 Andrew Tate, facing rape and trafficking charges in Romania, is back in the U.S. Popular on NPR.org 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 8/13 Pentagon directs removal of trans service members from military rare 'parade' of all 7 planets will move across the night sky this week 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 9/13 Trump's social media video garners pushback from Arabs and Muslims in U.S. and Gaza How a son spent a year trying to save his father from conspiracy theories Language as protagonist in Cristina Rivera Garza's newly translated novel Europe's members take an economic hit Editors' Picks Katy Perry and Gayle King are heading to space as part of an all-female Blue Origin crew 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 10/13 Data show Tesla sales declined sharply in Europe workers return to to clear their desks, as Trump dismantles the agency 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 11/13 Trump says new tariffs will cut U.S. drug deaths but fatal overdoses were already plummeting Alzheimer's was taking her memory, so she started taking a new drug 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 12/13 2 years after Greece's deadliest train crash, victims and families await answers Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help Overview Diversity Network Accessibility Ethics Finances Support Public Radio Sponsor Careers Shop Events Extra terms of use privacy your privacy choices text only \u00a9 2025 npr 2/27/25, 7:19 Former Dean Found Guilty Of Misconduct In Office 13/13", "7439_103.pdf": "2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 1/11 Larry Nassar\u2019s former boss accused of sexually assaulting female students By Eric Levenson, Linh Tran and Jean Casarez 7 minute read \u00b7 Updated 5:29 EDT, Tue March 27, 2018 (CNN) \u2014 Larry Nassar\u2019s former boss at Michigan State University used his power to sexually assault, harass, and solicit nude photos from female students, according to a criminal complaint. William Strampel, the former dean of MSU\u2019s College of Osteopathic Medicine, has been charged with one felony count of misconduct in office and a misdemeanor count of fourth- degree criminal sexual conduct for his own actions as dean from 2002 to 2018, according to court documents. The 70-year-old also faces two misdemeanor charges of willful neglect of duty related to his failure to properly oversee Nassar, the former Gymnastics doctor who admitted to sexually abusing young girls for decades, court documents state. The criminal complaint details statements from four female students who described disturbing instances of Strampel\u2019s abuse of power as dean According to the document Strampel asked Former dean accused of assaulting students 02:07 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 2/11 instances of Strampel s abuse of power as dean. According to the document, Strampel asked for nude photos and sexual favors, he groped women\u2019s buttocks at official events, and demeaned the way they dressed. In one 2013 incident, the complaint says, Strampel allegedly told a female student she needed to learn her place in life, and asked her, \u201cWhat do have to do to teach you to be submissive and subordinate to men?\u201d William Strampel From Michigan State University The charges came as part of Michigan special prosecutor William Forsyth\u2019s investigation into how Nassar the former and Gymnastics doctor was able to abuse more than 200 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 3/11 how Nassar, the former and Gymnastics doctor, was able to abuse more than 200 young girls and women over more than two decades. Nassar pleaded guilty to charges of criminal sexual conduct and child pornography and was sentenced to three lengthy prison terms that effectively will keep him behind bars for the rest of his life. During sentencing in his trial, many women blamed Michigan State University for dismissing their complaints and failing to stop Nassar. Part of Forsyth\u2019s investigation included a search of Strampel\u2019s office computer in February 2018, where investigators discovered about 50 photos that contained nudity and pornography, many of which appear to be selfies of female students, the complaint states. Forensic examination of the computer showed someone had attempted to delete some of the photos, the complaint states. Investigators also uncovered pornographic videos on his work computer, as well as a video of Nassar performing his so-called \u201ctreatment\u201d on a young female patient. Many of the doctor\u2019s abuse victims described a procedure in which he would insert his fingers in their vagina without wearing surgical gloves. Strampel, wearing glasses and a patterned sweater, was arraigned in Michigan district court on Tuesday afternoon in East Lansing. Strampel\u2019s defense attorney said the former dean is a retired Army colonel, has no criminal record and was not a threat to the public. The judge set bond at $25,000 personal recognizance, and ordered Strampel not to initiate contact with any current or former medical students. If convicted, he could face up to five years in prison on the felony misconduct charge. \u2018Vile man interim President John Engler said in a statement that the charges against Strampel \u201cconfirm our belief that he has fallen far short of what is expected and required from academic leadership.\u201d \u201cWhile the crimes of one doctor and the misconduct of his dean do not represent our university, they do demand the scrutiny of everyone in order to assure individuals like these can never be in a position to harm others,\u201d Engler added. John C. Manly, an attorney who represents more than 100 women in civil lawsuits related to the Nassar case, said his clients were \u201cencouraged\u201d by the attorney general\u2019s action Here's what Michigan State University has done since Larry Nassar's trial 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 4/11 Here's what Michigan State University has done since Larry Nassar's trial \u201cIt demonstrates that he is serious about investigating the systemic misconduct at that led to the largest child sex abuse scandal in history and holding the responsible parties accountable,\u201d Manly said. Amanda Thomashow, the first woman to file an official Title complaint against Nassar, accusing him of violating the school\u2019s sexual harassment policy, called Strampel a \u201cvile man\u201d in a statement on Tuesday am not sure what exactly this arrest means, but am sadly not surprised to find out that he was another known and intentionally overlooked predator at MSU,\u201d she said. \u201cSuch disgusting and abusive behavior has been enabled for far too long, not only at but also at institutions across the country (and world).\u201d Rachael Denhollander, the first woman to speak publicly about Nassar\u2019s abuse, said she was grateful that justice came for Strampel. \u201cThere is a reason Larry was able to perpetrate the worst sexual assault scandal in sports and campus history. We are seeing some of these reasons. We\u2019ve been seeing them for 18 months,\u201d she said continually refuses to acknowledge responsibility for a culture that allowed men like Larry and Strampel to abuse and harass with no consequences hold your entire future in my hand\u2019 How systems failed girls abused by Nassar 03:27 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 5/11 The unnamed victims, all female medical students, describe situations in which Strampel used his power as dean for his own sexual purposes. In June 2017, a medical student visited Strampel to appeal a test score she received on an exam, the complaint states. He suggested that 26-year-old women \u2013 the age of the student \u2013 can \u201cput out\u201d for 20 minutes with an old man, after which he would fall asleep, and in return the woman would get a free vacation, the complaint states. During that meeting, Strampel also made unprompted comments about taking nude photos that she interpreted as a request to send nude photos to him in exchange for special treatment, the complaint states Larry Nassar claimed he was 'the body whisperer' in police interview In 2011, Strampel summoned a female student to his office and told her to turn around in a circle for him so he could observe her body, according to the complaint. Strampel then went on a rant for about an hour, \u201cdegrading her appearance and telling her she needed to dress like a woman, clarifying that she was never going to make it in the profession if she did not dress sexier,\u201d according to the complaint year later, the student went to a group counseling session hosted by Strampel, in which he told the group hold your entire future in my hand and can do whatever want with it,\u201d the complaint states. In 2014, the student won a scholarship and attended an event to honor the recipients. There, Strampel grabbed her left buttock and gripped it firmly during a photo-op, the complaint states third female student struggling to pass an exam said Strampel suggested she become a centerfold model, according to the complaint. Strampel agreed to let her retake the exam another time in exchange for a \u201cfavor\u201d that she agreed to do anything he asked, including visit his house on the weekend or \u201cweed the garden,\u201d the complaint states fourth female student said Strampel approached her from behind and grabbed her buttocks at the college annual ball in February 2010, the complaint states. She did not report it to th iti b h \u201cdid t t t b th t f di l h l \u201d th l i t 03:27 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 6/11 authorities because she \u201cdid not want to be thrown out of medical school,\u201d the complaint states. Failure to monitor Nassar The complaint also states that Strampel improperly allowed Nassar to continue treating patients before a Title investigation into his sexual misconduct was complete. In addition, Strampel failed to enforce protocols set up to prevent future issues with Nassar, such as requiring him to wear gloves during examinations, the complaint states This man is tasked with finding out who failed Larry Nassar's victims That Title case concerned Thomashow\u2019s 2014 report to officials in which she said Nassar touched her vagina and her breasts during a doctor\u2019s visit. Nassar told police and Strampel that this was part of his cutting-edge medical procedure, and he was cleared of wrongdoing. Nassar abused more young girls from the time he was cleared in that incident until his arrest in late 2016, the complaint states moved in early February to revoke Strampel\u2019s tenure. He stepped down from the dean position in December, citing health problems letter from Carol Viventi, vice president and special counsel to Engler, called out \u201cDr. Strampel\u2019s failure to monitor and enforce clinical practice guidelines put in place for former doctor Larry Nassar following the conclusion of a 2014 sexual harassment investigation.\u201d According to Viventi\u2019s letter, Strampel issued new guidelines for Nassar after the investigation, but did not notify the Health Team or establish a system to monitor or enforce those guidelines. CNN\u2019s Laura Ly contributed to this report. Up next Mother of Palestinian American boy slain in suburban Chicago hate crime testifies at trial 4 minute read 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 7/11 4 minute read Six New York prison guards charged with murder in beating death of handcuffed man 6 minute read Rep. 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Cory Mills under investigation by police for alleged assault Preliminary autopsies performed on Gene Hackman and wife find no external injuries ... She graduated from high school with honors but can\u2019t read or write. Now she\u2019s suing Andrew Tate and brother arrive in Florida after leaving Romania, spokesperson says 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 9/11 Sign in World Politics Business Markets Health Entertainment Tech Style Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Search CNN... Live Listen Watch 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 10/11 Watch Listen Games About Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved Sans \u2122 & \u00a9 2016 Cable News Network 2/27/25, 7:19 Larry Nassar\u2019s former boss accused of sexually assaulting female students 11/11", "7439_104.pdf": "Court records: Former dean William Strampel sexually harassed students, had pornography on university computer Matt Mencarini and Christopher Haxel Lansing State Journal Published 8:57 a.m March 27, 2018 Updated 5:31 p.m March 27, 2018 - The former dean of MSU's College of Osteopathic Medicine was arraigned Tuesday on charges of felony misconduct in office, fourth-degree criminal sexual conduct and two additional misdemeanors in East Lansing's 54B District Court. Four women told investigators that, while they were medical students at MSU, Dr. William Derkey Strampel, 70 either sexually harassed or sexually assaulted them, court records say. The women said he made sexually inappropriate comments, groped them and appeared to offer them favorable treatment in exchange for sexual acts. Investigators also say they found pornographic images on Strampel's computer, some of which appeared to be \"selfies\" from students. Warrants were issued for Strampel on Tuesday morning by Judge Richard Ball, who arraigned Strampel in the afternoon via a video connection. Strampel had been in custody since Monday night, which he spent in the Ingham County Jail. The charges are the first related to a Michigan Attorney General's Office investigation of sexual misconduct at Michigan State University that was announced in January amid two sentencing hearings for disgraced sports medicine doctor Larry Nassar. Nassar, who sexually abused hundreds of patients, worked for Strampel. Strampel served as dean of the College of Osteopathic Medicine from 2002 until December, more than a year after Nassar was charged. Strampel stepped down for medical reasons. He remains on the faculty, though he is on medical leave. Ball set a personal recognizance bond at $25,000, meaning Strampel can be released without payment but would be required to pay $25,000 if he fails to appear in court. Ball also ordered 2/27/25, 7:19 Ex dean Strampel accused of harassing students, possessing porn 1/6 that he not contact victims or witnesses, that he have no contact with current or past medical students and that he not travel out of state preliminary hearing was set for May 3. Strampel denies inappropriately touching anyone and denied that there was any \"quid pro quo for sexual favors in exchange for any type of standing within the university\u2019s medical school,\" John Dakmak, Strampel\u2019s attorney told reporters after the arraignment. He added that Strampel had no romantic or sexual relationships with any medical students. Two of the misdemeanor charges Strampel faces relate to the 2014 Title investigation of Nassar, during which Strampel received regular updates. Dakmak said it was the responsibility of the Title investigator, not Strampel, to follow up to ensure Nassar was following protocols put in place after the Title investigation. \"The idea that my client neglected his duty, that will be mete out in court,\" Dakmak said. \"And we expect to prevail on that.\" The misconduct in office charge carries a maximum sentence of up to five years in prison. The sexual assault charge is a high court misdemeanor, which means it carries a two-year maximum sentence. The willful neglect of duty charges carry a one-year maximum each. The AG's investigation is being led by special prosecutor William Forsyth and Forsyth's first request to for documents revealed Strampel was an early focus. During a news conference on Tuesday, Forsyth said his investigation received a credible tip about Strampel so it obtained a search warrant before the university could provide documents. Asked if the search was a political stunt, Forsyth said, \"We did what we felt we needed to do\" and the search led them to where they are now. The willful neglect of duty charges relate to Strampel's actions during and after Nassar's 2014 Title investigation, according to the affidavit. The felony charge relates to a series of sexually inappropriate comments made to at least four female students as early as 2006, according to the affidavit filed by Michigan State Police Det. Lt. Ryan Pennell in support of the charges. Allegations from three of the four victims involve misconduct during meetings with Strampel to discuss low test scores. One alleged inappropriate behavior by Strampel on at least four occasions over four years. 2/27/25, 7:19 Ex dean Strampel accused of harassing students, possessing porn 2/6 The university has an open investigation of Strampel by its Office of Institutional Equity that includes potential Title violations spokeswoman Emily Guerrant said. She added that the investigation started in December. Additional details from the affidavit include: In either 2006 or 2007, Strampel had a conversation with a woman, identified only as Victim 4, at a local flu clinic and turned the conversation to drinking. He then said how \"it was good when women were drunk, because then it was easy to have sex with them.\" During the college's annual ball in 2010, Strampel approached the woman from behind and grabbed her right buttock. The woman didn't report it then, she told police, because she \"did not want to be thrown out of medical school forensic examination of Strampel's work computer found about 50 photographs of \"bare vaginas, nude and semi-nude women, sex toys, and pornography,\" according to the affidavit. Police said many of the photos appeared to be \"selfies\" of female students and that it appeared someone had tried to delete the photos. Strampel solicited nude photos from at least one female student, the affidavit says. \"Also uncovered on Strampel's work computer were pornographic videos and a video of Dr. Larry Nassar performing 'treatment' on a young female patient,\" the affidavit said. Dakmak said it's likely that the video referenced in the affidavit is one of the ones Nassar used to teach his techniques around the country. In 2011, a woman identified as Victim 2 fell asleep in class and Strampel summoned her to his office later. He told her not to sit down but to turn around twice so he could observe her body, she told police, before going on a rant degrading her body. The woman told police Strampel told her she needed to dress sexier if she wanted to advance in her profession. The conversation lasted about an hour and Strampel never brought up a reason for the meeting. Years later, she met with Strampel again to address complaints about her surgical residency. When she walked in the room he again told her to turn around twice. He later told her that she needed to learn her place in life and said, \"what do have to do to teach you to be submissive and subordinate to men?\", according to the affidavit. 2/27/25, 7:19 Ex dean Strampel accused of harassing students, possessing porn 3/6 In 2014, Victim 2 attended a university event as a recipient of a scholarship. She was called up to take a picture with Strampel and he reached around and grabbed her \"left buttock and gripped it firmly,\" according to the affidavit. Months later at a luncheon he walked up to her and slowly looked her up and down. She was uncomfortable and asked him to look at her face, and he responded, \"eye candy is eye candy.\" Also in 2014, he met with a female student identified as Victim 3 who had failed an exam. When she walked into his office, she later told police, he scanned her body up and down several times. She asked permission to retake the exam and Strampel told her she could if she signed a contract saying she'd drop out if she failed. She fell one point short of a passing grade when she retook the test, and when she met with Strampel he suggested she become a centerfold model as a backup career. He told her she could take the test a third time, but she would be required to do anything for him, and said if he called her on the weekend or to \"weed the garden\" she would have to do it. She later told police she understood this to mean that she was being asked to do anything he wanted sexually in exchange for the favor. Timeline:Who is Larry Nassar? Timeline: Michigan State and its handling of sexual assault cases In February, interim President John Engler took steps toward firing Strampel by starting the process to revoke his tenure. He also announced that would no longer pay for Strampel's legal defense. \"Some of the allegations about his personal conduct, especially conduct toward students, are disturbing,\" Engler said in a statement reacting to the charges. \"Today's charges confirm our belief that he has fallen short of what is expected and required from academic leadership. They are not in alignment with this university's values and they never have been.\" Jamie White, an attorney who represents more than 30 women and girls suing over abuse involving Nassar, said in a statement that details connected to Strampel's charges are not surprising. 2/27/25, 7:19 Ex dean Strampel accused of harassing students, possessing porn 4/6 \"We pleaded privately and publicly for an independent investigation in February of 2017 those requests fell on deaf ears until the entire country was exposed to this disaster through the victim impact statements of more than 250 women,\" he said. \"We will never know how much evidence has been lost, tampered with, and destroyed over the course of the last several years.\" Strampel had been Nassar's boss for several years, including in 2014, when Nassar was the subject of a criminal investigation and a university Title investigation stemming from Amanda Thomashow's report that Nassar sexually assaulted her during a medical appointment. Strampel received regular updates on the progress of the Title investigation and communicated directly with Nassar during it, documents show month before the investigation ended, Nassar emailed Strampel and said he was going to return to clinical duties, according to emails the State Journal obtained through a public records requests. Strampel wrote back, \"be sure you have someone in the room with you at all times until the report is finished.\" This approval is the basis for one of the willful neglect of duty charges. The investigation found that Thomashow, then a recent graduate, likely misinterpreted what Nassar did as sexual assault because she didn't understand the \"nuanced difference\" between that and osteopathic medical procedures has refused to reopen that investigation; earlier this month Thomashow asked the U.S. Department of Education to reopen it. After the investigation, Nassar and Strampel met and agreed on three protocols required for Nassar to return to clinical duties, but those protocols didn't include a mechanism to ensure compliance. Strampel later told police he never intended to follow up on the protocols because they were common sense for all physicians and because Nassar had been exonerated, according to a police report the State Journal obtained through a public records request. Strampel's handling of the protocols after the investigation is the basis for the second willful neglect of duty charge. 2/27/25, 7:19 Ex dean Strampel accused of harassing students, possessing porn 5/6 Dakmak, Strampel's attorney, defended his client's action following the Title investigation, saying that the university's Title office and Office of General Counsel were both aware of the protocols, and that the Title office gave Strampel a \"positive response.\" The criminal investigation by the Police Department continued 16 months after the Title review concluded. During that time allowed Nassar to see patients. Ingham County prosecutors denied a warrant request for a misdemeanor sexual assault charge in that investigation. At least 20 women and girls have said Nassar abused them after the close of the Title investigation, records show. The Title investigation ended with two reports. The one given to Thomashow had a shorter conclusion section than the one given to Nassar, Strampel and the university. The State Journal reported in January that the report given to Nassar and Strampel found Nassar's conduct could open the university to lawsuits and expose patients to \u201cunnecessary trauma based on the possibility of perceived inappropriate sexual misconduct.\u201d In 2017, Nassar pleaded guilty to three child pornography charges prosecuted by the U.S. Attorney for the Western District of Michigan and 10 sexual assault charges that were prosecuted by the AG's Office. The Police Department led the investigations. Nassar is serving a 60-year sentence in a federal prison in Arizona. Many of the sexual assault charges related to abuses at MSU, and several for abuses that occurred after the close of the Title investigation. Contact Matt Mencarini at (517) 267-1347 or [email protected]. Follow him on Twitter @MattMencarini. 2/27/25, 7:19 Ex dean Strampel accused of harassing students, possessing porn 6/6", "7439_105.pdf": "Strampel became dean of the College of Osteopathic Medicine in 2002 after former dean Allen Jacobs died. William Strampel (Photo: Courtesy of Ingham County Sheriff's Office) Dr. William Derkley Strampel, former boss of ex-sports medicine doctor Larry Nassar, is now facing criminal charges of his own. Who is William Strampel? Facts about ex dean's career and the allegations he faces Author: Sarah Lehr (Lansing State Journal) Published: 10:28 March 29, 2018 Updated: 10:28 March 29, 2018 1 look back the rare February 2024 tornado \uf110 00:00 / 00:00 \uf026 \uf064 \uf04b x 2/27/25, 7:19 Who is William Strampel? Facts about ex dean's career and the allegations he faces | wzzm13.com 1/5 Strampel, 70, was dean at Michigan State University's College of Osteopathic Medicine until hestepped down from his administrative role and went on medical leave in December 2017. Strampel faces several charges related to his oversight of Nassar's conduct. Nassar, 54, will spend the rest of his life in prison after pleading guilty to possessing child pornography and to sexually assaulting patients under the guise of medical treatment. Other charges against Strampel relate to allegations that Strampel sexually harassed or assaulted medical students. More: Court records: Former dean William Strampel sexually harassed students, had pornography on university computer Dean William Strampel, Larry Nassar's former boss, steps down for medical reasons Timeline: Michigan State and its handling of sexual assault cases What is Strampel accused of? Four women told Michigan Attorney General's Office investigators that Strampel groped them, made sexual remarks and appeared to pressure them for sexual acts in exchange for favorable treatment, court records say. Strampel denies the allegations. Investigators say Strampel had pornographic images of women on his work computer, some of which appeared to be \"selfies\" taken by students. Special Prosecutor William Forsyth has also charged Strampel with willful neglect of duty, related to his failure to follow-up to enforce protocols after a university Title investigation. That investigation cleared Nassar of sexual misconduct, but Strampel and Nassar then agreed on protocols to be put in place once Nassar returned to clinical duties. Strampel's attorney has said it was the responsibility of the Title investigator, not Strampel, to ensure compliance with those protocols. Related let Larry Nassar see patients for 16 months during criminal sex assault investigation The Lansing State Journal reported in December that let Nassar see patients for 16 months after Nassar was cleared by Title investigators in 2014 but while he was still under 2/27/25, 7:19 Who is William Strampel? Facts about ex dean's career and the allegations he faces | wzzm13.com 2/5 criminal investigation. More: Timeline: Who is Larry Nassar? Controversial coach timeline of John Geddert's career in gymnastics hid full conclusions of 2014 Nassar report from victim What consequences could Strampel face? Strampel, also the target of numerous pending civil lawsuits related to Nassar's conduct at MSU, faces a maximum five-year prison sentence on a felony misconduct in office charge. He could face up two years on a misdemeanor sexual assault charge and up to one year on each of the two misdemeanor willful neglect of duty charges. Strampel also could lose his medical license. Forsyth has asked regulators to review Strampel's certification. When Strampel took medical leave to step down from his deanship in December, he retained a position on the university's faculty. That may change, however Interim President John Engler announced in February he was taking steps to fire Strampel by revoking his tenure. The university's Office of Institutional Equity has been investigating Strampel since December spokeswoman Emily Guerrant said. That investigation includes Strampel's potential Title violations. Related: People called Lou Anna Simon one of MSU's best presidents. Then came Larry Nassar Putnam: Charges against Nassar's boss paint MSU's culture as creepy What is Strampel's background? Strampel became dean of the College of Osteopathic Medicine in 2002 after former dean Allen Jacobs died hired Strampel in 1998 as a senior associate dean and professor, according to Strampel's personnel file. 2/27/25, 7:19 Who is William Strampel? Facts about ex dean's career and the allegations he faces | wzzm13.com 3/5 Before that, Strampel worked as a special assistant for operations and readiness to the U.S. Surgeon General, according to a 2002 news release. He held a variety of positions with the U.S. Army, including commander of the Brooke Army Medical Center and Great Plains Regional Medical Command, the news release states. Strampel earned a bachelor's degree from Hope College in 1970 and a D.O. from the Chicago College of Osteopathic Medicine in 1976. Strampel's current salary is $412,000, according to information provided by the university. More: How Larry Nassar abused hundreds of gymnasts and eluded justice for decades Larry Nassar and a career filled with \u2018silenced\u2019 voices Full coverage: Larry Nassar Contact Sarah Lehr at (517) 377-1056 or [email protected]. Follow her on Twitter @SarahGLehr. Matt Mencarini contributed reporting. Follow him on Twitter @MattMencarini. War Thunder | Sponsored Play War Thunder now for free Play Now SearchPad | Sponsored Book Your Low Priced Cruise (See Offers) Crossout | Sponsored Crossout: New Apocalyptic Play Now 2/27/25, 7:19 Who is William Strampel? Facts about ex dean's career and the allegations he faces | wzzm13.com 4/5 War Thunder | Sponsored Join new Free to Play War Thunder Play Now Crossout | Sponsored Crossout 2.0: Supercharged Play Now Solar Panel | Search Ads | Sponsored Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More reviewing possible changes to overtime rules. First downs to be measured electronically 'Gossip Girl' and 'Buffy' actress Michelle Trachtenberg dead at 39 ARTICLE... 2/27/25, 7:19 Who is William Strampel? Facts about ex dean's career and the allegations he faces | wzzm13.com 5/5", "7439_106.pdf": "Former Michigan State dean William Strampel arrested for sexual misconduct He is being arraigned on Tuesday afternoon. By James Dator Mar 27, 2018, 2:28pm If you buy something from an Nation link, Vox Media may earn a commission. See our ethics statement. Photo by Scott Olson/Getty Images 2/27/25, 7:19 Larry Nassar\u2019s former Michigan State boss arrested for sexual misconduct - SBNation.com 1/3 James Dator has been covering a wide range of sports for Nation for over a decade, with a special focus on the NFL. More revelations of misconduct within Michigan State University have come to light. William Derkey Strampel was arrested Monday night for felony misconduct in office and fourth-degree criminal sexual conduct, along with two counts of willful neglect of duty. The former dean of the College of Osteopathic Medicine oversaw the clinic of Larry Nassar, who was imprisoned in February on three counts of criminal sexual misconduct in a trial where over 100 survivors came forward to tell their stories. Affidavits read in court Tuesday allege Strampel groped two female students, made inappropriate sexual comments towards others, and was found to have pornographic images on his computer of what prosecutors said appeared to be Michigan State University students. The women who came forward as part of the charges stated they did not issue complaints at the time the incidents took place for fear of reprisal. One woman who was allegedly groped in 2010 said she \u201cdid not want to be thrown out of medical school\u201d for reporting the incident. The court affidavit also stated a video was found on Strampel\u2019s computer of Nassar performing one of his \u201ctreatments,\u201d on a young female patient \u2014 a term Nassar used to cover his sexual abuse of patients in his care. Strampel\u2019s charges stem from an investigation which began in January into abuse inside Michigan State, and the school\u2019s subsequent attempts to defend Nassar. Strampel stepped down from the school in December citing \u201cmedical reasons,\u201d and in February interim Michigan State University president John Engler fired the dean and revoked his tenure. The former dean was a key player in Michigan State\u2019s Title investigation into Nassar when Amanda Thomashow, then a student at the university, filed a complaint for sexual abuse. Court documents indicate Strampel remained in contact and provided updates to Nassar during the investigation, and despite putting in place protocols for Nassar to follow \u2014 they were never enforced by Strampel. Strampel is expected to be arraigned on the charges in East Lansing court Tuesday afternoon. 2/27/25, 7:19 Larry Nassar\u2019s former Michigan State boss arrested for sexual misconduct - SBNation.com 2/3 Sign up for the Nation Daily Roundup newsletter daily roundup of all your sports news from Nation Email (required) By submitting your email, you agree to our Terms and Privacy Notice. You can opt out at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply 2/27/25, 7:19 Larry Nassar\u2019s former Michigan State boss arrested for sexual misconduct - SBNation.com 3/3", "7439_107.pdf": "MSU.edu > Issues and Statements > Statement on arrest of former Dean Strampel (March 27, 2018) Statement on arrest of former Dean Strampel (March 27, 2018) One of the first actions took upon my appointment as interim president of Michigan State University in early February was to pursue revocation of tenure and removal of former Dean William Strampel. As explained then, it was plainly evident he had not acted with the level of professionalism expected of an employee, particularly one holding an office that involves student and patient safety will continue to cooperate with all official investigations related to sexual assault or other misconduct. But we have and will do more. With our action to revoke tenure, we are sending an unmistakable message that employees who do not treat students, faculty, or anyone else appropriately are subject to administrative discipline up to and including firing. Allegations about Strampel\u2019s own behavior as well as lack of attention to the conduct of Larry Nassar now have resulted in criminal charges against him from the Michigan Attorney General. Some of the allegations about his personal conduct, especially conduct toward students, are disturbing. Today\u2019s charges confirm our belief that he has fallen short of what is expected and required from academic leadership. They are not in alignment with this university\u2019s values and they never have been. His failings are unacceptable and that is why our work to change procedures, strengthen accountability and prevent sexual misconduct is so important. While the crimes of one doctor and the misconduct of his dean do not represent our university, they do demand the scrutiny of everyone in order to assure individuals like these can never be in a position again to harm others. -John Engler Interim President to index Find people Maps Email Student information system D2L Tech support misconduct hotline Social media directory Events calendar Police Olin Health Center Counseling and Psychiatric Services Health4U Health Care Inc. Civil Rights and Title Our Commitment The Center for Survivors Annual Safety Report University Policy on Relationship Violence Disability resources Supportive services Learning resources Human Resources login Job postings \uf0c9 2/27/25, 7:19 Statement on arrest of former Dean Strampel (March 27, 2018) | Michigan State University 1/2 For media and Sexual Misconduct Notice of Nondiscrimination, Anti- Harassment and Non-Retaliation Health Care Notice of Nondiscrimination Employee Assistance Program Act Funding Student achievement and outcomes Contact us (517) 355-1855 Address Michigan State University 426 Auditorium Road East Lansing 48824 Issues & Statements If you're having accessibility issues, please let us know. \uf39e \uf099 \uf16d \uf08c \uf167 \uf97b Contact Information | Site Map | Privacy Statement | Site Accessibility Call MSU: (517) 355-1855 | Visit: msu.edu is an affirmative-action, equal-opportunity employer. | Notice of Nondiscrimination WILL. | \u00a9 Michigan State University \uf0c9 2/27/25, 7:19 Statement on arrest of former Dean Strampel (March 27, 2018) | Michigan State University 2/2", "7439_108.pdf": "From Casetext: Smarter Legal Research People v. Strampel Jan 14, 2021 No. 350527 (Mich. Ct. App. Jan. 14, 2021) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 350527 01-14-2021 MICHIGAN, Plaintiff-Appellee, v STRAMPEL, Defendant-Appellant CURIAM. If this opinion indicates that it is PUBLICATION,\" it is subject to revision until final publication in the Michigan Appeals Reports Ingham Circuit Court Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 1/12 No. 18-000479 Before: GADOLA, P.J., and and CURIAM. Defendant appeals as of right his conviction after a jury trial of misconduct in office by a public official 750.505. Defendant was sentenced to serve 11 months incarceration. We affirm. 1 1 Defendant also was convicted of two counts of willful neglect of duty by a public officer 750.478, for failing to properly oversee doctor Larry Nassar, then under defendant's authority at the COM, and for permitting Nassar to return to work before completion of the Title investigation of an allegation that Nassar engaged in sexual misconduct. Defendant does not challenge those convictions on appeal This case arises from allegations that defendant used his position as dean of Michigan State University's College of Osteopathic Medicine (COM) to sexually exploit female students. At the preliminary examination, the prosecution presented witnesses who were either current or former students at the COM. Each of these witnesses testified that while at the she found herself facing an academic problem or deficiency that could derail her progress; to address the problem or deficiency, each met privately with defendant to discuss her situation. Each witness testified that defendant made inappropriate sexual comments during the meeting, and several testified that *2 they understood defendant's comments to be an offer of a quid pro quo of granting the student the requested academic relief in exchange for sexual favors. 2 Specifically, LJ, a student at the beginning in 2015, testified that she met with defendant in June 2017 because she had not received the necessary grade on a test to qualify for a national board certification exam. According to LJ, at the outset of the meeting defendant immediately denied her request, then told her that he knew of women her age who \"put out\" for older men and received gifts such as money, travel, and jewelry. According to LJ, defendant also brought up the topic of sending nude photos electronically testified that defendant also stated that he thought she had danced on tables at an East Lansing nightclub. 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 2/12 AF, a third-year student, testified that she met with defendant in his office to request a waiver to take an examination. According to AF, defendant immediately denied her request for a waiver, then told her about a female medical student who had been charged with drunken driving, and that it was rumored that the reason the student was not expelled was that she \"gave him a blow job.\" According to AF, after telling this story defendant asked her \"what do you think about that?\" After expressed her confusion, defendant clarified that he meant that he had ended that student's career for spreading the rumor, but then said, \"You'd be surprised what people would be willing to do put in stressful situations.\" In September 2017 again met with defendant to request special consideration to begin her clinical rotation as a third-year student while preparing to take a certification examination. Defendant agreed to have begin her clinical rotations if she agreed to withdraw from the if she failed the examination; according to AF, defendant told her, \"If you do not pass, worse comes to worse, . . . we'll see what kind of mood I'm in on that day testified that she was a student at the in 2013-2014, during which time she met with defendant to discuss an incident involving a male student that occurred during her surgical clinical rotation testified that when she arrived at defendant's office he told her to turn around twice slowly so that he could look at her, then stated, \"What do need to do to teach you how to be submissive and subordinate to men testified that defendant warned her that he could destroy her career further testified that in June 2014, while attending a dinner in honor of students who had received scholarships, defendant grabbed her buttocks as she posed for a photograph with the donor of the scholarship and defendant. After a preliminary examination, the district court bound defendant over to the trial court on one count of misconduct in office by a public official 750.505, two counts of willful neglect of duty 750.478, and second- degree criminal sexual conduct 750.520c. Before the trial court, defendant moved to quash the bindover on the charge of misconduct in office by a public official, contending that under the test set forth in People v Freedland, 308 Mich 449, 457-458; 14 NW2d 62 (1944), and People v Coutu, 459 Mich 348; 589 NW2d 458 (1999), as dean of the he was not a public officer and, therefore, not subject to the crime of misconduct in office. The 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 3/12 trial court denied defendant's motion to quash the bindover, finding that defendant was a public officer under the test set forth in Freedland and that the district court therefore did not abuse its discretion by binding defendant over on the charges. At trial, the prosecution presented additional testimony, including that of two female undergraduate students who testified that defendant suggested they participate at the as *3 clinical skills models. The position entailed the student permitting medical students to perform examinations as part of the medical students' training, including breast exams and pelvic exams. Typically, clinical skills models were required to participate in a standardized vetting process through the university, including informed consent, interviews, and payment of the student through the university. Defendant, however, recruited the two students personally without the students being vetted and hired through the university. One of the students testified that defendant performed a breast exam and pelvic exam on her privately in an examination room, then paid her with cash from his wallet. The other student testified that she participated in about 10 examinations, some of which were conducted by defendant and the others conducted by medical students. After the examinations, defendant paid her in cash and often took her out for dinner and alcoholic drinks. The student testified that during one such dinner, defendant told her that recently he had permitted the medical students to examine her because it gave him an erection when he examined her himself. On one occasion, defendant invited her to watch while he volunteered to be the male clinical model, which entailed him undergoing an extensive examination by one of his students while unclothed. 3 At the conclusion of trial, the jury found defendant guilty of misconduct in office by a public official 750.505, and two counts of willful neglect of duty 750.478. The jury acquitted defendant of the charge of second- degree CSC. Defendant now appeals, challenging only his conviction of misconduct in office by a public official Defendant contends that, as the dean of the COM, he was not a public officer and therefore could not be convicted of misconduct in office. 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 4/12 *4 Defendant argues that the trial court erred by determining that he was a public officer, and therefore abused its discretion by failing to quash the district court's bindover on the charge of misconduct in office. We disagree We review de novo whether defendant was a public officer, which is a question of law. See People v Bruce, 504 Mich 555, 562; 939 NW2d 188 (2019) (opinion by CAVANAGH, J.). The interpretation and application of statutes also are questions of law that we review de novo. Id reviewing court will not disturb a district court's bindover decision absent an abuse of the district court's discretion. People v Anderson, 501 Mich 175, 182; 912 NW2d 503 (2018). Similarly, we review a trial court's decision regarding a motion to quash an information for an abuse of discretion. People v Zitka, 325 Mich App 38, 43; 922 NW2d 696 (2018 trial court necessarily abuses its discretion when it makes an error of law.\" People v Franklin, 500 Mich 92, 100; 894 NW2d 561 (2017) (quotation marks and citation omitted). To the extent that a trial court's decision on a motion to quash an information is based on an interpretation of the law, our review is de novo. Zitka, 325 Mich App at 44 Defendant was convicted of misconduct in office under 750.505, which provides: Any person who shall commit any indictable offense at the common law, for the punishment of which no provision is expressly made by any statute of this state, 4 shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by a fine of not more than $10,000.00, or both in the discretion of the court. The offense of misconduct in office is a common-law crime, and is defined as \"corrupt behavior by an officer in the exercise of the duties of his office or while acting under color of his office.\" People v Waterstone, 296 Mich App 121, 133; 818 NW2d 432 (2012) (quotation marks and citations omitted). At common law, a public officer could be convicted of misconduct in office \"(1) 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 5/12 for committing any act which is itself wrongful, malfeasance, (2) for committing a lawful act in a wrongful manner, misfeasance, or (3) for failing to perform any act that the duties of the office require of the officer, nonfeasance.\" People v Perkins, 468 Mich 448, 456; 662 NW2d 727 (2003). When the acts alleged \"demonstrate a tainted or perverse use of the powers and privileges granted to the officer,\" the allegations are sufficient to support a charge of misconduct in office. People v Milton, 257 Mich App 467, 471; 668 NW2d 387 (2003). To prove the offense of misconduct in office, the prosecution must demonstrate that (1) the defendant was a public officer, (2) the misconduct occurred in the defendant's exercise of the duties of the public office or under color of office, and (3) the misconduct constitutes corrupt behavior. Id. Here, defendant challenges only the first element, arguing that as the dean of the he was not a public officer. In Freedland, our Supreme Court identified five \"indispensable\" elements to demonstrate a \"public office of a civil nature.\" Bisio v City of Village of Clarkston, ___ Mich ___, ___; ___ NW2d ___ (2020); slip op at 7 n 9. Those elements are: (1) It must be created by the Constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature; (2) it must possess a delegation of a portion of the sovereign power of government, to be exercised for the benefit of the public; (3) the powers conferred, and the duties to be discharged, must be defined, directly or impliedly, by the legislature or through legislative authority; (4) the duties must be performed independently and without control of a superior power other than the law, unless they be those of an inferior or subordinate office, created or authorized by the legislature, and by it placed under the general control of a superior officer or body; (5) it must have some permanency and continuity, and not be only temporary or occasional. [Freedland, 308 Mich at 457-458 (quotation marks and citation omitted).] 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 6/12 In Bruce, our Supreme Court observed that in its earlier opinion in Freedland, the Court quoted these five factors, but also noted other considerations, thereby suggesting that the five factors are not the exclusive considerations for determining a public officer. See Bruce, 504 Mich at 564, citing Freedland, 308 Mich at 457-458. Specifically, our Supreme Court in Freedland stated that oath and bond requirements are also considerations when determining whether a defendant is a public officer. Freedland, 308 Mich at 458. The Court in Bruce explained that the factors identified in Freedland, although sometimes referred to as \"indispensable,\" have not been applied by that Court as essential elements, each one of which is individually necessary to establish that a defendant was a public officer. Bruce, 504 Mich at 564 n 3. The Court in Bruce acknowledged that after Freedland, the Court in Coutu carried over the phrase \"five indispensable *5 elements,\" from the discussion in Freedland, but observed, \"that is not how the test was applied\" in Freedland. Id. Instead, the Court in Freedland treated the factors as considerations, but not essential elements of a test. Id. 5 However, although the Court in Bruce suggested that the Freedland factors were not elements of a test, each of which must be established to prove that a defendant is a public officer, but rather factors to be considered, the Court in Bruce did not specifically resolve that question. Rather, the Court in Bruce determined that because in that case all five factors had been met, resolution of the question in that case was unnecessary. Id. Here, defendant contends that all five factors stated in Freedland must be met to support the conclusion that he was a public officer, and that in this case the prosecution failed to establish the first and fourth factors set forth in Freedland. As in Bruce, however, we need not resolve in this case whether establishing fewer than all of the Freedland factors will suffice to demonstrate that defendant was a public officer because consideration of all five factors supports the conclusion that defendant was, in fact, a public officer. See Bruce, 504 Mich at 654 n 3. Briefly stated, we conclude that (1) the Legislature created the office of dean of the COM, (2) the office was delegated a portion of the sovereign power of the government, (3) the powers and duties of the office are defined through legislative authority, (4) the office exercises duties under the general control of the board of trustees of MSU, and (5) the office has permanency and continuity. 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 7/12 To elaborate, the first factor provides that a public office \"must be created by the Constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature 390.661 is part of 1969 162, which established a state school of osteopathic medicine 390.661 provides school of osteopathic medicine is established and shall be located as determined by the state board of education at an existing campus of a state university with an existing school or college of medicine. The school must be headed by an osteopathic physician serving as the dean of the school of osteopathic medicine. The dean shall be responsible for the development and maintenance of the school in osteopathic medicine. The school shall be maintained by the state and its facilities shall be made equally available and on the same basis to all qualified residents of this state. Clinical services in osteopathy shall be given chiefly in affiliated osteopathic hospitals. The conduct of the affairs of the school shall be vested in the board of control of the institution of higher education to which the school is assigned. Thus, in addition to establishing a school of osteopathic medicine 390.661 also provides that the school must be headed by an osteopathic physician serving as the dean of the school and that the dean shall be responsible for the development and maintenance of the school. The statute also vests the board of control of the institution of higher education to which the school is assigned with the conduct of the affairs of the school 390.661. Defendant argues that 390.661 did not create the position of dean, and instead only imposed a credentialing requirement, specifically, that the dean be an osteopathic physician. Defendant contends that the position of dean of the school instead was created by the various *6 boards, bylaws, and offices within Michigan State University (MSU). Our primary task when interpreting a statute is to discern and give effect to the intent of the Legislature. People v Peltola, 489 Mich 174, 181; 803 NW2d 140 (2011). In doing so, we first consider the language of the statue; if it is unambiguous, we conclude that the Legislature intended the clearly expressed meaning 6 2 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 8/12 and enforce the statute as written. Id. The use of the term \"shall\" in statutory language specifies a mandatory directive, Ellison v Dep't of State, 320 Mich App 169, 180; 906 NW2d 221 (2017), as does the term \"must.\" Vyletel-Rivard v Rivard, 286 Mich App 13, 25; 777 NW2d 722 (2009). 2 Defendant's counsel at oral argument contended that because the university possessed independent authority to create a along with the position of dean of such a college under its general grant of constitutional autonomy, Const 1963, art 8, \u00a7 5, the position defendant occupied was not created under a grant of legislative authority. This ignores the fact that the Legislature statutorily authorized the and created the position of dean, neither of which existed before the statutory enactment, and that was awarded the college under that legislative authorization. By enacting 390.661, the Legislature created both the school of osteopathic medicine and the dean of the school; the unambiguous language of the statute explicitly provides for the creation of a school of osteopathic medicine to be maintained by the state, and explicitly requires that the school be headed by a dean who is an osteopathic physician. The unambiguous language of the statute further explicitly provides the dean with specific responsibility for the development and maintenance of the school of osteopathic medicine and vests the conduct of the affairs of the school of osteopathic medicine in the board of control of the university to which the school of osteopathic medicine is assigned. Because the statute unambiguously created the position of dean of the COM, this factor was established. Defendant does not contest that the second factor, that the position has been delegated a portion of the sovereign power of government to be exercised for the benefit of the public, was demonstrated 390.616 broadly charges the dean of the to maintain the school for the benefit of the public, making it available to the qualified residents of this state. To accomplish this, the statute directs the dean of the school to develop and maintain the school 390.616. The second factor therefore was established. Defendant also does not contest the third factor, that the powers and duties assigned to the office be defined, either directly or impliedly, by the 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 9/12 legislature or through legislative authority. Because 390.661 broadly provides that \"the dean shall be responsible for the development and maintenance of the school in osteopathic medicine,\" this factor also was established. Defendant challenges the fourth factor, which provides that \"the duties must be performed independently and without control of a superior power other than the law, unless they be those of an inferior or subordinate office, created or authorized by the legislature, and by it placed under the general control of a superior officer or body.\" Although defendant agrees that the position of dean of the is under the general control of MSU's board of trustees, he argues that the duties *7 of the dean are not those of a subordinate office created by the Legislature and placed under the control of the board of trustees. 7 390.661 created the office of the dean and provides that \"[t]he conduct of the affairs of the school [of osteopathic medicine] shall be vested in the board of control of the institution of higher education to which the school [of osteopathic medicine] is assigned.\" The position of dean of the is therefore an inferior or subordinate office placed under the general control of a superior officer or body, being the Board of Trustees. As the trial court observed: [W]hile the Defendant focuses on the first part of that element, and has spent much of the briefing showing how the Dean is actually not a position that's performed independently and without control of a superior power, the Defendant ignores the second part of the element which is that it may also be satisfied if the individual assuming the duties of an inferior or subordinate office is placed under the general control of a superior officer or a body. So, under this alternative portion of that element the Coutu court, the Michigan Supreme Court, ruled that deputy sheriffs were public officials because their positions were both authorized by statute, and the positions were inferior or subordinate to the sheriff. Here the Dean of the College of Osteopathic Medicine is a position . . . authorized by statute 390.661 and it is, per the Defendant's 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 10/12 own argument, placed under the general control of a superior body, that superior body being the Board of Trustees. So, specifically under 390.661 the Dean is responsible for the development and maintenance of the College of Osteopathic Medicine and under that statute the conduct of the affairs of the College of Osteopathic Medicine is vested in the Board of Trustees. As the trial court reasoned, similar to the position of deputy sheriff, which our Supreme Court observed was authorized by the Legislature as an inferior office of the sheriff, Coutu, 459 Mich at 355, the position of dean of the COM, whose duty it is to develop and maintain the school, is legislatively authorized as an inferior office to the board of trustees. Accordingly, the fourth factor was established. 3 3 In Coutu, the Court reasoned that although deputy sheriffs do not operate without a superior control other than the law, they are under the control of the sheriff, a \"superior officer.\" Coutu, 459 Mich at 355. Defendant does not contest the fifth factor, that the office have permanency and continuity 390.661 mandates the office of dean of the COM, and there is no suggestion that the office is other than permanent and continuous. Accordingly, the fifth factor is established. \"The idea that people who wield the power of the state are required to do so responsibly is not new.\" Bruce, 504 Mich at 563. Here, defendant, in the position of dean of the COM, was a public officer for purposes of the charge of misconduct in office. The trial court therefore correctly *8 determined that the district court did not abuse its discretion by binding defendant over to the trial court based upon that determination of law. 8 Affirmed. /s/ Michael F. Gadola /s/ Stephen L. Borrello /s/ Michael J. Kelly 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 11/12 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:19 People v. Strampel, No. 350527 | Casetext Search + Citator 12/12"} |
8,416 | Dominic Caserta | Foothill-De Anza Community College | [
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] | {"8416_101.pdf": "By The Fly 9 Personnel Probe Casts Doubt on Dominic Caserta\u2019s Credibility / August 8, 2019 Well, there you have it. (Illustration by Kathy Manlapaz) (/#facebook) (/#x) (/#email) ( casts-doubt-on-dominic-casertas- credibility%2F&title=Personnel%20Probe%20Casts%20Doubt%20on%20Dominic%20Caserta%E2%80%99s%20Credibility) It took more than a year, but Foothill College\u2019s independent review of allegations that Dominic Caserta sexually harassed one of his students has finally come to a close. And the findings don\u2019t look good for the disgraced ( poli-sci professor and former Santa Clara councilman, whose campaign for higher office was derailed last year by the same young woman who filed the complaint at Foothill. An investigation summary dated July 22 and signed by a three-member personnel panel deemed the accuser, 21-year-old German exchange student Lydia Jungkind, more credible than the accused. \u201cMost compellingly, her accounts were largely corroborated by documentary evidence including contemporaneous text messages between Ms. Jungkind and other[s] regarding the alleged incidents.\u201d Caserta, apparently, was less convincing. \u201cOn the other hand, the witness and documentary evidence tended to refute several of Mr. Caserta\u2019s material representations, including his \u2018exoneration\u2019 of wrongdoing following a prior allegation of sexual harassment, statements from witnesses that directly contradict Mr. Caserta\u2019s statements, and his apparent misrepresentation to a De Anza College administrator that he had been \u2018cleared\u2019 to return to teaching (when in fact he had not),\u201d the ruling reads. San Jose Inside ( 1/2 To add insult to Caserta\u2019s self-inflicted injury, a key witness he handpicked to help his case wound up making things worse by contradicting his version of events. Ultimately, the panel convened by the Foothill-De Anza College District upheld six findings of misconduct by Caserta, including that he showered Jungkind with comments about how \u201chot\u201d and \u201csexy\u201d she is, thrust his crotch against her butt and, in multiple instances, couldn\u2019t seem to keep his grubby paws off his then-19-year-old pupil and part-time campaign aide. The may have cited a lack of evidence when it declined to prosecute Caserta for sexual battery last year, but at least, for Jungkind\u2019s sake, accountability has come in other forms. Source: Foothill College (/#facebook) (/#x) (/#email) ( casts-doubt-on-dominic-casertas- credibility%2F&title=Personnel%20Probe%20Casts%20Doubt%20on%20Dominic%20Caserta%E2%80%99s%20Credibility) Send a tip to The Fly (/contact/) The Fly is the valley\u2019s longest running political column, written by Metro Silicon Valley staff, to provide a behind-the-scenes look at local politics. Fly accepts anonymous tips. 2/2", "8416_102.pdf": "By By | | [email protected] [email protected] | Bay Area News Group | Bay Area News Group UPDATED: UPDATED: February 21, 2022 at 6:21 February 21, 2022 at 6:21 Dominic Caserta, on April 10, 2018 during his interview with the Bay Area News Group\u2019s opinion & editorial Dominic Caserta, on April 10, 2018 during his interview with the Bay Area News Group\u2019s opinion & editorial board. (Michael Malone/Bay Area News Group) board. (Michael Malone/Bay Area News Group) Former Santa Clara City Councilman Dominic Caserta has been charged with forgery and Former Santa Clara City Councilman Dominic Caserta has been charged with forgery and falsifying financial statements on a loan application, and a warrant has been issued for his falsifying financial statements on a loan application, and a warrant has been issued for his arrest, authorities said. arrest, authorities said Ex-Santa Clara Councilman Dominic Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying Caserta charged with forgery, falsifying financial statements financial statements Caserta resigned from the council in 2018 over allegations Caserta resigned from the council in 2018 over allegations of sexual harassment of sexual harassment \u2022 \u2022 News News 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 1/21 Caserta, who Caserta, who resigned from the council resigned from the council in 2018 after allegations of sexual harassment came to in 2018 after allegations of sexual harassment came to light, forged six Foothill-De Anza Community College paystubs from July 31 to Oct 31, 2021 light, forged six Foothill-De Anza Community College paystubs from July 31 to Oct 31, 2021 while trying to obtain a loan for $690,000 from Finance of America Mortgage, according to while trying to obtain a loan for $690,000 from Finance of America Mortgage, according to court documents. court documents. He is also accused of submitting a false employment verification form for 2021 to the lender, He is also accused of submitting a false employment verification form for 2021 to the lender, declaring his salary for the year as a part-time instructor as $81,141.89 and forging the declaring his salary for the year as a part-time instructor as $81,141.89 and forging the signature of a district employee, authorities said. signature of a district employee, authorities said. Caserta has not worked for the college since 2019. He now teaches political science at San Caserta has not worked for the college since 2019. He now teaches political science at San Francisco State University. Francisco State University. The Santa Clara County District Attorney\u2019s Office filed the two felony charges last month. The The Santa Clara County District Attorney\u2019s Office filed the two felony charges last month. The $30,000 warrant for his arrest was issued this week, and Santa Clara County Supervising $30,000 warrant for his arrest was issued this week, and Santa Clara County Supervising Deputy District Attorney Steven Dal Porto said he expected Caserta to surrender. Deputy District Attorney Steven Dal Porto said he expected Caserta to surrender. Caserta could not be reached for comment, but when investigators contacted him in Caserta could not be reached for comment, but when investigators contacted him in November, they said he \u201cdenied speaking to anyone from Finance of America and reiterated November, they said he \u201cdenied speaking to anyone from Finance of America and reiterated that he had not filled out any Verification of Employment forms.\u201d Investigators also said that he had not filled out any Verification of Employment forms.\u201d Investigators also said he \u201cimmediately became defensive\u201d and hung up the phone the first time they called, according he \u201cimmediately became defensive\u201d and hung up the phone the first time they called, according to court documents. to court documents. Judy Miner, the chancellor at Foothill-De Anza Community College, could not be reached for Judy Miner, the chancellor at Foothill-De Anza Community College, could not be reached for comment, but in an email appended to charging documents, called Caserta\u2019s behavior comment, but in an email appended to charging documents, called Caserta\u2019s behavior \u201coutrageous.\u201d \u201coutrageous.\u201d \u201cWe need to take action against Caserta to enjoin him from any more fraudulent behavior that \u201cWe need to take action against Caserta to enjoin him from any more fraudulent behavior that wastes everyone\u2019s time,\u201d Miner wrote. wastes everyone\u2019s time,\u201d Miner wrote. Caserta was first elected to the council in 2002 and re-elected again in 2006 and 2014. During Caserta was first elected to the council in 2002 and re-elected again in 2006 and 2014. During his bid for Santa Clara Supervisor in 2018, a his bid for Santa Clara Supervisor in 2018, a campaign staffer campaign staffer accused him of making unwanted accused him of making unwanted sexual advances. sexual advances. Read More Read More 00:00 00:00 02:00 02:00 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 2/21 \ue905 \ue905 The district attorney\u2019s office ultimately The district attorney\u2019s office ultimately declined filing charges declined filing charges against Caserta for his alleged against Caserta for his alleged sexual misconduct, citing insufficient evidence. sexual misconduct, citing insufficient evidence. Originally Published: Originally Published: February 18, 2022 at 12:12 February 18, 2022 at 12:12 leaked personnel file also showed that students had made multiple allegations of sexual leaked personnel file also showed that students had made multiple allegations of sexual harassment against the former Santa Clara High School civics teacher dating back to 2002. In harassment against the former Santa Clara High School civics teacher dating back to 2002. In 2019, Caserta 2019, Caserta sued the school district sued the school district for leaking the file to district employees. The case is still for leaking the file to district employees. The case is still ongoing. ongoing. During his tenure on the council, Caserta often clashed with Mayor Lisa Gillmor \u2014 especially on During his tenure on the council, Caserta often clashed with Mayor Lisa Gillmor \u2014 especially on matters involving the 49ers and Levi\u2019s Stadium. The ex-councilman was vocal about his matters involving the 49ers and Levi\u2019s Stadium. The ex-councilman was vocal about his opposition to the stadium curfew. He was also the only council member to vote against the opposition to the stadium curfew. He was also the only council member to vote against the hiring of City Manager Deanna Santana, citing the size of her compensation package. hiring of City Manager Deanna Santana, citing the size of her compensation package. This is a developing story. Check back for updates. This is a developing story. Check back for updates. Around the Web Around the Web An Advanced Research Tool An Advanced Research Tool Ethereal Search Engine Ethereal Search Engine Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 3/21 Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home How Long Does $1 Million Last After How Long Does $1 Million Last After 60? 60? The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 4/21 How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? Access Low-interest Funds Access Low-interest Funds for Home Renovations for Home Renovations 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 5/21 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today Find Local and Heating Repair Find Local and Heating Repair Services Services Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 6/21 Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! 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Access Low-interest Funds Access Low-interest Funds for Home Renovations for Home Renovations The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 10/21 Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 11/21 Should You Buy an Electric Car? Should You Buy an Electric Car? 9 Kinds of Ancestors You Could Find 9 Kinds of Ancestors You Could Find on Your Family Tree on Your Family Tree Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game Find Local and Heating Repair Find Local and Heating Repair Services Services 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 12/21 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 13/21 Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue How Long Does $1 Million Last After How Long Does $1 Million Last After 60? 60? What You Need to Know About Car What You Need to Know About Car Loans Loans 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 14/21 Unbox a Monthly Surprise of Fun for Unbox a Monthly Surprise of Fun for You and Your Pup! You and Your Pup! Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 15/21 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today Tired of Cleaning out Your Gutters? Tired of Cleaning out Your Gutters? Get a Quote Today! Get a Quote Today! Access Low-interest Funds Access Low-interest Funds for Home Renovations for Home Renovations The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 16/21 Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 17/21 Should You Buy an Electric Car? Should You Buy an Electric Car? 9 Kinds of Ancestors You Could Find 9 Kinds of Ancestors You Could Find on Your Family Tree on Your Family Tree Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game Find Local and Heating Repair Find Local and Heating Repair Services Services 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 18/21 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 19/21 Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue How Long Does $1 Million Last After How Long Does $1 Million Last After 60? 60? What You Need to Know About Car What You Need to Know About Car Loans Loans 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 20/21 2022 2022 \ue907 \ue907February February \ue907 \ue90718 18 Unbox a Monthly Surprise of Fun for Unbox a Monthly Surprise of Fun for You and Your Pup! You and Your Pup! Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home 2/27/25, 7:22 Ex-Santa Clara Councilman Dominic Caserta charged with forgery, falsifying financial statements \u2013 East Bay Times 21/21", "8416_103.pdf": "Santa Clara News Online News in and around Santa Clara \uf419Menu Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 1/8 By Robert Haugh Yesterday, we made an error. We reported that Foothill College finished its investigation of disgraced former Councilman Dominic Caserta in 2 months. We misread a date. It took them 14 months. Whoops. But it\u2019s still impressive that they completed an investigation. And they interviewed Caserta. Those are two things that the Santa Clara Unified School District still hasn\u2019t done. We got a lot of emails and some good comments yesterday. So we thought it would be good to post the whole report. It\u2019s been redacted by Foothill College. But it has a lot of detail about how the panel came to its conclusions about Caserta\u2019s sexual harassment. So, here it is: 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 2/8 Published by rhaugh2154 Father, writer/editor/journalist (santaclaranews.org), wrestling promoter ( motorsports marketing, 2q37 rare disease advocate! View all posts by rhaugh2154 Previous \uf432 Next \uf432 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 3/8 2 comments Leave a Reply Search \u2026 Foothill College Completed Dominic Caserta Sexual Harassment Investigation In Two Months; Santa Clara Unified Still Hasn\u2019t AWARDS: Foothill College and Santa Clara News Online (Ouch) Dorothy Rosa 12, 2019 5:09 It\u2019s about time give the City credit for telling it like it is . What is the high school waiting for Loading... Ivy 12, 2019 8:54 Thanks for sharing. But it\u2019s hard to read this report on your site. Can you make it a or something Loading... 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 4/8 Recent Comments Burt Field on 49ers Want Santa Clara to Fund\u2026 mrhmyers on 49ers Want Santa Clara to Fund on 49ers Want Santa Clara to Fund\u2026 Matt Dillon on 49ers Want Santa Clara to Fund\u2026 Matt Dillon on Santa Clara City Councilmember\u2026 City Hall Whistleblo\u2026 on Santa Clara City Councilmember\u2026 mrhmyers on Santa Clara City Councilmember\u2026 Matt Dillon on Santa Clara City Councilmember\u2026 Observation on Santa Clara City Councilmember\u2026 Petey on Santa Clara City Councilmember\u2026 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 5/8 Subscribe via Email Enter your email address to subscribe to Santa Clara News Online and receive notifications of new posts by email. Email Address Subscribe FaceBook 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 6/8 Recent Comments Burt Field on 49ers Want Santa Clara to Fund\u2026 mrhmyers on 49ers Want Santa Clara to Fund on 49ers Want Santa Clara to Fund\u2026 Matt Dillon on 49ers Want Santa Clara to Fund\u2026 Santa Clara News 7 hours ago Santa Clara High School Our Boys Soccer team is headed to the 801 followers \u00b7 8h Santa Clara News Santa Clara News 1,326 followers 1,326 followers Follow Page 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 7/8 Matt Dillon on Santa Clara City Councilmember\u2026 City Hall Whistleblo\u2026 on Santa Clara City Councilmember\u2026 mrhmyers on Santa Clara City Councilmember\u2026 Matt Dillon on Santa Clara City Councilmember\u2026 Observation on Santa Clara City Councilmember\u2026 Petey on Santa Clara City Councilmember\u2026 Top Posts & Pages Santa Clara City Councilmember Kevin Park Reports No Income and No Assets 49ers Want Santa Clara to Fund Their New Office Space City Council Preview: Stadium Operating Budget Study Session & More Prosecutors: Convicted Felon and Former Santa Clara Vice Mayor Anthony Becker Isn\u2019t Sorry REPORT: 49ers Exploring Selling Stake Worth Nearly $1 Billion Powered by WordPress.com. 2/27/25, 7:21 Here\u2019s the Foothill College Investigative Report on Dominic Caserta\u2019s Sexual Harassment, and a Correction \u2013 Santa Clara News O\u2026 8/8", "8416_104.pdf": "Santa Clara Councilman Dominic Caserta Accused of Sexual Misconduct By Robert Handa \u2022 Published May 10, 2018 \u2022 Updated on May 11, 2018 at 6:33 am woman is going public with accusations of sexual misconduct against a South Bay political leader who is seeking an even higher office woman is going public with accusations of sexual misconduct against a South Bay political leader who is seeking an even higher office. Robert Handa reports. Watch 24/7 Gene Hackman Agave Sports Bar Santana Row stabbing death Caltrain delay\u2026 2/27/25, 7:21 Santa Clara Councilman Dominic Caserta Accused of Sexual Misconduct Bay Area 1/5 Santa Clara City Councilman and teacher Dominic Caserta has been losing key endorsements in his bid for county supervisor because of sexual harassment allegations. When Caserta spoke to Bay Area on Wednesday, he said he felt he had been cleared of allegations made by students and a campaign worker. On Thursday, that campaign worker told Bay Area a very different version of their relationship. \"His touching was not appropriate,\" said Lydia Jungkind, who was a political science student of Caserta at Foothill College before joining his supervisor campaign as a volunteer last fall. Jungkind quit soon after, claiming Caserta sexually harassed her constantly. \"He was touching my legs, my thighs, my hips,\" Jungkind said. \"He was kissing me on the cheek. He made inappropriate sexual comments.\" Local Trump plans tariffs on Mexico and Canada, while doubling existing 10% tariffs on China 2 2/27/25, 7:21 Santa Clara Councilman Dominic Caserta Accused of Sexual Misconduct Bay Area 2/5 Nearly 90 arrested, narcotics seized during sweep at San Francisco park Late Wednesday, Jungkind filed a complaint with Santa Clara police about Caserta. \"We live in 2018 and can't believe there are still guys like him around that think they can get away with anything,\" Jungkind said Bay Area has learned there have been multiple calls to police about Caserta since the city on Wednesday encouraged possible victims to come forward. Santa Clara Mayor Lisa Gillmor has set up a Tuesday public hearing about Caserta's future, which could end that night lot of members of the community believe that Councilman Caserta should resign,\" Gillmor said. Caserta declined to address Thursday's allegations directly, but maintains his innocence have done nothing wrong, and do apologize if someone perceived that have,\" Caserta previously told Bay Area. This article tagged under: 3 Play Now Play War Thunder now for free Play Now Crossout: New Apocalyptic 2/27/25, 7:21 Santa Clara Councilman Dominic Caserta Accused of Sexual Misconduct Bay Area 3/5 Weather Forecast 76\u00b0 Partly Cloudy 0% Precip 49 76 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Play Now Join new Free to Play War Thunder Play Now Crossout 2.0: Supercharged Access all channels anywhere, anytime 2/27/25, 7:21 Santa Clara Councilman Dominic Caserta Accused of Sexual Misconduct Bay Area 4/5 Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/27/25, 7:21 Santa Clara Councilman Dominic Caserta Accused of Sexual Misconduct Bay Area 5/5", "8416_105.pdf": "Manage Cookie Consent We use cookies to optimize our website and our service. Accept Foothill-De Anza instructor Dominic Caserta on paid leave Santa Clara Unified School District updates on the investigation of the part time Foothill-De Anza instructor Ethan Bennett, Staff Reporter May 21, 2018 Amidst allegations of sexual harassment, former Santa Clara councilman Dominic Caserta is on paid leave from his post as part-time faculty at Foothill and De Anza colleges, pending further investigation. After a Santa Clara Unified School District warning notice was made public, students from his political science class at Foothill filed reports with Santa Clara Police Department concerning sexual misconduct and inappropriate behavior towards several female volunteers for Caserta\u2019s campaign for Santa Clara County Supervisor. One of Caserta\u2019s students, Lydia Jungkind, filed a reports stating she was locked inside her instructor\u2019s car as he touched her inappropriately outside of his Santa Clara home. The German international student volunteered for Caserta\u2019s campaign as an unofficial requirement to pass his class. Manage Cookie Consent We use cookies to optimize our website and our service total of nine reports have been made with accusing Caserta of sexual misconduct involving volunteers in his campaign, including witness statements from other students and his former campaign manager, Ian Crueldad. \u201cI\u2019ve seen him touch volunteers on the side, or where their stomachs are, give volunteers massages, touching them on the shoulders, kisses on the cheek; I\u2019ve seen him do a lot of things like that,\u201d Crueldad told Foothill\u2019s newspaper, The Script. Caserta stepped down as Santa Clara councilman on May 14 and announced the decision to suspend his campaign indefinitely. President of Foothill College Thuy Thi Nguyen released a statement saying the college has \u201calready taken immediate and appropriate steps to respond to the allegations.\u201d The investigation is confidential, following state policies and procedures. Nguyen encouraged other students to come forward with complaints and file them directly to the police or campus services. Currently, Dominic Caserta is on paid leave pending the outcome of the investigation, according to Santa Clara Unified School District. Leave a Comment La Voz News \u2022 Copyright 2025 WordPress Theme by \u2022 Log in I\u2019ve seen him touch volunteers on the side, or where their stomachs are, give volunteers massages, touching them on the shoulders, kisses on the cheek; I\u2019ve seen him do a lot of things like that \u2014 Ian Crueldad, former campaign manager \u201c Manage Cookie Consent We use cookies to optimize our website and our service.", "8416_106.pdf": "The Foothill Script \u2022 May 10, 2018 \u2022 member-dominic-caserta-accused-of-sexual-harassment/ Instructor and Council Member Dominic Caserta Accused of Sexual Harassment Liza Turchinsky and Devaki Dikshit \u201cHe told me he could barely resist the urge to kiss me\u2026and that was when his intentions really hit me hard. The doors were locked, and was trapped in the car with him was paralyzed in that moment, and really thought, what should do if he actually, you know didn\u2019t have any control over the situation.\u201d In the fall quarter of 2017, Lydia Jungkind, 19, walked into Dominic Caserta\u2019s Foothill College classroom for what she expected to be the first step in attaining her dream degree in political science from an American college. Seven months later, the German international student found herself locked in the instructor\u2019s car as he allegedly touched her outside of his Santa Clara home. \u201cThere were definitely some red flags,\u201d she recounted. \u201cHe used to call me \u2018Ms. Germany\u2019 when he couldn\u2019t remember my name. Even when he could, he still called me that.\u201d When questioned about other episodes of name-calling in the classroom, Jungkind recalled that there were \u201ca lot of girls in that class\u201d and that he \u201chad the habit of rather talking to their boobs than to their eyes.\u201d Engaging with Caserta, even outside of class hours, was an unofficial requirement to pass his class. The political science instructor, Santa Clara City Council member, and 2018 candidate for Santa Clara County Supervisor required his students to fulfill 15 civic engagement volunteer hours by working for his campaign, which was pre-approved and accessible for his students, or finding an alternative on their own. Jungkind, eager to pursue her dream of working in politics, toiled away for long hours at the council member\u2019s campaign headquarters which was located in his family\u2019s living room. \u201cWhen he was there was there,\u201d she stated. \u201cAnd when he wasn\u2019t there was still there.\u201d The student described an incident when Caserta called her over to speak to him after their last class meeting. She said that he hugged her tightly, and asked her to continue working with him on his campaign as field director. Jungkind was excited by the opportunity for an official role on a political campaign, despite what she describes as escalating harassment from her teacher and now, employer just laughed it off at the time only recently realized the extent of what he did\u2026the line between what\u2019s appropriate and not appropriate is very thin, but Dominic Caserta crossed that line by many miles with me,\u201d she alleged. Dominic Caserta for Supervisor Campaign Caserta is pictured inside his campaign headquarters, his personal living room, with student volunteers told him no, stop!\u201d the 19-year-old recalled. But Caserta would not listen. The instructor often engaged in unwanted physical contact with female volunteers and pushed back if they told him to stop, according to multiple sources. Jungkind, well aware of the harassment directed towards her throughout the campaign, was driven to continue working partly due to Caserta\u2019s promises. \u201cHe basically told me on multiple occasions that he would write me a glowing recommendation letter to anybody\u2026With this student visa, after you complete your , you can work a year in a job that has to do with your major. In order to get a job like that, being part of a successful campaign would have been good for me.\u201d Multiple people interviewed for this story said Caserta\u2019s actions were not isolated incidents. Eyewitnesses also revealed that Caserta allegedly acted inappropriately with multiple volunteers on his campaign and students while in their presence. According to Ian Crueldad, Caserta\u2019s former campaign manager, most of the victims were \u201cyoung, female college students.\u201d Crueldad witnessed multiple acts of harassment \u2014 behavior that eventually drove him to leave the campaign. \u201cI\u2019ve seen him touch volunteers on the side, or where their stomachs are, give volunteers massages, touching them on the shoulders, kisses on the cheek; I\u2019ve seen him do a lot of things like that,\u201d he recalled. After a draft of his resignation letter citing inappropriate office behavior was leaked to the media, Crueldad alleged that Caserta called him three times, threatening to \u201ccome after him.\u201d Caserta was observed making sexual or flirtatious advances on Jungkind by two witnesses also volunteering for the campaign. Crueldad described the environment as \u201cunsafe and uncomfortable,\u201d stating that Caserta frequently discussed and commented on the breasts and bodies of young, female college students with him and male volunteers. \u201cEvery time he would call me in his office he would just be in a towel, or he\u2019d be lying down taking rest with no shirt on. He would walk around in the hallways\u2026just in a towel,\u201d Crueldad continued. Jungkid also claimed that Caserta frequently called her into his bedroom while he lay shirtless and covered only by a bath towel. Ayush Ullal, a student at De Anza College and Caserta campaign volunteer, also witnessed Caserta calling Jungkind into his bedroom: \u201cHe was hitting on her; he was trying to flirt with her\u2026He shouldn\u2019t be around college kids.\u201d Lydia Jungkind poses for a portrait at Foothill College. | Kathy Honcharuk Allegations against Caserta have been reported since 2002, when a Santa Clara Unified School District and Santa Clara Police investigation found that there was \u201csufficient evidence to determine the impact of [his] comments and actions have created a hostile workplace environment for our students in violation of District Policy 4321 May 8 press release from the Caserta campaign, however, stated that the independent reports and allegations made against the council member throughout his teaching tenure at Santa Clara High School \u201care simply false and made up unequivocally deny these allegations\u2026They were investigated thoroughly by the [Santa Clara School District] district and was exonerated,\u201d it continued. The campaign office has not responded to a request for comment on allegations from Foothill College students at the time of writing. The victim said she had filed a police report with the Santa Clara Police Department. Sean Bogle, dean of student affairs at Foothill College, explained that jurisdiction over accusations against faculty is \u201chandled outside of [his] realm of responsibility.\u201d \u201cThat being said, any student who may have experienced sexual violence or have been a victim of that stand ready to support that student and any other student who may have a concern like this,\u201d he concluded. Vanessa Smith, publications, publicity and editorial coordinator, as well as interim director of marketing and public relations, declined to comment on the allegations at the time of this report. Dean of Political Science, Kurt Heug, along with Foothill\u2019s Title investigator, Laureen Balducci, also declined to comment. The Script has not confirmed any active investigation around Caserta\u2019s actions at either Foothill, De Anza College, or any other institution think looks should not matter in education,\u201d Jungkind said. \u201cGender should not matter in education. Your weight, your looks, it shouldn\u2019t matter. Teachers should treat each student equally.\u201d It\u2019s the type of education Foothill and every other academic institution strives to offer \u2014 an environment Jungkind felt she was nevertheless deprived of. Update total of four people have filed reports with the Santa Clara Police Department accusing Caserta of sexual harassment on May 11. Do you have a confidential news tip? The Script would like to hear from readers who want to share their stories with our journalists. Email us at [email protected]. San Jose Inside Texts Jungkind sent to a friend earlier this year after Caserta allegedly touched her inappropriately in his car."} |
7,511 | Roy Flores | Pima Community College | [
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] | {"7511_101.pdf": "74\u00b0 Tucson 3 Weather Alerts In Effect \uf00d \uf0c9 Weather News Sports \uf002 Pima College settled sexual harassment claim Published: Nov. 29, 2012 at 10:06 | Updated: Dec. 6, 2012 at 10:06 2/27/25, 7:24 Pima College settled sexual harassment claim 1/6 (Tucson News Now) - Pima Community College settled a sexual harassment lawsuit against its former Chancellor, Roy Flores News 13 got word of that Wednesday. We also learned this week that an education watchdog group will conduct a fact-finding investigation on such allegations and other alleged issues at the college. The Higher Learning Commission also is looking into allegations of retaliation against employees, and claims the governing board and some senior administrators did not handle allegations properly. This investigation is significant because this is the group that accredits colleges, and the is looking to see if is worthy of continued accreditation. The will send investigators to the college early next year Governing Board Chairman Scott Stewart says there were eight sexual harassment complaints made this year by current and former employees, but all allegedly occurred years ago. He says the statute of limitations ran out on seven of them, but the college settled with an eighth alleged victim. Stewart referred further questions about this case to the board's lawyer. We are waiting for details from the attorney. We asked Stewart why all the allegations were not investigated. \"There were anonymous letters indicating non-specific inappropriate conduct, the kind of thing that's impossible to investigate. We referred those to our board attorney, and he agreed that there was nothing that could be done without something specific and people going on the record,\" Stewart told us. The former chancellor, Flores, has denied wrongdoing. \uf057 2/27/25, 7:24 Pima College settled sexual harassment claim 2/6 He cited health reasons when he retired earlier this year. We are attempting to contact him. Stewart says he agrees there are what he calls weaknesses at the college, including how contracts have been awarded, but he says they are being addressed. Stewart says he welcomes an independent outside investigation, and expects the college to be cleared. However, he says he is very concerned about the college's reputation. Stewart says he's worried about the impact on its reputation among students, parents and taxpayers, and especially now that it is searching for a new chancellor. \"I'm worried about that it will take longer to get someone on board, that ... the environment that we're in right now will potentially chase away good candidates who want to continue making improvements in education. That's my number one concern,\" Stewart says. The has the power to require monitoring of the college if it finds anything inappropriate. Stewart says the problems at the college do not, \"rise to the level where you withdraw accreditation don't think they even come close to that.\" Copyright 2012 Tucson News Now. All rights reserved. SearchPad | Sponsored Techno Mag | Sponsored Book Your Low Priced Cruise (See Offers) Access all channels anywhere, anytime \uf057 2/27/25, 7:24 Pima College settled sexual harassment claim 3/6 Most Read Pfizer | Sponsored The rise of health misinformation is a growing global crisis. Here's how advocates are fighting it Learn More Solar Panel | Search Ads | Sponsored Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More Amusement Park Equipment | search ads | Sponsored The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Laser Cutting Machines | Search Ads | Sponsored Now Is The Perfect Time To Get An Affordable Laser Cutting Machine Learn More \uf144 DOCUMENTS: Father of toddler shot, killed in South Tucson kept loaded firearms around house \uf144 Hi Fi latest business in downtown Tucson to close its doors \uf057 2/27/25, 7:24 Pima College settled sexual harassment claim 4/6 \uf144 Tucson shooting suspect already wanted for assault on deputies Investigation launched after video from Pima County bathroom goes viral \uf144 Man hit, killed in Tucson Wednesday morning identified \uf144 UPDATE: Victim suffered gunshot wounds near Park, Valencia in Tucson \uf144 Death investigation caused road closure in the Foothills \uf144 Food economic expert weighs in as two Tucson businesses close on same weekend \uf057 News Weather Sports Contact Us 7831 N. Business Park Drive 2/27/25, 7:24 Pima College settled sexual harassment claim 5/6 Public Inspection File Report [email protected] - 520-744-1313 Public Inspection File Public Inspection File Report Applications Applications Hearing Terms of Service Privacy Policy Advertising Digital Marketing Closed Captioning/Audio Description At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Community Schedule 13 Cares For Health Coronavirus Tucson 85743 (520) 744-1313 2/27/25, 7:24 Pima College settled sexual harassment claim 6/6", "7511_102.pdf": "Advertise with us Report ad By The Associated Press | Posted - Aug. 17, 2014 at 1:41 p.m. Leer en espa\u00f1ol Estimated read time: 2-3 minutes This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story. TUCSON, Ariz. (AP) \u2014 Several sexual harassment victims of a former Pima Community College chancellor will not get financial compensation because they didn't file charges in time, school officials said. The college recently reached an undisclosed financial settlement with one of eight women who accused former Chancellor Roy Flores of harassment, the Arizona Daily Star reported ( ) last week. However, the school has no plans to give any monetary redress to victims who kept quiet. Jeff Silvyn, an attorney for the college, said giving money to victims who didn't file timely claims is equivalent to an illegal \"gift of public funds\" as defined under state law. No aid for Pima College harassment victims U.S. Home 0 \uea8c \ue700 \ue600 \ue954 \ue901 Save Story News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 1/7 Advertise with us Report ad According to federal law, workplace harassment claims must be filed within 300 days. Only two victims filed complaints within the statute of limitation. Liz Watson, an attorney with the National Women's Law Center, a Washington, D.C.-based advocacy group, called the college's decision \"unprecedented School officials previously acknowledged that harassment did occur and told accreditors it would help the victims. An investigation by PCC's accreditor found the school's Governing Board failed to look into anonymous complaints about Flores. In 2012, the school settled with one of the women for $30,000. This latest settlement calls for the college to publicly acknowledge what occurred and praise victims for coming forward. Chancellor Lee Lambert jointly wrote a statement Aug. 7 with the victim who requested it critical chapter of the college's past occurred when eight women employed by the college had the courage to come forward and report sexual harassment and retaliation by the former chancellor,\" the statement said. The allegations against Flores included calling a victim while naked in his bathtub and trying to force a victim onto a hotel bed during an out-of-town conference. Flores quit shortly after a 2012 internal investigation found the victims' claims \"largely credible.\" However, he cited his health for the reason behind his departure. Jacquelyn Jackson, a victim who agreed to be publicly identified and a former school administrator, said the college isn't living up to past reassurances of help. News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 2/7 U.S. The Associated Press \"After everything that went on, some of us are walking away with nothing, paying for our own therapy bills, working at other jobs that pay half of what we made,\" Jackson said. ___ Information from: Arizona Daily Star, Copyright \u00a9 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Most recent U.S. stories will spend up to $1B to combat bird flu secretary says Scare tactics or real threat? As Republicans hunt for spending cuts, Medicaid recipients worry economic growth slows in fourth quarter Related topics 0 Pending Comments 0 News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 3/7 Scare tactics or real threat? As Republicans hunt for spending cuts, Medicaid recipients worry Church says court ruling against Huntsman was a sign of its integrity in use of tithing donations How a love of baking and an Instagram post sparked the popular bakery Dough Lady More stories you may be interested in Advertise with us Report ad 1. Tax troubles coming for IRAs and 401Ks over $200,000 2. Gene Hackman, wife Betsy Arakawa and their dog were dead for some time, warrant shows 3 Texas child who was not vaccinated has died of measles, a first for the in a decade 4. 15-year-old critically injured in West Jordan shooting 5. The Trump administration sets the stage for large-scale federal worker layoffs in a new memo 6. As a former Utes defensive end faces death, he shares his story of living life to the fullest News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 4/7 7. 4 charged in Utah child-kidnapping investigation that sparked Amber Alert 8. Layoffs, the federal government and impacts on Utah 9. Parents of teen killed by police describe angst of being lied to by group home 10. Junior high teacher arrested, accused of sexually abusing young student Get informative articles and interesting stories delivered to your inbox weekly. Subscribe to the KSL.com Trending 5. Enter your email Sign Me Up By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy. News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 5/7 Advertise with us Report ad Hey check out these offers News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 6/7 \uea8c \ue700 \uea92 \ue900 \uea9d \ue903 \uea93 Mobile Apps | Newsletter | Advertise | Contact Us | Careers with KSL.com | Product Updates Terms of use | Privacy Statement Notice | Manage My Cookies Public File Report Public File Radio Public File Radio Public File | Closed Captioning Assistance \u00a9 2025 KSL.com Broadcasting Salt Lake City | Site hosted & managed by Deseret Digital Media - a Deseret Media Company News Sports Beyond Series Brandview Radio Obituaries 47 2/27/25, 7:24 No aid for Pima College harassment victims | KSL.com 7/7", "7511_103.pdf": "No aid for Pima College sexual harassment victims Associated Press Published 8:41 a.m Aug. 17, 2014 \u2014 Pima Community College officials say not every sexual harassment victim of a former school chancellor will get financial compensation because they didn't file charges in time. The Arizona Daily Star reports the college recently reached an undisclosed financial settlement with one of eight women who accused former Chancellor Roy Flores of harassment. College attorney Jeff Silvyn says giving money to victims who didn't file timely claims is equivalent to an illegal gift of public funds. School officials previously acknowledged that harassment did occur and told accreditors it would help the victims. According to federal law, workplace harassment claims must be filed within 300 days. Only two victims filed complaints within the statute of limitation. Flores quit shortly after a 2012 internal investigation found the victims' claims credible. ___ Information from: Arizona Daily Star, 2/27/25, 7:24 No aid for Pima College sexual harassment victims 1/1", "7511_104.pdf": "\ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks Examine the challenges in delivering equitable education across Pima's diverse learning environments 23, 2025 1 Share \ud83d\udd1f years ago, Pima Community College was in big trouble \ud83d\udea8 and might have closed because they had a lot of problems, like leaders being unfair \u274c and not following rules. But now, they've worked hard to fix these problems \ud83d\udd27 so students can have good and fair teaching \ud83d\udcda no matter where they learn. The college still has some things to fix, like making sure all classes are taught well \ud83d\udc69\u200d\ud83c\udfeb and getting good teachers, but they are on the right path. \ud83c\udf1f \ud83d\udd04 Transformation Journey: Pima Community College has moved from probation in 2013 to a path of resilience and accountability by 2025. \u274c Past Failures: The college once faced severe issues, including corruption, ethical breaches, and mishandling of serious allegations 1 \ud83d\ude3d Keepin\u2019 It Simple Summary for Younger Readers \ud83d\udc67\ud83c\udffe\u270a\ud83c\udffe\ud83d\udc66\ud83c\udffe \ud83d\udddd\ufe0f Takeaways 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 1/8 \ud83c\udfeb Educational Reach: Serving students across various locations, Pima struggles with curriculum quality and consistency. \ud83d\udc69\u200d\ud83c\udfeb Staffing Problems: Finding qualified instructors for diverse sites remains a significant challenge. \ud83d\udcc8 Data Utilization: Despite being data-rich, Pima is working to convert data into actionable insights for student success. \ud83d\udcb8 Financial Burden: Compliance comes with significant costs, impacting the college's budget. \ud83d\udd0d Commitment to Improvement: The institution aims to enhance communication, accountability, and consistency. \ud83e\udd1d Community Engagement: The report encourages community involvement to ensure transparency and equity. To understand the significance of the 2025 Higher Learning Commission (HLC) report, one must first look back to 2013\u2014a pivotal year when Pima Community College was placed on probation, facing a crisis that threatened its very existence. The accreditation challenges revealed deep-seated institutional problems that would require a fundamental reimagining of the college's governance and culture. In April 2013, the Higher Learning Commission delivered a scathing critique that shook the institution to its core. The probation was not just a bureaucratic slap on the wrist, Inside Pima Community College's Report at the February 2025 Meeting Pima County Community College District Final Report (1) 840KB file Download Download Study Session Accreditation Presentation Feb 17 2025 (1) 315KB file Download Download From Probation to Progress Decade of Transformation Discover more from Three Sonorans News from the Borderlands Uplifting the Latino voices of Southern Arizona with a special f on education \ud83e\uddd1\ud83c\udffd\u200d\ud83c\udfeb, social justice \u270a\ud83c\udffd, and indigenous issues college math \ud83d\udd23 instructor, turned aspiring author \u270d\ud83c\udffd after sur cancer \ud83d\ude4f\ud83c\udffd Type your email... By subscribing agree to Substack's Terms of Use, and acknowledge its Information Collection Notice and Privacy Policy. Continue reading Sign in Subscribe 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 2/8 but an indictment of systemic failures that included: Corrupt contracting practices Mishandling of sexual harassment allegations toxic leadership culture characterized by \"fear and retribution\" Ethical breaches at the highest levels of administration The investigation centered on several key issues, most notably the resignation of Chancellor Roy Flores after eight women accused him of sexual harassment dating back to 2003. The governing board\u2014including members Brenda Even, Scott Stewart, David Longoria, and Marty Cortez\u2014was heavily criticized for its leadership failures. At the time, the stakes were existential. While students' immediate academic futures were not in jeopardy, the college faced the very real possibility of losing its accreditation if it failed to address the systemic issues identified by the HLC. Fast forward to 2025, and the current report represents a remarkable journey of institutional transformation. What was once a story of institutional failure has become a narrative of resilience, accountability, and committed change. When Chancellor Jeff Nasse addressed the Governing Board, his words carried the weight of this hard-fought journey: \"We just need to ensure that we're offering a class at whatever high school that is at the same quality, we're giving college credit.\" This simple statement is a testament to the college's arduous path from potential closure to renewed institutional integrity. In the complex world of higher education, accreditation is more than just a rubber stamp of approval\u2014it's a critical mechanism that ensures students receive quality education. The 2025 report for Pima Community College is not just another bureaucratic document; it's a revealing X-ray of the institution's educational ecosystem, exposing both its strengths and the critical fissures that still need attention. For the average student, parent, or community member, this report might seem like dense technical jargon. But at its core, it's a story about fairness, consistency, and the fundamental promise of education: that every student, regardless of where they learn, deserves an exceptional educational experience. Pima Community College operates an extensive and diverse network of educational sites: The Landscape of Learning: Pima's Educational Reach 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 3/8 28 total approved locations 15 dual enrollment high school sites 3 prison education programs Multiple community training centers Specialized training facilities Imagine a student taking a course at a high school campus, another at a community center, and a third at the main college campus. Should their educational experience be any different? The says absolutely not\u2014and herein lies the problem. Melissa Stoddart, Director of Additional Location Compliance, provided crucial context: \"An additional location is where we're offering credit courses and we're exceeding more than 50% of a degree certificate or other recognized educational credential. This can be a facility that the institution does not own\u2014an office building, a high school, or a campus on another institution.\" Wendy Weeks, the Accreditation Liaison Officer, outlined the primary concern: \"We want to make sure we are offering our curriculum and programs with quality wherever we offer them\u2014whether at additional locations, dual enrollment high schools, in classrooms, online, or in hybrid formats.\" The learning management system (D2L) exemplifies these challenges. While it should be a uniform platform connecting students and faculty across all locations, the discovered that many sites were not fully utilizing this critical tool. This isn't just a technical issue\u2014it means students at different locations might have dramatically different access to course materials, communication with instructors, and learning resources. Understanding Additional Locations Key Areas of Concern: What the Discovered Curriculum Quality Challenges The Staffing and Qualification Dilemma 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 4/8 Emily Halverson-Otz, Acting Vice Provost of Academic Access, highlighted a critical issue: \"One of the most significant challenges to our dual enrollment sites is finding qualified instructors that meet our minimum criteria for certification.\" This challenge reveals deeper systemic problems: Limitations in finding qualified instructors Variations in teaching standards across locations Potential compromise of educational quality She elaborated that staffing limitations often dictate what courses can be offered, creating a ripple effect of educational inequity. Vanessa Arellano, Director of Provost's Office Initiatives, was candid about the institution's data challenges: \"We have plenty of data. We are, in fact, data-rich. What we need to do is really come up with a plan to analyze the data and also be able to utilize that data to create a meaningful impact when it comes to student learning.\" The most striking revelation came from Halverson-Otz: \"We've had students who actually earned a degree or certificate, but because they were not in a program of study, they didn't actually earn it.\" This single statement illustrates how administrative complexities can directly undermine student achievements. The compliance challenges come with significant financial considerations: Approximately $50,000 to manage each additional location Annual billing for location maintenance Roughly $15,000 per site visit every four years The Data Challenge: From Information to Impact Real-World Consequences Financial Implications and Institutional Costs 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 5/8 Melissa Stoddart was transparent about these realities: \"Anytime we file for an additional location, we pay money. We are billed yearly to maintain that additional location.\" Chancellor Nasse acknowledged the challenges: \"Some of this is a large college serving across the county in different spaces. That's where some of that consistency and accountability has broken down.\" Enhanced communication Increased accountability Consistent implementation Data-driven decision making Attend Governing Board meetings Request detailed compliance reports Support student advocacy initiatives Demand transparency in educational processes 1. How can we ensure educational equity across different learning locations? 2. What mechanisms can we develop to more effectively track and support student success? \"We are working to bridge silos, improve communication, ensure accountability, and maintain consistency across all our educational locations.\" - Emily Halverson- Otz The Path Forward: Institutional Commitment The institution's proposed strategic focus includes: Community Call to Action How can you get involved? Questions for Community Reflection Final Thoughts Disclaimer 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 6/8 This analysis is based on the February 17, 2025 Pima Community College Governing Board Study Session meeting and report. Leave your thoughts, experiences, and insights in the comments below. About the Analysis Prepared by a local education watchdog committed to institutional transparency and student success. Three Sonorans is reader-supported. Become a free subscriber or buy us a cup of coffee (aka a \u201ctip\u201d if you liked this article) by becoming a paid subscriber today! 1 Like \u22191 Restack Discussion about this post Message Three Sonorans Type your email... Subscribe Previous Next Comments Restacks 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 7/8 Write a comment... \u00a9 2025 Three Sonorans \u2219 Privacy \u2219 Terms \u2219 Collection notice Substack is the home for great culture 2/27/25, 7:24 \ud83d\udd0d Pima Community College's Report: Uncovering the Compliance Cracks 8/8", "7511_105.pdf": "Sexual harassment claimant files suit against Pima Community College Carol Ann Alaimo Mar 30, 2016 former Pima Community College administrator who received a sexual harassment settlement in 2012 has filed a civil rights lawsuit claiming she was ousted in retaliation two years later. Imelda Cuyugan, one of eight female employees who accused former chancellor Roy Flores of harassment, now is suing current chancellor Lee Lambert. Cuyugan filed the federal case last year after refused her attorney\u2019s offer to settle out of court for $2.8 million, court records show. The college denies wrongdoing. Both parties have requested a jury trial, expected to start this fall. 2/27/25, 7:24 Sexual harassment claimant files suit against Pima Community College 1/5 1 2 3 4 Under the terms of Cuyugan\u2019s 2012 harassment settlement, she received $30,000 and was named assistant vice chancellor for state government relations, a job she said Flores forced her out of after she spurned his sexual advances. The Sonny Angel effect: the blind bag cherub figurines fly off the shelves at these Tucson stores of deletes 'committed to diversity, inclusion' statement pulls out 96-95 win over Arizona Wildcats in controversial ending at McKale Center Saguaro to close visitor centers on Mondays as national park cuts hit home Cuyugan said Flores propositioned her repeatedly on out-of-town business trips between 2007 and 2011. Flores retired in 2012, ostensibly for health reasons, but PCC\u2019s accreditor later found his departure was precipitated by the multiple harassment claims against him. In 2014, Lambert eliminated Cuyugan\u2019s $137,000 position. Cuyugan claims he did so in retaliation for her having pursued the harassment claim. PCC, in response, said Cuyugan\u2019s work wasn\u2019t up to par and said the college had \u201ca legitimate, nondiscriminatory reason for taking the employment action it took spokesman Paul Schwalbach said college officials are confident evidence will show that Cuyugan\u2019s latest allegations \u201care without merit.\u201d Cuyugan\u2019s lawyer, Ivelisse Bonilla of Tucson, expressed equal confidence that a jury would find at fault. Cuyugan\u2019s case marks the second time within a year that the college has faced a federal civil rights suit from a former assistant vice chancellor. People are also reading\u2026 2/27/25, 7:24 Sexual harassment claimant files suit against Pima Community College 2/5 In the first case, Leticia Menchaca, assistant vice chancellor for student development, claimed she was terminated in 2014 because she was of Mexican origin and opposed discrimination settled out of court with Menchaca in November spokeswoman Libby Howell wouldn\u2019t immediately release the financial terms of the deal in response to a recent request from the Arizona Daily Star. Howell said the college needs to check with Menchaca before disclosing the dollar amount because signed a confidentiality agreement with her as part of the settlement. Roy Flores 2/27/25, 7:24 Sexual harassment claimant files suit against Pima Community College 3/5 Contact Carol Ann Alaimo at [email protected] or 573-4138. Sell Your Items - Free to List Visit Full Marketplace Set of 2 360 Video Games $12 E. | sellwild.com Apple AirPods max $280 K. | sellwild.com Paris Sport Club Women's Long $30 E. | sellwild.com California Design Women's Blue $30 E. | sellwild.com Akademiks Mens Sz Short sleeve $18 E. | sellwild.com Women's casual blue dress size $94 T. | sellwild.com Mattel Super Hero Girls Super $12 B. | sellwild.com 2022 Genesis G70 $35,489 A. | sellwild.com Powered by By Carol Ann Alaimo Reporter Lee Lambert Submitted Marketplace 2/27/25, 7:24 Sexual harassment claimant files suit against Pima Community College 4/5 2/27/25, 7:24 Sexual harassment claimant files suit against Pima Community College 5/5"} |
7,901 | Charles Rosen | West Virginia University | [
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] | {"7901_101.pdf": "\ue902 Email This (mailto:?subject=Lawsuits Against Neurosurgery Chief at Settled for $1.3M&body=Lawsuits Against Neurosurgery Chief at Settled for $1.3M%0Ahttps%3A%2F%2F \ue90a Subscribe to Newsletter (/subscribe/) Lawsuits Against Neurosurgery Chief at Settled for $1.3M August 21, 2015 (mailto:? subject=Lawsuits Against Neurosurgery Chief at Settled for $1.3M&body=Lawsuits Against Neurosurgery Chief at ( u= ( original_referer=h ( offsite/? url=https:// (http prin Article ( 1 Comment ( comments) Three West Virginia University entities agreed to pay a total of $1.3 million to settle sexual harassment lawsuits against the school\u2019s neurosurgery chairman. Settlement documents obtained by The Dominion Post through a Freedom of Information Act request show the Board of Governors, through the West Virginia Board of Risk & Insurance Management, is responsible for $875,000 of the total. (/) Featured Stories Plans to Walk Back Key Planks of Legislation ( Going After \u2018Anti-American Bias\u2019 in the Workplace ( Articles Jobs Markets Search news, trends, videos and more Skip to content News (/news/) Magazines (/magazines/) Jobs (/jobs/) Subscribe (/subscribe/) 2/27/25, 7:25 Lawsuits Against Neurosurgery Chief at Settled for $1.3M 1/3 \ue902 Email This (mailto:?subject=Lawsuits Against Neurosurgery Chief at Settled for $1.3M&body=Lawsuits Against Neurosurgery Chief at Settled for $1.3M%0Ahttps%3A%2F%2F \ue90a Subscribe to Newsletter (/subscribe 2, 2017 10 Categories: Southeast News ( Topics: lawsuit settlement ( sexual harassment lawsuits ( West Virginia University ( Have a hot lead? Email us at [email protected] (mailto:[email protected]) Latest Comments sue says know Dr. Charles Rosen and he would not do those things accused of him. He is a white male and females will pick on them unfairly. He is an excellent surgeon and you better... read m (/news/southeast/2015/08/21/379291.htm?comments#comment-4670000) Add a Comment See All Comments (1) ( More News Settled for $1.3M%0Ahttps%3A%2F%2F Hard-to-place Markets? Find exactly what you need. Search our database of more than 700 companies and 22,000 market listings. Find Markets MyNewMarkets.com University Health Associates, also through the insurance board, is responsible for $287,500 and Hospitals is responsible for $200,000. Former licensed practical nurse Angela Maset, administrative secretary Tiffany Edwards, and former advance practice registered nurse Elizabeth Baldwin filed the lawsuits against Dr. Charles Rosen in 2014. The defendants denied wrongdoing in the settlements. The newspaper says Rosen was suspended for two weeks without pay in 2014. Copyright 2025 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed (/LAWSUITS/) Was this article valuable Interested in Lawsuits? Get automatic alerts for this topic. Enter your email... Submit (mailto:? subject=Lawsuits Against Neurosurgery Chief at Settled for $1.3M&body=Lawsuits Against Neurosurgery ( u= ( original_referer=h ( offsite/? url=https:// (http prin Skip to content 2/27/25, 7:25 Lawsuits Against Neurosurgery Chief at Settled for $1.3M 2/3 \u00a9 2025 by Wells Media Group, Inc. Privacy Policy (/privacy/) | Terms & Conditions (/terms/) | Site Map (/sitemap/) More News Features (/news/feature Chief at Settled for $1.3M%0Ahttps%3A%2F%2F See Today's Top Insurance News ( 2/27/25, 7:25 Lawsuits Against Neurosurgery Chief at Settled for $1.3M 3/3", "7901_102.pdf": "ore in ess Videos: EPLAY: West irginia ress MORGANTOWN, W.Va. \u2014 The settlement amounts in three sexual harassment suits filed against neurosurgery chairman Dr. Charles Rosen Hospitals (WVUH) and the Board of Governors totaled $1,362,500, according to settlement documents provided to TheDPost.com sexual harassment settlements cost $1.3M on August 20, 2015 Newspapers About \uf347 Public Notices and Services Press Videos Foundation \uf347 Events Members \uf347 Newsletter \ue901 2/27/25, 7:25 sexual harassment settlements cost $1.3M - West Virginia Press Association 1/6 ssociation 025 egislative ookahead deos bruary 12, 025 ee the ditorial ward inners om the 024 ress onvention ugust 12, 2024 ee the dvertising wards inners om the 024 ress onvention ugust 12, 2024 TheDPost.com obtained the documents in response to a Freedom of Information Act request filed with BOG, through liability insurance provided by the West Virginia Board of Risk & Insurance Management (BRIM) is responsible for $875,000 of the total\u2026 Comments are closed. Subscribe to Our Newsletter Email * Submit 2/27/25, 7:25 sexual harassment settlements cost $1.3M - West Virginia Press Association 2/6 1. 2. 3. 4. 5. Most Viewed Editorial: Voters have buyer\u2019s remorse and turn back to Trump 6376 views Drug addiction tore doctor\u2019s life apart 5819 views Following arrest, Bob Huggins resigns as basketball coach 5785 views Sample ballots for May 14 primary election now online 5362 views Opinion: As a pediatrician and mom oppose House Bill 5105 4426 views 2/27/25, 7:25 sexual harassment settlements cost $1.3M - West Virginia Press Association 3/6 Menu Recommended freelance and contractual services for the West Virginia newspaper industry Foundation Adam R. Kelly Award and list of honorees Scholarships Trustees Advertising Statewide Advertising Network Political Campaign Advertising Classified Advertising Network This week\u2019s ads Initiatives 2/27/25, 7:25 sexual harassment settlements cost $1.3M - West Virginia Press Association 4/6 About Newspapers Public Notice Employment Sharing Press Insight Videos Advertising Events Contact Members Advertising Initiatives Editorial Initiatives Circulation Initiatives Operations Initiatives Sharing Opinion Public Notice through Legal Advertising Advertising News State news, releases and Information Photos Jobs Legal Ads WVPress 2024 Convention Contact Site developed by PaywallProject.com 2/27/25, 7:25 sexual harassment settlements cost $1.3M - West Virginia Press Association 5/6 Copyright \u00a9 2025 West Virginia Press Association 2/27/25, 7:25 sexual harassment settlements cost $1.3M - West Virginia Press Association 6/6", "7901_103.pdf": "Our Attorneys Will Fight To Protect Your Rights Home \u2192 Employment Law Professor Accused of Sexual Harassment lawsuit filed against West Virginia University claims that the school hasn\u2019t been transparent regarding the investigation of the chairman of Professor Accused of Sexual Harassment On Behalf of Bouchillon Crossan & Colburn, L.C. | May 23, 2014 | Employment Law We Can Help, Call Today 304-512-0232 aMenu \ue090Call For Free Consultation a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 1/7 WVU\u2019s Department of Neurosurgery. The suit started with a claim of harassment and misconduct by Elizabeth Baldwin, a former nurse at Hospitals. Baldwin says after she filed a sexual harassment complaint regarding neurosurgeon and professor Charles Rosen, nothing was done and the school failed to provide her with any information regarding the claim. After Baldwin\u2019s claim was filed, additional employees came forward, saying they had also been targets of sexual harassment by Rosen. Baldwin\u2019s suit says that in August 2013, she was told by the title coordinator that her claims has been substantiated and that disciplinary action should be taken. However, nothing was done. When Baldwin requested the records from the investigation, she was told it would constitute an \u201cunreasonable invasion of privacy.\u201d In the suit, she is demanding the release of the records and information she requested regarding the investigation into Rosen\u2019s conduct. Title is a 1972 federal law prohibiting gender discrimination at schools that receive federal funding. Title coordinators are also available to students and faculty for making reports of sexual harassment, misconduct, or rape. In May 2014, the U.S. Department of Education revealed that 55 investigations had been opened on American colleges and universities regarding their handling of sexual violence, reporting procedures and policies on campus. If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the and in state and union grievance hearings. Call Bouchillon, Crossan & Colburn, L.C. at 304-523-8451 or contact us online to schedule an appointment. Search a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 2/7 Recent Posts Archives Select Month Categories \uf101Why is West Virginia such a dangerous place to drive? \uf1013 things to know about using a plea deal for your criminal case \uf1013 worker actions that could lead to retaliatory firings \uf101Can workers make recordings to prove sexual harassment claims? \uf101Personal profit isn\u2019t necessary for insider trading charges \uf101Business Law (8) \uf101Criminal Defense (18) \uf101Discrimination (4) \uf101Employee Rights (13) \uf101Employment Law (139) \uf101Federal Offenses (1) \uf101Harassment (1) \uf101Hostile Work Environment (1) \uf101Injuries (2) \uf101Insurance Law (9) \uf101Medical Malpractice (24) a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 3/7 Feed Subscribe To This Blog\u2019s Feed \uf101Motor Vehicle Accidents (2) \uf101Personal Injury (70) \uf101Retaliatory Discharge (2) \uf101Sexual Harassment (3) \uf101White Collar Defense (9) \uf101Wrongful Termination (2) a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 4/7 Reach Out Now For Help Reach Out Now For Help Loading Form... 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Our experienced, compassionate lawyers can help you build a strong case starting today. a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 5/7 Contact The Office 731 5th Ave Huntington 25701 Phone: 304-512-0232 \ue093 \ue09d a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 6/7 \u00a9 2025 Bouchillon Crossan & Colburn, L.C. \u2022 All Rights Reserved Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw a 2/27/25, 7:25 Professor Accused of Sexual Harassment | Bouchillon Crossan & Colburn, L.C. 7/7", "7901_104.pdf": "Women Agree to Mediation with West Virginia University Sunday, April, 19, 2015 Three women employed by West Virginia University (WVU) Hospitals in the Department of Neurosurgery have agreed to engage in mediation to attempt to resolve their lawsuit against the university and Dr. Charles Rosen, who they claim discriminated against them by creating a hostile, sexually-charged workplace environment. The women \u2013 Angela Maset (a nurse), Tiffany Edwards (an administrative secretary) and Elizabeth Hunter Baldwin (a nurse practitioner) \u2013 no longer work for the University. They were joined in their sexual harassment suit by Terrence Julien (a professor of neurosurgery), who filed a separate discrimination suit. According to the three women, Dr. Rosen frequently made offensive remarks, jokes, and comments and made unwanted sexual advances in the form of unprofessional flirtations. They also claim they were unlawfully fired as a result of their decision to file a lawsuit. All of these claims are violations of the West Virginia Human Rights Act. The University filed a motion to have the suit dismissed because one of the women was no longer employed by WVU, but the judge in the case denied the motion, citing WVU\u2019s own internal investigation which substantiated many of the women\u2019s claims, and the fact that the women were willing to enter into mediation to settle the matter. There has been some talk of separating Julien\u2019s suit from the others as it is not a sexual harassment suit, but the other plaintiffs asked the judge to postpone that decision until after the mediation, which is scheduled for mid-May Mediation Program to Assist with Quality of Life Issues Monday, September 14, 2020 Muncie Mediation Program Helps Prevent Evictions Monday, September 14, 2020 Salt Lake Protestors See Reduced Charges after Mediation Monday, September 14, 2020 Mediation a Possibility in Scottsdale vs Dispute Monday, September 14, 2020 Other Popular Articles Stay out of court. Find a Mediation Attorney or Mediator Search... 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8,817 | Benjamin Turner | Smithsonian Tropical Research Institute | [
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Better known as STRI, the sprawling complex of labs and dormitories is the Smithsonian Institution\u2019s only facility outside the US. Read More 00:00 03:12 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 3/38 Many researchers who set foot on the island consider the opportunity a dream. But 16 women scientists interviewed for this story described a pattern of sexual misconduct by high-ranking men at the institute, one of whom acknowledged his inappropriate behavior to BuzzFeed News. The women said that struggling to fend off the sexual demands of scientists with the power to determine a young researcher\u2019s career trajectory left them feeling traumatized and isolated. Seven of the scientists said they have stopped visiting the institute or collaborating with its staff on account of the unprofessional behavior they said they experienced or witnessed there, and two have left academia altogether \u2014 a #MeToo brain drain that has cost science an incalculable toll of lost research was spending more and more time figuring out how to navigate the culture there,\u201d said Nina Wurzburger, an associate professor at the University of Georgia who worked at from 2008 to 2012 but said she no longer pursues major research projects there because of the pervasive discrimination and sexual harassment. Internal emails and complaints reviewed by BuzzFeed News, as well as interviews with 25 scientists, show that leaders for years issued little more than verbal warnings or social restrictions to employees accused of sexual misconduct while allowing them to continue interacting with newly arrived young researchers. The institute eventually took additional disciplinary action against two of the accused scientists in 2019 and 2020 third scientist, named in this story, continues to work at STRI. \u201cWe are sorry if anyone has experienced harassment at and are grateful for those who have come forward to tell us of their experiences,\u201d director Joshua Tewksbury said, declining to comment on specific allegations. \u201cWe take this responsibility very seriously and we have clear protocols in place to investigate and address people\u2019s concerns as they arise 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 4/38 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 5/38 Sarah Batterman poses for a portrait in upstate New York in September 2021. Sara Naomi Lewkowicz for BuzzFeed News If you have information relevant to this story or a tip regarding workplace culture, contact [email protected]. As the scientific community grapples with how to address reports of sexual misconduct, it must navigate complicated questions over intellectual property \u2014 the men who stand accused have been involved in decades of crucial research. At least three women mentioned in this story now face the striking predicament of seeing men they say harassed them listed as co-authors on their own career-defining papers and collaborators in their research. Three women said that a man they reported for misconduct withheld data from them in retaliation \u2014 one was later reimbursed for the funding she spent, another is trying to track down missing samples, the third received the data this week after a year-long effort. While has begun the process of separating its legacy from at least one of the men accused of sexual assault by removing his name as co-author from certain projects, there appear to be no clear answers on how to weigh the duty to censure misconduct against the obligation to credit all contributors. \u201cSorting this complexity will not be easy,\u201d Tewksbury said in an email to staff scientists in October. \u201cWe have a responsibility to properly recognize intellectual involvement 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 6/38 The complaints at spanned more than a decade, across the tenures of at least five directors, and include sexual misconduct allegations against three longtime current or former staff scientists. During that time, reports of sexual misconduct at were an open secret conveyed through whisper networks, according to the interviews with women scientists. But eight scientists said that they were more willing to publicly speak up about their experiences now that they had more professional stability than they did as early-stage researchers chasing a dream opportunity feared that by reporting what happened, my collaborators would find out and think less of me,\u201d said Sarah Batterman, who first visited the institute as a PhD student in 2008 and is now an assistant scientist at Cary Institute of Ecosystem Studies and associate professor at the University of Leeds have felt isolated for years, but now know am not the only one.\u201d In a complaint she filed to the Smithsonian in 2020, Batterman said Benjamin Turner, who led the institute\u2019s biogeochemistry lab, raped her at a scientific conference in San Francisco in 2011. Seven other women said that Turner sexually harassed them, including one who described his \u201cpredatory pattern of abuse\u201d to STRI\u2019s director in 2018. He remained at the institute for another two years and in 2019 received the Smithsonian Secretary\u2019s Distinguished Researcher Award. Tewksbury said that the officials who issued the award were not aware of any complaint against Turner at the time, but that the decision is now under review. While Turner did not respond to repeated requests for comment, in an email to his former colleagues in April 2021, he wrote that \u201cno-one at ever asked my side of the story at all,\u201d that \u201cone of the complainants had been sexually harassing me for at least two years,\u201d and that he provided investigators with an email \u201cin which she states she is in love with me and wants an affair know there is one serious complaint, but have strenuously denied this (it's simply not true),\u201d he wrote, \u201cand hope you both know me well enough to at least consider that possibility.\u201d Asked about Turner\u2019s statements on the investigation, Tewksbury said, \u201cWhen allegations of misconduct are found to be credible, we take action, and that action can include terminating the relationships with the employee. It is our policy and practice to initiate an objective and thorough investigation when we receive a complaint.\u201d Two scientists said that Edward Allen Herre, a staff scientist who specializes in evolutionary ecology, acted unprofessionally on repeated occasions, including making unwanted sexual advances, kissing without consent, and meeting with women scientists while wearing only a towel. Presented with the allegations in this story, Herre denied any misconduct: \u201chaving read this over and thought about what your outlined objectives for the piece are (stopping sexual harassment and quid pro quo retaliation), my response is that none of the substance of any of these accounts about me rises to either of those standards.\u201d Two other scientists said Egbert Leigh, a former emeritus staff scientist who had studied evolutionary biology on the island from 1969 until his retirement in 2019, sexually harassed them. In an email to BuzzFeed News, Leigh acknowledged \u201cthe substantial truth of the allegations\u201d and said that stripped him of his emeritus title in 2010 \u201cbecause of conversations that made young women uncomfortable.\u201d \u201cMemory is good at forgetting what one is ashamed of,\u201d he told BuzzFeed News am very sorry for the hurt and discomfort my behavior caused, and apologize to those who were hurt or offended by it.\u201d Two former interns said they were sexually assaulted by a chef who remains employed at the facility following an investigation that concluded that his conduct merited disciplinary action but not removal postdoctoral fellow said she was sexually assaulted by an intern who entered her bedroom at night in the field house she was sharing with him have felt isolated for years, but now know am not the only one.\u201d 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 7/38 and another colleague, but the institute did not install a lock on the door until a year later, when another woman scientist complained about unsafe housing conditions. 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 8/38 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 9/38 The reports of sexual misconduct, which BuzzFeed News is making public for the first time, come as the Smithsonian Institution faces a reckoning over a workplace culture that has left many women feeling unwelcome or unsafe. An April 2020 report from the Government Accountability Office found that the Smithsonian neglected to provide guidance to supervisors on how to handle sexual misconduct complaints group of staff scientists published an open letter in April 2021 asking the Smithsonian\u2019s leadership to overhaul its systems for reporting and addressing sexual misconduct. \u201cThe conditions that allowed this misconduct to take place are deep-seated,\u201d said Rachel Page, a staff scientist at director Tewksbury declined to comment on specific sexual misconduct allegations but said that he is \u201cfully committed to ensuring that this kind of behavior has no place at STRI.\u201d In recent months, he said, the institute has implemented bystander and boundary training, an Anti-Harassment Action plan, a hotline to report misconduct, and a process for sending employees and visitors information about preventing harassment; it has also conducted a survey of 3,100 current and former employees \u201cto capture the scope and nature of the challenges we might face.\u201d To mitigate the power staff scientists have had to determine who can access the facility, the institute is revising its visitor onboarding process to make it \u201cless dependent on a specific sponsor,\u201d Tewksbury said. \u201cThe idea that even one of these visitors ever leaves that experience less excited about science, or STRI, than when they came, is deeply troubling,\u201d said Tewksbury. \u201cWe are taking every action possible to support the health and wellbeing of all of our scientific community.\u201d But for the scientists forced to choose between tolerating a culture of exploitation or fleeing a coveted professional opportunity, the damage is already done. \u201cThese women are the who\u2019s who of tropical ecology,\u201d said Liza Comita, a professor at the Yale School of the Environment and a research associate at STRI. \u201cThe time and energy they are losing grappling with this is a loss for all of science.\u201d Nina Wurzburger on Barro Colorado Island, Panama Courtesy Nina Wurzburger \u201cThe time and energy they are losing grappling with this is a loss for all of science.\u201d 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 10/38 Smithsonian Tropical Research Institute Flickr When the Chagres River was dammed in 1913, water rose to engulf 164 square miles of tropical rainforest, creating Gatun Lake and many small islands peeking above the surface. Naturalists were drawn to Barro Colorado Island, but for decades women were barred from staying overnight. David Fairchild, one of the island\u2019s founding figures, advocated for the prohibition of women, writing in a 1924 letter that the island should remain a place \u201cwhere real research men can find quiet, keen intellectual stimulation, freedom from any outside distraction.\u201d The Smithsonian Institution, the world\u2019s largest museum and research organization, took over the administration of Barro Colorado Island in 1946, allowed women to live on the island, and in 1980 established the first long-term, large- scale tropical forest monitoring plot. 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 11/38 STRI\u2019s facility is the only site of human habitation on Barro Colorado Island, and its isolation is part of the appeal for tropical scientists eager to immerse themselves in the rich biodiversity while having access to laboratories devoted to studying flora, fauna, soil, and water. Game wardens, cooks, maintenance staff, scientific coordinators, visiting scientists, and students usually stay on the island while staff scientists and tourists come in by boat from Gamboa, a small town along the river. One scientist compared the atmosphere at to \u201ca grueling summer camp,\u201d where prominent and promising scientists are scattered across different parts of the island all day, working hard, and then come together over meals at the cafeteria, socialize over beers at the lounge, play musical instruments, or chat on a balcony overlooking the forest and lake. These gatherings aren\u2019t just for letting off steam but offer invaluable networking opportunities to young scientists seeking mentors to sponsor them for short-term projects or a long-term position at as a research associate, a title that brings full access to the institute\u2019s trove of archives and data. \u201cUnder the current system for awarding postdoctoral and predoctoral fellowships, anything less than enthusiastic support from all staff scientists with relevant expertise can kill an applicant's chances,'' said Helene Muller-Landau, a staff scientist at STRI. Tewksbury said the institute is implementing a new system that will eliminate the single \u201call- staff\u201d selection meeting that hinges on sponsor advocacy and instead rely on a \u201csmall expert committee\u201d to make decisions on fellowship applications. Meg Crofoot, an anthropologist who studies how human society is different from nonhuman primate societies, first rode the morning ferry to the island in 2003, on a trip to see if STRI\u2019s new automated radio telemetry system, which lets scientists simultaneously track multiple groups of animals, would be helpful for her dissertation research 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 12/38 Meg Crofoot conducting field work on Barro Colorado Island, Panama Christian Ziegler Near the end of her visit, Egbert \u201cBert\u201d Leigh invited her and a male colleague to join him for drinks at his \u201cchambers,\u201d which was what Leigh called the field house room he used as an office, library, and bedroom at Barro Colorado Island during the week. The conversation that night began well, as Leigh agreed to sponsor Crofoot\u2019s application for a three-month fellowship at STRI. But, Crofoot said, the discussion later took an unexpected turn when Leigh told his guests that he had been \u201cpleasuring\u201d his wife when a recent earthquake struck and thought \u201che had made the world shake.\u201d \u201cIt was just uncomfortable and inappropriate,\u201d Crofoot said. She concluded that on the island \u201cBert\u2019s idiosyncrasies were just accepted for what they were 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 13/38 Three scientists who knew Leigh and requested anonymity explained that they and others put up with his behavior because, as one put it, he was \u201cnot physically dangerous,\u201d simply a product of his time \u2014 \u201can old-fashioned lecher,\u201d another said. But asked about it now, Leigh said his behavior reflected \u201cmy unwanted and disruptive obsession with Meg Crofoot.\u201d He offered \u201ca sad acknowledgement\u201d that the claims about him in this story are accurate. One research associate, who worked with Leigh and requested anonymity for fear of damaging her career, told BuzzFeed News that he often greeted her by lifting her up by the waist, pressing his body against hers, and leaning back \u201cso was basically kind of lying on him.\u201d On a bus ride one evening, Leigh told a group of scientists that one of them, a graduate student, was causing him to get an erection, Crofoot and another scientist recalled. Crofoot got the three-month-long fellowship, returning to in summer 2004. Leigh, her sponsor, often invited her for after-dinner drinks in his chambers. Crofoot said she felt unable to decline because Leigh often had \u201cexplosive reactions\u201d whenever he felt socially rejected. In 2008, she again returned to Panama, now as a postdoctoral researcher working as the director of the Automated Radio Telemetry System Initiative. Leigh\u2019s wife died that year, leaving him in need of someone to drive him, shop for him, and cook for him. Some of the responsibility of providing this care, Crofoot said, fell upon young scientists handpicked by Leigh. He asked Crofoot to drive him to Panama City once a week, he said. In exchange, she could borrow his car whenever she needed. \u201cIf early-career researchers helped me during that time, they were not the main source,\u201d he said. Crofoot was unsure how to handle Leigh was living in for the next five years,\u201d she said had to find a way so would not have this omnipresent sense of constantly walking on eggshells, trying to manage him, manage his emotions, manage his behavior... all in a way such that could do my work, and not have this situation derail everything was trying to accomplish.\u201d One day, Crofoot said, Leigh \u201cconfessed\u201d to being \u201cmadly in love\u201d with her and wanting to marry her. By 2010, Crofoot decided to rent an apartment in Panama City, while still paying rent for her room on the island, so she could get away from Leigh. She bought her own car. She informed then-director Eldredge Bermingham about Leigh\u2019s behavior toward her and other young women on the island. Following Crofoot\u2019s complaint, Bermingham set certain restrictions on Leigh: He could spend only Tuesday evening through Friday afternoon on the island, host people in his room only on Wednesdays and Thursdays, and invite no fewer than three guests, according to emails reviewed by BuzzFeed News. Bermingham also emailed Leigh\u2019s priest in Panama, asking him to help Leigh stick to the new policies. \u201cIt is Bert\u2019s responsibility to insure [sic] that the 3-person rule is upheld no matter what the surrounding circumstances,\u201d \u200bBermingham stated in one email. Leigh confirmed to BuzzFeed News that Bermingham put the rules in place to \u201ccalm the island,\u201d which he said had \u201cnaturally been upset\u201d by his pursuit of Crofoot. But the high turnover at \u2014 including Bermingham, who retired in 2013 \u2014 meant that within a few years new staff rotated in, largely replacing the cohort familiar with Leigh\u2019s situation. \u201cNo one enforced the restrictions, and gradually \"Anything less than enthusiastic support from all staff scientists with relevant expertise can kill an applicant\u2019s chances.\" 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 14/38 Bert stopped following them,\u201d said a scientist who worked with Leigh and requested anonymity. 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 15/38 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 16/38 Meg Crofoot in Konstanz, Germany, in September 2021 Anna-tia Buss for BuzzFeed News In 2019, shortly after Leigh retired, a researcher filed a new complaint of sexual misconduct against him. Crofoot wrote to STRI\u2019s then-director, Matthew Larsen, and other scientists who knew Leigh to remind them of the restrictions placed by Bermingham, as well as documents detailing her own complaints. Larsen did not respond to interview requests for this story. Later that year, Leigh said, the institute declined to renew his emeritus status because of his inappropriate sexual comments. But he remained involved with the facility, meeting with new researchers and co-editing a book about STRI\u2019s 100-year history, before other editors eventually asked him to leave the project. In an email exchange in 2019 two scientists expressed concern that Leigh\u2019s \u201cunique and interwoven relationship\u201d with continued on beyond his career\u2019s end. \u201cIt is na\u00efve of us to think that shifting Bert off island will solve the problems of his inappropriate sexual conduct toward young women,\u201d one scientist wrote in 2019. \u201cAlready every few months Bert emails me to ask who the new lab members are, and then selectively picks the young, female English speakers for his Gamboa dinner companions.\u201d But while leadership took some steps to curb Leigh\u2019s behavior, the powerful men at the center of the institute continued to blur the line between professional networking and inappropriate behavior, according to interviews with women scientists 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 17/38 Benjamin Turner is seen in an interview with the British Society of Soil British Society Of Soil via Youtube Emma Sayer first met Benjamin Turner when he interviewed to become an staff scientist. She then started working with him on the island in 2005 after earning her PhD, she said, and found him to be a welcoming and supportive colleague. He invited her to party at his house, where his entire research group gathered to dance, drink, and discuss biogeochemistry. At STRI, Turner was known as \u201cthe soils guy\u201d \u2014 he controlled access to the biogeochemical laboratory, analyzed samples for nearly every scientist on the island, and set prices that influenced research budgets at one of the most well-studied tropical forest sites in the world 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 18/38 Turner had a reputation for holding court among a big group of young researchers who worked and partied together, according to three scientists who worked with him. But Sayer\u2019s introductory experience to social gatherings at Turner\u2019s home, she said, left her feeling deeply uncomfortable. \u201cHe would say things like, \u2018We\u2019re a great team! We\u2019re the best team!\u2019 and use this rhetoric to pressure people to drink,\u201d said Sayer, who now teaches at Lancaster University in the saw him pressure a young woman into drinking so much that she vomited all over his lawn while he took photos of her and said, \u2018I'm going to use these to blackmail her later.\u2019 And it was all seen as kind of a joke, everybody was laughing.\u201d Sayer decided to stop socializing with Turner and his team after the party. This, she said, was the beginning of a vicious cycle: Turner would openly criticize her for not being a \u201cteam-player,\u201d and she would become increasingly withdrawn. When she needed samples analyzed at the soils lab, she said, she had to wait longer than anyone else, or was told by Turner that there was no available space for her to perform her work in the lab. Sayer did not make an official complaint at the time, she said, because was told by other scientists that was being paranoid or that must have done something wrong for him to behave like that.\u201d The isolation, she said, ultimately drove her away from in 2009. 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 19/38 Batterman in upstate New York Sara Naomi Lewkowicz for BuzzFeed News As Sarah Batterman began gathering and analyzing data in Panama for her thesis in 2008, she knew she would eventually need a staff scientist to endorse her project. Though Turner ran the lab where she analyzed her samples, the two had barely spoken until two years into her research, in June 2011, when they both attended the same conference in Reykjav\u00edk, Iceland, she said. Turner sat down next to her on a tour bus and struck up a conversation remember being flattered, but also finding it strange,\u201d Batterman said was a nonentity and was quite a bit younger than him and was hyperaware of the difference of power between us. But knew was supposed to take advantage of every opportunity to get to know scientists, and for them to get to know me.\u201d 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 20/38 Over the next few days in Reykjav\u00edk, Batterman occasionally ran into Turner. She said Turner\u2019s conversation on the bus ride had been flirtatious, and at a later interaction at the conference, he asked her and two other young PhD students who were women to travel through Iceland with him before they left the conference, describing it as a \u201conce-in-a- lifetime opportunity\u201d to see geological sights with an expert. Batterman joined for part of the travels, spending a day with the group. When they returned to Panama, Turner began inviting Batterman out for dinner and drinks, promising to discuss her career and endorse her postdoctoral fellowship application to STRI, she said. At these meetings, Turner would \u201cpoint out the waitress to me and talk about how hot she is, and how he wants to have a threesome with her and me,\u201d Batterman recalled. \u201cThen he would once again encourage me to apply for the postdoc fellowship, saying had a \u2018really good chance\u2019 of getting it.\u201d During one of these meetings, Turner mentioned that he was married but said he was unhappy and considering a divorce, then asked if Batterman was single, she said in the complaint. On one of Batterman\u2019s last nights in Panama, she said, Turner drove her back to her hotel after she had bid farewell to staff and colleagues. As she was leaving, he asked if he could come up to her room. Batterman said no. According to Batterman, Turner proceeded to beg and pressure her to allow him upstairs remained in the car feeling bad that he was upset, but kept saying no for about 20 minutes,\u201d she stated in the 2020 complaint. \u201cWhen he would not take no for an answer started to worry about all the opportunities that could lose if lost his support and felt powerless, so eventually gave in.\u201d After Batterman finished her research and returned to the US, she said, Turner suggested they meet at a conference in Arizona where he would introduce her to leading scientists, including two ecologists with whom she could possibly collaborate. She agreed, both for the professional opportunity and because she was excited about the venue, a place she had been obsessed with since she was a kid: Biosphere 2, the site of a monumental scientific experiment in which 3.14 acres in Pinal County were sealed off to replicate the Earth\u2019s biosphere. The experiment didn\u2019t last, but the space remained and now hosts conferences amid the miniature rainforest, ocean, wetlands, and fog desert. By day, Turner introduced Batterman to scientists, and she attended talks and explored the Biosphere. The first night, Turner suggested that the two of them get \u201cvery, very drunk,\u201d she recalled. After they drank together, Batterman said, he pressured her to have sex, and she complied. After Arizona, Batterman said Turner proposed they meet at a conference in San Francisco. By then, she said, the two had become closer 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 21/38 still felt like it was really not okay, he was paying all this attention to me, saying all these things to me, and then getting me to do all this stuff with him that felt uncomfortable with, when he had a wife and kids,\u201d she said in an interview. \u201cBut then on the other hand, he really preyed on my personal and professional vulnerability by saying he loved me or telling me that he had never felt this way about anyone.\u201d Turner suggested she read a book called Sperm Wars, she said in the complaint. In an interview, Batterman said she believed the book of short fictional stories and essays was meant to \u201cassuage guilt about being involved with a married man,\u201d but it presented ideas she was uncomfortable with. The author, an evolutionary biologist, compared date rape to \u201crough and tumble intercourse,\u201d posited that \u201cone of the criteria\u201d a woman should evaluate when selecting a mate \u201cis his ability to overcome her physical resistance,\u201d and observed that \u201cthe more men and women drink, the more they both seek intercourse \u2014 or, at least, the less they resist it.\u201d On the last day of the San Francisco conference, Turner, Batterman, and another scientist, Daniela Cusack, went out for drinks remember drinking more heavily than usual that night as we were having a good time,\u201d Batterman said. While drinking was par for the course at conferences, going out with Turner that night felt \u201creckless,\u201d said Cusack, who is now an associate professor at the Department of Ecosystem Science and Sustainability at Colorado State University. \u201cHe kept saying, \u2018no, don\u2019t go, let's have another drink, let's have another drink noticed that Sarah was getting drunker and drunker and drunker, but they seemed to be really good friends, and had just met them, so wasn\u2019t too worried at the time.\u201d Batterman\u2019s last memory from the night was of Cusack leaving the bar around 8 p.m. The next morning, when Batterman woke up, Turner was packing his bags and about to check out of the hotel. He told Batterman that he had decided he would not be leaving his wife 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 22/38 told him things needed to end because the situation was very unhealthy and upsetting,\u201d Batterman said. Later in the day, Batterman felt a sharp pain that she said led her to believe that Turner had anally penetrated her the night before, she said in the complaint was unwilling to admit that Turner had raped me because it was too much to handle on top of everything else, especially since we would likely be working together throughout my career,\u201d she stated in the complaint just wanted it all to go away.\u201d After 2011, Batterman rarely spoke with Turner, and only about professional matters, she said. Over the next five years, she said that Turner retaliated against her by withholding a data set that they collected collaboratively \u2014 a claim she informed other staff scientists about at the time, according to emails reviewed by BuzzFeed News. At the request of Batterman\u2019s attorney in 2020 offered to turn over the data set held by Turner, a process that was completed earlier this week Maga Gei also met Turner at the 2011 conference in Iceland. When they were in the hotel elevator together one evening, she said, he surprised her with a wet kiss near the mouth and invited her to his room remember shaking my head no, and as the doors closed was thinking, \u2018whoa, what just happened?\u2019\u201d she said. Two years later, Gei received a Smithsonian fellowship to do research on Barro Colorado Island. At a party shortly after she arrived, she approached a staff scientist, Edward Allen Herre, to discuss her project. Herre showed little interest in discussing her research, but invited her to accompany him on a drive across town instead, she said few days later, she said, he showed up uninvited to her house in Gamboa to ask her help organizing an event was so shocked to see him at my door,\u201d she said did not want him to come inside 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 23/38 Later, when Gei was leaving a group gathering, she said Herre \u201cplanted another one of those big, wet, sticky, too close to the mouth kisses.\u201d In response to questions from BuzzFeed News, Herre said that Gei\u2019s allegations consisted of \u201cperceived personal slights where none were intended.\u201d Gei left at the end of her 2013 fellowship and now works in communications. Edward Allen Herre in an undated photo posted on the website Stri 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 24/38 \u201cIn science we have this idea of merit, that if you work really hard and you are really smart, you will make it to the top,\u201d she said. \u201cBut the truth is, you can do everything right and never make it at because over there, you are who you are working with.\u201d One scientist, who requested anonymity to protect her career prospects, said that Herre would \u201ccultivate young women, frequently grad students, initially by giving scientific advice and then by embedding himself in their research and making them feel intellectually and sometimes financially indebted to him.\u201d Another said that Herre harassed her for six months, pursuing a relationship even after she declined \u2014 \u201che would not take no for an answer third scientist, Sayer, said that Herre once invited her and another woman to dinner then answered the door wearing only a towel and remained in that state of undress even after they asked him to put on clothing. Herre said that none of the incidents described amounted to sexual harassment. He said that he meant no harm when he greeted Sayer in a towel, that he never threatened any retribution against the woman who rejected him and that her career has \u201cflourished,\u201d and that his support for young scientists is purely professional. \u201cThe researchers whom encourage include both men and women, young and old, often working far outside of any of my research interests,\u201d he said. \u201cUsually my advice demonstrably benefits their projects and careers.\u201d He noted that he was among the scientists who signed the 2021 open letter calling on the Smithsonian to more robustly address sexual misconduct. Asked about the claims against Herre, Tewksbury said, \u201cWhile cannot comment directly about specific allegations take all allegations of misconduct seriously, particularly when alleged conduct creates dangerous or threatening situations for students, interns, or fellows.\u201d The culture of impunity at the institute persisted even as women filed complaints against colleagues. Seven scientists who reported sexual abuse at within the last two decades said that they felt the institute didn\u2019t take their concerns seriously enough. 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 25/38 Katherine Sinacore photographed in Panama City in September 2021 Tarina Rodriguez for BuzzFeed News In 2014, Katherine Sinacore, then a doctoral fellow, was living in a forest field station with two interns. The only room in the field house that could be locked was the bathroom, and Sinacore said she had to use a rock to secure her bedroom door shut. One night, she said, one of the interns entered her room and sexually assaulted her. She reported it to STRI, which directed her to the Panamanian police. An investigation ensued, but emails show that and Sinacore did not hear of any arrests. She said she moved into a housing complex in Gamboa and asked to add locks to bedroom doors in the field houses. But more than a year later, when another scientist moved in, there were still no locks, according to emails reviewed by BuzzFeed News. 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 26/38 just felt like what happened to my body wasn't important enough for them to think we should do something so this never happens to someone again,\u201d she said declined to comment on personnel matters, specific allegations, or internal investigations. Ellen Dyer on Barro Colorado Island, Panama Courtesy Ellen Dyer In 2018, Ellen Dyer, then a 21-year-old intern who spent her days running down ravines and scrambling up hills to keep up with the spider monkeys she was researching, reported to that while dancing with her at a party in the facility\u2019s lounge, the cafeteria\u2019s chef had grabbed her bottom and pressed his erection against her. Though Dyer said 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 27/38 that she told him she wasn\u2019t interested in a sexual encounter, he followed her to her room and forcibly kissed her cheeks and neck outside her door before she managed to push him off and get inside. \u201cAt this point was very frightened,\u201d she wrote in an email to STRI\u2019s human resource manager on the following Monday. Dyer said she felt unsafe because the chef knew the location of her room and could find her wherever she went on the island. She began to skip meals, stayed in her room, and avoided doing her laundry or visiting the lounge to meet her friends. The only time she did enter the cafeteria, Dyer, who has a panic disorder, saw the chef and experienced a panic attack, she said in her complaint to HR. Her supervisor, Grace Davis, brought her meals so she could eat in her room, according to Davis and emails reviewed by BuzzFeed News. Two days after Dyer filed her complaint, STRI\u2019s manager wrote back to her confirming a panel assembled to investigate the matter would visit her. Dyer said the interviewers asked about how much she\u2019d had to drink that night, how many people had seen the chef dancing with her, why she ended up alone with him, and what she\u2019d been wearing at the time remember it was literally like Nike shorts and a t-shirt, so was like, what does that have to do with anything?\u201d she said. \u201cIt felt as though they were shaming me, as if saying, \u2018well, if you had not been drinking whiskey instead of beer, maybe you wouldn't have been drunk remember repeating to myself in my head \u2014 \u2018you are allowed to get as drunk as you want and that still doesn't give someone the right to do anything to you.\u2019\u201d The chef was put on administrative leave for two months, and Dyer was offered a different room, as well as contacts for counselors in Panama and Washington was there with Ellen throughout the instances of sexual assault and harassment on BCI, and sadly, similar instances have happened to other field assistants and myself as well,\u201d said Davis, now an anthropologist at the University of California, Davis. \u201cThere was no clear system in place for reporting such assault or harassment, no regard or respect for our voices in putting this forward, and little follow-through on the part of during and after the investigation.\u201d Two months later, on Dyer\u2019s last day in Panama, her contact informed her that the chef \u201chad been given a stern talking to\u201d but would continue to work at STRI, said Dyer, who is now a PhD student studying evolutionary anthropology at the University of New Mexico. \u201cAs was leaving, there were still more women, many young women like myself, young interns around 19 years old arriving on the island,\u201d she said. \u201cThey had no idea that had been assaulted by someone employed at STRI. It made me feel really worried for them.\u201d Three months after Dyer left STRI, her supervisors, Grace Davis and Crofoot, wrote to Larsen and two other staff scientists at expressing their disappointment at the way handled the complaint. Crofoot asked for \u201cconcrete steps to fix the institute\u2019s broken system\u201d for dealing with sexual misconduct complaints. In response, STRI\u2019s then-director Larsen noted that STRI\u2019s team interviewed 11 people, reviewed 7 hours of security footage, and concluded \u201cthat the employee behaved improperly and that his conduct merited severe disciplinary just felt like what happened to my body wasn\u2019t important enough for them to think we should do something so this never happens to someone again.\u201d 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 28/38 action, but not removal.\u201d He said that over the years had dismissed three employees and two scientific visitors for sexual harassment and taken disciplinary action against two others. Among the witnesses who spoke to STRI\u2019s investigating panel was an intern who said the chef had sexually assaulted her earlier that same evening and that she later witnessed him dancing with Dyer even after Dyer had drunkenly fallen down at least twice, she recalled in an interview with BuzzFeed News. She learned that the chef was still working at when she ran into him at the dock on Barro Colorado. Tana Wood poses for a portrait at El Yunque National Forest in September 2021. Erika P. Rodriguez for BuzzFeed News For years, Tana Wood kept an eye on Ben Turner when she saw him at conferences mingling with groups of younger women. She overheard him asking about their relationship statuses and observed him brushing his hand along their 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 29/38 backs or legs. At a conference in Tennessee in 2016, Wood said she observed Turner coax a student to go sightseeing with him in Europe, then snap at her when she asked if she could bring her boyfriend along. Turner\u2019s reputation spread across a whisper network. One scientist Turner sponsored, who requested to be identified by her initial M., recalled an occasion when Turner told her that a scientist he introduced her to had been more interested in her short dress than her work. After that, on the advice of a woman mentor, M. said she began to \u201cdress like a man\u201d and wear her hair short. In 2016, Wood met a student who complained about older scientists harassing her and her peers at a conference. The student agreed to look through pictures of the conference attendees to identify the men, and one of the men she identified was Turner, Wood and the student recalled. \u201cShe was very disturbed, and she asked me why female graduate students were even present at these meetings,\u201d Wood said remember how it felt to have somebody talking to you about science, and then realize that they're hitting on you, thereby negating anything positive that they had said about your research just felt like hadn't done enough to protect her, and by not speaking out felt in some ways complicit 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 30/38 Wood working on a drought experiment Courtesy Tana Wood Wood and her colleagues tried to come up with ways to ensure the safety of their women students. They considered sending out messages to participants before conferences, outlining appropriate codes of conduct, identifying problematic scientists and flagging them to conference organizers, or making an internal decision to just stop inviting and promoting scientists who had reputations for engaging in inappropriate behavior. Wood said she\u2019d heard enough about Turner to believe that \u201cit was not safe to invite\u201d him to gatherings 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 31/38 Now a research ecologist with the Forest Service, she began raising alarms about Turner in 2016, sending emails and speaking with leadership within the Forest Service International Institute of Tropical Forestry and to the National Science Foundation\u2013funded Luquillo Long-Term Ecological Research Program. At a symposium in 2018, when Wood attended a talk by a University of Puerto Rico professor who described sexual harassment in science as a \u201cloud secret,\u201d she found herself in tears. Larsen, then-director of STRI, was one of the speakers at the symposium. After the event, Wood took him aside and told him everything she had witnessed Turner do, as well as concerns she\u2019d heard from other women. \u201cDr. Larsen told me that he was very concerned and took this complaint very seriously and that he would talk with Dr. Turner,\u201d she recalled. In February 2019, Larsen emailed Wood and M., who had also spoken to him about Turner\u2019s behavior, stating that he had spoken with Turner about the complaints \u201cabout his behavior with women scientists and students,\u201d and that Turner \u201cthanked me for relaying the concern to him and indicated that he will be mindful of this behavior going forward.\u201d Larsen asked that Wood contact him if any of her students or colleagues were to have such an experience with Turner again. \u201cThe more frequently we all take action and \u2018call people out,\u2019 the sooner we can end this problem,\u201d he wrote in the email. By 2019, at least two women had complained to Larsen about Turner. In 2020, another scientist, who requested anonymity, submitted a complaint against Turner, alleging harassment and retaliation, through a page on the Smithsonian\u2019s website where members of the public can flag inappropriate behavior by its employees. In the complaint, this scientist said that after she refused to go to a hotel room with Turner at a conference, her research team was kicked out of the soils lab and her samples were left unanalyzed indefinitely, and her data was then withheld from her am a Research Associate at STRI, and my work there depends on him as my official mentor and sponsor within the organization,\u201d she wrote. Batterman also filed an official complaint about Turner to the Smithsonian Institution. In it, she included supporting statements from other women who said they had witnessed or experienced harassment from Turner. That same year, the Smithsonian Institution hired an independent investigator who contacted the women supporting Batterman\u2019s complaint, according to three scientists affiliated with and five women who spoke to the 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 32/38 investigator. The institute didn\u2019t inform the women about the outcome of the investigation, they said. Tewksbury said people who allege misconduct are told when an investigation is closed but not the details of disciplinary actions. \u201cWhy would you ever expect someone to put themselves in the hot seat, in a small community of mostly white men, put themselves up as a bull\u2019s eye, if they can't even know the outcome at the end of the process?\u201d said Laura L. Dunn, an attorney representing Batterman and 13 other women scientists speaking up about who received support from the Legal Defense Fund senior scientist, Bill Wcislo, who led the institute as interim director in 2013 and 2014, has called on the institute to change its policy of not commenting on specific personnel matters. \u201cIt is possible to allow transparency and accountability, while maintaining confidentiality,\u201d he said, \u201cbut this has not been implemented.\u201d In November, staff scientists received a one-line email from STRI\u2019s then-director, Oris Sanjur, informing them that Turner no longer worked at the institution without further explanation In email exchanges, four staff scientists at told BuzzFeed News that they were shocked at the sudden dismissal of a highly productive member of their team who was frequently published in academic journals and cited in research papers. One scientist said that the secrecy around the reason for Turner\u2019s dismissal meant the scientific community could not make an informed choice about whether they still wanted to collaborate with Turner in the future. \u201cThe community had no idea why Dr. Turner had left.\u201d 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 33/38 For nearly four months, most scientists at had heard only rumors of allegations against Turner. \u201cThe community had no idea why Dr. Turner had left,\u201d Rachel Page, a staff scientist, said. \u201cDr. Turner told the few people he was in contact with that he had left because of family reasons, and no one questioned this.\u201d In April 2021, Carlos Jaramillo, who collaborated with Turner on a paper published in Science, wrote a note of apology to the women who said Turner harassed them, stating that the institute\u2019s refusal to explain why Turner was dismissed had made Turner\u2019s coauthors \u201caccomplices of his behavior.\u201d Later that month, then-director Sanjur emailed staff scientists acknowledging that several of them had reached out to her asking about continued collaborations with Turner and stating that the Smithsonian had decided to \u201ccease on- going collaborations\u201d with him, according to emails reviewed by BuzzFeed News. In October, nearly a year after Turner\u2019s dismissal, newly appointed director Tewksbury told staff scientists not to initiate new work with Turner because will not provide material or intellectual support to work in which Ben Turner is involved,\u201d according to the email. But the parting is not so simple. Over his years at STRI, Turner was solely responsible for the biogeochemical laboratory \u2014 his \u201cpersonal fiefdom,\u201d as one colleague put it. Women who collaborated with Turner and say he sexually harassed have to see his name attached to all their work. Some fear they may lose data without Turner\u2019s cooperation. Batterman hired an attorney to try to regain control of data she said Turner was withholding from her. Sayer informed in April 2021 that she had prepaid around $10,000 for soil analyses in Turner\u2019s lab but had only ever received around $750 worth do not have much hope of recovering these funds, as Ben has ignored all previous emails about the funds and outstanding analyses,\u201d she told STRI\u2019s then-director Oris Sanjur. In November, the institute agreed to reimburse her. The task of recovering data from projects Turner was involved in fell on a small group of scientists, including Joseph Wright, who has worked at for 38 years and said that he \u201cmight have been Dr. Turner\u2019s closest collaborator on the scientific staff\u201d but will never work with him again in light of the sexual misconduct allegations. Wright was in communication with Turner about the data, but that ended after he informed Turner that advised its staff to stop collaborating with him. \u201cTurner no longer responds to messages from me,\u201d Wright said. Yet some data sets remain unusable until Turner sends over their corresponding documentation, which Wright said he is still waiting for, delaying projects that now hang in the balance. \u25cf Opening images: Erika P. Rodriguez for BuzzFeed News; Anna-Tia Buss for BuzzFeed News; Courtesy Ellen Dyer; Tarina Rodriguez for BuzzFeed News; Sara Naomi Lewkowicz for BuzzFeed News; Courtesy Nina Wurzburger 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 34/38 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 35/38 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 36/38 Topics in this article #MeToo Nishita Jha BuzzFeed News Reporter Comments Former Employees Say Ellen\u2019s \u201cBe Kind\u201d Talk Show Mantra Masks Toxic Work Culture Nobody Believed Neil DeGrasse Tyson's First Accuser. Now There Are Three More Doctor Admitted To Sexually Abusing Patients And Then Walked Free Leaked Records Reveal Tony Robbins Berated Abuse Victims, And Former Followers Accuse Him Of Sexual Advances 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 37/38 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Share your thoughts 11 From Our Partner Post Comment olafthedestroyer It's no wonder women don't pursue careers or they drop out in greater numbers. One would have hoped this kind of bullshit behavior would be the exception by now, but it is not that uncommon. I'm a late middle aged white male engineer and find it depressing that the first place worked for back in the late 1980's was more enlightened than a lot of current workplaces.... Read more 22 Reply Top Comment 3 years ago Hilary Duff Being Praised For Her Nude Magazine Cover Has Sparked Discussion Around The\u2026 BuzzFeed News Khlo\u00e9 Was So Upset When Her Surrogate Gave Birth That Her Offered To Take Her\u2026 BuzzFeed News 3/1/25, 10:41 The Smithsonian\u2019s MeToo Moment 38/38", "8817_102.pdf": "Alleged Sexual Misconduct at Smithsonian Tropical Institute By Colleen Flaherty December 09, 2021 ozens of scientists asked the White House\u2019s Gender Policy Council Thursday to protect women and other marginalized researchers working in the sciences from discrimination, harassment and violence. Their request, sent by civil rights lawyer Laura Dunn, references an article published by BuzzFeed News the same day regarding 16 women scientists\u2019 allegations of gender-based harassment and discrimination at the Smithsonian Tropical Research Institute in Panama. BuzzFeed found that employees accused of misconduct were often issued verbal warnings or social restrictions but allowed to keep working with new, junior female scientists. The institute took additional disciplinary action against accused scientists starting in 2019, according to the article, with one retiring that year. The other accused scientist left and a third continues to work there chef and intern were accused of misconduct, as well, but they were not the focus of the article.) The institute declined comment on specific allegations, which range from inappropriate sexual comments to rape. Joshua Tewksbury, director, told Buzzfeed, \u201cWe are sorry if anyone has experienced harassment at and are grateful for those who have come forward to tell us of their experiences.\u201d He added, \u201cWe take this responsibility very seriously and we have clear protocols in place to investigate and address people\u2019s concerns as they arise.\u201d Egbert Leigh, a former emeritus staff scientist, and the 2019 retiree, was accused of harassment. Leigh reportedly apologized, acknowledging via email what he called \u201cthe substantial truth\u201d of the allegations, and said that he\u2019d been stripped of his emeritus title. Benjamin Turner, who led the institute\u2019s biogeochemistry lab, and who was accused of 3/1/25, 10:42 Alleged Sexual Misconduct at Smithsonian Tropical Institute 1/2 Copyright \u00a9 2025 Inside Higher Ed All rights reserved. | Colleen Flaherty raping a woman at an off-site conference and harassing others, did not respond to a request for comment. He has previously denied the allegations and asserted to colleagues that he was the subject of harassment by one accuser, according to Buzzfeed. Edward Allen Herre, a current staff scientist accused of making unwanted sexual advances and meeting with women scientists while wearing a towel only, told Buzzfeed that \u201cnone of the substance of any of these accounts about me\u201d has to do with preventing harassment in science. The federal Government Accountability Office found in 2020 that the Smithsonian Institution had harassment prevention policies but that supervisors lacked written guidance on addressing complaints and processes for tracking those complaints. Written By 2/5 Articles remaining this month. Sign up for a free account or log in 3/1/25, 10:42 Alleged Sexual Misconduct at Smithsonian Tropical Institute 2/2", "8817_103.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 48 'It was a loud secret': At least 16 women come forward to allege 'sexual harassment and abuse' at Smithsonian's Tropical Research Institute - which is on an island in the Panama Canal total of 16 female scientists alleged rampant sexual misconduct at Smithsonian Tropical Research Institute (STRI) in Panama Women scientists described a pattern of sexual misconduct - ranging from inappropriate comments to touching and rape - by a trio of male researchers One scientist accused Benjamin Turner, director of STRI's biogeochemistry lab, of pressuring her into a sexual relationship and raping her at a conference Two women researchers said that Edward Allen Herre, a staff scientist, kissed one colleague without consent, and greeted women in a towel Two female researchers claimed Egbert Leigh, a former emeritus staff scientist who retired from in 2019 after 50 years, sexually harassed them Turner and Herre have denied wrongdoing, but Leigh admitted to misconduct By PUBLISHED: 21:49 GMT, 9 December 2021 | UPDATED: 22:36 GMT, 9 December 2021 More than a dozen female scientists have made bombshell allegations of sexual misconduct and even rape by male supervisors at the Smithsonian Tropical Research Institute, accusing the prestigious research facility located on a manmade island in Panama of turning a blind eye to a culture of sexual harassment and retaliation for years. The claims by the 16 accusers - many of whom agreed to be fully identified, while some opted to retain their anonymity - were detailed in a sweeping expose that was 6 View comments Site Web Enter your search Privacy Policy Feedback Saturday, Mar 1st 2025 11PM 21 2AM 18 5-Day Forecas 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 1/48 published by BuzzFeed News on Thursday. The women scientists described a pattern of pervasive sexual misconduct - ranging in some of the cases from inappropriate comments to touching and alleged rape - by a trio of senior male researchers, who controlled access to laboratories and data, and whose word could make or break a young researcher's fledgling career in science. All of the suspected behavior played out over the course of more than a decade on Barro Colorado Island in the Panama Canal, which is home to the Smithsonian Institution's only research facility outside the US. Nestled in a dense tropical jungle, the Smithsonian Tropical Research Institute (STRI) is made up of a string of laboratories, field houses and dining halls on the 9.3-square- mile island, which was formed by the creation of Lake Gatun in 1913 during the construction of the Panama Canal. Sarah Batterman, a professor, has accused scientist Benjamin Turner of raping her during a conference in 2011 +9 View gallery +9 View gallery +9 View gallery Revealed: The nine words that triggered historic blockbuster clash between Zelensky and Trump - as world holds its breath to see Donald's next move Resurfaced Meghan Markle footage shows Duchess of Sussex sex breaking royal protocol during the awkward walkabout with William and Kate after the Queen's death - as... Haunting new photo that raises terrifying question: Did he help seal his own fate in Dallas pieces together an outrageous cover-up Georgia Toffolo is married! Made in Chelsea star and BrewDog founder James Watt to Scotland as they share snaps from a boat Jill Halfpenny enjoys romantic Paris holiday with her new flame as she discusses finding love again after death of her partner Matt Janes Want to feel good every day? These small actions could make all the difference Why Britney Spears is refusing to cast 'desperate' Millie Bobby Brown in her biopic Crime scene experts unveil latest eerie theories about Gene Hackman and his wife's 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 2/48 scientists Benjamin Turner (left) and Edgar Allen Herre (right) have been accused of sexual misconduct. Both have denied wrongdoing Egbert Leigh has admitted to sexual misconduct. He retired from the in 2019 +9 View gallery +9 View gallery mummification deaths... and the lurking inconsistency they can't ignore Millwall fans chant 'let him DIE' after Crystal Palace star Jean- Philippe Mateta is left stricken by karate kick to the head Need a style update? Why some new arm candy is all you need (and our pick of the most lust-worthy bags of the season chief issues sharp warning to Zelensky after car crash Trump talks Secrets of how David Beckham got this body at 50 in just 14 weeks: Man behind his astonishing look tells 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 3/48 Nestled in a dense tropical jungle, the Smithsonian Tropical Research Institute (STRI) is made up of a network of laboratories and forest field houses The site employs 40 staff scientists and hosts some 1,400 visitors every year, from undergraduates and interns to postdoctoral fellows and research associates According to STRI's website, the research facility was founded more than a century ago 'with the purpose of increasing and sharing knowledge about the past, present and future of tropical ecosystems and their relevance to human welfare.' The site employs 40 staff scientists and hosts some 1,400 visitors every year, from undergraduates and interns to postdoctoral fellows and research associates. One scientist accused Benjamin Turner, the married director of STRI's biogeochemistry lab, of pressuring her into a sexual relationship and raping her at a conference after a night of heavy drinking a decade ago. Seven other women made sexual harassment claims against Turner, who has denied any wrongdoing in an email to a colleague. He left in 2020, a year after receiving the Smithsonian Secretary\u2019s Distinguished Researcher Award, despite having at least one complaint made against him. Two women researchers said that Edward Allen Herre, a staff scientist who specializes in evolutionary ecology, made unwanted sexual advances, kissed one colleague without consent, and greeted women while wearing only a towel. +9 View gallery exactly how what he did... 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Marco Rubio reveals that what Zelensky did before cameras started rolling is reason why he should apologize 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 4/48 total of 16 female scientists have alleged rampant sexual misconduct at the Smithsonian Tropical Research Institute in Panama Located on an island in the Panama Canal, the is the Smithsonian Institution's only research facility outside the Herre has denied ever engaging in anything approaching sexual harassment or retaliation, and dismissed one accuser's claims as 'perceived personal slights where none were intended,' according to BuzzFeed. Two female researchers claimed that Egbert Leigh, a former emeritus staff scientist who retired from in 2019 after 50 years, sexually harassed them. The alleged misconduct was said to have consisted of making sexually charged comments about 'pleasuring' his wife, pressing his body against a female colleague, and telling a group of scientists that one of them was causing him to get an erection. Unlike the other two accused men, Leigh - described by one colleague as 'an old- fashioned lecher' - admitted to acting inappropriately and apologized 'for the hurt and discomfort my behavior caused,' he told Buzzfeed News. +9 View gallery +9 View gallery Looking for inspiration? 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BuzzFeed reported, citing internal emails and complaints, that past directors did little beyond issuing warnings or imposing restrictions meant to keep male scientists accused of misconduct apart from their accusers. 'We are sorry if anyone has experienced harassment at and are grateful for those who have come forward to tell us of their experiences,' current director Joshua Tewksbury told the outlets without addressing any of the specific claims. 'We take this responsibility very seriously and we have clear protocols in place to investigate and address people\u2019s concerns as they arise.' Meanwhile, seven of the female accusers said they have stopped visiting the site because of the rampant unprofessional conduct they have either experienced personally or witnessed there. Three women said that a male colleague they complained about has retaliated against them by withholding research data from them, or refusing to hand over samples needed for their projects. ---------------------------------------------------------------------------------------- ---------------------------- The women scientists who have identified themselves after accusing trio of senior male researchers of sexual harassment Sarah Batterman, an assistant scientist at Cary Institute of Ecosystem Studies and associate professor at the University of Leeds, first visited as a PhD student in 2008 and met Benjamin Turner, who ran the lab that analyzed her samples. Batterman said she and Turner struck up a conversation on a tour bus while attending a conference together in Iceland two years later, and the much more senior male scientist invited her and two other young female PhD students on a trip through the country. When they returned to Panama, Batterman said Turner began taking her out for dinner and drinks, ostensibly to discuss her career and encourage her to apply for a postdoctoral fellowship. On the eve of her departure from Panama, Batterman said Turner drove her back to the hotel and asked if he could come up to her room. As the woman wrote in a complaint to last year, she repeatedly refused, but Turner 'would not take no for an answer.' Her dad acted with Cameron Diaz before landing Schitt's Creek and mom was on SNL... who is this nepo kid? All the stars wearing see-through dresses with no bra, from Bianca Censori and Kim Kardashian to Paris Hilton Where is Javine now? Inside her life away from public eye after narrowly losing out on a place in Girls Aloud and seeing career plummet following affair with Harvey I'm a hospice nurse and I'm always asked about the afterlife - here's why believe there is one Single mother thought she'd found her dream man but after Googling his name while on a romantic getaway together, she discovered a different reality 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 6/48 started to worry about all the opportunities that could lose if lost his support and felt powerless, so eventually gave in,' she said. The two scientists met again at Turner's suggestion at a conference in Arizona, where Batterman said the male academic pressured her to have sex after heavy drinking. Then in 2011, while the two attended another conference, this time in San Francisco, Batterman claimed that Turner anally raped her after she passed out drunk in a hotel room. Following that encounter, Batterman said she told Turner, who was married and had no plans to divorce his wife, that they had to stop seeing each other because it was 'unhealthy and upsetting.' Batterman claimed that over the next five years, Turner got back at her by withholding data they had jointly collected. The female scientist only got the data set earlier this week after involving a lawyer. ---------------------------------------------------------------------------------------- ----------------------------- Maga Gei also met Turner at the conference in Iceland in 2011 and claimed that he gave her a wet kiss near the mouth without consent and invited her to his room, but she shook her head no. When Gai arrived at as a fellow two years later, she said Edgar Allen Herre one day showed up on her doorstep announced, asking her to help him organize an event. At a later time, she claimed that he gave her a wet kiss near the mouth. Gei left the island in 2013 and has since left the world of academia, opting to work in communications. ---------------------------------------------------------------------------------------- ----------------------------- Meg Carfoot, an anthropologist, said that her relationship with Egbert 'Bert' Leigh began with a conversation over drinks in his field house, which he called his 'chambers,' during which the academic allegedly made an off-color joke about 'pleasuring' his wife during an earthquake, which Carfoot found 'uncomfortable and inappropriate.' Leigh, who became Carfoot's sponsor during a three-month fellowship, often invited her over for drinks, and would have 'explosive reactions' if she were to rejected his invitations. When Carfoot returned to in 2008 as a postdoctoral researcher, she said she became Leigh's occasional chauffer. She said other young female researchers were expected to shop and cook for the elderly scientist, who had recently lost his wife. Carfoot said that during her stay on the tropical island, the widowed Leigh 'confessed' to her that he was madly in lover with her and wanted to marry her. She turned him down. In 2010, Carfoot said she rented an apartment in Panama City just to get away from Leigh. She complained about Leigh's behavior to then director Eldredge Bermingham, who barred the scientist from staying on the island on weekends, or host fewer than three people at any given time at his field house. Revealed: The Google interview question that everyone gets wrong - so, can tackle it? Channing Tatum, 44 romance with girlfriend Inka Williams, 25, as they pack on the at the pre-Oscar party thought nodding off in front of the was normal. But it was a sign of disease doctors said could kill me at any moment Tired George Clooney, 63, steps out with wife Amal, 47, in after sharing parenting struggles The Traitors star Linda reveals big return, shares the one reality show she wants to join and insists she would have betrayed Minah Vatican issue major health update on Pope Francis, 88, after he was put on ventilator while battling double pneumonia Insane drone footage shows the heart- stopping moment senior Al-Qaeda leader is taken out in airstrike This Morning's Sian Welby reveals her accent has held her career back - and how she lost out on jobs to reality stars Covid prophet who predicted pandemic before it spread reveals the terrifying next 'big one'... and when it could hit Stoning, shooting and pushing a onto criminals: Horrific methods of execution the Taliban has introduced to Afghanistan since implementing sharia law 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 7/48 Anthropologist Meg Carfoot claimed that former emeritus staff scientist Egbert Leigh told her he was madly in love with her and wanted to marry her Tana Wood complained to an director in 2018 after hearing from young researchers about Benjamin Turner's allegedly inappropriate conduct But as staff, including directors, came and went over the years, the restrictions on Leigh eventually had fallen by the wayside. He retired form in 2019, not long before another researcher filed a sexual misconduct complaint, resulting in his emeritus status being stripped from him. ------------------------------------------ ------------------------------------------ --------------------------------- Tana Wood, a research ecologist with the Forest Service, began raising alarms about Benjamin Turner in 2016, when she said she observed the scientist trying to invite a female student on a sightseeing trip in Europe. Around that time, Wood met a student who complained that older colleagues, among them Turner, were acting inappropriately towards her and other young researchers at a conference. Alarmed, Wood began sending emails and speaking with leaders at the Forest Service International Institute of Tropical Forestry. When Wood heard a talk given in 2018 by a University of Puerto Rico professor who described sexual harassment in science as a 'loud secret,' she broke down in tears, and later approached then director, Matthew Larsen, telling him about Turner's alleged conduct. Larsen was concerned and asked Wood to forward him any future complaints about Turner. by 2020, three women had come forward, accusing Turner of harassment and retaliation. ---------------------------------------------------------------------------------------- ----------------------------- Katherine Sinacore, who was doctoral fellow at in 2014, said she was sharing a field house in the forest with tow other interns. Her room had no lock, and she used a rock to keep the door closed. She said one night, one of her roommates forced his way into her bedroom and sexually assaulted her. She reported the incident to STRI, who referred her to the local police. Sinacore never heard of any arrests taking place. +9 View gallery We were fighting for our pub's survival after Rachel Reeves' budget - then a villager who lives a away made a noise complaint and all our hard work could b... I'm 105, this is the one life lesson I've always lived by that keeps me young PLATELL: Kate and Wills need a recipe for the magic of monarchy HITCHENS: Trump's White House tirade can be for the world - if we're prepared to heed it Is your home trashy? Top interior designer names the three trends for good - and the unexpected style skyrocketing in popularity 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 8/48 Katherine Sinacore said she was sexually assaulted by a fellow intern in 2014 Former intern Ellen Dyer said she was sexually assaulted by an chef, who was allowed to keep his job 48 shares Share or comment on this article: Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct Sinacore asked to put locks on doors, but more than a year later, there was still no locks. ------------------------------------------ ------------------------------------------ --------------------------------- Ellen Dyer, who in 2018 was a 21-year- old intern researching spider monkey on Barro Colorad, said she was dancing at a party at STRI's cafeteria when a chef grabbed her bottom and pressed his erect penis against her. Although Dyer said she rejected his advances, he allegedly followed her to her room and forcibly kissed her before she managed to get away from him. In her complaint to detailing the incident, Dyer said she stopped going to the cafeteria for fear of encountering the chef and experienced a panic attack panel was convened to investigate Dyer's claims. During interview, the woman said she was asked about how much he had had to drink that night, what she had been wearing, and why she was found herself alone with the chef. The chef was ultimately suspended for two months, but he was allowed to keep his job. Colorado Zelensky's savage explanation for not wearing a suit to the Oval Office after he was branded 'disrespectful' As he revealed his micropenis blurted a four-word 'Barbie slur'... but that wasn't even his biggest issue, by DIARY: Just two weeks after we met, there was a red flag, flapping away in a hurricane... 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Steve Wright's family 'embroiled in a toxic feud as his elderly father, 94, marries carer 43 years his junior' - a year after the radio DJ's death 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 11/48 Bizarre moment binman flings wheelie bin into dustcart Zelensky responds to question over why he does not wear suits Trump shakes hands with Zelensky at the White House Trump and Vance reprimand 'disrespectful' Newest Oldest Best rated Worst rated Comments 6 Share what you think The comments below have been moderated in advance. alphasavage, Los Angeles, United States, 3 years ago If that program has no merit, it should be shut down. The rapists should be in jail. Click to rate 255 37 State of Trance, Blairsville, United States, 3 years ago I'll wait until there's an admission of guilt or a guilty verdict before passing judgment. 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(Hint: one was in Speed) Lady Victoria Hervey is mugged for her phone in lawless London by thug on an e-bike Zoe Saldana is the epitome of class in a plunging lace dress as she joins glamorous Julia Roberts at the Cesar Film Awards in Paris First look at Tom Hardy leading a star- studded cast in Guy Ritchie's new gritty crime series MobLand Irina Shayk turns heads in a figure hugging floral dress during Milan Fashion Week Gwyneth Paltrow's wordless tribute to former costar Gene Hackman after Oscar- winning actor's shock death Anne Hathaway and Josh Hartnett look in love while holding 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 24/48 hands as they shoot movie from It Ends With Us author Gordon Ramsay finally breaks his silence on Gino D'Acampo allegations after their show was cancelled Love Island's Curtis Pritchard reveals shocking X-rated message girlfriend Ekin-Su Culculoglu sent him before their All Stars stint Emmerdale actor Liam Fox reveals secret cancer battle after waiting eight years for treatment Kate Hudson, 45, panned after embarking on new career Naomi Campbell, 54, looks effortlessly chic in fur coat and trilby hat as she enjoys shopping spree for her kids during Milan Fashion Week Victoria Silvstedt puts on a sizzling display in a silver mini dress as she's seen for the first time rehearsing her Eurovision 2025 Swedish performance Julianne Hough showcases her toned body in a skimpy bikini in highlights from vacation in Mexico Prince Harry and Meghan Markle hire new head of communications days ahead of the release of the duchess's new Netflix show Jessica Lange makes it to the Glasgow Film Festival red carpet after surprising fans at Scottish airport when she was caught up in flight delays Gabrielle Union breaks her silence on husband Dwyane 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 25/48 Wade's 'traumatic' cancer diagnosis Gene Hackman's shock four word response to Liza Minelli during frosty filming resurfaces after tragic death Jacqueline Jossa is seen for the first time since she hit out at fast fashion brand In The Style and asked to be 'paid what she is owed' as retailer 'faces administration' Blake Lively hires CIA's former deputy chief of staff in bombshell twist amid Justin Baldoni legal battle Gene Hackman's daughters are seen going on a breakfast run to Denny's a day after their father and his wife's dead bodies were found Michelle Trachtenberg's boyfriend Jay Cohen, 63, was a 'huge support' to her before her shocking death at 39 Texas singer Sharleen Spiteri says she receives 'homophobic abuse' despite not being gay Blake Lively's 'playful' temper tantrum on red carpet goes viral in resurfaced clip amid It Ends With Us scandal Razzies 2025: Lady Gaga and Joaquin Phoenix named worst screen duo while Dakota Johnson and Jerry Seinfeld 'win' big Sobbing Bargain Hunt star Charles Hanson says can finally live my life' after 'tormentous ordeal' as he's cleared of abusing wife 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 26/48 War of the nepo babies! Sofia Coppola's daughter Romy Mars attacks Alabama Barker in cutting TikTok take down Millie Bobby Brown, 21, claps back at trolls who accuse her of looking like a middle- aged woman Gene Hackman investigators give update on mummified star's surviving dogs Halsey strips down for BDSM-themed music video which sees her self-pleasure, get spanked and use a woman's body as a coffee table Joan Collins confirms Isabella Rossellini has joined the cast of her Wallis Simpson biopic The Bitter End and teases more big names to be announced star his own chat show after just two series as he admits there is no space for him in a 'congested' market Pregnant Anne-Marie shows off her baby bump for the first time in public after revealing she's expecting her second child with husband Slowthai Why Michelle Trachtenberg 'stepped back from Hollywood' in years before shock death at 39 Paloma Faith recalls hosting chaotic dinner party where she 'nearly killed' Alan Carr as well as Adele's pet dog! Ant and Dec pull hilarious prank on Simon Cowell as he drives Britain's Got Talent golden buzzer mobile Love Island's Curtis Pritchard, 29, and Ekin- Su Culculoglu, 30, passionately kiss as 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 27/48 they head out for a romantic date night at a lavish Michelin star restaurant in London Keira Knightley looks elegant in a strapless dress while Shanina Shaik flashes her sideboob in a racy ensemble at Tod's Milan Fashion Week show The Chase's Mark Labbett enjoys lunch date with Sports' Emma Louise Jones - nine months after 'traumatic' split from Hayley Palmer actor Eric Christian Olsen, 47, and wife, 41, expecting 4th child after losing home in fires Julia Roberts steps back in time as she recreates her iconic 1990 Golden Globes look in stylish grey suit as she receives the Order of Arts and Letters award in Paris Disney vet Skai Jackson, 22, shows off her post-baby body after giving birth Molly-Mae Hague looks glum as she fills up her \u00a3200k G-Wagon ahead of Tommy Fury's tell-all documentary Beloved 1970s children's star dies aged 77 after a long health battle James Corden cuts a suave figure as he steps out after performing in quirky immersive West End show which Brie Larson and Rylan Clark attended 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 28/48 Shrek fans criticise new version of animated green ogre saying he looks like he's had 'lip filler and Botox' as new teaser for fifth movie is released Penny Lancaster claims Mohamed Al- Fayed once offered her his and says she and husband Rod Stewart will 'never go near Trump again' despite partying at his house for years Gene Hackman 911 call reveals barking, sobbing and cursing after star and wife were found mummified Millie Bobby Brown, 21, claims Gwyneth Paltrow, 52, is her latest muse as she wears Hollywood star's iconic 90s gown - after fans said she looks a 'decade older' Dragon's Den viewers have 'tears in their eyes' after contestant secures 'best deal' ever in emotional episode The Apprentice star Jana Denzel reveals the reason he quit the show amid racism row Alison Hammond and Josie Gibson break down in tears on This Morning boss Martin Frizzell's last day as he quits to spend more time with Alzheimer's- hit wife Fiona Phillips See more versions Metro \u00b7 5hrs ago Millwall fans chant \u2018let him die\u2019 after horror tackle on Mateta\u2026 See more versions The Telegraph \u00b7 3hr Pope Francis 'resting' after setback in pneumonia recovery,\u2026 See more versions Evening Standard 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 29/48 FedEx Boeing 767 makes emergency landing after engine\u2026 See more versions Evening Standard \u00b7 WHSmith brand to from British high streets as firms bid\u2026 See more versions The Sun \u00b7 2hrs ago St David's Day: Prince William speaks Welsh praising Wales See more versions \u00b7 5hrs ago Met Office forecasts sunny start to spring with hotter than Spai\u2026 See more versions Metro \u00b7 1hr ago Five teenagers arrested after 17- year-old boy stabbed 'at party' i\u2026 See more versions Sky News \u00b7 56mins Former Juventus star dies aged 32 after lengthy battle with lung\u2026 See more versions The Sun \u00b7 5hrs ago Foreign Office warning after people die at popular destination See more versions Wales Online \u00b7 7hrs Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail The Wire's Clarke Peters hits out at colour-blind casting in factual dramas and argues it would be 'absurd' for Dominic West to play Ugandan dictator Idi Amin How Gene Hackman's wife kept him hidden away during final years, as couple's secret signal is revealed Breakfast's Charlie Stayt forced to issue an apology after huge blunder discussing the late Gene Hackman Beaming Nicholas Hoult cosies up to wife Bryana Holly as they lead the stars in attendance at the Lakers game in Los Angeles Who's set for Oscars glory? Demi Moore and Adrien Brody prepare to battle it out for Best Acting roles as movies Anora and The Brutalist go head-to-head Mystery deepens as Gene Hackman and his wife's autopsies are 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 30/48 completed - and doubts grow over smiling daughter's carbon monoxide theory Coronation Street is pulled from screens in another schedule shake-up The cast of a cult 2000 film starring Tyra Banks has reunited after 25 years... can you guess the movie? Hairy Biker Si King pays emotional tribute to his late co-star Dave Myers on the one year anniversary of his tragic death Sex And The City star Sex Kristin Davis reveals surprising reason she did not want to break up with Alec Baldwin Elle King welcomes her second baby with partner Daniel Tooker as they give the child an unusual name Jessica Biel under fire for boasting about Justin Timberlake's tour after he canceled last gig because of 'flu' Good Morning Britain's Kate Garraway forced to interrupt show just minutes in after technical blunder Dramatic Coronation Street trailer sees David Platt on the verge of death as he is mowed down in horrifying car crash Meet Rod Stewart's other son you've never heard of... and he's taken a very different career path to his older brother Sean after reality star checked into Malibu rehab facility 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 31/48 Wills at work! Prince of Wales plants shrubs and learns how to build boats as he launches scheme to combat homelessness in Poole Davina McCall reveals she was comforted by the spirit of her late father after gruelling brain surgery Florence Pugh fights back tears and confesses she 'wasn't supposed to live' in emotional scenes as she discovers spooky link to her 19th century namesake Kate Moss keeps a low-profile on outing after it was revealed her luxury wellness brand Cosmoss faces a compulsory strike-off Gene Hackman's daughter breaks silence as she sheds light on her reclusive father who she hadn't heard from for Heston Blumenthal admits being sectioned was the 'best thing to happen' to him as he opens up on his 'difficult' battle with bipolar Noel Fielding debuts new bearded look as he returns to the spotlight in music video - since quitting series due to unknown 'health reason' Brandi Glanville, 52, shows off her changing face as she tries out beauty treatment amid her disfiguring skin condition woes Pop star channels Sharon Osbourne in uncanny fancy dress outfit - but can guess who it is? = TOWIE's Livvy Jay sends pulses racing in a lacey catsuit as she joins fellow cast members for a meal in a lavish Essex restaurant sex EastEnders' Stacey Slater breaks down in tears while Bex Fowler 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 32/48 makes her return as the emotional Albert Square residents gather at Martin Fowler's funeral Josie Gibson hobbles on crutches and reveals shock holiday injury that left her in 'excruciating pain' as she returns to This Morning Nicole Scherzinger shows off her washboard abs in tiny black bikini and sarong by the beach while enjoying holiday in Hawaii Will Meghan finally get an Oscars invitation - after ditching acting for good? Duchess's Netflix deal could see her make 'power move' show on the red carpet, says expert Millie Bobby Brown continues to dress years beyond her age in mature gown at film premiere It's showtime! Dazzling debutantes and glamorous guests party until the early hours at the 67th Vienna Opera Ball How Gene Hackman drifted apart from his children as he carved a name for himself in Hollywood, leaving his son and daughters struggling to live in his shadow The Chase viewers left stunned claiming contestant looks like This Morning presenter Dermot O'Leary Ben Affleck and son Samuel share a sweet bonding moment during the Lakers star- studded game as Timoth\u00e9e Chalamet watched intently Emily Ratajkowski flashes her taut tummy in a red mountain jacket while attending North Face anniversary dinner in 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 33/48 The Apprentice star Jana Denzel dramatically the series in racism row after he used word 'coloured' to describe a black person Steven Bartlett leaves chronically-ill Dragons' Den entrepreneur in tears after offering her a chance to visit his London office Coronation Street actor's deluded UFO- obsessed brother is jailed for subjecting him to terrifying hate campaign over \u00a3200,000 family feud BOSHOFF: Jim Morrison's death sparked conspiracy theories - but is this new evidence the ultimate proof he fake his own death? Nepo baby, 20, looks trendy as she attends The North Face dinner in New York... but can guess who her very famous parents are? Heidi Klum's daughter Leni looks incredible in sequin dress as she attends the first Vienna Opera Ball since death of controversial billionaire Gemma Collins debuts her natural hair after ditching extensions and wears a colourful lace tracksuit as she attends beauty salon launch Revealed: How 'Giddy' Meghan is swarming rival Kate with 100,000 bees in her Montecito garden! The duchess even has a master beekeeper buzzing around... Lila Moss looks effortlessly chic as she leaves Milan Fashion Week's Ray Ban party arm-in-arm with 'Leonardo DiCaprio's friend' Gene Hackman's modest Santa Fe life: Retired actor was an 'unassuming' and beloved customer at local hotspots Coronation Street legend reveals the time he was caught in his 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 34/48 father's bed with girls PrettyLittleThing fans baffled as brand wipes social media accounts after Jacqueline Jossa called out their rival In The Style for 'not paying her' Will Smith explains the meaning behind song First Love as he appears to take jibe at wife Jada Pinkett Ice Spice looks incredible in an ab- flashing shirt and leather trousers as she attends the Ray-Ban party during Milan Fashion Week Antiques Roadshow guest shocked by eye- watering value of \u00a32 charity shop vase she was going to 'dump' The Apprentice star Jana Denzel parties the night away at his final watch party after dramatically quitting the series amid racism row Fans furious as Justin Timberlake cancels concert just 12 before showtime amid trainwreck 'world tour' Abbey Clancy and Peter Crouch reveal strict rule they enforce on their four kids to 'improve behaviour' Gene Hackman's 'mysterious' death leaves Oscars team 'scrambling' to put together tribute Janet Jackson, 58, shows off her incredible weight loss and age-defying looks in a stunning Instagram snap 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 35/48 Jane Fonda, 87, admits she still hasn't spoken to Sydney Sweeney, 27, about the Barbarella remake but will share her ideas 'if she asks' Kate and William 'not that interested in the fame and celebrity that comes with' being a royal, claims couple's former aide Kevin Costner gets choked up revealing emotional exchange with Gene Hackman in resurfaced interview Selma Blair takes on boxing with legendary trainer Freddie Roach as she continues to battle Noel and Liam Gallagher reunite at lavish London hotel with surprise peacemakers as they prepare to embark on Oasis reunion gigs The real reason Gene Hackman quit Hollywood at the peak of his career swapping it for a reclusive life in New Mexico Lizzo drops first new song in two years as she unveils 'new era' of music after controversy Jeremy Clarkson delights fans as he shares major update following the closure of his Diddly Squat Farm Shop Kylie Jenner's ex Tyga unveils surprising new romance The pair split eight years ago. Bleary-eyed Justin Bieber puffs 'joint' on video in defiant act after worried fans begged him to get help for the sake of his baby son Michelle Trachtenberg's haunting premonition 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 36/48 after Matthew Perry's death Kim Basinger breaks silence on co-parenting with Alec Baldwin and his second wife Hilaria 18 years after 'little pig' jibe about their daughter Ireland MasterChef is put on the back burner as bosses feel they have 'no other option' amid Gregg Wallace's 'sexual misconduct' sex probe Tyra Banks is a busty bombshell as she steals the show from Cynthia Erivo and Zo\u00eb Kravitz at star-studded gala in Los Angeles Kourtney Kardashian and Kendra Wilkinson blasted for publicly supporting dumping toxic fire waste into disadvantaged communities Charlotte Crosby breaks her silence on In The Style pay row as she hits out - after Jacqueline Jossa demanded to be 'paid what she's owed' Alison Hammond rakes in huge five- figure sum from lucrative deals Tatum O'Neal claims Richard Burton propositioned her on set of their 1981 film when she was a teenager and he was 54 Joshua Jackson's ex Jodie Turner-Smith sparks romance rumors with Emily Ratajkowski's hunky musician pal Gene Hackman's wife Betsy Arakawa kept him on a 'strict diet' before their mysterious deaths, late star's pal claims From murder allegations to pub bans 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 37/48 and a death hoax: The troublesome lives of the BBC's Eggheads Five... 25 years on! Boyband look dramatically different ahead of new tour - and fans are shocked by what Jason 'J' brown looks like now Coleen Rooney turns heads in a sexy sheer sex lace gown as she joins husband Wayne at star- studded charity ball Sam Fox wishes her late partner Myra Stratton a 'happy heavenly birthday' as she pays tribute on her would be 70th Former In The Style Adam Frisby breaks silence over 'staff being made redundant without pay as retailer faces administration' Gordon Ramsay is supported by his glamorous wife Tana and daughter Holly as he opens four new restaurants in London Emily Atack makes a rare appearance with boyfriend Alistair Garner at the opening of Gordon Ramsay's new restaurant Amber Gill shows off her jaw-dropping figure in a pink bikini as she soaks up the sun in Bali Anne Hathaway looks tense on movie set of Colleen Hoover's next book adaptation amid It Ends With Us legal drama Kathy Griffin makes rare remark about her ex Jack Black as she reveals gross moment during their fling 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 38/48 Amelia Gray Hamlin turns heads in a dramatic leather gown as she walks the runway at Roberto Cavalli show during Milan Fashion Week Romeo Beckham looks stylish in a leather biker jacket as he heads out in Milan during Fashion Week Brian Cox shares a sweet kiss with wife Nicole in rare as they attend the press night after-party for their West End show The Score 'Angry' Gene Hackman's volatile meltdown on set exposed by Under Suspicion writer Gene Hackman and Betsy Arakawa were found at mansion with pills strewn in bathroom Zara McDermott kicks a leg in the air in bikini- clad beach snap as she wraps filming for new series in Thailand Khloe Kardashian asks Malika Haqq point blank if she slept with her brother Rob 'behind her back' Sarah Beeny gives her refreshing verdict on the 'nepo baby' discourse - after her sons formed a successful band with her husband reviews The Last Showgirl: Pammy razzle dazzles as an ageing Vegas showgirl Kourtney Kardashian joins Kendra Wilkinson as they protest disposal of toxic wildfire waste at Calabasas landfill 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 39/48 Pia Whitesell shares her guilty pleasure - and it's surprisingly affordable Jonathan Majors plots Hollywood comeback kissing fiancee Meagan Good after assault scandal reviews Bergerac on U&Drama: Bergerac's back, but now he's a train wreck who's sozzled every night... Aimee Lou Wood and Jodie Whittaker meet with the real-life Toxic Towns mums as one fights back tears remembering her daughter's tragic death Zendaya lands major role in 5th Shrek film with Cameron Diaz and Mike Myers... see what her character looks like Michelle Trachtenberg's cause of death will never be known after family's dramatic move Hip-hop music industry legend, 56, sued for allegedly sexually assaulting a sex former employee Iconic 90s sex sex symbol, 66, joins Euphoria season 3 alongside Sydney Sweeney and Zendaya That 70s Show star Wilmer Valderrama, 45, and fiancee Amanda Pacheco, 34, expecting baby no. 2 THRILLS: Is all-singing, all-dancing Tate the new Britney Spears MARMION: It's gags galore from three comic legends THAT! 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 40/48 Lily James wows in a skimpy black bikini and shows off her impressive surfing skills as she shares video montage of her sun-soaked getaway Barbra Streisand pays tribute to Gene Hackman with sweet snap of the pair after his tragic death aged 95 Creamfields announce line-up for 2025 after revealing Anyma and David Guetta will headline this year's festival star who loathed the limelight, Gene Hackman and his wife lived as recluses for decades in their sprawling mansion - watching comedy Bebe Rexha reacts to cruel troll who said she looks like she 'ate Lizzo' Chris Martin arrives at new luxury studio near $14M Malibu home raising eyebrows over his eco-warrior image Mel Gibson blasts Governor Gavin Newsom for not 'giving a damn' about California as he supports recall effort Bob Dylan mystifies fans with Machine Gun Kelly post that even leaves the rapper in shock Kelly Rutherford attends Roberto Cavalli Milan Fashion Week show - hours after paying tribute to Gossip Girl co-star Michelle Trachtenberg Love Island's Molly Smith shows off her taut abs as she and boyfriend Tom Clare 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 41/48 enjoy double date with Casey O'Gorman and Gabby Allen Gene Hackman's Unforgiven co-star Clint Eastwood pays emotional tribute to star after his shock death at 95 Cops probe new theory on Gene Hackman's final moments - as more details emerge over death of 'reclusive' actor and wife Prince and Princess of Wales 'increase authentic flirt rituals, looks of love and playful amusement', body language expert reveals Drake enjoys a lavish welcome home party in Toronto as mystery surrounds why he cancelled his remaining Australian tour dates CONFIDENTIAL: Locals hit out at plans to fell trees at George Michael's London home Amanda Holden, 54, wows in a skimpy leopard print bikini as she poses on a car bonnet in sizzling throwback holiday snaps star Gary Lineker defects to rival for new show which will see him questioned by autistic interviewers Princess Eugenie breaks her silence on Michelle Trachtenberg's death with touching tribute to her 'special friend' Chris Hughes dead aged 77: Eggheads star dies as show pays tribute to 'great' quizzer who also won Mastermind 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 42/48 Damning verdict on new drama hailed as 2025's Peaky Blinders - as it's branded 'a bit desperate' Real Housewives star slams 'entitled' Katy Perry for ruining her father-in- law's dying mansion wish in heartbreaking update on his health Rob Kardashian's ex Blac Chyna shares shock update on where she stands with the family after $100M lawsuit Reading and Leeds Festival 2025 announce 30 new names joining Travis Scott and Chappell Roan on star-studded line-up Distressing Gene Hackman 911 call reveals moment actor and wife Betsy Arakawa were found dead - as new details emerge Prince William pays tribute to Gene Hackman as 'true genius of film who brought each and every character to life' Michelle Trachtenberg 'knew death was a high possibility' says friend who FaceTimed with actress in hospital Perry Mason actress Olive Sturgess dead at 91: She also worked with Jack Nicholson and Roger Moore Wendy Williams smiles from her assisted living facility amid wild ongoing guardianship battle Mindy Kaling admits feeling 'guilty' about kids' parties after revealing Meghan Markle's parenting advice Sarah Michelle Gellar breaks her silence on death of Buffy The 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 43/48 Vampire Slayer costar Michelle Trachtenberg EastEnders star Samantha Womack co-star Rita Simons' face at mini cast reunion amid soap's 40th anniversary Morgan Wallen addresses Nashville arrest and being his 'own worst enemy' in vulnerable song dedicated to son Pregnant Michelle Keegan cuts a laidback figure as she conceals baby bump in tan trench coat after dazzling in trailer for Ten Pound Poms' second season Amy Robach and T.J. Holmes's exes move in together as they take romance to the next step Shaughna Phillips poses in a bright red bikini as she shows off her whopping 5 stone weight loss . 'We've all had our tears': Drag stars honour The Vivienne with dance tribute celebrating their legacy after death aged 32 'Finished in style': Eggheads star Chris Hughes' final appearance on beloved quiz show as he dies aged 77 Justin Timberlake's flop era: Slow ticket sales to trainwreck tour amid struggle to repair 'golden boy' image Meghan shares first clip of her new Netflix show and says we are 'all multifaceted folks' while sharing her 'love for Karaoke' with 'fellow Angeleno' Roy Choi Michelle Trachtenberg's 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 44/48 dramatically changing face, from cute kid to glam girl to suddenly ill, as she dies at 39 As pop legend's son Sean Stewart checks into rehab... Rod may be the only man who can save the dorky but troubled guy got to know Diddy is accused of sodomizing male sex sex worker and threatening to 'Tupac' him after rapper's lawyer quits case Taylor Swift fans go wild as Travis Kelce's retirement decision is finally confirmed Kimberley Garner sends temperatures soaring in a skimpy green bikini as she poses for sizzling snaps First look as Claudia Winkleman replaces Graham Norton on his legendary talk show during his extended break Kourtney Kardashian, 45, reveals how long she plans to continue breastfeeding son Rocky, 15 months Stylish star is seen in rare childhood throwback snap as she shows her fashion sense runs in the family - but can you guess who it is? Chris Pratt reveals he's had a lung infection after the birth of three of his children thanks to bizarre ritual with father-in-law Arnold Schwarzenegger Michelle Trachtenberg's tragic final years: Actress, who was child star and anti-drugs and alcohol 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 45/48 campaigner, was 'struggling' Kanye West and Kim Kardashian's ex The Game twin in black hoodies while leaving recording studio Mindy Kaling recalls 'heartbreaking' exchange between her ex B.J. Novak and daughter Katherine Jay Leno hits back at Monica Lewinsky's claims he 'targeted her' over President Clinton affair interviewed Blake Lively and was shocked at what she said about working with Anna Kendrick, writes Doctor Who Christmas special 'set to be scrapped' for first time in six years - amid fears Ncuti Gatwa is 'poised to leave show' Today's headlines Most Read Revealed: The nine words that triggered historic blockbuster clash between Zelensky and Trump - as world... Georgia Toffolo is married! Made in Chelsea star and BrewDog founder James Watt to Scotland as they chief issues sharp warning to Zelensky after car crash Trump talks Final proof Jesus buried in the Shroud of Turin? New audit by top expert uncovers dossier of irrefutable DIARY: Just two weeks after we met, there was a red flag, flapping away in a hurricane... King Charles will meet Zelensky before crunch London meeting on future of Ukraine - as war leader licks his... 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Thought police strike again: Two officers quiz grandfather, 73, for an hour at home after he called his... Why Britney Spears is refusing to cast 'desperate' Millie Bobby Brown in her biopic Resurfaced Meghan Markle footage shows Duchess of Sussex breaking royal protocol during the awkward MOONEY: My cheating ex made me mistrust all men - does 'for ever' love really exist? Jill Halfpenny enjoys romantic Paris holiday with her new flame as she discusses finding love again after... 'Prince Andrew threw off his bathrobe and jumped on the table': Shocked masseuse reveals bizarre encounter... Revealed: The two cities with the lowest life expectancy for men and women - as locals blame cheap booze and... Horror as huge FedEx aircraft into gigantic fireball just moments after takeoff Gene Hackman's close friend breaks silence on conspiracy theories about his and wife's deaths Boarded-up house with horror movie-style 'keep out' painted warnings is set to fetch \u00a3325,000 at auction -... 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Adorable moment King's Guard breaks protocol when blind 8-year-old boy salutes him Zelensky's savage explanation for not wearing a suit to the Oval Office after he was branded 'disrespectful' Disabled pals horrified after Indian restaurant refused to serve them as owner decided they looked 'too ill... Who is Fearne Cotton's new man Elliot Hegarty? Meet the director who 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 47/48 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies swept the star off her feet after... As Putin threatens the West and world politics spirals out of control, expert reveals how you can rebuild... Insane drone footage shows the heart- stopping moment senior Al-Qaeda leader is taken out in airstrike How could live in a luxury London 17- bedroom home for just \u00a3550-a-month... but there's a catch George Clooney, 63, looks weary while out with glamorous wife Amal, 47, in after sharing parenting... Stoning, shooting and pushing a onto criminals: Horrific methods of execution the Taliban has... Top tips for mind-blowing sex even if your partner has a tiny package, by sexologist We were fighting for our pub's survival after Rachel Reeves' budget - then a villager who lives a away... Woman who hasn't been able to eat anything for 10 years reveals heartbreaking symptoms that led to terminal... Revealed: The Facebook groups used by men to father of children by illegally selling tubs of sperm... Resurfaced video shows Meghan Markle subtly ignoring Prince Harry and his nudges as they pose for a... Blinded and disfigured in a famous acid attack freaked everyone out with what did next I'm 105, this is the one life lesson I've always lived by that keeps me young know why childfree Kelly Brook's mum friends have dumped her ditched my pals who don't have children... Prince William shocks royal fans as he delivers St David's Day message entirely in Welsh weather latest: Sun will stay for whole weekend after was hit by fog on first day of new season - and Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 3/1/25, 10:42 Smithsonian Tropical Research Institute is under fire as 16 women scientists claim sexual misconduct | Daily Mail Online 48/48", "8817_104.pdf": "Sexual harassment and assault during fieldwork ( during-fieldwork/) Reports find that attacks on women are a serious problem at scientific stations in Antarctica, while workshops advise on how to better plan expeditions to prevent assaults Francesco Carta / Getty Images exual harassment and assault are chronic and persistent threats to women working at research stations in Antarctica, according to two reports released in the and Australia. The National Science Foundation (NSF)\u2014the USA\u2019s leading basic research-funding agency\u2014announced the results of a survey that involved interviews and focus group discussions, as well as questions answered online by scientists and support staff who worked at the country\u2019s research stations on the frozen continent from 2018 to 2020. In the poll, 72% of women cited sexual harassment as a problem in the community, compared to 48% of men. Regarding sexual assault, the rates were 47% for women and 33% for men. The report includes quotes from the statements given by respondents, without revealing their names. \u201cEvery woman knew down there had an assault or harassment experience,\u201d said one. In 2013, a code of conduct was instituted at stations that expressly prohibits physical and verbal abuse, bullying, hazing, and intimidation. But the perception is that the rules are not always enforced: only 26% of women and 46% of men said that offenders are held accountable. Most complaints were registered at the McMurdo Station, which receives 1,000 researchers in the summer. \u201cThe report is more shocking than expected,\u201d Helen Fricker of the Scripps Institution of Oceanography at the University of California, San Diego, who has been to the region several times, told Science mean, literally, people talked about being raped.\u201d Roberta Marinelli, head of the NSF\u2019s Office of Polar Programs, told Science the agency was surprised: \u201cWe are still working to try to understand how we got to this point and how we move forward.\u201d Another survey, commissioned by the Australian Antarctic Division and released in October, reached converging conclusions. Produced by sociologist Meredith Nash of the Australian National University, the 32-page document contains reports of sexual harassment, unwanted physical contact, sharing of offensive or pornographic material, sexist jokes, and more at the country\u2019s four research stations. It also highlights problems experienced by women during their periods, such as a lack of privacy and poor distribution of sanitary pads. In a statement, David Fredericks, secretary of Australia\u2019s Department of Climate Change, Energy, the Environment and Water, described the report\u2019s findings as \u201cdisappointing and unacceptable\u201d and said that some of Nash\u2019s recommendations were now being implemented, such as increasing the number of women working at the stations. The complaints from Antarctica follow a familiar pattern for episodes of sexual harassment and assault on scientific expeditions in remote locations, where scientists and students spend 24 hours a day together and the boundaries between work and personal life often become blurred. In 2016, American paleoanthropologist Brian Richmond resigned from his position as curator of the Human Origins section of the American Museum of Natural History in New York after being accused of attacking a student at a hotel in Florence and allegations of inappropriate behavior during fieldwork in Kenya (see Pesquisa issue no. 251). In 2021, a BuzzFeed article recounted the testimonies of 16 women who worked at the Smithsonian Tropical Research Institute on Barro Colorado Island, Panama, a laboratory in the middle of the jungle where more than a thousand people carry out studies on climate change, biodiversity, and evolution. The reports, which detailed sexual harassment by scientists in senior leadership positions, included names such as evolutionary biologist Egbert Leigh and ecologist Edward Herre. Benjamin Turner, former head of the institute\u2019s geochemistry lab, was accused of rape in 2011 by Sarah Batterman, now at the University of Leeds, UK. Turner told BuzzFeed that all the relationships he had with colleagues were consensual. In an effort to curb sexual harassment and assault, stricter behavioral standards for expeditions to remote locations and channels for reporting misconduct are being created. But there are suspicions that many cases are never reported 2014 study in the journal by Kathryn Clancy, an anthropologist at the University of Illinois Urbana- Champaign, USA, was based on online interviews with 666 students and researchers, mostly women, who took part in fieldwork in several areas. Almost half of the participants were anthropologists, but there were also archaeologists, biologists, geologists, and others. Of the 512 women involved, 70.5% responded that they had experienced sexual harassment. But only 67 respondents said they had reported it. New approaches to tackling the problem are based on improved expedition planning to prevent situations of vulnerability and training on how to deal with possible cases. \u201cPeople have no clue what to do,\u201d said marine ecologist Melissa Cronin, director of Building a Better Fieldwork Future (BBFF), an initiative that offers workshops and training on the topic, in an interview with Undark magazine. \u201cThe goal of our training is to empower participants to create a positive environment in their field settings.\u201d Since 2018 has carried out more than 300 training sessions involving some 5,000 people. The workshops last 90 minutes and emphasize the importance of properly organizing expeditions and discussing co-living rules in advance. The topics covered range from logistical issues, such as how dormitories or tents are organized to avoid making anyone vulnerable at night, to establishing communication protocols to encourage people to watch out for one another and ask for help if they need it. Other recommendations include the adoption of rules related to privacy and to the use of alcohol and drugs. The workshop presents a list of situations that could lead to sexual harassment or assault, encouraging discussions on how to prevent or react to them. In one concrete example, participants are invited to reflect on what to do if someone drinks too much at a party on a research ship, loses consciousness, and is then privately helped by a person with whom they are not friendly or familiar. In another, they are asked to imagine a researcher on an expedition to a remote location comes to them crying at night, claiming to have been raped by the group\u2019s leader. While stressing the importance of preventive strategies, the workshops give recommendations on how to deal with critical situations, such as ensuring there is an emergency protocol for helping rape victims and preserving evidence for a criminal investigation.", "8817_105.pdf": "( ( ESTATEADVERTISINGFAQs \uf002 Sexual abuse and harrasment at the Smithsonian \ue904 December 10, 2021 ( ( Subscribe for email updates Email Address [email protected] Subscribe Now Stay up to date Type Search Our Website ( 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 1/7 Sexual abuse and harassment at the Smithsonian Sixteen scientists who worked as researchers -some in their student years- at the Smithsonian Institute\u2019s facilities on the island of Barro Colorado, in Panama, described inappropriate sexual behavior by \u201chigh rank\u201d workers and colleagues According to Buzzfeed News, based on internal emails and interviews with 25 scientists related to the operation of the Smithsonian Tropical Research Institute ), the complaints were resolved with verbal warnings or some restrictions on the workers indicated, but they all continued to work on their research and interact with their colleagues. It was not until 2020 that one of the people involved was dismissed after repeated complaints and an internal investigation. The center\u2019s director, Joshua Tewksbury, quoted in the report, assured a Buzzfeed News reporter that the accusations are treated seriously and that they have \u201cclear protocols to investigate.\u201d He added that details on specific cases cannot be provided. \u201cThe Smithsonian is committed to maintaining a safe and healthy work environment and will not tolerate any type of harassment against any member 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 2/7 of the community,\u201d the press office responded to an email sent by La Prensa after the publication. \u201cWe recognize that having strong internal policies and processes are only part of the solution. We also recognize the pain and understand the courage it takes to be able to face and talk about these situations \u201d, adds the STRI. In the Buzzfeed report, scientist Egbert Leigh, who worked at for decades until his retirement, acknowledges the allegations and apologizes \u201cfor the pain and discomfort my behavior caused apologize to those who were hurt or offended \u201d. Two other scientists, Edward Allen Herre and Benjamin Turner deny the allegations. The second was separated from his position in 2020. Later, it was learned that his dismissal was linked to the reports. Now, scientists and students who carried out investigations in Barro Colorado, in laboratories that were sometimes managed and administered by the alleged perpetrators, are in a legal battle for copyright, since one of the alleged perpetrators appeared credited in scientific publications as \u201ccollaborator\u201d. Liza Comita a professor at Yale School of the Environment and a research associate at did not suffer the 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 3/7 behaviors described in the Buzzfeed publication but has positioned herself in favor of the victims. \u201cThese are women who are experts in tropical ecology \u2026 The time and energy they are wasting in dealing with these events is a loss for science,\u201d she said. Tewksbury, the director of STRI, replied: \u201cWe are taking every possible action to support the health and well-being of our entire scientific community.\u201d The Smithsonian assured La Prensa that it is \u201ccontinually strengthening policies and procedures to thoroughly investigate allegations of harassment and take appropriate corrective action.\u201d Since 2019, they reported, an office for the prevention of harassment and violence in the workplace called Civil has been established at the Smithsonian, \u201cwith the mission of empowering the community to communicate their concerns in the workplace and that do so with the confidence that their concerns will be addressed and without fear of retaliation. \u201c Open Letter Meanwhile, attorney Laura L. Dunn, who represents several of the victims, published an open letter on behalf of her clients, addressed to the Gender Policy Council of President Joe Biden\u2019s administration, calling for comprehensive reform to policies. 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 4/7 The letter calls on the council to make four \u201ccritical reforms\u201d to and the Smithsonian Institution: change the control model, which \u201cconcentrates power in the hands of scientists, who are mostly older white men\u201d; adopt security measures in residences in Barro Colorado; improve the reporting system for situations of this type and the communication of research results, and, finally, establish an ethical standards committee that governs the conduct of scientists. \uf185 Post Views: 459 (/#facebook) (/#twitter) (/#whatsapp) Next Son of Martinelli extradited to United States ps://newsroompanama.com/2021/12/10/son- of-martinelli-extradited-to-united-states/) Previous 51 get provisional detention in Operation Fish hearing ( get-provisional-detention-in-operation-fishe hearing/) You may have missed ( ( ( 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 5/7 Panama Delays Cobre Panama Copper Mine Decision Pending Social Security Reform ( delays-cobre-panama-copper- mine-decision-pending-social- security-reform/) ( delays-cobre-panama-copper- mine-decision-pending-social- security-reform ( \ue904 March 1, 2025 ( Dispute Regarding the Panama Canal? 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Charter ( regarding-the-panama-canal- enter-the-u-n-charter/) ( regarding-the-panama-canal- enter-the-u-n-charter ( \ue904 March 1, 2025 ( David\u2019s International Fair in Chiriqu\u00ed Province March 13-23, 2025 ( international-fair-in-chiriqui- province-march-13-23-2025/) ( international-fair-in-chiriqui- province-march-13-23-2025 ( ( \ue904 March 1, 2025 ( Your Morning Smile ( morning-smile-192/) ( morning-smile-192 ( \ue904 February 28, 2025 ( Panama Canal Advances Rio Indio Reservoir Project to Secure Water Supply after Historic Drought ( canal-advances-rio-indio- reservoir-project-to-secure- water-supply-after-historic- drought/) ( canal-advances-rio-indio- reservoir-project-to-secure- water-supply-after-historic- drought ( ( \ue904 February 28, 2025 ( Follow us on Social Media ( id=61559513302596) ( 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 6/7 Contact Us ( FAQs ( Classifieds ( Investment Opportunities ( Advertise with Us ( \u00a9 2024 NewsroomPanama.com 3/1/25, 10:42 Sexual abuse and harrasment at the Smithsonian \u2013 Newsroom Panama 7/7"} |
8,580 | Richard Ribb | University of Texas – Austin | [
"8580_101.pdf",
"8580_101.pdf"
] | {"8580_101.pdf": "determined that there was sufficient evidence to find that Ribb violated 3\u2010 3040.\" \"On August 28, 2013, the Assistant Dean of the College of Liberal Arts issued a letter agreeing with OIE\u2019s findings and recommending that Ribb be terminated. Ribb filed a response to that letter and then resigned effective September 6, 2013.\""} |
7,438 | Thomas Vogel | Michigan State University | [
"7438_101.pdf",
"7438_102.pdf",
"7438_103.pdf"
] | {"7438_101.pdf": "Lansing State Journal Third retired professor stripped of emeritus title after sexual misconduct Kara Berg, Lansing State Journal Wed, January 12, 2022 at 8:39 2 min read retired emeritus professor at Michigan State University was stripped of his title several years after being found responsible for sexual misconduct. Top Stories Gene Hackman death Ruby Franke docuseries Trump budget bill New Orleans Mardi Gras se Sign in Search the web 2/27/25, 7:26 Third retired professor stripped of emeritus title after sexual misconduct 1/11 James Kielbaso, a former professor emeritus in the Department of Forestry, was found in 2018 to have made inappropriate comments and unwanted sexual advances toward a student. Kielbaso kept his emeritus status until recently, when it was revoked because of the sexual misconduct finding. Sexual misconduct: Despite warnings, multiple reports of sexual misconduct, faculty remain employed at Revoking the title: Michigan State strips two retired professors of emeritus title after sexual harassment inquiry long investigation: Former students poorly handled report of sexual misconduct against history professor In January 2020, in lieu of commenting on the sexual misconduct finding, Kielbaso sent a photo of a note written by the woman who said he sexually harassed her. The note says, \u201cThank you so much for believing in me and all you have done for me in the past. You\u2019ve been a great help personally and professionally.\u201d Kielbaso said this note was from \u201cwell after graduation and into a full time job and successful career.\u201d The woman, however, said Kielbaso pressured her into writing the note for him, which was included in her thesis \u2014 not well after graduation, she said was threatened that 'would regret not thanking him,'\" the woman wrote in an email. \"He was manipulative, used his power and rank over me for selfish gain and absolutely stole several years of my life. He used my degree as bait to keep me around in his disgusting game. It was exhausting.\" She said she is grateful he lost his emeritus status, but is \"disgusted\" that despite MSU's finding that he sexually harassed her, he still appears to believe 2/27/25, 7:26 Third retired professor stripped of emeritus title after sexual misconduct 2/11 he did not do anything wrong. Kielbaso was one of at least four retired professors and administrators who were allowed to keep their emeritus title despite being found to have violated policies on sexual misconduct spokesperson Dan Olsen said prior to June 2019, all faculty, academic staff and executive managers automatically received emeritus status upon their retirement. Thomas Vogel, a former professor emeritus in the Department of Earth and Environmental Sciences, and Charles Steinfield, professor emeritus in the Department of Media and Information, were both stripped of their titles in May. William Latta, an emeritus assistant vice president for operations, has kept his emeritus status, Olsen said. Because the university knew of his sexual misconduct prior to granting him emeritus status, they cannot revoke it now, he said is looking at changes to its emeritus policy to possibly change this, Olsen said. Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95. This article originally appeared on Lansing State Journal: Retired professor loses emeritus title after sexual misconduct View comments About Our Ads Solve the daily Crossword 2/27/25, 7:26 Third retired professor stripped of emeritus title after sexual misconduct 3/11 38,734 people played the daily Crossword recently. Can you solve it faster than others? 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All rights reserved. 2/27/25, 7:26 Third retired professor stripped of emeritus title after sexual misconduct 11/11", "7438_102.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu removes emeritus title from two professors after sexual harassment inquiry Jack Armstrong July 16, 2021 Olds Hall on Michigan State University's campus on April 13, 2022. \u2014 Photo by Jillian Felton | The State News Two retired emeritus professors at Michigan State University who were previously found to have violated policies on sexual misconduct have had their honorary titles removed. According to an investigation conducted by the Lansing State Journal, Thomas Vogel, a former professor in the Department of Earth and Environmental Sciences, and Charles Steinfield, a former professor in the Department of Media and Information, were stripped of their emeritus titles following a recommendation by the university committee on faculty affairs. Both revocations were then approved by President Samuel Stanley. All findings written in the investigation were confirmed by Deputy Spokesperson Dan Olsen in January. 2/27/25, 7:26 removes emeritus title from two professors after sexual harassment inquiry - The State News 1/3 \u201cWhile these revocations may not undo the harm caused by these two individuals, our actions make clear that even retired faculty can and will be held accountable for violating university policy while at Michigan State University when new evidence is brought forward,\u201d Olsen said in a statement previous investigation by the found that Vogel and Steinfield were among at least four retired professors that were allowed to keep their emeritus status despite their transgressions. Vogel held emeritus status prior to being found in violation of sexual misconduct policies by the Office of Institutional Equity, while Steinfield was given the emeritus title several years after being punished for sexual misconduct. According to the investigation, two other professors emeritus also were found in violation of these policies: James Kielbaso, a professor emeritus in the Department of Forestry, and William Latta, an emeritus assistant vice president for operations. Both still retain their titles. Before June 2019, faculty and academic staff received emeritus titles automatically upon retirement. Steinfield was informed in February that the university was considering the revocation of his professor emeritus status. Vogel was informed in March. In letters to both men dated May 5, 2021, Provost Teresa Woodruff said that \u201c...the matter is of sufficient seriousness to warrant the revocation of your Professor Emeritus status.\u201d Woodruff said that the emeritus status had been revoked pursuant to the emeritus policy in the faculty handbook, which states that emeritus status may be revoked in circumstances in which behavior occurring or discovered after one is awarded emeritus status is deemed to be \u201csubstantially inconsistent with the behavior expected of Michigan State University faculty, academic staff, and administrative staff.\u201d The ability of the Provost to the President to recommend revocation of emeritus title, after approval by the University Committee for Faculty Affairs, was added to the emeritus policy in February 2020. This is the policy Woodruff used in her letters to Vogel and Steinfield. This revision was included in a letter sent out from President Stanley and other administrators in January of this year. The letter, sent to faculty, staff, and students, described actions taken over the last three years to prevent instances of relationship violence and sexual misconduct from happening Find Useful Knowledge What You Need to Know About Car Loans Find Local and Heating Repair Services 2/27/25, 7:26 removes emeritus title from two professors after sexual harassment inquiry - The State News 2/3 We've Got Your Eyes Covered - Find Your Perfect Pair! Support Your Neighbors and Get Involved With Food Rescue 8 Reasons Your Car Insurance Rate Changes search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News. 2/27/25, 7:26 removes emeritus title from two professors after sexual harassment inquiry - The State News 3/3", "7438_103.pdf": "Protecting You And Your Business 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 1/7 Incidents of workplace sexual harassment never seem to go away. As long as harassers continue to believe such unlawful and demeaning behavior is acceptable, sexual harassment will continue to occur at any work environment. However, such behavior, eventually, catches up with the harasser, who gets punished in certain ways. Look at the recent situation at Michigan State University. In May, two former professors had their honorary emeritus titles removed for violating the school\u2019s policies pertaining to sexual harassment. Did the school fumble in its efforts? Michigan State seemed to fumble in its dealings with workplace sexual harassment. The two former professors at Michigan State had their by Sterling Employment Law | Jul 21, 2021 | Workplace Sexual Harassment 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 2/7 honorary titles removed earlier this year, despite having been investigated years earlier. The school had investigated Charles Steinfield, a former professor of media and information, in 2012 and Thomas Vogel, a professor of environmental science, in 2016. Steinfield held the emeritus title for several years even after the school punished him for sexual misconduct. Vogel already had the emeritus title before the school found that he had violated sexual misconduct policies. Document every incident of harassment If you are the victim of workplace sexual harassment, there are some steps to take to protect yourself and prove your case: Maintain complete details of every incident and situation. Make sure to record the days, time, locations, description of the incident as well as the name of witnesses who will corroborate your story. Avoid using a workplace computer to record it. Instead, rely on a notebook or your own computer. Save every single piece of evidence that supports your claim. These include notes, emails, texts and social media posts that display evidence that the harasser targets you. Become well-versed in the sexual harassment policies of your employer. Understand the employee handbook and how the company addresses 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 3/7 this important issue. Report every single incident to your manager or a human resources representative. However, if your manager is the harasser, contact human resources or another trusted manager within your company. If the offense is egregious enough and a crime committed, call authorities. Not even higher education is immune from workplace sexual harassment. It is time that employers such as Michigan State take these incidents more seriously. If they do not, they continue to open themselves up to lawsuits. Search... Search Select Category \uf054What are agreements, and how can they affect executives? \uf054Michigan\u2019s new Earned Sick Time Act and its impact on pregnant employees \uf054Michigan\u2019s new Earned Sick Time Act guide for other caregivers \uf054How Michigan\u2019s new sick-time law applies to parents and caregivers \uf054What are protected activities in whistleblower cases? 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 4/7 Select Month Subscribe To This Blog's Feed 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 5/7 Contact Us Today Loading Form... Telephone 248-996-1277 Address 33 Bloomfield Hills Parkway Suite 250 Bloomfield Hills 48304 \u00a9 2025 \ue093 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 6/7 248-996-1277 a 248-996-1277 a 2/27/25, 7:26 Michigan State punishes retired professors for sexual harassment | Sterling Employment Law 7/7"} |
8,884 | Art Sanchez | California State University - Chico | [
"8884_101.pdf",
"8884_102.pdf"
] | {"8884_101.pdf": "v (1998) Court of Appeals of Texas,San Antonio. Arthur Garcia SANCHEZ, Appellant, v. The of Texas, Appellee. No. 04-96-00140-CR. Decided: May 20, 1998 Before HARDBERGER, C.J., and and F. ONION, Jr.,1 JJ. Stephanie L. Stevens,Mark Stevens, San Antonio, for appellant. Daniel Thornberry, Asst. Criminal Dist. Atty., San Antonio, for appellee This appeal is taken from a conviction for official oppression. See Tex. Penal Code Ann. \u00a7 39.03(a)(3), (c) (Vernon 1994).2 Appellant, Arthur Garcia Sanchez, was indicted for subjecting another to sexual harassment, a Class misdemeanor.3 The jury found appellant guilty and assessed his punishment at confinement in the county jail for one year and a fine of $3,000. The jury, however, recommended community supervision.4 The imposition of the sentence was suspended and appellant was placed on community supervision subject to certain conditions Appellant advances seven points of error. In two points of error, appellant challenges the constitutionality of the statute under which he was convicted, contending that the statute is vague on its face and, as applied to him, in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. These points are also inclusive of a First Amendment violation. We sustain these points of error. We do not find it necessary to enumerate the other points of error. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 3/1/25, 10:37 v (1998) | FindLaw 1/22 The indictment, as amended, alleged in pertinent part that: on or about the 1st day of August, A.D., 1994, through on or about the 15th day of February, A.D., 1995 SANCHEZ, while acting under color of his office as a public servant, to wit: an officer, employee and agent of government, namely: Chairman and Board Member of the Board of Trustees of TRANSIT, did intentionally subject to sexual harassment, namely: unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature, by stating to (hereinafter referred to as \u201cCOMPLAINANT\u201d) to the effect: that if did not have a sexual affair with him he would fire her; that to get an office, a secretary and a raise must have a sexual affair with him; that he had a sexual affair with another employee and he would have a sexual affair with also; that he would have a sexual affair with COMPLAINANT, that should have a sexual affair with him because people already thought they were having a sexual affair; that must put on lipstick; that he would like to wear low-cut dresses; that he would like to wear black pantyhose and silk blouses because she looked better in them; that upon seeing a bruise on leg, that he asked if she was bruised from rough sex with her husband, and that he liked rough sex; and by touching with his hand on her face, submission to which was explicitly and implicitly made a term and condition of GONZALEZ's exercise and enjoyment of her rights, privileges, powers and immunities 5 The facts are not absolutely essential to our disposition of the instant case on constitutional grounds, but are briefly mentioned as background.6 Appellant urges his \u201con its face\u201d and \u201cas applied\u201d vagueness attacks upon section 39.03 under which he was convicted, contending violations of the Due Process Clause of the Fourteenth Amendment to the United States Constitution.7 Appellant has included in his argument a claim that the statute in question is also overbroad and impinges on the freedom of speech guaranteed by the First Amendment to the United States Constitution, which amendment is applicable to the states through the Fourteenth Amendment. Gitlow v. New York, 268 U.S. 652, 666, 45 S.Ct. 625, 69 L.Ed. 1138 (1925); Olvera v. State, 806 S.W.2d 546, 548 n. 2 (Tex.Crim.App.1991). In the area of First Amendment rights, stricter standards of permissible statutory vagueness apply to a statute. The overbreadth and vagueness doctrines are conceptually distinct, but in the First Amendment context they tend to overlap since statutes are often overly broad because their language is vague about what behavior is proscribed. See 16A C.J.S. Constitutional Law, \u00a7 459 at 483 (1984). 3/1/25, 10:37 v (1998) | FindLaw 2/22 \u201cWhenever an attack upon the constitutionality of a statute is presented for determination, we commence with the presumption that the statute is valid and that the legislature has not acted unreasonably or arbitrarily in enacting the statute.\u201d Ex parte Granviel, 561 S.W.2d 503, 511 (Tex.Crim.App.1978); Ex parte Anderson, 902 S.W.2d 695, 698 (Tex.App.-Austin 1995, pet. ref'd). The burden rests upon the individual challenging the statute to establish its unconstitutionality. Granviel, 561 S.W.2d at 511. The statute must be upheld if a reasonable construction can be ascertained which will render the statute constitutional and carry out the legislative intent. Ely v. State, 582 S.W.2d 416, 419 (Tex.Crim.App.1979 criminal statute must be sufficiently clear in at least three respects. First, a person of ordinary intelligence must be given a reasonable opportunity to know what is prohibited. Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972); Long v. State, 931 S.W.2d 285, 287 (Tex.Crim.App.1996). \u201cThe rationale for this is obvious: crimes must be defined in advance so that individuals have fair warning of what is forbidden.\u201d Bynum v. State, 767 S.W.2d 769, 773 (Tex.Crim.App.1989 lack of notice poses a \u201ctrap for the innocent \u2024,\u201d United States v. Cardiff, 344 U.S. 174, 176, 73 S.Ct. 189, 97 L.Ed. 200 (1952), and \u201cviolates the first essential of due process.\u201d Connally v. General Constr. Co., 269 U.S. 385, 391, 46 S.Ct. 126, 70 L.Ed. 322 (1926). Second, the criminal law must establish determinate guidelines for law enforcement. Long, 931 S.W.2d at 287 vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.\u201d Grayned, 408 U.S. at 108-09, 92 S.Ct. 2294 (emphasis in original). \u201cWhere inherently vague statutory language permits selective law enforcement, there is a denial of due process.\u201d Smith v. Goguen, 415 U.S. 566, 575, 94 S.Ct. 1242, 39 L.Ed.2d 605 (1974). Either the lack of notice or lack of guidelines for law enforcement is an independent ground for finding a statute void for vagueness. Adley v. State, 718 S.W.2d 682, 685 (Tex.Crim.App.1985). Third, where First Amendment's freedoms are implicated, the law must be sufficiently definite not to abridge the right of free speech, but also to avoid chilling protected expression. Grayned, 408 U.S. at 109, 92 S.Ct. 2294. \u201cWhen a statute is capable of reaching First Amendment freedoms, the doctrine of vagueness demands a greater degree of specificity than in other contents.\u201d Kramer v. Price, 712 F.2d 174, 177 (5th Cir.1983), rehearing en banc granted, 716 F.2d 284 (5th Cir.1983), grant of relief aff'd, 723 F.2d 1164 (5th Cir.1984). Greater specificity is required to preserve adequately the right of free expression because uncertain meanings inevitably lead citizens to steer far wider of the unlawful zone than if the boundaries of the forbidden areas were clearly marked. Long, 931 S.W.2d at 288 (quoting Grayned, 408 U.S. at 109, 92 S.Ct. 2294). First amendments are intertwined with the vagueness issue. Long, 931 S.W.2d at 288 3/1/25, 10:37 v (1998) | FindLaw 3/22 The official oppression statute criminalizes certain acts by a public servant acting under the color of his office or employment. Tex. Penal Code Ann. \u00a7 39.03 (Vernon 1994). The statute provides: (a public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to sexual harassment. (b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. (c) In this section, \u201csexual harassment\u201d means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. (d) An offense under this section is a Class misdemeanor. (emphasis added). Subsections (a)(3) and (c) were first added to the statute in 1989 8 and it is under these provisions that appellant was prosecuted and it is these provisions which appellant contends are unconstitutional, vague and overbroad. Section 39.03 applies only to a \u201cpublic servant,\u201d which is a far more expansive term than a person who is simply elected, appointed, or employed in a public office. See Tex. Penal Code Ann. \u00a7 1.07(a)(41) (Vernon 1994).9 Such public servant is prohibited from subjecting \u201canother\u201d to sexual harassment. \u201cAnother\u201d means \u201ca person other than the actor.\u201d Tex. Penal Code Ann. \u00a7 1.07(a)(5) (Vernon 1994); Bryson v. State, 807 S.W.2d 742, 746 (Tex.Crim.App.1991 \u201cperson\u201d means \u201can individual, corporation, or association.\u201d Tex. Penal Code Ann. \u00a7 1.07(a)(38) (Vernon 1994). It is clear that section 39.03(a)(3)(c) includes both genders within the term \u201canother.\u201d Repeated acts or a course of conduct is not required, one act would constitute a violation of the statute. Section 39.03(a)(3) must be read in light of the statutory definition of sexual harassment in subsection (c) which provides: \u201cIn this section \u2018sexual harassment\u2019 means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either 3/1/25, 10:37 v (1998) | FindLaw 4/22 explicitly or implicitly.\u201d It has been held that this statutory definition includes the specific alternative manner and means of committing the crime proscribed by section 39.03(a)(3). State v. Edmond, 933 S.W.2d 120, 129-30 (Tex.Crim.App.1996). The essential element of \u201csexual harassment\u201d must be proved by alternative sub-elements in order to establish an offense. Appellant contends that almost every word in subsection (c) is inherently vague, giving no fair notice what is prohibited and furnishing no guidelines for law enforcement to avoid selective prosecution. Appellant raises some questions and others arise from the face of subsection (c). What are \u201cadvances\u201d or \u201cfavors?\u201d What makes them sexual? Does a wink of an eye, a simple smile, a compliment, the placing of a rose in a vase, an invitation to lunch, or a ride home qualify? What enormous range of conduct is contemplated by the catch-all phrase \u201cor other verbal or physical conduct of a sexual nature?\u201d Does \u201cunwelcome\u201d apply to \u201crequests for sexual favors\u201d and \u201cother verbal and physical conduct of a sexual nature\u201d as it does to \u201csexual advances?\u201d Must the potential offender know in advance that his conduct is unwelcomed or unlawful? Is there no offense if the sexual conduct is welcomed by the recipient? Is the lawfulness of the accused's act or omission determined by each recipient's subsequent emotional reaction on a case-by-case basis? Whose sensitivities are involved or from whose perception is the act to be viewed? What exactly does \u201csubmission\u201d mean under the statute? What constitutes an \u201cimplicit\u201d term or condition? Are all these matters to be determined objectively or subjectively? What is contemplated by the expansive phrase \u201ca person's exercise or enjoyment of any right, privilege, power, or immunity?\u201d Is the phrase limited to a recipient's rights, privileges, powers, or immunities in existence at the time of the alleged sexual conduct? Does it incorporate the potential enlargement of such matters or the creation of new rights, privileges, etc., if within the scope of the accused's power? Does the term \u201ca person's\u201d refer only to the right, privilege, etc., of the complainant or alleged recipient of the conduct of a sexual nature, or is it to be given a broader interpretation \u201cperson\u201d is defined as an individual, corporation or association. Tex. Penal Code Ann. \u00a7 1.07(a)(38). May a recipient believe submission is implicitly conditioned on her or his father's or mother's or another person's exercise or enjoyment of that particular person's rights, privileges, powers, and immunities? Must the potential offender know in advance the full extent of any person's rights, privileges, powers, and immunities? These matters are extremely broad terms used in a variety of contexts and are sometimes overlapping in meaning. Does \u201cany right\u201d as used in the statute refer to rights which can be described as perfect or imperfect, in personam or in rem, primary or secondary, absolute or qualified, or legal or equitable? Does the term also refer to constitutional rights such as natural rights, civil rights, political rights, and personal rights? Even the term \u201cpersonal rights\u201d is a term of rather vague import. See Black's Law Dictionary 1325 (6th ed.1990). Furthermore, does the statute in question provide for a reasonable person standard? Appellant calls attention to a number of cases where the particular statute involved was held unconstitutionally vague because of the failure to give a person of ordinary intelligence fair notice that 3/1/25, 10:37 v (1998) | FindLaw 5/22 his contemplated conduct is forbidden by the statute. See City of Akron v. Akron Center for Reprod. Health, Inc., 462 U.S. 416, 452, 103 S.Ct. 2481, 76 L.Ed.2d 687 (1983) (\u201cthe word \u2018humane\u2019 was impermissibly vague as a definition of conduct subject to criminal prosecution\u201d); Smith, 415 U.S. at 573, 94 S.Ct. 1242 (finding vague a statute which made it illegal to treat a flag \u201ccontemptuously\u201d because \u201cwhat is contemptuous to one man may be a work of art to another\u201d); Coates v. City of Cincinnati, 402 U.S. 611, 614, 91 S.Ct. 1686, 29 L.Ed.2d 214 (1971) (holding an ordinance vague because \u201cconduct that annoys some people does not annoy others\u201d); May v. State, 765 S.W.2d 438, 440 (Tex.Crim.App.1989) (the inherent vagueness of telephone harassment statute, in attempting to define what annoys and alarms people and its failure to specify whose sensitivities are relevant, rendered statute unconstitutionally vague); Cotton v. State, 686 S.W.2d 140, 141 (Tex.Crim.App.1985) (Texas statute providing criminal penalties for sale of beer to a person \u201cshowing evidence of intoxication\u201d was unconstitutionally vague); Ex parte Chernosky, 153 Tex.Crim. 52, 217 S.W.2d 673, 674 (1949) (holding words in reckless driving statute \u201cwithout due caution or circumspection\u201d were vague and indefinite rendering statute unconstitutional); see also Long, 931 S.W.2d at 289-90 (discussing constitutional problems with anti-stalking statute due to the failure to establish a \u201creasonable person\u201d requirement). Appellant further urges that section 39.03(c) is vague because it \u201cencourages arbitrary and erratic arrests and convictions,\u201d citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 31 L.Ed.2d 110 (1972 criminal statute must itself be precisely drawn so that it eliminates the risk of capricious application rather than foster it. Cotton, 686 S.W.2d at 143. Appellant contends that the term \u201csexual harassment\u201d in the statute is so broadly defined that it permits \u201ca standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.\u201d Kolender v. Lawson, 461 U.S. 352, 358, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983); Adley, 718 S.W.2d at 683 (striking down as vague gambling statute because \u201clegislature has failed to sufficiently define the conduct of \u2018receiving a bet\u2019 so as to limit law enforcement and prosecutorial discretion in prosecuting only the professional, exploitive gambler\u201d); Baker v. State, 478 S.W.2d 445, 448 (Tex.Crim.App.1972) (statute defining vagrant as being a person who \u201chas no visible means of support\u201d or who has \u201cno property to support\u201d him gives no standard to guide officers charged with enforcing statute, thus placing discretion in hands of police); Meisner v. State, 907 S.W.2d 664, 669 (Tex.App.-Waco 1995, no pet.) (traffic ordinance unconstitutionally vague, because, inter alia, the prosecutor \u201cwas able to construe the ordinance to fit the offense\u201d). When attempting to discern the legislative intent in enacting a statute, a court must focus on the literal text, the plain meaning of the enactment. Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991). If the plain language of the statute would lead to absurd results or the words are ambiguous, then the court may consider extratexual sources to aid the interpretation. Id. The State contends that in a void- for-vagueness examination, the court should look at the context and purpose of the statute, and that entire language of the enactment, not just isolated phrases, should be considered. We agree. Moreover, \u201ca statute is not unconstitutionally vague merely because words or terms used are not specifically defined.\u201d Engelking v. State, 750 S.W.2d 213, 215 (Tex.Crim.App.1988); Ex parte Anderson, 3/1/25, 10:37 v (1998) | FindLaw 6/22 902 S.W.2d at 699. Undefined words are ordinarily given their plain meaning unless the statute clearly shows that they were used in some other sense. Anderson, 902 S.W.2d at 699. Statutory words are to be read in context and construed according to the rules of grammar and common usage. Tex. Gov't.Code Ann. \u00a7 311.011(a) (Vernon 1988 statutory provision need not be cast in terms that are mathematically precise; it need only give fair warning of the conduct proscribed and provide guidelines for law enforcement. Grayned, 408 U.S. at 110, 92 S.Ct. 2294; State v. Garcia, 823 S.W.2d 793, 798 (Tex.App.-San Antonio 1992, pet. ref'd). Although not suggested by the State, we have examined the legislative history of H.B. 370 of the 71st Legislature in 1989 which resulted in the enactment of section 39.03(a)(3), (c).10 Regrettably, neither the bill analysis nor the tapes of the House and Senate public hearings on the bill were helpful in divining the legislative intent. See H.B. 370, House Criminal Jurisprudence Subcommittee hearings May 11 and 17, 1989, Tapes, side one; H.B. 370, Senate Criminal Justice Committee, May 25, 1989, Tape, side one. It appears that the addition to the official oppression statute (which became section 39.02(a)(3), (c) in 1989) was proposed because in 1988 a municipal judge had purportedly offered to dismiss a woman's traffic tickets in return for sexual favors. The hearings indicated that an indictment against the judge was quashed,11 and he was prosecuted for a minor offense. The proponents of the bill contended that there was a gap in the law, while opponents claimed that \u201csexual harassment\u201d was difficult to define, and that H.B. 37 would create a poorly worded offense to be levied against public officials by disgruntled individuals.12 The State urges that a criminal statute can be sustained if a challenged term in the statute has a well- defined meaning in the civil jurisprudence of the state, citing Luplow v. State, 897 P.2d 463, 468 (Wyo.1995). The prosecutor advances the contention that the \u201ccontext\u201d of section 39.03(a)(3), (c) is an apparent derivation from sexual discrimination actions brought under Title of the Federal Civil Rights Act of 1964. The Texas Commission on Human Rights Act makes it unlawful for an employer to discriminate against an employee with respect to compensation or the terms, conditions, or privileges of employment because of race, color, disability, religion, sex, national origin, or age. Tex. Lab.Code Ann. \u00a7 21.051 (Vernon 1996). The Human Rights Act is modeled on federal law with the purpose of executing the objectives of Title of the Civil Rights Act of 1964, as amended, 42 \u00a7 2000e, et seq. See Tex. Lab.Code Ann. \u00a7 21.051, 1.02 (Vernon 1996); Ewald v. Wornick Family Foods Corp., 878 S.W.2d 653, 658 (Tex.App.-Corpus Christi 1994, writ denied). The United States Supreme Court has interpreted the language of Title (42 \u00a7 2000e-2(a)(1) 1997) 13 to include \u201csexual harassment\u201d as a form of sexual discrimination in the field of employment practice. Sexual harassment is recognized as employment discrimination. Meritor Sav. Bank v. Vinson, 477 U.S. 57, 64, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Ewald, 878 S.W.2d at 658. Two separate civil causes of action have arisen under Title VII-quid pro quo harassment and harassment due to a hostile or abusive work environment. 3/1/25, 10:37 v (1998) | FindLaw 7/22 Meritor, 477 U.S. at 66, 106 S.Ct. 2399; Syndex Corp. v. Dean, 820 S.W.2d 869, 871 (Tex.App.-Austin 1991, writ denied). Normally, an action for quid pro quo harassment arises when a subordinate employee is pressured to engage in some type of sexual activity with a supervisor as a condition of retaining employment or receiving consideration for a promotion. See, e.g., Virgo v. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1362 (11th Cir.1994); Karibian v. Columbia Univ., 14 F.3d 773, 778 (2nd Cir.1994). The action is characterized by an exchange of sexual favors for some job-related benefit. See Collins v. Baptist Mem'l Geriatric Ctr., 937 F.2d 190, 196 (5th Cir.1991); Ewald, 878 S.W.2d at 658. And in a quid pro quo sexual harassment case, the court can reach its conclusion by the use of either the objective standard or the subjective standard. Nichols v. Frank, 42 F.3d 503, 511-12 (9th Cir.1994). In hostile or abusive work environment sexual harassment, an exchange of favors may or may not occur. Here, the victim is subjected to abuse and hostility in the work environment itself. To determine if a work environment is abusive or hostile, courts look at all related circumstances to determine whether a reasonable person would perceive the environment as hostile or abusive. In reviewing the circumstances, courts also consider the victim's own subjective perception of the environment. Regina L. Stone-Harris, Same Sex Harassment-The Next Step In The Evolution of Sexual Harassment Law Under Title VII, 28 St. Mary's Law Journal 269, 274-75 (1996). The Equal Employment Opportunity Commission (EEOC) is charged with enforcing Title VII. Pursuant to that authority, the has adopted certain guidelines defining the scope of sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 29 \u00a7 1604.11(a) (1997). The State takes the position that the Legislature in enacting section 39.03(a)(3), (c) criminalized the civil \u201cquid pro quo\u201d sexual harassment by a public servant and rejected the \u201chostile work environment\u201d sexual harassment for inclusion in the statute. The State in its brief notes the elements of a civil quid pro quo claim,14 but fails to show just how these elements have been criminalized in section 39.03(a)(3), (c) or what terms or words in the criminal statute have a well-defined meaning in the civil jurisprudence of the state that must be applied to the criminal statute. 3/1/25, 10:37 v (1998) | FindLaw 8/22 It is clear that the criminal statute here in issue is far broader than Title or the guidelines. It is not limited by any means to the workplace, the employer-employee relationship, or equal opportunity for employment. Without a doubt, the definition of \u201csexual harassment\u201d in section 39.03(c) was lifted in large part from the guidelines quoted above. See 29 \u00a7 1604.11(a)(1). However, instead of the phrase \u201csubmission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,\u201d section 39.03(c) uses the language \u201csubmission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly by or implicitly.\u201d The term \u201cany right, privilege, power, or immunity\u201d is obviously borrowed from subsection (a)(2) of section 39.03 without the requirement that the public servant knows that \u201chis conduct is unlawful.\u201d Subsection 39.03(c) is clearly a hybrid. Whatever genes section 39.03(a)(3), (c) may have inherited from the federal and state civil law as attributed to it by the prosecution, the criminal statute is no clone. Furthermore, there is a greater tolerance of enactments with civil rather than criminal penalties because the consequences of imprecision are qualitatively less severe. Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982 statute that imposes a criminal penalty is subject to a greater degree of scrutiny by a reviewing court. Lear v. State, 753 S.W.2d 737, 740 (Tex.App.-Austin 1988, no pet.). This is particularly true in addressing vagueness and overbreadth challenges. City of Houston v. Hill, 482 U.S. 451, 459, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987) (citing Winters v. New York, 333 U.S. 507, 515, 68 S.Ct. 665, 92 L.Ed. 840 (1948)); Olvera, 806 S.W.2d at 550. As earlier noted, an enactment is void for vagueness under the Due Process Clause of the Fourteenth Amendment if it fails to draw reasonably clear lines between lawful and unlawful conduct. Smith, 415 U.S. at 574-78, 94 S.Ct. 1242; Kramer, 712 F.2d at 176. Many of the words used in section 39.03(c) are susceptible to uncertainties of meaning and are inherently vague. The vagueness of these terms have been questioned and discussed earlier. Moreover, the statute fails to specify whose sensitivities must be offended. Coates, 402 U.S. at 614, 91 S.Ct. 1686. \u201cCoates recognized that a statute is unconstitutionally vague when the standard of conduct it specifies is dependent on each complainant's sensitivity.\u201d Kramer, 712 F.2d at 178. The potential offender is left to estimate the subjective sensitivity of the recipient on a case-by-case basis. An examination of section 39.03(a)(3), (c) also fails to reveal a reasonable person standard. We do not even find the words \u201creasonably likely\u201d which were rejected as insufficient to establish a reasonable person standard in Long, 931 S.W.2d at 289. Our research of the legislative history of the statute is inconclusive as to any legislative intent to establish a reasonable person or objective standard. Had the Legislature intended a reasonable person standard, it could have easily specified one. See Long, 931 S.W.2d at 290. The absence of a reasonable person standard, however, is not necessarily fatal to a statute's constitutionality if other provisions of the statute sufficiently define the offense to avoid a vagueness problem. Id.; see also Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. 1953, 32 L.Ed.2d 584 (1972); DeWillis v. State, 951 S.W.2d 212, 216 (Tex.App.-Houston [14th Dist.] 1997, no pet.). Like Long, we find no factors present to compensate for the lack of a 3/1/25, 10:37 v (1998) | FindLaw 9/22 reasonable person standard. See Long, 931 S.W.2d at 290-95. It would appear that section 39.03(a) (3) is unconstitutional because the conduct requirement of the law is vague and a reasonable person standard cannot be read into the law, unless there are other factors that may save it requirement of scienter may mitigate a law's vagueness, especially with regard to the adequacy of notice to an individual that his conduct is proscribed. See Hoffman Estates, 455 U.S. at 499, 102 S.Ct. 1186; Screws v. United States, 325 U.S. 91, 101-02, 65 S.Ct. 1031, 89 L.Ed. 1495 (1945); Meisner, 907 S.W.2d at 668; Wisenbaker v. State, 860 S.W.2d 681, 689 (Tex.App.-Austin 1993, pet. ref'd). Specifying an intent element, however, does not save a criminal statute from vagueness where the conduct which must be motivated by intent, as well as the standard by which that conduct is to be assessed, remain vague. See Kramer, 712 F.2d at 178. Section 39.03(a)(3) specifies a mental state of \u201cintentionally\u201d 15 as opposed to mere knowledge or recklessness, but the mental state required does not solve the vagueness of the underlying conduct. Subsection (c) defining \u201csexual harassment\u201d covers any conduct of a sexual nature in which a person could possibly engage. The limiting function, if any, of the phrase beginning \u201csubmission to which \u2024\u201d is equally fuzzy and vague and is offset by the expansive coverage of all conduct of a sexual nature, be it verbal or physical. See Long, 931 S.W.2d at 289. Whatever an accused's intent may be, if he or she is unable to determine the underlying conduct proscribed by a statute, then the statute fails on vagueness grounds. See Kramer, 712 F.2d at 178. The intent requirement of section 39.03(a)(3), (c) does not save it from the vagueness challenges statute should be voided for vagueness only if the statute, when narrowly construed, still poses a serious possibility of confusion. Courts have a general duty to employ reasonable narrowing constructions to avoid constitutional violations. Morehead, 807 S.W.2d at 581; Olvera, 806 S.W.2d at 552. If the statute, however, is not readily subject to a narrowing construction, courts may not assume the legislative prerogative and rewrite a statute in order to save it. Olvera, 806 S.W.2d at 552. Considerable language cannot be added to the statute without the courts engaging in judicial legislation. Moreover, courts may not sever from the statute an element of the offense where such action would broaden the scope of the statute, prohibit new conduct, and violate legislative intent. See Howard v. State, 617 S.W.2d 191, 192 n. 1 (Tex.Crim.App.1979). In Long, 931 S.W.2d at 295, the Court of Criminal Appeals held for the first time that a narrowing construction could be applied in the vagueness context as it had been applied in the overbreadth-First Amendment context in the past. At first blush, it would seem that a narrowing construction could be validly applied in the instant case by eliminating subsection (c) defining \u201csexual harassment\u201d leaving 3/1/25, 10:37 v (1998) | FindLaw 10/22 subsection (a)(3) standing alone (\u201cintentionally subjects another to sexual harassment\u201d). This would require giving the term its plain and ordinary or common meaning. Anderson, 902 S.W.2d at 699.16 To do so would significantly alter the meaning of the statute as drafted by the Legislature. The manner and means of committing the offense would be changed new offense would be created. This the courts are not allowed to do under the guise of narrowing the construction of a statute with a gloss of constitutionality validity. Even if this was not true, leaving \u201csexual harassment\u201d statutorily undefined runs the risk of leaving the reconstructed statute vague. In Nichols, the court stated: (b) Definition. The question of what constitutes sexual harassment is a complicated and increasingly important one in our society. There is no agreed upon definition of the newly popular term. In some versions, it appears to cover the widest possible range of sins, from physical assault to reading a magazine in a public facility. Whether particular conduct is appropriate or whether it crosses the line is the subject of disagreement and controversy, always heated and often legitimate. Public opinion can change rapidly. It is quite possible for conduct that is acceptable today to become unacceptable tomorrow. One's views are influenced by one's age, sex, national origin, religion, philosophy, education, and experience. There is no uniform attitude towards the role of sex nor any agreement on what is appropriate for inclusion in a code governing sexual conduct. Nichols, 42 F.3d at 509-10. We conclude that this court may not validly reconstruct 39.03(a)(3), (c) in order to hold it constitutional. Any changes are within the province of the Legislature. Section 39.03(a)(3), (c) is unconstitutionally vague as a matter of due process on the basis of the twin dangers of a vague law-lack of notice and arbitrary and discriminatory application.17 We uphold the due process challenge as the enactment is impermissibly vague in all of its applications, including application to appellant.18 The statutory language in section 39.03(a)(3), (c) offends the Due Process Clause in the absence of an ascertainable standard. See Smith, 415 U.S. at 578, 94 S.Ct. 1242. The deficiency is particularly objectionable in view of the unfettered latitude accorded law enforcement officials, prosecutors, and triers of fact to apply their own notions of sexual harassment. Id As an alternative basis for our holding, we further find that section 39.03(a)(3), (c) is overbroad and violates the First Amendment to the United States Constitution, applicable to the states by virtue of the Fourteenth Amendment. Olvera, 806 S.W.2d at 548 n. 2. Appellant raised this issue in the court below and it is included and briefed in his argument to this court. The State contends the issue was not raised on appeal, but briefs the issue nonetheless. The \u201cbrief must state concisely all issues or points presented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included.\u201d Tex.R.App. P. 38.1(e). Moreover, First Amendment considerations are 3/1/25, 10:37 v (1998) | FindLaw 11/22 intertwined with the vagueness issue. See Long, 931 S.W.2d at 288. In the area of First Amendment rights, stricter standards of permissible statutory vagueness apply to a statute. First amendment rights are not to be abridged or even chilled by statutory vagueness. 16A C.J.S. Constitutional Law \u00a7 459 at 483 (1984). The State has, within its police power, the right to protect its legitimate interests. See Blanco v. State, 761 S.W.2d 38, 40 (Tex.App.-Houston [14th Dist.] 1988, no pet.) (citing Kovacs v. Cooper, 336 U.S. 77, 69 S.Ct. 448, 93 L.Ed. 513 (1949)). The right of the State is limited only by individual constitutional rights, such as First Amendment's free speech. Clark v. State, 665 S.W.2d 476, 482 (Tex.Crim.App.1984). An attack on a statute as being overbroad is normally and traditionally reserved for complaints concerning alleged First Amendment violations. Bynum, 767 S.W.2d at 772. Overbreadth is a term to describe a situation where a statute proscribes not only what may constitutionally be proscribed, but also forbids conduct which is protected, especially the First Amendment's safeguards of speech and press. The First Amendment literally forbids the abridgement only of \u201cspeech,\u201d but its protection does not end at the spoken or written word. Conduct may be sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments. See Texas v. Johnson, 491 U.S. 397, 404, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989); see also 16A C.J.S. Constitutional Law, \u00a7 459 at 484-85. Constitutional violations may also arise from the \u201cchilling\u201d effect of statutory provisions that fall short of direct prohibition against exercise of First Amendment rights. See Penny Saver Publications, Inc. v. Village of Hazel Crest, 905 F.2d 150, 154 (7th cir.1990). An individual whose own activities may validly be prohibited is permitted nonetheless to challenge a statute as overbroad because it also threatens others not before the court. Dubuisson v. State, 572 S.W.2d 694, 696 (Tex.Crim.App.1978). \u201cThe overbreadth doctrine has often been understood as an exception to the rule that individuals generally may not litigate the rights of third parties.\u201d Lawrence Tribe, American Constitutional Law \u00a7 12-27 at 1023 (1988); see also Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 503, 105 S.Ct. 2794, 86 L.Ed.2d 394 (1985 v. Button, 371 U.S. 415, 432-33, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). When this exception is applied, it may appear to be vindicating the rights of third parties, but in fact is doing no more than judging the party before the court by a permissible standard (the right of a litigant to be judged in accordance with a constitutionally valid rule of law). See Tribe, \u00a7 12-27 at 1024. The elements of First Amendment overbreadth analysis are familiar. Smith, 415 U.S. at 572 n. 7, 94 S.Ct. at 1247 n. 7; Grayned, 408 U.S. at 108-09, 92 S.Ct. 2294; Tribe, \u00a7 12-27 at 1012l. Only a statute that is substantially overbroad may be invalidated on its face. City of Houston, 482 U.S. at 458, 107 S.Ct. 2502; New York v. Ferber, 458 U.S. 747, 769, 102 S.Ct. 3348, 73 L.Ed.2d 1113 (1982). Criminal statutes, however, that make unlawful a substantial amount of constitutionally protected conduct may 3/1/25, 10:37 v (1998) | FindLaw 12/22 be held facially invalid even if they have legitimate application. Hill, 482 U.S. at 459, 107 S.Ct. 2502; Kolender, 461 U.S. at 359 n. 8, 103 S.Ct. 1855 n. 8. The instant statute deals with speech and expressive conduct. Section 39.03(a)(3), (c) by its literal language makes sexual harassment in part out of \u201cunwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature.\u201d This all-encompassing phrase constitutes the alternative manner and means of committing the offense. The First Amendment forbids the states to punish the use of words or language not within narrowly limited classes of speech. Gooding v. Wilson, 405 U.S. 518, 521-22, 92 S.Ct. 1103, 31 L.Ed.2d 408 (1972). Even to such classes the statute must be carefully drawn or authorizedly construed to punish only unprotected speech. Id. \u201cSpeech is often provocative and challenging \u2024 [But it] is nevertheless protected against censorship or punishment unless shown likely to produce a clear and present danger of a serious substantial evil that arises far above public inconvenience, annoyance, or unrest.\u201d Terminiello v. Chicago, 337 U.S. 1, 4, 69 S.Ct. 894, 93 L.Ed. 1131 (1949); Morehead, 807 S.W.2d at 580. The instant statute is not narrowly tailored to prohibit only disorderly conduct, fighting words, obscene or opprobrious language, or unprotected speech. There is nothing to suggest that the nature of the statute with regard to protected speech or expressive activity is both inevitable and essential to maintain public order. We conclude that section 39.03(a)(3), (c) is impermissibly overbroad because in addition to proscribing activity which may be validly forbidden constitutionally, it sweeps within its coverage a substantial amount of expressive activity which is protected by the free speech guarantee of the First Amendment. The protected activity is a significant part of the law's target. There exists no satisfactory way of severing the law's constitutional from its unconstitutional application so as to excise the latter from the law's reach. The State has an interest in the matter expressed by the nature of the statute but only by a constitutionally drafted statute. Appellant's first two points of error are sustained. The judgment of conviction is reversed and appellant is ordered acquitted 2. The indictment alleged the offense occurred between August 1, 1994, and February 15, 1995. Section 39.03 became effective September 1, 1994. Therefore, the former statute (\u00a7 39.02) was also implicated. See Act of May 24, 1973, 63rd Leg., R.S., ch. 399, 1973 Tex. Gen. Laws 883, 953, as amended by Act of May 28, 1989, 71st Leg., R.S., ch. 1217, \u00a7 1, 1989 Tex. Gen. Laws 4934, 4935 (adding subsection 39.02(a)(3), (c)), as amended by Act of March 25, 1991, 72nd Leg., R.S., ch. 16, \u00a7 19.01(34), 1991 Tex. Gen. Laws 244, 369, as amended by Act of May 29, 1993, 73rd Leg., R.S., ch. 900, \u00a7 1.01, 1993 3/1/25, 10:37 v (1998) | FindLaw 13/22 Tex. Gen. Laws 3586, 3674 (current version of \u00a7 39.03(a)(3), (c) to which reference will be made throughout instant opinion). 3. The indictment charged official oppression which is within the jurisdiction of the district court. Tex. Const. art. V, \u00a7 8; Tex.Code Crim. Proc. Ann. art. 4.05 (Vernon Supp.1998); Emerson v. State, 727 S.W.2d 267, 269 (Tex.Crim.App.1987). Official oppression is within the ambit of official misconduct. See Emerson, 727 S.W.2d at 268-69. At least, the district court had concurrent jurisdiction with the county court over the offense. See Loughry v. State, 926 S.W.2d 382, 385 (Tex.App.-Fort Worth 1996, pet. ref'd); Campos v. State, 783 S.W.2d 7, 8 (Tex.App.-Houston [14th Dist.] 1989, pet. ref'd). 4. The statutory term \u201ccommunity supervision,\u201d Tex.Code Crim. Proc. Ann. art. 42.12 (Vernon Supp.1998), is used interchangeably with the term \u201cprobation.\u201d See Rodriguez v. State, 939 S.W.2d 211, 220 n. 12 (Tex.App.-Austin 1997, no pet.). The constitutional basis for \u201ccommunity supervision\u201d is article IV, section 11a of the Texas Constitution which authorizes \u201cprobation,\u201d using that term. 5. The indictment is clearly no model. Cf. 7 Michael McCormick, Thomas Blackwell, Betty Blackwell, Criminal Forms and Trial Manual, \u00a7 20.03 at 157-58 (Texas Practice 1995). 6. We need not set out the facts in great detail in view of our disposition of the case. The complainant Gonzalez was hired by the Board of Trustees of the Via Metropolitan Transit in San Antonio as an assistant to the Board in securing federal grant money. She was placed in the Public Affairs Division of Via, with instructions to report to appellant, the Board Chairman. The allegations of the indictment were chiefly supported by Gonzalez's testimony since the matters arose in private conversations. Gonzalez commenced taping her conversations with appellant in December 1994 or January 1995. The tapes do not support the indictment's allegations. Several witnesses heard appellant tell Gonzalez to put on lipstick or makeup. The grand jury testimony by appellant was introduced. He acknowledged that on an occasion he told Gonzalez to put on lipstick because she looked pale.Gonzalez acknowledged that she had been hired by the Board and could only be fired by the Board, but knew appellant as Chairman, had great influence and that appellant had so informed her. There was testimony that Gonzalez traveled by plane with appellant to a transportation conference in Washington, D.C., in September 1994, going earlier and coming back later than other representatives of Via at the conference. Gonzalez was instructed to attend after-work meetings at the bar at the Mi Tierra Restaurant several nights a week. Other evidence showed that appellant frequently called Gonzalez at her home at night and that there was concern on the part of one Board member about the relationship. Other testimony indicated that appellant prevented Gonzalez from attending some Board meetings and dictated to her which employee or employees with whom she could not have lunch.There was no question that Gonzalez had demanded, requested, or expressed a desire repeatedly for a raise, an enclosed office, and a private secretary. One Board member testified that before Gonzalez started her $52,000 job, she requested a raise in order to influence the individuals with whom she would come 3/1/25, 10:37 v (1998) | FindLaw 14/22 into contact in the course of her employment. The request was denied. When Gonzalez commenced her employment, there was only one enclosed office in the Public Affairs Division which at the time was occupied by appellant smaller enclosed office was built for appellant and the larger one was assigned to Tom Campos, a staff member, by the general manager of Via and appellant. The secretary whom Gonzalez shared with others testified that she typed only three letters for Gonzalez in the eight months or so that Gonzalez was employed by Via.Other evidence indicated that Gonzalez was constantly inquiring about appellant's whereabouts, spent a great deal of time in appellant's office with the door closed, seemed happy and \u201cjolly\u201d around appellant, and fawned over him. She was always offering to take appellant to lunch or to drive him places. Appellant had a disability as a result of having polio when he was a child. Some witnesses testified that Gonzalez followed appellant around the office, even waiting for him outside the men's restroom. On one occasion, appellant was heard to tell Gonzalez that \u201che didn't need a shadow, that he had two at home, his mother and his dog.\u201d Gonzalez was also seen playing \u201cpatty-cake\u201d with appellant at the bar at Mi Tierra.There was evidence of dissension in the office between Gonzalez and other women employees, some of it arising from Gonzalez's insistence that she was another employee's supervisor. Gonzalez was to complete a legislative agenda project for the Board regarding federal grant money. The report was delayed month by month and, when it was tendered to the Board in January 1995, it was found unacceptable. There was evidence that the Board was generally becoming dissatisfied with Gonzalez's work.Gonzalez terminated her employment on February 15, 1995, and filed a complaint. Her husband and brother, both lawyers, presented a 1.2 million dollar claim to Via which was refused civil suit was filed and the instant criminal indictment came later.The trial court's jury charge tracked the indictment but submitted each allegation disjunctively authorizing conviction on any one of the allegations. 7. Appellant does not advance any argument based on the Texas Constitution. We need not consider such contention. See Corwin v. State, 870 S.W.2d 23, 27 n. 2 (Tex.Crim.App.1993); Morehead v. State, 807 S.W.2d 577, 579 n. 1, (Tex.Crim.App.1991); McCambridge v. State, 712 S.W.2d 499, 501-02 n. 9 (Tex.Crim.App.1986). 8. See note 2. 9. \u201cPublic servant\u201d means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:(A) an officer, employee, or agent of government;(B) a juror or grand juror; or(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or(D) an attorney at law or notary public when participating in the performance of a governmental function; or(E) a candidate for nomination or election to public office; or(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.Tex. Penal Code Ann. \u00a7 1.07(a)(41) (Vernon 1994). 3/1/25, 10:37 v (1998) | FindLaw 15/22 10. See note 2. 11. The nature of the indictment and the basis of the quashed order were not revealed by the legislative tapes. 12. Neither the bill analysis nor the legislative tapes mentioned the Commission on Judicial Conduct. See Tex. Gov't.Code Ann. \u00a7 33.001, et seq. (Vernon 1988). 13. Section 2000e-2(a)(1) states in part:Employer practicesIt shall be unlawful employment practice for an employer-1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, term, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin\u2024 14. The elements of a civil quid pro quo claim are: (1) the employee is a member of a protected class; (2) the employee is subject to unwelcome sexual advances or requests for sexual favors by one with apparent or actual authority over the employee; (3) the harassment complained of is based on sex; (4) the employee's submission to the unwelcome advances was an express or implied condition for receiving job benefits or that the employee's refusal to submit to a supervisor's sexual demands resulted in a tangible job detriment; and (5) the existence of respondeat superior liability. See Jones v. Flagship Int'l, 793 F.2d 714, 721-22 (5th Cir.1986); Henson v. City of Dundee, 682 F.2d 897, 909 (11th Cir.1982); Soto v. El Paso Natural Gas, 942 S.W.2d 671, 677-78 (Tex.App.-El Paso 1997, writ denied); Ewald, 878 S.W.2d at 658-59. 15. See Tex. Penal Code Ann. \u00a7 6.03 (Vernon 1994). 16. The term \u201csexual harassment\u201d is limited to or is described as a type of employment discrimination arising out of Title of the Civil Rights Act of 1964. Black's Law Dictionary 1375 (6th ed.1990). The term is not ordinarily found defined as a term. \u201cSexual\u201d means pertaining to or characteristic of sex, the sexes, or the organs or functions of sex. The Reader's Digest Great Encyclopedic Dictionary (1966); American Heritage Dictionary of the English Language at 1188 (1972). \u201cHarass\u201d means (1) to disturb or irritate persistently; (2) to wear out; exhaust. See American Heritage Dictionary of the English Language at 600 (1972). \u201cHarass\u201d has been described as a \u201ccourse of conduct\u201d which implies repetition or conduct of a continuing nature, directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. See Benton v. Comm'n of Lawyer Discipline, 933 S.W.2d 784, 787 (Tex.App.-Corpus Christi, 1996), reh'g overruled, 941 S.W.2d 229 (Tex.App.-Corpus Christi, 1997, no writ). \u201cHarass\u201d is used as a variety of legal contexts to describe words, gestures, and actions which tend to annoy, alarm and abuse (verbally) another person. Black's Law Dictionary 17 (6th ed.1990). 3/1/25, 10:37 v (1998) | FindLaw 16/22 17. Each of the twin dangers of a vague law is an independent ground for finding a statute void for vagueness. Adley, 718 S.W.2d at 685. 18. See Hoffman Estates, 455 U.S. at 494-95, 102 S.Ct. 1186; State v. Garcia, 823 S.W.2d 793, 796-97 (Tex.App.-San Antonio 1992, pet. ref'd). Normally, where First Amendment rights are not involved, an accused must show, in his challenge to the statute on the basis of vagueness, that the statute is unconstitutional as applied to him in his situation; that it may be unconstitutional to others is not sufficient. Bynum, 767 S.W.2d at 774. However, where the statute is impermissibly vague in all its applications, a different rule applies. Briggs v. State, 740 S.W.2d 803, 806 (Tex.Crim.App.1987); Anderson, 902 S.W.2d at 699 F. ONION, Jr., Justice (Assigned). Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 3/1/25, 10:37 v (1998) | FindLaw 17/22 Go to Learn About the Law v (1998) Docket No: No. 04-96-00140-CR. Decided: May 20, 1998 Court: Court of Appeals of Texas,San Antonio. Need to find an attorney? 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Terms > | Privacy > | Disclaimer > | Cookies > 3/1/25, 10:37 v (1998) | FindLaw 22/22", "8884_102.pdf": "Chico - Summary Report for EdSource - Non-Mgmt p. 1 File Text Pages Notes Search Fit width Page 1 of 1 D... Chico - Summar... Sign in \ud83c\uddfa\ud83c\uddf8 Feedback Download File Share & Embed View in Legacy DocumentCloud contributed by Daniel Willis (EdSource) created on 8/1/2022 last updated on 8/1/2022 language English 3/1/25, 10:37 Chico - Summary Report for EdSource - Non-Mgmt | DocumentCloud 1/1"} |
9,075 | Sesar Figueroa | Houston Christian University | [
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] | {"9075_101.pdf": "(/) Listen Watch Donate(/donate) ( Former track coach accused of sexual misconduct against students at Houston Christian University, new lawsuit say This is the second lawsuit on behalf of an unnamed track and field athlete at HCU. Both lawsuits name the former coach and th university as defendants. Lucio Vasquez (Https://Www.Houstonpublicmedia.Org/Articles/Author/Lucio-Vasquez/) | March 19, 2024, 12:20 search 2/27/25, 7:26 Former track coach accused of sexual misconduct against students at Houston Christian University, new lawsuit says \u2013 Houston Pu\u2026 1/6 Houston Christian University campus second lawsuit was filed against a former track coach from Houston Christian University who\u2019s accused of sexual misconduct against multiple fe students. Sesar Figueroa, HCU's former associate head track coach and recruiting coordinator, allegedly groomed female student-athletes and coerced them nonconsensual sex in exchange for opportunities, according to the lawsuit. Court records say Figueroa \"was particularly fond of young girls\" and \" upon them when they were most vulnerable.\" This behavior was allegedly \"enabled by HCU\u2019s complete lack of oversight,\" according to the lawsuit This is the second lawsuit on behalf of an unnamed track and field athlete at \u2014 the first case ( against-houston-christian-university/) was filed in Dec. 2022. Both lawsuits name Figueroa and as defendants. The Buzbee law firm, which is representing the female student-athletes, confirmed that they will be filing \u201cseveral more cases,\u201d but didn\u2019t specify e when they\u2019d be filed. According to the recent lawsuit, Figueroa began grooming the female track and field athlete during her freshman year in the form of extra attenti small gifts, which later escalated to items like \u201ccar repairs and a diamond necklace.\u201d The former coach is also accused of sending \"sexually charged messages\" and frequently offering the student opportunities in exchange for sex. Additionally, Figueroa allegedly forced the student to consume on multiple occasions and insisted on performing private massages, which often led to coerced sex, according to court documents. \u201cAt times Figueroa refused to take \u2018no\u2019 for an answer\u2014and at times the sex was aggressive,\u201d the lawsuit read. \u201cFigueroa took full advantage of his of power and relished in it.\u201d The lawsuit alleges that \"turned a blind eye\" after several students spoke out against Figueroa's alleged behavior. According to the suit, male athletes reported Figueroa for his preferential treatment of female student-athletes, but the university did nothing eventually terminated Figueroa after another student filed a criminal complaint against him, the lawsuit read. In a statement, university officials said they were \"troubled\u201d by the allegations and were cooperating with law enforcement 2/27/25, 7:26 Former track coach accused of sexual misconduct against students at Houston Christian University, new lawsuit says \u2013 Houston Pu\u2026 2/6 Criminal Justice (Https://Www.Houstonpublicmedia.Org/Topics/News/Criminal-Justice/) Education (Https://Www.Houstonpublicmedia.Org/Topics/Education/) Education News (Https://Www.Houstonpublicmedia.Org/Topics/News/Education-News/) Local (Https://Www.Houstonpublicmedia.Org/Topics/News/Local/) News (Https://Www.Houstonpublicmedia.Org/Topics/News/) Schools (Https://Www.Houstonpublicmedia.Org/Topics/Education/Schools/) Coach (Https://Www.Houstonpublicmedia.Org/Tag/Coach/) Houston Baptist (Https://Www.Houstonpublicmedia.Org/Tag/Houston-Baptist/) Houston Christian University (Https://Www.Houstonpublicmedia.Org/Tag/Houston-Christian-University/) Track And Field (Https://Www.Houstonpublicmedia.Org/Tag/Track-And-Field/) \"We take all reports of sexual misconduct seriously and have dedicated significant time and resources to ensuring the safety of students on our ca and under our care,\" the statement read. \"In the situations identified in these lawsuits, the University acted lawfully and in good faith, and we exp court to agree.\" Read the full lawsuit below: View Fullscreen ( file= FIGUEROA.pdf&attachment_id=480985&dButton=true&pButton=true&oButton=false&sButton=true&pagemode=none&_wpnonce=3252710f67) 1 of \u206814\u2069 Automatic Zoom Support Comes From 2/27/25, 7:26 Former track coach accused of sexual misconduct against students at Houston Christian University, new lawsuit says \u2013 Houston Pu\u2026 3/6 The Engines of Our Ingenuity 1285: Carriages ( of-our-ingenuity/engines-podcast/2024/11/23/505628/the- engines-of-our-ingenuity-1285-carriages/) Engines of Our Ingenuity 1137: America at the First Modern Olympics ( of-our-ingenuity/engines-podcast/2024/03/18/480481/engines- of-our-ingenuity-1137-america-at-the-first-modern-olympics/) Engines of Our Ingenuity 2913: Commercial Airline Seats ( of-our-ingenuity/engines-podcast/2023/06/15/453636/engines- of-our-ingenuity-2913-commercial-airline-seats/) Moral Outrage in America ( square/2023/06/08/453999/moral-outrage-in-america/) Measles alerts issued in San Antonio, New Braunfels and San Marcos as Texas outbreak spreads (/articles/news/health- science/2025/02/24/514586/measles-alerts-issued-in-san antonio-new-braunfels-and-san-marcos-as-texas- outbreak-spreads/) Texas Gov. 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An anonymous former student filed a lawsuit in Harris County court Friday against HCU, formally known as Houston Baptist, and its former associate head track coach and recruiting coordinator, Sesar Figueroa. The lawsuit describes Figueroa as a \"sexual predator [who was] particularly fond of young girls Reporter Tuesday, January 03, 2023 2/27/25, 7:26 Christian college 'turned blind eye' to coach sex abuse: lawsuit | Living 1/6 paid, promoted and harbored a sexual predator for years,\" the lawsuit reads. Get Our Latest News for Subscribe to get daily/weekly email with the top stories (plus special offers!) from The Christian Post. Be the first to know. The lawsuit alleges that Figueroa was already married to a former student when he allegedly \"preyed upon [students] when they were most vulnerable.\" The lawsuit further alleges that some who were prayed upon \"had difficult childhoods and looked to sports as a way up.\" \"He took advantage of that, and of them,\" the legal filing states. 2/27/25, 7:27 Christian college 'turned blind eye' to coach sex abuse: lawsuit | Living 2/6 The complaint claims Figueroa \"recruited his targets in his role as recruiting coordinator for the track program [and] once they were enrolled at HCU, Figueroa's manipulation of vulnerable women began with textbook grooming.\" \u201c[Figueroa] played favorites. He sent sexual messages. He probed and pushed their boundaries. He offered up intimate details of his marriage and his personal life. He offered small gifts; those small gifts lead to larger gifts and rewards, if, and only if, the particular woman being targeted responded in the manner he desired,\" reads the lawsuit. \"He provided and drank alcohol with many of those under his tutelage. He offered up athletic meet opportunities to those who responded sexually; he withheld such opportunities from those who would not.\" The plaintiff Jane Doe, who is not listed by her real name in the suit for privacy, is seeking the maximum amount of both compensatory and punitive damages allowed by law of over $5 million in total damages. Doe is allegedly not the only woman who has previously come forward to the Christian university with allegations against Figueroa, the suit states. Doe is described in the suit as an \"accomplished athlete who enrolled at for an education and the opportunity to excel at her chosen sport of women's track and field.\" Doe looked to Figueroa for \"guidance, support and necessary training to further her sports career.\" The complaint claims that Figueroa \"groomed\" Doe for sex over the years. \"Figueroa repeatedly subjected her to sexual advances and sexual inuendo. Figueroa cajoled, begged, bartered and sought sexual favors from [Doe],\" the complaint reads. \"Using his position, [Figueroa] traded jobs and positions in track meets in exchange for sex. Figueroa physically and mentally assaulted and degraded [Doe], both on and off HCU's campus and at sponsored events.\" The suit claims Doe was hard-working and viewed track as a way to overcome her \"extremely difficult childhood.\" 2/27/25, 7:27 Christian college 'turned blind eye' to coach sex abuse: lawsuit | Living 3/6 \"She was vulnerable. She struggled financially to make ends meet. Figueroa preyed upon this emotional and economic vulnerability. She now feels angry, used, embarrassed and extremely humiliated,\" the complaint states. On one occasion, the suit details that Figueroa claimed it was due to his connections that had ensured a place for Doe to participate in one prestigious track meet. Figueroa allegedly told Doe she would have to have sex with him after the meet to participate. Once intimate sexual activity began, the lawsuit claims Figueroa became \"aggressive\" and \"demanding.\" The suit also claims that Figueroa forced oral sex on Doe while she was intoxicated by the alcohol he provided. Doe often tried to \"avoid him or tell him no,\" according to the complaint, but she \"wanted badly to excel\" in track. As a result, there was no way to avoid the coach. \"At times, Figueroa refused to take 'no' for an answer and at times the sex was aggressive. Figueroa took full advantage of his position of power and relished in it,\" the lawsuit reads. Doe attempted to resolve this matter without the need for legal action, but the lawsuit contends that the effort failed. The lawsuit further alleges that the university knew about Figueroa's misconduct but \"turned a blind eye\" and allowed him to keep coaching failed to properly investigate itself, and failed to identify what can only be described as a systemic lack of oversight and willingness to accept egregious conduct without consequences or accountability,\" the lawsuit alleges. \"Instead of addressing a grave problem was only interested in protecting its public image and shielding itself from legal liability is accused of \"turning a blind eye to [Figueroa's] complete lack of boundaries and lack of professionalism.\" 2/27/25, 7:27 Christian college 'turned blind eye' to coach sex abuse: lawsuit | Living 4/6 The university released a statement saying it is \"troubled by any and all allegations of misconduct between University employees and students.\" Figueroa has also been terminated from his position as track coach and recruiting coordinator. The university is affiliated with the Baptist General Convention of Texas. \"We take all reports of sexual misconduct seriously and have dedicated significant time and resources to ensuring the safety of students on our campus and under our care,\" the university's Dec. 31 statement reads. \"When the University was made aware of allegations of misconduct related to this lawsuit, we took appropriate action to respond to these allegations by contacting and cooperating with law enforcement and terminating an assistant track coach. In the situations identified in the lawsuit filed, the University acted lawfully and in good faith, and we expect a court to agree.\" Nicole Alcindor is a reporter for The Christian Post. She can be reached at: [email protected]. 2/27/25, 7:27 Christian college 'turned blind eye' to coach sex abuse: lawsuit | Living 5/6 2/27/25, 7:27 Christian college 'turned blind eye' to coach sex abuse: lawsuit | Living 6/6", "9075_103.pdf": "3 warnings in effect for 3 counties in the area Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct Another lawsuit has now been filed against Houston Christian University involving allegations of sexual misconduct by former track coach Sesar Figueroa, according to court documents 2 Advertisement 2/27/25, 7:27 Sesar_Figueroa 1/3 Houston Christian University facing second lawsuit involving former track coach accused of sexual misconduct Houston Christian University was hit with a second lawsuit Tuesday involving allegations of sexual misconduct by a former track coach. Texas woman claims ex-track coach groomed her for years for \u2018unspeakable\u2019 sexual abuse while athlete at woman called only \"Jane Doe No. 1\" has sued Houston Christian University and former head track coach and recruiting coordinator Sesar Figueroa for more than $5 million after she claims in a lawsuit that she was groomed for years in a \"trap Advertisement 2/27/25, 7:27 Sesar_Figueroa 2/3 Omne Results Logo Listings Email Newsletters Feeds Contests and Rules Contact Us Meet the Team Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (713) 778-4745. At KPRC, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence. Copyright \u00a9 2025 Click2Houston.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. Advertisement 2/27/25, 7:27 Sesar_Figueroa 3/3", "9075_104.pdf": "Former Houston Christian University track coach accused of 'grooming' athletes in lawsuits By Mycah Hatfield Wednesday, January 4, 2023 HOUSTON, Texas (KTRK) -- Two lawsuits have already been filed, and at least six more are expected against Houston Christian University and a former member of their track coaching staff. Former track coach Sesar Figueroa is accused of \"grooming\" female athletes. 24/7 Live 67\u00b0 2/27/25, 7:27 Former Houston Christian University track coach Sesar Figueroa accused of 'grooming' student-athletes in lawsuits - ABC13 Houston 1/7 Sesar Figueroa served as the associate head track coach and recruiting coordinator for the program. Lawsuits filed by attorney Tony Buzbee on behalf of his clients accuse Figueroa of \"grooming\" the women. \"It's just a differential in power and somebody taking advantage of their position and an administration that looks the other way,\" Buzbee said. The lawsuit alleges the coach bought the female athletes gifts, including a diamond necklace, paid for work to be done on one of the women's cars, sent them explicit messages, gave them massages, drank with them, and promised them outside jobs \"with the understanding that acceptance of these 'perks' came with a price -- returned sexual favors from the Plaintiff.\" One of the women said she was told that she would have to have sex with the coach after a prestigious track meet if she wanted to participate. At least one of the young women did have sex with the track coach on multiple occasions and claims it was not always consensual. \"Once he was giving her alcohol, and so forth, she ultimately gave in to him to his demands, and he became very aggressive and in some cases violent,\" Buzbee said. \"The way she was looking at it was, 'He could end my athletic career right now,' so she was in a bad spot.\" 2/27/25, 7:27 Former Houston Christian University track coach Sesar Figueroa accused of 'grooming' student-athletes in lawsuits - ABC13 Houston 2/7 Buzbee said it was a sexual assault of one of the athletes in a parking lot that led all of them to come forward. The lawsuit alleges he \"forced himself upon Plaintiff by grabbing her and kissing her full on the mouth.\" She pushed him off of her and reported it to the police, which triggered an investigation by the university think they all agreed the investigation was a complete farce,\" Buzbee said. \"He was quietly terminated without any sort of explanation, and think one of the young women shared all of this with her father, and he encouraged her to step forward and do something about it.\" Houston police will not confirm whether they are investigating an incident if charges have not been filed. And Buzbee did not know the status of the police investigation. The lawsuit includes a photo of a Snapchat message allegedly sent to that female athlete after the parking lot encounter. \"That was pretty out of character yesterday,\" the message reads in part. \"Just guaranteeing it won't reoccur... accept my apology. (We now have a secret).\" The attorney said it was common knowledge among the athletes that Figueroa was \"flirty\" and took some of the female athletes out for drinks. The lawsuit said some of the 2/27/25, 7:27 Former Houston Christian University track coach Sesar Figueroa accused of 'grooming' student-athletes in lawsuits - ABC13 Houston 3/7 male athletes reported the coach's preferential treatment of female athletes to the university, and they did not take action. Houston Christian University issued the following statement: \"The University has received the lawsuit filed on Dec. 30, 2022. We are troubled by any and all allegations of misconduct between University employees and students. We take all reports of sexual misconduct seriously and have dedicated significant time and resources to ensuring the safety of students on our campus and under our care. When the University was made aware of allegations of misconduct related to this lawsuit, we took appropriate action to respond to these allegations by contacting and cooperating with law enforcement and terminating an assistant track coach. In the situations identified in the lawsuit filed, the University acted lawfully and in good faith, and we expect a court to agree.\" ABC13 could not get in touch with Figueroa for comment. And it is unclear if he has hired an attorney. On Wednesday, a judge granted an order that will allow Buzbee's team to collect data from Figueroa's phone, including Snapchat, and laptop. The next virtual court date in the case is set for Jan. 18. For more on this story, follow Mycah Hatfield on Facebook, Twitter and Instagram. Report a correction or typo Copyright \u00a9 2025 KTRK-TV. All Rights Reserved. 2/27/25, 7:27 Former Houston Christian University track coach Sesar Figueroa accused of 'grooming' student-athletes in lawsuits - ABC13 Houston 4/7 Related Topics War Thunder Play War Thunder now for free Play Now Crossout Crossout 2.0: Supercharged Play Now Pfizer The rise of health misinformation is a growing global crisis. 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All Rights Reserved. 2/27/25, 7:27 Former Houston Christian University track coach Sesar Figueroa accused of 'grooming' student-athletes in lawsuits - ABC13 Houston 7/7", "9075_105.pdf": "Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct Brittany Taylor, Senior Digital Content Producer Published: March 18, 2024 at 7:24 Updated: March 19, 2024 at 11:23 Tags: Tony Buzbee, Investigation, Houston Christian University, Crime \u2013 Another lawsuit has now been filed against Houston Christian University involving allegations of sexual misconduct by former track coach Sesar Figueroa, according to court documents. 3 warnings in effect for 3 counties in the area Second lawsuit filed against Houston Christian University 2 2 Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 1/10 Figueroa was the former associate head track coach and recruitment coordinator for lawsuit filed against the university by attorney Tony Buzbee accuses Figueroa of a pattern of preying on female athletes; offering them employment and prime competitive opportunities in exchange for sexual favors. Houston Christian University facing second lawsuit involving former track coach accused of sexual misconduct The lawsuit alleges that \u201cFigueroa -- already married to a former student -- was \u201cparticularly fond of young girls.\u201d The lawsuit reads, \u201cHe preyed upon (the athletes) when they were most vulnerable. Some had difficult childhoods and looked to sports as a way up. He took advantage of that, and of them.\u201d Advertisement Recommended Videos Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 2/10 The lawsuit further alleges the school did not do anything about Figueroa\u2019s preferential treatment of the female athletes. The lawsuits state continues to tout Figueroa\u2019s 27 individual conference champions, 19 silver medalists and 24 bronze medal finishes\u201d on its website. The school, the lawsuit claims, was \u201cwell aware\u201d of Figueroa\u2019s lack of boundaries and \u201cfondness for particular female (and only female) athletes.\u201d According to the lawsuit filed Monday, Figueroa \u201cphysically and mentally assaulted and degraded\u201d a woman referred to in court document as Jane Doe. Court documents read Figueroa started \u201cgrooming\u201d Jane Doe as early as her freshman year in college. In a previously filed lawsuit, Buzbee said Figueroa became aggressive with Jane Doe #2 when she rebuffed his advances. Buzbee said Jane Doe #2 filed a criminal complaint against Figueroa, which led to his termination from the university. However, Figueroa has not been charged with any crime. According to Buzbee, this is the third woman to accuse Figueroa and the university of misconduct. In a statement from HCU, officials said they are taking the reports seriously and are cooperating with the investigation. \u201cThis is pending litigation and we remain troubled by any and all allegations of misconduct by a University employee. We take all reports of sexual misconduct seriously and have dedicated significant time and resources to ensuring the safety of students on our campus and under our care. When the University was made aware of allegations of misconduct related to these lawsuits, we took appropriate action to respond to these allegations by contacting and cooperating with law enforcement and terminating an assistant track coach. In the situations identified in these lawsuits, the University acted lawfully and in good faith, and we expect a court to agree.\u201d Copyright 2024 by Click2Houston - All rights reserved. Advertisement Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 3/10 Brittany Taylor Award-winning journalist, mother, YouTuber, social media guru, millennial, mentor, storyteller, University of Houston alumna and Houston-native. email Marketplace Sell Your Items - Free to List Visit Full Marketplace Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 4/10 Set of 2 360 Video Games Elder Scrolls Oblivion $12 E. | sellwild.com Apple AirPods max $280 K. | sellwild.com Paris Sport Club Women's Long Sleeve Rabbit Hair Blue Sweate... $30 E. | sellwild.com California Design Women's Blue Military Round Neck Open Fron... $30 E. | sellwild.com Akademiks Mens Sz Short sleeve Shirt Nasa Space $18 E. | sellwild.com Women's casual blue dress size $94 T. | sellwild.com Powered by Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 5/10 Magnolia homeowner\u2019s father shoots man making threats to his daughter Man calls Houston police saying he shot, killed person rummaging inside his car in Alief Neighbor accused of shooting up birthday party in Harris County How to enjoy Houston Livestock Show and Rodeo on a budget one-day guide CLICK2PINS! Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 6/10 2 Caroline Brown Baby is here and we are so in love! Write Comment.. robertkegel01 Princess Brittney & Fur Baby Bolt Write Comment.. Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 7/10 Recommended Videos CLICK2SAVE Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 8/10 Upgrade your travel and beauty routine with these Insider Deals How you can get Microsoft Office for life for under $40 Omne Results Logo Listings Email Newsletters Feeds Contests and Rules Contact Us Meet the Team Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (713) 778-4745. At KPRC, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 9/10 Copyright \u00a9 2025 Click2Houston.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. Advertisement 2/27/25, 7:27 Houston Christian University struck with another lawsuit involving former track coach accused of sexual misconduct 10/10", "9075_106.pdf": "(/) Listen Watch Donate(/donate) ( Track coach accused of sexual misconduct in lawsuit filed against Houston Christian University According to the lawsuit, HCU\u2019s former associate head track coach and recruiting coordinator \u201cwas particularly fond of young g Lucio Vasquez (Https://Www.Houstonpublicmedia.Org/Articles/Author/Lucio-Vasquez/) | January 2, 2023, 12:29 search 2/27/25, 7:27 Track coach accused of sexual misconduct in lawsuit filed against Houston Christian University \u2013 Houston Public Media 1/6 Houston Christian University campus former track coach from Houston Christian University, formerly Houston Baptist, was accused of sexual misconduct against female students in filed lawsuit. According to the lawsuit, Sesar Figueroa, HCU\u2019s former associate head track coach and recruiting coordinator \u201cwas particularly fond of young girls \u201cpreyed upon them when they were most vulnerable.\u201d This behavior was allegedly \u201cenabled by HCU's complete lack of oversight,\u201d according to the The lawsuit was filed Dec. 30 on behalf of Jane Doe, an unnamed track and field athlete, and names Figueroa and Houston Christian University as defendants. It\u2019s one of multiple that\u2019ll be filed against the former coach \u201cas a result of what Figueroa did to the women track athletes at HCU,\u201d the read. According to court records, Figueroa\u2019s alleged misconduct came in the form of inappropriate text messages, gifts, opportunities to those who \u201cres sexually.\u201d The lawsuit says Figueroa had \u201cphysically and mentally assaulted and degraded\u201d the female track and field athlete for several years by sending \u201cse charged messages\u201d and frequently offering her opportunities in exchange for sex. Additionally, Figueroa allegedly insisted on performing private m which often led to coerced sex, according to court documents. In one instance, Figueroa allegedly got the student-athlete drunk, coerced her into having unprotected sex and forced her to take a Plan emerge contraception pill afterwards in order to prevent pregnancy, according to the lawsuit. The lawsuit alleges that \u201cturned a blind eye\u201d after several students spoke out against Figueroa\u2019s alleged behavior. According to the suit, male athletes reported Figueroa for his preferential treatment of female student-athletes, but the university did nothing eventually terminated Figueroa after another student filed a criminal complaint against him, the suit read. In a statement, university officials said they were \u201ctroubled by any and all allegations of misconduct between University employees and students\u201d responded to allegations by contacting and cooperating with law enforcement. \u201cWe take all reports of sexual misconduct seriously and have dedicated significant time and resources to ensuring the safety of students on our ca and under our care,\u201d the statement read. \u201cIn the situations identified in the lawsuit filed, the University acted lawfully and in good faith, and we ex court to agree.\u201d 2/27/25, 7:27 Track coach accused of sexual misconduct in lawsuit filed against Houston Christian University \u2013 Houston Public Media 2/6 Criminal Justice (Https://Www.Houstonpublicmedia.Org/Topics/News/Criminal-Justice/) Education (Https://Www.Houstonpublicmedia.Org/Topics/Education/) News (Https://Www.Houstonpublicmedia.Org/Topics/News/) Schools (Https://Www.Houstonpublicmedia.Org/Topics/Education/Schools/) Coach (Https://Www.Houstonpublicmedia.Org/Tag/Coach/) Houston Baptist (Https://Www.Houstonpublicmedia.Org/Tag/Houston-Baptist/) Houston Christian University (Https://Www.Houstonpublicmedia.Org/Tag/Houston-Christian-University/) Sexual Misconduct (Https://Www.Houstonpublicmedia.Org/Tag/Sexual-Misconduct/) Track And Field (Https://Www.Houstonpublicmedia.Org/Tag/Track-And-Field/) Read the full lawsuit below: View Fullscreen ( file= Demand.pdf&attachment_id=440177&dButton=true&pButton=true&oButton=false&sButton=true&pagemode=none&_wpnonce=3252710f67) 1 of \u206814\u2069 Automatic Zoom Support Comes From 2/27/25, 7:27 Track coach accused of sexual misconduct in lawsuit filed against Houston Christian University \u2013 Houston Public Media 3/6 The Engines of Our Ingenuity 1285: Carriages ( of-our-ingenuity/engines-podcast/2024/11/23/505628/the- engines-of-our-ingenuity-1285-carriages/) Former track coach accused of sexual misconduct against students at Houston Christian University, new lawsuit says ( justice/2024/03/19/480983/former-track-coach-accused-of- sexual-misconduct-against-students-at-houston-christian- university-new-lawsuit-says/) Engines of Our Ingenuity 1137: America at the First Modern Olympics ( of-our-ingenuity/engines-podcast/2024/03/18/480481/engines- of-our-ingenuity-1137-america-at-the-first-modern-olympics/) Engines of Our Ingenuity 2913: Commercial Airline Seats ( of-our-ingenuity/engines-podcast/2023/06/15/453636/engines- of-our-ingenuity-2913-commercial-airline-seats/) Measles alerts issued in San Antonio, New Braunfels and San Marcos as Texas outbreak spreads (/articles/news/health- science/2025/02/24/514586/measles-alerts-issued-in-san antonio-new-braunfels-and-san-marcos-as-texas- outbreak-spreads/) Texas Gov. Greg Abbott says Colony Ridge community target of immigration enforcement (/articles/news/politics/immigration/2025/02/24/514 gov-greg-abbott-says-colony-ridge-community-targe immigration-enforcement/) As Elon Musk veers right, some Tesla drivers in Texas are saying \u2018hell no\u2019 (/articles/news/politics/2025/02/25/514694/as-elon-musk- veers-right-some-tesla-drivers-in-texas-are-saying-hell-no announces 118 arrests in Colony Ridge; agency\u2019s Houston spokesperson confirms one arrest (/articles/news/politics/immigration/2025/02/25/51 s-ice-announces-118-arrests-in-colony-ridge-but-loc bureau-confirms-only-one-case/) Support Comes From 2/27/25, 7:27 Track coach accused of sexual misconduct in lawsuit filed against Houston Christian University \u2013 Houston Public Media 4/6 Resources like these are made possible by the generosity of our community of donors, foundations, and corporate partners. 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Houston Christian University is being accused of being complicit in sexual assault complaints against one of their former coaches, according to a lawsuit filed on Tuesday. seng kui Lim / 500px/Getty Images/500px Watch More 2/27/25, 7:27 Houston Christian University coach accused of sex misconduct 2/6 Attorneys for the plaintiff listed as Jane Doe allege Figueroa targeted and preyed upon young, vulnerable women with difficult childhoods Article continues below this ad \"Plaintiff looked to Coach Figueroa for guidance, support, and necessary training to further her sports career. Instead, from the very beginning of her tenure, plaintiff was groomed by Defendant Figueroa so that he could have sexual relations with her, which he was ultimately able to do. Defendant was well aware of Figueroa\u2019s lack of boundaries and fondness for particular female (and only female) athletes,\" according to court documents. They continue accusing the university of \"a lack of oversight\" and said that despite multiple accusations against Figueroa officials failed to investigate the complaints properly. \"Even after a criminal complaint and formal report was made involving another female athlete failed to properly investigate itself, and failed to identify what can only be described as a systemic lack of oversight and willingness to accept egregious conduct without consequences or accountability. Instead of addressing a grave problem was only interested in protecting its public image and shielding itself from legal liability,\" court records say. 2/27/25, 7:27 Houston Christian University coach accused of sex misconduct 3/6 March 19, 2024 Kennedy Sessions Kennedy was a Metro reporter for Chron born and raised in Houston. She was previously a reporter for the Texas Signal. She enjoys traveling, reading romance novels, and listening to Beyonce. Jane Doe's attorneys also claim Figueroa \"played favorites\" and \"sent sexual messages via text and social media.\" Then, he \"offered up intimate details of his marriage and his personal life to build intimacy,\" attorneys wrote. \"He offered small gifts; those small gifts lead to larger gifts and rewards, if and only if, the particular woman being targeted responded in the manner he desired,\" according to court records. \"He provided and drank alcohol with many of those under his tutelage. He offered up athletic meet opportunities to those who responded sexually; he withheld such opportunities from those who would not.\" This is the second lawsuit regarding sexual misconduct against Figueroa and one of Houston's private higher education universities. The first was filed on Dec. 30, in which the plaintiff's attorneys outlined Figueroa's \"textbook grooming\" and allegedly gift-giving, similar to those in the lawsuit filed on Tuesday. According to the suit moved to fire Figueroa after a student filed a criminal complaint against him. More News Storm | How much snow did Houston get? Data | Breach compromises information of 61,000 Texans Service | Mayor orders full return to office for all city employees Radio | People are not happy with this Texas show's replacement For the latest and best from Chron, sign up for our daily newsletter here. Around The Web Powered by 2/27/25, 7:27 Houston Christian University coach accused of sex misconduct 4/6 An Advanced Research Tool By Ethereal Search Engine Get Personalized Mortgage Advice Close to Home By Get Ready to Rethink Your Workplace Shoe Game By The Smart Approach to Selling Your Home By Achieve Total Peace of Mind With Ring Devices By 9 Kinds of Ancestors You Could Find on Your Family Tree By Is My Space a Good Fit for Airbnb? 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7,270 | William L. Merrill | Central Michigan University | [
"7270_101.pdf",
"7270_102.pdf",
"7270_103.pdf"
] | {"7270_101.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Advertisement Former Central Michigan University professor gets nearly 6-year sentence on child pornography charge Updated: Jul. 23, 2013, 11:16 p.m. | Published: Jul. 23, 2013, 10:16 p.m. Subscribe William L. Merrill By Cole Waterman | [email protected] \u2014 In learning he was going to spend nearly six years in a federal prison for amassing a collection of child pornography, a former Central Michigan University professor said his own abuse as a child compelled him to seek out such material. \"My childhood and teen years put some context around what did,\" William L. Merrill told Judge Thomas L. Ludington on Tuesday, July 23, in U.S. District Court in Bay City. Advertisement Merrill, 58, whose research included censorship and the Internet, added that he knew his own past did not excuse such conduct. Advertisement never harmed a child, but understand children were abused. Because of my collection, children were abused,\" he said. Before Ludington sentenced Merrill to 70 months in prison and five years of supervised release, he asked him how he explained his interest in such material to the extent that he compiled a library of more than 60,000 videos and 100,000 images. Merrill replied that he lived in Europe as a preteen and was involved in recorded sexual activity and that when he began searching the Internet for child pornography, he was looking for himself in such material kept those materials because felt, emotionally was protecting those individuals,\u201d Merrill said. Assistant U.S. Attorney Libby Kelly Dill said that Merrill\u2019s collection depicted children engaged in violent sexual acts, 90 percent of which was recorded after 1970. Merrill also had images of cartoon violence toward children, Dill said. Merrill in March pleaded guilty to one count of receipt of child pornography, a 20-year felony with a mandatory minimum sentence of five years of incarceration. In pleading, Merrill said that in the summer of 2003, he downloaded a video depicting children engaged in sexual acts. He also said he downloaded some images in his office at CMU. In exchange for his plea, prosecutors dismissed a second count of receipt of child pornography and a charge of possession of child pornography, a 10-year felony. Advertisement Do you know all the best places in your neighborhood? We do. Discover the best food and places to visit nominated by your peers and ranked by MLive.com MLive.com Sitting behind Merrill at his sentencing were his wife, three adult children, siblings and numerous friends and colleagues. An admittedly nervous Merrill apologized to them and to CMU. Merrill\u2019s attorney, Frank Reynolds, said that his client had \u201ctremendous family support.\u201d He added that his wife talked Merrill out of committing suicide once police began investigating him and that Merrill has been receiving mental health treatment. Merrill told Ludington he plans to spend his time in prison continuing to read and learn know through counseling what led to this, what issues have, and know I\u2019m never going to repeat these acts of downloading and storing child pornography,\" he said. Merrill\u2019s activities came to authorities\u2019 attention on Oct. 30 when staff noticed 170 gigabytes of data were transferred from a single computer on campus. Staff determined the computer in question was Merrill\u2019s Apple laptop, according to court records member of the university\u2019s information technology staff examined Merrill\u2019s laptop and discovered three videos depicting child pornography, court records show. Staff alerted university police of the content. Questioned by police, Merrill said he \u201cwas sexually assaulted as a minor and wanted to know if child pornography was as repulsive as he had read about,\u201d according to court records. Merrill went on to tell officers he watched two of the three videos and did not have any more such material. Police in November executed a search warrant at Merrill\u2019s office and home and confiscated numerous video tapes and computers. Officers turned the items over to the FBI, who recovered more than 5,487 images of child porn and 26 similar videos Charges upgraded against Bay City man accused of stabbing police, using baby as shield Feb. 27, 2025, 5:31 a.m. Reward offered for info on unsolved 2020 double homicide, and other Saginaw- area news this week Feb. 23, 2025, 3:00 a.m. Merrill resigned from his tenured position at on Nov. 12, after the university suspended him Nov. 5 and launched a separate internal investigation into possible misconduct. The day after his resignation, Merrill was arraigned in Isabella County District Court on single felony counts of distributing or promoting child sexually abusive activity and possessing child sexually abusive material and two counts of using a computer to commit a crime. He was also charged with misdemeanor weapons offense. Merrill on Nov. 20, 2012, was charged federally with one count of possession of child pornography. Isabella County prosecutors dismissed their case once federal authorities picked up the case federal grand jury indicted Merrill in December 2012. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. Around the Web War Thunder | Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. 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All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7270_102.pdf": "v (2022) United States District Court, E.D. Michigan, Northern Division Plaintiff, v MERRILL, Defendant. Case No. 1:12-cr-20839 Decided: May 02, 2022 This matter is before this Court on Defendant's Motion for Early Termination of Supervised Release No. 30. As explained hereafter, Defendant's Motion will be granted. I. For 25 years, Defendant William Lord Merrill, Ph.D., was a professor of education at Central Michigan University (CMU).1 By all accounts, Defendant excelled in his role, publishing numerous articles and books, and serving in various leadership positions. But unbeknownst to his family and friends, during his last ten years at the university, Defendant spent much of his free time amassing a large collection of child pornography. In 2012, CMU's Department \u201cquarantined\u201d Defendant's computer for using an unusually high amount of bandwidth. Upon inspecting the computer, CMU's Department discovered images and videos that appeared to depict child pornography. The Department then contacted the local police, who executed a search warrant at Defendant's home and office and discovered some 106,000 images and 6,000 videos of child pornography. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:28 v (2022) | FindLaw 1/12 Defendant was indicted in December 2012 and pleaded guilty three months later to one count of receipt of child pornography, 18 U.S.C. \u00a7 2252(a)(2 Nos. 14; 20. Due to his lack of criminal history and certain mitigating circumstances, Defendant's Guidelines range was 70 to 87 months. At sentencing, Defendant's counsel argued that his conduct was partly the result of mental illness and childhood trauma, including sexual abuse No. 26 at PageID.100\u201305. His argument was supported by his treating psychologist, who claimed that Defendant was not a \u201csexual deviant\u201d and did not pose a risk to children No. 26-2 at PageID.137. After considering counsel's arguments, this Court sentenced Defendant to 70 months' incarceration followed by five years' supervised release No. 28. He did not appeal his conviction or seek any form of post-conviction relief and was released from custody on August 18, 2018. Having successfully completed nearly 39 months of supervision, Defendant now seeks early termination of his supervised release. See No. 30. The Government opposes Defendant's Motion, citing his longstanding battle with mental illness and the exceptional circumstances of his offense No. 31 at PageID.240. In connection with Defendant's Motion, this Court has sought the opinion of Defendant's supervising probation officer, who has submitted a written report, which is on file with the Court. Because Defendant has expressly waived his right to a hearing No. 30 at PageID.214, this Court will decide his Motion on the papers, see FED. R. CRIM. P. 32.1(c)(2)(A). II. Under 18 U.S.C. \u00a7 3583, a sentencing court may terminate a term of supervised release if \u201cafter considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7) \u2024 it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice \u2024\u201d 18 U.S.C. \u00a7 3583(e). The relevant \u00a7 3553 factors are: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed-- (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; 2/27/25, 7:28 v (2022) | FindLaw 2/12 (4) the kinds of sentence and the sentencing range established for-- (A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines\u2024 (5) any pertinent policy statement\u2024 (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution to any victims of the offense. 18 U.S.C. \u00a7 3553(a). \u201cEarly termination of supervised release is a discretionary decision that is only warranted in cases where the defendant shows changed circumstances\u2014such as exceptionally good behavior.\u201d United States v. Atkin, 38 F. App'x 196, 198 (6th Cir. 2002) (unpublished). III. A. Defendant's criminal conduct was, as the Government notes, \u201cextraordinary No. 31 at PageID.239. Few child-pornography offenders manage to operate for nearly a decade without detection or to amass the number of images and videos that Defendant did. Id. at PageID.239 (noting that \u201cdefendant possessed over 106,000 images and over 1,600 videos\u201d). Yet as extraordinary as his criminal conduct was, his conduct since his arrest has more than demonstrated his willingness and ability to live a productive life. Accordingly, after considering the relevant statutory factors, this Court finds that early termination of supervised release is \u201cwarranted by [Defendant's] conduct \u2024 and the interest of justice.\u201d 28 U.S.C. \u00a7 3583(e). i. The first factor is \u201cthe nature and circumstances of the offense and the history and characteristics of the defendant.\u201d 18 U.S.C. \u00a7 3553(a)(1). The seriousness of Defendant's offense is well documented. To summarize, over nearly a decade, Defendant gathered over 100,000 images, each of which exploited children. That conduct is especially reprehensible given Defendant's role as a professor of education\u2014someone whom educators looked to and trusted. Yet considerable weight must also be given to Defendant's personal circumstances and history. As recounted in his PSR, Defendant was sexually abused as a child. At that time, he and his family were living in Germany, where one of his teenage classmates regularly abused him and other children. 2/27/25, 7:28 v (2022) | FindLaw 3/12 Because of his abusive relationship with his parents, Defendant never told them about the incident. Before returning to Michigan at the age of 11, Defendant attempted suicide by hanging but the rope broke. Overwhelmed with shame and depression, Defendant acted out in his teenage years, abusing drugs and alcohol, and fighting with his peers. He became sober after marrying his wife in 1973 but continued to struggle with depression and PTSD. In the early 2000s, Defendant came across child pornography (allegedly unintentionally) and quickly became obsessed with collecting the images and videos that he found online. His obsession apparently continued until his arrest in 2012. Since his arrest nearly ten years ago, Defendant has committed himself to a new path in life. As confirmed by his probation officer, Defendant has successfully completed two sex-offender treatment programs (one in prison and one on supervised release); five polygraph tests; and 39 months of computer monitoring. Now retired, Defendant apparently spends most of his time volunteering in his community and church No. 30 at PageID.216. Defendant also attends therapy twice a week and intends to continue doing so indefinitely No. 30 at PageID.216. According to his probation officer, Defendant \u201cappears motivated and well-equipped to maintain a healthy lifestyle moving forward.\u201d2 Defendant's good conduct is also substantiated by letters from his psychologist, a former colleague, and his former pastor\u2014all of whom describe him as a decent and respectful person. See id. at PageID.232\u2013 34. The Government's emphasis on Defendant's criminal conduct is well placed; few child-pornography offenders have done what Defendant did. But the weight of his criminal conduct must be balanced against his exceptional conduct over the past decade. On balance, Defendant's personal history and good conduct tip the scales in his favor. For these reasons, the first factor weighs in favor of early termination. ii. The second factor is \u201cthe need for the sentence imposed.\u201d 18 U.S.C. \u00a7 3553(a)(2). This factor addresses the multiple objectives of the criminal sentence, including \u201cto afford adequate deterrence to criminal conduct,\u201d \u201cto protect the public from further crimes of the defendant,\u201d and \u201cto provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.\u201d Id. \u00a7 3553(a)(2)(B)\u2013(D). In cases like this, the criminal sentence is primarily intended to punish the offender and to deter other would-be offenders. See United States v. Bistline, 665 F.3d 758, 764 (6th Cir. 2012) (\u201cCongress's long and repeated involvement in raising the offense levels for \u00a7 2G2.2 makes clear that the grounds of its action were not only empirical, but retributive\u2014that they included not only deterrence, but punishment.\u201d). 2/27/25, 7:28 v (2022) | FindLaw 4/12 But the statute authorizing district courts to terminate a term of supervised release plainly omits the punishment factor\u2014\u00a7 3553(a)(2)(A)\u2014from the list of statutory factors that courts may consider. See 18 U.S.C. \u00a7 3583(e) (providing that courts may consider \u201cthe factors set forth in section 3553(a)(1), (a)(2) (B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)\u201d). Accordingly, the task here is not to determine whether Defendant deserves additional punishment but whether he requires additional deterrence or correctional services. And given the totality of the circumstances, he seems to require neither. By all appearances, Defendant has adjusted well after custody and enjoys the support of his family and community. He also possesses sufficient financial resources to pay for psychological treatment. As for the protection of the public, Defendant's therapist states that, in her professional opinion, \u201c[Defendant] [poses] an extremely low risk for recidivism No. 30 at PageID.232; see also No. 26-2 at PageID.137 (\u201cMr. Merrill is not \u2024 a sexual deviant; no children are at risk from him.\u201d). And this Court is unaware of any evidence that would undermine that opinion. For these reasons, the second factor weighs in favor of early termination. iii. The third factor is \u201cthe kinds of sentence and the sentencing range established for [Defendant's offense.]\u201d 18 U.S.C. \u00a7 3553(a)(4). Having pled guilty to receipt of child pornography, Defendant was subject to five-year mandatory minimums for both his custodial and supervised-release sentences. See 18 U.S.C. \u00a7 2252(b)(1). Given his personal circumstances, he received a custodial sentence at the bottom of his Guidelines range (70 months) and the minimum five years of supervised release No. 28. Despite being mandatory at the time of sentencing, Defendant's five-year term of supervised release may be terminated because he has completed at least one year of supervision. United States v. Spinelle, 41 F.3d 1056, 1060\u201361 (6th Cir. 1994) (\u201c[A] district court has discretionary authority to terminate a term of supervised release after the completion of one year, pursuant to 18 U.S.C. \u00a7 3583(e)(1), even if the defendant was sentenced to a mandatory term of supervised release under 21 U.S.C. \u00a7 841(b)(1)(C) and 18 U.S.C. \u00a7 3583(a).\u201d). Even so, Defendant received a custodial sentence at the bottom of the Guidelines range, much less than the 20-year maximum that Congress authorized. See 18 U.S.C. \u00a7 2252(b)(1). For these reasons, the third factor is neutral. iv. 2/27/25, 7:28 v (2022) | FindLaw 5/12 The fourth factor is \u201cany pertinent policy statement\u201d that is (1) \u201cissued by the Sentencing Commission\u201d and (2) \u201cin effect on the date the defendant is sentenced.\u201d 18 U.S.C. \u00a7 3553(a)(5). Defendant's does not identify any pertinent policy statement, and this Court is unaware of any. Accordingly, the fourth factor is neutral. v. The fifth factor is \u201cthe need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.\u201d 18 U.S.C. \u00a7 3553(a)(6). Defendant points to multiple cases in which courts have granted early termination of supervised release under similar circumstances. E.g., United States v. Laszlo, No. 2:16-cr-20501 (E.D. Mich. June 24, 2019) (defendant convicted of possessing child pornography who completed 36 months in custody and roughly 40% of supervised-release term No. 6; United States v. Johnson, No. 1:14-cr-20437 (E.D. Mich. June 6, 2019) (defendant convicted of receipt of child pornography who completed 84 months in custody and roughly 60% of supervised-release term No. 8. Upon consideration of these and other cases, this Court finds that granting Defendant's Motion for Early Termination would promote uniformity in sentencing. United States v. Simmons, 501 F.3d 620, 623 (6th Cir. 2007) (noting that \u00a7 3553(a)(6) is concerned with \u201cnational disparities among the many defendants with similar criminal backgrounds convicted of similar criminal conduct\u201d). Accordingly, the fifth factor weighs in favor of early termination. vi. The sixth and final factor is \u201cthe need to provide restitution to any victims of the offense.\u201d 18 U.S.C. \u00a7 3553(a)(7). Defendant was not ordered to pay restitution, so this factor is neutral No. 28. B. In summary, the relevant \u00a7 3553(a) factors score 3\u20130\u20133 in favor of early termination. Based on those factors, this Court finds that early termination of Defendant's supervised release is \u201cwarranted by [his] conduct \u2024 and the interest of justice.\u201d 18 U.S.C. \u00a7 3583(a)(1). IV. Accordingly, it is that Defendant's Motion for Early Termination of Supervised Release No. 30, is GRANTED. Further, it is that Petitioner's term of supervised release is hereby TERMINATED. 2/27/25, 7:28 v (2022) | FindLaw 6/12 1. The facts stated here derive from Defendant's Presentence Investigation Report (PSR), which is on file with this Court. 2. As a matter of department policy, however, Defendant's probation officer is prohibited from recommending early termination of supervised release for individual convicted of a sex offense United States District Judge Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law \uf105 2/27/25, 7:28 v (2022) | FindLaw 7/12 v (2022) Docket No: Case No. 1:12-cr-20839 Decided: May 02, 2022 Court: United States District Court, E.D. Michigan, Northern Division. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:28 v (2022) | FindLaw 8/12 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/27/25, 7:28 v (2022) | FindLaw 9/12 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/27/25, 7:28 v (2022) | FindLaw 10/12 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 7:28 v (2022) | FindLaw 11/12 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:28 v (2022) | FindLaw 12/12", "7270_103.pdf": "From Casetext: Smarter Legal Research United States v. Merrill United States District Court, E.D. Michigan, Northern Division May 2, 2022 615 F. Supp. 3d 626 (E.D. Mich. 2022) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Case No. 1:12-cr-20839 2022-05-02 of America, Plaintiff, v. William Lord MERRILL, Defendant L. LUDINGTON, United States District Judge William J. Vailliencourt, Jr., U.S. Attorney, DOJ-USAO, Bay City, MI, for Plaintiff. *627 627 Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 1/10 William J. Vailliencourt, Jr., U.S. Attorney, DOJ-USAO, Bay City, MI, for Plaintiff L. LUDINGTON, United States District Judge *628 This matter is before this Court on Defendant's Motion for Early Termination of Supervised Release No. 30. As explained hereafter, Defendant's Motion will be granted. 628 I. For 25 years, Defendant William Lord Merrill, Ph.D., was a professor of education at Central Michigan University (CMU). By all accounts, Defendant excelled in his role, publishing numerous articles and books, and serving in various leadership positions. But unbeknownst to his family and friends, during his last ten years at the university, Defendant spent much of his free time amassing a large collection of child pornography. 1 1 The facts stated here derive from Defendant's Presentence Investigation Report (PSR), which is on file with this Court. In 2012, CMU's Department \"quarantined\" Defendant's computer for using an unusually high amount of bandwidth. Upon inspecting the computer, CMU's Department discovered images and videos that appeared to depict child pornography. The Department then contacted the local police, who executed a search warrant at Defendant's home and office and discovered some 106,000 images and 6,000 videos of child pornography. Defendant was indicted in December 2012 and pleaded guilty three months later to one count of receipt of child pornography, 18 U.S.C. \u00a7 2252(a)(2 Nos. 14; 20. Due to his lack of criminal history and certain mitigating circumstances, Defendant's Guidelines range was 70 to 87 months. At sentencing, Defendant's counsel argued that his conduct was partly the result of mental illness and childhood trauma, including sexual abuse 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 2/10 No. 26 at PageID.100\u201305. His argument was supported by his treating psychologist, who claimed that Defendant was not a \"sexual deviant\" and did not pose a risk to children No. 26-2 at PageID.137. After considering counsel's arguments, this Court sentenced Defendant to 70 months\u2019 incarceration followed by five years\u2019 supervised release No. 28. He did not appeal his conviction or seek any form of post-conviction relief and was released from custody on August 18, 2018. Having successfully completed nearly 39 months of supervision, Defendant now seeks early termination of his supervised release. See No. 30. The Government opposes Defendant's Motion, citing his longstanding battle with mental illness and the exceptional circumstances of his offense No. 31 at PageID.240. In connection with Defendant's Motion, this Court has sought the opinion of Defendant's supervising probation officer, who has submitted a written report, which is on file with the Court. Because Defendant has expressly waived his right to a hearing No. 30 at PageID.214, this Court will decide his Motion on the papers, see FED. R. CRIM. P. 32.1(c)(2)(A). II. Under 18 U.S.C. \u00a7 3583, a sentencing court may terminate a term of supervised release if \"after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7) ... it is satisfied that such action is *629 warranted by the conduct of the defendant released and the interest of justice....\" 18 U.S.C. \u00a7 3583(e). 629 The relevant \u00a7 3553 factors are: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed-- (B) to afford adequate deterrence to criminal conduct; 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 3/10 (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (4) the kinds of sentence and the sentencing range established for-- (A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines ... (5) any pertinent policy statement ... (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution to any victims of the offense. 18 U.S.C. \u00a7 3553(a). \"Early termination of supervised release is a discretionary decision that is only warranted in cases where the defendant shows changed circumstances\u2014such as exceptionally good behavior.\" United States v. Atkin , 38 F. App'x 196, 198 (6th Cir. 2002) (unpublished). III. A. Defendant's criminal conduct was, as the Government notes, \"extraordinary No. 31 at PageID.239. Few child-pornography offenders manage to operate for nearly a decade without detection or to amass the number of images and videos that Defendant did. Id. at PageID.239 (noting that \"defendant possessed over 106,000 images and over 1,600 videos\"). Yet as extraordinary as his criminal conduct was, his conduct since his arrest has more than demonstrated his willingness and ability to live a productive life. Accordingly, after considering the relevant statutory factors, this Court 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 4/10 finds that early termination of supervised release is \"warranted by [Defendant's] conduct ... and the interest of justice.\" 28 U.S.C. \u00a7 3583(e). i. The first factor is \"the nature and circumstances of the offense and the history and characteristics of the defendant.\" 18 U.S.C. \u00a7 3553(a)(1). The seriousness of Defendant's offense is well documented. To summarize, over nearly a decade, Defendant gathered over 100,000 images, each of which exploited children. That conduct is especially reprehensible given Defendant's role as a professor of education\u2014someone whom educators looked to and trusted. Yet considerable weight must also be given to Defendant's personal circumstances and history. As recounted in his PSR, Defendant was sexually abused as a child. At that time, he and his family were living in Germany, where one of his teenage classmates regularly abused him and other children. Because of his abusive relationship with his parents, Defendant never told them about the incident. Before returning to Michigan at the age of 11, Defendant attempted suicide by hanging but the rope broke. Overwhelmed with shame and depression, Defendant acted out in his teenage years, abusing drugs and alcohol, and fighting with his peers. He became sober after marrying his wife in 1973 but continued to struggle with depression and PTSD. In the early 2000s, Defendant came across *630 child pornography (allegedly unintentionally) and quickly became obsessed with collecting the images and videos that he found online. His obsession apparently continued until his arrest in 2012. 630 Since his arrest nearly ten years ago, Defendant has committed himself to a new path in life. As confirmed by his probation officer, Defendant has successfully completed two sex-offender treatment programs (one in prison and one on supervised release); five polygraph tests; and 39 months of computer monitoring. Now retired, Defendant apparently spends most of his time volunteering in his community and church No. 30 at PageID.216. Defendant also attends therapy twice a week and intends to continue doing so indefinitely No. 30 at PageID.216. According to his 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 5/10 probation officer, Defendant \"appears motivated and well-equipped to maintain a healthy lifestyle moving forward.\"2 2 As a matter of department policy, however, Defendant's probation officer is prohibited from recommending early termination of supervised release for individual convicted of a sex offense. Defendant's good conduct is also substantiated by letters from his psychologist, a former colleague, and his former pastor\u2014all of whom describe him as a decent and respectful person. See id. at PageID.232\u201334. The Government's emphasis on Defendant's criminal conduct is well placed; few child-pornography offenders have done what Defendant did. But the weight of his criminal conduct must be balanced against his exceptional conduct over the past decade. On balance, Defendant's personal history and good conduct tip the scales in his favor. For these reasons, the first factor weighs in favor of early termination. ii. The second factor is \"the need for the sentence imposed.\" 18 U.S.C. \u00a7 3553(a) (2). This factor addresses the multiple objectives of the criminal sentence, including \"to afford adequate deterrence to criminal conduct,\" \"to protect the public from further crimes of the defendant,\" and \"to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.\" Id. \u00a7 3553(a)(2) (B)\u2013(D). In cases like this, the criminal sentence is primarily intended to punish the offender and to deter other would-be offenders. See United States v. Bistline , 665 F.3d 758, 764 (6th Cir. 2012) (\"Congress's long and repeated involvement in raising the offense levels for \u00a7 2G2.2 makes clear that the grounds of its action were not only empirical, but retributive\u2014that they included not only deterrence, but punishment.\"). But the statute authorizing district courts to terminate a term of supervised release plainly omits the punishment factor\u2014 \u00a7 3553(a)(2)(A) \u2014from the list of statutory factors that courts may consider. See 18 U.S.C. \u00a7 3583(e) 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 6/10 (providing that courts may consider \"the factors set forth in section 3553(a) (1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)\"). Accordingly, the task here is not to determine whether Defendant deserves additional punishment but whether he requires additional deterrence or correctional services. And given the totality of the circumstances, he seems to require neither. By all appearances, Defendant has adjusted well after custody and enjoys the support of his family and community. He also possesses sufficient financial resources to pay for psychological treatment. *631 As for the protection of the public, Defendant's therapist states that, in her professional opinion, \" [Defendant] [poses] an extremely low risk for recidivism No. 30 at PageID.232; see also No. 26-2 at PageID.137 (\"Mr. Merrill is not ... a sexual deviant; no children are at risk from him.\"). And this Court is unaware of any evidence that would undermine that opinion. 631 For these reasons, the second factor weighs in favor of early termination. iii. The third factor is \"the kinds of sentence and the sentencing range established for [Defendant's offense.]\" 18 U.S.C. \u00a7 3553(a)(4). Having pled guilty to receipt of child pornography, Defendant was subject to five-year mandatory minimums for both his custodial and supervised-release sentences. See 18 U.S.C. \u00a7 2252(b)(1). Given his personal circumstances, he received a custodial sentence at the bottom of his Guidelines range (70 months) and the minimum five years of supervised release No. 28. Despite being mandatory at the time of sentencing, Defendant's five-year term of supervised release may be terminated because he has completed at least one year of supervision. United States v. Spinelle , 41 F.3d 1056, 1060\u201361 (6th Cir. 1994) (\"[A] district court has discretionary authority to terminate a term of supervised release after the completion of one year, pursuant to 18 U.S.C. \u00a7 3583(e)(1), even if the defendant was sentenced to a mandatory term of supervised release under 21 U.S.C. \u00a7 841(b)(1)(C) and 18 U.S.C. \u00a7 3583(a).\"). 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 7/10 Even so, Defendant received a custodial sentence at the bottom of the Guidelines range, much less than the 20-year maximum that Congress authorized. See 18 U.S.C. \u00a7 2252(b)(1). For these reasons, the third factor is neutral. iv. The fourth factor is \"any pertinent policy statement\" that is (1) \"issued by the Sentencing Commission\" and (2) \"in effect on the date the defendant is sentenced.\" 18 U.S.C. \u00a7 3553(a)(5). Defendant's does not identify any pertinent policy statement, and this Court is unaware of any. Accordingly, the fourth factor is neutral. v. The fifth factor is \"the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.\" 18 U.S.C. \u00a7 3553(a)(6). Defendant points to multiple cases in which courts have granted early termination of supervised release under similar circumstances. E.g., United States v. Laszlo , No. 2:16-cr-20501 (E.D. Mich. June 24, 2019) (defendant convicted of possessing child pornography who completed 36 months in custody and roughly 40% of supervised-release term No. 6; United States v. Johnson , No. 1:14-cr-20437 (E.D. Mich. June 6, 2019) (defendant convicted of receipt of child pornography who completed 84 months in custody and roughly 60% of supervised-release term No. 8. Upon consideration of these and other cases, this Court finds that granting Defendant's Motion for Early Termination would promote uniformity in sentencing. United States v. Simmons , 501 F.3d 620, 623 (6th Cir. 2007) (noting that \u00a7 3553(a)(6) is concerned with \"national disparities among the many defendants with similar criminal backgrounds convicted of similar criminal conduct\"). Accordingly, the fifth factor weighs in favor of early termination. *632 vi. 632 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 8/10 The sixth and final factor is \"the need to provide restitution to any victims of the offense.\" 18 U.S.C. \u00a7 3553(a)(7). Defendant was not ordered to pay restitution, so this factor is neutral No. 28. B. In summary, the relevant \u00a7 3553(a) factors score 3\u20130\u20133 in favor of early termination. Based on those factors, this Court finds that early termination of Defendant's supervised release is \"warranted by [his] conduct ... and the interest of justice.\" 18 U.S.C. \u00a7 3583(a)(1). IV. Accordingly, it is that Defendant's Motion for Early Termination of Supervised Release No. 30, is . Further, it is that Petitioner's term of supervised release is hereby TERMINATED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 9/10 Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:28 United States v. Merrill, 615 F. Supp. 3d 626 | Casetext Search + Citator 10/10"} |
8,833 | William Boltz | University of Washington | [
"8833_101.pdf",
"8833_102.pdf"
] | {"8833_101.pdf": "In survivors' words: How colleges should better respond to sexual misconduct Five former Washington students who reported sexual misconduct share the changes they want to see in university Title systems. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 1/21 Published March 6, 2022 Content advisory: This story includes descriptions of sexual assault. Resources for survivors are available here. ashington state\u2019s six public universities received more than 2,500 reports of sexual misconduct or intimate partner violence in the past five years, according to their data. The schools investigated about a fifth of these reports through internal systems. Under Title IX, the federal civil rights law, schools must respond to reports of sexual misconduct and ensure survivors have equal access to education. The others cases were not investigated at the reporting party\u2019s request or because they were deemed to fall outside of the schools\u2019 conduct codes, which prohibit sexual activity without a person\u2019s consent. There were also likely more cases of sexual misconduct that were not reported. Surveys conducted by the state\u2019s public universities, as well as national groups such as the Association of American Universities, have found that most survivors do not report and cite reasons such as not trusting their schools to respond. Marginalized groups \u2014 including students of color and those who are trans, nonbinary, queer, bisexual or have disabilities \u2014 faced sexual misconduct at disproportionately high rates, and some said they were less confident their reports would be taken seriously. For students who do report, the process can be lengthy and emotionally taxing. Dozens of people shared their stories with The Seattle Times, including 25 who reported cases to a Washington state college in the past several years. Most said they were frustrated with how their cases were handled. They described being too 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 2/21 exhausted at the end of the process, or not having enough information, to formally challenge their college\u2019s response. Here, five former students talk about their frustrations with the system and how they hope it will change \u2022 \u2018Nothing should have happened to any of us sexual assault case at highlights gaps in how colleges respond to misconduct \u2022 Resources for navigating Title and sexual misconduct at Washington colleges The Seattle Times generally does not name survivors of sexual assault without their permission. The people in this story chose how much of their names to use and whether to share their stories through photos, videos or handwritten statements. Their accounts are supported by university records. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 3/21 Amy McGhee reported her professor to the University of Washington's Title office decades after leaving without her Ph.D. She says she wishes she had felt supported to report sooner. \"Everyone deserves to live their life without duress, without pressure, without coercion,\" McGhee said. \"It's important to tell the story.\" This video contains descriptions of sexual misconduct. (Corinne Chin and Ramon Dompor / The Seattle Times) 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 4/21 Amy McGhee finds strength and peace in rowing. \u201cIt expresses a raw, solid power,\u201d says McGhee, a mother, military veteran, business owner and a lover of classical Chinese literature. \u201cThe energy goes deep, right into my bones and into my muscles can fly free.\u201d (Erika Schultz / The Seattle Times) my McGhee was pursuing her Ph.D. on a national fellowship in the \u201990s. Her adviser at the University of Washington, William Boltz, was an expert in her field. McGhee said he asked to see where she lived early on, and she explicitly told him they could not have a physical relationship. But she said Boltz\u2019s behavior escalated. She said he belittled her and once pushed her into a corner in his office, forcing his tongue into her mouth. \u201cIt was wearing me down,\u201d McGhee said. \u201cThe only way out was to get as far from academia as could get, where he had no power.\u201d McGhee left with her master\u2019s and joined the U.S. Army Reserve. In 2015, after returning to to audit classes, she reported Boltz. Administrators spoke to him, noting he 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 5/21 \u201cassumed responsibility\u201d and agreed to sexual harassment coaching paid for by the university, according to records. The university offered McGhee a year of free classes, but not as an admitted student, she said. She\u2019d have to retake the and reapply to the program. That year, Boltz taught classes she wanted to take. The other professors wouldn\u2019t talk to her unless it was about school, she said. McGhee didn\u2019t end up applying was just trying to find my way back and being minimized the whole way,\u201d she said. Soon after McGhee left called her. They received another report about Boltz in 2017. UW\u2019s investigation found that two other women said Boltz trapped them in his arms and tried to kiss them in his office, according to records. Two additional women said he groped them. Their accounts ranged from the \u201990s to 2011. They said Boltz had the ability to influence their careers. Boltz\u2019 recollection was generally consistent with the women\u2019s, a investigator found. Boltz lost the ability to receive merit pay or salary increases for two years after the investigation and was required to participate in further coaching said. In an email to The Times, Boltz wrote made poor decisions and wrong choices, and am genuinely sorry for that.\u201d He said coaching showed him \u201cthe impact of the kind of imbalance of authority and \u2018power\u2019 that exists between teacher and student,\u201d which he hadn\u2019t recognized. Now in his late 70s, Boltz is a professor emeritus and teaches a class. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 6/21 By allowing him to teach, McGhee said is still giving him power over students. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 7/21 Elena took this photo on a 2020 drive through Washington state. \u201cDriving has always been a way can find solitude and self reflection, especially in the aftermath of trauma,\u201d she said. lena was a sophomore at the University of Washington when she reported that another student subjected her to unwanted sexual contact. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 8/21 Both told investigators that they had dated for a few weeks. They said they had been kissing but there was no verbal consent from Elena for anything more, according to university records. Elena (her middle name) told she cried, then went along with it to speed things up before saying stop, ending the contact, which she found painful. The other student, who blocked a reporter who reached out over social media, told they thought kissing implied consent and that Elena would say no if she was uncomfortable. Elena\u2019s roommates told she was distraught afterward. Elena said she was especially confused because the student was a survivors\u2019 advocate. She reported sexual assault to in October 2015, hoping she wouldn\u2019t have to see the student anymore. UW\u2019s investigation and discipline process took nine months. \u201cIt was unnecessarily painful and burdensome,\u201d Elena said. \u201cBeing a queer person who had this experience with another queer person made the situation harder. The system didn\u2019t know how to handle my case.\u201d UW\u2019s conduct director found the student did not seek and Elena did not give consent, which defined as \u201cactual words or conduct indicating freely given agreement\u201d to a specific act. The director suggested a two-quarter suspension. The student appealed. Elena went before an appeal panel of professors in radiology, molecular neuroscience and history. She said they didn\u2019t seem knowledgeable about sexual assault in queer 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 9/21 relationships and that she had to give a detailed account multiple times. \u201cThey were questioning every part of the scenario except, \u2018Did you say yes?\u2019\u201d she said. The faculty overturned the decision, saying the other student was \u201cunusually well informed about issues of sexual violence\u201d and had a reasonable interpretation, as the conduct code didn\u2019t require verbal consent. They vacated Elena\u2019s campus no-contact order against the student. The board was split, as one member told The Times they dissented. Elena appealed to President Ana Mari Cauce\u2019s office, which sided with the faculty spokesperson said cannot comment on specific cases and that it would be inappropriate to re-evaluate the past decision. He said queer students\u2019 cases are treated the same as others. UW\u2019s volunteer faculty board now conducts paper reviews instead of live hearings to reduce the possibility of retraumatization, he said. The five other public universities in the state said they use faculty boards for live hearings or appeals. Two also have students sit on the boards. The colleges said members receive training on implicit bias and sexual misconduct. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 10/21 After Holly Maggard reported that a Western Washington University student sexually assaulted her, the university issued a no-contact order. She said it wasn\u2019t enforced felt rage, and felt a huge lack of support, and like, \u2018Wow \u2014 the system is really failing me and probably many other survivors,\u2019\u201d Maggard said. This video contains descriptions of sexual assault. (Ramon Dompor and Corinne Chin / The Seattle Times) 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 11/21 Holly Maggard works in human resources and enjoys cooking and hiking. The Washington Park Arboretum, where she is photographed, holds special meaning since her fiance surprised her with a marriage proposal at the park in December 2020. Her linden flower tattoo is a symbol of her first experience using plants as medicine, taught by her future mother-in-law. (Erika Schultz / The Seattle Times) olly Maggard was a freshman at Western Washington University when she said another student sexually assaulted her in her dorm room. She filed a report in 2015 with the university, feeling unsafe and uncomfortable on campus and hoping the student would be expelled conducted an investigation and found the student responsible for sexual misconduct, university records show. The university put him on probation for almost two years. It mandated counseling, issued a no-contact order preventing him from contacting Maggard or coming within 25 feet of her on campus, and banned him from entering the dining hall where she worked. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 12/21 was pretty upset about (the lack of severity of the punishment), but ended up not going through the appeal process because was really struggling to even think about it,\u201d she said. Maggard said the student didn\u2019t follow the no-contact order, and when she told the dean of students\u2019 office, they told her they couldn\u2019t prove that he was within 25 feet of her because she didn\u2019t take a photo. Many student survivors say their schools do not meaningfully enforce campus no-contact orders, which are not court-ordered, according to advocacy group Know Your was extremely anxious and hyper aware of my surroundings,\u201d she said was always on the lookout and it was really exhausting.\u201d In one instance, the student came to the dining hall while she was working. Maggard said she explained the situation to her supervisor, who called university police, but police said they had no information about the dining hall ban. Maggard said that after the assistant dean of students and the police arrived, they told her they wanted to let the student finish his lunch spokesperson said they could not comment on the case for privacy reasons, but the university does not give information on campus no-contact orders to university police because the orders are not criminal in nature. When reached by phone, the student declined to comment. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 13/21 was pretty shocked and disappointed with how was treated by the university,\u201d Maggard said don\u2019t want anyone else to experience what did.\u201d Maggard graduated in 2018 with bachelor\u2019s degrees in Spanish and religion and culture. She\u2019s considering doing advocacy work in the future for sexual assault survivors. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 14/21 Students at Washington State University organize an annual demonstration in which sexual assault survivors and their supporters write on articles of clothing that are hung up on campus. A.W. took this photo after participating in 2016. n fall 2016, A.W. left a party at Washington State University feeling too intoxicated to drive and nervous about walking home alone. She called a friend who had offered to let her crash at his fraternity. He planned to sleep on his couch, according to his later statement to the university. A.W. said she woke up multiple times that night to the man groping her, according to university records. She froze, reminded of a previous trauma. \u201cHe was a friend and violated my trust,\u201d she said. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 15/21 She texted him the next day. At first, he said nothing sexual occurred. But when she said she remembered him touching her, he apologized. \u201cOh must have been asleep. I\u2019m sorry :/,\u201d he replied. \u201cSorry doesn\u2019t excuse what happened,\u201d she said. \u201cBecause remember you asking me if \u2018it was okay\u2019 and don\u2019t think ever said yes.\u201d The man declined to comment when contacted by a reporter. In his statement to WSU, he accused A.W. of \u201csetting (him) up\u201d because he didn\u2019t call the next morning. In 2016, A.W. reported to police and WSU, which found the man subjected her to unwanted sexual contact. The case then went before an administrative law judge to determine discipline. \u201cIt was so overwhelming to have to relive and verbalize every little detail,\u201d A.W. said. \u201cWe literally went hour by hour through everything that happened to me that night.\u201d Seven months after she reported, the man was suspended for a semester. But, as A.W. discovered at the hearing, the man had already withdrawn from WSU. He attended another university for a semester and graduated from the following year, according to an archive of his personal website. The other university said it doesn\u2019t ask transfer students about ongoing sexual misconduct investigations said it does not comment on specific student cases. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 16/21 None of the state\u2019s public universities have policies to place holds on students' transcripts during investigations, although some do this at their discretion. None ask applicants about prior investigations, although The Evergreen State College allows for self-disclosure does notify other colleges of suspensions or expulsions for sexual misconduct when they request transcripts. This was recommended by a state task force and national associations years ago, but only and Eastern Washington University routinely do this. Jennette Kachmar was in her first quarter at the University of Washington when she said she was sexually assaulted. \"There is a rape culture that exists,\" Kachmar said of UW. She says she wants campus police officers and the Title office to undergo training that allows them to be more sensitive toward survivors of trauma. (Corinne Chin and Ramon Dompor / The Seattle Times) 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 17/21 Jennette Kachmar \u2014 a graduate student, painter and winter sports enthusiast \u2014 says she finds purpose and feelings of success in volunteering, including sharing sexual assault resources on campus. \u201cHelping others makes me the most happy,\u201d she says. (Erika Schultz / The Seattle Times) ennette Kachmar transferred to the University of Washington from a community college in 2019. She and another student \u2014 one of the first friends she made at school \u2014 stopped by her dorm before going to the gym. The man opened the bathroom door while Kachmar was changing and groped her, she said. She repeatedly told him to stop, but she said he didn\u2019t listen. After processing what happened, Kachmar reported it to the campus police. She said an officer told her the case wouldn't go anywhere because of a lack of evidence, persuading her not to seek charges. The officer said that in general, she wouldn't give her opinion on whether a case would succeed in court. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 18/21 think the biggest issue that faced was individuals trying to invalidate my experience or saying that it wasn't enough,\u201d Kachmar said. When she went to the campus counseling center, she said she cried in the lobby for hours waiting for a 15-minute emergency session. She said finding a private therapist was challenging on a low income and state insurance. Campus counseling centers have told lawmakers for years that the demand for services is far beyond their capacity spokesperson said crisis services can face delays and that the counseling center provides referrals when long-term support is unavailable. Kachmar had a class with the man that fall. To get a campus no-contact order, she had to go through a university investigation, which lasted nearly a year. New Title regulations took effect after Kachmar\u2019s report. Advocates are critical of these rules, put in place by the Trump administration, but some say one good aspect is that it's clear students can get mutual no-contact orders without investigations. In Kachmar\u2019s case, a university hearing officer found the student violated policy against sexual assault and sexual harassment and suspended him for a quarter. When reached by The Seattle Times, the student denied groping Kachmar, although he said that \u201cthere was contact.\u201d When asked to clarify, he said he did not want to dispute details of a closed case but feels he was unfairly punished. The student appealed, and the hearing officer instructed a faculty board to consider his request, noting that \u201chis community service is admirable.\u201d Kachmar said this was irrelevant. \u201cTaking one quarter off will not impact him (as) much as have been impacted academically at UW,\u201d she wrote. Kachmar had to take a hardship withdrawal from school after the assault. The board upheld the student\u2019s discipline in fall 2020. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 19/21 \u2022 \u2018Nothing should have happened to any of us sexual assault case at highlights gaps in how colleges respond to misconduct \u2022 Resources for navigating Title and sexual misconduct at Washington colleges Reporting: Asia Fields and Taylor Blatchford Photography: Erika Schultz Editing: Jonathan Martin, Laura Gordon and Emily M. Eng Video: Corinne Chin, Ramon Dompor and Lauren Frohne Photo editing: Fred Nelson Design: Jennifer Luxton Credits 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 20/21 Times Watchdog stories dig deep to hold power accountable, right wrongs and create change. This work is made possible by The Seattle Times Investigative Journalism Fund. Donate today to support watchdog journalism in our community. 2/27/25, 7:28 In survivors' words: How colleges should better respond to sexual misconduct 21/21", "8833_102.pdf": "William G. Boltz Education University of California, Berkeley (B.A., M.A., Ph.D.) Scientific career Fields Chinese writing, philology, textual criticism Institutions University of Washington Chinese name Chinese \u9c8d\u5219\u5cb3 Transcriptions Standard Mandarin Hanyu Pinyin B\u0101o Z\u00e9y\u00f9e William G. Boltz William G. Boltz is a professor emeritus at the University of Washington and a scholar of manuscript study, philology, and textual criticism, known for his studies of the origin of the Chinese writing system.[1] William G. Boltz attended the University of California, Berkeley and obtained his B.A., M.A., and Ph.D. degrees in Oriental Languages in 1965, 1969, and 1974, respectively. At Berkeley, he studied Chinese language and linguistics under Professor Yuen Ren Chao, Chinese philology under Professor Peter A. Boodberg, Chinese linguistics from Professor Kun Chang, and Romance philology and linguistics from Professor Yakov Malkiel. In 1981, He began working as a Professor of Classical Chinese in the Department of Asian Languages and Literature at the University of Washington.[2] In 2022, The Seattle Times reported that the University of Washington had investigated Boltz for multiple accusations of sexual harassment of students spanning several decades. Boltz received coaching from the university after several such incidents, as well as suspended merit pay increase for two years. He was permitted to continue teaching at the university. He has been quoted in the Times describing his actions as \"poor decisions and wrong choices.\"[3] As of 2022, Boltz is no longer teaching at UW. Boltz, William G. (1994). The Origin and Early Development of the Chinese Writing System. New Haven, Conn.: American Oriental Society 0-940-49018-8 1. \"William Boltz\" ( University of Washington. Retrieved 2021-07-28. 2. \"Professor Dr William G. Boltz\" ( 16068773). Universit\u00e4t Hamburg. Retrieved 2021-07-28. Education and career Selected works References 2/27/25, 7:28 William G. Boltz - Wikipedia 1/2 3. Fields, Asia; Blatchford, Taylor (2022-03-06). \"In survivors' words: How colleges should better respond to sexual misconduct\" ( tletimes.com/2022/sexual-misconduct-title-ix-washington-college-survivors-words/). Seattle Times. Archived from the original ( ngton-college-survivors-words/) on 2022-03-09. Retrieved 2022-03-09. Retrieved from \" 2/27/25, 7:28 William G. Boltz - Wikipedia 2/2"} |
7,926 | Mario T. Garcia | Yale University | [
"7926_101.pdf",
"7926_102.pdf"
] | {"7926_101.pdf": "Donate | Read the Print Edition Subscribe | Join the 27, 2025 For Our Readers: Reporting and WEDing Title | 1:20 11, 2011 This is the second installment of \u201cFor Our Readers,\u201d an online column written by the editors of News for the benefit of, well, our readers. Exploring issues of campus and city journalism, the column will aim to shed light on the decisions we make every night at 202 York St., answer your questions about our coverage and respond to reader concerns about accuracy and fairness. Read last week\u2019s column about our coverage of the Pundits party here. Submit questions, concerns and ideas for future columns to [email protected]. At 3:48 p.m. last Thursday, Hannah Zeavin \u201912 e-mailed me a press release that began: \u201cOn March 31, 2011, the U.S. Department of Education\u2019s Office for Civil Rights (OCR) announced an investigation of Yale University for its failure to eliminate a hostile sexual environment on campus, in violation of Title IX.\u201d For campus publications including the News, Broad Recognition and the Herald \uf002 2/27/25, 7:28 For Our Readers: Reporting and WEDing Title - Yale Daily News 1/4 as well as for national news outlets from to the New York Times, the announcement began a week of frantic reporting on the Title investigation. Reporting the story has been slow going, partly because neither the Yale administration nor the News has a copy of the complaint itself. Though we have requested the text of the complaint through the Freedom of Information Act, we understand that it contains sensitive information and hope to learn more about its contents without jeopardizing individuals\u2019 privacy or safety. If it contains more personal testimony and statistics than have been reported previously, the complaint may help us college reporters over the obstacle that we\u2019ve historically encountered when it comes to writing about sexual assault on campus: a lack of concrete information. Because the Executive Committee\u2019s disciplinary procedures are secret, we often learn little more than broad statistics \u2014 the total number of sexual assault cases brought before ExComm in any given year, for instance \u2014 and even those numbers are not released until years after the fact. Beyond its larger implications for Yale\u2019s sexual culture, federal funding and nationwide sexual assault reporting guidelines, the Yale Title investigation may help illuminate what has always been murky. Of course, we shouldn\u2019t be relying on the complaint to tell us about sexual assault at Yale. The investigation has highlighted the need for careful, sympathetic and dogged investigative reporting into private instances of sexual harassment and assault on our campus \u2014 things that aren\u2019t chanted on Old Campus or photographed in front of the Women\u2019s Center. This important reporting has been lacking from our pages. It will be difficult, delicate and slow, but we hope to make up for that lack in the coming months. On a (mostly) unrelated note: You may have noticed this past week that the printed paper wore a slightly different look \u2014 bolder, more colorful, more graphics-heavy. That\u2019s all thanks to Pegie Stark Adam, 2/27/25, 7:28 For Our Readers: Reporting and WEDing Title - Yale Daily News 2/4 the Ottawa-based designer who helped revamp the News\u2019 look in the fall of 2008. Along with Mario Garcia, she developed the concept of WED, or the marriage of writing, editing and design, which we\u2019ve tried to implement in the News ever since its redesign two years ago. Their idea: that the design of a story reflects its content, and that its visual presentation complements the information given within it. Dr. Adam returned to 202 York last Sunday to oversee production for two nights, resulting in two fresh and unusual front pages. The first, Monday\u2019s front page, focused on the death of Mandi Schwartz \u201911. The second featured an update on the Title investigation. Title was, and continues to be, a story without obvious visuals: beyond reprinting photos of the chanting incident or the Zeta Psi Women\u2019s Center photograph, or portraits of the complainants themselves, there is little we can do to illustrate the story visually. So Dr. Adam suggested that we try a \u201ctype attack\u201d \u2014 using large, capitalized letters to emphasize the headline, \u201cWhat\u2019s next with Title IX?\u201d We\u2019re always striving to present our content in the best possible light, whether with infographics, strategically grouped photographs or what Dr. Adam calls a \u201ctype attack\u201d of artfully placed typography. Sometimes we\u2019re surprised by the success of our own experiments; sometimes we realize they\u2019ve gone too far, or haven\u2019t printed right; but we hope they\u2019re always interesting CO., INC. 202 York Street, New Haven 06511 | (203) 432-2400 Editorial: (203) 432-2418 | [email protected] 2/27/25, 7:28 For Our Readers: Reporting and WEDing Title - Yale Daily News 3/4 Business: (203) 432-2424 | [email protected] 2025 2/27/25, 7:28 For Our Readers: Reporting and WEDing Title - Yale Daily News 4/4", "7926_102.pdf": "Chicano-Studies Scholar Left Yale Amid Harassment Charges December 9, 1992 Chicano-studies scholar who left Yale University this year was the focus of allegations that he had sexually harassed a graduate student. sex When Mario T. Garcia left Yale last summer to return to his former job as a professor of Chicano studies and history at the University of California at Santa Barbara, he cited personal reasons (The Chronicle, November 18). Mr. Garcia, who had been at Yale since 1990, has strongly denied the allegations. To continue reading for FREE, please sign up free account provides you access to free articles each month, newsletters, job postings, salary data, and exclusive store discounts. Yes, please send me Academe Today, The Chronicle's daily flagship newsletter First Name Enter your first name Last Name Enter your last name Email [email protected] Password your password Sign In 28/02/2025, 17:49 Chicano-Studies Scholar Left Yale Amid Harassment Charges 1/6 Already have an account We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Top Articles ATTACK' States Are Once Again Taking Aim at Tenure. This Time Might Be Different Funding Is at a Standstill. This Professor Is Tracking the Delays Tracking Higher Ed\u2019s Dismantling of EFFECT' This Year\u2019s Ph.D. Admissions Cycle Is Leaving Students in the Lurch By creating a free account, you are agreeing to receive updates and special offers from The Chronicle and our selected partners. Unsubscribe links are provided in every email. View our user agreement and privacy policy. Subscribe today to try unlimited access for just $4 for your first month. Share From the Chronicle Store 28/02/2025, 17:49 Chicano-Studies Scholar Left Yale Amid Harassment Charges 2/6 Visit The Store What\u2019s happening on your campus? We are tracking how these laws are affecting colleges. If you have information to share, please fill out our form On My Campus 28/02/2025, 17:49 Chicano-Studies Scholar Left Yale Amid Harassment Charges 3/6 Jobs Recommended For You Provost, Vice President of Academic Affairs Saint Martin's University Provost American University Provost & Vice-President (Academic) McMaster University Head Cashier University of Dayton Community Education Assistant Foothill-De Anza Community College District View More Jobs Where Higher Ed Goes to Find What's Next Explore thousands of open opportunities today 28/02/2025, 17:49 Chicano-Studies Scholar Left Yale Amid Harassment Charges 4/6 Teaching Join a community of instructors and improve your teaching and learning outcomes with our free weekly newsletter. Email address Sign Up In The Chronicle Store Higher Education in 2035 The Future of Regional Publics 28/02/2025, 17:49 Chicano-Studies Scholar Left Yale Amid Harassment Charges 5/6 Subscribe Today 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward- looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle. The Neurodiverse Campus Adapting to 28/02/2025, 17:49 Chicano-Studies Scholar Left Yale Amid Harassment Charges 6/6"} |
8,525 | Hans A. (Johann) Hofmann | University of Texas – Austin | [
"8525_101.pdf",
"8525_102.pdf",
"8525_103.pdf"
] | {"8525_101.pdf": "UT-Austin acknowledges 17 cases of sexual misconduct by employees Under pressure to more fully account for sexual misconduct cases, the university released a summary of violations over the past two years. The list includes three faculty members JAN. 9, 2020 5 Seventeen employees at the University of Texas at Austin, including three faculty members and one research fellow, were found to have violated the flagship's sexual misconduct policies between November 2017 and December 2019, according to a university document released Thursday. One faculty member, a professor in the department of integrative biology, Johann Hofmann, \u201callegedly tried to start a consensual relationship\u201d with a graduate student and \u201cmade inappropriate comments of a sexual nature\u201d to the student, who contacted administrators in December 2017, the document shows professor in the college of pharmacy, Kevin Dalby, \u201callegedly made inappropriate comments of a sexual nature to a student third faculty member, Coleman Hutchison, did not disclose a \"consensual, romantic relationship\u201d with a graduate student and made inappropriate comments, including about \u201cthe attractiveness of women faculty members and other women scholars in front of graduate students,\u201d according to the report. Hofmann and Dalby denied some of the allegations and \u201ctried to provide context regarding\u201d others, according to the university\u2019s records, which were released in response to a public information request. All three men were punished by the university, which said through a spokesperson Thursday that \u201csexual misconduct violates the values and policies of Austin.\u201d \u201cEvery individual who serves our university must feel valued, respected and free to learn and work in a safe environment,\u201d said UT-Austin spokesperson J.B. Bird. \u201cTransparency around past violations, which is mandated by the Texas Public Information Act, is an important step toward accountability.\u201d Hofmann was temporarily barred from holding an administrative or leadership position within the university and from supervising graduate students on his own, was suspended for one Editor's note: This story has been updated to include comments from Thomas Hubbard. 3/1/25, 10:33 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 1/5 semester without pay, and was removed as a lab facilities director. Dalby was temporarily prohibited from sole-supervising graduate students. Hutchison was, for a time, barred from supervising graduate students on his own, being appointed to an administrative or leadership position at the university, or being promoted to full professor. All three faculty members received written reprimands, had to discuss their behavior with college officials and had to develop plans to manage their \"professional working relationships with students.\" Of the 14 other employees on the list, 10 resigned or were terminated, including a supervisor with Libraries and director and lecturer in the Department of Radio-Television-Film who \"allegedly made inappropriate comments of a sexual nature\u201d and \u201cengaged in unwelcome physical contact with multiple students.\u201d (Both denied the allegations, according to the university records.) Five of the employees are barred from future employment with the university, and one of the 10 \u2014 a research fellow in the Department of Geography and the Environment who \u201callegedly attempted, on multiple occasions, to engage in unwelcome physical contact with a faculty member\u201d \u2014 resigned for unrelated reasons has about 3,000 teaching faculty members and 24,000 staff members, including student and seasonal employees, Bird said human resources department coordinates the disciplinary process for staff. The provost\u2019s office oversees the process for tenured and tenure-track faculty. Although has provided a similar summary before, the Thursday release follows months of protests by UT-Austin students angered that two professors punished for sexual misconduct violations had returned to the classroom to teach undergraduates. Both men's cases had been reported in the news media and one of the men, Hutchison, was included in the records released Thursday. The other, professor Sahotra Sarkar, was suspended for a semester after students complained he asked them to pose for nude photos and swim with him at a nude beach. He was placed on half-time leave without pay and restricted from teaching or advising students during the suspension. Sarkar \u2014 who disputed the allegations in a statement to the university \u2014 resumed teaching undergraduates in 2017. Hutchison returned this fall. But UT-Austin students have recounted their shock at learning about their professors' behavior through friends or on Twitter, and protesters have demanded that information about all 3/1/25, 10:33 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 2/5 faculty members found to have violated school misconduct policies be publicized university spokesperson, Shilpa Bakre, has said does not proactively publish the names of policy violators but would review the students\u2019 request. The university has also formed a working group with students to address protesters\u2019 concerns and hired a law firm to review its sexual misconduct-related policies. Students and officials \u2014 including UT-Austin President Greg Fenves \u2014 are expected to have a forum on the topic Jan. 27. An earlier list from UT-Austin shows 11 employees, including Sarkar, were found to have violated its sexual misconduct policy between 2013 and November 2017. \u201cComplainants reported sexual misconduct, including allegations that Sarkar invited complainants to go swimming with him at nude beach, propositioned complainants to pose nude for photographs, held many school-related meetings at bars, and led discussions that were sexual in nature and uncomfortable for the complainants,\u201d part of the entry about Sarkar says. Other employees made \u201cinappropriate comments that were sexual in nature\u201d or were \u201cinvolved in a series of inappropriate and uncomfortable interactions with a female coworker.\u201d One employee at the time was alleged to have cornered a \u201ccoworker in a storage room and grabbed the coworker by the hips and tried to kiss her.\u201d The accused employee issued an apology letter and was quickly fired. Another allegedly \u201cwaved a picture at 2 coworkers that made them uncomfortable\u201d and \u201chad a history of making inappropriate comments to women, including talking about women\u2019s clothing, women\u2019s bodies, and making masturbating hand gestures.\u201d He denied the behaviors, but a office \u201cdetermined there was sufficient evidence\u201d that he violated a school policy barring sexual misconduct and related behaviors. The employee received a warning letter, according to the summary sheet. Of the 11 employees listed, four were terminated, three were not rehired and one \u2014 a former academic adviser and coordinator accused of racial harassment, using \u201chomophobic slang\u201d and making \u201csexual comments directed at females\u201d \u2014 resigned. In an unrelated situation, UT-Austin is also reviewing concerns about Department of Classics professor Thomas Hubbard, specifically his academic writings about the age at which boys can consent to sexual relations, including an article titled \"Sexual Consent and the Adolescent Male, or What Can We Learn from the Greeks?\" 3/1/25, 10:33 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 3/5 An excerpt from that article says, \u201cContemporary American legislation premised on children\u2019s incapacity to \u2018consent\u2019 to sexual relations stems from outmoded gender constructions and ideological preoccupations of the late Victorian and Progressive Era; that it has been extended to \u201cprotection\u201d of boys is a matter of historical accident, rather than sound social policy. Rigorous social science and historical comparanda suggest that we should consider a different \u2018age of consent\u2019 for boys and girls.\u201d In December, a small group protested outside Hubbard\u2019s home 50-minute livestream of the incident showed people banging on the door of the house and Hubbard \u2014 who has not been found responsible of violating the university's sexual misconduct policy \u2014 being escorted out by police. Fenves has said he understands the concern over Hubbard\u2019s \u201cwritings about sexual relations between teenagers and adults\u201d and personally finds them \u201coutrageous.\u201d Fenves said the university has assigned Hubbard \u201cto teach Classics courses that do not relate to the controversial topics in his writings\u201d for the last few years but was reviewing complaints about classes last semester and would \u201ctake appropriate action, within the bounds of academic freedom and the constitutionally protected right to free speech.\u201d In a lengthy document posted online, Hubbard said he condemns rape and writes about \u201cpederasty\u201d \u2014 the \"romantic courtship of adolescent males\u201d \u2014 rather than pedophilia. Pedophilia, he told the Texas Tribune in an email, is defined \"as persistent attraction to pre- pubescent children. That has nothing to do with what the ancient Greeks practiced or what discuss in my scholarly work, which pertains to male adolescents. Confusing pedophilia and historical pederasty is irresponsible.\" Student protesters also interrupted a class taught by Sarkar last semester. Sarkar and the three faculty members found to have violated sexual misconduct policies since November 2017 did not respond immediately to requests for comment. Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. Learn about The Texas Tribune\u2019s policies, including our partnership with The Trust Project to increase transparency in news. 3/1/25, 10:33 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 4/5 3/1/25, 10:33 UT-Austin acknowledges 17 cases of sexual misconduct by employees | The Texas Tribune 5/5", "8525_102.pdf": "neurobiology of aggression in crickets, which he carried out at the Max-Planck Institute in Seewiesen under the guidance of Franz Huber. As a postdoctoral fellow at Stanford University, Hofmann began taking advantage of the astonishing diversity and plasticity of cichlid fishes to study how the social environment regulates brain and behavior. After being awarded a Grass Foundation Fellowship in Neuroscience to carry out independent research at the Marine Biological Laboratory in Woods Hole (MA), he was appointed as a Bauer Genome Fellow at Harvard University, where he pioneered the new field of behavioral genomics. Hofmann developed many of the genomic resources for cichlid fishes with the support from and NSF, and was the co-initiator of the cichlid genomic consortium, which successfully completed, with support from the NHGRI, the sequencing of five cichlid genomes. Hofmann's research has been widely published in premier journals such as Nature, Science, PNAS, Cell, and Journal of Neuroscience. In addition to more than 130 invited keynote lectures and department seminar he has given numerous public and outreach presentations. In 2008, Hofmann received the prestigious Alfred P. Sloan Foundation Fellowship (in Neuroscience) and was awarded the Frank A. Beach Early Career Award from the Society for Behavioral Neuroendocrinology. He has also been honored with the 2009 College of Natural Sciences Teaching Award for his commitment to undergraduate education at Austin. He has been on the Editorial Board of several journals and was an Editor for Behavioral Ecology from 2007 through 2012. Since 2011 he has been the co-director of the new Center for Brain, Behavior, and Evolution at Austin, and from 2012 through 2018 he was the Director of UT's Center for Computational Biology and Bioinformatics where he led an innovative bioinformatics initiative across the College of Natural Sciences. Starting in 2013, Hofmann directed the Neural Systems & Behavior summer course at the Marine Biological Laboratory in Woods Hole (MA) for six summers. In 2014, he received the College of Natural Sciences Teaching Award for a second time. Finally, starting in 2016, Hofmann served as inaugural Director of the Center for Biomedical Research Support for its first two years. Research 3/1/25, 10:33 Johann (Hans) Hofmann | Integrative Biology 1/1", "8525_103.pdf": "The University of Texas at Austin Tower appears in this image from 2019. (Spectrum News) Report Shows 17 Employees with Sexual Mis\u00adconduct Vi\u00ado\u00adla\u00adtions 6:44 JAN. 10, 2020 AUSTIN, Texas -- One day after the University of Texas at Austin acknowledged 17 cases of sexual misconduct by employees, students who demanded to know the names are speaking out, saying they want even more transparency, because all of the professors listed are scheduled to teach classes this semester. Report details 17 cases of sexual misconduct by employees Report concerns cases between 2017 and 2019 New state law mandates university employees must report sexual misconduct 73 1, 2025 3/1/25, 10:33 17 Employees with Sexual Misconduct Violations 1/5 After scrolling through the newly released report Austin freshman Kaya Epstein says she's most concerned by the professors and staff from the biology department, as that's what she studies. One biology professor in particular, Johann Hofmann, was found to have violated sexual misconduct protocol. According to the university document, Hoffman \u201callegedly tried to start a consensual relationship\u201d with a graduate student and \u201cmade inappropriate comments of a sexual nature\u201d to the student. \"I've looked at those classes, I've seen his name on the course schedule, so know it's a possibility that could get one of these professors,\" said Epstein. Hofmann denied some of the allegations but was still punished by the university, and his name is included in the report that was only made accessible to those who filed an information request. \"We want them permanently on the Austin website,\" said Epstein. This particular list only tracks cases between 2017 and 2019. Epstein, who's a member of the university's Coalition Against Sexual Misconduct, or CASM, says all cases should be easily accessible. \"What is looking for is a full list of professors investigated and convicted of sexual misconduct from the last decade,\" said Epstein. The report comes on the heels of a new state law that mandates university employees must report sexual misconduct if they learn of it. The law took effect this month, and it's a step in the right direction according to Austin's Alliance, who told us in part: \"We are always supportive of efforts to reduce sexual violence and dating violence in our community. The new law...has the potential to provide greater accountability and transparency around these issues.\" But Epstein worries the law will be moot if her university continues to employ staff and professors found to have violated sexual misconduct policies. \"It's completely unfair,\" said Epstein. The new law also prohibits any type of retaliation against an employee who comes forward with knowledge of a sexual misconduct complaint. Meanwhile has provided a similar summary of violations before university spokesman said in a statement: \"Transparency around past violations is an important step toward accountability.\" 73 1, 2025 3/1/25, 10:33 17 Employees with Sexual Misconduct Violations 2/5 Gov. Abbott says he'll call a special session on school choice in October | 1 Funding for former President George W. Bush\u2019s signature relief initiative at risk due to abortion politics | 1 15:42 2:35 73 1, 2025 3/1/25, 10:33 17 Employees with Sexual Misconduct Violations 3/5 Lawmakers didn't expand Texas' medical marijuana program during session | 1 Texas senators grill Attorney General Merrick Garland over hot-button issues | 1 6:19 2:03 73 1, 2025 3/1/25, 10:33 17 Employees with Sexual Misconduct Violations 4/5 \u00a9 2025, Charter Communications, all rights reserved 73 1, 2025 3/1/25, 10:33 17 Employees with Sexual Misconduct Violations 5/5"} |
7,308 | Frank McDaniels | Delaware County Community College | [
"7308_101.pdf",
"7308_102.pdf",
"7308_103.pdf"
] | {"7308_101.pdf": "3RD McDANIELS v (1995) United States Court of Appeals,Third Circuit. Frank McDANIELS, v. James R. FLICK; John M. Fitzpatrick; Frank C. Hess, Jr.; James P. Gaffney; Joseph W. Gattinella; Nancy J. Giloley; Dee M. Grant; Sharon Kreitzberg; James J. McCann; Barbara W. Moss; Albert T. Olenzak; Luther H. Smith; Robert E. Welsh; Delaware County Community College, Delaware County Community College, Appellant, Frank McDANIELS, Appellant, v. James R. FLICK; John M. Fitzpatrick; Frank C. Hess, Jr.; James P. Gaffney; Joseph W. Gattinella; Nancy J. Giloley; Dee M. Grant; Sharon Kreitzberg; James J. McCann; Barbara W. Moss; Albert T. Olenzak; Luther H. Smith; Robert E. Welsh; Delaware County Community College. Nos. 94-1838, 94-1935. Decided: July 11, 1995 Before: GREENBERG, ROTH, and ALDISERT, Circuit Judges. Arlin M. Adams,Ralph G. Wellington (argued), Nancy Winkelman, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, D. Barry Gibbons, Gibbons, Buckley, Smith, Palmer & Proud, Media, PA, for appellant-appellee Delaware County Community College and the individual appellees. Richard A. Ash, Cletus P. Lyman (argued), Michael S. Fellner, Lyman & Ash, Philadelphia, PA, for appellee-appellant Frank McDaniels \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 1/27 This matter is before this court on appeal by Delaware County Community College from orders denying its motions for judgment as a matter of law and on a cross-appeal by Frank McDaniels from orders dismissing the trustees of the college as defendants and denying him a new trial on non-economic damages. The case arose as a result of McDaniels' discharge as a tenured professor at the college. We describe the unusual procedural background of the case at length.1 On February 13, 1992, McDaniels filed this action in the district court under 42 U.S.C. \u00a7 1983 against the college's Board of Trustees, individually and in their official capacity, and against the college. He charged that the defendants, in terminating his employment by reason of certain serious charges of misconduct made against him by a student at the college, violated his procedural due process rights under the United States Constitution. The student later was identified as John Federici. In March 1992, the college filed a motion for summary judgment, which the district court denied without opinion. The college then unsuccessfully moved for reconsideration. In denying that motion, the district court explained that there was an issue of material fact as to whether McDaniels received notice of the charges or the purpose of the pretermination meeting before the meeting and whether he was informed of the specific accusations during the meeting. After discovery, both sides moved for summary judgment. The court granted partial summary judgment on liability to McDaniels and thus denied the college's motion. On January 27, 1994, it started a jury trial on damages but, after hearing McDaniels' testimony, the court determined that there was a genuine issue of fact as to whether there had been a procedural due process violation. In a subsequent memorandum opinion explaining its reasoning, the court noted that actions taken after the pretermination meeting might show that McDaniels was aware of the specific charges and that he had an opportunity to respond to them. Consequently, the court concluded that it had granted McDaniels partial summary judgment improvidently. The court therefore offered McDaniels a choice between proceeding with the trial and proving liability as well as damages, or having the court declare a mistrial. McDaniels elected to have the court declare a mistrial. In a subsequent written opinion explaining why it had reached the foregoing conclusions, the court included a footnote stating that the trustees had been dismissed as defendants \u201csua sponte and without objection\u201d because they had nothing to do with the pretermination events leading up to McDaniels' discharge. The court divided the second trial into three separate sub-trials, which we shall call phases, with the first phase focusing on liability. At the close of McDaniels's case on this phase, which was also the close of all of the evidence as the college did not call any witnesses, both McDaniels and the college unsuccessfully moved for judgment as a matter of law under Fed.R.Civ.P. 50(a). Then in response to specific questions, the jury returned a verdict that: (1) the college adequately notified McDaniels that the November 27, 1991 meeting was a pretermination hearing on Federici's sexual harassment charges; (2) the college informed McDaniels of the substance of the case against him during that meeting; but (3) 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 2/27 McDaniels was not given a meaningful opportunity to respond and tell his side of the story. App. 1214- 15. In view of the third finding, the college could be liable. In the second phase the jury determined that if McDaniels had been given an adequate opportunity to respond, the college would not have terminated his employment, presuming that it would have acted fairly and reasonably. App. 2171. Based on this verdict, the court entered an order reinstating McDaniels on the faculty and awarding him $134,081 in lost wages. Finally, in the third phase the jury found that McDaniels was not entitled to damages for non-economic harm. The court, nevertheless, awarded him one dollar on that claim for nominal damages. App. 2333. The college then moved for judgment as a matter of law under Fed.R.Civ.P. 50(b). McDaniels filed a \u201cconditional\u201d post-trial motion for a new trial on the issue of damages. In opposing the college's motion, McDaniels contended that it was estopped from moving for judgment as a matter of law because the college's attorney in his closing argument at the third phase led the jury to believe that the college agreed to \u201cmake peace\u201d with McDaniels and make him whole. The court, though not estopping the college, denied the post-trial motions on August 22, 1994. The college then filed a notice of appeal, and McDaniels filed a notice of cross-appeal. Thereafter, McDaniels moved in this court to dismiss the appeal and cross-appeal on the basis of the statements the college's attorney made during closing argument at the third phase. Essentially he contends, as he did in the district court, that the statements estop the college from seeking post-trial remedies. After he filed that motion in this court, the district court issued a memorandum opinion explaining the reason for its disposition of the post-trial motions, including why it had rejected McDaniels' judicial estoppel argument. We now deny the motion to dismiss the appeal and cross- appeal as we agree with the district court that the college's attorney's comments should not estop it from pursuing post-trial remedies. On appeal, the college argues that the district court should have granted its motions for judgment as a matter of law. McDaniels cross-appeals from the district court's dismissal of his case against the individual defendants and from the denial of his post-trial motion for a new trial on non-economic damages. We will reverse on the college's appeal from the denial of its post-trial motion for judgment, will affirm on McDaniels' cross-appeal challenging the dismissal of the trustees, and will not reach McDaniels' argument seeking a new trial on non-economic damages We set forth the facts, many of which are not in dispute, viewing them in a light most favorable to McDaniels.2 McDaniels was a tenured professor at the college which is a public institution in Delaware County, Pennsylvania. In 1990, the college received complaints from two male students that McDaniels sexually harassed them. App. 1075-80. After investigating the reports, the college sent McDaniels a letter informing him that he had violated the school's sexual harassment policy. App. 1029-30. The 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 3/27 letter warned McDaniels that \u201creoccurrence of such incidents will result in serious disciplinary action including termination of employment.\u201d App. 1030. McDaniels responded to these charges in writing and signed the college's letter to acknowledge that he had reviewed its contents. App. 1030-31, 1075- 80. In the summer of 1991, McDaniels taught a marketing class at the college. John Federici, who was one of the students in the class, had trouble with the course work and sought help from McDaniels. Due to various problems, including a final term paper that Federici handed in late, McDaniels gave him a \u201cD\u201d for the course.3 App. 938. Federici needed at least a \u201cC\u201d in the course to transfer the credit for it toward a nearly completed degree from Pennsylvania State University. App. 746. According to McDaniels, Federici became irate and threatened to get him. App. 1017. McDaniels reported the incident to Assistant Dean Henry Jackson, McDaniels' supervisor at the time. App. 1017. Federici also approached Jackson and complained that he disagreed with McDaniels' grading of his term paper. App. 934-36. Jackson contacted McDaniels after learning that Federici already had confronted McDaniels about the grade. App. 936-38. McDaniels told him that the term paper was not well done. App. 938. Jackson did not read the term paper. App. 947-49. Jackson then told McDaniels that Federici apparently misunderstood and that Jackson would contact him and explain the situation to him. App. 938-39. Jackson then called Federici, but when he could not make Federici understand McDaniels' position, he told Federici to contact McDaniels directly. App. 939. Federici refused, saying something to the effect of can't do that.\u201d App. 939. When Jackson pressed him, Federici said that he needed to talk to Jackson about another matter. App. 939-40. Federici told him that McDaniels \u201calways wanted to counsel [him]\u201d and \u201calways wanted to see [him.]\u201d App. 940. Federici also told him that McDaniels talked to him about \u201ctough love.\u201d App. 940-41. Jackson then asked if he was talking about sexual harassment. App. 941. Federici said he was and Jackson told him to discuss the matter with James Bryan, the college's Director of Personnel Services. App. 941. On November 18, 1991, Federici met with Bryan. App. 736, 739. Federici told Bryan that he needed credits to transfer to Pennsylvania State University for his degree; he had problems with McDaniels' class; he was seeing a counselor regarding anxiety and stress problems; and he had been involved in various incidents with McDaniels. App. 736-47. Bryan took notes of the conversation. App. 739. Bryan asked Federici to make a written statement regarding these allegations. App. 754. When Federici said that he would need help doing so, Bryan offered to compile his notes into a written statement for Federici to sign. App. 754. After their talk, Bryan composed a summary from his notes which Federici later reviewed and signed. App. 760-61. The summary, in relevant part, reads as follow: While in the library studying [John Federici] fell asleep & awoke to see [Frank McDaniels] who was massaging John's neck. John was taken by surprise & felt very strange that this would have happened. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 4/27 After that incident, [McDaniels] came into the library more & more as if he was looking for John. John was in the library on another occasion with his friend Tom & [McDaniels] came in to talk to them. [McDaniels] seemed to keep looking at the \u2018lower half\u2019 of John's body while he spoke. [McDaniels] did not make eye contact with John but continued to stare at his lower body.4 John made an appointment to speak [with McDaniels] in [McDaniels'] office about the added class work to improve his grade. [McDaniels] repeatedly said he wanted to help John & counsel him. [McDaniels] asked if John had heard of tough love & John said no. With this, [McDaniels] proceed (sic) to say that he would help him & \u2018If need to will hug you, beat the crap out of you or put my penis in your mouth.\u2019 [McDaniels] reached over & put both of his hands on John's face & seemed to be about to cry & said really want to help you.\u2019 John backed away and was stunned to hear this. Summer ended & John got an \u2018Incomplete\u2019 for his marketing course. He reluctantly called [McDaniels] at [the college] to attempt to get the assignments necessary to get a grade for the course. [McDaniels] returned his call & made some \u2018sexual innuendo\u2019 remarks. [McDaniels] made an appointment to see John on campus. John was reluctant but needed to get an assignment to remove the \u2018Incomplete.\u2019 At the appointment [McDaniels] discussed make-up work & repeating the final exam but then went into another description of the tough love thing with another explicit reference to sexual matters. [McDaniels] said to come back to his office later if he wanted to have help on matters external to class activities but if he did not return, [McDaniels] would know John didn't want help in these personal matters. [McDaniels] also said John should not discuss this with anyone since he could loose (sic) his job. [McDaniels] said he would \u2018get him\u2019 if he mentioned their conversations to anyone. [McDaniels] left the clear impression that the two of them could go somewhere off-campus \u2018in private\u2019 to work out these personal problems (sexual overtones were clear). App. 258-61 (testified to at app. 763). After his meeting with Federici, Bryan verified that Federici was a student in McDaniels' marketing course. He then alerted several officials at the college about the matter. App. 768-71. In particular Bryan discussed the situation with Dean Thomas McNicholas and asked Dr. Lois Ann Craig to determine whether Federici had any record of unusual behavior. App. 771-72. On November 27, 1991, Bryan contacted McDaniels and told him to meet him in Bryan's office at 2:30 p.m. that afternoon and to bring along his grade book. App. 787-88. Prior to the meeting, McDaniels met Bryan and inquired about the reason for it. App. 788-90. Bryan told him only that it was about a \u201cstudent problem\u201d and he gave him no other information about the meeting. App. 788-90; 983. The meeting was held as scheduled with McNicholas, Bryan, and McDaniels present. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 5/27 At the start of the meeting, Bryan told McDaniels that a student had lodged a sexual harassment complaint against him and that he and McNicholas would recommend McDaniels' termination. App. 791, 982-83. McDaniels testified that upon hearing Bryan's opening statement, he was \u201cshocked, dismayed, \u2024 thrown offguard.\u201d App. 983. Bryan testified that he then told McDaniels \u201cthat the purpose of the meeting was to understand what the charge was, to have an opportunity for me to relay to him what the charges were specifically and for him to have a chance to respond.\u201d App. 791. McNicholas, the only other person at this meeting, confirmed this statement. App. 915-16. McDaniels testified that he \u201cdid not comprehend\u201d that Bryan said explicitly that it was to be a \u201cpretermination hearing.\u201d App. 1072. McDaniels explained, \u201cWell, if they did say it, they said it in the same sentence whereby they said they were recommending my termination to the board of trustees. If they did say it, they had blown my mind so bad at that point, they had disorganized me-disoriented me so much that didn't remember them saying it, if they did say it.\u201d App. 1073. Bryan and McNicholas also testified that Bryan told McDaniels that he could adjourn the meeting at any time. App. 862, 916 few minutes into the meeting, Bryan informed McDaniels that Federici filed the complaint. App. 792- 93, 851, 913-14, 1014. McDaniels became very upset upon learning this and left the room. App. 851, 914, 1014-18. After trying to collect himself, he returned and \u201cwas a little bit better,\u201d but was \u201cstill in a total state of shock\u201d and \u201c[didn't] even know what [he] said.\u201d App. 1018. McDaniels told them that Federici had threatened earlier to \u201cget\u201d him. App. 794, 853. McDaniels told Bryan and McNicholas that Federici had emotional problems, Federici's parents were aware of this, and McDaniels had made Dean Jackson aware of this as well. App. 794-95, 859-60, 918. Bryan and McNicholas recalled McDaniels as having said that he knew Federici's parents and had talked to them. App. 794, 859. McDaniels testified, however, that \u201cIf did say that was in panic,\u201d and that he did not know them, and meant to say that they must have known that Federici had emotional problems. App. 1025-26. Bryan and McNicholas agreed to talk to Jackson and Federici's mother. App. 865. Bryan and McNicholas also testified that McDaniels asked them if he could save his job if he agreed to seek counselling. App. 858. During the pretermination hearing, Bryan discussed Federici's allegations but he did not read or show the written summary to McDaniels. App. 802, 1018. It is unclear whether Bryan described Federici's allegations in a direct manner. However, Bryan asked McDaniels several questions relating to them. App. 1019-21. Bryan asked whether McDaniels touched Federici's neck or face in the library. App. 1019. McDaniels responded that he had not, but might have, and recalled an incident in which Federici was sitting when he walked into the library and saw him. App. 917, 1019-20. Bryan asked whether McDaniels had stared at the lower part of Federici's body in the library, in the presence of another student. App. 1020. McDaniels denied this. App. 1020. Bryan also asked whether McDaniels had talked to Federici about \u201ctough love.\u201d App. 854, 915, 1020. McDaniels said that Federici initiated that topic. App. 1020. Bryan testified that he also asked McDaniels about the sexually explicit remark quoted by Federici and about the alleged warning by McDaniels for Federici to keep quiet about their 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 6/27 conversations. App. 854, 856. McDaniels, however, denied that Bryan ever mentioned these two points. Bryan also brought to McDaniels' attention his previous reprimand for sexual harassment, showing him the warning letter. App. 856, 1029. McDaniels told Bryan and McNicholas that the sexual harassment allegations regarding Federici were not true. Bryan and McNicholas testified that Bryan told McDaniels that he should contact Bryan if he thought of any other matters, and that he had available various options to deal with these charges under his collective bargaining agreement with the college, the college's sexual harassment policy, and the Pennsylvania Local Agency Law, including an appeal to the president of the college. App. 861-63, 915. McDaniels did not recall any of this. App. 1091. As agreed, Bryan contacted Federici's parents. In particular Bryan had a telephone conversation with Federici's mother, who told him that she did not remember talking to McDaniels. App. 797. McNicholas met with Jackson and asked whether McDaniels had told him that Federici was \u201coff the wall\u201d or \u201ccrazy\u201d and Jackson answered \u201cno.\u201d App. 920. Subsequently, Bryan sent McDaniels a letter, dated December 4, 1991, informing him that Bryan had investigated the matter and would recommend that the Board of Trustees terminate McDaniels' employment for sexual harassment. App. 804. The letter also advised McDaniels of his post- termination rights: As mentioned during the pre-termination meeting last Wednesday, you may want to have the [Board of Trustees'] action heard through the grievance procedure as provided under the terms of the collective bargaining agreement or you may elect to have a hearing before a committee of the Board of Trustees. App. 246 (testified to at app. 803-04). Bryan sent McDaniels another letter, dated December 9, 1991, which said briefly: Consistent with procedures in Regulation 63.03, page 12 of the College Policy Manual am writing to inform you that you may exercise your right to request a further review and investigation by the President of the College or his designee on the matter of the sexual harassment complaint lodged against you. You have five (5) days to file this request. Please phone me should you have any questions on this matter. App. 248 (testified to at app. 804, 1045). McDaniels wrote to the college's president, Richard D. DeCosmo, on December 12, 1991, to request that DeCosmo investigate the sexual harassment charges. App. 1051. McDaniels indicated in the letter that he had \u201cformally filed a grievance with the intent of going all the way through the grievance procedure (arbitration) & beyond to civil action to avoid termination.\u201d App. 165, 2352-53 (testified to at 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 7/27 1052-53). McDaniels testified, however, that at the time of the letter, he had not begun the grievance procedure but was only \u201clooking into\u201d it. App. 1093-94. McDaniels also wrote: Enclosed is a chronologized transcript of my total contact with this student emplor (sic) you to thoroughly investigate his alligations (sic) personally & overturn the termination decision would be most happy to visit you & go over cronology (sic) of contact with John Federici from first meeting to last confrontation spanning May 23, 1991 to October 22, 1991. Every single meeting was for class business only. After receiving this letter, DeCosmo reviewed the documents relating to this matter, and met with Bryan, McNicholas, and Jackson to review their investigations and findings. App. 1126. On December 18, 1991, DeCosmo wrote the following to McDaniels am satisfied that there has been a thorough review of the matter in question do not believe further review is necessary. The recommendation to terminate your employment for violation of the College's sexual harassment policy will be presented to the Board of Trustees at their meeting on December 18. App. 250 (testified to at app. 1102). At the Board of Trustees' meeting on December 18, 1991, the Board voted unanimously to terminate McDaniels' employment. McDaniels did not appeal to or ask for a hearing by the Board of Trustees. Nor has he pursued the matter in state court. Instead, he began arbitration procedures as provided for by the collective bargaining agreement. Before the parties completed selection of the arbitrators, however, McDaniels filed this action. Consequently, the arbitration proceedings have been stayed pending its disposition The district court had jurisdiction over this civil rights action pursuant to 28 U.S.C. \u00a7 1331 (federal question) and 28 U.S.C. \u00a7 1343 (civil rights). We have jurisdiction under 28 U.S.C. \u00a7 1291 over the final orders entered by the district court A. Judgment as a Matter of Law The college made a motion for judgment as a matter of law based on Fed.R.Civ.P. 50(a) at the close of McDaniels' case in the first phase, which was also at the close of all the evidence, and a motion for judgment as a matter of law under Fed.R.Civ.P. 50(b) after completion of all three phases. The district court denied both motions, and the college appeals from both denials. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 8/27 We exercise plenary review over the district court's denial of the college's motions for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(a) and 50(b). Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1166 (3d Cir.1993), sets forth the standard we follow when considering a defendant's motion for judgment as a matter of law: Such a motion should be granted only if, viewing the evidence in the light most favorable to the nonmovant and giving it the advantage of every fair and reasonable inference, there is insufficient evidence from which a jury reasonably could find liability. In determining whether the evidence is sufficient to sustain liability, the court may not weigh the evidence, determine the credibility of witnesses, or substitute its version of the facts for the jury's version. Id. (citations omitted review of the record leads us to conclude that the jury verdict to the extent unfavorable to the college at the first phase is not supported by legally sufficient evidence and that the college should have been granted a judgment as a matter of law. The parties agree that the starting point of the resolution of this procedural due process dispute is Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). In Loudermill, two discharged school district employees sued their former employers for deprivation of liberty and property interests without due process in the pretermination procedures. The Supreme Court held that the district court erred in dismissing the complaints. The Court first confirmed that under applicable Ohio law, the plaintiffs had property rights in continued employment. Id. at 538-39, 105 S.Ct. at 1491. Then, in determining \u201cwhat process is due,\u201d Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972), the Loudermill Court began with the long-standing precept that \u201c[a]n essential principle of due process is that a deprivation of life, liberty, or property \u2018be preceded by notice and opportunity for hearing appropriate to the nature of the case.\u2019 \u201d Loudermill, 470 U.S. at 542, 105 S.Ct. at 1493 (citing Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 313, 70 S.Ct. 652, 656-57, 94 L.Ed. 865 (1950)). The Court reiterated the settled rule that due process \u201crequires \u2018some kind of a hearing\u2019 prior to the discharge of an employee who has a constitutionally protected property interest in his employment.\u201d Id. (citing Board of Regents of State Colleges v. Roth, 408 U.S. 564, 569-70, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548 (1972); Perry v. Sindermann, 408 U.S. 593, 599, 92 S.Ct. 2694, 2698, 33 L.Ed.2d 570 (1972)). The Court noted that one essential component of due process, was a pretermination opportunity to respond. Id. Having said that, the Court went on to point out that \u201cthe pretermination \u2018hearing,\u2019 though necessary, need not be elaborate.\u201d Id. at 545, 105 S.Ct. at 1495. Rather, \u201c \u2018[t]he formality and procedural requisites for the hearing can vary, depending upon the importance of the interests involved and the nature of the subsequent proceedings.\u2019 \u201d Id. (quoting Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 786, 28 L.Ed.2d 113 (1971)). Thus, after balancing the interests of public employees and employers, the Court held that \u201c[t]he tenured public employee is entitled to oral or written notice of the charges against him, an 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 9/27 explanation of the employer's evidence, and an opportunity to present his side of the story.\u201d Id. at 546, 105 S.Ct. at 1495. The Court concluded that \u201call the process that is due is provided by a pretermination opportunity to respond, coupled with post-termination administrative procedures as provided by the Ohio statutes.\u201d Id. at 547-48, 105 S.Ct. at 1496. The parties agree that under Loudermill McDaniels had a constitutionally protectible property interest in continued employment as a tenured professor at the college. Loudermill therefore provides the guidelines for \u201cwhat process is due.\u201d Morrissey v. Brewer, 408 U.S. at 481, 92 S.Ct. at 2600. The question then is whether the college satisfied its obligations under these guidelines. After the closing of the first phase of the trial, the district court charged the jury in relevant part: Being a tenured professor at a community college he was a public employee with a property interest in his job. The law is that such an employee is entitled to the notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story. And this entire process is known as a pre-termination hearing. The notice may be written or oral, that is spoken. It need not be advance notice, that is a pre-hearing notification. In other words, the notice of the charges may be given at the hearing itself. The hearing can be informal\u2024 It is not required to be a full hearing before the final decision maker. . . . . . The employee need not be informed as to all of the evidence, but at least the substance of it. He must be given the opportunity to respond to the charges, and for that opportunity to be meaningful he must know the substance of the case that the employer has against him. This enables the employee to make any plausible arrangements that might prevent the termination\u2024 In deciding whether Mr. McDaniels was given the opportunity to respond, you may consider what you decide occurred at the meeting on November 27, 1991, and also what occurred thereafter, prior to his termination on December 18th. If you decide that under all the circumstances that Mr. McDaniels was substantially unable to respond, either at the meeting or before December 18, and that his inability to do so was caused by the conduct of the college's representatives, then it could not be said that he had the opportunity to respond to the charges. App. 1200-03. The jury found that the college, through Bryan, did notify McDaniels \u201cthat the meeting on November 27, 1991 was a pre-termination hearing based on the sexual harassment charges of John Federici;\u201d at that meeting Bryan did inform McDaniels as to the substance of the case against him; but McDaniels was not given a meaningful opportunity to respond and tell his side of the story. App. 1214- 15. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 10/27 On appeal, the college does not quarrel with the foregoing charge. But McDaniels appears to argue that, as a tenured professor who had been teaching at the college for 20 years, he deserved more protection than those set forth in Loudermill. We disagree. The Loudermill Court balanced the competing interests of the employer and the employee in deriving the pretermination requirements. In determining whether the Loudermill standard should apply here, we must consider the interests of McDaniels versus those of the college and the students. It is true that McDaniels has a property interest in his continued employment and perhaps a liberty interest in clearing his reputation of sexual harassment charges. But McDaniels appears to argue that because he is a professor and has been at the college for 20 years, his property interest in continued employment is constitutionally greater than those held by the employees in Loudermill. Yet he has not offered any basis on which we could or should distinguish reasonably between the interest of a tenured employee who has worked 20 years and the interest of one who has worked only one year for the same employer and we can conceive of no principled way to distinguish between the two. Arguably, the interest in continued employment may be greater for younger employees who have started only recently because they have potentially more years of employment ahead. McDaniels claims that \u201c[u]nlike ordinary public employees, the rights of professors to teach, free from arbitrary discharge by administrators, implicates the societal value of academic freedom. Tenure is the pillar upon which academic freedom rests.\u201d Br. at 34. Although this assertion may be true, it is not material in this case. Inasmuch as the college did not discharge McDaniels in retaliation for his exercise of First Amendment rights, this case does not implicate free speech issues. Indeed, in his complaint McDaniels does not refer to the First Amendment. Rather, we are concerned with the minimum process due under the Constitution to protect property rights in public employment. McDaniels also cites Skehan v. Board of Trustees of Bloomsburg State College, 669 F.2d 142, 152 (3d Cir.), cert. denied, 459 U.S. 1048, 103 S.Ct. 468, 74 L.Ed.2d 617 (1982), for the proposition that college professors deserve more process than the run-of-the-mill, Loudermill-type employee. In Skehan, we adhered to our earlier decision in Chung v. Park, 514 F.2d 382 (3d Cir.), cert. denied, 423 U.S. 948, 96 S.Ct. 364, 46 L.Ed.2d 282 (1975), where we stated that pretermination safeguards due to tenured professors may include: (1) written notice of the grounds for termination; (2) disclosure of the evidence supporting termination; (3) the right to confront and cross-examine adverse witnesses; (4) an opportunity to be heard in person and to present witnesses and documentary evidence; (5) a neutral and detached hearing body; and (6) a written statement by the fact finders as to the evidence relied upon. Chung, 514 F.2d at 386 (emphasis added). Nevertheless, neither Skehan nor Chung announced that due process required all six of these steps in cases involving tenured professors. In both cases, we did not reach that issue because the colleges provided all six. And neither case based the listed due 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 11/27 process safeguards on the distinguishing fact that the employees were professors and therefore were entitled to extra protection in the name of academic freedom. In any event, both cases were decided before Loudermill. Inasmuch as Loudermill sets the minimum due process pretermination requirements where state procedure also provides, as it does here, substantial post-termination safeguards, Loudermill defines the minimum due process requirements for this case. We further note that in Skehan we did not even consider the post-termination remedies, if any, as later required by Loudermill. And in Chung, although certain post-termination remedies were available, see 514 F.2d at 385 n. 3., we did not consider them in reaching our result. In fact, we held that some of the six enumerated steps may be provided after termination, and decided that the professor was not entitled to a hearing prior to termination. Id. at 387. In considering the interests of the college, we note that it, as much as a professor, has a great interest in preserving its reputation. Moreover, the college had adopted a policy of protecting its students from the types of behavior charged against McDaniels. We also need to consider the interests of the alleged victim of the sexual harassment. If the charges are well founded, the complainant should be protected against possible retaliation and threats. In sum, we conclude that only the Loudermill pretermination requirements were required here. We therefore find that the trial court's instructions that due process required the college to provide McDaniels with notice and explanation of the charges and an opportunity to respond were correct. See, e.g., Bradley v. Pittsburgh Bd. of Educ., 913 F.2d 1064, 1077-78 (3d Cir.1990) (suspension without pay also requires prior notice and hearing); Copeland v. Philadelphia Police Dep't, 840 F.2d 1139, 1144-46 (3d Cir.1988) (suspension complied with due process where interview was held which notified employee of charges, allowed him to explain, and notified him of suspension), cert. denied, 490 U.S. 1004, 109 S.Ct. 1636, 104 L.Ed.2d 153 (1989); Gniotek v. City of Philadelphia, 808 F.2d 241, 244 (3d Cir.1986) (no advance notice of the pretermination hearing is required; \u201cNotice is sufficient, (1) if it apprises the vulnerable party of the nature of the charges and general evidence against him, and (2) if it is timely under the particular circumstances of the case.\u201d), cert. denied, 481 U.S. 1050, 107 S.Ct. 2183, 95 L.Ed.2d 839 (1987). The college argues that McDaniels was given notice of the hearing and the charges against him, an adequate explanation of its evidence, and an adequate opportunity to present his side of the story. The college points out that McDaniels had various post-termination remedies, including a hearing before the Board of Trustees, arbitration, and an appeal to the state court. Finally, the college argues that the verdict should be overturned because the jury's finding that McDaniels did not have a meaningful opportunity to respond cannot be squared with evidence indisputably showing that McDaniels in fact did respond to the charges. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 12/27 We agree with the college that, in light of the undisputed evidence regarding the timing of the relevant events, the jury's conclusion that he was not given a meaningful opportunity to respond and to tell his side of the case cannot stand. McDaniels received adequate notice of the nature of the November 27, 1991 meeting, and an explanation of the substance of the case against him. Given this background, the time between his November 27 meeting with Bryan and McNicholas and the December 18 Board meeting was adequate as a matter of law for him to make an appropriate pretermination response. Indeed, not only did Bryan and McNicholas ask for and receive McDaniels' responses during the November 27 meeting, but the correspondence shows that he was encouraged to respond further and did so. In fact, Bryan's December 9, 1991 letter informed McDaniels that he could request a review prior to termination by the president of the college. DeCosmo's actions in reading and answering McDaniels' letter showed that the college did not refuse him an opportunity to respond.5 Finally, the facts that McDaniels did respond to the charges during the pretermination meeting by essentially denying them and attributing the charges to Federici's emotional problems, and by writing to DeCosmo after the meeting, conclusively established that, contrary to the verdict, the college gave him a meaningful opportunity to respond and to tell his side of the story before termination. Thus, if the jury's findings as to the first two questions are upheld, its third finding cannot stand. In response to the college's arguments, McDaniels maintains that he did not receive timely and adequate notice, an adequate explanation of the specific allegations, or a meaningful opportunity to respond, though he does not ask that the verdicts adverse to him on the first two issues be set aside. McDaniels contends that the notice given him was insufficient because it was not provided until the beginning of the pretermination meeting. We have held, however, that \u201cadvance notice is not required.\u201d Gniotek, 808 F.2d at 244. In Copeland v. Philadelphia Police Dep't, 840 F.2d 1139, 1142-46, we held that procedural due process was met where a policeman was told that he had tested positive for illegal drug use, was allowed to respond, and was told that he would be suspended with intent to dismiss, all in the course of a single interview. Second, McDaniels contends that he did not receive adequate notice and explanation of the charges against him because he was not told or given the exact allegations made by Federici. In this regard, it is not disputed that the written summary of Federici's allegations was not given or read to McDaniels before his termination. We have held, however, that pretermination notice of the charges and evidence against an employee need not be in great detail as long as it allows the employee \u201cthe opportunity to determine what facts, if any, within his knowledge might be presented in mitigation of or in denial of the charges.\u201d Gniotek, 808 F.2d at 244; see also Derstein v. Kansas, 915 F.2d 1410, 1413 (10th Cir.1990) (fact that employee did not know of all relevant facts and was not given copy of investigation transcript is insignificant), cert. denied, 499 U.S. 937, 111 S.Ct. 1391, 113 L.Ed.2d 447 (1991). Nor is it disputed that Bryan asked McDaniels specific questions about Federici's allegations and that McDaniels replied to 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 13/27 the questions. The only dispute, then, is whether this session put McDaniels on sufficient notice of the charges against him so he could respond meaningfully and on this point the verdict is unassailable. Thus, given that, for the reasons we already have stated, McDaniels received adequate notice and a sufficient explanation of the charges against him, it must be concluded that he also was given an adequate opportunity to respond. McDaniels places great emphasis on his state of mind during the pretermination meeting. In essence, he argues that by not giving him prior notice of the reason for the meeting, he was placed into a state of shock and was unable to respond when Bryan told him he was being charged with sexual harassment and might be terminated. Though we do not decide the point, this contention might have been reasonable if he had been dismissed at the end of meeting, which only lasted about an hour. See, e.g., Adams v. Sewell, 946 F.2d 757 (11th Cir.1991). But that was not the case here. Several weeks elapsed between the pretermination meeting and the Board of Trustees' meeting at which he was terminated. Bryan informed him that he could appeal to DeCosmo, which he did. We need not determine today what amount of time for \u201ccooling off,\u201d if any, must be allowed for an employee to respond to charges because the facts show that McDaniels had ample time to collect himself.6 Indeed, the record demonstrates that he consulted an attorney 7 and sent a written response to DeCosmo before the December 18 meeting. Derstein v. Kansas, 915 F.2d 1410, supports our conclusion that the elapse of time between the November 27 and the December 18 meetings requires that judgment as a matter of law be entered in favor of the college. Indeed, Derstein is remarkably similar to this case on the facts. In that case the public employer received information that a tenured employee was sexually harassing other employees. As a result, he was directed to appear at a meeting with persons responsible for his employment. He was not informed of the purpose of the meeting before it started but at the meeting he was advised of the sexual harassment charges and given ten days to resign or be terminated. He also was told he could appeal. At the end of the ten days the employee was given a termination letter which described the appeal rights and which advised him of the charges against him. He appealed but the appeal board dismissed his appeal as frivolous. Following a bench trial, the district court found that the employee's pretermination rights had been violated and thus it entered judgment for him. The court of appeals reversed. Of particular interest here, it emphasized that the employee \u201cwas not terminated at the meeting but given ten days to respond\u201d and \u201c[h]e was given ten days before termination.\u201d Id. at 1413. McDaniels had even more time to respond than the employee in Derstein and he did respond after the November 27 meeting. Finally, McDaniels argues that the district court should have granted him judgment as a matter of law because the college's termination procedure violated Pennsylvania Local Agency Law. This argument flies in the face of both logic and law. His complaint charged that the college violated McDaniels federal constitutional rights to procedural due process. The question of whether an employee has a 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 14/27 property right in continued employment is a question of state law. Board of Regents of State Colleges v. Roth, 408 U.S. at 577, 92 S.Ct. at 2709. But the determination of \u201c \u2018what process is due\u2019 \u2024 is not to be found in [state statutes].\u201d Loudermill, 470 U.S. at 541, 105 S.Ct. at 1493 (citation omitted). Rather, it is a question of federal constitutional law. See Vitek v. Jones, 445 U.S. 480, 491, 100 S.Ct. 1254, 1263, 63 L.Ed.2d 552 (1980) (minimum requirements of procedural due process are \u201ca matter of federal law\u201d and \u201care not diminished by the fact that the State may have specified its own procedures that it may deem adequate\u201d). Purported violations of state law are not germane here. In reaching our result we take note of Judge Aldisert's contentions in his dissent that the college denied McDaniels procedural due process of law. He predicates this contention on his conclusions that the notice of the pretermination hearing was constitutionally inadequate and that McDaniels did not have an opportunity to prepare a meaningful defense to the charges. Judge Aldisert relies principally on Morton v. Beyer, 822 F.2d 364 (3d Cir.1987), in reaching his conclusions. Our opinion to this point adequately responds to Judge Aldisert's contentions except that we have not mentioned Morton v. Beyer which we thus now address. In Morton v. Beyer at the pretermination hearing the employee was suspended without pay. 822 F.2d at 366. Thus, the proceedings at the hearing were critical because unless the employee's response then and there convinced the administrators not to take action, and it did not, the employee forthwith would suffer a serious adverse employment action. Here, unlike the plaintiff in Morton v. Beyer, McDaniels does not allege that he was suspended without pay at the pretermination hearing. Rather, his complaint is that the trustees unlawfully discharged him on December 18, 1991. Accordingly, McDaniels quite logically did not sue Bryan and McNicholas, he sued the trustees. Therefore, Morton v. Beyer is completely distinguishable from this case and it is not controlling here. B. Preclusion from Showing that Pretermination Hearing was a Sham McDaniels also argues that the district court erred in refusing to allow him to show at trial that the pretermination procedure afforded him was a sham. Essentially, McDaniels' theory is that the college administrators never believed Federici's allegations to be true. Instead, he charges that they pounced on Federici's complaint to get rid of a highly paid professor to save money. The district court, relying in part on a recent case from the Court of Appeals for the Eleventh Circuit, McKinney v. Pate, 20 F.3d 1550 (11th Cir.1994) (in banc), cert. denied, 513 U.S. 1110, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995), ruled that even if proven, the fact that the proceedings were a sham would be irrelevant to the claim that pretermination procedural due process was denied because the sufficiency of post-termination protection was not at issue. App. 1005-10. Although due process requires an impartial decisionmaker before final deprivation of a property interest, Schweiker v. McClure, 456 U.S. 188, 195, 102 S.Ct. 1665, 1670, 72 L.Ed.2d 1 (1982), it is not clear that strict impartiality is required at each stage of the process. In situations as the one at hand, 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 15/27 there are two stages, pretermination and post-termination, but normally the post-termination proceedings conclusively determine the employee's status. The pretermination hearing merely serves as \u201can initial check against mistaken decisions-essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\u201d Loudermill, 470 U.S. at 545-46, 105 S.Ct. at 1495 (citations omitted). We have not decided the specific question of whether, in the employment termination context, an impartial decisionmaker is required at the pretermination hearing. In Rosa v. Resolution Trust Corp., 938 F.2d 383, 396-97 (3d. Cir.), cert. denied, 502 U.S. 981, 112 S.Ct. 582, 116 L.Ed.2d 608 (1991), however, we touched upon a similar issue in another context. Rosa involved a pension plan of a bank placed under the conservatorship of the Resolution Trust Corporation (the \u201cRTC\u201d). At first, the decided to continue the plan and assumed payment obligations. But after two contribution payments, the decided to halt contributions and it sent out notices that the plan was to be terminated in two months. The beneficiaries of the plan sued. Under the Financial Institutions Reform and Recovery Enforcement Act, however, certain of the plaintiffs' claims for monetary relief had to be presented first to the for review. The plaintiffs argued that this claims procedure violated due process because the was biased as it had a financial interest in the determination of their claims. We held that the alleged bias did not violate due process because, after exhaustion of the claims procedure, the plaintiffs would have the post-deprivation option of obtaining a de novo court evaluation of their claims. 938 F.2d at 397. Our holding in Rosa is consistent with the approaches taken by other circuits in resolving this issue in the employment termination context. In McKinney v. Pate, cited by the district court, a county official challenged the procedures of his termination, alleging that the Board of County Commissioners, who made the preliminary decision to terminate his employment, \u201cwas preordained to find against him, regardless of the evidence.\u201d McKinney, 20 F.3d at 1561. The court of appeals in banc, stated that \u201c[a] demonstration that the decisionmaker was biased \u2024 is not tantamount to a demonstration that there has been a denial of procedural due process.\u201d McKinney, 20 F.3d at 1562. The court reasoned that the employee was entitled also to a post-termination hearing and would not be deprived of due process \u201cunless and until the state refuses to provide due process.\u201d Id. The court held: [I]n the case of an employment termination case, \u2018due process [does not] require the state to provide an impartial decisionmaker at the pre-termination hearing. The state is obligated only to make available \u201cthe means by which [the employee] can receive redress for the deprivations.\u201d \u2019 Schaper v. City of Huntsville, 813 F.2d 709, 715-16 (5th Cir.1987) (quoting Parratt v. Taylor, 451 U.S. 527, 543, 101 S.Ct. 1908, 1917, 68 L.Ed.2d 420 (1981)) (footnote omitted). McKinney, 20 F.3d at 1562. Other courts of appeals have come to this same conclusion in cases where hearings are provided both before and after dismissal. See, e.g., Walker v. City of Berkeley, 951 F.2d 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 16/27 182, 184 (9th Cir.1991) (\u201cfailure to provide an impartial decisionmaker at the pretermination stage, of itself, does not create liability, so long as the decisionmaker at the post-termination hearing is impartial\u201d); Duchesne v. Williams, 849 F.2d 1004, 1005 (6th Cir.1988) (in banc) (Loudermill does not require a \u201cneutral and impartial decisionmaker\u201d at the pretermination hearing but only \u201ca right of reply before the official responsible for the discharge\u201d), cert. denied, 489 U.S. 1081, 109 S.Ct. 1535, 103 L.Ed.2d 840 (1989). Likewise, the Court of Appeals for the Fifth Circuit reached the same conclusion via an application of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), and held that even if allegations of bias and conspiracy on the part of the decisionmaker were true, \u201cthe state cannot be expected to anticipate such unauthorized and corrupt conduct.\u201d Schaper v. City of Huntsville, 813 F.2d 709, 714-16 (5th Cir.1987). We find these cases convincing. First, as the Supreme Court has held, \u201c[t]he constitutional [procedural due process] violation actionable under \u00a7 1983 is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process.\u201d Zinermon v. Burch, 494 U.S. 113, 126, 110 S.Ct. 975, 983, 108 L.Ed.2d 100 (1990). The Zinermon Court held that part of the process that the State may offer to avoid constitutional violations is a remedy for erroneous deprivations. Id. Thus, a discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post-deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker. We also find most persuasive the application of Parratt v. Taylor, 451 U.S. at 527, 101 S.Ct. 1908, to claims that pretermination decisionmakers were not impartial. In Parratt v. Taylor, a prisoner claimed violation of his procedural due process rights because the mail-ordered hobby kits for which he had paid disappeared after their delivery to his prison. The Supreme Court first recognized that \u201ceither the necessity of quick action by the State or the impracticality of providing any meaningful predeprivation process, when coupled with the availability of some meaningful means by which to assess the propriety of the State's action at some time after the initial taking, can satisfy the requirements of procedural due process.\u201d Parratt v. Taylor, 451 U.S. at 539, 101 S.Ct. at 1915 (footnote omitted). The Court held that the prisoner failed to make out a procedural due process claim. The Court reasoned that the nature of this deprivation, \u201ca tortious loss [resulting from] a random and unauthorized act by a state employee,\u201d makes it difficult if not impossible for the State to hold a meaningful hearing before the deprivation. Id. at 541, 101 S.Ct. at 1916. The Court held that in such instances post-deprivation remedies such as tort laws are adequate. This reasoning applies equally well in the employment termination context. Usually, an employment termination decision is made initially by the employee's direct supervisor or someone working in the same organization as the employee-a sensible approach given that such person often is already familiar with the employee's abilities and shortcomings as well as the needs and interests of the employer 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 17/27 organization. Yet, these individuals are also likely targets for claims of bias or improper motive simply because of their positions. For example, personality discord may lead to charges that a direct supervisor was biased. Or, as here, budget squeezes may lead to charges that the motivation for the dismissal was to trim the budget. While these charges may have merit in certain cases, to require that the state ensure an impartial pretermination hearing in every instance would as a practical matter require that termination decisions initially be made by an outside party rather than the employer as charges of bias always could be made following an in-house discharge. Not only is this procedure unduly cumbersome, but it also may be unreasonably invasive for the employee, who may want to keep the circumstances of his discharge private. On the whole, we do not think that such excessive pretermination precaution is necessary where the state provides a neutral tribunal at the post- termination stage that can resolve charges of improper motives. Here, the parties agree that the college is a \u201clocal agency\u201d subject to Pennsylvania Local Agency Law.8 Under sections 752 and 754 of the Local Agency Law, 2 Pa.Cons.Stat.Ann. \u00a7\u00a7 752 & 754 (Supp.1994), McDaniels had the right to appeal the college's decision to the state court. See Monaghan v. Board of Sch. Directors of Reading Sch. Dist., 152 Pa.Commw. 348, 618 A.2d 1239, 1241 (1992). Under section 754, a court may hold a de novo hearing \u201c[i]n the event a full and complete record of the proceedings before the local agency was not made.\u201d Moreover, the court may modify or set aside an agency decision if it finds violations of the employee's constitutional rights, an error of law, or that necessary findings of fact were not supported by substantial evidence. Id.; see also Coyle v. Middle Bucks Area Vocational Technical Sch., --- Pa.Commw. ----, 654 A.2d 15, 16 (1994); Springfield Sch. Dist. v. Shellem, 16 Pa.Cmwlth. 306, 328 A.2d 535, 537-38 (1974). Clearly then, even aside from McDaniels' options in his union contract, which procedures he in fact initiated, the state offered him sufficient process to protect his property rights. C. Denial of New Trial on Non-Economic Damages As we find that the college did not violate McDaniels' procedural due process rights, we need not reach the question raised on his cross-appeal as to whether the trial court erred in denying his motion for a new trial on non-economic damages. D. Dismissal of Individual Defendants In a memorandum opinion, the district court noted that it had dismissed, sua sponte and without objection, the case as to the individual defendants because they had nothing to do with the pretermination events leading to McDaniels' discharge. There has been some confusion as to the resolution of this issue because McDaniels states that he did not agree to the dismissal and an order of dismissal was not entered until June 28, 1994, which was several months after the dismissal at the aborted trial. When the case was retried, McDaniels' attorney brought up this point and the court adhered to its ruling. App. 703-04. In his cross-appeal, McDaniels challenges this dismissal. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 18/27 We exercise plenary review over the district court's dismissal of the individual defendants. Alnor Check Cashing v. Katz, 11 F.3d 27, 29 (3d Cir.1993). We have some question as to whether the district court's reasoning was correct as the trustees actually terminated McDaniels' employment. However, in light of our conclusion that the college did not violate McDaniels' rights to procedural due process, we will affirm the dismissal of the individual defendants. Inasmuch as the pretermination procedures did not violate McDaniels' rights, the individual defendants could not be liable For the above reasons, we will reverse the order denying the college's post-trial motion for judgment as a matter of law and will affirm the trial court's dismissal of the case as to the individual defendants. We do not address the college's appeal from the order denying its motion made at the end of the McDaniels' case for a judgment as a matter of law as it is moot. In sum, the consequence of our opinion is that this litigation is terminated in the federal courts with judgments in favor of all the defendants. Fundamental fairness is the hallmark of the procedural protections afforded by the Due Process Clause. Here we must decide whether the pretermination procedures of Delaware County Community College comported with the requirements of due process. In my view they did not would affirm the judgment of the district court. Accordingly dissent. Prior to termination, a public employee with a property interest in continued employment must be afforded \u201ca pretermination opportunity to respond, coupled with post-termination administrative [or judicial] procedures.\u201d Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 547-48, 105 S.Ct. 1487, 1496, 84 L.Ed.2d 494 (1985). To ensure that the pretermination hearing is a meaningful one, the employee \u201cis entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\u201d Id. at 546, 105 S.Ct. at 1495. In this case, Professor McDaniels was not provided adequate notice of the subject or purpose of the November 27, 1991 meeting. He was told only that he should bring his current gradebook and that it related to \u201ca student problem.\u201d App.Vol at 790-91, 868-70. To be sure, advance notice is not a per se requirement of due process. Gniotek v. City of Philadelphia, 808 F.2d 241, 244 (3d Cir.1986). Rather, as the majority correctly noted, \u201c[n]otice is sufficient, 1) if it apprises the vulnerable party of the nature of the charges and general evidence against him, and 2) if it is timely under the particular circumstances of the case.\u201d Id. at 244. Thus, although advance notice is not required, \u201c \u2018the timing and content of notice \u2024 will depend on appropriate accommodation of the competing interests involved.\u2019 \u201d Id. (quoting Goss v. Lopez, 419 U.S. 565, 579, 95 S.Ct. 729, 738-39, 42 L.Ed.2d 725 (1975 conclude that the \u201cparticular circumstances\u201d in this case required some form of advance notice. See Morton v. Beyer, 822 F.2d 364, 369 (3d Cir.1987). 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 19/27 In Morton v. Beyer, a corrections sergeant at a state prison was summoned to a pretermination hearing six months after the putative misconduct, in that case inmate abuse, although he was aware that an internal affairs investigation was initiated within a couple of days of the alleged incident. On the morning of the hearing, the public employee received \u201cvague\u201d notice that the upcoming hearing had something to do with \u201ca general allegation of inmate abuse.\u201d 822 F.2d at 370. At the hearing itself, the employee was accompanied by his union representative and was provided a packet of materials containing the various investigative reports of the incident for his review and comment, to which the employee declined to respond at the advice of his representative. We concluded: \u201cOn the undisputed facts of this case, [the employee] was not afforded timely notice of the nature of the charges or the general evidence against him.\u201d Id. at 371. This case assumes a fortiori proportions. First, although Professor McDaniels also was summoned months after the alleged incident, he was never aware that he was being investigated at any time prior to the pretermination hearing. Second, McDaniels received notice more vague than that in Morton v. Beyer: He was told less than two hours before the meeting only that he should bring his current gradebook and that it related to \u201ca student problem.\u201d App.Vol at 790-91, 868-70. He was not informed that the upcoming meeting was intended to serve as a pretermination hearing or that it related to a student complaint of sexual harassment. Amazingly, this lack of notice was in keeping with the college's policy that the more serious the alleged incident, the less notice and information is provided. App. Vol at 802-03. Third, unlike the public employee in Morton v. Beyer, McDaniels was not accompanied by a representative and was not afforded the opportunity to review the investigative report or evidence against him, specifically a three-page hand-written summary composed by Bryan and signed by the complaining student. Fourth, as part of the pretermination procedure the employee in Morton v. Beyer was provided a departmental hearing after the initial hearing, 822 F.2d at 367 n. 1 & n. 2, whereas Professor McDaniels, notwithstanding the availability of what the majority characterize as \u201cpost- termination rights,\u201d was refused further pretermination review or investigation when, at the suggestion of Bryan, he filed a written request for this additional safeguard from the president of the college. Although am satisfied that McDaniels' pretermination hearing afforded him, to some degree, an impromptu opportunity to hear some of the college's evidence and present his side of the story, clearly he was unable to mount a defense equivalent to the studied and prepared presentation levelled against him: In affirming the conclusion of the district court that [McDaniels] likely received an inadequate Loudermill hearing, we emphasize that we simply hold that, on the facts of this case, prior notice of the nature of the charges against [McDaniels] was required. Particularly in light of the significant lapse in time between the alleged improper conduct and the hearing in [Bryan's] office, [McDaniels] should have been provided sufficient time, at the very least, to recount the facts in his own mind and thus to prepare 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 20/27 himself to demonstrate to [Bryan and McNicholas] that reasonable grounds to believe that the charges were true did not exist. Morton v. Beyer, 822 F.2d at 371 n. 11. The majority and seem to agree that it is difficult to square the jury's finding that Professor McDaniels was afforded constitutionally adequate notice of the pretermination hearing and the charges against him with its finding that he was not afforded a constitutionally adequate opportunity to respond. With such an agreement is an implicit acknowledgement that notice and opportunity to be heard are inextricably bound. Subsumed in the due process requirement of notice is the concept that the recipient will be afforded some opportunity to prepare a meaningful defense. In this case the fact that notice of the pretermination meeting was given, as found by the jury, was nevertheless insufficient to permit Professor McDaniels to defend against a serious charge of sexual harassment intentionally flung upon him out of the blue, as also found by the jury. Under my view of due process protection, notice of a meeting is meaningless unless the vulnerable party is permitted a realistic opportunity to mount a defense and respond accordingly. To be sure, the jury found that Professor McDaniels received notice of the meeting. That is a question of fact which will not disturb on review. As a matter of constitutional law, however believe that the notice failed to meet the constitutional requirements of procedural due process. That is a question for the court and not for the jury. Accordingly dissent 1. The college also appeals from the denial of pretrial motions for summary judgment. In response McDaniels contends that in view of the verdict at the trial we cannot entertain the appeal from the denial of these motions. We do not address this point, however, for our conclusion that the college was entitled to judgment as a matter of law renders it moot. 2. We are generous to McDaniels in so viewing the facts because the college was the verdict winner at the first phase except on the third issue. 3. McDaniels first gave Federici a grade of \u201cIncomplete.\u201d App. 935. 4. Bryan testified that Federici also told him that after McDaniels left, Federici asked Tom if he noticed the way McDaniels was staring at him, to which Tom responded negatively and laughed. App. 781. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 21/27 5. Of course, the fact that they did not accept his responses is irrelevant for purposes of determining whether his procedural due process rights were offended. 6. We are not holding that any delay beyond the pretermination hearing is required for a response. Thus, this case does not cast doubt on the general practice reflected in the cases of terminating an employee at the pretermination hearing. Our opinion simply reflects what happened here. 7. McDaniels testified that he talked to his union's attorney after the pretermination meeting. App. 1095. In addition, his letter to Cosmo indicated that he was withholding copies of the letter from Federici \u201con advice of attorney.\u201d App. 2253. 8. Pennsylvania statute defines \u201clocal agency\u201d as \u201c[a] government agency other than a Commonwealth agency.\u201d 2 Pa.Ann.Stat.Ann. \u00a7 101 (Supp.1994). GREENBERG, Circuit Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 22/27 Go to Learn About the Law \uf105 McDANIELS v (1995) Docket No: Nos. 94-1838, 94-1935. Decided: July 11, 1995 Court: United States Court of Appeals,Third Circuit. Need to find an attorney? 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Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:29 McDANIELS v (1995) | FindLaw 27/27", "7308_102.pdf": "Cited By (0) \uf09e (/feed/search/?type=o&q=cites%3A(2182844)) This case has not yet been cited in our system. Authorities (28) This opinion cites: Cleveland Board of Education v. Loudermill, 470 U.S. 532 (/opinion/111372/cleveland-board-of-education-v-loudermill/?) (16 times) Schweiker v. McClure, 456 U.S. 188 (/opinion/110694/schweiker-v-mcclure/?) (13 times) Frank McDaniels v. James R. Flick John M. Fitzpatrick Frank \u2026 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/?) (13 times) Perry v. Sindermann, 408 U.S. 593 (/opinion/108609/perry-v-sindermann/?) (7 times) Celotex Corp. v. Catrett, Administratrix of the Estate of Catrett, \u2026 (/opinion/111722/celotex-corp-v-catrett-administratrix-of-the-estate-of-catrett/?) (5 times) View All Authorities (/opinion/2182844/heneghan-v-northampton-community-college/authorities/) Related Case Law Ronald Heneghan v. Northampton Comm College (/opinion/806699/ronald-heneghan-v-northampton-comm-college/) In re Aleong (/opinion/2657567/in-re-aleong/) Demko v. Luzerne County Community College (/opinion/2577165/demko-v-luzerne-county-community-college/) Slippery Rock University of Pennsylvania of State System of Higher \u2026 (/opinion/1978948/slippery-rock-university-of-pennsylvania-of-state-system-of-higher/) Rohm & Haas Co. v. United Steel, Paper & Forestry, \u2026 (/opinion/2169011/rohm-haas-co-v-united-steel-paper-forestry-rubber-manufacturing/) Search Full List (/?q=related:2182844&stat_Published=on) Share \uf003 (mailto:? subject=Heneghan%20v.%20Northampton%20Community%20College%2C%20801%20F.%20Supp.%202d%20347%2C%202011%20WL%202708446%2C%202011%20U.S.%20Dist.%20LEXIS%2084221% v-northampton-community-college/) \uf082 ( v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 at CourtListener.com) \uf081 ( status= \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(2182844)) Heneghan v. Northampton Community College, 801 F. Supp. 2d 347 (E.D. Pa. 2011) District Court, E.D. Pennsylvania Filed: August 1st, 2011 Precedential Status: Precedential Citations: 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 Docket Number: Civil Action 09-04979 Judges: Stengel Author: Lawrence F. Stengel (/person/3096/lawrence-f-stengel/) 801 F.Supp.2d 347 (2011) Ronald HENEGHAN, Plaintiff v COLLEGE, et al., Defendants. Civil Action No. 09-04979. United States District Court, E.D. Pennsylvania. July 11, 2011. Order Denying Motion for Reconsideration August 1, 2011. *351 David Deratzian, George S. Kounoupis, Hahalis & Kounoupis, PC, Bethlehem, PA, for Plaintiff. John E. Freund, III, Lucas John Repka, King, Spry, Herman, Freund & Faul, LLC, Bethlehem, PA, for Defendants. STENGEL, District Judge. The plaintiff in this matter, Ronald Heneghan, claims that Northampton Community College violated his right to procedural due process when it rescinded its decision to offer him a tenured employment position in the College's Theatre Department. He also claims that the College and its Dean of Humanities and Social Sciences, Elizabeth Bugaighis, are liable for violating Title and the because they discriminated against him on the basis of his gender. The defendants filed a motion to dismiss his amended complaint and this Court granted the motion in part and denied it in part. Heneghan then filed a second amended complaint. Discovery has been completed, and the defendants have filed a motion for summary judgment in their favor on Heneghan's remaining claims will grant the motion A. Facts Relevant to Procedural Due Process Claim Ronald Heneghan began employment at Northampton Community College (\"NCC\" or \"the College\") in the fall of 2003 in a tenure-track, initial appointment position as Associate Professor of Communications and Theatre. Def. Concise Statement of Material Facts (\"Def. SMF\") \u00b6 1. Mr. Heneghan was a member of a union, the American Federation of Teachers (\"the Federation\"), which had a Collective Bargaining Agreement with NCC. Id. at \u00b6 2; Def. Ex. 11, Collective Bargaining Agreement (\"CBA\"). That agreement provides, among other things, that faculty appointments may be either \"temporary, initial, or standard Article VI, \u00b6 A. \"Faculty on initial contracts are typically offered six (6) one (1) year contracts.\" Id. at \u00b6 C. The further provides that, [1] 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 1/8 Initial appointments may be renewed, or not renewed at the option of the College and for any reason, but the Faculty Member shall be given a statement of reason upon request. Non-renewals during the first five (5) years may not be appealed, but a Faculty Member may appeal a non-renewal occurring during the sixth year of employment to the Board within one (1) month of notification. The Board's decision in the appeal shall be final. The Faculty Member may be represented by the Federation. . . . *352 Faculty with these appointments shall not be given the rights in Article XII, paragraph E, but shall retain all other rights accorded to all other faculty with standard appointments. Id. at Art. VI, \u00b6 C. Article pertains to retrenchment of faculty members, and paragraph explains in detailed terms the rights of faculty with standard appointments, i.e. tenured faculty: \"retrenchment of an Employee shall not occur if a position can be made available by the elimination of part-time and overload assignments and temporary and initial appointments for which the Employee is qualified[.]\" Id. at Art. XII, \u00b6 E. Article of the provides, except with respect to the provisions for termination under Section VI, that a faculty member may be discharged \"only for just cause.\" Id. at Art. X, \u00b6 A. In other words, a faculty member under an initial appointment during the first five years has the right to a statement of reasons for non-renewal, but has no appeal process faculty member who is denied another year of employment during the sixth year has the right to both a statement of reasons and an appeal to the Board. Standard appointment, or tenured, faculty members, are guaranteed employment absent \"just cause\" for dismissal. During his sixth year at NCC, in February of 2009, Mr. Heneghan was notified that he was recommended for standard appointment to NCC's Board of Trustees (\"the Board\"). Def \u00b6 14. On March 5, 2009, the Board voted to approve his standard appointment. Id. at \u00b6 15. In a memorandum to Mr. Heneghan, Kathy Siegfried, Director of Human Resources at the College, notified him of the Board's vote, stating that his appointment was \"effective with the 2009/10 academic year.\" Def. Ex. 3. However, on March 13, 2009, Heneghan received a letter, written by College President Arthur Scott and delivered by Vice-President of Administrative Affairs Mike McGovern, reversing this decision. See Def. Ex. 1, Heneghan Dep. Session 1, July 19, 2010 (\"Heneghan Dep. 1\"), at 73-75. It stated, \"This is to officially notify you that we are rescinding the March 6, 2009 memorandum notifying you of the College's decision to grant you a standard appointment. This decision has been delayed until further notice.\" Def. Ex. 4. At some point in late March, 2009, Mr. Heneghan attended a meeting with Helene Whitaker, Vice-President of Administrative Affairs, Dr. Bugaighis, Dr. McGovern, and Margaret Closson, Vice-President of Student Affairs. Heneghan Dep. 1, 82:19-83:24. He was informed by these administrators that his tenure had been rescinded due to non-collegial conduct with his colleagues and because \"the college had discovered several things about [his] work that were cause for concern.\" Heneghan Dep. 1, 84:6-13; Def. Ex. 2, Heneghan Dep. Session 2, Jan. 31, 2011 (\"Heneghan Dep. 2\"), at 27:1-17. Specifically, Ms. Whitaker accused Mr. Heneghan of sexually harassing a student, kissing a student, and providing beer to underage students. See Heneghan Dep. 2, 27:1-17; Heneghan Dep. 1, 85-88. Mr. Heneghan answered questions about these allegations, explaining with respect to the beer that he had attended a student cast party and brought beer, but that the beer was for his personal consumption. Heneghan Dep. 1, 86:12-17. He admitted during his deposition that he didn't actually drink any of the beer, and left it all in the refrigerator at the party. See id. at 87. The administrators also asked him about an interaction with a student in which he had \"humiliated\" that student. Heneghan Dep. 2, 43:4-19. Following the meeting and on April 2, 2009, Mr. Heneghan sent a three-page letter to Ms. Whitaker, Ms. Closson, Dr. *353 McGovern and Dr. Bugaighis responding to some of the issues raised during the meeting. Def. Ex. 15. In the letter, Mr. Heneghan admitted that he had both commented on a student's \"look and physical presence\" in front of a class, and kissed a student during a rehearsal but apologized to her. See id. His letter was in large part directed at the collegiality issue addressed at the meeting. He explained that \"inconsistencies with my colleagues have been a challenge,\" and detailed many conflicts that had arisen between him and Jaye Beetem, another faculty member in the Theatre Department. See id. He asked that the recipients of the letter communicate his thoughts with the Board of Trustees \"as this process continues.\" Id. On April 2, 2009, the Board of Trustees ratified the rescission of Mr. Heneghan's standard tenure appointment. See Def \u00b6 24; Def.'s Ex. 10. On April 9, 2009, Mr. Heneghan officially appealed the decision rescinding his tenure by sending a letter to Ms. Whitaker, citing his appeal rights under Article of the pertaining to sixth year initial appointment faculty members. See Def. Ex. 5. He notified Ms. Whitaker that he would be represented by Shelly Snyder, of the American Federation of Teachers, in his appeal. See id.; Def \u00b6 31. On April 15, 2009, Mr. Heneghan received a letter from Ms. Whitaker confirming the reasons for the rescission. She cited his non-collegial behavior with his colleagues and troubling interactions with students, including bringing beer to cast parties, kissing a student, humiliating numerous students, and using inappropriate language. See Def. Ex. 6. On April 20, 2009, Mr. Heneghan was informed by letter that the Board of Trustees would hear his appeal on May 7, 2009. See Def. Ex. 7. He had requested a closed hearing before the board, but Ms. Whitaker, Dr. Bugaighis, and Dr. McGovern were present. Heneghan Dep. 1, 146:8-21. Mr. Heneghan gave an opening statement asking the Board to remember his work as a teacher in considering whether to grant him tenure. Id. at 147:16-148:17. Ms. Snyder also made opening comments to the Board. Id. at 150:17-151:4. Mr. Heneghan gave the Board materials in support of his arguments, including letters on his behalf. Id. at 144-145. He was asked questions about the same allegations addressed in his earlier correspondence with Ms. Whitaker, including bringing beer to a student event, his collegiality with other department members, his use of language, and other incidents Ms. Whitaker had identified in her April 15, 2009, letter. See id. at 151-152. Mr. Heneghan responded to all questions asked of him. Id. at 152:10-153:5. He learned the next day that the Board had voted unanimously not to grant him tenure. Id. at 156:15-24. He received official notice that his appeal had been denied on May 11, 2009. Def \u00b6 34. On May 13, 2009, Mr. Heneghan filed a union grievance regarding NCC's decision denying him tenure. Def. SMF, \u00b6 35; Def. Ex. 8. Article of the sets forth the rules for the filing of grievances. Under these rules, a grievant shall \"present a grievance at the lowest administrative level having authority to dispose of the grievance within fifteen (15) College days after the occurrence or condition giving rise to the grievance Art. XIV, \u00b6 D. The College's administrative representative has fifteen days to submit a written response to the grievant, and if the employee's grievance is not resolved by the response, the grievant may appeal to the President of the College. Id. Following appeal to the President, the grievant, may, through the Federation, submit the matter to the American Arbitration Association for arbitration. Id. Mr. Heneghan's grievance was denied. The Federation decided not to proceed with the second step of the *354 grievance process by appealing to the President. Def \u00b6 36. B. Facts Relevant to Gender Discrimination Claim Julie (\"Jaye\") Beetem was hired as a faculty member in the Theatre Department at in January of 2006. Second Am. Compl. \u00b6 14. She was not Heneghan's supervisor. Def \u00b6 4. In his Second Amended Complaint, Mr. Heneghan alleges that after Ms. Beetem was hired, \"[i]t quickly became obvious [] that [she] was hostile to males in Theatre.\" Second Am. Compl. \u00b6 15. Mr. Heneghan alleges that evidence of this consisted of (1) her hostile response to a male guest play director in the Spring 2006 semester; (2) the fact that she was \"directly responsible for at least two male students withdrawing from the Theatre program at NCC\"; (3) her spreading \"false rumors\" about another male guest director in the Spring 2008 semester; (4) her opposition to a male candidate for a position in the Theatre department; and (5) the fact that, beginning in 2007, she \"began a course of conduct aimed at having Heneghan removed from his position\" at NCC. Id. at \u00b6\u00b6 15, 19, 20, 25-26, 28. With respect to her alleged attempts to have Mr. Heneghan fired, he claims Ms. Beetem \"attempted to blackmail him,\" made statements indicating that \"she was going to destroy Heneghan's employment at and [] compromise his ability to obtain work elsewhere in educational theatre,\" failed to perform her duties in connection with a play he directed, blamed him for an injury to a student that was actually her fault, excluded him from department decisions, and finally, \"began a campaign against him designed to have his tenure revoked\" after she learned of the decision granting him tenure. See id. at \u00b6\u00b6 22, 23, 29, 32-35, 38, 39. Mr. Heneghan alleges he \"made complaints to Dr. [] Bugaighis about the sexually discriminatory actions by Beetem, but no action was taken to stop her,\" that he \"made administration aware of these threats by Beetem, specifically to [sic] Dr. Bugaighis,\" and that he \"made a complaint to Bugaighis by letter of March 5, 2008 that Beetem was attempting to undermine him.\" Id. \u00b6 21, 24, 27. During his deposition, Mr. Heneghan testified that he had \"said to Dr. Bugaighis on a few occasions that [Ms. Beetem] seems to be having trouble with\" or \"had problems with\" various male guest directors working in NCC's theatre program. Heneghan Dep. 1, 200:8-14. He explained that Ms. Beetem had threatened him by confronting him with an accusation that he should not be directing a play that used funds allocated by the College Life Committee, a committee that he chaired. See Heneghan Dep. 2 at 13:21-17:15. He told Dr. Bugaighis that Ms. Beetem had accused him of \"using money illegally or [fraudulently],\" and explained the circumstances of the situation to her. See id. at 17-19:10 Dr. Bugaighis said she would look into it and never brought up the topic again. See id. While Mr. Heneghan suspected that Ms. Beetem had voiced her allegations to others, he had no facts supporting that conclusion. See id. at 19:11-20:12. He also told Dr. Bugaighis that Ms. Beetem had told him \"that [his] window for obtaining a job at a four year college or university was rapidly closing\" and told him that if he was going to leave NCC, he should do so soon. Id. at 21:12-19. Dr. Bugaighis did nothing about this. Id. at 22:4-9. Mr. Heneghan again referred to the letter he sent to Dr. Bugaighis on March 5, 2008, voicing his concern that Ms. Beetem had accused him of not properly doing his job. See id. at 22:15- 24:24. He claimed that the letter described the divisiveness that Ms. Beetem created in the department. See id. at 25:20-26:2 Mr. Heneghan has not produced this letter. *355 Mr. Heneghan admitted that he had no evidence that the concerns brought up by administrators in connection with the rescission of his tenure appointment came from reports by Ms. Beetem. Heneghan Dep. 2, 27:9-16. He admitted that in his conversations with Dr. Bugaighis about Ms. Beetem, he never accused her of sexual harassment or sexual discrimination, and instead simply \"[let] Dr. Bugaighis know that [Ms. Beetem] had a problem with me and other guys.\" Id. at 28:23-29:7. The \"other guys\" to whom he was referring were two men from the media services department that Ms. Beetem accused of, and reported for, taking drugs during an on-campus event. See id. at 29:6-30. He also described instances in which Ms. Beetem had been unhelpful, hostile, or rude to male students 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 2/8 in the Theatre Department and to a male music director working there. See Heneghan Dep. 2, 71:22-75:15. Mr. Heneghan stated that had told Dr. Bugaighis that Ms. Beetem didn't want him in the program, told him that his window of opportunity for work at a four year college was closing, and undermined his work. See id. at 33:1-18. Mr. Heneghan did not remember ever voicing concerns about Ms. Beetem's anti-male animus, towards him or any other males, during his meeting with the Board on May 7, 2009. See id. at 41:7-12. C. Procedural Posture Mr. Heneghan filed a complaint in this Court on October 29, 2009. He filed an amended complaint on January 19, 2010, against Northampton Community College, Dr. Bugaighis, and Dr. Whitaker. After he filed his amended complaint, defendants filed a motion to dismiss. In a Memorandum and Order dated July 7, 2010, this Court ruled that dismissal of Mr. Heneghan's procedural due process claim was inappropriate. This Court did not find that Mr. Heneghan had achieved tenured status as a result of the Board's March 5, 2009 vote. Mem. Granting in Part and Denying in Part Def.'s Mot. To Dismiss, 10 (\"Viewing the facts alleged in the complaint in his favor, it would be inappropriate to find as a matter of law that Heneghan had no property interest in continued public employment with NCC. Heneghan alleges that the Board's March 5, 2009 vote granted him tenure.\" (emphasis added)). Following the Court's ruling on the motion to dismiss, Mr. Heneghan filed a second amended complaint containing the same factual averments. In Count I, he alleges that is liable under 42 U.S.C. \u00a7 1983 for violating his \"constitutionally protected right to tenured public employment.\" Second Am. Compl. \u00b6 46. In Count II, he alleges that is liable under Title of the Civil Rights Act (\"Title VII\") for \"treating [him] in a disparate manner based upon his sex.\" Id. at \u00b6 50. In Count III, he alleges that and Dr. Bugaighis are liable under the Pennsylvania Human Relations Act (\"PHRA\") for \"subjecting [him] to more onerous working conditions and treating [him] in a disparate manner.\" Id. at \u00b6 53. Defendants have filed a motion for summary judgment in their favor on these claims Summary judgment is proper \"if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed.R.Civ.P. 56(a factual dispute is \"material\" only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (/opinion/111719/anderson-v-liberty-lobby/), 248, 106 S.Ct. 2505 (/opinion/111719/anderson-v-liberty- lobby/), 91 L.Ed.2d 202 (/opinion/111719/anderson-v-liberty-lobby/) (1986). For an issue to be \"genuine,\" a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. Id. (/opinion/111719/anderson-v-liberty-lobby/) *356 party seeking summary judgment initially bears responsibility for informing the court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/), 322, 106 S.Ct. 2548 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/), 91 L.Ed.2d 265 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/) (1986 party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing relevant portions of the record, including depositions, documents, affidavits, or declarations, or showing that the materials cited do not establish the absence or presence of a genuine dispute, or showing that an adverse party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c). Summary judgment is therefore appropriate when the non-moving party fails to rebut the moving party's argument that there is no genuine issue of fact by pointing to evidence that is \"sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\" Celotex, 477 U.S. at 322 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett- administratrix-of-the-estate-of/), 106 S.Ct. 2548 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/); Harter v Corp., 967 F.2d 846, 852 (3d Cir.1992 A. Procedural Due Process Claim Mr. Heneghan alleges that violated his rights under section 1983 \"by depriving him of his constitutionally protected right to tenured public employment as guaranteed by the Fourteenth Amendment. . . in that Plaintiff was terminated from his position.\" Second Am. Compl. \u00b6 46. The Fourteenth Amendment prohibits deprivations \"of life, liberty, or property, without due process of law.\" U.S. Const. amend. XIV, \u00a7 1. If a plaintiff asserts individual life, liberty, or property interests, states are required to ensure that certain procedural safeguards are in place before the plaintiff is deprived of those interests. Alvin v. Suzuki, 227 F.3d 107 (/opinion/770490/john-d-alvin-general-partner-pharmakon-inc-clinical-pathology-facility/), 116 (3d Cir.2000). To have a property right in public employment protected by procedural due process, \"a person must have more than a unilateral expectation of continued employment[.]\" Elmore v. Cleary, 399 F.3d 279 (/opinion/789367/karen-elmore-v-donald-cleary-eugene-turner-kenneth- naugle-and-huntington/), 282 (3d Cir.2005). He must instead have \"a legitimate entitlement to such continued employment.\" Id. (/opinion/789367/karen-elmore-v-donald-cleary-eugene-turner-kenneth- naugle-and-huntington/) (citing Bd. of Regents of State Colls. v. Roth, 408 U.S. 564 (/opinion/108608/board-of-regents-of-state-colleges-v-roth/), 577, 92 S.Ct. 2701 (/opinion/108608/board-of-regents-of- state-colleges-v-roth/), 33 L.Ed.2d 548 (/opinion/108608/board-of-regents-of-state-colleges-v-roth/) (1972 legitimate property interest in continued employment with the government arises from the operation of state law, which can confer such an interest either through statute or through a contract. Bishop v. Wood, 426 U.S. 341 (/opinion/109476/bishop-v-wood/), 345-46 & n. 8, 96 S.Ct. 2074 (/opinion/109476/bishop-v-wood/), 48 L.Ed.2d 684 (/opinion/109476/bishop-v-wood/) (1976); Perry v. Sindermann, 408 U.S. 593 (/opinion/108609/perry-v-sindermann/), 601, 92 S.Ct. 2694 (/opinion/108609/perry-v-sindermann/), 33 L.Ed.2d 570 (/opinion/108609/perry-v-sindermann/) (1972); Unger v. Nat'l Residents Matching Program, 928 F.2d 1392 (/opinion/557998/lisa-d-unger-v-national-residents-matching-program-temple-university-of/), 1398 (3d Cir. 1991). Because public employees in Pennsylvania are presumed to be at-will employees, a property interest under an employment contract with the government arises only if termination under that contract must be \"for cause.\" Unger, 928 F.2d at 1399 (/opinion/557998/lisa-d-unger-v-national-residents-matching-program-temple-university-of/); see also Gilbert v. Homar, 520 U.S. 924 (/opinion/118125/gilbert-v-homar/), 928-29, 117 S.Ct. 1807 (/opinion/118125/gilbert-v-homar/), 138 *357 L.Ed.2d 120 (1997) (\"[P]ublic employees who can be discharged only for cause have a constitutionally protected property interest in their tenure and cannot be fired without due process legitimate claim of entitlement to continued employment can also arise from a government employer's policies and practices. See Perry, 408 U.S. at 602 (/opinion/108609/perry-v-sindermann/), 92 S.Ct. 2694 (/opinion/108609/perry-v-sindermann/). If a public employee has a legitimate interest in continued employment, he is entitled to \"oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story\" before his or her employment is terminated. Cleveland Bd. Of Ed. v. Loudermill, 470 U.S. 532 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 546, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 84 L.Ed.2d 494 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/) (1985). Notice and an opportunity to be heard are necessary because of the significance of the private interest in retaining employment, and because of the importance of such procedures in ensuring that employing officials reach an accurate decision, both in terms of the facts alleged and the appropriateness of the response. See id. at 543-544, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill pre-termination hearing in the public employment context is to operate as an \"initial check against mistaken decisions.\" Id. at 545, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/). Such a hearing is \"essentially a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\" Id. at 546, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/). Therefore, a pre-termination hearing can be \"`something less' than a full evidentiary hearing\" and \"need not be elaborate.'\" Id. at 545, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/). \"The opportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement.\" Id. at 546, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v- loudermill/). 1. Existence of a Property Interest Although the College concedes for the purpose of argument that Mr. Heneghan had a protected property interest, it also argues that Mr. Heneghan was not deprived of a property interest because his standard appointment for tenure did not take effect until the 2009-2010 school year, and the vote granting him tenure was rescinded in April of 2009, before the 2009-2010 school year began. See Def.'s Mem. In Support of Mot. For Summary J. at 4, n. 4. Mr. Heneghan argues in response that he had a legitimate expectation of continued employment both because the Board's vote on March 5, 2009 was executory and would take effect the following fall without further action, and because no professor had ever had a tenure decision reversed. Ms. Whitaker testified that had never before had a situation where a professor was recommended for a standard appointment, the Board accepted the recommendation, and the decision was rescinded only a few days later. Whitaker Dep. 30:22-31:11. Relevant Supreme Court precedent \"has made clear that a government employer's policies and practices can create a legitimate claim of entitlement to continued employment.\" Gunasekera v. Irwin, 748 F.Supp.2d 816, 822 (S.D.Oh.2010) (citing Perry, 408 U.S. at 602 (/opinion/108609/perry-v-sindermann/), 92 S.Ct. 2694 (/opinion/108609/perry-v-sindermann/)) (finding that tenured professor who was terminated from his position had a legitimate claim of entitlement to continued employment where, before he was stripped of his position, \"no other professor had ever suffered such a sanction.\"). Mr. Heneghan *358 has demonstrated that, at the time his standard appointment was revoked, it was NCC's practice to honor granted tenure appointments the following academic year. He has also demonstrated that the College had never before revoked a standard tenure appointment after granting it. Mr. Heneghan has therefore presented sufficient facts on summary judgment to demonstrate that he had a legitimate claim of entitlement to continued employment following the Board's vote granting him a standard appointment. 2. Adequacy of Process Afforded accepts for the sake of argument that Mr. Heneghan had a protected property interest, and maintains that \"it is beyond dispute that he was provided with due process.\" Def.'s Mem., 4. Before considering whether the process received by Mr. Heneghan was in accord with the requirements of the due process clause briefly note Mr. Heneghan's argument that he was entitled to a \"hearing before a neutral hearing officer.\" Pl.'s Mem. at 7. Mr. Heneghan is incorrect. He relies on only one case, inapplicable in the context of public employment, for his argument that he was entitled to a hearing before [2] [3] 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 3/8 a neutral officer, and fails to recognize that Loudermill provides the standard applicable in his case. Assuming Mr. Heneghan had a legitimate expectation of continued employment based on the Board's vote, he was entitled, under Loudermill to be made aware of the College's allegations of inappropriate behavior and to respond to those allegations in order to ensure that officials could hear his side of the story. He was not entitled to an elaborate, adversarial proceeding but rather could tell his story either in person or in writing. Mr. Heneghan received the process to which he was entitled. Shortly after receiving the letter informing him that the Board's tenure decision had been revoked, but before it reached a final decision on the issue, Mr. Heneghan was invited to attend a meeting with four college administrators where he was told of NCC's concerns about his treatment of students, specifically *359 kissing a student and bringing beer to a student party, and his non-collegial behavior with other professors in his department. He was given a chance to respond orally to these concerns. He also submitted a letter to the same officials further explaining his view of the incidents. It was not until after the meeting with the officials and his submission of a written response that the Board ratified the rescission of his appointment. Following that decision, he was given a written explanation of the reasons for the rescission and was given yet another opportunity to explain his side of the story when he was granted an appeal before the Board. At that appeal, he had the representation of a Federation lawyer, he was able to submit documents in support of his arguments, he gave an opening statement, and he answered questions about the allegations against him viewed Mr. Heneghan's situation as a denial of standard appointment and not as a revocation of already-granted tenure. Therefore, when Mr. Heneghan filed a grievance, the remedy available to tenured faculty in the event of termination or discipline, it was denied. However, Mr. Heneghan did not proceed to the following two steps of the grievance process, which were presumably available to him. He admits that the Union, which represented him, elected not to do so. Mr. Heneghan was afforded numerous opportunities to explain his side of the story before his tenure was revoked\u0000he did so both orally and in writing before an ultimate decision was made on rescission, he was afforded a hearing following rescission, and there was a three-step, post-termination grievance process available to him, which he did not pursue past the first step. The undisputed facts show that he was afforded the process due to him prior to the Board's rescission of his tenure appointment, and that adequate post-deprivation remedies were available pursuant to the CBA. Therefore, summary judgment in NCC's favor on his procedural due process claim will be granted. B. Employment Discrimination Claim Mr. Heneghan alleges that the College discriminated against him on the basis of gender in violation of Title and the PHRA. He claims that Ms. Bugaighis is liable under the for aiding and abetting NCC's illegal discrimination. Under Title and the PHRA, it is unlawful to discriminate against an individual with respect to the compensation, terms, conditions or privileges of employment because of that individual's gender. 42 U.S.C. \u00a7 2000e-2(a)(1). \"[G]ender-based employment discrimination claims can be brought under theories of hostile work environment, disparate treatment, or disparate impact.\" Tomaselli v. Upper Pottsgrove Twp., No. 04-2646, 2004 2988515 at *3 (E.D.Pa. Dec. 22, 2004). In his complaint, Mr. Heneghan alleges that he was subject to disparate treatment, in that he was treated less favorably than females in the Theatre Department, reported *360 threats made to him by Ms. Beetem to the administration and never received a response, and then had his tenure decision revoked on the basis of Ms. Beetem's unsubstantiated allegations. See Second Am. Compl. \u00b6\u00b6 22-24, 40-41, 50, 53 plaintiff can prove discrimination through either direct, see Torre v. Casio, Inc., 42 F.3d 825 (/opinion/684359/67-fair-emplpraccas-bna-568-66-empl-prac-dec-p-43451-gabriel/), 829 (3d Cir.1994), or indirect evidence, see McDonnell Douglas Corp. v. Green, 411 U.S. 792 (/opinion/108786/mcdonnell-douglas-corp-v-green/), 802, 93 S.Ct. 1817 (/opinion/108786/mcdonnell-douglas-corp-v-green/), 36 L.Ed.2d 668 (/opinion/108786/mcdonnell-douglas-corp-v-green/) (1973). Direct evidence is evidence which, if believed, would prove the existence of a fact in issue without any inference or presumption. Torre, 42 F.3d at 829 (/opinion/684359/67-fair-emplpraccas-bna-568-66- empl-prac-dec-p-43451-gabriel/). It is evidence that demonstrates that \"decision makers placed substantial negative reliance on an illegitimate criterion in reaching their decision.\" Anderson v. Consol. Rail Corp., 297 F.3d 242 (/opinion/778417/wayne-s-anderson-william-r-bellamy-linda-a-bonner-robert-r-carter/), 248 (3d Cir.2002). \"Only the most blatant remarks, whose intent could be nothing other than to discriminate in reaching an employment decision, are considered sufficient to constitute direct evidence of discrimination.\" Weightman v. Bank of New York Mellon Corp., 772 F.Supp.2d 693, 702 (W.D.Pa.2011) (citing Taylor v. Procter & Gamble Dover Wipes, 184 F.Supp.2d 402, 413 (D.Del.2002)). In mixed motives cases, the plaintiff can survive summary judgment by showing with direct evidence that a protected characteristic was a motivating factor for an employment action. See 42 U.S.C. \u00a7 2000e-2(m); Cobetto v. Wyeth Pharmaceuticals, 619 F.Supp.2d 142, 155-56 (W.D.Pa.2007) (citing, inter alia, Desert Palace, Inc. v. Costa, 539 U.S. 90 (/opinion/130146/desert-palace-inc-v-costa/), 101, 123 S.Ct. 2148 (/opinion/130146/desert-palace-inc-v-costa/), 156 L.Ed.2d 84 (/opinion/130146/desert- palace-inc-v-costa/) (2003)). Under the mixed motives theory, \"both legitimate and illegitimate reasons motivated the [employment] decision.\" Desert Palace, 539 U.S. at 93 (/opinion/130146/desert-palace- inc-v-costa/), 123 S.Ct. 2148 (/opinion/130146/desert-palace-inc-v-costa/). The record in this case contains no evidence that Mr. Heneghan's gender was a motivating factor in his termination. He cites numerous incidents in which he was treated poorly by Ms. Beetem, but he points to no actual discriminatory remarks or blatant gender-based characterizations, instead describing situations in which the conflicts between he and Ms. Beetem were clearly based on legitimate workplace issues and concerns. Mr. Heneghan also admitted that, in his discussions about Ms. Beetem with Dr. Bugaighis, he never complained that she was sexually discriminating against him or sexually harassing him. Indirect, or circumstantial, evidence of discrimination is evidence that creates an inference of discrimination. When an employee relies on circumstantial evidence of discrimination, he must first establish a prima facie case before any burden shifts to the employer. McDonnell Douglas, 411 U.S. at 802 (/opinion/108786/mcdonnell-douglas-corp-v-green/), 93 S.Ct. 1817 (/opinion/108786/mcdonnell-douglas- corp-v-green/). To state a prima facie case, a plaintiff must show that: (1) he is a member of a protected class; (2) he was qualified for the position he sought to attain or retain; (3) he suffered an adverse employment action; and (4) the action occurred under circumstances that could give rise to an inference of intentional discrimination. See Makky v. Chertoff, 541 F.3d 205 (/opinion/1439705/makky-v- chertoff/), 214 (3d Cir.2008). Once the plaintiff establishes a prima facie case of discrimination, the burden of persuasion shifts to the employer *361 to articulate a legitimate, non-discriminatory reason for the challenged decision. Id. (/opinion/1439705/makky-v-chertoff/) If the defendant succeeds, the burden returns to the plaintiff to show that the employer's stated reason for termination was merely a pretext for intentional discrimination. Id. (/opinion/1439705/makky-v-chertoff/) Defendants argue that to establish a prima facie case under a disparate treatment theory of liability, a complainant must show that he was (1) a member of a protected class (2) who was qualified for the job from which he was discharged and (3) others not in the protected class were treated more favorably. Def.'s Mem. at 7 (citing Goosby v. Johnson & Johnson Medical, Inc., 228 F.3d 313 (/opinion/770614/deborah-s-goosby-v-johnson-johnson-medical-inc/), 318-319 (3d Cir. 2000 does not dispute that Mr. Heneghan has met the first two elements of this prima facie case, and instead argues that it is entitled to summary judgment because Mr. Heneghan \"has produced no evidence of any other similarly situated employee, let alone a female employee, who he contends was treated differently from him\" because he has failed to identify \"any other similarly situated individual who engaged in similar behavior who had his tenure appointment rescinded.\" Def.'s Mem., 8. Defendants' reliance on this standard is unsound. \"The prima facie case in a gender discrimination action is `highly factually dependent[,] and plaintiffs need not point to different treatment for similarly situated employees in every case,' though facts suggesting such different treatment are `highly probative' of discrimination.\" Hobson v. St. Luke's Hosp. & Health Network, 735 F.Supp.2d 206, 214 (E.D.Pa.2010) (citing Abbasi v. SmithKline Beecham Corp., No. 08-277, 2010 1246316, at *5 (E.D.Pa. Mar. 25, 2010)). Mr. Heneghan has produced evidence that no other employee, male or female, has ever had a tenure appointment revoked, so to dismiss his case under this proposed standard is inappropriate, since there is no way for him to compare his unique situation to that of another professor. Defendants do not address the first three elements of the properly stated, four-part prima facie case. Mr. Heneghan meets these elements\u0000he is a member of a protected class under Title VII, it appears he was qualified for the position, and rescission of his tenure appointment was an adverse employment action. Therefore, the question becomes whether has offered a legitimate, non-discriminatory reason for revoking his offer of tenure. Because cites and adheres to an improperly phrased standard for its prima facie case, it has not addressed whether Mr. Heneghan has offered evidence showing that his tenure was revoked under circumstances that could give rise to an inference of intentional discrimination. Neither has it argued that, assuming Mr. Heneghan has met his prima facie burden had a legitimate nondiscriminatory reason for rescinding his tenure. Mr. Heneghan fails to point out this deficiency in his response to the defendants' motion, arguing instead that his gender discrimination claims should survive summary judgment because he \"has testified that he brought numerous incidents of mistreatment of males by Beetem to the attention of Dr. Bugaighis ... and there is no evidence that any action at all was taken.\" Pl.'s Resp., 8. Mr. Heneghan has failed to allege conduct giving rise to an inference of discrimination. The evidence in the record, *362 and his own descriptions of his relationship with Ms. Beetem, indicate he and she had nothing more than a personality conflict. However, even assuming that he has stated a prima facie case, there is ample evidence in the record to conclude that had legitimate, nondiscriminatory reasons for rescinding Mr. Heneghan's tenure appointment. He admitted bringing beer to a student party, kissing a student during a play rehearsal, and making a comment about a student's physical appearance in class. In addition, he exhibited improper behavior towards his colleagues has provided evidence that its concerns about his non-collegial behavior were legitimate and arose prior to the rescission of his tenure appointment. As written by Dr. Bugaighis to Mr. Heneghan in August of 2008: You elected again this year to use the occasion of the annual self-assessment to lambaste colleagues and list your grievances. Last year gave it a pass. Despite the difficulties in the department last year, your colleagues did not reciprocate in kind. Despite your stormy relationship with Norman Roberts, he gave you a very positive peer evaluation for the year am increasingly concerned about your ability to work effectively within the department, and the college, regardless of the recent personnel change believe this is a serious impediment to your success at Northampton. Def. Ex. 14. Mr. Heneghan's self-evaluation that year indeed contained disparaging comments about Mr. Roberts. See id. Mr. Heneghan's inappropriate behavior with students and his demonstrated unwillingness to treat colleagues in his department with respect were legitimate nondiscriminatory reasons for rescinding his tenure, as expressed in the April 15, 2009 letter he received from Ms. Whitaker describing why the Board of Trustees adopted the recommendation that his tenure be revoked. See Def. Ex. 6. [4] [5] [6] [7] [8] [9] 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 4/8 Mr. Heneghan has failed to provide any evidence that NCC's stated reasons for rescinding his tenure were pretext for discrimination on the basis of his gender. His only argument, that he had brought numerous incidents of mistreatment of males to the attention of Dr. Bugaighis, is belied both by his deposition testimony and his own characterization of his complaints to her. In his letter to administrators providing his side of the story with respect to their accusations against him, he stated: [I]nconsistencies with my colleagues have been a challenge broached the subject last year with Elizabeth [Bugaighis] after Jaye Beetem and conflicted over production difficulties and personality issues ask you all to review my repeated attempts, in the spring of last year and throughout this year, to try to find mutual resolutions for conflict through the proper channels at NCC. Def.'s Ex. 15. In other words, even as it became clear that he was in danger of losing his job, Mr. Heneghan did not express concerns about sexual discrimination at the hands of Dr. Bugaighis or Ms. Beetem and rather stated that he and Ms. Beetem \"conflicted over production difficulties and personality issues.\" He has failed to offer any evidence whatsoever that NCC's stated reason for rescinding his tenure appointment was pretext for gender discrimination. Mr. Heneghan has failed to present sufficient evidence to survive summary judgment on his claim that discriminated against him on the basis of his gender. Because he has failed to state a claim against under Title and the PHRA, his aiding and abetting *363 claim against Dr. Bugaighis is also without merit For the reasons set forth above, defendants' motion for summary judgment will be granted NOW, this 11th day of July, 2011, upon careful consideration of the defendants' motion for summary judgment (Document No. 43), and the plaintiff's response thereto (Document No. 45 that: 1. The motion is GRANTED. 2. The Clerk of Court is directed to make this case CLOSED. Ronald Heneghan has filed a motion for reconsideration of this court's July 11, 2011 memorandum and order granting defendants' motion for summary judgment. He claims this Court improperly failed to consider relevant precedent set forth in McDaniels v. Flick, 59 F.3d 446 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) (3d Cir. 1995). Because McDaniels does not support Mr. Heneghan's contention that there is a genuine dispute whether his procedural due process rights were violated, his motion for reconsideration will be denied Mr. Heneghan was a professor at Northampton Community College (\"the College\") who was granted tenure by the Board of Trustees only to have that decision revoked before it could take effect. Because the facts are set forth in detail in this Court's memorandum and order granting the motion for summary judgment filed by the College and its Dean of Humanities and Social Sciences, Elizabeth Bugaighis will repeat only those facts relevant to the instant motion. Mr. Heneghan seeks reconsideration of this Court's ruling only insofar as it granted summary judgment in the College's favor on his procedural due process claim. For purposes of the arguments raised in the motion for reconsideration, it bears repeating that Mr. Heneghan's case is indeed unique: instead of being denied tenure, or being fired at some point during his career as a tenured employee, Mr. Heneghan was initially granted tenure by the Board of Trustees in February of 2009 only to have this decision quickly revoked after allegations surfaced that he had engaged in inappropriate conduct with students and behaved rudely to his colleagues. This, as admitted by College officials, had never happened before at the College. After Mr. Heneghan first received notice in March of 2009 that his tenure appointment had been rescinded, he filed a notice of appeal citing Article of the Collective Bargaining Agreement (\"CBA\") entered into between the College and the American Federation of Teachers (\"the Union\"), the union of which he was a member. Under Article \u00b6 C, faculty members who are denied tenure after teaching for six years at the College are entitled to appeal that denial before the College's Board of Trustees. Mr. Heneghan didn't quite fall into this category, since after six years of teaching he had actually briefly been granted tenure before the decision was rescinded. He was granted an appeal, and he appeared for a hearing before the Board of Trustees on May 7, 2009, where he implored its members not to rescind his tenure appointment. They rescinded it nonetheless. Mr. Heneghan was accompanied to the hearing by Shelly Snyder, a Union representative. *364 He stated that his conversations with her gave him the impression that after the Board denied his appeal, he had no further recourse. Heneghan Dep. Session 1, 125:24-126:4. She allegedly told him that appeal to the Board of Trustees under Article was his \"only avenue\" for appeal of the rescission. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) at 126: 2-4. Indeed, Ms. Snyder testified that she thought appeal to the Board had been the proper route for Mr. Heneghan to take. Snyder Dep. 24:14-16 thought that the contract language under Article 4 was pretty clear as to what his status was as an employee with the Community College.\"). However, in the CBA, there is another section under which College employees may file grievances about College actions. This section, which appears at Article of the CBA, provides that \"a grievance is a complaint arising out of the interpretation, application, or violation of one or more of the express provisions of this Agreement Article \u00b6 A(1). Under this Article, a grievant shall \"present a grievance at the lowest administrative level having authority to dispose of the grievance within fifteen (15) College days after the occurrence or condition giving rise to the grievance Art. XIV, \u00b6 D. The College's administrative representative has fifteen days to submit a written response to the grievant, and if the employee's grievance is not resolved by the response, the grievant may appeal to the President of the College. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) Following appeal to the President, the grievant, may, through the Union, submit the matter to arbitration. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) Mr. Heneghan learned on May 10, 2009 that the Board had voted not to reinstate his tenure. On May 13, 2009, despite his claimed belief that he had no further recourse to appeal its decision, he filed a Union grievance under procedures set forth in the CBA. He used the College's official grievance report form. Ex. 8 to Def.'s Motion for Summary J. He sought a grant of tenure and a ruling that he could \"continue in his current position as Associate Professor of Communications/Theatre.\" Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) Mr. Heneghan's grievance was denied by Helene Whitaker, the College's Vice-President of Administrative Affairs, on the same day he filed it. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) The form itself contains a further section to be filled out as the grievant proceeds to step two of the process, appeal to the President or a designee. There is no record that Mr. Heneghan proceeded to the second step, or that he submitted the matter to arbitration under the third step. Mr. Heneghan testified that the decision not to proceed to the second step was made by the Union. Its decision was communicated to him by Mario Acerra, who told Mr. Heneghan in an email that the executive committee had done an investigation of his case and decided not to proceed. Heneghan Dep. Session 1, 168:15, 169:2-6. Mr. Heneghan stated that Mr. Acerra gave him the opportunity to call and ask questions, but that he did not do so and did not ask anyone else from the Union why it had not appealed the initial grievance denial. See id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) at 169:170:23. For her part, Ms. Whitaker explained that she, as a representative of the College, denied Mr. Heneghan's initial grievance because she believed that his situation fell under the proscribed procedures for a faculty member who is denied tenure. See Whitaker Dep. 30:4-21. She understood that grievance procedures applied to professors terminated from their employment with the College. See id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr \"The purpose of a motion for reconsideration is `to correct manifest errors of law or fact or to present newly discovered evidence.'\" Lazaridis v. Wehmer, 591 F.3d 666 (/opinion/1463386/lazaridis-v- wehmer/), 669 (3d Cir.2010) (quoting *365 Max's Seafood Cafe v. Quinteros, 176 F.3d 669 (/opinion/764062/maxs-seafood-cafe-by-lou-ann-inc-successor-to-maxs-seafood-cafe-inc/), 677 (3d Cir.1999 court should grant a motion for reconsideration \"if the party seeking reconsideration shows at least one of the following grounds: (1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court granted the motion ...; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.\" Max's Seafood Cafe, 176 F.3d at 677 (/opinion/764062/maxs-seafood-cafe-by-lou-ann-inc-successor-to-maxs-seafood-cafe-inc/) (quoting N. River Ins. Co. v Reinsurance Co., 52 F.3d 1194 (/opinion/694584/north-river-insurance- company-v-cigna-reinsurance-company-individually/), 1218 (3d Cir.1995 In its initial summary judgment opinion, this Court identified the proper standard for review of Mr. Heneghan's claim as the one set forth in Cleveland Board of Education v. Loudermill, 470 U.S. 532 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 84 L.Ed.2d 494 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/) (1985). Memorandum at 10-12. Loudermill establishes that, if a public employee has a legitimate interest in continued employment (and this Court found that Mr. Heneghan did), he is entitled to oral or written [1] 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 5/8 notice of the charges against him, an explanation of the evidence, and an opportunity to present his side of the story before his employment is terminated. Mr. Heneghan argued in his opposition to the College's motion for summary judgment that, as part of his procedural due process protections, he was instead entitled to a pre-deprivation formal hearing before a neutral hearing officer. Pl.'s Resp. to Def.'s Motion for Summ. J., 7 (\"[T]he only issue is whether there was an adequate pre-deprivation hearing. Here, there was not, since a hearing before a neutral hearing officer was required, and none was provided.\"). He cited one case, Schweiker v. McClure, 456 U.S. 188 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/), 72 L.Ed.2d 1 (/opinion/110694/schweiker-v-mcclure/) (1982), for this proposition. In the instant motion, Mr. Heneghan cites a new case and fundamentally alters his argument: he now insists, relying on McDaniels, that \"since the pre-deprivation process was not impartial ... the only way for Defendants to escape liability is if the Court is correct that Plaintiff had available a post-deprivation remedy in the union grievance process.\" Pl.'s Mem. in Support of Mot. For Reconsideration, 3 (emphasis added). In other words, where in his initial briefing Mr. Heneghan claimed that his pre-deprivation procedures were inadequate, he now claims his post-deprivation procedures were lacking. McDaniels involved the discharge of a tenured professor, Frank McDaniels, from the Delaware County Community College (\"DCCC\"). Following a trial in which the jury found against and awarded McDaniels substantial damages for violation of his procedural due process rights filed a motion for judgment as a matter of law in its favor. The District Court denied the motion and the Third Circuit reversed. After school officials initiated an investigation into charges that he had threatened and sexually harassed a student, McDaniels was afforded a pretermination hearing during which a school official explained the charges against him and allowed him to respond. Id. at 451-52. Subsequently, McDaniels was terminated from his position and told of his post-termination rights, which included having his action heard through a grievance procedure as provided under the terms of his union's collective bargaining agreement, or having a hearing before a committee of the College's board of trustees. Id. at 452. He appealed to the President of the College, but did not appeal the President's adverse decision to the board. Id. at 453. He did not pursue the matter in state court. Id. Rather, he began arbitration proceedings as provided under the collective bargaining agreement and then filed a federal action while they were pending. Id. *366 The Third Circuit re-affirmed that Loudermill provides the proper standard to assess the adequacy of pre-termination procedures afforded to a public employee. McDaniels, 59 F.3d at 456 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/). It then addressed McDaniels' argument that he should have been allowed to present evidence at trial that the pre- termination procedures he was afforded were \"a sham\" because the officials who conducted his initial interviews were not impartial. Id. at 458-59. The court ultimately rejected this argument. First, it observed that there is a key distinction between pre- and post-termination procedures in public employment cases: Although due process requires an impartial decisionmaker before final deprivation of a property interest, [Schweiker, 456 U.S. at 195 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/)], it is not clear that strict impartiality is required at each stage of the process. In situations as the one at hand, there are two stages, pretermination and posttermination, but normally the post-termination proceedings conclusively determine the employee's status. The pretermination hearing merely serves as `an initial check against mistaken decisions\u0000essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.' Id. at 459. The Court went on to observe that failure to provide an impartial decisionmaker in the pre-termination context does not in itself constitute a due process violation where the plaintiff has recourse to neutral, post-termination review. It stated: [A] discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post-deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker. Id. at 460. That leads to Mr. Heneghan's argument. He claims that since his predeprivation procedures were not impartial, \"the only way for Defendants to escape liability is if the Court is correct that Plaintiff had available a post-deprivation remedy in the union grievance process.\" Pl.'s Mem. in Support of Motion for Reconsideration, 3. He essentially argues that, since both Ms. Snyder and Ms. Whitaker were under the impression that Mr. Heneghan's appeal of the rescission of tenure was complete following his hearing before the Board of Trustees, he did not have an adequate post-deprivation remedy available through the Union grievance process. His argument fails. First, Mr. Heneghan bases his claim that the grievance process was unavailable to him on the fact that Ms. Whitaker and Ms. Snyder thought his appeal had ended with his hearing before the Board. With respect to Ms. Whitaker, her subjective belief about the procedures available to Mr. Heneghan does not have any effect on whether he could have pursued the grievance process. She was the person who denied his initial grievance; but had he proceeded to the next step, appeal to the President, she would have had no part in a denial at that stage. Neither could she have prevented him from pursuing arbitration through the Union. With respect to Ms. Snyder's representations to Mr. Heneghan, she made clear in her deposition that though her involvement in his case ended after his appeal before the Board of Trustees, he did in fact file a grievance with the assistance of other Union officials. Q: ... Would you agree with me that it would have been more beneficial to have considered him to have had *367 the right to grieve versus the right to appeal to the board? A: Well, in fact, he did grieve. There was a grievance that was filed on his behalf. Q: And what happened with the grievance? A: It did not proceed after the decision that the board of directors made and that was a decision that was made by the executive committee of the local. Q: Okay. Just so understand this, someone actually filed a grievance under the grievance provisions of the collective bargaining agreement? A: Yes. Q: Who did that assume then that that was the local's job to do. This was not something that did. Q: How do you know they actually did that think saw a copy of it. 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 6/8 Q: Okay. And that was the\u0000on a form that was provided for grievances? A: Yes. Q: It was eventually denied by an administrator? A: By Helene Whitaker. Q: Now, what it your understanding that the appeal procedure that you were involved in that resulted in the May board hearing was an appeal of the denial of that grievance of the appeal of something else believe that Article 4, Section was the appeal process that was required of Mr. Heneghan if he wanted to go before the board. Q: Okay. So did that have anything to do with the grievance that was denied by Helene Whitaker or do you think that was a separate process? A: It was\u0000to me it was a separate process. Q: What was your understanding about what could be done about Helene Whitaker's denial of that grievance? A: Well, if, in fact\u0000and would have to review their grievance procedure in the contract. If Helene's denial was first step, then\u0000or second step, then there would had to have been a third step if the local wanted to proceed with it. Snyder Dep. 24:17-26:12. Mr. Heneghan urges the Court to ignore both his admission on summary judgment that he was a member of the Union (Pl.'s Resp. to Def.'s Statement of Undisputed Material Facts, \u00b6 2) and his apparent belief that he was entitled to file a grievance, as evidenced by the fact that he did so. Mr. Heneghan was the person whose beliefs and actions mattered. To repeat McDaniels: \"a discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post-deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker.\" 59 F.3d at 460 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c- hess-jr/) (emphasis added). The Third Circuit has more recently stated: [N]o due process violation occurs as a result of an adverse employment action as long as the government provides the employee with notice and an adequate opportunity to be heard after the fact. McDaniels, 59 F.3d at 459-60 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c- hess-jr public employer may discharge its due process obligations by providing for facially adequate post-deprivation grievance procedures, even if the initial determination resulting in the deprivation was biased. Grievance procedures provided in collective *368 bargaining agreements may satisfy due process. Dykes v. Se. Penn. Transp. Auth., 68 F.3d 1564 (/opinion/706935/joseph-g-dykes-v-southeastern-pennsylvania-transportation-authority/), 1572 n. 6 (3d Cir.1995). Skrutski v. Marut, 288 Fed.Appx. 803, 808-809 (3d Cir.2008) (some internal citations omitted). Moreover, as pointed out by the College, there is no record evidence to support a claim that any College official took affirmative action to dissuade Mr. Heneghan from following the established grievance procedure. Ms. Whitaker denied his first grievance, and the clearly stated that a second and third step\u0000appeal to the President, and then arbitration\u0000followed the first. Mr. Heneghan admitted that it was the Union that elected not to proceed to the second step, and admitted that when Mr. Acerra communicated this decision to him, he told Mr. Heneghan to call him with any questions or concerns. Mr. Heneghan testified that he did not contact Mr. Acerra or anyone else from the Union. This Court stated on summary judgment that \"when Mr. Heneghan filed a grievance ... it was denied. However, Mr. Heneghan did not proceed to the following two steps of the grievance process, which were presumably available to him. He admits that the Union, which represented him, elected not to do so.\" Memorandum at 15. Mr. Heneghan has presented no evidence that this Court erred in finding that he could have, but did not, pursue the next two steps in the grievance process. Because there is no dispute that arbitration would have constituted a hearing before an impartial decision-maker, Mr. Heneghan has failed to show that his motion should be granted due to error of fact or law. Anticipating the College's argument that he could also have appealed his termination under Pennsylvania Local Agency Law, Mr. Heneghan claims that, to the extent McDaniels found that appeal under Local Agency Law was available, it was wrongly decided. Mr. Heneghan argues that Local Agency Law does not apply because \"the Pennsylvania Public Employee Relations Act (\"PERA\"), 43 P.S. \u00a7 [1101.101], et seq. [], provides that arbitration of disputes is the exclusive remedy available to a unionized public employee.\" Id. (emphasis in original). There is no basis upon which to believe McDaniels was wrongly decided. However, even accepting Mr. Heneghan's argument that the controls, his claim fails. In Dykes, the Third Circuit considered whether due process had been denied to a fired bus driver who availed himself of a three-step grievance procedure, following which his union did not carry the matter to arbitration. 68 F.3d at 1571 (/opinion/706935/joseph-g-dykes-v-southeastern-pennsylvania-transportation-authority/). The court recognized that under the PERA, \"federal labor law governs a challenge *369 to procedures followed in the termination of a public employee.\" Id. (/opinion/706935/joseph-g-dykes-v-southeastern-pennsylvania-transportation-authority/) (citing Crilly v. Se. Penn. Transp. Auth., 529 F.2d 1355 (3d Cir.1976)). However, it then ruled that the due process requirement of a post-deprivation hearing is satisfied whether the union proceeds to arbitration or not, since an employee dissatisfied with the way the grievance procedure was handled still has recourse in state court: If a public employee believes that the grievance process was defective, he may seek relief available under state law. Once an employee establishes that a `union has acted in bad faith towards its member[,] ... the Court of Common Pleas sitting in equity may order completion of the arbitration procedure.... Under this procedure a wrongfully discharged employee receives precisely the treatment all the employees in the unit are entitled to under the collective bargaining agreement.' Where a due process claim is raised against a public employer, and grievance and arbitration procedures are in place, we have held that those procedures satisfy due process requirements even if the hearing conducted by the Employer ... [was] inherently biased.' Id. (citing Martino v. Transp. Workers Union of Phila., Local 234, 505 Pa. 391 (/opinion/2049805/martino-v-transport-wrkersun-of-phil/), 409-410, 480 A.2d 242 (/opinion/2049805/martino-v-transport- wrkersun-of-phil/) (1984) and Jackson v. Temple Univ., 721 F.2d 931, 933 (3d Cir.1983)). Mr. Heneghan has failed to establish that grievance procedures were unavailable to him. Moreover, he had remedies to voice any dissatisfaction he had with the Union's handling of the process. The Third Circuit has recognized that if an employee believes a union has wrongly handled the grievance procedure, he can move to compel arbitration and thus pursue his rights under a CBA. This, too, was a state court option available to Mr. Heneghan. [2] [3] [4] 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 7/8 Mr. Heneghan received adequate predeprivation procedures under Loudermill because he was notified of the nature of the charges against him and given the opportunity to meet with school officials to explain his side of the story. Because adequate post-deprivation procedures were available to him, and he simply failed to take advantage of them, his case falls under the ruling in McDaniels. His motion for reconsideration will be denied. An appropriate order follows [1] Statements of fact by the defendant admitted by the plaintiff are cited herein. Statements of fact not admitted by the plaintiff are not cited, and the Court instead refers to evidence in the record, viewing that evidence in the light most favorable to the plaintiff. [2] Section 1983 imposes civil liability upon a person who, acting under color of state law, deprives another person of any rights, privileges or immunities secured by the Constitution or laws of the United States. 42 U.S.C. \u00a7 1983; Gruenke v. Seip, 225 F.3d 290 (/opinion/770263/joan-gruenke-individually-and-as-parent-and-natural-guardian-of-leah/), 298 (3d Cir.2000). \"To state a claim under \u00a7 1983, a plaintiff must show that the defendant, through conduct sanctioned under the color of state law, deprived her of a federal constitutional or statutory right.\" Gruenke, 225 F.3d at (/opinion/770263/joan- gruenke-individually-and-as-parent-and-natural-guardian-of-leah/)298 (citing Morse v. Lower Merion Sch. Dist., 132 F.3d 902 (/opinion/749872/jerome-p-morse-individually-and-as-of-the-estate-of-diane-m- morse/), 907 (3d Cir.1997)). The defendants do not dispute that is subject to liability under Section 1983 or that Section 1983 applies to violations of the Fourteenth Amendment. [3] The defendants state in their brief that \"plaintiff was not deprived of a liberty interest\" because his tenure appointment had not yet taken effect. Because Mr. Heneghan nowhere asserts deprivation of a liberty interest and instead asserts that he was deprived of a property interest will not consider whether there is a liberty interest at stake. [4] This case, Schweiker v. McClure, 456 U.S. 188 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/), 72 L.Ed.2d 1 (/opinion/110694/schweiker-v-mcclure/) (1982), addressed the procedural due process that must be afforded to individuals making claims under Part of the Medicare program. See id. at 189-90, 102 S.Ct. 1665 (/opinion/110694/schweiker-v- mcclure/). The government authorized the Secretary of Health and Human Services to contract with private insurance carriers to administer claims under Medicare Part B, and the Court ruled that due process demands impartiality on the part of those hearing officers who reviewed claim denials, because they were acting in \"judicial or quasi-judicial capacities.\" See id. at 195, 102 S.Ct. 1665. In concluding that Medicare beneficiaries were entitled to a hearing before a neutral officer, the Court considered the now-familiar factors articulated in Mathews v. Eldridge, 424 U.S. 319 (/opinion/109382/mathews-v-eldridge/), 335, 96 S.Ct. 893 (/opinion/109382/mathews-v-eldridge/), 47 L.Ed.2d 18 (/opinion/109382/mathews-v-eldridge/) (1976): \"the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.\" The Court accepted the District Court's conclusion that the private interest in Part reimbursement was \"considerable\" though \"not quite as precious as the right to receive welfare or social security benefits.\" Schweiker, 456 U.S. at 198 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/). The Supreme Court applied the Mathews factors in the context of public employment in Loudermill, and set forth the standard described in the body of this memorandum. See infra Section III(A). Mr. Heneghan fails to recognize that because the property interest at stake in Schweiker\u0000benefits under a government-run medical insurance program\u0000is distinct from the property interest at stake in public employment cases, the procedures required under the Fourteenth Amendment differ considerably in each case. Schweiker is simply inapplicable here. [5] The is construed in accordance with its federal counterparts, including Title VII. See Kelly v. Drexel Univ., 94 F.3d 102 (/opinion/725054/francis-j-kelly-v-drexel-university/), 104 (3d Cir.1996). [6] Under the PHRA, it is unlawful for any employee \"to aid [or] abet the doing of any act declared [under the PHRA] to be an unlawful discriminatory practice[.]\" 43 P.S. \u00a7 955(e). Dr. Bugaighis only faces aiding and abetting liability if there is evidence that the College's employment decision was motivated by gender discrimination. See Milby v. Greater Philadelphia Health Action, No. 06-4556, 2008 2278143, *5 (E.D.Pa. June 3, 2008) (concluding that because the court found that plaintiff had failed to adduce competent evidence of discrimination against her by the employer, her claims against the individual defendants were without merit). [7] See, e.g. Heneghan Dep. 2 at 14-17 (describing Beetem's concern that Mr. Heneghan's position on the college life committee created a conflict of interest where that committee allocated money for a play Heneghan directed); id. at 20:5-12 (admitting that he had no facts to support his suspicion that Beetem had shared her concerns with other colleagues in the department); 29:6-30:20 (describing Beetem's concern about two men in media services because she suspected them of using drugs, not simply because they were male). [8] See Heneghan Dep. 2 at 30:17-22. [9] The protected class element has been extended to reach cases of \"reverse discrimination,\" where a member of a majority group alleges that he or she was discriminated against in favor of a member of a minority group. Iadimarco v. Runyon, 190 F.3d 151 (/opinion/765994/charles-a-iadimarco-v-marvin-t-runyon-postmaster-general/), 158 (3d Cir.1999). Mr. Heneghan's claim of gender discrimination falls into this category. [1] See Memorandum at 1-6, Heneghan v. Northampton Community College, et al., 09-4979, 801 F.Supp.2d 347, 2011 2708446 (E.D.Pa. filed July 11, 2011) (\"Memorandum\"). [2] Pennsylvania Local Agency Law Section 752 provides that \"a[]ny person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals[.]\" 2 PA.C.S.A. \u00a7 752. That court may hold a de novo hearing \"[i]n the event a full and complete record of the proceedings before the local agency was not made.\" 2 PA.C.S.A. \u00a7 754. [3] McDaniels held that, because the parties stipulated that was a local agency subject to the provisions of Local Agency Law, it was clear that \"the state offered [McDaniels] sufficient process to protect his property rights.\" 59 F.3d at 461 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/). [4] In support of this assertion, Mr. Heneghan cites Borough of New Cumberland v. Police Emps. of the Borough of Cumberland, 51 Pa. Cmwlth. 435, 414 A.2d 761 (Pa.Cmwlth. 1980), which concerned Section 4(a) of Act 111, a Pennsylvania statute that applies solely to disputes between public employers and police or firemen. See 43 P.S. \u00a7 217.4(a). Therefore, it is no help in considering what effect, if any, the has on his claim. 2/27/25, 7:29 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 8/8", "7308_103.pdf": "From Casetext: Smarter Legal Research McDaniels v. Flick United States Court of Appeals, Third Circuit Jul 11, 1995 59 F.3d 446 (3d Cir. 1995) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Nos. 94-1838, 94-1935. Argued May 24, 1995. Decided July 11, 1995. *447 447 Arlin M. Adams, Ralph G. Wellington (argued), Nancy Winkelman, Schnader, Harrison, Segal Lewis, Philadelphia, PA, D. Barry Gibbons, Gibbons, Buckley, Smith, Palmer Proud, Media, PA, for appellant-appellee Delaware County Community College and the individual appellees. Richard A. Ash, Cletus P. Lyman (argued), Michael S. Fellner, Lyman Ash, Philadelphia, PA, for appellee-appellant Frank McDaniels. Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 1/31 GREENBERG, Circuit Judge. Appeal from the United States District Court for the Eastern District of Pennsylvania. Before: GREENBERG, ROTH, and ALDISERT, Circuit Judges. *448 448 This matter is before this court on appeal by Delaware County Community College from orders denying its motions for judgment as a matter of law and on a cross-appeal by Frank McDaniels from orders dismissing the trustees of the college as defendants and denying him a new trial on noneconomic damages. The case arose as a result of McDaniels' discharge as a tenured professor at the college. We describe the unusual procedural background of the case at length. On February 13, 1992, McDaniels filed this action in the district court under 42 U.S.C. \u00a7 1983 against the college's Board of Trustees, individually and in their official capacity, and against the college. He charged that the defendants, in terminating his employment by reason of certain serious charges of misconduct made against him by a student at the college, violated his procedural due process rights under the United States Constitution. The student later was identified as John Federici. 1 1 The college also appeals from the denial of pretrial motions for summary judgment. In response McDaniels contends that in view of the verdict at the trial we cannot entertain the appeal from the denial of these motions. We do not address this point, however, for our conclusion that the college was entitled to judgment as a matter of law renders it moot. In March 1992, the college filed a motion for summary judgment, which the district court denied without opinion. The college then unsuccessfully moved for reconsideration. In denying that motion, the district court 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 2/31 explained that there was an issue of material fact as to whether McDaniels received notice of the charges or the purpose of the pretermination meeting before the meeting and whether he was informed of the specific accusations during the meeting. After discovery, both sides moved for summary judgment. The court granted partial summary judgment on liability to McDaniels and thus denied the college's motion. On January 27, 1994, it started a jury trial on damages but, after hearing McDaniels' testimony, the court determined that there was a genuine issue of fact as to whether there had been a procedural due process violation. In a subsequent memorandum opinion explaining its reasoning, the court noted that actions taken after the pretermination meeting might show that McDaniels was aware of the specific charges and that he had an opportunity to respond to them. Consequently, the court concluded that it had granted McDaniels partial summary judgment improvidently. The court therefore offered McDaniels a choice between proceeding with the trial and proving liability as well as damages, or having the court declare a mistrial. McDaniels elected to have the court declare a mistrial. In a subsequent written opinion explaining why it had reached the foregoing conclusions, the court included a footnote stating that the trustees had been dismissed as defendants *449 \" sua sponte and without objection\" because they had nothing to do with the pretermination events leading up to McDaniels' discharge. 449 The court divided the second trial into three separate sub-trials, which we shall call phases, with the first phase focusing on liability. At the close of McDaniels's case on this phase, which was also the close of all of the evidence as the college did not call any witnesses, both McDaniels and the college unsuccessfully moved for judgment as a matter of law under Fed.R.Civ.P. 50(a). Then in response to specific questions, the jury returned a verdict that: (1) the college adequately notified McDaniels that the November 27, 1991 meeting was a pretermination hearing on Federici's sexual harassment charges; (2) the college informed McDaniels of the substance of the case against him during that meeting; but (3) McDaniels was not given a meaningful opportunity to respond and tell his side of the story. App. 1214-15. In view of the third finding, the college could be liable. In the second phase the jury determined that if McDaniels had been given an 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 3/31 adequate opportunity to respond, the college would not have terminated his employment, presuming that it would have acted fairly and reasonably. App. 2171. Based on this verdict, the court entered an order reinstating McDaniels on the faculty and awarding him $134,081 in lost wages. Finally, in the third phase the jury found that McDaniels was not entitled to damages for non- economic harm. The court, nevertheless, awarded him one dollar on that claim for nominal damages. App. 2333. The college then moved for judgment as a matter of law under Fed.R.Civ.P. 50(b). McDaniels filed a \"conditional\" post-trial motion for a new trial on the issue of damages. In opposing the college's motion, McDaniels contended that it was estopped from moving for judgment as a matter of law because the college's attorney in his closing argument at the third phase led the jury to believe that the college agreed to \"make peace\" with McDaniels and make him whole. The court, though not estopping the college, denied the post-trial motions on August 22, 1994. The college then filed a notice of appeal, and McDaniels filed a notice of cross-appeal. Thereafter, McDaniels moved in this court to dismiss the appeal and cross- appeal on the basis of the statements the college's attorney made during closing argument at the third phase. Essentially he contends, as he did in the district court, that the statements estop the college from seeking post-trial remedies. After he filed that motion in this court, the district court issued a memorandum opinion explaining the reason for its disposition of the post- trial motions, including why it had rejected McDaniels' judicial estoppel argument. We now deny the motion to dismiss the appeal and cross-appeal as we agree with the district court that the college's attorney's comments should not estop it from pursuing post-trial remedies. On appeal, the college argues that the district court should have granted its motions for judgment as a matter of law. McDaniels cross-appeals from the district court's dismissal of his case against the individual defendants and from the denial of his post-trial motion for a new trial on non-economic damages. We will reverse on the college's appeal from the denial of its post- trial motion for judgment, will affirm on McDaniels' cross-appeal challenging the dismissal of the trustees, and will not reach McDaniels' argument seeking a new trial on non-economic damages. 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 4/31 We set forth the facts, many of which are not in dispute, viewing them in a light most favorable to McDaniels. McDaniels was a tenured professor at the college which is a public institution in Delaware County, Pennsylvania. In 1990, the college received complaints from two male students that McDaniels sexually harassed them. App. 1075-80. After investigating the reports, the college sent McDaniels a letter informing him that he had violated the school's sexual harassment policy. App. 1029-30. The letter warned McDaniels that \"reoccurrence of *450 such incidents will result in serious disciplinary action including termination of employment.\" App. 1030. McDaniels responded to these charges in writing and signed the college's letter to acknowledge that he had reviewed its contents. App. 1030- 31, 1075-80. 2 450 2 We are generous to McDaniels in so viewing the facts because the college was the verdict winner at the first phase except on the third issue. In the summer of 1991, McDaniels taught a marketing class at the college. John Federici, who was one of the students in the class, had trouble with the course work and sought help from McDaniels. Due to various problems, including a final term paper that Federici handed in late, McDaniels gave him a \"D\" for the course. App. 938. Federici needed at least a \"G\" in the course to transfer the credit for it toward a nearly completed degree from Pennsylvania State University. App. 746. According to McDaniels, Federici became irate and threatened to get him. App. 1017. McDaniels reported the incident to Assistant Dean Henry Jackson, McDaniels' supervisor at the time. App. 1017. 3 3 McDaniels first gave Federici a grade of \"Incomplete.\" App. 935. Federici also approached Jackson and complained that he disagreed with McDaniels' grading of his term paper. App. 934-36. Jackson contacted McDaniels after learning that Federici already had confronted McDaniels about the grade. App. 936-38. McDaniels told him that the term paper was not well done. App. 938. Jackson did not read the term paper. App. 947-49. Jackson then told McDaniels that Federici apparently misunderstood and that Jackson would contact him and explain the situation to him. App. 938- 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 5/31 39. Jackson then called Federici, but when he could not make Federici understand McDaniels' position, he told Federici to contact McDaniels directly. App. 939. Federici refused, saying something to the effect of can't do that.\" App. 939. When Jackson pressed him, Federici said that he needed to talk to Jackson about another matter. App. 939-40. Federici told him that McDaniels \"always wanted to counsel [him]\" and \"always wanted to see [him.]\" App. 940. Federici also told him that McDaniels talked to him about \"tough love.\" App. 940-41. Jackson then asked if he was talking about sexual harassment. App. 941. Federici said he was and Jackson told him to discuss the matter with James Bryan, the college's Director of Personnel Services. App. 941. On November 18, 1991, Federici met with Bryan. App. 736, 739. Federici told Bryan that he needed credits to transfer to Pennsylvania State University for his degree; he had problems with McDaniels' class; he was seeing a counselor regarding anxiety and stress problems; and he had been involved in various incidents with McDaniels. App. 736-47. Bryan took notes of the conversation. App. 739. Bryan asked Federici to make a written statement regarding these allegations. App. 754. When Federici said that he would need help doing so, Bryan offered to compile his notes into a written statement for Federici to sign. App. 754. After their talk, Bryan composed a summary from his notes which Federici later reviewed and signed. App. 760-61. The summary, in relevant part, reads as follow: While in the library studying [John Federici] fell asleep awoke to see [Frank McDaniels] who was massaging John's neck. John was taken by surprise felt very strange that this would have happened. After that incident, [McDaniels] came into the library more more as if he was looking for John. John was in the library on another occasion with his friend Tom [McDaniels] came in to talk to them. [McDaniels] seemed to keep looking at the `lower half' of John's body while he spoke. [McDaniels] did not make eye contact with John but continued to stare at his lower body.4 4 Bryan testified that Federici also told him that after McDaniels left, Federici asked Tom if he noticed the way McDaniels was staring at him, to which 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 6/31 Tom responded negatively and laughed. App. 781. John made an appointment to speak [with McDaniels] in [McDaniels'] office about the added class work to improve his grade. [McDaniels] repeatedly said he wanted to help John counsel him. [McDaniels] asked if John had heard of tough love John said no. With this, [McDaniels] proceed (sic) to say that he would help him `If need to will hug *451 you, beat the crap out of you or put my penis in your mouth.' [McDaniels] reached over put both of his hands on John's face seemed to be about to cry said really want to help you.' John backed away and was stunned to hear this. 451 Summer ended John got an `Incomplete' for his marketing course. He reluctantly called [McDaniels] at [the college] to attempt to get the assignments necessary to get a grade for the course. [McDaniels] returned his call made some `sexual innuendo' remarks. [McDaniels] made an appointment to see John on campus. John was reluctant but needed to get an assignment to remove the `Incomplete.' At the appointment [McDaniels] discussed make-up work repeating the final exam but then went into another description of the tough love thing with another explicit reference to sexual matters. [McDaniels] said to come back to his office later if he wanted to have help on matters external to class activities but if he did not return, [McDaniels] would know John didn't want help in these personal matters. [McDaniels] also said John should not discuss this with anyone since he could loose (sic) his job. [McDaniels] said he would `get him' if he mentioned their conversations to anyone. [McDaniels] left the clear impression that the two of them could go somewhere off-campus `in private' to work out these personal problems (sexual overtones were clear). App. 258-61 (testified to at app. 763). After his meeting with Federici, Bryan verified that Federici was a student in McDaniels' marketing course. He then alerted several officials at the college about the matter. App. 768-71. In particular Bryan discussed the situation 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 7/31 with Dean Thomas McNicholas and asked Dr. Lois Ann Craig to determine whether Federici had any record of unusual behavior. App. 771-72. On November 27, 1991, Bryan contacted McDaniels and told him to meet him in Bryan's office at 2:30 p.m. that afternoon and to bring along his grade book. App. 787-88. Prior to the meeting, McDaniels met Bryan and inquired about the reason for it. App. 788-90. Bryan told him only that it was about a \"student problem\" and he gave him no other information about the meeting. App. 788-90; 983. The meeting was held as scheduled with McNicholas, Bryan, and McDaniels present. At the start of the meeting, Bryan told McDaniels that a student had lodged a sexual harassment complaint against him and that he and McNicholas would recommend McDaniels' termination. App. 791, 982-83. McDaniels testified that upon hearing Bryan's opening statement, he was \"shocked, dismayed, . . . thrown offguard.\" App. 983. Bryan testified that he then told McDaniels \"that the purpose of the meeting was to understand what the charge was, to have an opportunity for me to relay to him what the charges were specifically and for him to have a chance to respond.\" App. 791. McNicholas, the only other person at this meeting, confirmed this statement. App. 915-16. McDaniels testified that he \"did not comprehend\" that Bryan said explicitly that it was to be a \"pretermination hearing.\" App. 1072. McDaniels explained, \"Well, if they did say it, they said it in the same sentence whereby they said they were recommending my termination to the board of trustees. If they did say it, they had blown my mind so bad at that point, they had disorganized me \u2014 disoriented me so much that didn't remember them saying it, if they did say it.\" App. 1073. Bryan and McNicholas also testified that Bryan told McDaniels that he could adjourn the meeting at any time. App. 862, 916 few minutes into the meeting, Bryan informed McDaniels that Federici filed the complaint. App. 792-93, 851, 913-14, 1014. McDaniels became very upset upon learning this and left the room. App. 851, 914, 1014-18. After trying to collect himself, he returned and \"was a little bit better,\" but was \"still in a total state of shock\" and \"[didn't] even know what [he] said.\" App. 1018. McDaniels told them that Federici had threatened earlier to \"get\" him. App. 794, 853. McDaniels told Bryan and McNicholas that Federici had 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 8/31 emotional problems, Federici's parents were aware of this, and McDaniels had made Dean Jackson aware of this as well. App. 794-95, 859-60, 918. *452 Bryan and McNicholas recalled McDaniels as having said that he knew Federici's parents and had talked to them. App. 794, 859. McDaniels testified, however, that \"If did say that was in panic,\" and that he did not know them, and meant to say that they must have known that Federici had emotional problems. App. 1025-26. Bryan and McNicholas agreed to talk to Jackson and Federici's mother. App. 865. Bryan and McNicholas also testified that McDaniels asked them if he could save his job if he agreed to seek counselling. App. 858. 452 During the pretermination hearing, Bryan discussed Federici's allegations but he did not read or show the written summary to McDaniels. App. 802, 1018. It is unclear whether Bryan described Federici's allegations in a direct manner. However, Bryan asked McDaniels several questions relating to them. App. 1019-21. Bryan asked whether McDaniels touched Federici's neck or face in the library. App. 1019. McDaniels responded that he had not, but might have, and recalled an incident in which Federici was sitting when he walked into the library and saw him. App. 917, 1019-20. Bryan asked whether McDaniels had stared at the lower part of Federici's body in the library, in the presence of another student. App. 1020. McDaniels denied this. App. 1020. Bryan also asked whether McDaniels had talked to Federici about \"tough love.\" App. 854, 915, 1020. McDaniels said that Federici initiated that topic. App. 1020. Bryan testified that he also asked McDaniels about the sexually explicit remark quoted by Federici and about the alleged warning by McDaniels for Federici to keep quiet about their conversations. App. 854, 856. McDaniels, however, denied that Bryan ever mentioned these two points. Bryan also brought to McDaniels' attention his previous reprimand for sexual harassment, showing him the warning letter. App. 856, 1029. McDaniels told Bryan and McNicholas that the sexual harassment allegations regarding Federici were not true. Bryan and McNicholas testified that Bryan told McDaniels that he should contact Bryan if he thought of any other matters, and that he had available various options to deal with these charges under his collective bargaining agreement with the college, the college's sexual harassment policy, and the 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 9/31 Pennsylvania Local Agency Law, including an appeal to the president of the college. App. 861-63, 915. McDaniels did not recall any of this. App. 1091. As agreed, Bryan contacted Federici's parents. In particular Bryan had a telephone conversation with Federici's mother, who told him that she did not remember talking to McDaniels. App. 797. McNicholas met with Jackson and asked whether McDaniels had told him that Federici was \"off the wall\" or \"crazy\" and Jackson answered \"no.\" App. 920. Subsequently, Bryan sent McDaniels a letter, dated December 4, 1991, informing him that Bryan had investigated the matter and would recommend that the Board of Trustees terminate McDaniels' employment for sexual harassment. App. 804. The letter also advised McDaniels of his post-termination rights: As mentioned during the pre-termination meeting last Wednesday, you may want to have the [Board of Trustees'] action heard through the grievance procedure as provided under the terms of the collective bargaining agreement or you may elect to have a hearing before a committee of the Board of Trustees. App. 246 (testified to at app. 803-04). Bryan sent McDaniels another letter, dated December 9, 1991, which said briefly: Consistent with procedures in Regulation 63.03, page 12 of the College Policy Manual am writing to inform you that you may exercise your right to request a further review and investigation by the President of the College or his designee on the matter of the sexual harassment complaint lodged against you. You have five (5) days to file this request. Please phone me should you have any questions on this matter. App. 248 (testified to at app. 804, 1045). McDaniels wrote to the college's president, Richard D. DeCosmo, on December 12, 1991, to request that DeCosmo investigate the sexual harassment charges. App. 1051. *453 McDaniels indicated in the letter that he had \"formally filed a grievance with the intent of going all the way through 453 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 10/31 the grievance procedure (arbitration) beyond to civil action to avoid termination.\" App. 165, 2352-53 (testified to at 1052-53). McDaniels testified, however, that at the time of the letter, he had not begun the grievance procedure but was only \"looking into\" it. App. 1093-94. McDaniels also wrote: Enclosed is a chronologized transcript of my total contact with this student emplor (sic) you to thoroughly investigate his alligations (sic) personally overturn the termination decision would be most happy to visit you go over cronology (sic) of contact with John Federici from first meeting to last confrontation spanning May 23, 1991 to October 22, 1991. Every single meeting was for class business only. After receiving this letter, DeCosmo reviewed the documents relating to this matter, and met with Bryan, McNicholas, and Jackson to review their investigations and findings. App. 1126. On December 18, 1991, DeCosmo wrote the following to McDaniels am satisfied that there has been a thorough review of the matter in question do not believe further review is necessary. The recommendation to terminate your employment for violation of the College's sexual harassment policy will be presented to the Board of Trustees at their meeting on December 18. App. 250 (testified to at app. 1102). At the Board of Trustees' meeting on December 18, 1991, the Board voted unanimously to terminate McDaniels' employment. McDaniels did not appeal to or ask for a hearing by the Board of Trustees. Nor has he pursued the matter in state court. Instead, he began arbitration procedures as provided for by the collective bargaining agreement. Before the parties completed selection of the arbitrators, however, McDaniels filed this action. Consequently, the arbitration proceedings have been stayed pending its disposition 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 11/31 The district court had jurisdiction over this civil rights action pursuant to 28 U.S.C. \u00a7 1331 (federal question) and 28 U.S.C. \u00a7 1343 (civil rights). We have jurisdiction under 28 U.S.C. \u00a7 1291 over the final orders entered by the district court A. Judgment as a Matter of Law The college made a motion for judgment as a matter of law based on Fed.R.Civ.P. 50(a) at the close of McDaniels' case in the first phase, which was also at the close of all the evidence, and a motion for judgment as a matter of law under Fed.R.Civ.P. 50(b) after completion of all three phases. The district court denied both motions, and the college appeals from both denials. We exercise plenary review over the district court's denial of the college's motions for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(a) and 50(b). Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1166 (3d Cir. 1993), sets forth the standard we follow when considering a defendant's motion for judgment as a matter of law: Such a motion should be granted only if, viewing the evidence in the light most favorable to the nonmovant and giving it the advantage of every fair and reasonable inference, there is insufficient evidence from which a jury reasonably could find liability. In determining whether the evidence is sufficient to sustain liability, the court may not weigh the evidence, determine the credibility of witnesses, or substitute its version of the facts for the jury's version. Id. (citations omitted review of the record leads us to conclude that the jury verdict to the extent unfavorable to the college at the first phase is not supported by legally sufficient evidence and that the college should have been granted a judgment as a matter of law. The parties agree that the starting point of the resolution of this procedural due process dispute is Cleveland Bd. of Educ. v. *454 Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). In Loudermill, two discharged school 454 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 12/31 district employees sued their former employers for deprivation of liberty and property interests without due process in the pretermination procedures. The Supreme Court held that the district court erred in dismissing the complaints. The Court first confirmed that under applicable Ohio law, the plaintiffs had property rights in continued employment. Id. at 538-39, 105 S.Ct. at 1491. Then, in determining \"what process is due,\" Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972), the Loudermill Court began with the long-standing precept that \"[a]n essential principle of due process is that a deprivation of life, liberty, or property `be preceded by notice and opportunity for hearing appropriate to the nature of the case.'\" Loudermill, 470 U.S. at 542, 105 S.Ct. at 1493 (citing Mullane v. Central Hanover Bank Trust Co., 339 U.S. 306, 313, 70 S.Ct. 652, 656- 57, 94 L.Ed. 865 (1950)). The Court reiterated the settled rule that due process \"requires `some kind of a hearing' prior to the discharge of an employee who has a constitutionally protected property interest in his employment.\" Id. (citing Board of Regents of State Colleges v. Roth, 408 U.S. 564, 569-70, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548 (1972); Perry v. Sindermann, 408 U.S. 593, 599, 92 S.Ct. 2694, 2698, 33 L.Ed.2d 570 (1972)). The Court noted that one essential component of due process, was a pretermination opportunity to respond. Id. Having said that, the Court went on to point out that \"the pretermination `hearing,' though necessary, need not be elaborate.\" Id. at 545, 105 S.Ct. at 1495. Rather, \"`[t]he formality and procedural requisites for the hearing can vary, depending upon the importance of the interests involved and the nature of the subsequent proceedings.'\" Id. (quoting Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 786, 28 L.Ed.2d 113 (1971)). Thus, after balancing the interests of public employees and employers, the Court held that \"[t]he tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\" Id. at 546, 105 S.Ct. at 1495. The Court concluded that \"all the process that is due is provided by a pretermination opportunity to respond, coupled with post-termination administrative procedures as provided by the Ohio statutes.\" Id. at 647-48, 105 S.Ct. at 1496. 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 13/31 The parties agree that under Loudermill McDaniels had a constitutionally protectible property interest in continued employment as a tenured professor at the college. Loudermill therefore provides the guidelines for \"what process is due.\" Morrissey v. Brewer, 408 U.S. at 481, 92 S.Ct. at 2600. The question then is whether the college satisfied its obligations under these guidelines. After the closing of the first phase of the trial, the district court charged the jury in relevant part: Being a tenured professor at a community college he was a public employee with a property interest in his job. The law is that such an employee is entitled to the notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story. And this entire process is known as a pre-termination hearing. The notice may be written or oral, that is spoken. It need not be advance notice, that is a pre-hearing notification. In other words, the notice of the charges may be given at the hearing itself. The hearing can be informal. . . . It is not required to be a full hearing before the final decision maker. . . . . . The employee need not be informed as to all of the evidence, but at least the substance of it. He must be given the opportunity to respond to the charges, and for that opportunity to be meaningful he must know the substance of the case that the employer has against him. This enables the employee to make any plausible arrangements that might prevent the termination. . . . In deciding whether Mr. McDaniels was given the opportunity to respond, you may consider what you decide occurred at the meeting on November 27, 1991, and also what occurred thereafter, prior to his termination *455 on December 18th. If you decide that under all the circumstances that Mr. McDaniels was substantially unable to respond, either at the meeting or before December 18, and that his 455 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 14/31 inability to do so was caused by the conduct of the college's representatives, then it could not be said that he had the opportunity to respond to the charges. App. 1200-03. The jury found that the college, through Bryan, did notify McDaniels \"that the meeting on November 27, 1991 was a pre-termination hearing based on the sexual harassment charges of John Federici;\" at that meeting Bryan did inform McDaniels as to the substance of the case against him; but McDaniels was not given a meaningful opportunity to respond and tell his side of the story. App. 1214-15. On appeal, the college does not quarrel with the foregoing charge. But McDaniels appears to argue that, as a tenured professor who had been teaching at the college for 20 years, he deserved more protection than those set forth in Loudermill. We disagree. The Loudermill Court balanced the competing interests of the employer and the employee in deriving the pretermination requirements. In determining whether the Loudermill standard should apply here, we must consider the interests of McDaniels versus those of the college and the students. It is true that McDaniels has a property interest in his continued employment and perhaps a liberty interest in clearing his reputation of sexual harassment charges. But McDaniels appears to argue that because he is a professor and has been at the college for 20 years, his property interest in continued employment is constitutionally greater than those held by the employees in Loudermill. Yet he has not offered any basis on which we could or should distinguish reasonably between the interest of a tenured employee who has worked 20 years and the interest of one who has worked only one year for the same employer and we can conceive of no principled way to distinguish between the two. Arguably, the interest in continued employment may be greater for younger employees who have started only recently because they have potentially more years of employment ahead. McDaniels claims that \"[u]nlike ordinary public employees, the rights of professors to teach, free from arbitrary discharge by administrators, implicates the societal value of academic freedom. Tenure is the pillar upon which academic freedom rests.\" Br. at 34. Although this assertion may be 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 15/31 true, it is not material in this case. Inasmuch as the college did not discharge McDaniels in retaliation for his exercise of First Amendment rights, this case does not implicate free speech issues. Indeed, in his complaint McDaniels does not refer to the First Amendment. Rather, we are concerned with the minimum process due under the Constitution to protect property rights in public employment. McDaniels also cites Skehan v. Board of Trustees of Bloomsburg State College, 669 F.2d 142, 152 (3d Cir.), cert. denied, 459 U.S. 1048, 103 S.Ct. 468, 74 L.Ed.2d 617 (1982), for the proposition that college professors deserve more process than the run-of-the-mill, Loudermill-type employee. In Skehan, we adhered to our earlier decision in Chung v. Park, 514 F.2d 382 (3d Cir.), cert. denied, 423 U.S. 948, 96 S.Ct. 364, 46 L.Ed.2d 282 (1975), where we stated that pretermination safeguards due to tenured professors may include: (1) written notice of the grounds for termination; (2) disclosure of the evidence supporting termination; (3) the right to confront and cross-examine adverse witnesses; (4) an opportunity to be heard in person and to present witnesses and documentary evidence; (5) a neutral and detached hearing body; and (6) a written statement by the fact finders as to the evidence relied upon. Chung, 514 F.2d at 386 (emphasis added). Nevertheless, neither Skehan nor Chung announced that due process required all six of these steps in cases involving tenured professors. In both cases, we did not reach that issue because the colleges provided all six. And neither case based the listed due process safeguards on the distinguishing fact that the employees were professors and therefore were entitled to extra protection in the name of academic freedom. In any *456 event, both cases were decided before Loudermill. Inasmuch as Loudermill sets the minimum due process pretermination requirements where state procedure also provides, as it does here, substantial post-termination safeguards, Loudermill defines the minimum due process requirements for this case. We further note that in Skehan we did not even consider the post-termination remedies, if any, as later required by Loudermill. And in Chung, although certain post- termination remedies were available, see 514 F.2d at 385 n. 3., we did not consider them in reaching our result. In fact, we held that some of the six 456 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 16/31 enumerated steps may be provided after termination, and decided that the professor was not entitled to a hearing prior to termination. Id. at 387. In considering the interests of the college, we note that it, as much as a professor, has a great interest in preserving its reputation. Moreover, the college had adopted a policy of protecting its students from the types of behavior charged against McDaniels. We also need to consider the interests of the alleged victim of the sexual harassment. If the charges are well founded, the complainant should be protected against possible retaliation and threats. In sum, we conclude that only the Loudermill pretermination requirements were required here. We therefore find that the trial court's instructions that due process required the college to provide McDaniels with notice and explanation of the charges and an opportunity to respond were correct. See, e.g., Bradley v. Pittsburgh Bd. of Educ., 913 F.2d 1064, 1077-78 (3d Cir. 1990) (suspension without pay also requires prior notice and hearing); Copeland v. Philadelphia Police Dep't, 840 F.2d 1139, 1144-46 (3d Cir. 1988) (suspension complied with due process where interview was held which notified employee of charges, allowed him to explain, and notified him of suspension), cert. denied, 490 U.S. 1004, 109 S.Ct. 1636, 104 L.Ed.2d 153 (1989); Gniotek v. City of Philadelphia, 808 F.2d 241, 244 (3d Cir. 1986) (no advance notice of the pretermination hearing is required; \"Notice is sufficient, (1) if it apprises the vulnerable party of the nature of the charges and general evidence against him, and (2) if it is timely under the particular circumstances of the case.\"), cert. denied, 481 U.S. 1050, 107 S.Ct. 2183, 95 L.Ed.2d 839 (1987). The college argues that McDaniels was given notice of the hearing and the charges against him, an adequate explanation of its evidence, and an adequate opportunity to present his side of the story. The college points out that McDaniels had various post-termination remedies, including a hearing before the Board of Trustees, arbitration, and an appeal to the state court. Finally, the college argues that the verdict should be overturned because the jury's finding that McDaniels did not have a meaningful opportunity to respond cannot be squared with evidence indisputably showing that McDaniels in fact did respond to the charges. 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 17/31 We agree with the college that, in light of the undisputed evidence regarding the timing of the relevant events, the jury's conclusion that he was not given a meaningful opportunity to respond and to tell his side of the case cannot stand. McDaniels received adequate notice of the nature of the November 27, 1991 meeting, and an explanation of the substance of the case against him. Given this background, the time between his November 27 meeting with Bryan and McNicholas and the December 18 Board meeting was adequate as a matter of law for him to make an appropriate pretermination response. Indeed, not only did Bryan and McNicholas ask for and receive McDaniels' responses during the November 27 meeting, but the correspondence shows that he was encouraged to respond further and did so. In fact, Bryan's December 9, 1991 letter informed McDaniels that he could request a review prior to termination by the president of the college. DeCosmo's actions in reading and answering McDaniels' letter showed that the college did not refuse him an opportunity to respond. Finally, the facts that McDaniels did respond to the charges during the pretermination meeting by essentially denying them and attributing the charges to Federici's emotional problems, and by writing to DeCosmo after *457 the meeting, conclusively established that, contrary to the verdict, the college gave him a meaningful opportunity to respond and to tell his side of the story before termination. Thus, if the jury's findings as to the first two questions are upheld, its third finding cannot stand. 5 457 5 Of course, the fact that they did not accept his responses is irrelevant for purposes of determining whether his procedural due process rights were offended. In response to the college's arguments, McDaniels maintains that he did not receive timely and adequate notice, an adequate explanation of the specific allegations, or a meaningful opportunity to respond, though he does not ask that the verdicts adverse to him on the first two issues be set aside. McDaniels contends that the notice given him was insufficient because it was not provided until the beginning of the pretermination meeting. We have held, however, that \"advance notice is not required.\" Gniotek, 808 F.2d at 244. In Copeland v. Philadelphia Police Dep't, 840 F.2d 1139, 1142-46, we held that procedural due process was met where a policeman was told that he had tested positive for illegal drug use, was allowed to respond, and was told that 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 18/31 he would be suspended with intent to dismiss, all in the course of a single interview. Second, McDaniels contends that he did not receive adequate notice and explanation of the charges against him because he was not told or given the exact allegations made by Federici. In this regard, it is not disputed that the written summary of Federici's allegations was not given or read to McDaniels before his termination. We have held, however, that pretermination notice of the charges and evidence against an employee need not be in great detail as long as it allows the employee \"the opportunity to determine what facts, if any, within his knowledge might be presented in mitigation of or in denial of the charges.\" Gniotek, 808 F.2d at 244; see also Derstein v. Kansas, 915 F.2d 1410, 1413 (10th Cir. 1990) (fact that employee did not know of all relevant facts and was not given copy of investigation transcript is insignificant), cert. denied, 499 U.S. 937, 111 S.Ct. 1391, 113 L.Ed.2d 447 (1991). Nor is it disputed that Bryan asked McDaniels specific questions about Federici's allegations and that McDaniels replied to the questions. The only dispute, then, is whether this session put McDaniels on sufficient notice of the charges against him so he could respond meaningfully and on this point the verdict is unassailable. Thus, given that, for the reasons we already have stated, McDaniels received adequate notice and a sufficient explanation of the charges against him, it must be concluded that he also was given an adequate opportunity to respond. McDaniels places great emphasis on his state of mind during the pretermination meeting. In essence, he argues that by not giving him prior notice of the reason for the meeting, he was placed into a state of shock and was unable to respond when Bryan told him he was being charged with sexual harassment and might be terminated. Though we do not decide the point, this contention might have been reasonable if he had been dismissed at the end of meeting, which only lasted about an hour. See, e.g., Adams v. Sewell, 946 F.2d 757 (11th Cir. 1991). But that was not the case here. Several weeks elapsed between the pretermination meeting and the Board of Trustees' meeting at which he was terminated. Bryan informed him that he could appeal to DeCosmo, which he did. We need not determine today what amount of time for \"cooling off,\" if any, must be allowed for an employee to respond to charges because the facts show that McDaniels had ample time 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 19/31 to collect himself. Indeed, the record demonstrates that he consulted an attorney and sent a written response to DeCosmo before the December 18 meeting. 6 7 6 We are not holding that any delay beyond the pretermination hearing is required for a response. Thus, this case does not cast doubt on the general practice reflected in the cases of terminating an employee at the pretermination hearing. Our opinion simply reflects what happened here. 7 McDaniels testified that he talked to his union's attorney after the pretermination meeting. App. 1095. In addition, his letter to Cosmo indicated that he was withholding copies of the letter from Federici \"on advice of attorney.\" App. 2253. Derstein v. Kansas, 915 F.2d 1410, supports our conclusion that the elapse of time between the November 27 and the December 18 meetings requires that judgment as a *458 matter of law be entered in favor of the college. Indeed, Derstein is remarkably similar to this case on the facts. In that case the public employer received information that a tenured employee was sexually harassing other employees. As a result, he was directed to appear at a meeting with persons responsible for his employment. He was not informed of the purpose of the meeting before it started but at the meeting he was advised of the sexual harassment charges and given ten days to resign or be terminated. He also was told he could appeal. At the end of the ten days the employee was given a termination letter which described the appeal rights and which advised him of the charges against him. He appealed but the appeal board dismissed his appeal as frivolous. Following a bench trial, the district court found that the employee's pretermination rights had been violated and thus it entered judgment for him. 458 The court of appeals reversed. Of particular interest here, it emphasized that the employee \"was not terminated at the meeting but given ten days to respond\" and \"[h]e was given ten days before termination.\" Id. at 1413. McDaniels had even more time to respond than the employee in Derstein and he did respond after the November 27 meeting. Finally, McDaniels argues that the district court should have granted him judgment as a matter of law because the college's termination procedure 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 20/31 violated Pennsylvania Local Agency Law. This argument flies in the face of both logic and law. His complaint charged that the college violated McDaniels federal constitutional rights to procedural due process. The question of whether an employee has a property right in continued employment is a question of state law. Board of Regents of State Colleges v. Roth, 408 U.S. at 577, 92 S.Ct. at 2709. But the determination of \"`what process is due' . . . is not to be found in [state statutes].\" Loudermill, 470 U.S. at 541, 105 S.Ct. at 1493 (citation omitted). Rather, it is a question of federal constitutional law. See Vitek v. Jones, 445 U.S. 480, 491, 100 S.Ct. 1254, 1263, 63 L.Ed.2d 552 (1980) (minimum requirements of procedural due process are \"a matter of federal law\" and \"are not diminished by the fact that the State may have specified its own procedures that it may deem adequate\"). Purported violations of state law are not germane here. In reaching our result we take note of Judge Aldisert's contentions in his dissent that the college denied McDaniels procedural due process of law. He predicates this contention on his conclusions that the notice of the pretermination hearing was constitutionally inadequate and that McDaniels did not have an opportunity to prepare a meaningful defense to the charges. Judge Aldisert relies principally on Morton v. Beyer, 822 F.2d 364 (3d Cir. 1987), in reaching his conclusions. Our opinion to this point adequately responds to Judge Aldisert's contentions except that we have not mentioned Morton v. Beyer which we thus now address. In Morton v. Beyer at the pretermination hearing the employee was suspended without pay. 822 F.2d at 366. Thus, the proceedings at the hearing were critical because unless the employee's response then and there convinced the administrators not to take action, and it did not, the employee forthwith would suffer a serious adverse employment action. Here, unlike the plaintiff in Morton v. Beyer, McDaniels does not allege that he was suspended without pay at the pretermination hearing. Rather, his complaint is that the trustees unlawfully discharged him on December 18, 1991. Accordingly, McDaniels quite logically did not sue Bryan and McNicholas, he sued the trustees. Therefore, Morton v. Beyer is completely distinguishable from this case and it is not controlling here. 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 21/31 B. Preclusion from Showing that Pretermination Hearing was a Sham McDaniels also argues that the district court erred in refusing to allow him to show at trial that the pretermination procedure afforded him was a sham. Essentially McDaniels' theory is that the college administrators never believed Federici's allegations to be true. Instead, he charges that they pounced on Federici's complaint to get rid of a highly paid professor to save money. The district court, relying in part on a recent case *459 from the Court of Appeals for the Eleventh Circuit, McKinney v. Pate, 20 F.3d 1550 (11th Cir. 1994) (in banc), cert. denied, ___ U.S. ___, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995), ruled that even if proven, the fact that the proceedings were a sham would be irrelevant to the claim that pretermination procedural due process was denied because the sufficiency of post-termination protection was not at issue. App. 1005-10. 459 Although due process requires an impartial decisionmaker before final deprivation of a property interest, Schweiker v. McClure, 456 U.S. 188, 195, 102 S.Ct. 1665, 1670, 72 L.Ed.2d 1 (1982), it is not clear that strict impartiality is required at each stage of the process. In situations as the one at hand, there are two stages, pretermination and post-termination, but normally the post- termination proceedings conclusively determine the employee's status. The pretermination hearing merely serves as \"an initial check against mistaken decisions essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\" Loudermill, 470 U.S. at 545-46, 105 S.Ct. at 1495 (citations omitted). We have not decided the specific question of whether, in the employment termination context, an impartial decisionmaker is required at the pretermination hearing. In Rosa v. Resolution Trust Corp., 938 F.2d 383, 396-97 (3d. Cir.), cert. denied, 502 U.S. 981, 112 S.Ct. 582, 116 L.Ed.2d 608 (1991), however, we touched upon a similar issue in another context. Rosa involved a pension plan of a bank placed under the conservatorship of the Resolution Trust Corporation (the \"RTC\"). At first, the decided to continue the plan and assumed payment obligations. But after two contribution payments, the decided to halt contributions and it sent out notices that 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 22/31 the plan was to be terminated in two months. The beneficiaries of the plan sued. Under the Financial Institutions Reform and Recovery Enforcement Act, however, certain of the plaintiffs' claims for monetary relief had to be presented first to the for review. The plaintiffs argued that this claims procedure violated due process because the was biased as it had a financial interest in the determination of their claims. We held that the alleged bias did not violate due process because, after exhaustion of the claims procedure, the plaintiffs would have the post-deprivation option of obtaining a de novo court evaluation of their claims. 938 F.2d at 397. Our holding in Rosa is consistent with the approaches taken by other circuits in resolving this issue in the employment termination context. In McKinney v. Pate, cited by the district court, a county official challenged the procedures of his termination, alleging that the Board of County Commissioners, who made the preliminary decision to terminate his employment, \"was preordained to find against him, regardless of the evidence.\" McKinney, 20 F.3d at 1561. The court of appeals in banc, stated that \"[a] demonstration that the decisionmaker was biased . . . is not tantamount to a demonstration that there has been a denial of procedural due process.\" McKinney, 20 F.3d at 1562. The court reasoned that the employee was entitled also to a post-termination hearing and would not be deprived of due process \"unless and until the state refuses to provide due process.\" Id. The court held: [I]n the case of an employment termination case, `due process [does not] require the state to provide an impartial decisionmaker at the pre-termination hearing. The state is obligated only to make available \"the means by which [the employee] can receive redress for the deprivations.\"' Schaper v. City of Huntsville, 813 F.2d 709, 715- 16 (5th Cir. 1987) (quoting Parratt v. Taylor, 451 U.S. 527, 543, 101 S.Ct. 1908, 1917, 68 L.Ed.2d 420 (1981)) (footnote omitted). McKinney, 20 F.3d at 1562. Other courts of appeals have come to this same conclusion in cases where hearings are provided both before and after dismissal. See, e.g., Walker v. City of Berkeley, 951 F.2d 182, 184 (9th Cir. 1991) (\"failure to provide an impartial decisionmaker at the pretermination stage, of itself, does not create liability, so long as the decisionmaker at the post- 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 23/31 termination hearing is impartial\"); Duchesne v. Williams, 849 F.2d 1004, 1005 (6th Cir. 1988) (in banc) *460 ( Loudermill does not require a \"neutral and impartial decisionmaker\" at the pretermination hearing but only \"a right of reply before the official responsible for the discharge\"), cert. denied, 489 U.S. 1081, 109 S.Ct. 1535, 103 L.Ed.2d 840 (1989). Likewise, the Court of Appeals for the Fifth Circuit reached the same conclusion via an application of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), and held that even if allegations of bias and conspiracy on the part of the decisionmaker were true, \"the state cannot be expected to anticipate such unauthorized and corrupt conduct.\" Schaper v. City of Huntsville, 813 F.2d 709, 714-16 (5th Cir. 1987). 460 We find these cases convincing. First, as the Supreme Court has held, \"[t]he constitutional [procedural due process] violation actionable under \u00a7 1983 is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process.\" Zinermon v. Burch, 494 U.S. 113, 126, 110 S.Ct. 975, 983, 108 L.Ed.2d 100 (1990). The Zinermon Court held that part of the process that the State may offer to avoid constitutional violations is a remedy for erroneous deprivations. Id. Thus, a discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post-deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker. We also find most persuasive the application of Parratt v. Taylor, 451 U.S. at 527, 101 S.Ct. 1908, to claims that pretermination decisionmakers were not impartial. In Parratt v. Taylor, a prisoner claimed violation of his procedural due process rights because the mail-ordered hobby kits for which he had paid disappeared after their delivery to his prison. The Supreme Court first recognized that \"either the necessity of quick action by the State or the impracticality of providing any meaningful predeprivation process, when coupled with the availability of some meaningful means by which to assess the propriety of the State's action at some time after the initial taking, can satisfy the requirements of procedural due process.\" Parratt v. Taylor, 451 U.S. at 539, 101 S.Ct. at 1915 (footnote omitted). The Court held that the prisoner failed to make out a procedural due process claim. The Court 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 24/31 reasoned that the nature of this deprivation, \"a tortious loss [resulting from] a random and unauthorized act by a state employee,\" makes it difficult if not impossible for the State to hold a meaningful hearing before the deprivation. Id. at 541, 101 S.Ct. at 1916. The Court held that in such instances post- deprivation remedies such as tort laws are adequate. This reasoning applies equally well in the employment termination context. Usually, an employment termination decision is made initially by the employee's direct supervisor or someone working in the same organization as the employee \u2014 a sensible approach given that such person often is already familiar with the employee's abilities and shortcomings as well as the needs and interests of the employer organization. Yet, these individuals are also likely targets for claims of bias or improper motive simply because of their positions. For example, personality discord may lead to charges that a direct supervisor was biased. Or, as here, budget squeezes may lead to charges that the motivation for the dismissal was to trim the budget. While these charges may have merit in certain cases, to require that the state ensure an impartial pretermination hearing in every instance would as a practical matter require that termination decisions initially be made by an outside party rather than the employer as charges of bias always could be made following an in-house discharge. Not only is this procedure unduly cumbersome, but it also may be unreasonably invasive for the employee, who may want to keep the circumstances of his discharge private. On the whole, we do not think that such excessive pretermination precaution is necessary where the state provides a neutral tribunal at the post- termination stage that can resolve charges of improper motives. Here, the parties agree that the college is a \"local agency\" subject to Pennsylvania *461 Local Agency Law. Under sections 752 and 754 of the Local Agency Law, 2 Pa.Cons. Stat.Ann. \u00a7\u00a7 752 754 (Supp. 1994), McDaniels had the right to appeal the college's decision to the state court. See Monaghan v. Board of Sch. Directors of Reading Sch. Dist., 152 Pa. Commw. 348, 618 A.2d 1239, 1241 (1992). Under section 754, a court may hold a de novo hearing \"[i]n the event a full and complete record of the proceedings before the local agency was not made.\" Moreover, the court may modify or set aside an agency decision if it finds violations of the employee's constitutional rights, an error of law, or that necessary findings of fact were not supported 461 8 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 25/31 by substantial evidence. Id.; see also Coyle v. Middle Bucks Area Vocational Technical Sch., ___ Pa.Commw. ___, 654 A.2d 15, 16 (1994); Springfield Sch. Dist. v. Shellem, 16 Pa.Cmwlth. 306, 328 A.2d 535, 537-38 (1974). Clearly then, even aside from McDaniels' options in his union contract, which procedures he in fact initiated, the state offered him sufficient process to protect his property rights. 8 Pennsylvania statute defines \"local agency\" as \"[a] government agency other than a Commonwealth agency.\" 2 Pa.Ann.Stat.Ann. \u00a7 101 (Supp. 1994). C. Denial of New Trial on Non-Economic Damages As we find that the college did not violate McDaniels' procedural due process rights, we need not reach the question raised on his cross-appeal as to whether the trial court erred in denying his motion for a new trial on non-economic damages. D. Dismissal of Individual Defendants In a memorandum opinion, the district court noted that it had dismissed, sua sponte and without objection, the case as to the individual defendants because they had nothing to do with the pretermination events leading to McDaniels' discharge. There has been some confusion as to the resolution of this issue because McDaniels states that he did not agree to the dismissal and an order of dismissal was not entered until June 28, 1994, which was several months after the dismissal at the aborted trial. When the case was retried, McDaniels' attorney brought up this point and the court adhered to its ruling. App. 703-04. In his cross-appeal, McDaniels challenges this dismissal. We exercise plenary review over the district court's dismissal of the individual defendants. Alnor Check Cashing v. Katz, 11 F.3d 27, 29 (3d Cir. 1993). We have some question as to whether the district court's reasoning was correct as the trustees actually terminated McDaniels' employment. However, in light of our conclusion that the college did not violate McDaniels' rights to procedural due process, we will affirm the dismissal of 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 26/31 [77] ALDISERT, Circuit Judge, Dissenting. the individual defendants. Inasmuch as the pretermination procedures did not violate McDaniels' rights, the individual defendants could not be liable For the above reasons, we will reverse the order denying the college's post- trial motion for judgment as a matter of law and will affirm the trial court's dismissal of the case as to the individual defendants. We do not address the college's appeal from the order denying its motion made at the end of the McDaniels' case for a judgment as a matter of law as it is moot. In sum, the consequence of our opinion is that this litigation is terminated in the federal courts with judgments in favor of all the defendants. Fundamental fairness is the hallmark of the procedural protections afforded by the Due Process Clause. Here we must decide whether the pretermination procedures of Delaware County Community College comported with the requirements of due process. In my view they did not would affirm the judgment of the district court. Accordingly dissent. Prior to termination, a public employee with a property interest in continued employment must be afforded \"a pretermination opportunity to respond, coupled with post-termination administrative [or judicial] procedures.\" Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 547-48, 105 S.Ct. 1487, 1496, 84 L.Ed.2d 494 (1985). To ensure that *462 the pretermination hearing is a meaningful one, the employee \"is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\" Id. at 546, 105 S.Ct. at 1495. 462 In this case, Professor McDaniels was not provided adequate notice of the subject or purpose of the November 27, 1991 meeting. He was told only that he should bring his current gradebook and that it related to \"a student problem.\" App. Vol at 790-91, 868-70. To be sure, advance notice is not a per se requirement of due process. Gniotek v. City of Philadelphia, 808 F.2d 241, 244 (3d Cir. 1986). Rather, as the majority correctly noted, \"[n]otice is sufficient, 1) if it apprises the vulnerable party of the nature of the charges 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 27/31 and general evidence against him, and 2) if it is timely under the particular circumstances of the case.\" Id. at 244. Thus, although advance notice is not required, \"`the timing and content of notice . . . will depend on appropriate accommodation of the competing interests involved.'\" Id. (quoting Goss v. Lopez, 419 U.S. 565, 579, 95 S.Ct. 729, 738-39, 42 L.Ed.2d 725 (1975 conclude that the \"particular circumstances\" in this case required some form of advance notice. See Morton v. Beyer, 822 F.2d 364, 369 (3d Cir. 1987). In Morton v. Beyer, a corrections sergeant at a state prison was summoned to a pretermination hearing six months after the putative misconduct, in that case inmate abuse, although he was aware that an internal affairs investigation was initiated within a couple of days of the alleged incident. On the morning of the hearing, the public employee received \"vague\" notice that the upcoming hearing had something to do with \"a general allegation of inmate abuse.\" 822 F.2d at 370. At the hearing itself, the employee was accompanied by his union representative and was provided a packet of materials containing the various investigative reports of the incident for his review and comment, to which the employee declined to respond at the advice of his representative. We concluded: \"On the undisputed facts of this case, [the employee] was not afforded timely notice of the nature of the charges or the general evidence against him.\" Id. at 371. This case assumes a fortiori proportions. First, although Professor McDaniels also was summoned months after the alleged incident, he was never aware that he was being investigated at any time prior to the pretermination hearing. Second, McDaniels received notice more vague than that in Morton v. Beyer: He was told less than two hours before the meeting only that he should bring his current gradebook and that it related to \"a student problem.\" App. Vol at 790-91, 868-70. He was not informed that the upcoming meeting was intended to serve as a pretermination hearing or that it related to a student complaint of sexual harassment. Amazingly, this lack of notice was in keeping with the college's policy that the more serious the alleged incident, the less notice and information is provided. App. Vol at 802-03. Third, unlike the public employee in Morton v. Beyer, McDaniels was not accompanied by a representative and was not afforded the opportunity to review the investigative report or evidence against him, specifically a three-page hand-written summary composed by Bryan and 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 28/31 signed by the complaining student. Fourth, as part of the pretermination procedure the employee in Morton v. Beyer was provided a departmental hearing after the initial hearing, 822 F.2d at 367 n. 1 n. 2, whereas Professor McDaniels, notwithstanding the availability of what the majority characterize as \"post-termination rights,\" was refused further pretermination review or investigation when, at the suggestion of Bryan, he filed a written request for this additional safeguard from the president of the college. Although am satisfied that McDaniels' pretermination hearing afforded him, to some degree, an impromptu opportunity to hear some of the college's evidence and present his side of the story, clearly he was unable to mount a defense equivalent to the studied and prepared presentation levelled against him: In affirming the conclusion of the district court that [McDaniels] likely received an inadequate Loudermill hearing, we emphasize that we simply hold that, on the facts *463 of this case, prior notice of the nature of the charges against [McDaniels] was required. Particularly in light of the significant lapse in time between the alleged improper conduct and the hearing in [Bryan's] office, [McDaniels] should have been provided sufficient time, at the very least, to recount the facts in his own mind and thus to prepare himself to demonstrate to [Bryan and McNicholas] that reasonable grounds to believe that the charges were true did not exist. 463 Morton v. Beyer, 822 F.2d at 371 n. 11. The majority and seem to agree that it is difficult to square the jury's finding that Professor McDaniels was afforded constitutionally adequate notice of the pretermination hearing and the charges against him with its finding that he was not afforded a constitutionally adequate opportunity to respond. With such an agreement is an implicit acknowledgement that notice and opportunity to be heard are inextricably bound. Subsumed in the due process requirement of notice is the concept that the recipient will be afforded some opportunity to prepare a meaningful defense. In this case the fact that notice of the pretermination meeting was 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 29/31 given, as found by the jury, was nevertheless insufficient to permit Professor McDaniels to defend against a serious charge of sexual harassment intentionally flung upon him out of the blue, as also found by the jury. Under my view of due process protection, notice of a meeting is meaningless unless the vulnerable party is permitted a realistic opportunity to mount a defense and respond accordingly. To be sure, the jury found that Professor McDaniels received notice of the meeting. That is a question of fact which will not disturb on review. As a matter of constitutional law, however believe that the notice failed to meet the constitutional requirements of procedural due process. That is a question for the court and not for the jury. Accordingly dissent. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 30/31 Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:29 McDaniels v. Flick, 59 F.3d 446 | Casetext Search + Citator 31/31"} |
7,536 | Craig J. Franz | Saint Mary’s College of California | [
"7536_101.pdf",
"7536_102.pdf"
] | {"7536_101.pdf": "by: Jordan Baker, Amy Larson, Gayle Ong Posted: Dec 15, 2023 / 01:10 Updated: Dec 15, 2023 / 08:43 former Saint Mary\u2019s College of California student is accusing school officials of negligence, covering up a rape on campus, and victim-shaming her as a \u201cbad girl.\u201d The woman, identified in a new civil lawsuit as \u201cJane Doe,\u201d said she was a freshman at St. Mary\u2019s College when she was raped by another student in September of 2000. Her roommate Lawsuit: Saint Mary\u2019s College rape victim shamed as \u2018bad girl,\u2019 silenced by school 68 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 1/14 drove her to a hospital and police were alerted. According to the lawsuit, then-college president Brother Craig Franz chastised the rape victim for drinking and \u201chaving sex,\u201d both which broke St. Mary\u2019s rules. The small Catholic school is located in the town of Moraga in Contra Costa County. Franz warned Jane Doe that breaking rules would put her full scholarship on the line and he pressured her to stop cooperating with police for the investigation, the lawsuit claims. Franz also allegedly insisted that the victim allow the school to handle the investigation, not the police. She complied out of fear, the suit states. Attorney Jessica Dayton said, \u201cThe administration at St. Mary\u2019s College actively worked to cover up sexual assaults on campus.\u201d During the school year, a St. Mary\u2019s professor periodically followed Jane Doe around campus, looked into her dorm room through a window, and repeatedly called her a \u201cbad girl,\u201d according to the lawsuit. The professor was on the school\u2019s Disciplinary Hearing Board, which held a hearing on Jane Doe\u2019s sexual assault accusations. The Disciplinary Hearing Board concluded that Jane Doe\u2019s rapist committed sexual assault. The victim was also deemed guilty of drinking and \u201chaving sex,\u201d the board decided. Neither student was removed from the school, the lawsuit states. The perpetrator was not given any disciplinary repercussions for his conduct, despite the board\u2019s findings. Jane Doe claims she was forbidden from talking about what happened to her. \u201cThis result left Jane Doe feeling manipulated, retraumatized, shamed, and scared,\u201d her attorneys wrote. Twin Cities Pioneer Press reported that Franz resigned from St. Mary\u2019s of California after problems with $121 million in phony pledges and accusations of underreporting sexual assaults. In 2005, Franz became president of St. Mary\u2019s University of Minnesota. Franz > Next > Cancel \u2715 Next story in > Cancel Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 2/14 resigned in 2006 for engaging in \u201cinappropriate sexual behavior\u201d with a student while he was president of St. Mary\u2019s in California two years prior. Saint Mary\u2019s officials reportedly said, \u201cThe investigation determined that Brother Craig (Franz) had engaged in behavior totally inappropriate for a Christian Brother and college president and inconsistent with our values and traditions.\u201d Jane Doe\u2019s attorneys told KRON4, \u201cThis is the same Brother Franz who scolded Jane Doe for breaking the rules on alcohol and sex and who threatened her scholarship should she continue to pursue criminal charges.\u201d \u2018I\u2019m sick of the lies\u2019: Frank Somerville owns up to dark side, problems with alcohol > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 3/14 1 2 Complaint 1 / 16 51% St-Marys-Lawsuit Download The lawsuit was filed against St. Mary\u2019s College of California on Thursday in Contra Costa County Superior Court. Saint Mary\u2019s College asserts that it made improvements over the past two decades to support and protect victims of sexual misconduct College officials wrote in a statement to KRON4, \u201cWe remain steadfast in our commitment to the safety and well-being of our students. The College takes the former student\u2019s allegations seriously. Since 2000, Saint Mary\u2019s has continued to make improvements to better support > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 4/14 and protect students who have been victims of sexual misconduct. The College is committed to advocating for its students and has implemented a multitude of changes in assisting them.\u201d The new lawsuit was filed under AB2777, a California Code of Civil Procedure that opens a one-year window for survivors to bring sexual assault legal action against businesses and public entities that engaged in covering up claims and evidence of sexual assault. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 5/14 Ninja\u2019s new \u2018Swirl\u2019 soft serve maker is a nostalgic / 6 Hours Ago The new Ninja Creami Swirl promises the classic, creamy texture of your favorite ice cream parlor treat, but whipped up in the comfort of your own home. Best DeWalt leaf blower for spring yard cleanup / 7 Hours Ago Lawn maintenance is time-consuming. When leaves start to pile up, DeWalt can help you with several leaf blowers that are all good choices > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 6/14 The Old Farmer\u2019s Almanac predicts a \u2018warmer and wetter / 7 Hours Ago Spring 2025 is predicted to be \u201cwarmer and wetter\u201d than usual for most of the U.S. according to the Old Farmer\u2019s Almanac. View All BestReviews > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 7/14 Top Stories Mexico sends drug lord Caro Quintero and 28 others \u2026 Jake Knapp shoots a 59 at the Cognizant Classic, \u2026 Boris Spassky, Soviet chess champion who lost famed \u2026 Egypt says negotiations between Israel and Hamas \u2026 What to know about the Tate brothers, social media > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 8/14 Refugee aid groups say Trump administration is trying \u2026 Pittsburg searching for women in dog-kicking incident North Korea says it performed cruise missile tests, \u2026 What to know about the latest effort to end Turkey\u2019s \u2026 Iowa gives final approval to a bill removing gender releases details on Sunnyvale father\u2019s arrest South Korean births increased last year for the first \u2026 No big new revelations in Justice Department\u2019s release \u2026 More Stories KRON4 Video > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 9/14 More Videos 1 releases details on Sunnyvale father\u2019s arrest 2 Nearly 90 arrested as police raid \u2018Zombie Park\u2019 3 Pittsburg searching for women in dog-kicking incident 4 Watch KRON4 News Online 5 Brisbane 101 crash spills fuel, knocks out power \u2026 6 San Jose to give homeless people one-way bus tickets \u2026 7 Judge blocks Trump firing probationary employees 8 Costco opens another East Bay location this week 9 > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 10/14 Jung Hoo Lee wishes Korea had this fast food staple 10 Fundraiser launched for Pittsburg dog kicked by woman View All News releases details on Sunnyvale father\u2019s arrest Bay Area 23 mins ago \u2022 Costco opens another East Bay location this week Bay Area 1 hour ago \u2022 Pittsburg searching for women in dog-kicking incident Bay Area 18 mins ago Here are Amazon\u2019s #1 bestsellers this week Holiday 1 week ago > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 11/14 KRON4 Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 1 week ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 1 week ago The best Presidents Day deals on Amazon today Holiday 1 week ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 1 week ago The best Presidents Day deals to shop now Holiday 1 week ago View All BestReviews Picks > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 12/14 The Bay Area's Local News Station Local News San Francisco Weather KRON4+ Report It! About our Ads Report Public File Nexstar Certification Get News App Stay Connected Privacy Policy 11/18/2024 Terms Of Use > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 13/14 Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/27/25, 7:30 Lawsuit: St. Mary's College rape victim shamed as 'bad girl' 14/14", "7536_102.pdf": "By Janine DeFao, Chronicle Staff Writer Dec 7, 2002 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 0:00 5:21 1x Everlit 2002-12-07 04:00:00 Moraga Town -- The bucolic campus of St. Mary's College is unusually tense these days, Watch More Newsletters Sign in 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 1/7 and it's not just the upcoming final exams. The small Catholic college nestled in Moraga's foothills has been rocked by allegations that it has mishandled and underreported sexual assaults, sparking a federal complaint and the resignation this week of its vice president for student affairs Article continues below this ad On Friday, more than 200 students rallied under gray skies in support of their school and its administration, saying that the campus had been unfairly singled out by sensationalist media and that complaining students are in the minority. \"The strong majority of the campus thinks the administration is doing enough,\" said Christian Muller, a sophomore who organized the demonstration have confidence the school reports every case\" required, he said. Muller pointed out a poll in the college newspaper showing 89 percent of female students feel safe on campus - - but it also found 65 percent of all students don't think the college \"is doing enough about the rape issue.\" Stinging from recent media coverage, St. Mary's officials, who deny the allegations, barred reporters from the campus but allowed students to be interviewed nearby. 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 2/7 The controversy began last week when a group of students demanded that the college make changes to its sexual assault policy, notify students when sexual assaults are reported, increase training on the issue and improve student safety through the addition of lights and emergency phones. \"These things are demanded year after year. Obviously they're not taking it as seriously as they should,\" said sophomore Crystal Riggins, who led the first protest. \"Women have come forward and reported things and the administration has swept it under the rug.\" Nine of the 10 demands were agreed on the next day, administration officials said. The final demand, the removal of Vice President for Student Affairs Brother Jack Curran, came with his resignation Monday. Curran had come under fire for overturning the suspension of a student accused of sexual assault in at least one case Article continues below this ad Also last week, the nonprofit Security on Campus filed a complaint with the U.S. Department of Education alleging that the college has failed to report \"all forcible sex offenses known to campus security authorities\" and all alcohol-law violations, as required by federal law. The allegations are bolstered by claims made by the school's former public safety chief. \"Their sexual assault cases were handled completely improperly, from beginning to end,\" said Catherine Bath, program director for the watchdog group near Philadelphia. \"The girls are basically discouraged from reporting their assaults, and the perpetrators are not adequately sanctioned.\" Clifford Williams, director of media relations for the college, denied the allegations. 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 3/7 \"St. Mary's does take sexual assault seriously,\" he said. \"It's something we will not tolerate on this campus Article continues below this ad St. Mary's President Brother Craig Franz announced this week that the school would create a task force to examine how the school handles sexual assault allegations and would hire an independent consultant to review the crime numbers it submits to federal authorities. St. Mary's, with 2,572 undergraduates, reported two forcible sex offenses last year, four in 2000 and three in 1999. \"To think there were two sexual assaults on a campus the size of St. Mary's is ludicrous,\" Bath said. But she said the numbers are \"not unusual\" when compared with other schools because many do not adequately report the numbers. According to Contra Costa Deputy District Attorney Paul Sequeira, St. Mary's College has sent two sexual assault cases to his office in the past three years Article continues below this ad trial is scheduled Feb. 3 in a case involving former St. Mary's student Adam Shahoian, 22, who is accused of raping a freshman in his dorm room. The incident occurred Sept. 18, 1998, but the victim did not report the 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 4/7 Dec 7, 2002 Janine DeFao crime until May 1999, Sequeira said. The other case, an alleged date-rape in November 2000, was not prosecuted because it \"looked like a consensual encounter,\" he said. The college also reported 31 liquor-law violations in 1999, although an internal document included in the complaint shows 377 students were cited that year for alcohol abuse. School officials say many of those cases did not meet the federal reporting requirements, but Bath said any underage drinking should be reported. Roger Sciutto, the college's former director of public safety, said he left in March after nearly four years because he was unhappy with how the campus reported crimes and handled victims Article continues below this ad \"Eventually, they wouldn't even tell me when someone was sexually assaulted. In my opinion believe they knew how seriously took this issue and didn't want me to call police and didn't want police on campus. They didn't want to have that statistic show. \"It's not about massaging the law and misinterpreting these things so it benefits the college,\" he added. \"The intent is to paint an honest picture so parents and prospective students know exactly what kind of place it is.\" Around The Web Powered by 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 5/7 Find Useful Knowledge By Ethereal Search Engine 8 Reasons Your Car Insurance Rate Changes By 4 Easy Tips to Keep Your Kids Safe Online By What You Need to Know About Car Loans By We've Got Your Eyes Covered - Find Your Perfect Pair! By Is My Space a Good Fit for Airbnb? By The Close Relationship Between Stress and Sleep By Tired of Cleaning out Your Gutters? Get a Quote Today! By The Smart Approach to Selling Your Home By Let's Play Typeshift Really Bad Chess Flipart Cross|word SpellTower About Contact Services Quick Links \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light) Top 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 6/7 Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/27/25, 7:30 Sex assault furor rocks St. Mary's / Attacks go unreported, federal complaint says 7/7"} |
8,828 | Richard Hansen | Auburn University | [
"8828_101.pdf",
"8828_102.pdf",
"8828_103.pdf"
] | {"8828_101.pdf": "Pharmacy dean sexually harassed student, Title documents show After Auburn's Title Office initially said the dean would be suspended, it later said details of his punishment would not be shared. The James L. Harrison School of Pharmacy in Auburn, Ala. Photo by Destini Ambus | Editor-in-Chief | The Auburn Plainsman Editor\u2019s Note: This story contains explicit language and descriptions of sexual harassment. Richard Hansen, dean of Auburn University's Harrison School of Pharmacy, was found responsible for a violation of Auburn\u2019s Policy Against Discrimination and Harassment after sexually harassing a student at an off-campus bar last spring, according to documents received by The Plainsman. By Trice Brown | Multimedia Editor and My Ly | News Editor February 17, 2022 | 1:51pm 2/27/25, 7:30 Pharmacy dean sexually harassed student, Title documents show - The Auburn Plainsman 1/6 The student, who is enrolled at Auburn University but not the pharmacy school, reported Hansen to Auburn University's Title Office in late September, which conducted an investigation into Hansen's behavior. According to Title IX\u2019s final investigative report, Hansen told her that she was \u201cgoing to suck his dick, gag, and keep her head down.\u201d \u201cWe find Hansen\u2019s conduct toward [the student] to be severe,\u201d the report reads. \u201cWe find Hansen\u2019s conduct created an intimidating, hostile or offensive University environment.\u201d On Jan. 26, after the investigation had concluded, Title informed the student via an email viewed by The Plainsman that Hansen would \u201chave a one-month suspension and other appropriate sanctions.\u201d However, on Feb. 9, Title informed the student via email that they had \u201cmistakenly provided inaccurate information regarding sanctions to be imposed on Dean Hansen.\u201d Neither Title nor the provost's office shared details of the corrective action taken to The Plainsman or to the student. Hansen is still working in his position as dean, a position he has had since 2017. April 25 \u201cThere was one day was the only employee in the building, which was normal for Sundays,\u201d the student said in an interview with The Plainsman, in reference to April 25, 2021. \u201cAnd had a group of guys, and they were like my regulars. They were in there. They're super nice. And then him and one of his friends were down at the end \u2014 other end of the bar.\u201d According to the student, Hansen\u2019s friend Jason Peevy left the bar before Hansen began making inappropriate comments toward her. According to the final investigative report, Peevy told investigators that while he did not hear Hansen make sexual comments towards the student, Hansen \u201cgauged [the student\u2019s] interest in him (Hansen), but [the student] was not inviting Hansen\u2019s advances.\" \u201cHe was talking about wanting to take me home and me giving him and the other guy a blowjob,\u201d the student said. \u201cHe went very graphic into that stuff. \u201cThat\u2019s when was like, \u2018Okay, that\u2019s harassment.\u2019 The other stuff was like, \u2018That\u2019s disgusting.\u2019\u201d The student knew that Hansen was a dean, and she said he knew who she was. \u201c[Hansen] would ask me about school, told me he saw me on campus a couple times,\u201d she said mean immediately was very stern and like, \u2018You\u2019re not going to talk to me like that,\u2019 \u2026and walked away. And he actually fell asleep at the bar after two-and-a-half beers.\u201d She called her manager and told her what was going on before calling the general manager. \u201c[The general manager] basically told me to get [Hansen] out of there, so called some other people and ended up having one of his friends come back and get him,\u201d the student said. \u201cAnd then guess they didn\u2019t really do anything other than [tell] me they were going to have a conversation with him. Within two weeks, he was still doing his normal stuff.\u201d According to the student, Hansen would sit at the bar while she was there, which she thought would not have been allowed. \u201cWhen stopped working there didn\u2019t have a fear of losing my job anymore,\u201d she said was like, \u2018Okay graduate in the spring. He probably can\u2019t prevent me from graduating at this point. Let\u2019s just go ahead and report it because this is getting out of hand.\u2019\u201d 2/27/25, 7:30 Pharmacy dean sexually harassed student, Title documents show - The Auburn Plainsman 2/6 Since Hansen harassed her on April 25, she said she isolated herself. She lost almost 30 pounds in only a few weeks. On Oct. 1, a no-contact directive had been issued at the student\u2019s request by the Title office, barring Hansen and the student from any means of communication. Any violation of the directive could result in corrective action. On New Year\u2019s Eve, he showed up at a bar she was closing with her friend. \u201cHe came in and he sat down across from me,\u201d she said. \u201cMy friend started asking me, \u2018Why is that guy staring at you?\u2019 So had to report that, and of course he denied it and whatnot.\u201d The student said Hansen sat down, stared at her then left without buying a drink. Following this encounter, she said she became more paranoid about being followed. After Hansen sexually harassed her, the student began avoiding places on campus that were close to the pharmacy school. She stopped going to her classes in Lowder Hall. \"The difference in power between us is the reason didn\u2019t come forward sooner,\" she said in a written opposition to his appeal wasn\u2019t even sure I\u2019d be heard if did speak up and the power dynamic is the reason feel so uncomfortable on campus.\" This, along with her avoidance of Lowder Hall, was evidence Title used in their final investigative report to claim that Hansen\u2019s actions \u201ccreated an intimidating and offensive University environment for [the student].\u201d When she was deciding whether or not to report Hansen, the student weighed the risks. She was not sure if he would be able to kick her out of the University or what the University would be able to do for her. \u201cThere was so much going through my mind,\u201d she said. \u201cThen was like, \u2018These other girls that he definitely \u2014 he\u2019s definitely doing stuff to other girls. And me not speaking up, that definitely didn\u2019t sit right with me.\u201d Title After reporting the incident to Title on Sept. 27, the student was quickly put in contact with the office. Within a month, the investigation was completed and the student was given the final investigation report. Hansen appealed the ruling on Nov. 3, saying the complaint falls outside the purview of Auburn\u2019s Policy Against Discrimination and Harassment and that Hansen\u2019s conduct was not \u201cobjectively severe\u201d and did not create an \u201cintimidating, hostile or offensive University environment.\u201d His appeal was denied. \u201cHansen did not outright deny [the student\u2019s] allegations,\u201d the final investigation report said. \u201cIn fact, he stated he has no recollection of making the comments and making such comments are \u2018uncharacteristic\u2019 of him.\u201d Hansen claimed to be unable to recall other aspects of the evening of April 25, but testimony from the student and Peevy confirm them, investigators concluded. \u201c[Hansen] stated he did not remember any conversations being directed toward [the student]; however, Peevy stated the opposite,\u201d the report said. \u201cHansen stated he does not believe he fell asleep at the bar that evening; however, [the student] stated Hansen fell asleep, Peevy stated someone called him and relayed that Hansen was asleep, and there is a photo of Hansen asleep.\u201d After the student was informed in January that Hansen would be suspended for a month, she thought it was over was like, \u2018This is great. He\u2019s being held accountable. At least something is being done,'\u201d she said. Despite this, she said she still felt the suspension was \u201ca little bit of a slap on the wrist.\u201d She was not told whether the suspension would be paid or unpaid, though she was later told he would not be suspended at all. 2/27/25, 7:30 Pharmacy dean sexually harassed student, Title documents show - The Auburn Plainsman 3/6 After receiving the email claiming Hansen would face a one-month suspension, the student asked Title if she could receive all of the related paperwork. \u201cAnd that was just ignored,\u201d she said asked [Katherine Weathers, senior deputy Title coordinator] why that was ignored, and she said she wasn\u2019t sure and then assured me that they had been very timely on getting back to me about everything.\u201d The student said she had been revoked access to the Title documentation she was previously given via Box, an online file-sharing service, about the same time her friend reached out on her behalf to The Plainsman. In a meeting with Title following the Feb. 9 email, which clarified that Hansen would not be suspended and that his corrective action would not be shared, the student said she was told that she would be allowed to come view the documents, but she could only get copies of the documents through a court-issued subpoena. Differentiating Title Auburn\u2019s full Title policy only applies to sexual harassment that \u201coccurs within the University\u2019s Education Programs and Activities in the U.S.\u201d In cases where sexual harassment between two University-affiliated individuals occurs off-campus \u2014 or on study abroad trips \u2014 the University employs its Policy Against Discrimination and Harassment instead. Since this case was handled under the Policy Against Discrimination and Harassment instead of the Title Sexual Harassment Policy, there was no hearing, where a hearing officer brings the parties together to deliberate the evidence and determine any discipline to be imposed if one is determined responsible for violating this policy. According to the Title Sexual Harassment Policy, the hearing officer is required to transmit a written decision to the parties following the hearing, which would include the discipline deemed appropriate for the violator of the policy. The Policy Against Discrimination and Harassment, on the other hand, does not require Title to notify the complainant of the discipline given. In a meeting with Title IX, the student said she was told she would only be notified if the corrective action resulted in suspension or termination of employment. Additionally, when faculty are found in violation of this policy, corrective action is determined by Kelley Taylor, the director of the office of affirmative action and equal employment opportunity, in consultation with Emmett Winn, associate provost of faculty affairs, \u201cand/or the respective Dean, and/or Chair,\u201d the policy states. In the Title Sexual Harassment Policy, corrective action is determined by the hearing officer instead. If Hansen had sexually harassed the student on campus, she would have been given access to documents related to corrective action taken against him, per the Title policy. Since she was harassed off campus, however, the University has no obligation to share corrective action taken under the Policy Against Discrimination and Harassment. Winn declined to comment for this story. Jim Ward, counsel for the Alabama State Board of Pharmacy, said \"the Board is aware of the situation involving the Dean and is looking into the matter.\" When The Plainsman reached out to Hansen regarding the details of his suspension, he informed The Plainsman that he was, in fact, not being suspended and directed further questions to the Office of the General Counsel. He has not responded to further requests for comment for this story. Listed below are resources for survivors of sexual assault or harassment: Safe Harbor: 334-844-7233 or [email protected] 2/27/25, 7:30 Pharmacy dean sexually harassed student, Title documents show - The Auburn Plainsman 4/6 Rape Counselors of East Alabama: 334-705-0510 Student Counseling and Psychological Services: 334-844-5123 National Sexual Assault Hotline: 1-800-656-4673 Do you like this story? The Plainsman doesn't accept money from tuition or student fees, and we don't charge a subscription fee. But you can donate to support The Plainsman. Support The Plainsman Trice Brown | Multimedia Editor Trice Brown, senior in english language arts education, is the multimedia editor of The Auburn Plainsman. @bytricebrown [email protected] My Ly | News Editor My Ly, junior in journalism, is the news editor of The Plainsman. 2/27/25, 7:30 Pharmacy dean sexually harassed student, Title documents show - The Auburn Plainsman 5/6 \uf111 \uf099 \uf111 \uf167 \uf111 \uf39e \uf111 \uf16d All rights reserved \u00a9 2025 The Auburn Plainsman Powered by Solutions by The State News 2/27/25, 7:30 Pharmacy dean sexually harassed student, Title documents show - The Auburn Plainsman 6/6", "8828_102.pdf": "888-812-9055 \ue816 The Dean of Auburn University Pharmacy School Resigns After Allegations of Sexual Harassment Auburn University announced that dean of the Harrison School of Pharmacy, Richard Hansen, resigned from his position effective Friday, February 18. According to AL.com, the resignation took place after a report published by the Auburn Plainsman alleged sexual harassment by Hansen against a student last spring. Hansen has been serving as dean of the pharmacy school since 2017. University officials explained in a campus-wide e-mail that creating and maintaining a safe environment for students is a top priority and the university prohibits sexual harassment. It further stated they address every complaint under university policies, including claims of off-campus conduct when necessary. Privacy - Terms 2/27/25, 7:30 The Dean of Auburn University Pharmacy School Resigns After Allegations of Sexual Harassment \u00b7 First Response 1/4 university spokesman stated that Hansen remains as a tenured professor, and disciplinary actions will be taken according to the faculty handbook of Auburn. The e-mail did not describe the charges against the dean, nor whether they were credible or related to his resignation. The student newspaper reported that Hansen had made inappropriate remarks to a student working at an off- campus bar in April 2021. The student stated that despite her complaint to the university, Hansen again visited the bar and made her uncomfortable. The student newspaper reported that the Title office investigated the complaint and found it credible. The office further stated that the dean had \u201ccreated a threatening and offensive University environment for the respective student.\u201d Although there is no clarity on whether any disciplinary actions against Hansen had occurred at that time, the newspaper (Plainsman) described contradictory reports on handling of the matter under university policy for off- campus Title violations. Amidst these revelations, the university has appointed professor Dan Surry as the acting dean until an internal search by the Office of the Provost is complete. First Response continually supports your organization to provide a professional and safe environment for employees. We offer services including conducting workplace investigations; providing advisors and an employee hotline. Contact us to obtain more details. Facebook Twitter LinkedIn Email Facebook Auburn University Implements New Policy During Harsin Investigati Harassment and Ethical Violations at White House Science Office Resur\u2026 \uf104 \uf105 2/27/25, 7:30 The Dean of Auburn University Pharmacy School Resigns After Allegations of Sexual Harassment \u00b7 First Response 2/4 Join Our Mailing List First Name Last Name Email Send \u00a9 Copyright 1998\u20132020 First Response, Inc. 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The contents of this website are not intended to serve as a substitute for legal advice and visitors are encouraged to consult an attorney with legal questions or issues they may have. 2/27/25, 7:30 The Dean of Auburn University Pharmacy School Resigns After Allegations of Sexual Harassment \u00b7 First Response 4/4", "8828_103.pdf": "professor who had recently stepped down as dean of Auburn University\u2019s pharmacy school has now entirely resigned from the university. by: Drew Taylor Posted: Mar 16, 2022 / 11:19 Updated: Mar 16, 2022 / 11:19 This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated. AUBURN, Ala professor who had recently stepped down as dean of Auburn University\u2019s pharmacy school has now entirely resigned from the university. On Wednesday spokesperson Jennifer Adams confirmed that professor Richard Hansen had left the university Tuesday. 55 Auburn professor accused of sexual harassment resigns from university 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 1/14 \u201cRichard Hansen will not be teaching at Auburn,\u201d Adams wrote in an email to 42. \u201cHe resigned Tuesday from his position as an Auburn faculty member. He is no longer employed by the university.\u201d Hansen had been a Gilliland Endowed professor at Auburn since first arriving in 2010. Since 2017, he led AU\u2019s Harrison College of Pharmacy, but resigned as dean on Feb. 18 after the student paper, The Auburn Plainsman, published a story that uncovered a Title investigation into sexual harassment claims that had been made against him by a student. At the time of his resignation as dean, the university maintained that Hansen would still be employed as a tenured professor at the school. Prior to coming to Auburn, Hansen was an associate professor at the University of North Carolina at Chapel Hill from 2008 to 2010 and an assistant professor at the from 2003 to 2008. Suggest a Correction Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Lee High School security officer accused of sexual contact with a student > Next > Cancel \u2715 Next story in > Cancel Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 2/14 Best DeWalt leaf blower for spring yard cleanup / 7 Hours Ago Lawn maintenance is time-consuming. When leaves start to pile up, DeWalt can help you with several leaf blowers that are all good choices. The Old Farmer\u2019s Almanac predicts a \u2018warmer and wetter > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 3/14 / 7 Hours Ago Spring 2025 is predicted to be \u201cwarmer and wetter\u201d than usual for most of the U.S. according to the Old Farmer\u2019s Almanac. Bissell vs. Shark steam mop / 8 Hours Ago Traditional mops require harsh chemicals and arduous labor, making steam mops a great alternative. View All BestReviews News 19 Insider Enter Your Email > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 4/14 Refugee aid groups say Trump administration is trying \u2026 Judge finds mass firings of federal probationary \u2026 Mexico sends drug lord Caro Quintero and 28 others \u2026 North Korea says it performed cruise missile tests, \u2026 What to know about the latest effort to end Turkey\u2019s \u2026 Iowa gives final approval to a bill removing gender \u2026 South Korean births increased last year for the first \u2026 No big new revelations in Justice Department\u2019s release \u2026 More Stories > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 5/14 North Korea says it performed cruise missile tests International 24 mins ago What to know about the latest effort to end Turkey\u2019s International 29 mins ago > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 6/14 South Korean births increased last year for the first International 43 mins ago Judge overthrows conviction of owners of New Zealand International 2 hours ago > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 7/14 Morocco urges people to not buy sheep for Eid al-Adha International 49 mins ago Senegal has signed a deal with separatist rebels International 3 hours ago > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 8/14 More World News Influencer Tate brothers, who face human trafficking International 3 hours ago South African president slams Afrikaner lobby group\u2019s International 6 hours ago > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 9/14 WHNT.com Video More Videos > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 10/14 LIVE: Hanceville City Council votes to table fate \u2026 Alabama News 1 min ago \u2022 Oscar-winner Gene Hackman, wife Betsy Arakawa and Entertainment 44 mins ago \u2022 Ardmore man sentenced to life in prison for sexual \u2026 Athens 7 hours ago \u2022 Muscle Shoals man arrested on multiple drug charges \u2026 Shoals 1 hour ago \u2022 Kroger giving out free boxes for Daylight Savings \u2026 News 1 day ago Here are Amazon\u2019s #1 bestsellers this week Holiday 1 week ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 1 week ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 1 week ago The best Presidents Day deals on Amazon today Holiday 1 week ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 1 week ago > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 11/14 The best Presidents Day deals to shop now Holiday 1 week ago View All BestReviews Picks Morning Newsletter Enter Your Email View All News How Black History has been taught in Alabama over \u2026 Black History Month 1 hour ago \u2022 Muscle Shoals man arrested on multiple drug charges \u2026 Shoals 1 hour ago \u2022 Oscar-winner Gene Hackman, wife Betsy Arakawa and Entertainment 44 mins ago > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 12/14 North Alabama's News Leader News Weather Sports As Seen on News 19 Watch Community North Alabama\u2019s Contact Us Online Public File Online Public File Report Report Public File Help Applications Get News App Get Weather App Stay Connected > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 13/14 Privacy Policy 11/18/2024 Terms Of Use Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/27/25, 7:31 Auburn professor accused of sexual harassment resigns from university | WHNT.com 14/14"} |
7,842 | Mark L. Dantzker | University of Texas – Pan American | [
"7842_101.pdf",
"7842_102.pdf",
"7842_101.pdf",
"7842_102.pdf"
] | {"7842_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 24 Oct 2023 06:18:33 All snapshots from host share download .zip report bug or abuse Webpage Screenshot Students Sue Professor and U. of Texas in Harassment Case By Robin Wilson 2, 2004 Eight current and former students at the University of Texas-Pan American sued the university and a criminal-justice professor in June, asserting that the institution had not adequately punished the professor after finding him guilty of sexual harassment. In fact, he was subsequently promoted. The students want the university to pay them unspecified monetary damages for \u201cmental anguish,\u201d arguing that officials \u201cignored\u201d sexual harassment by the professor, Mark L. Dantzker. The plaintiffs, who filed the suit in state court in Hidalgo County, also want a judge to order the professor to keep at least 100 feet away from them. Last year several students complained to the university that Mr. Dantzker had made numerous sexual comments about their bodies, had kissed and hugged them, and had asked about their sex lives university investigative committee found that Mr. Dantzker had violated Pan American\u2019s policy on sexual harassment by creating a \u201chostile environment,\u201d and recommended that he be punished. Although the university imposed the punishments -- which removed him from certain duties and required him to undergo counseling -- Mr. Dantzker was promoted to full professor and reportedly given a $4,000 raise, to $56,200, shortly after the committee issued its findings. \u201cThe university basically slapped him on the back of the hand and rewarded him,\u201d said Hector Villarreal, a lawyer representing the plaintiffs. \u201cThis whole thing smacks of a cover-up within the university.\u201d FEATURED: Student-Success Resource Center Surviving as a Small College Big Bot on Campus Sign In Sandra Quintanilla, a university spokeswoman, said that she could not comment because university officials had not yet been served with a copy of the lawsuit. Mr. Dantzker\u2019s promotion was \u201ccompletely separate\u201d from the sexual-harassment case, she said, and he had \u201cmet all of the requirements\u201d to be made a full professor, a process that was under way before the committee investigated him last year. Rodolfo Arevalo, the provost, said the promotion had been based on Mr. Dantzker\u2019s academic accomplishments. \u201cOne of the things that wasn\u2019t a complaint was that he was a bad faculty member,\u201d the provost said. In an e-mail message, Mr. Dantzker referred questions to his lawyer, Roy S. Dale, who called the lawsuit \u201cmuch ado about nothing\u201d and said, \u201cThe fact is, he\u2019s tough on grading, and a lot of these charges are made up.\u201d Plaintiffs\u2019 Charges The plaintiffs -- seven women and one man, who said he had witnessed the harassment -- were enrolled in criminal-justice courses while Mr. Dantzker was director of the department\u2019s graduate program. According to a 19-page report issued last summer by the investigative committee, one of the women who complained said Mr. Dantzker had told her \u201cthat she would not know real happiness until she had sex with a married man,\u201d like himself. Another student said the professor had asked personal questions about her sex life and then told her that she was \u201csexually deprived.\u201d She also said he had told her that he could \u201csee the lines\u201d of her underwear through her skirt and had added just hate to see women with nice bodies make that mistake.\u201d Several of the women who complained said Mr. Dantzker had regularly kissed and hugged them in greeting, according to the report. Because the university blacked out the names of the women cited in the report, it could not be determined whether they were plaintiffs in the lawsuit. The committee asked Mr. Dantzker to respond to each of the allegations. According to the report, he said the kissing and hugging were \u201cfriendly\u201d gestures that were a \u201ccommon practice on the campus.\u201d He told the committee that it was a \u201cblatant lie\u201d that he had suggested that a student sleep with him, but he acknowledged making the remark about the student\u2019s underwear. He also acknowledged that he had asked students about their sex lives, but he said it was part of his research. The committee suggested that Mr. Dantzker be required to receive counseling on avoiding sexual harassment, that he be prohibited from teaching for two semesters, that he be removed from serving as director of the graduate program for at least two years, and that he have no contact with any of the students Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Find a Job Post a Job About Us Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Commitment Statement Accessibility Statement Manage Your Account Manage Newsletters Individual Subscriptions Institutional Subscriptions Subscription & Account Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Informa 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2023 The Chronicle of Higher Education Section: The Faculty Volume 50, Issue 43, Page A12 We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Robin Wilson Robin Wilson began working for The Chronicle in 1985, writing widely about faculty members\u2019 personal and professional lives, as well as about issues involving students. She also covered Washington politics, edited the Students section, and served as news editor. Twitter Instagram Youtube Facebook Linkedin", "7842_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 21 Oct 2023 16:14:19 All snapshots from host share download .zip report bug or abuse Webpage Screenshot Students at U. of Texas Campus Say Professor Harassed Them and Was Then Promoted By Robin Wilson 17, 2004 Eight current and former students at the University of Texas\u2019 Pan American campus sued the university and a criminal-justice professor last week, asserting that the institution did not adequately punish the professor after it found him guilty of sexual harassment. The students want the university to pay them unspecified monetary damages for \u201cmental anguish,\u201d saying that university officials \u201cignored\u201d sexual harassment by the professor, Mark L. Dantzker. The plaintiffs, who filed the suit last Friday in state court in Hidalgo County, also want a judge to order the professor to keep at least 100 feet away from them. Last year, several students complained to the university that Mr. Dantzker had made numerous sexual comments about their bodies, had kissed and hugged them, and had asked about their sex lives university investigative committee found that Mr. Dantzker had violated Pan American\u2019s policy on sexual harassment by creating a \u201chostile environment,\u201d and it recommended that he be punished. Although the university imposed the punishments -- which removed him from certain duties and required him to undergo counseling -- Mr. Dantzker was promoted to full professor and reportedly given a $4,000 raise, to $56,200, shortly after the committee issued its findings. \u201cThe university basically slapped him on the back of the hand and rewarded him,\u201d said Hector Villarreal, a lawyer representing the plaintiffs. \u201cThis whole thing smacks of a cover-up within the university.\u201d FEATURED: Student-Success Resource Center Big Bot on Campus The Accessible Campus Sign In Sandra Quintanilla, a university spokeswoman, said on Tuesday that she could not comment on the allegations because university officials had not yet been served a copy of the lawsuit. She said that Mr. Dantzker\u2019s promotion was \u201ccompletely separate\u201d from the sexual-harassment case against him. The professor, she said, had \u201cmet all of the requirements\u201d for the promotion, which was already under way before the committee investigated him last year. Rodolfo Arevalo, the university\u2019s provost, said on Wednesday that the promotion had been based on Mr. Dantzker\u2019s academic accomplishments. \u201cOne of the things that wasn\u2019t a complaint was that he was a bad faculty member,\u201d the provost said. In an e-mail message, Mr. Dantzker referred questions to his lawyer, Roy S. Dale, who called the lawsuit \u201cmuch ado about nothing.\u201d Mr. Dale added: \u201cThe fact is, he\u2019s tough on grading, and a lot of these charges are made up.\u201d The plaintiffs -- seven women and one man, who says he witnessed the harassment -- were enrolled in criminal-justice courses while Mr. Dantzker was director of the department\u2019s graduate program. According to a 19-page report issued last summer by the investigative committee, one of the women who complained said Mr. Dantzker had told her \u201cthat she would not know real happiness until she had sex with a married man\u201d like himself. Another female student said Mr. Dantzker had asked personal questions about her sex life, and then had told her she was \u201csexually deprived.\u201d The same woman complained that the professor had advised her that he could \u201csee the lines\u201d of her underwear through her skirt and then had added just hate to see women with nice bodies make that mistake.\u201d Several of the women who complained said that Mr. Dantzker had regularly kissed and hugged them in greeting, according to the report. Because the university blacked out the names of the women cited in the report, it could not be determined if they were plaintiffs in the lawsuit. The investigative committee asked Mr. Dantzker to respond to each of the allegations. According to the report, the professor said that kissing and hugging were \u201cfriendly\u201d gestures that were a \u201ccommon practice on the campus.\u201d He told the committee that it was a \u201cblatant lie\u201d that he had suggested that a student sleep with him, but he acknowledged making the remark about the student\u2019s underwear. Mr. Dantzker also acknowledged that he had asked students about their sex lives, but he said it was part of his research. The committee suggested that Mr. Dantzker be required to receive counseling on avoiding sexual harassment, that he be prohibited from teaching for two semesters Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Find a Job Post a Job About Us Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Commitment Statement Accessibility Statement Manage Your Account Manage Newsletters Individual Subscriptions Institutional Subscriptions Subscription & Account Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Informa 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2023 The Chronicle of Higher Education that he be removed from serving as director of the graduate program for at least two years, and that he have no contact with any of the students. Ms. Quintanilla said that Mr. Dantzker had \u201ccompleted all of the committee\u2019s recommendations.\u201d The lawsuit has not yet been scheduled for a hearing. We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Robin Wilson Robin Wilson began working for The Chronicle in 1985, writing widely about faculty members\u2019 personal and professional lives, as well as about issues involving students. She also covered Washington politics, edited the Students section, and served as news editor. Twitter Instagram Youtube Facebook Linkedin"} |
8,488 | John Seaman | University of Georgia | [
"8488_101.pdf",
"8488_102.pdf"
] | {"8488_101.pdf": "show/article_e109855e-0423-11ea-a1c0-575a7f890481.html professor suspended after sexual harassment investigation, records show Hunter Riggall | News Editor Nov 11, 2019 An April Non-Discrimination and Anti-Harassment Policy Report details the investigation into John Seaman, a research professor of biogeochemistry and assistant director of UGA\u2019s Savannah River Ecology Laboratory. Savannah River Ecology Laboratory via Facebook University of Georgia professor was suspended for two weeks without pay and placed under certain restrictions in May after a Equal Opportunity Office investigation found the professor in violation of university policies records show. 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 1/13 An April Non-Discrimination and Anti-Harassment Policy Report details the investigation into John Seaman, a research professor of biogeochemistry and assistant director of UGA\u2019s Savannah River Ecology Laboratory. The Red & Black acquired the report through an open records request. The allegations were made by a former post-doctoral research associate, Jane Smith, who no longer works at UGA. Smith worked under Seaman at the SREL, which is located in Aiken, South Carolina. Smith was hired in spring 2015 as a post-doctoral research associate in the SREL. Editor\u2019s Note: The Red & Black does not name people who report sexual harassment without their consent. Jane Smith is a fake name used to protect the identity of the person. Based on its investigation found a preponderance of evidence, meaning it was more likely than not that: Seaman found Smith attractive and said as much to other employees Seaman told Smith she should wear a skirt more often Seaman initiated \u201cprivate, non-work-related\u201d social interactions with Smith, but did not do so with other employees under his supervision Seaman frequently stopped by Smith\u2019s office, sat next to her when possible and incidentally touched her when speaking to her Seaman tried to kiss or otherwise touch Smith when they were alone outside of Grumpy\u2019s Sports Pub, a bar in Aiken frequented by employees recommended, and Seaman agreed to, a two week suspension without pay. Preventative measures were also taken. Seaman is now \u201cprohibited from initiating one-on-one interactions outside of work with any employee whom he supervises.\u201d He is also \u201cprohibited from verbally commenting on or otherwise outwardly expressing his views about the physical appearance of women in his workplace,\u201d as stated in the report. As long as Seaman remains a employee, he is bound to a no-contact directive between him and Smith, unless both parties agree to lift the directive, according to the report. In an emailed statement sent in October, Seaman expressed regret over the events, while disputing the context of some of Smith\u2019s claims. \u201cThe incidents in question are some of my greatest personal and professional regrets,\u201d Seaman wrote in an email to The Red & Black am not a perfect person and didn\u2019t always handle things in the best manner cooperated fully with the university investigation and accepted the recommended punishment. Although still 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 2/13 dispute the context of some events never in any way tried to dismiss [Smith\u2019s] feelings or concerns consider [Smith] an important colleague and friend and wish her nothing but the best in the future.\u201d Smith responded to an initial request for comment but did not respond thereafter. In June, an employee contacted police about the investigation to \u201cmake the police department aware of the issue,\u201d according to a Police Department report. That employee did not respond to a request for comment. In the course of its investigation interviewed Seaman and Smith, while also reviewing emails, text messages and other documents. Toward the start of her work at the SREL, Seaman told Smith, \u201cit was common ... for researchers to date or become romantically involved with students or technicians who worked in their labs,\u201d Smith told investigators. Seaman \u201cfrequently invited her for drinks and meals with him alone,\u201d despite the fact that Smith was his subordinate, and she had started a relationship with another employee. Smith also told Seaman made comments saying the boyfriend \u201cwas not the right kind of person for her.\u201d Smith reported she sometimes altered her behavior after comments from Seaman and said she stopped wearing skirts or dresses after Seaman made a comment \u201cto the effect that she should wear a skirt more often.\u201d Smith also accused Seaman of trying to obstruct her career development, a claim for which did not find a preponderance of evidence. When Smith told Seaman she was likely to accept a position with another university, Smith reported Seaman was upset and said it was not a good career move. Smith had not told Seaman about the hiring process \u201cfor fear that he would sabotage her prospects,\u201d according to the report. In July 2017, Seaman and Smith attended a conference together in Europe. Seaman asked Smith to take him sightseeing in another European city that Smith knew. Seaman booked only one hotel room in that city with two beds, an arrangement Smith told she was not informed of until they arrived. Smith told she did not want to go sightseeing at all but felt obligated to because Seaman was her supervisor. Smith was uncomfortable with the sleeping arrangements but could not afford a separate hotel room. On the two nights they spent at the hotel, she stayed outside of the room until Seaman had fallen asleep 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 3/13 before going to bed herself. The incident that resulted in Smith making a sexual harassment and retaliation claim was Seaman telling Smith he did not want her to return to the lab for her last few months with the lab, according to the report. Seaman suggested she work remotely until she began her new position at another university. Seaman told he merely offered her the chance to work remotely because Smith had told him she was not comfortable working in the lab, and \u201cdenies that he told [her] that he did not want her to come to the lab anymore pattern of Seaman\u2019s behavior revolved around visits to Grumpy\u2019s Sports Pub, a frequent happy hour spot for employees. Smith reported, and another employee corroborated, that Seaman would often become too intoxicated to drive and ask Smith for a ride home. \u201c[Smith] reports that she agreed because she felt responsible for Dr. Seaman as he was her supervisor,\u201d the report reads. Smith believed Seaman drank excessively when she was around to have an excuse for \u201cbehaving badly.\u201d When Smith did not attend the happy hours, Seaman would text her \u201cthat he had missed her or that she wished she had come,\u201d according to the report. Smith produced copies of text messages to investigators confirming this. \u201cUp to the point of the attempted kiss or touching outside of Grumpy\u2019s bar, Dr. Seaman\u2019s conduct towards [Smith] during her post-doctoral employment had not been severe but had nonetheless been sufficiently persistent and pervasive as to cumulatively create a hostile and offensive working environment,\u201d the report reads. According to Smith, Seaman intruded on her personal space by making frequent visits to her office to the point that they became \u201cirritatingly numerous,\u201d a claim corroborated by her colleagues. She also said Seaman would sit next to her at meetings and when talking to her would \u201coften incidentally touch her leg or back.\u201d Seaman\u2019s behavior toward another woman mentioned in the report, who was unnamed, constituted a violation of the policy found. During the fall 2017 semester, Seaman asked a woman research professional whom he supervised to go on a date with him. 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 4/13 The research professional told she felt \u201cvery awkward,\u201d about the invitation and declined it. Though she had accepted a different position in the where she would no longer be working under Seaman, Seaman was still her supervisor when he \u201cdeclared his crush and invited her for a date found Seaman violated the Policy\u2019s prohibition on sexual harassment from 2015-2019 and in 2018 violated the prohibition on pursuing a sexual relationship with another employee whom he supervised. Seaman also violated the policy\u2019s prohibition on pursuing a dating relationship with another employee in 2017 awards grant to examine institution\u2019s history of slavery 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 5/13 Flipped around students reflect on effectiveness of inverted classrooms 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 6/13 police blotter: Drunken student falls off bridge, man arrested for drugs and more Anti-abortion protestors show graphic display at Tate Plaza, drive truck around UGA\u2019s campus 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 7/13 OPINION: UGA's lack of accountability damages its ability to serve 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 8/13 students voice concerns about anti-abortion demonstration to 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 9/13 blotter: Student arrested for providing false birth year, man barred from campus 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 10/13 did not investigate allegations against theatre professor due to falling outside jurisdiction 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 11/13 professor suspended indefinitely amid stalking charges 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 12/13 political science professor resigned, under investigation by 2/27/25, 7:31 professor suspended after sexual harassment investigation, records show | Campus News | redandblack.com 13/13", "8488_102.pdf": "0624-11ea-9646-9fc3fb3ab3c1.html OPINION: UGA's lack of accountability damages its ability to serve Stroud Payne | Opinion Editor Nov 13, 2019 Editor's Note The Red & Black publishes opinions from a number of contributors and staff columnists. Their opinions do not reflect the opinions of the editorial staff. The editorial staff is in no way involved with the opinion pieces published with the exception of editorials. Editorials are written by the editorial board consisting of the opinion editor, managing editor and editor-in-chief. Editorials are clearly marked at the beginning. This article is from opinion editor Stroud Payne, a sophomore political science and economics major has a history of failing to hold its employees accountable. David Bristow 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 1/9 In May, University of Georgia Professor John Seaman was suspended without pay for two weeks following a sexual harassment accusation from a former research associate Equal Opportunity Office Non- Discrimination and Anti-Harassment Policy Report found ample evidence that Seaman made unwanted sexual comments and advances to the accuser. Besides the suspension, Seaman is also \u201cprohibited from initiating one-on-one interactions outside of work with any employee whom he supervises\u201d and \u201cfrom verbally commenting on or otherwise outwardly expressing his views about the physical appearance of women in his workplace,\u201d according to the report. Considering the seriousness of the offense, this punishment feels rather light. The university must begin holding is staff and faculty more accountable for their actions. Failing to do so will perpetuate an unjust environment that allows for employees to leverage their power for personal gain at the expense of others. The report concludes that Seaman likely acted inappropriately toward the accuser multiple times, including telling her to wear a skirt more often, incidentally touching her while speaking to her and trying to kiss her while outside a bar. It\u2019s hard to say this was a small infraction or a simple misunderstanding. And it\u2019s not just this case, either. Seaman has a history of sexual harassment and inappropriate office behavior. He asked a research professional he supervised to go on a date during the fall 2017 semester. He also pursued relationships with other employees in 2017 and 2018. This establishes a clear pattern of ignoring guidelines. This isn\u2019t the only time has failed to provide effective oversight of its employees. According to the Athens Banner-Herald, Sallyanne Barrow, a former accountant at UGA, alleged she was fired in retaliation for blowing the whistle on fraud. Barrow had told university officials she believed former alumni office 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 2/9 executive director Deborah Dietzler had defrauded more than $160,000 in September 2013. Barrow was fired by December of the following year. And, for a decade, a Greek Life administrative assistant named Lasina Evans stole money managed by the Greek Life Office before she committed suicide in June of this year, amassing $1.3 million. Evans was so successful at embezzling because then University of Georgia Director of Greek Life Claudia Shamp and Assistant Greek Life Director Elizabeth Pittard gave Evans too much control and signed blank checks without question. Evans\u2019 theft was only discovered after Miracle realized it did not have enough money to give to Children\u2019s Healthcare of Atlanta. The university has reimbursed the impacted organizations, but allowing such blatant theft for over a decade is simply inexcusable. As an institution of higher learning that should be serving the needs of Georgia needs to ensure an environment that is inviting and fair to everyone. Instead, the university has routinely ignored gross abuses of power must begin taking oversight more seriously to avoid these scandals as much as possible. CORRECTION: In a previous version of this article, Lasina Evans was said to have committed suicide in July when she actually committed suicide in June. This has since been corrected. The Red & Black regrets these errors. 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 3/9 professor suspended after sexual harassment investigation, records show student organizations reimbursed with $1.3 million after Greek Life Office theft 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 4/9 DOCUMENTS: UGA's investigation into the Greek Life Office 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 5/9 changes non-university bank account policy after Greek Life theft 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 6/9 The full story: How lack of oversight allowed a Greek Life employee to steal $1.3 million over a decade 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 7/9 employee who stole more than $1.3 million killed herself in June 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 8/9 Georgia Ethics Watchdogs executive director calls for action from President Jere Morehead 3/1/25, 10:30 OPINION: UGA's lack of accountability damages its ability to serve | Opinion | redandblack.com 9/9"} |
7,292 | Qais Al-Awqati | Columbia University | [
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Cancel Sharing: Title: URL: Channel: Sexual Harassment Viewing all 561 articles Page 2 Browse latest View live \u21a7 Immigration Agency Sees Spike In Sexual Harassment Claims Under Current Director August 14, 2012, 6:55 am \u226b Next: Here Are The Lewd Allegations In Top Official's Suit Against Homeland Security \u226a Previous: Inside the Explosive Sex Discrimination Case Targeting Publicis Chief Jim Tsokanos $ 0 0 2/27/25, 7:31 Sexual Harassment 1/49 Copy Share english Type and press enter... RSSing>> Latest Popular Top Rated Trending Image may be NSFW. Clik here to view. The number of non-sexual harassment claims filed against Immigration and Customs Enforcement workers jumped by 44 between 2009 and 2011. And the number of sexual harassment claims jumped by eight in the same time period, according to data exclusively obtained by the New York Post. In addition, agency-wide claims of retaliation from supervisors after employees acted as whistleblowers jumped from 43 in 2009 to 63 in 2010. It spiked to 103 claims in 2011, the Post reported. The statistics come on the heels of a lawsuit that claims Homeland Security Secretary Janet Napolitano treated male employees poorly, the New York Post reported Friday. James Hayes, a special agent in charge of New York City investigations for ICE, is claiming Napolitano promoted her female friend Dora Schriro, a New York City Department of Correction commissioner, ahead of him. \u201cSchriro was not as qualified for the position plaintiff had because of lack of federal law-enforcement experience,\u201d Hayes claimed in his suit, according to the Post. \u201cSchriro did have experience, however, working with Secretary Napolitano. Schriro enjoyed a long-standing relationship with the secretary MISS: Comedian Claims Progressive Defended His Sister's Killer In Court So They Wouldn't Have To Pay Up > Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 search RSSing.com.... Search Here Are The Lewd Allegations In Top Official's Suit Against Homeland Security 2/27/25, 7:31 Sexual Harassment 2/49 August 21, 2012, 4:00 pm \u226b Next: Judge Tells Groping Victim If She Hadn't Been At Bar 'None Of This Would Have Happened' \u226a Previous: Immigration Agency Sees Spike In Sexual Harassment Claims Under Current Director Image may be NSFW. Clik here to view top federal immigration official filed a lawsuit accusing the Department of Homeland Security of bias against men back in May, but the explosive allegations just started heating up in the press in recent days. James Hayes, who heads New York's Immigration and Customs Enforcement office, claims ICE's Washington hub, where he used to work, had a \"frat-house\" atmosphere that humiliated men. Here are some of the more shocking allegations of events from 2009: Suzanne Barr, who was Janet Napolitano's chief of staff for ICE, allegedly moved the entire contents of the offices of three male workers\u2014including their name plates, phones, and computers\u2014into the men's bathroom. Barr is accused of screaming at a male employee that she wanted his \"cock in the back of\" her throat, and sending sexual messages from another employee's Blackberry. Hayes claims that Barr promoted and rewarded male employees who played along with her \"sexually charged\" games. Janet Napolitano launched at least six different investigations against Hayes to retaliate against him for complaining about the harassment, according to the suit, which names her as a defendant in her capacity as Secretary of the Department of Homeland Security. On Friday reported that Barr was on paid leave from her current position as chief of staff for Director Steve Morton pending the outcome of the lawsuit. An spokesperson said in a statement quoted by that Barr had voluntarily stepped aside for the moment, and that was reviewing the allegations. $ 0 0 2/27/25, 7:31 Sexual Harassment 3/49 Read the complaint here MISS: The Majority Of The FBI's Most-Wanted Domestic Terrorists Are Women > Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 \u21a7 Judge Tells Groping Victim If She Hadn't Been At Bar 'None Of This Would Have Happened' September 11, 2012, 5:30 am \u226b Next: Alleged Central Park Rape Victim: 'Kill Him. Cut Off His Penis' \u226a Previous: Here Are The Lewd Allegations In Top Official's Suit Against Homeland Security Image may be NSFW. Clik here to view. groping victim woman claiming she was groped by an Arizona public safety officer fails to recognize her fault in the incident, at least according to the man's sentencing judge Key Practices To Cultivate Joy In Your Relationship More... 471 118 157 7 Spike And Buffy Moments That Still Slay After All These Years More... 280 70 93 Watching This Bombshell Walk Will Make Your Head Spin More... 349 87 116 $ 0 0 2/27/25, 7:31 Sexual Harassment 4/49 Former Arizona Department of Public Safety officer Robb Gary Evans was sentenced to two years of probation last week after a woman accused him of putting his hand up her skirt and running his fingers across her genitals, the Arizona Daily Sun reported. But, if Coconino County Superior Court Judge Jacqueline Hatch is to be believed, while the woman can't be completely blamed for Evans' actions, she did make the poor choice to go to a bar in the first place. \"If you wouldn't have been there that night, none of this would have happened to you,\" Hatch reportedly told the unnamed victim hope you look at what you've been through and try to take something positive out of it.\" She added that by blaming others, the woman gave up her \"power to change.\" Hatch has since apologized for her comments, saying she takes her judicial responsibility to ensure that victims are treated fairly \"very seriously,\" the Arizona Daily Sun reported last week also believe victims should not be blamed for coming forward to report crimes,\" she added. The victim said she appreciated Hatch's apology and hopes that moving forward \"there is a deeper understanding of how it feels to be a victim and what a difficult role it is to carry out MISS: Watch Group Of Tourists Run For Their Lives While They Pretend To Be Illegal Immigrants Crossing The Border > Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 Alleged Central Park Rape Victim: 'Kill Him. Cut Off His Penis' September 13, 2012, 6:12 am \u226b Next: Columbia Intern Says He Was Fired For Rejecting His Boss On Gay Dating Site \u226a Previous: Judge Tells Groping Victim If She Hadn't Been At Bar 'None Of This Would Have Happened' Image may be NSFW. Clik here to view. strawberry fields central park woman who suffered a broken eye socket, a black eye, and other bruises following an alleged sexual assault yesterday is speaking out against her attacker. The unnamed 73-year-old woman was bird watching near 74th Street and Central Park West in the middle of the day Thursday when a man approached her, sexually assaulted her, and stole some of her possessions reported. $ 0 0 2/27/25, 7:31 Sexual Harassment 5/49 Just hours after the attack, the woman said her attacker was a man she saw masturbating in the park about a week ago, the New York Post reported Thursday. She said he was angry she took a picture of him masturbating last week and approached her about it yesterday. \u201cHe pounced on me. He jumped on my back started screaming. And he said, \u2018You don\u2019t scream!\u2019 And he grabbed my throat,\" the woman told the Post still screamed. \u2018He said, \u2018I\u2019ll cut your jugular stopped screaming.\u201d While the woman said she was \"a little jittery\" following the attack, she's more angry than anything else. \u201cKill him. Cut off his penis. That\u2019s fine,\" the woman told the Post. \"Cut off his feet, then hit him over the head. Then give him life in prison MISS: Amanda Knox's Ex Admits It Was Odd They Kissed And Caressed While Police Searched For Roommate's Body > Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 Columbia Intern Says He Was Fired For Rejecting His Boss On Gay Dating Site September 19, 2012, 10:32 am \u226b Next: Waffle House CEO: I'm Being Blackmailed! \u226a Previous: Alleged Central Park Rape Victim: 'Kill Him. Cut Off His Penis' Image may be NSFW. Clik here to view. alberto leguina graduate student is suing Columbia University for allegedly firing him after he rejected his boss on the gay dating website Grindr. Alberto Leguina moved to New York City from Chile to work as a staff associate in that department of Columbia, The Columbia Spectator reported few days after he moved to the city, he said he received a message accompanied by a picture of his boss, Qais Al-Awqati, on the Grindr app. Figuring it was a prank, he ignored the alleged message. However, he says he began to suspect the message was really from the professor and rejected it while he was at work, according to the Spectator. $ 0 0 2/27/25, 7:31 Sexual Harassment 6/49 Then he heard his Al-Awqati yell out \"You are out!\" from the next room, he claims. Leguina says he went to and was assured his position wouldn't be terminated. Leguina says Al-Awqati bought him a Macbook to apologize. Still, Leguina figured out he was fired a couple weeks later when he couldn't log into his school computer, according to the Spectator. Leguina is seeking damages for sexual harrassment and wrongful termination, among other things. The school called us with this statement: \"Columbia University has very strong policies that prohibit sexual harassment. We will respond to these allegations in court but don't comment on pending litigation.\" Business Insider also reached out to Al-Awqati. He declined to comment, citing school policy. The former Columbia student has started a blog chronicling his account of what happened with the school MISS: Calvin Klein's 22-year-old Ex Is Accusing The Designer Of Stalking Him > Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 \u21a7 Waffle House CEO: I'm Being Blackmailed! November 14, 2012, 1:46 pm \u226b Next: Ivy League Cracks Down On Out-Of-Control Student Behavior \u226a Previous: Columbia Intern Says He Was Fired For Rejecting His Boss On Gay Dating Site Image may be NSFW. Clik here to view. waffle house (AP)\u2014The of Waffle House said Tuesday that a former employee who claims he tried to force her to have sex actually was a participant in consensual sex and has been trying to blackmail him am a victim of my own stupidity, but am not going to be a victim of a crime \u2014 extortion,\" Joe W. Rogers Jr. said in a written statement. The woman told Atlanta police last month that Rogers demanded she perform sexual acts in exchange for keeping her job and that he also tried to force her to have sex with him despite her repeated protests. She said this occurred for nearly 10 years, from 2003 through June of this year. The Associated Press does not generally identify alleged victims of sexual assault. Rogers identified the woman as his former housekeeper, and said she is not telling the truth. $ 0 0 2/27/25, 7:31 Sexual Harassment 7/49 \"Over an almost eight-year period when was separated, single and re-married had a series of infrequent consensual sexual encounters with my housekeeper,\" Rogers said. He said the woman worked for 15 hours a week from 2003 until she was let go in 2008. He said she later was rehired as his house manager and quit her job in June. \"Shortly thereafter, on July 16, 2012 received a letter from her attorney containing false allegations and strong threats,\" Rogers said. \"According to her attorneys, she now wants millions of dollars from me.\" Rogers said he shared the letter from the woman's attorney with his wife and they hired lawyers to look into the situation. Rogers and the woman sued each other, but documents in those cases were sealed. Rogers' attorney, Robert Ingram, said a Cobb County judge lifted a gag order in Rogers' lawsuit Tuesday \"so Joe could get his version of the story out.\" \"We're doing that and we're also pursuing remedies for Mr. Rogers in court based upon what appear to be violations of the court's orders.\" Ingram said the woman made intimate videotapes involving Rogers, and he said the court demanded that she turn over those tapes. \"They were tapes that (she) recorded, which is a crime in the state of Georgia to record somebody when that person had an expectation of privacy and doesn't consent to the recording,\" Ingram said hearing on the Cobb County lawsuit is scheduled Wednesday. The woman's attorney, David Cohen, phoned in a statement to The Associated Press late Tuesday disputing Rogers' version of events. \"We understand he's obviously trying to spin his wrongful actions in some positive light,\" Cohen said. \"We believe attempting to attack the victim will only make matters worse and that the parties just need to let a jury decide the issues. Our position and facts as they have evolved thus far are stated in our verified counterclaim filed in the courthouse, which is part of the record unsealed by the court today.\" In the police report, the woman identified herself as a single mother. She said she stayed in the job and submitted to Rogers because she couldn't find other employment with comparable pay. She said she gave Rogers a letter of resignation in June after her son secured a full college scholarship. Rogers said he was wrong to have sex with the woman during a period when he was separated and later remarried. \"That was wrong of me and am very sorry for the pain and embarrassment I've caused my wife and family. There is no excuse for what have done,\" he said. He added, \"As personally embarrassing as this situation is for me am committed to the legal and law enforcement process to expose the motives of my former housekeeper and her attorneys.\" Associated Press writer Lisa J. Adams contributed to this report. Copyright (2012) Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Image may be NSFW. Clik here to view. Please follow Retail on Twitter and Facebook. 2/27/25, 7:31 Sexual Harassment 8/49 Join the conversation about this story \u00bb \u21a7 Ivy League Cracks Down On Out-Of-Control Student Behavior December 7, 2012, 7:37 am \u226b Next: How To Enjoy Your Holiday Office Party Without Getting Sued \u226a Previous: Waffle House CEO: I'm Being Blackmailed! Image may be NSFW. Clik here to view. harvard Dec. 7 (Bloomberg) -- Harvard and Cornell universities have joined Yale University and Dartmouth College in cracking down on out-of-control behavior such as drinking, hazing, and sexual harassment, which endanger students and tarnish Ivy League reputations. Harvard faculty voted last month to require registration of parties and ban drinking games, and Cornell ordered fraternities to have live-in advisers. This fall, Dartmouth began security checks at Greek houses and Princeton University banned freshmen from joining them. The moves are the latest effort to regulate campus behavior since rules controlling students -- known as in loco parentis -- were abolished in the 1960s. Disobedience crested last year for Ivy League schools, which cost more than $50,000 a year to attend Dartmouth hazing article detailed rituals involving bodily fluids Cornell student died of alcohol poisoning, and Yale was hit with a discrimination complaint after fraternity members chanted \u201cNo means yes! Yes means anal!\u201d \u201cColleges have been in an arms race to prove to students that they\u2019re cool and give more freedom than the others,\u201d said Lisa Wade, head of the sociology department at Occidental College in Los Angeles. \u201cNow, maybe the pendulum is starting to swing the other way.\u201d College students have come to equate the absence of boundaries with fun, said Wade, who studies the casual sex culture on campuses. That, combined with large amounts of alcohol easily available on campus, can skew students\u2019 sense of what is acceptable or even normal. Homeless Pranks An undergraduate house at Cambridge, Massachusetts-based Harvard is under fire for an annual hook-up party its residents call Incest Fest. The event is so named because only house members are allowed to attend. Two university clubs have also staged pranks ridiculing homeless people in Harvard Square, according to the Crimson, the student newspaper. $ 0 0 2/27/25, 7:31 Sexual Harassment 9/49 At Yale, one of eight private schools in the U.S. Northeast that make up the Ivy League, eight students drank so much at September\u2019s Safety Dance -- an annual 1980s-themed party -- they had to be hospitalized. That prompted the school in New Haven, Connecticut, to ban the event in the future. Senior Elizabeth Snow, 21, who helped organize a session on alcohol policy, said that without comparison data she doesn\u2019t know if eight is a lot have no idea what a standard Saturday night looks like,\u201d Snow said. Yale should be creating a safer environment for parties rather than \u201cforcing students to find parties off campus,\u201d she said. Thomas Conroy, a spokesman for Yale, declined to comment. Enabling Students College administrators bear some responsibility for student drunkenness after years of ignoring it, said Toben Nelson, assistant professor of community health at the University of Minnesota, who has studied college drinking for more than 15 years. The most effective way to lower drinking rates is to cut the supply of alcohol, and few schools are willing to show that kind of leadership, he said. \u201cThere\u2019s a lot of enabling by college administrators,\u201d Nelson said in a telephone interview. \u201cColleges are competing with each other to get these students, so they\u2019re willing to tolerate a lot of things.\u201d Many alumni hamper attempts to curb alcohol abuse because they want access to a heavy-drinking ambiance when they return for homecoming and sporting events, Nelson said. Alumni also contribute to a culture of hazing. In a 2008 study by University of Maine researchers, a quarter of students who reported being hazed in a college fraternity, group or sports team said alumni were present at the time. The practice is also found in theater groups, marching bands and other social organizations. Taking Action With campus excesses becoming more unruly and, in some cases, deadly, schools are no longer standing by. In rules issued last month, Cornell, based in Ithaca, New York, said new-member activities at Greek clubs must focus on the history and mission of the group and be approved by the university. \u201cIf activities cause serious harm, physically or mentally, or are likely to, the University will not allow the group to continue to operate on our campus,\u201d Cornell said in a slide presentation. Cornell Tragedy Tragedy struck at Cornell in February 2011, when George Desdunes, a 19-year-old sophomore, died of alcohol poisoning. Desdunes was bound with zip ties and duct tape and left alone on a fraternity house sofa after pledges 2/27/25, 7:31 Sexual Harassment 10/49 staged a mock kidnapping of upperclassmen and compelled them to drink, according to documents in a criminal case. The pledges were acquitted of hazing and other charges. The fraternity didn\u2019t defend itself and was fined. Travis Apgar, an anti-hazing activist and Cornell\u2019s associate dean of student affairs, declined to comment on Desdunes\u2019s death, citing further, pending litigation except to say that there\u2019s not a day that goes by that he doesn\u2019t think about it. Cornell, which had started tightening its hazing and alcohol policies before Desdunes died, publishes a list of recent hazing incidents on its website. In one account, students were blindfolded and told they would be branded. Their skin was then touched with metal tongs that had been immersed in ice water. \u201cUnable to distinguish cold from hot, new members thought they were being branded.\u201d Still, students are reluctant to report hazing, and those who do come forward are usually those who opted not to join a group, rather than current members. \u2018Something Ridiculous\u2019 \u201cNobody wants people to know they did something ridiculous in order to join a group,\u201d Apgar said. He said colleges need to do more to stop the practice and should allow students to anonymously report it so administrators can step in earlier. At Yale, the Education Department\u2019s Office of Civil Rights said it resolved a sex-discrimination complaint against the university in June without a fine after Yale agreed to overhaul its process for sexual-assault reporting and increase penalties for alcohol misuse group of students brought the complaint after the fraternity-chanting incident was posted on YouTube. Besides ordering registration of off-campus parties, the school banned beer kegs at sporting events after a spectator was struck and killed by a delivery truck at last year\u2019s Harvard- Yale football game. Dartmouth Hazing Dartmouth, based in Hanover, New Hampshire, was rocked by a hazing scandal in January when then-senior Andrew Lohse wrote in the school newspaper about eating omelets made from vomit and other degrading rituals at Sigma Alpha Epsilon. Two other hazing victims came forward after Lohse was criticized by students and alumni. In April, Ravital Segal wrote in the Huffington Post of being forced to chug bottles of hard liquor in a 2006 Dartmouth sorority initiation. She wrote that she woke up in an intensive care unit with a lethal level of alcohol in her system and two broken teeth. Three other women from two sororities were at the same hospital that night with alcohol poisoning and pressured each other into denying the incident was hazing, Segal said in the article. She declined to comment for this story. In October, sophomore Yesuto Shaw, 18, described being beaten at a Dartmouth fraternity house, called demeaning names and barred from speaking with friends who weren\u2019t members of the group. 2/27/25, 7:31 Sexual Harassment 11/49 \u201cPeople are going to be held accountable more and more for hazing,\u201d Shaw, who plans on becoming a pastoral counselor, said in a telephone interview. \u201cThey\u2019ll know that something done in the dark might possibly come to light.\u201d Random Walkthroughs Dartmouth security now holds random walkthroughs of Greek houses and residence halls, and the school has banned open kegs and alcohol deliveries. Groups willing to disclose recent hazing violations can take part in an amnesty program and develop alternative activities for new members. The measures \u201cdemonstrate the seriousness with which Dartmouth has approached this issue and the commitment we have to tackling it from multiple directions,\u201d Justin Anderson, a spokesman, said in an e-mail. More than 100 members of Dartmouth\u2019s faculty signed a letter in February denouncing the drinking and hazing culture as one of \u201cmoral thuggery\u201d that impedes their ability to teach. \u201cThese problems have been here, underground, for a very long time,\u201d said Lee Witters, a professor of medicine and biochemistry at Dartmouth\u2019s Geisel School of Medicine. \u201cThe more public discussion about the binge drinking, the hazing, the homophobia, the more students themselves are willing to take the responsibility for it.\u201d Harvard, Princeton Harvard and Princeton University don\u2019t formally recognize fraternities and sororities. Harvard began revising its alcohol policy almost three years ago to take a proactive approach to alcohol consumption, spokesman Jeff Neal said in an e-mail. \u201cThe new policy is designed more explicitly to support the health, safety and general wellbeing of our students, while also ensuring that we and they abide by the legal drinking age,\u201d Neal said. Princeton barred freshmen from pledging this year to give new students the opportunity to become more involved in a wider campus social life, said Martin Mbugua, a university spokesman. Many students behave in ways that reflect the community at large, said Wade, the Occidental sociologist. \u201cColleges are a microcosm of American society,\u201d Wade said. \u201cIt\u2019s a story of hormone-driven kids packed into dorms like sardines. And what we see when we look there -- the glamorization of casual sex; the binge-drinking; the crude, insensitive humor; the homophobia; the racism -- is a story about us.\u201d --With assistance from Jason Jung in Princeton, New Jersey; Nataliya Nedzhvetskaya in Cambridge, Massachusetts; Adam Schwartzman in Hanover, New Hampshire; and Jessica Shor in New Haven, Connecticut. Editors: Lisa Wolfson, Ben Livesey 2/27/25, 7:31 Sexual Harassment 12/49 To contact the reporter on this story: Chris Staiti in Boston at [email protected] To contact the editor responsible for this story: Lisa Wolfson at [email protected] Image may be NSFW. Clik here to view. Please follow Business Insider on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 How To Enjoy Your Holiday Office Party Without Getting Sued December 14, 2012, 4:21 am \u226b Next: Professor Sues Law School That Called Him Safety Risk For Students \u226a Previous: Ivy League Cracks Down On Out-Of-Control Student Behavior Image may be NSFW. Clik here to view. mad men holiday party The holidays are prime time for parties \u2013 office parties included. Before you don your holiday sweater and reach for that second bourbon-egg nog, consider some common situations that present legal pitfalls that could land your employer \u2013 or you \u2013 in trouble. Don\u2019t Expect a Free Ride What if you drink too much and just need a ride home? Is your employer obligated to pay for transportation? Your employer is really only responsible for keeping you safe while you\u2019re on the job. So if the party is off the clock, you\u2019re probably out of luck. \u201cDriving home is not normally considered part of the work day unless the employee is paid for that time,\u201d notes John P. Hancock, Jr., a lawyer with Butzel Long in Detroit. Dance Party Sometimes office parties are fun. As in, there\u2019s dancing. But don\u2019t be that guy who drinks one too many wine spritzers and starts seeing visions of the dance floor in \u201cSaturday Night Fever.\u201d If you get hurt on the dance floor \u2013 or hurt someone else \u2013 whether workers\u2019 compensation applies will depend on where the party takes place, Hancock indicates. $ 0 0 2/27/25, 7:31 Sexual Harassment 13/49 \u201cIf the company has the party at a restaurant or other public place and there is a cash bar rather than an open bar, the injuries resulting from intoxication may not be covered by workers\u2019 comp,\u201d he says. \u201cEach state is different, but if it is a party run and supplied by the employer and especially if it is on the company premises, it is likely any injuries at the party will be covered by workers\u2019 comp,\u201d Hancock explains. Flower Shop, Hardware Shop: Dram Shop In general, if you get drunk at the party and hurt a co-worker, he or she would have several ways to recover legally. \u201cThe innocent bystander could go after dram shop liability if the employer provided the alcohol, just as if he might sue a bar who sold the inebriated individual alcohol,\u201d Hancock says. Dram shop liability arises under state laws that cover serving alcohol to a person who is already clearly drunk. \u201cThe injured employee or bystander could always go after premises liability,\u201d he adds, which means he\u2019d be suing the owner of the property where the injury occurred. And your co-worker could certainly sue you for negligence, especially if none of the other avenues work out Really Like Your Reindeer Sweater\u2026\u2019 Finally, what if your co-worker comes on too strong at the punch bowl? Simple teasing, offhand comments, or isolated incidents that are not very serious probably won\u2019t rise to the level of sexual harassment, according to the EEOC. \u201cHarassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted),\u201d explains the agency. It doesn\u2019t matter if the harasser is just a co-worker or happens to be the CEO; if it happens to you, alert your boss or the human resources department as soon as possible. \u201cIf there is any sexual harassment by a co-worker, that could be the basis for a claim if it is reported and the company does not act on it,\u201d says Hancock. \u201cIf it is reported and the company takes appropriate action, there is a good chance it will not lead to anything further.\u201d Image may be NSFW. Clik here to view. Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 search RSSing.com.... Search Professor Sues Law School That Called Him Safety Risk For Students 2/27/25, 7:31 Sexual Harassment 14/49 January 14, 2013, 6:09 am \u226b Next: Square Is Paying For Its Ex-COO's Legal Defense In Sexual Harassment Claim \u226a Previous: How To Enjoy Your Holiday Office Party Without Getting Sued Image may be NSFW. Clik here to view. onu law school law professor is suing the school that suspended him after he was accused of sexually harassing a student and a staff member. In his lawsuit, tenured professor Vernon Traster claims Ohio Northern University wrongfully suspended him because he was at the top of the pay scale. The school claims he was suspended because he posed a safety risk to students and staff, The Lima News reported last week. Traster, 65, has worked at the university for 36 years but was suspended without pay in March after school officials said he sexually harassed a student at his home and a staff member at her home. The student claims Traster \"asked her questions of a sexual nature and inappropriately touched her\" while she was working on university-related matters at his house, Lima News reported. The staff member claims Traster asked to come to her house to discuss his divorce and then tried to kiss and touch her. But Traster is saying the university tried to suspend him because he's too expensive and is claiming age and sex discrimination. He is asking for more than $75,000 in damages including back pay, according to the News. Neither Traster's lawyer nor the university immediately responded to Business Insider's request for comment. Ohio Northern University Claude W. Pettit College of Law is a non-ranked private law school with 311 students and 27 full- and part-time faculty members, according to U.S. News Education MISS: Mom Sues High School Over Half-Naked Pictures Of Her Daughter On Twitter > Please follow Law & Order on Twitter and Facebook. Join the conversation about this story \u00bb \u21a7 \u21a7 Square Is Paying For Its Ex-COO's Legal Defense In Sexual Harassment Claim January 29, 2013, 1:46 pm \u226b Next VALLEY: Ellen Pao, Accuser, Stands Up For Keith Rabois, Acc\u2026 $ 0 0 2/27/25, 7:31 Sexual Harassment 15/49 \u226a Previous: Professor Sues Law School That Called Him Safety Risk For Students Image may be NSFW. Clik here to view. Keith Rabois Square, the online-payments startup, is paying the legal expenses of Keith Rabois, the well-known Internet executive who resigned as its chief operating officer last Thursday after an employee claimed Rabois had harassed him. Rabois denied the accusations and said an offer by the employee's lawyer to settle the matter for millions of dollars \"felt like a shakedown.\" Ricardo Reyes, a company spokesperson, said Square had investigated the matter and \"found no evidence to support any claims.\" Richard Curiale of Curiale Wilson is representing both Square and Rabois in the matter, AllThingsD's Kara Swisher reported in an interview with Rabois on Friday, and Rabois has not hired separate counsel. Rabois said in a blog post that the potential lawsuit had created a \"distraction\" for the company. In a statement, Reyes said that Square had found that Rabois had \"exercised poor judgment that ultimately undermined his ability to remain an effective leader at Square.\" The employee, whose identity has not yet been made public, is represented by Steven Berger of Berger & Webb in New York. Berger has not responded to multiple requests for comment on the matter. It is standard for companies to indemnify employees (e.g., pay their legal expenses) except in cases of clear wrongdoing. So, at least for now, Square is putting its money where its mouth is in defending Rabois. Please follow on Twitter and Facebook. Join the conversation about this story VALLEY: Ellen Pao, Accuser, Stands Up For Keith Rabois, Accused January 29, 2013, 2:10 pm \u226b Next: Paralegal Says Park Avenue Lawyer Tried To Make Her His Third Wife \u226a Previous: Square Is Paying For Its Ex-COO's Legal Defense In Sexual Harassment Claim $ 0 0 $ 0 0 2/27/25, 7:31 Sexual Harassment 16/49 Image may be NSFW. Clik here to view. ellen pao kpcb On Twitter, Ellen Pao is defending Keith Rabois. Pao is the venture capitalist who accused Kleiner Perkins of retaliating against her for reporting an incident of sexual harassment after she broke off an affair with a partner. Rabois is the Internet executive who just stepped down as of Square, the payments startup, after admitting to a physical relationship with an employee lawyer representing the Square employee threatened Square with a lawsuit, prompting Rabois's resignation. While he denied wrongdoing, he admitted to the relationship and said the lawsuit would be a \"distraction\" to the company. While Pao did not comment specifically on the claims against Rabois, she said he was \"poised for greatness\" and cited a quote from Martin Luther King Jr.: The ultimate measure of a man is ... where he stands at times of challenge and controversy. Many people have drawn parallels between the Kleiner lawsuit and the Square incident. What they both illustrate is that people working in Silicon Valley frequently mix personal and professional ties. The ferocity of work and the insularity of the technology community all but guarantee some level of in-house fraternization, and it's rare to find policies restricting relationships, aside from when they involve a manager and a direct report. But Pao's support for Rabois is indicative of the high level of support he is getting from peers in the industry\u2014 even from one you might think would be sympathetic to his accuser. Pao and Rabois attended Harvard Law School simultaneously and graduated in the same year, though it's not clear they knew each other then. They are currently friends on Facebook. During the time Pao worked at Kleiner, the firm invested in Square. And last year, Kleiner hired away Megan Quinn, Square's director of product, as a partner. Here are Pao's tweets: .@rabois could not be better poised for greatness. dthin.gs/TuRNEe \u2014 Ellen Pao (@ekp) January 25, 2013 The ultimate measure of a man is ... where he stands at times of challenge and controversy keithrabois.tumblr.com/post/414631892\u2026 @rabois \u2014 Ellen Pao (@ekp) January 25, 2013 Please follow on Twitter and Facebook. Join the conversation about this story \u00bb 2/27/25, 7:31 Sexual Harassment 17/49 \u21a7 Paralegal Says Park Avenue Lawyer Tried To Make Her His Third Wife April 15, 2013, 10:56 am \u226b Next: Manager Of Army Sexual Harassment Program Arrested In Domestic Dispute \u226a Previous VALLEY: Ellen Pao, Accuser, Stands Up For Keith Rabois, \u2026 Image may be NSFW. Clik here to view. james ray Polygamy is illegal in the United States, but that didn't stop an entertainment lawyer from asking one of his paralegals to be his \"third wife,\" she claims in a lawsuit filed in Manhattan federal court. Sabrina Rafi, 27, claims in her sexual harassment lawsuit that her boss, James R. Ray, 50, bragged about having multiple wives and casually chatted with her about porn, the New York Post reports. \u201cHe was describing his sexual encounters with women. How he would say he met this woman at a club and she was from a Middle Eastern country,\u201d Rafi told the Post. \"He said, 'You're from a Middle Eastern background too.'\" Rafi went to work at Ray & Associates as a paralegal for $800 a month in December after graduating from American University's law school because of the terrible job market for lawyers, according to her complaint posted by Above the Law. Ray began sexually harassing her almost immediately, talking to her daily about his love for polygamy, she says. In January, Ray invited Rafi out to dinner at a midtown Korean restaurant and asked her if she'd like to become his third wife, according to the suit. When she insisted she had a boyfriend, he allegedly kept pressuring her and tried to get her to feed him with chopsticks. She ran out of the restaurant after he started talking about lesbian porn, Rafi says. After the dinner, she felt so uncomfortable that she wore several layers of clothing to work, she says in the suit actually felt sick working for him,\" she told the Post. She claims he fired her at the end of the month because of her clothing. Ray has not immediately responded to a request for comment. Ray runs Park Avenue law firm Ray & Associates and is a \"former boxing promoter, restaurant owner, and college professor,\" according to the firm's website. Join the conversation about this story \u00bb $ 0 0 2/27/25, 7:31 Sexual Harassment 18/49 \u21a7 Manager Of Army Sexual Harassment Program Arrested In Domestic Dispute May 16, 2013, 3:37 pm \u226b Next: An Employee Allegedly Said In 2009, 'If Had Dollar For Every Time Was Sexually Hara\u2026 \u226a Previous: Paralegal Says Park Avenue Lawyer Tried To Make Her His Third Wife Image may be NSFW. Clik here to view kentucky U.S. army officials have told the Associated Press that the manager of the sexual assault response program at Fort Campbell in Kentucky has been arrested on charges of violating an order of protection and stalking. According to officials, Lt. Col. Darin Haas has also been removed from his position as manager of a program meant to prevent sexual harassment and assault. Haas turned himself in Wednesday after his ex-wife complained that he had repeatedly contacted her Wednesday night despite orders of protection both have taken out against each other Twitter account that appears to belong to Haas referred to problems with his ex-wife in a tweet on the 21st of March. The news of Haas's arrest comes just days after an allegedly inebriated Air Force Lt. Col. Jeff Krusinski \u2014 the Chief of Sexual Assault Prevention for the whole service \u2014 was arrested under suspicion of sexual battery for an incident that occurred in Arlington May 5 soldier in the program at Fort Hood was arrested this week for pandering, abusive sexual contact, assault and maltreatment of subordinates. The mission of the military's Sexual Assault Prevention and Response program is to \"develop and implement innovative prevention and response programs.\" After the arrest of Krusinksi, the military announced it would be members of the program would be retrained, re-credentialed and rescreened. The U.S. military has been under fire the last few years about the troubling rise of sexual assaults, and the glaring lack of disciplinary action in many of the assault cases. Join the conversation about this story \u00bb \u21a7 \u21a7 An Employee Allegedly Said In 2009, 'If Had Dollar For Every Time Was Sexually Harassed $ 0 0 2/27/25, 7:31 Sexual Harassment 19/49 At Would Be Millionaire' June 6, 2013, 11:52 am \u226b Next: All Officers Should Listen To The Australian Army Chief's Brutal Sexual Assault Video Message \u226a Previous: Manager Of Army Sexual Harassment Program Arrested In Domestic Dispute Image may be NSFW. Clik here to view. steve phillips Deadspin's Josh Koblin just published a long article about the 2009 affair between ex baseball analyst Steve Phillips and ex production assistant Brooke Hundley. There are dirty text messages, stories about oral sex in Target parking lots, and more. One of the most interesting parts of it is an alleged quote from production coordinator Joya Caskey about the sex culture at the company before the Phillips affair blew up. In a court deposition, Hundley said that she talked to Caskey immediately after her first kiss with Phillips in 2009. Caskey told her, according to Hundley's account, \"Get used to it, kid. If had a dollar for every time was sexually harassed at would be a millionaire.\" Both Caskey and an representative remembered the quote differently. Caskey said in a meeting with that the she told Hundley, \"This is television. That's what happens. It goes with the industry.\" The rep said in a deposition that Caskey told her the quote was, \"Get used to it. This is the culture of ESPN.\" Regardless of what the exact quote was, the point is that the environment at in 2009 was tolerant of the sort of affair that Phillips and Hundley had. By all accounts, that environment has shifted dramatically since the last four years as a direct result of the affair. The company now has a zero-tolerance policy on sexual conduct. Andrew Miller, the author of These Guys Have All The Fun, told Koblin, \"Phillips/Hundley didn't have a chilling effect on the culture,\" Miller said. \"It created an ice age gave Deadspin this statement about the alleged Caskey quote: \"Those comments do not accurately reflect the culture or the company's continued commitment to employees. We acted forcefully then and continue to be diligent about maintaining the most comfortable work environment for all.\" Read the entire Deadspin article here > $ 0 0 2/27/25, 7:31 Sexual Harassment 20/49 Join the conversation about this story \u00bb \u21a7 All Officers Should Listen To The Australian Army Chief's Brutal Sexual Assault Video Message June 13, 2013, 10:52 am \u226b Next: '90210' Crew Member Says She Was Threatened Into Sex With Boss \u226a Previous: An Employee Allegedly Said In 2009, 'If Had Dollar For Every Time Was Sexually H\u2026 Male members of the Australian army also have a problem with sexual misbehavior, it seems report by Elizabeth Broderick in the Sydney Morning Herald outlines how male members of the Australian army are under investigation for producing and distributing \"explicit emails and photos that demean and denigrate women.\" Worse yet, the explicit material was distributed to the internet via military networks. The number of men under investigation has reached a staggering 100, to include \"senior officers.\" Chief of the Army Lieutenant-General David Morrison has a few things to say to about the matter in a video released June 12: \"[Women] are vital to us maintaining our capability now, and in the future. If that does not suit you, then get out. You may find another employer where your behavior is acceptable, but doubt it will be ruthless in ridding the army of people who cannot live up to its values.\" And there's more, watch: $ 0 0 2/27/25, 7:31 Sexual Harassment 21/49 90210 cast Join the conversation about this story \u00bb \u21a7 search RSSing.com.... Search '90210' Crew Member Says She Was Threatened Into Sex With Boss July 3, 2013, 8:45 am \u226b Next: Despite Sexual Harassment Accusations, San Diego Mayor Will Headline Conference On Military \u2026 \u226a Previous: All Officers Should Listen To The Australian Army Chief's Brutal Sexual Assault Video Mess\u2026 Image may be NSFW. Clik here to view. If this weren't a lawsuit involving \"90210,\" it certainly would have made a great script for the recently canceled drama. In a complaint filed in Los Angeles Superior Court on Friday, Jamie Squillare claims that she was pressured for sex by the show's art-department leadman \u2014 and that the show did nothing to stop the alleged harasser's unwanted advances. $ 0 0 2/27/25, 7:31 Sexual Harassment 22/49 In the suit, Jamie Squillare claims that Michael Sunga, the leadman \u2014 the person responsible for the props and set dressers on set \u2014 promised to hire Squillare if she had sex with him. Oh, and he also wanted Squillare's first month in wages in exchange for the job, the suit claims. Squillare claims to have complied with the monetary aspect of the alleged agreement, cutting two checks to Sunga. However, the suit claims, almost as soon as Squillare began working on the series, Sunga \"threatened to terminate her employment unless she agreed to be his girlfriend.\" \"Ms. Squillare initially resisted, but in response to Mr. Sunga's constant threats, eventually obliged,\" the suit reads. The complaint alleges that Sunga \"flaunted his relationship\" with Squillare to his supervisor, Suzette Sheets, and \"regularly tried to touch and kiss Ms. Squillare in public during the course of each workday.\" The suit claims that Squillare blocked Sunga's advances. The nightmare grew worse, the suit alleges. According to the complaint, Sunga \"incessantly badgered\" Squillare to let him spend Christmas 2012 with her and her family in New Jersey and, in retaliation for being spurned \u2014 and Squillare's \"unwillingness to engage in various illegal schemes\"\u2014 Sunga \"refused to tender her paycheck when it became due.\" He also spread a rumor on the set that Squillare had given him an STD, according to the complaint. The suit claims that Sunga's supervisor and other employees on the show were aware of Sunga's \"inappropriate conduct\" toward Squillare, but no steps were taken to prevent it. Squillare's suit says that Sunga fired her on Jan. 1, 2013, roughly six months after she started the \"90210\" gig Television Studios, which is also named in the suit along with Sunga Management Services, Eye Productions and 90210 Productions, told TheWrap that it had just become aware of the suit. \"We were just made aware of these allegations, therefore it is premature for us to comment at this time,\" the company said. Alleging sexual harassment, failure to prevent discrimination, wrongful termination, retaliation and failure to pay wages, Squillare is seeking unspecified damages. Pamela Chelin contributed to this report ALSO: Where Are They Now: The Original Cast Of \"Beverly Hills, 90210\" Join the conversation about this story \u00bb \u21a7 Despite Sexual Harassment Accusations, San Diego Mayor Will Headline Conference On Military Sexual Assault July 17, 2013, 10:53 am \u226b Next: San Diego Mayor Bob Filner Is Being Sued For Sexual Harassment By His Former Communications\u2026 \u226a Previous: '90210' Crew Member Says She Was Threatened Into Sex With Boss 2/27/25, 7:31 Sexual Harassment 23/49 Image may be NSFW. Clik here to view. attached image San Diego Mayor Bob Filner is embroiled in controversy, facing accusations of sexual harassment and groping. He stands accused of said he forcibly kissed two female constituents and grabbed the buttocks and breast of a female staff member. So now is probably not the best time to serve as the keynote speaker for a conference on sexual assault in the military. Filner is slated to speak at the National Military Women Veterans Association of America\u2019s benefit against military sexual assault, sexual harassment and violence next month. The event was initially called the Bob Filner Lifetime of Leadership Benefit Gala, but the group wisely thought better of that press release on the association\u2019s Facebook page reads as follows: Due to the recent events of allegations of sexual harassment, admission of inappropriate behavior by the Mayor and his personal cry for help, National Women Veterans Association of America has removed the mayor from being honored at the benefit gala to support the Military Sexual Assault Community. Image may be NSFW. Clik here to view. flyer This is good, but wait for the next line: \u201cHe is now the keynote speaker on these injustices.\u201d This from a man who described himself in a recent interview on in San Diego as \u201ca very demonstrative person express myself very demonstratively, I\u2019m a hugger.\u201d It\u2019s unclear whether Filner will even still be mayor by the time the event rolls around late next month. While he has so far resisted calls to resign, he has also not denied the accusations. In a July 11 YouTube video produced by the city, Filner said his behavior was inappropriate and wrong and he needs help ALSO: The Air Force 'Chief Of Sexual Assault Prevention' Just Got Busted \u2014 For Sexual Battery Join the conversation about this story \u00bb \u21a7 $ 0 0 2/27/25, 7:31 Sexual Harassment 24/49 \u21a7 San Diego Mayor Bob Filner Is Being Sued For Sexual Harassment By His Former Communications Director July 23, 2013, 11:12 am \u226b Next: San Diego Mayor Allegedly Harassed Female Military Sexual Assault Victims \u226a Previous: Despite Sexual Harassment Accusations, San Diego Mayor Will Headline Conference On Milit\u2026 Image may be NSFW. Clik here to view. AP423248309316SAN (AP) \u2014 Irene McCormack Jackson says she endured months of harassment from Mayor Bob Filner while serving as his communications director, and the turning point came at a staff meeting in June when another top aide confronted the mayor over his behavior and quit. \"You are running a terrible office. You are treating women in a horrible manner. What you are doing may even be illegal,\" Allen Jones, then Filner's deputy chief of staff and a longtime confidante, is quoted saying in a sexual harassment lawsuit filed by McCormack. McCormack chimed in agree with Allen. You are horrible.\" When the mayor challenged her for an example, she said she replied, \"How about when you said that should take my panties off and work without them.\" The episode is described in the lawsuit McCormack filed Monday against Filner, dealing another blow to San Diego's first Democratic leader in 20 years. His own party appears split on his leadership, though many Democrats have joined Republicans in calling for the former 10-term congressman to resign less than eight months into a four-year term. McCormack is the first person to publicly identify herself as a target of Filner's advances, suing nearly two weeks after some of the mayor's prominent former supporters said he sexually harassed women and demanded he resign. Filner rejected McCormack's claims in a brief statement that once again signaled he had no plans to step down. He didn't address any specific allegations do not believe these claims are valid. That is why due process is so important intend to defend myself vigorously and know that justice will prevail,\" he said. McCormack worked for nine years at the Port of San Diego, most recently earning $175,000 a year as vice president of public policy, and was previously a journalist for 25 years. She took an annual pay cut of $50,000 to join Filner's inner circle in January San Diego, the city's dominant newspaper and her onetime employer, editorialized that she came across as \"composed and highly credible\" at a news conference Monday with her high-profile attorney, Gloria Allred. $ 0 0 2/27/25, 7:31 Sexual Harassment 25/49 \"She is well-known, liked and respected in the city's political, business and media circles,\" the newspaper wrote in an editorial that concluded, \"Unless there is a dramatic development helping Filner, we suspect the conventional wisdom about the difficulty of mounting a successful mayoral recall will soon change.\" The lawsuit brought renewed calls from two city councilmen for Filner to step aside. Kevin Faulconer and Todd Gloria said the mayor's office was paralyzed. \"This is taking critical attention from the issues that affect San Diego families,\" said Gloria, a Democrat who, as council president, would be interim mayor if Filner resigned. McCormack says in her lawsuit filed in San Diego Superior Court that the leader of the nation's eighth-largest city demanded kisses and dragged her around in headlocks while whispering sexual advances. In February, he allegedly put McCormack in a headlock while they rode an elevator with a police officer who was adjusting his handcuffs, prompting him to tell her, \"You know what would like to do with those handcuffs?\" On another elevator ride, Filner allegedly said, \"Wouldn't it be great if you took off your panties and worked without them on?\" The lawsuit says Filner asked McCormack to marry him, including once while he had her in a strong headlock during a doughnut break at a constituent event in April. The 70-year-old divorced man was engaged at the time to Bronwyn Ingram, who announced this month that she ended the relationship. While reviewing a draft press release in June, Filner allegedly asked McCormack for a kiss and said am infatuated with you. When are you going to get naked?\" When she asked him to leave her office, the lawsuit says he responded can go anywhere want, any time want.\" No one had publicly identified herself as a target of Filner's advances until Monday. Last week, former supporters said Filner forcibly kissed a campaign volunteer on a public sidewalk and groped her in her car. Another constituent who attended a mayoral event at City Hall said Filner took her to an enclosed area, dismissed a staff member, asked her on a date and kissed her. An employee who worked for the mayor for six months complained that Filner grabbed her buttocks and touched her chest, according to the former supporters. McCormack, who now works for the city in a job that doesn't report to the mayor, said she saw Filner \"place his hands where they did not belong on numerous women.\" Her lawsuit said, without elaborating, that three women had to be driven home because of his \"abusive treatment\" and five schedulers resigned over his behavior. After the initial allegations surfaced, Filner apologized for disrespecting and sometimes intimidating women need help,\" he declared. On Friday, he welcomed the San Diego County Sheriff's Department's decision to open a hotline to take calls from any possible victims of his misconduct, saying \"some of these allegations will finally be addressed by an appropriate investigative authority rather than by press conference and innuendo.\" Copyright (2013) Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.Image may be NSFW. Clik here to view. Join the conversation about this story \u00bb \u21a7 2/27/25, 7:31 Sexual Harassment 26/49 San Diego Mayor Allegedly Harassed Female Military Sexual Assault Victims August 7, 2013, 4:09 pm \u226b Next: San Diego Mayor Bob Filner Is Every Type Of Creepy \u226a Previous: San Diego Mayor Bob Filner Is Being Sued For Sexual Harassment By His Former Communicat\u2026 Image may be NSFW. Clik here to view. attached image Two new women have joined the growing ranks of people who say that San Diego Mayor Bob Filner sexually harassed them, according to a new report from Kyung Lah with CNN. But this time, the women are veterans of the armed forces who were victims of military sexual assault, who Filner encountered in an official capacity while serving as a political advocate for veterans. Eldonna Fernandez and Gerri Tindley say that they met Filner in August of last year at an event for the National Women's Veterans Association of America. At the time, Filner was a congressman. He served 20 years in the House and even served as the chairman of the Veterans Affairs Committee. Last year, Filner was at an event hosted by the National Women's Veterans Association of America where Tindley spoke at the event on her trauma of being raped while she was in the Army. She said that after she spoke, Filner sat down next to her on a couch and got \u201cas close as he could\u201d to her. He rubbed her like he was consoling her. Later, Filner left a voicemail for Fernandez, who he had exchanged numbers with at the event. \"Hi, it's your newly favorite congressman, Bob Filner. You know, the one who fell in love with you at your last speech,\" he said don't want to wait 'til you come back to have dinner with you.\u201d Fernandez, a more than 20 year veteran of the Air Force, was raped three times on active duty. Filner was originally supposed to be the guest of honor at the National Women's Veterans Association of America event for this year as well. The organization initially stood by him amidst the allegations of sexual harassment, but later dropped him from the event. Watch the report: $ 0 0 2/27/25, 7:31 Sexual Harassment 27/49 Filner ALSO: Now The National Democratic Party Is Calling On San Diego's Mayor To Resign After Sexual Harassment Allegations Join the conversation about this story \u00bb \u21a7 San Diego Mayor Bob Filner Is Every Type Of Creepy August 8, 2013, 2:41 pm \u226b Next: Now Great-Grandmother Is Accusing San Diego Mayor Bob Filner Of Sexual Harassment \u226a Previous: San Diego Mayor Allegedly Harassed Female Military Sexual Assault Victims Image may be NSFW. Clik here to view. Gloria Allred was in San Diego again, introducing citizens, reporters, and gawkers to the 11thwoman with a story of sexual harassment from Mayor Bob Filner. The new accuser was a nurse who met with Filner in June to secure help for\u2014wait for it\u2014an Iraq War veteran suffering from brain injuries. Filner, according to the nurse, asked everyone else to leave the room so he could flirt want you to go out to dinner with me,\u201d said Filner, according to Allred. \u201cWill you go to dinner with me if help your Marine?\u201d $ 0 0 2/27/25, 7:31 Sexual Harassment 28/49 Lori Salda\u00f1a was watching Allred\u2019s press conference on her iPhone, streaming the video between meetings. Her disgust was magnified by the predictability of the whole thing. In 2011, while still in the California Assembly, Salda\u00f1a told San Diego County Democratic Party Chairman Jess Durfee that Filner had been \u201charassing women and acting inappropriately.\u201d The stories she heard then sounded like the one she heard now: Filner was picking a moment in a professional meeting when a woman could be \u201cisolated from others in the group\u201d and subjected to his charms. \u201cDurfee is a gay man, so don\u2019t know that he understood the power dynamics,\u201d speculates Salda\u00f1a. \u201cThe dynamics were completely unequal. Filner was propositioning women who needed his help. Of course they weren\u2019t coming forward themselves. But was told heard rumors about you and Bob not getting along,\u2019 which was true. Bob apparently told him there was nothing to it because nobody had ever filed an ethics complaint.\u201d That was Filner\u2019s defense, according to Durfee. It looked like the public record against her word, and she\u2019d been clashing with Filner on policy for a while, anyway. \u201cWhen Lori approached me to basically say something negative about Bob Filner,\u201d Durfee says started with a certain amount of skepticism. My response was I\u2019d be happy to talk to any of these individuals.\u201d The only story Durfee could corroborate, of Escondido\u2019s mayor being hit on by Filner, didn\u2019t really rise to the level of sexual harassment. \u201cHad gone before any group of Democrats and said that this was the case against Filner would have been laughed at. That was basically what had to work with.\u201d Bob Filner spent 20 years in the House of Representatives. At no time did any colleagues file ethics complaints against him. Some staffers for other members of Congress or campaigns call him \u201ccreepy\u201d or say his overestimation of his own wittiness led him to say odd things to women. So Washington isn\u2019t drop-dead shocked at what Filner did. It just doesn\u2019t look like what he did around the Capitol. Conservatives watching this scandal wonder if Filner\u2019s colleagues are engaged in a cover-up. They remember how Republican Rep. Mark Foley was rushed out of Congress right before the 2006 elections, after former pages came out and said he\u2019d used his status to hit on them. They also point to Hilary Rosen, a Democrat-around-town and contributor who repeated what \u201cformer members\u201d told her at dinner last month. \u201c[They] said this guy has kind of been this way all along,\u201d said Rosen, \u201cthat everybody thought he was a little creepy.\u201d But Filner\u2019s ultra-slow-motion downfall\u2014he\u2019s working through nine more days of \u201ctherapy\u201d on the city\u2019s dime \u2014tells us just how long you can get away with being a creep in politics. The tolerance for mild creepiness is quite high, because your victims don\u2019t know how much of it they\u2019re expected to put up with. The tolerance is higher if you save the high-level grossness for your district, instead of doing it in full view of the D.C. press corps and your colleagues. For a while, Filner pulled this off. He wasn\u2019t a terribly popular member of his party; when Democrats won back Congress in 2007, he had to fight Maine Rep. Mike Michaud for the chairmanship of the House veterans affairs committee, and only beat him 24-20 in the steering committee. Nobody brought up any accusations of sexual harassment. The argument was that Filner was abrasive and didn\u2019t play well with Republicans. The first part of that was borne out quickly, after Filner attacked a Dulles baggage handler over lost luggage. The victim actually appeared in an anti-Filner ad last year; Filner won anyway. The nasty side of Filner was easier to spot when he returned home. In 2004, when she was working her way up in California politics, Salda\u00f1a had dinner with the congressman. \u201cIt was the most awkward dinner I\u2019ve ever had,\u201d she remembers heard him make disparaging remarks about the women he was serving with. \u2018She dresses like a hooker\u2019\u2014stuff like that, comments on women\u2019s appearances. ... Which ones don\u2019t even want to get into the details and embarrass them.\u201d So Filner was reckless in front of a Democrat he barely knew. He was, apparently, more careful in D.C., and that separated him from the members who\u2019d brought themselves down during his tenure. Mark Foley fixated on pages who worked on the Hill and lived nearby. Eric Massa \u201ctickled\u201d three staffers, who took their stories to the House ethics committee. Both of those incidents spurred the usual \u201cand when did you know it\u201d questions to 2/27/25, 7:31 Sexual Harassment 29/49 Remove search RSSing.com.... Search party leaders, questions that conservatives want the media to ask Democrats. The D.C. Democrats plead ignorance, and indeed, the harassment and flirtations that people know about all happened somewhere else. But for a while the same had been true of Massa. After his 2010 ethics complaint emerged, Joshua Green talked to Massa\u2019s former subordinates in the Navy about the \u201cspecial massages\u201d he\u2019d offer/inflict upon them. He was \u201cnotorious\u201d for this, but he didn\u2019t get caught. \u201cMassa\u2019s shipmates didn't turn him in for fear that he would retaliate.\u201d Filner\u2019s alleged victims weren\u2019t able to retaliate, either. One was a university administrator with a question about land use near the Naval Training Center. One, Gerry Tindly, was an Army veteran and rape survivor who\u2019d just given a speech about her horror at a \u201chealing and hiring fair.\u201d When Filner came onto her, she wondered what could happen if she exposed him. \u201cWhat am gonna say?\u201d she told CNN. \u201cYou\u2019re a congressman. What am gonna say to you? What am gonna say to this man? Can he destroy my life, can he stop me from moving forward?\u201d He couldn\u2019t, it turned out, but what made him act that way? For most of his career Filner was married, and his second wife lived in D.C. \u201cHe might have been constrained there,\u201d says Salda\u00f1a. \u201cWhen served on the [California] Assembly ethics committee heard a lot of complaints, but found that if there was a spouse in closer proximity to a member, it reduced the problems like this.\u201d But in his final term in Congress, before he ran for mayor, Filner got divorced. In 2012, when meeting with gay activists, he half-joked that his lousy adventures with matrimony made him unsympathetic about marriage rights. \u201cAs a heterosexual person who\u2019s been married, you can take quite a cynical view of marriage and wonder why would you want to,\u201d Filner said. \u201cThe last one took all my money; all my property.\u201d Filner wasn\u2019t just dropping warning signs. He was buying a 500-foot billboard and scrawling the word \u201cWARNING\u201d across it in day-glo colors. He might have expected that the niceties of politics, the lack of complaints against him, and a focus on women far from the spotlight would protect him. For quite a while, it did. Salda\u00f1a ended up endorsing Filner for mayor. \u201cAt that point in time,\u201d says Durfee was thinking, well, just how seriously was she about Bob Filner?\u201d Join the conversation about this story \u00bb \u21a7 Viewing all 561 articles Page 2 Browse latest View live 2/27/25, 7:31 Sexual Harassment 30/49 2/27/25, 7:31 Sexual Harassment 31/49 2/27/25, 7:31 Sexual Harassment 32/49 2/27/25, 7:31 Sexual Harassment 33/49 2/27/25, 7:31 Sexual Harassment 34/49 2/27/25, 7:31 Sexual Harassment 35/49 2/27/25, 7:31 Sexual Harassment 36/49 2/27/25, 7:31 Sexual Harassment 37/49 2/27/25, 7:31 Sexual Harassment 38/49 2/27/25, 7:31 Sexual Harassment 39/49 2/27/25, 7:31 Sexual Harassment 40/49 \u0633\u0631\u0641\u06c1\u0631\u0633\u062a \u0627\u06cc\u067e\u0633 \u062c\u0648 \u0622\u067e \u06a9\u06cc \u0622\u0645\u062f\u0646\u06cc \u06a9\u0648 \u0628\u0691\u06be\u0627\u0646\u06d2 \u0645\u06cc\u06ba \u0645\u062f\u062f \u06a9\u0631 \u0633\u06a9\u062a\u06cc \u06c1\u06cc\u06ba\u06d4 \u0688\u0627\u0644\u0631 \u06a9\u0645\u0627\u0646\u06d2 \u06a9\u06d2 \u0644\u0626\u06d2 \u06a9\u0633 \u0686\u06cc\u0632 \u06a9\u06cc \u0636\u0631\u0648\u0631\u062a100 \u0622\u067e \u06a9\u0648 \u0622\u0646 \u0627\u0644\u0626\u0646 \u06c1\u06d2\u06d4 \u0688\u0627\u0644\u0631 \u06a9\u0645\u0627\u0646\u06d2 \u06a9\u0627 \u0637\u0631\u06cc\u0642\u06c1100 \u06af\u06be\u0631 \u0628\u06cc\u0679\u06be\u06d2 \u0631\u0648\u0632\u0627\u0646\u06c1Critics Hated It, But Demi\u2019s $12.5M Striptease Changed Everything Key Practices To Cultivate Joy In Your Relationship Marissa Dubois: 6 Things That Will Blow Your Mind About The Star 2/27/25, 7:31 Sexual Harassment 41/49 \u0633\u0631\u0641\u06c1\u0631\u0633\u062a \u0627\u06cc\u067e\u0633 \u062c\u0648 \u0622\u067e \u06a9\u06cc \u0622\u0645\u062f\u0646\u06cc \u06a9\u0648 \u0628\u0691\u06be\u0627\u0646\u06d2 \u0645\u06cc\u06ba \u0645\u062f\u062f \u06a9\u0631 \u0633\u06a9\u062a\u06cc \u06c1\u06cc\u06ba\u06d4 Gpacalculatorbd \u0688\u0627\u0644\u0631 \u06a9\u0645\u0627\u0646\u06d2 \u06a9\u0627 \u0637\u0631\u06cc\u0642\u06c1100 \u06af\u06be\u0631 \u0628\u06cc\u0679\u06be\u06d2 \u0631\u0648\u0632\u0627\u0646\u06c1 Gpacalculatorbd Critics Hated It, But Demi\u2019s $12.5M Striptease Changed Everything Herbeauty 2/27/25, 7:31 Sexual Harassment 42/49 Vampire Diaries Scenes That Left Fans Breathless Herbeauty 2/27/25, 7:31 Sexual Harassment 43/49 Mom Covered Baby In Tattoos And The Internet Is Shocked! Herbeauty Key Practices To Cultivate Joy In Your Relationship Herbeauty What Happens When You Eat Banana First Thing In The Morning? Herbeauty 2/27/25, 7:31 Sexual Harassment 44/49 Habits That Will Keep Your Relationship Hot And Exciting Herbeauty 2/27/25, 7:31 Sexual Harassment 45/49 Top Celebs Who Spoke Frankly About Taking Weight Loss Products Herbeauty Discover The Real Reason Men Can\u2019t Resist Curvy Women Herbeauty Watching This Bombshell Walk Will Make Your Head Spin Herbeauty 2/27/25, 7:31 Sexual Harassment 46/49 Everyday Challenges Only Busty Women Will Understand Herbeauty 2/27/25, 7:31 Sexual Harassment 47/49 Remember Lizzie? Take Deep Breath Before You See Her Now Buzz Day The 9 Secrets Every Couple Needs For Happier Relationship Herbeauty J. D. Vance's House Is Far From What You'd Expect - Take Look Buzz Day 2/27/25, 7:31 Sexual Harassment 48/49 RSSing>> Latest Popular Top Rated Trending \u00a9 2025 // 2/27/25, 7:31 Sexual Harassment 49/49", "7292_102.pdf": "Columbia counters student harassment, firing claim In its response, Columbia denied most of Ph.D. student Alberto Leguina\u0000s harassment and wrongful termination claim, as both sides prepare for a trial scheduled to begin no later than March. By 8, 2012 4:50 Share 2/27/25, 7:31 Columbia counters student harassment, firing claim 1/8 Photo by unknown / Columbia has filed a response in the lawsuit lodged by Alberto Leguina, a former Ph student in medicine. Columbia has responded to the lawsuit filed by Ph.D. student Alberto Leguina, who claims he was sexually harassed by his Medical Center supervisor and then unfairly fired in June after complaining to the University. The University filed a counterclaim on Sept. 24, to which Leguina responded on Friday. The case is set to be tried by jury but could begin as late as March 2013. Leguina alleged that after he rejected the advances of Qais Al-Awqati, a professor of medicine, nephrology, and hypertension, the supervisor grew angry with his student. According to the lawsuit, another supervisor and a human resources representative failed to support him or help him file a complaint which Leguina contended eventually led to his firing. While Columbia denied most of the original claim, it acknowledged that \"on or about March 9, 2012 in the late afternoon, Dr. Al-Awqati sent a message via Grindr, an all male location-based social network application, to an anonymous individual he later determined to be Leguina and that the two had a written exchange that included the exchange of photographs.\" Despite the statement that Al-Awqati sent the Grindr message to an anonymous person, Leguina's Grindr profile at the time\u2014a screen shot of which was provided by Leguina to Spectator\u2014included a photograph of the student's face. On the advice of his lawyer, Leguina declined an interview after Columbia's response was filed, but said in an email that both sides were continuing to gather evidence and that a forensic investigation was run on both his and Al-Awqati's cell phones Columbia spokesperson also declined to comment because the University does not comment on pending litigation. Al-Awqati and Leguina's other supervisor, professor of clinical medicine Rosemary Sampogna, each deferred to the spokesperson, and Mayra Marte-Miraz, the representative and the other defendant in the case, did not respond to requests for comment. Columbia's official response also states that \"Sampogna and Marte-Miraz deny knowledge or information sufficient to form a belief as to the truth of the allegations\" regarding the Grindr message. Leguina told Spectator before the response was filed that he showed Sampogna the message from Al-Awqati shortly after receiving it to help confirm its authenticity. 2/27/25, 7:31 Columbia counters student harassment, firing claim 2/8 Al-Awqati, who filed a separate response from Columbia, also denied most allegations made by Leguina. In his defense, he claimed that his decisions \"were taken for legitimate business reasons and totally unrelated to plaintiff's gender or sexual orientation,\" according to court documents. The University's counterclaim alleges that Leguina remains in possession of a laptop that Sampogna ordered for him shortly after he complained about Al-Awqati. Columbia asked Leguina to return the laptop last month but the student has not done so, and the counterclaim asks Leguina to return it in addition to paying attorney's fees. Leguina said last month that when he first received the computer, he was skeptical and considered it an extravagant gift, but Sampogna told him the laptop was his to take home. Leguina said that no one ever asked him to sign any paperwork regarding the laptop, leading him to believe he could keep it. While court proceedings continue, Leguina plans to return to his home in Chile at the end of the month because he can no longer afford to live in New York. He said he would return to the United States as needed to continue pursuing the case. The next case management conference is set for Feb. 15, 2013. [email protected] Update, 5:30 p.m.: This article was updated to clarify the terms of Columbia's counterclaim. More In News 2/27/25, 7:31 Columbia counters student harassment, firing claim 3/8 Transport Workers Union \u2018blasts\u2019 sit-in protesters for alleged assault of public safety officer 27 Chinese international student reports stolen and vandalized package as act of racial discrimination 27 2/27/25, 7:31 Columbia counters student harassment, firing claim 4/8 Pro-Palestinian protesters picket outside Barnard, demand reversal of student expulsions 27 Editor's Picks 2/27/25, 7:31 Columbia counters student harassment, firing claim 5/8 Spectator announces 149th managing board 11, 2024 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 2/27/25, 7:31 Columbia counters student harassment, firing claim 6/8 Our Campus. Our Crisis 4, 2024 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 2/27/25, 7:31 Columbia counters student harassment, firing claim 7/8 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/27/25, 7:31 Columbia counters student harassment, firing claim 8/8", "7292_103.pdf": "\u2018Poison\u2019 Ivy: \u2018Sex\u2019 suit against Columbia By Yoav Gonen Published Sep. 18, 2012, 4:00 a.m Gene Hackman\u2019s daughter suspects he and wife died of carb\u2026 Slain Cal Fire captain pleaded for her life in chilling Ring video as\u2026 Wann Sarah by fed News Metro Long Island Politics World News 2/27/25, 7:32 \u2018Poison\u2019 Ivy: \u2018Sex\u2019 suit against Columbia 1/8 brainy Columbia University doctoral student claims his medical supervisor gave him a $5,000 computer to apologize for having sexually harassed him \u2014 but then fired him for filing a complaint, according to court papers. Chilean native Alberto Leguina says he was a week into his gig as staff associate under Qais Al- Awqati, a professor of medicine at the Ivy League school, when he got a request via the gay iPhone app Grindr asking if he \u201cwould date an older man & AXED: Doctoral student Alberto Leguina (above) says he was harassed and fired by Professor Qais Al- Awqati. 2/27/25, 7:32 \u2018Poison\u2019 Ivy: \u2018Sex\u2019 suit against Columbia 2/8 The solicitation allegedly came in the spring with a photo of Al-Awqati. Professor Qais Al- Awqati & AXED: Doctoral student Alberto Leguina (left) says he was harassed and fired by Professor Qais Al- Awqati. ( ) Before you go ... 2/27/25, 7:32 \u2018Poison\u2019 Ivy: \u2018Sex\u2019 suit against Columbia 3/8 Leguina claims when he rebuffed the advance, the professor responded have many guys as beautiful and as young as you.\u201d The longtime professor then allegedly stormed out of his office and screamed, \u201cYou are out!\u201d at Leguina, which led the panicked 25-year-old to file a complaint with Human Resources, according to a suit filed in Manhattan federal court. The filing states that instead of launching an investigation, Department of Medicine officials threatened the young researcher. Just months later, Leguina lost his $12,000 post based on negative feedback from the department. Al-Awqati, citing university policy, referred questions to the school\u2019s Public Affairs Department spokesman noted the school\u2019s \u201cstrong policies\u201d against sexual harassment and retaliation, but said he couldn\u2019t comment because of the lawsuit. 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All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Gene Hackman\u2019s wife found mummified and bloated by workers who hadn\u2019t seen couple for two weeks: cops Before you go ... 2/27/25, 7:32 \u2018Poison\u2019 Ivy: \u2018Sex\u2019 suit against Columbia 8/8", "7292_104.pdf": "Ph.D. student alleges he was sexually harassed, unfairly fired Medicine Ph.D. student Alberto Leguina is filing a lawsuit claiming the University mishandled his complaints of sexual harassment by his lab supervisor, and unfairly fired him in June. By 17, 2012 6:04 Share 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 1/11 Photo by unknown / Alberto Leguina, a former Ph.D. student at the Medical Center, has alleged his supervisor sexually harassed him. When Alberto Leguina arrived at Columbia from his native Chile last March to pursue his Ph.D., he expected to work hard, spend lots of money on expensive food, and maybe find rats or bugs in his New York apartment. Instead, in the span of three months, he said he found himself sexually harassed by his supervisor, shunned by a Columbia human resources officer, and fired from his dream job. Leguina, 25, has filed a lawsuit against the University claiming that he was unfairly fired after he complained that he was sexually harassed by his supervisor, Qais Al- Awqati, a professor of medicine, nephrology and hypertension at the Medical Center. Shortly after Leguina began working as a staff associate in the division of nephrology in the department of medicine, he said, Al-Awqati harassed him. Leguina reported the incident to his other supervisor, assistant professor of clinical medicine Rosemary Sampogna, who then directed him to human resources representative Mayra Marte- Miraz, director of operations for the department of medicine. According to Leguina, Marte-Miraz said she would help him file a formal complaint with the Office of Equal Opportunity and Affirmative Action, which handles investigations against faculty and staff in cases of discrimination and harassment. Leguina said he never met with anyone from and that Sampogna turned hostile after he asked for further help. Leguina continued working in the lab, but in June, Columbia fired him without notice or explanation, according to the lawsuit Columbia spokesperson declined to comment, citing pending litigation. Al-Awqati deferred comment to the spokesperson, and Sampogna and Marte-Miraz did not respond to requests for comment. In addition to granting Spectator an interview, Leguina provided extensive documentation of his story, including emails and text messages between himself and Marte-Miraz as well as with his supervisor in Chile. Leguina's story is the second Spectator has reported this year describing the University's lack of response to sexual harassment complaints against its employees was all by myself' 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 2/11 After his first few days at Columbia, Leguina had not seen much of Al-Awqati but was working well with Sampogna, his immediate supervisor. On March 9, Leguina received a message on Grindr, a smartphone application for gay and bisexual men looking to meet others, asking him if he \"would date an older man,\" according to the lawsuit filed in U.S. District Court for the Southern District of New York on July 27. Leguina, uninterested, said he ignored the message, and when it was followed by a picture of Al-Awqati, he figured it was a prank. However, the response convinced him the message really was from the professor have many guys as beautiful and as young as you,\" Al-Awqati responded on Grindr, according to the lawsuit. \"So it is not a joke. You need to have better manners when in New York. Maybe in Argentina or Chile, you are a spoiled Mamma's boy.\" Leguina said he was confused\u2014was this really one of the leading experts in hypertension? \"Qais Al-Awqati was the one who wanted to work with. He's a reference for me,\" he said. \"It was my dream was doing what wanted was working on what wanted, with whom really wanted to work.\" While Leguina did not have screenshots of the exchange, he said that he was working to get Grindr to provide them for trial. As soon as Leguina rejected the advance, Al-Awqati, who was in the next room, stormed out and screamed \"You are out!\" Leguina said he began to cry and felt panicked, thinking he'd been fired. Sampogna witnessed the incident, according to the lawsuit, and promised Leguina that she would help him retain his job and report the situation to the human resources department. Leguina met with Marte-Miraz in on March 15. \"She promised me that nothing was going to happen, that they were going to make an investigation,\" Leguina said. \"She said, \u0000Don't worry promise you your work is not going to be affected.'\" Only a few days later, Marte-Miraz allegedly told Leguina to \"deal with this matter as a big man\" and that he \"must pretend nothing happened.\" She threatened to send Leguina back to Chile if he hired a lawyer and told him he could not contact any authorities in Chile regarding the situation, according to Leguina agreed. In that moment was scared was all by myself said trust human 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 3/11 resources said, maybe this is how you do it just want to work,\" Leguina said. During the meeting, Leguina also said Marte-Miraz said to him that if Al-Awqati was \"young and sexy\" Leguina would \"not have said no to the sexual advance.\" Leguina responded that her comment seemed \"very inappropriate for a human resources director to say,\" but she shrugged him off, he said. He asked Marte-Miraz again about filing a formal complaint with and she said she was busy, giving him several excuses. Impossible work conditions Near the end of March, Al-Aqwati apologized to Leguina for the sexual advance and gave him a MacBook, according to the lawsuit. Leguina asked Marte-Miraz about the gift, and was informed that this was Columbia's standard practice. Leguina said no one ever asked him to sign any paperwork regarding the laptop and he was told it was his to take home. Soon after, Al-Awqati cut off all communication, and Sampogna, who had previously been supportive of Leguina, suddenly turned cold, Leguina recounted. She avoided speaking to Leguina, instead emailing him short to-do lists with little explanation and yelling at him when anything went wrong. In one instance, Leguina said Sampogna even kicked a piece of furniture after he asked her for assistance kept working hard, doing all my stuff wanted to succeed wanted to make work, that's what wanted tried to not think about it,\" Leguina said. \"But in the moment everything was super aggressive and it was terrible was feeling so bad couldn't sleep was shaking in the morning thinking about how had to go to the lab, what was going to happen today.\" Leguina said these new working conditions made it almost impossible for him to do his job. On May 10, Leguina met with Marte-Miraz to seek help regarding the behavior he saw as retaliation for complaining about Al-Awqati's sexual harassment. According to the lawsuit, Marte-Miraz accused Leguina of posting bad things about Sampogna on his Facebook page. When Leguina provided Marte-Miraz with a printout of his Facebook page, which did not reference Sampogna, Marte-Miraz told him, \"Your mind is clouded and your stress is simply because you are from a small country and this is New York and you just need to learn.\" She also called him \"too emotional\" and told him he needed to deal with the situation 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 4/11 in the \"American way,\" Leguina said. \"In that moment it went from bad to worse couldn't believe the things was hearing from human resources, that somebody was so disrespectful,\" Leguina said. Nowhere to turn According to the lawsuit, Marte-Miraz told Leguina that he should meet with Sampogna in order to improve communication in the lab. Sampogna was not available, and so Leguina said he had to meet with Al-Awqati alone. Al-Awqati allegedly told Leguina that he had poor work habits and was absent from work. When Leguina tried to refute the accusations and ask how he could improve, the professor interrupted and said he believed Leguina's work was suffering \"because he was in New York and this city is too excited for somebody coming from a small country.\" The lawsuit states that Al-Awqati then arranged weekly private meetings with Leguina, during which Leguina was required to present his work. At the first meeting, Al-Awqati told Leguina he was impressed with his skills and intelligence, but, later, he continued to express dissatisfaction with Leguina's work don't know where [got] all that energy to do it,\" Leguina said, referring to the weekly meetings. \"But think it was my desire to not waste this opportunity think about everything that went through to just come here and do it.\" Leguina said the situation continued to cause him so much stress that he emailed his supervisor in Chile to ask for help. The lawsuit also claims that Leguina had to take prescription medicine to control his sleeping and depression. The lawsuit states that Al-Awqati sent a \"derogatory\" email on March 17 to Leguina's supervisor in Chile, Gloria Valdes, claiming that Leguina was \"not performing at the level of a graduate student.\" Despite these criticisms, Leguina won an award for feature poster presentation at an annual meeting of the American Society of Hypertension on March 19. The situation continued to deteriorate, and on June 8, Leguina received an email from his supervisors in Chile saying that, due to the feedback from Al-Awqati, he needed to leave his position at Columbia and return to Chile. 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 5/11 Leguina said that although Al-Awqati expressed concern upon seeing the Chilean supervisors' response, he continue to criticize Leguina's work. When Leguina brought up the sexual harassment, Al-Awqati became nervous and said, \"It has nothing to do with that, but if you need to return to Chile, then just go.\" The lawsuit alleges that the University terminated Leguina's employment on or around June 12, but Leguina said he never received any official notice. One day he tried to log into a computer using his UNI, and found his account deleted. \"If you think about it, he fired me the long way. He couldn't fire me immediately because there was the sexual harassment complaint even though nobody filed it. He is very smart: He sent this bad report so the people in Chile would fire me,\" Leguina said. Columbia has not formally responded to the lawsuit, although a pretrial conference is set for Oct. 1, according to court records. Leguina will return to Chile at the end of October because he cannot afford to live in New York without an income. He plans to resume his studies at Chile's Pontifical Catholic University and get his Ph.D., but now he also has other plans for the future want to work as an activist and be part of that,\" Leguina said want the truth to be out want justice want to warn other people want to show that you can do this and survive this.\" [email protected] More In News 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 6/11 Transport Workers Union \u2018blasts\u2019 sit-in protesters for alleged assault of public safety officer 27 Chinese international student reports stolen and vandalized package as act of racial discrimination 27 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 7/11 Pro-Palestinian protesters picket outside Barnard, demand reversal of student expulsions 27 Editor's Picks 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 8/11 Spectator announces 149th managing board 11, 2024 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 9/11 Our Campus. Our Crisis 4, 2024 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 10/11 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/27/25, 7:32 Ph.D. student alleges he was sexually harassed, unfairly fired 11/11"} |
8,240 | Eric Denson | Western Washington University | [
"8240_101.pdf",
"8240_102.pdf"
] | {"8240_101.pdf": "by: Wavelength October 16, 2018 Counseling Center Assistant Director Fired For Sexual Harassment Western\u2019s counseling center, seen Oct. 10, 2018. The Assistant Director, Eric Denson, was fired this summer after an investigation found him responsible for sexual harassment. Ella Banken Find your Frequency Search \u2026 2/27/25, 7:32 Counseling Center Assistant Director Fired For Sexual Harassment 1/5 Review By Sydnee Smith On Aug. 21, Eric Denson, the counseling center assistant director, was fired after an investigation supported a complaint of sexual harassment, according to records reviewed by the Review. The investigation began on April 5, 2018 after an intern at the counseling center made a complaint about Denson on March 28. Denson was employed at Western for 21 years. The investigator conducted interviews with the complainant and four other witnesses, and found six comments of a sexual nature violated university policy. The case was investigated by Sonja Fritts, a lawyer with the Ogletree Deakins law firm in Seattle. The Review received the documents from a former writer who filed a public records request. Five of the six comments were made during a meeting about a patient in October 2017, the sixth comment was at a supervision meeting with the complainant in January 2018. In the October meeting, about a patient with a pornography addiction, Denson asked the complaint if she felt her patient could stop, when she replied yes, he responded with \u201cbut it feels so good.\u201d He also made a pun about stripping in relation to the case, among other comments. Denson went on to address the possible motivation of the client\u2019s addiction, stating he himself is unable to meet all his partner\u2019s needs. Then continued, stating it sounded like the client \u201cjust wants to jack off.\u201d Denson claimed he was in character and trying to engage the complainant in a conversation of different perspectives and approaches on the matter. In the same meeting the complainant mentioned the patient calling her lovely, to which Denson asked the complainant if she wanted to know if he thought she was lovely. Denson admitted to saying the comment, but stated he meant it in a humorous way. According to the final report, the complainant confronted Denson about his comments in October, hoping they would stop after. Denson agreed, stating he hoped they could move forward and felt bad for the impact he had on her. Afterward the complainant noted Denson did not seem as engaged in their supervision meetings anymore. 2/27/25, 7:32 Counseling Center Assistant Director Fired For Sexual Harassment 2/5 Finally, in a January meeting, Denson asked the complainant what was on her \u201cdirty little mind.\u201d Denson again admitted to the statement, but again claimed he was trying to be humorous and light hearted. The investigation found it more likely than not that Denson made the comments and they were unprofessional and not clinically-accepted language. The reports mentioned the Complainant tried to avoid Denson which affected her professional and personal life. Due to the cumulative effect of Denson\u2019s comments the investigation found the work environment to be made sexually hostile. The investigator also noted there was a power difference between Denson and the complainant. Due to these stresses the complainant changed her behaviors to avoid Denson, lost drastic weight and considered leaving her internship, she said. Denson\u2019s actions were first brought to Shari Robinson, then director of Western\u2019s counseling center, who then reported the incidents to the Equal Opportunity Office. Also detailed in the report were three other allegations of verbal comments of a sexual nature, a written comment of a sexual nature, demeaning sexual behaviors and crossing personal and professional lines. It was concluded Denson more likely than not said the remaining allegations. However, they were found to not violate university policy, as some were deemed not be inappropriate or unprofessional, and others were not found to be sexual in nature. The investigation relied on on University policies 1600.02 and 1600.04, which protect students against harassment, bullying and discrimination based on sex. After reviewing the investigation, Melynda Huskey, vice president for enrollment and student services, terminated Denson. \u201cThe Respondent created a hostile environment, denying the Complainant the benefits of her educational experiences, which is particularly egregious given his role as Training Director for the Counseling Center,\u201d Huskey said, in a letter to Sue Guenter-Schlesinger, who\u2019s in charge of the Equal Opportunity Office. 2/27/25, 7:32 Counseling Center Assistant Director Fired For Sexual Harassment 3/5 Previous In photos: Students show support for survivors, protest Kavanaugh Next LGBTQ+ Western Leads International Pronouns Day Presentation Leave a Reply Your email address will not be published. Required fields are marked * Huskey also reported Denson to the Washington Department of Health In a letter to the complainant, Huskey stated Western will try to emphasize the importance of promoting and sustaining an environment free from discrimination and harassment when they hire a new director for the counseling center and training director. The Review reached out to Huskey who said she doesn\u2019t speak on personnel matters. Paul Cocke, director of communication and marketing, also declined to comment besides confirming that Denson no longer works at Western. Scott Bramhall, a health care investigator who the case was referred to, also declined to comment on the matter. Updated 10/16 at 2:18 p.m. to correct a typo. Huskey said she doesn\u2019t comment on personnel matters not personal matters. Tags : counseling center , ella banken , eric denson , sexual harassment , sydnee smith Leave a Comment # Archives 2/27/25, 7:32 Counseling Center Assistant Director Fired For Sexual Harassment 4/5 Comment * Name * Email * Website Notify me of follow-up comments by email. Notify me of new posts by email. Theme Thirteen Blog by Kantipur Themes 2/27/25, 7:32 Counseling Center Assistant Director Fired For Sexual Harassment 5/5", "8240_102.pdf": "Western Washington University Western Washington University Western Western Graduate School Collection Graduate and Undergraduate Scholarship 2011 The effects of a life skills program on the social and academic The effects of a life skills program on the social and academic performance of freshman student-athletes performance of freshman student-athletes Catherine N. (Catherine Nicole) Rasnack Western Washington University Follow this and additional works at: Part of the Kinesiology Commons Recommended Citation Recommended Citation Rasnack, Catherine N. (Catherine Nicole), \"The effects of a life skills program on the social and academic performance of freshman student-athletes\" (2011 Graduate School Collection. 144. This Masters Thesis is brought to you for free and open access by the Graduate and Undergraduate Scholarship at Western CEDAR. It has been accepted for inclusion in Graduate School Collection by an authorized administrator of Western CEDAR. For more information, please contact [email protected] By Catherine Nicole Rasnack Accepted in Partial Completion Of the Requirements for the Degree Master of Science Moheb A. Ghali, Dean of the Graduate School Chair, Dr. Ralph Vernacchia Dr. Gordon Chalmers Dr. Eric Denson Dr. Theodore Kamena In presenting this thesis in partial fulfillment of the requirements for a master\u201fs degree at Western Washington University grant Western Washington University the non-exclusive royalty-free right to archive, reproduce, distribute, and display the thesis in any and all forms, including electronic format, via any digital library mechanisms maintained by represent and warrant this is my original work, and does not infringe or violate any rights of others warrant that obtained written permissions from the owner of any third party copyrighted material in these files acknowledge that retain ownership rights to the copyright of this work, including but not limited to the right to use all or part of this work in future works, such as articles or books. Library users are granted permission for individual, research and non-commercial reproduction of this work for educational purposes only. Any further digital posting of this document requires specific permission from the author. Any copying of publication of this thesis for commercial purposes, or for financial gain, is not allowed without my written permission. Catherine N. Rasnack April 27, 2011 Thesis Presented to The Faculty of Western Washington University In Partial Completion Of the Requirements for the Degree Master of Science By Catherine Nicole Rasnack April 2011 iv The purpose of this study was to examine the effects of participation in a Life Skills program for freshman student-athletes on academic and social performance. Subjects (n = 38) were freshman student-athletes participating in varsity athletics at Western Washington University during Fall Quarter 2010. The treatment group (n = 21) met for one hour, twice a week and completed a Life Skills Seminar Course (LSSC) designed and taught by the researcher. Subjects completed both the Student Adaptation to College Questionnaire (SACQ) and the College Self-Efficacy Inventory (CSEI) at the beginning and conclusion of the course two-way between-within was used to analyze adjustment and self- efficacy outcomes and means of the fall quarter grade point average were calculated and compared for both the treatment and the control group. No statistically significant interactions were found between time (pre- or post-measures) or groups (treatment and control) of student-athlete adaptation to college as measured by the or student-athlete college self-efficacy as measured by the College Self-Efficacy Inventory CSEI. No significant relationship between the grade point average (GPA) of the two groups was found although the for seminar participants was 2.98, which was .35 points higher than the for the control group participants. Despite no significant relationships in the measures, student-athletes reported on the effectiveness of participation in the through evaluations and described the course content as being beneficial to their general knowledge. v would like to express my sincerest gratitude to my committee chair Dr. Ralph Vernacchia. His support and encouragement throughout this process, as well as over the years, has provided me direction and confidence in my future endeavors would also like to thank Dr. Eric Denson for sharing his knowledge in the field, Dr. Gordon Chalmers for his valuable assistance during the statistical analysis, and Dr. Theodore Kamena for his patience and assistance in recruiting subjects. This study would not have been possible without all of their help. Thank you to all the freshman student-athletes who participated in my study, their participation and time was greatly appreciated. Finally would like to thank my family and friends, without their complete confidence in me or their encouragement would not have been able to complete this study. vi Abstract \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 iv Acknowledgements \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. v Lists of Tables and Graphs \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026\u2026 ix Chapter I: The Problem and Its Scope \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 1 Introduction \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 1 Purpose of the Study \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 2 Hypothesis \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 2 Significance of the Study \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 3 Limitations of the Study \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 3 Definition of Terms \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 3 Chapter II: Review of Literature \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026 5 Introduction \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 5 Transition to College \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026.. 6 Measuring Adjustment \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 8 Student Adjustment \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 9 Student-Athlete Adjustment \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 10 Coping and Self-Efficacy \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 12 College Self-Efficacy \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 14 Life Skills In and Out of Sport \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026............ 16 Understanding the Importance of Life Skills \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 16 Recognition of Life Skills \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 17 vii Transference of Life Skills \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026.\u2026\u2026.. 17 Characteristics Important for Success \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026\u2026. 18 Components of an Effective Life Skills Program \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026.... 21 Life Skills Programs and their Effectiveness \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026... 22 Going for the Goal \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026.\u2026 22 Sports United for Education and Recreations \u2026\u2026\u2026.\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026.. 24 Play It Smart \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026. 26 CHAMPS/Life Skills \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u202627 Life Skills Programs Aimed at Student-Athletes \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026 28 Summary \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026.. 30 Chapter III: Methods and Procedures \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026.\u2026.. 32 Introduction \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026.\u2026. 32 Descriptions of Study Population \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026 32 Design of Study \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u202633 Data Collection Procedures \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026. 33 Instrumentations \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026.. 33 Measurement Techniques and Procedures \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026.. 34 Data Analysis \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026.. 34 Chapter IV: Results and Discussion \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026 35 Results \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026. 36 Discussion \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 38 Summary \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026\u2026 40 viii Chapter V: Summary, Conclusions, and Recommendations \u2026\u2026\u2026\u2026\u2026...\u2026\u2026\u2026\u2026\u2026\u2026 41 Summary \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 41 Conclusions \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 41 Recommendations \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.... 43 References \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026........ 45 Appendix A: Informed Consent \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 53 Appendix B: Student Adaptation to College Questionnaire \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 56 Appendix C: College Self-Efficacy Inventory \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 60 Appendix D: Course Syllabus \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 62 Appendix E: Individual Adjustment Scores \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 70 Appendix F: Individual Self-Efficacy Scores \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 73 Appendix G: Individual Grade Point Average & Credit Load \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 76 Appendix H: Course Evaluation Outcomes \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 77 ix Table 1: Descriptive Statistics Full Scale \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 37 Table 2: Descriptive Statistics Full Scale \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026 37 Table 3: Descriptive Statistics \u2013 Academic Outcome for Fall Quarter \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 38 Chapter The Problem and Its Scope Introduction For many individuals, the first year of college can be a very intimidating experience. Freshman university students often expect university life to offer them significant opportunities for personal, social, and intellectual growth. These opportunities require first year university students to adjust to the demands of a new adult independence in an entirely new environment (Pancer, Hunsberger, Pratt, & Alisat, 2000). For student-athletes, the university life often results in experiences that can lead to heightened levels of stress and pressure due to their dual role of academics and athletics (Wilson & Pritchard, 2005). For that reason it is important to provide student-athletes with an appropriate support system that will help them succeed during this transition. Programs aimed at teaching basic life skills have been developed to help improve individuals\u201f performance on a holistic level. The development of basic life skills programs such as Going for the Goal, Sports United for Education and Recreation, Play It Smart, and National Collegiate Athletic Association (NCAA) CHAMPS/Life Skills provide youth, adolescent and university age students with the skills and tools they need to succeed in a variety of social environments (Ahlgren-Bedics & Monda, 2009; Danish & Nellen, 1997; Danish, Forneris, & Wallace, 2005; Goudas, Dermitzaki, & Leondari, 2006; Goudas & Giannoudis, 2007; National Collegiate Athletic Association, [NCAA], n.d.; Petitpas, Van Raalte, Cornelius, & Presbrey, 2004). Student-athletes who have learned to effectively deal with the demands of university life through mastery of life, academic, and athletic skills have a better chance of succeeding 2 at multiple tasks in their life (Vernacchia, 2007). Programs that help student-athletes recognize how to transfer the mental skills they learned through sport to their life outside of sport can learn to improve their quality of life as a whole (Danish, Petitpas, & Hale, 1993). The development of life skills programs for youth, adolescents and Division student- athletes has allowed participants to have an increased chance of becoming better students, better athletes, and more concerned and productive community members (Papacharisis et al., 2005). All student-athletes deserve an equal opportunity to develop the skills that will help them to succeed socially and academically once they enter college. Purpose of Study The purpose of this study was to determine the effects of a life skills program on the social and academic performance of freshman student-athletes. Hypotheses The first null hypothesis was there would be no difference in adjustment scores as measured by the Student Adaptation to College Questionnaire (SACQ; Baker & Siryk, 1984) of student-athletes who participated in a life skills program. The second null hypothesis was there would be no difference in self-efficacy scores, as measured by the College Self- Efficacy Inventory (CESI; Solberg, O\u201fBrien, Villareal, Kennel, &Davis, 1993), of student- athletes who participated in the life skills program. The third and final null hypothesis was there would be no difference in academic grade point average of student-athletes who participate in the life skills program versus those student-athletes who did not participate in the life skills program. 3 Significance of the Study Life skills programs help student-athletes successfully complete their college degree while developing skills that will serve them for life (Carodine, Almond, & Grato, 2001). This study will help to identify important skills that student-athletes need in order to successfully transition into college as freshmen. It will hopefully help universities identify and develop programs that will assist student-athletes improve their social and academic performance as they negotiate the transition from high school to university life. Limitations of the Study a. Results may not be generalizable to other student-athletes at other universities b. The course material is unique to this setting. Different materials and resources were taken from multiple programs, as well as skills the instructor felt were important to students\u201f adjustment in college to create this course. c. Males and female student-athletes were grouped together during this study. Males and females could respond to the material presented in this study differently. Definitions of Terms Life Skills: Skills that enable success in multiple environments such as school, home or neighborhoods. Life skills can include, but are not limited to, interpersonal skills, such as assertiveness; or intrapersonal, such as goal setting (Danish, Forneris, & Wallace, 2005). Self-efficacy belief about what one can do under different sets of conditions with whatever skills one possesses\u201d (Bandura, 1997, p. 37). 4 College Self-Efficacy student\u201fs degree of confidence in his or her ability to successfully complete a college-related task (e.g., taking class notes, participating in class discussions, and dividing chores among roommates); (Solberg, O\u201fBrien, Villareal, Kennel, & Davis, 1993). Academic Adjustment: How well students deal with the educational demands of the college (Baker & Siryk, 1984). Social adjustment: How well students deal with interpersonal experiences such as meeting people, making friends, and joining groups (Baker & Siryk, 1984). 5 Chapter Review of Literature Introduction Transitioning as a freshman student to a new university requires an adjustment in the social and academic life of each individual (Pancer, Hunsberger, Pratt, & Alisat, 2000). For a student-athlete the dual role of being an athlete and a student can be complicated. Students are often overloaded by the various demands of each of these two very challenging roles and for that reason it is important for students to learn how to effectively balance and manage multiple responsibilities (Miller & Kerr, 2002; Wilson & Pritchard, 2005). Student-athletes face the challenge of mastering cognitive and psychosocial developmental tasks such as, decision-making tasks, interpersonal relationships; developing self-esteem and integrity, and achieving interdependence, and autonomy as they enter college (Carodine, Almond, & Grato, 2001). The combination of multiple stressors can have a negative effect on an individual\u201fs well-being. As an athlete, effective athletic performance is directly related to an athlete\u201fs lifestyle. An individual\u201fs negative life experiences can spillover to affect an athlete\u201fs off- field life. At the collegiate level there has been a growing concern to assist athletes with developing life skills to help them cope with the multiple pressures that come from being a student-athlete (Vernacchia, 2007). Life skills are those skills that enable individuals to succeed in a variety of social environments, such as school, home, and in their neighborhoods (Danish, Forneris, & Wallace, 2005). It has been found that often times, the skills needed to enhance sport performance and to succeed in life are essentially the same (Danish et al., 2005). The use of 6 life skills to support student-athletes improve performance in any setting is not only valuable within the university setting but can be transferred and implemented throughout an individual\u201fs life (Danish & Nellen, 1997; Danish et al., 2005). The development of programs such as Going for the Goal, Sports United for Education and Recreation, Play It Smart, and National Collegiate Athletic Association (NCAA) CHAMPS/Life Skills have aimed at improving the lives of individuals in a holistic approach (Ahlgren-Bedics & Monda, 2009; Danish & Nellen, 1997; Goudas, Dermitzaki, & Leondari, 2006; Goudas & Giannoudis, 2007; National Collegiate Athletic Association, [NCAA], n.d.; Petitpas, Van, Raalte, Cornelius, & Presbrey, 2004). By educating adolescents and collegiate level student-athletes these programs have helped to promote success in both sport and other domains of life. Student-athletes who learn life skills through programs such as these, can develop a better understanding of how to transfer these skills successfully into all life arenas and make each transition through university life with ease. Transition to College For many student-athletes, the transition from high school to college can be a challenging process as they are faced with multiple sources of stress. During this transition many student-athletes encounter obstacles that often times help to shape them as individuals. How they react and respond to these different challenges can help them successfully navigate their college years. Longer training and practice sessions, full academic course loads, and new social support systems require entering freshmen to cope with numerous demands on top of transitioning into a school environment (Potuto & O\u201fHanlon, 2007). For student-athletes transitioning to university life, learning to effectively manage their time can help play a large role in relieving stress. Student-athletes expressed that during 7 the season they spend more than 20 hours per week practicing their sport, which leaves the remaining time left to devote to their academic work (Miller & Kerr, 2002; Potuto & O\u201fHanlon, 2007). Student-athletes have been known to often over-identify with their athletic role and consequently have a difficult time with personal self-development (Watson & Kissinger, 2007). For adolescents, identity as an athlete can be important and it is natural for the athletic performance to take precedence over the academics (Goldberg, 1991). It had been found that in order to be successful, students must learn to balance the demands of both roles and be provided with an environment where they can meet the expectations of both roles (Ahlgren- Bedics & Monda, 2009; Goldberg, 1991). Student-athletes also reported more stress than did non-athletes in a wide variety of variables: conflicts with a boyfriend or girlfriend, more responsibility, not enough time for sleep, and heavy demands from extracurricular activities (Wilson & Pritchard, 2005). In addition, student-athletes often reported trouble relaxing and had a lower degree of social support due to the stress as they transition into a new environment at college (Ahlgren-Bedics & Monda, 2009; Masten, Tusak, Zalar, & Ziherl, 2009). The role of student and of athlete can be difficult to manage; combined it can be a source of stress in many different areas of life for a college student. Helping student-athletes identify the sources of stress and ways to effectively balance each area of their life is extremely important to their success academically and socially. In an effort to study stress among university student-athletes, Petrie (1992) instructed 166 student-athletes to complete a two-part questionnaire regarding their experience with stress in college. Students from 11 different varsity sports completed the Life Events Scale 8 and the Life Events Survey for Collegiate Athletes (LESCA). Results from the questionnaires revealed a gender based difference in life stress scores. Females tended to report more negative and overall life stress than males and suggested that male and female collegiate athletes experienced and reported life events unequally (Petrie, 1992). Knowing that males and females respond differently to stress and the demands of university life can help educators develop programs designed specifically for each gender on developing skills to make the transition less stressful. With time being one of the more commonly cited sources of stress when adjusting to college life, it is clear that student-athletes need assistance learning to balance and manage the multiple aspects of their life (Sailes, 2009). This type of assistance requires planning and self-discipline on the part of the student-athletes as well as the knowledge tools and skills that will aide them (Miller & Kerr, 2002; Wilson & Pritchard, 2005) It is important for life skills programming to address the multiple roles of the student-athlete, especially in relation to the impact of those roles may influence their academic, personal and social life (Ahlgren- Bedics & Monda, 2009). Life skills training programs are necessary and can be used as intervention strategies aimed at encouraging thoughtful awareness and discussion of emotions, especially during those crucial first few weeks of the fall semester (Kerr, Johnson, Gans, & Krumrine, 2004). Measuring Adjustment Adjustment to college can be measured by acquiring student\u201fs self-reports of their attachment to a university, participation in campus activities, psychological well-being, and academic standing (Taylor & Pastor, 2007). The Student Adaptation to College Questionnaire (SACQ) is a 67-item self-report questionnaire that is widely used to measure 9 the quality of adaptation to university. It provides an overall index of adjustment as well as scores on four subscales that focus on academic, social, and personal-emotional adjustment, as well as attachment to university. Evidence for the scales\u201f validity is derived from studies that indicate significant correlations between the and a wide range of other indications of adjustment, including GPA, involvement in university activities, and scores on measures of depression and anxiety (Baker & Siryk, 1984). Baker and Siryk (1984) developed the as a reliable and valid instrument that can provide a resource to identify students who are at higher risk of failing to complete their degrees and can yield information concerning areas in which the difficulties occur. Internal reliability coefficients for the individual subscales range from: .81-.90 for academic adjustment; .83-.91 for social adjustment; .85-.91 for attachment subscale; and .81-.85 for personal-emotional adjustment subscale. Evidence for validity revealed significant correlations between the scores and variables reflecting adjustment to college. Student adjustment. Learning new ways to adjust academically, socially and personally requires time and skill development. Life skills training and programs are essential and quite valuable in assisting with the adjustment process (Ahlgren-Bedics & Monda, 2009). Educational support programs that emphasize life skills provide students with higher rates of adjustment as they enter college (Melendez, 2006). Pratt et al. (2000) randomly assigned 110 first-year Canadian University students to either a discussion group or a control. Students in both conditions were asked to complete multiple scales regarding their adjustment to college; the Loneliness Scale, Life Orientation Test, Student Adaptation to College Questionnaire, and the Epidemiological Study of Depression Scale. There were no significant differences between the two groups 10 upon the preliminary discussion. After the intervention students who were involved in the discussion group scored higher on adjustment than those who were only in the control group. Women involved in the class reported higher levels of social support than the control group, which helps to show that females will benefit from discussion groups. This study helped to demonstrate that students who participated in a class or discussion group aimed at helping them adjust to college will be less likely to skip classes and score higher on adjustment scores (Pratt et al., 2000). Schwartz and Washington (1999) examined the academic success and retention of 214 freshman African American women. The study surveyed participants during the first two weeks of college using the and the Non-Cognitive Questionnaire, which is used to measure the variables important for success in college. The responses from the first two weeks were then compared to the participants\u201f academic performance during their first year of college. Results of the survey suggest that academic success involves a combination of cognitive, adjustment and non-cognitive variables (Schwartz & Washington, 1999). Social adjustment was a very good predictor of persistence through college suggesting the importance of social adjustment during the first year of college. Researchers concluded that college success for participants was also a function of the students\u201f background and their commitment to their education goals (Schwartz & Washington, 1999). Student-athlete adjustment. The use of the and other instruments measuring student adjustment help to identify ways in which staff and educators can also support student-athletes. Miller and Kerr (2002) interviewed eight student-athletes in their fourth and fifth year at a Canadian university to learn more about their athletic and academic experience during 11 college. The study determined that many student\u2013athletes divide their lives into three categories, athletic, academic, and social to describe their identity. Student-athletes described the transition to university life as being difficult due to different study styles, dual roles, demanding schedules, and multiple responsibilities that came with being a student- athlete. Student-athletes expressed an overwhelming feeling of fear and uncertainty upon entering college, but their role and position on the team helped them to create a social system to cope with the new environment (Miller & Kerr, 2002). Student-athletes also expressed that as time progressed over the course of their time in college, they were better able to balance the multiple responsibilities of being a student-athlete (Miller & Kerr, 2002). Harris, Altekruse, and Engels (2003) identified student-athlete behaviors and social interactions that are likely to be productive or destructive. They conducted a student seminar class for 77 freshman student-athletes and encouraged the students to also participate in a ninty min Psychoeducational Group session once a week for one semester. Discussions during the Group session included: time management and study skills, stress management, sexual responsibility, alcohol and drug abuse, career exploration and development, and life as a student-athlete. The class helped student-athletes adjust to college life by providing them with a safe environment to discuss topics and issues they encountered during their first year. The group sessions proved to be a beneficial tool in helping many members relax and begin the process of exploring personal/social issues (Harris, Altekruse & Engels, 2003). Athletes who participated in the program felt a sense of belonging and felt it positively influenced them in adjusting to the college environment (Harris, Altekruse & Engels, 2003). Whitner and Myers (1986) examined the case study of a 19-year old freshman student-athlete enrolled in the Athletes Educational Planning Program (AEPP). The student 12 was categorized as being at high academic risk and entered into the AEPP, which assists incoming student-athletes to adjust and adapt to academics required in college. The authors noted that it is important to determine how students can be prepared for academic success and to provide services to students that will assist individuals upon entering university (Whitner & Myers, 1986). The study found that through providing individuals with proper study skills techniques and tools, as well as appropriate support academically and personally, students can learn to adjust to the demands of university life (Whitner & Myers, 1986). Coping and Self-Efficacy Effective coping skills can reduce stress, improve academic performance, provide skills that will enable student-athletes to develop as individuals, and increase self-efficacy (Chemers, Hu, & Garcia, 2001; Gore, 2006; Smith, 1989; Smith, Schutz, Smoll, & Ptacek, 1995). Bandura describes that \u201cself-efficacy is not a measure of the skills one has but a belief about what one can do under different sets of conditions with whatever skills one possesses\u201d (Bandura, 1997, p. 37). In order to perform effectively an individual must have the skills and the belief to use those skills. Successfully completing a task requires the continual management of subskills within ever changing conditions (Bandura, 1997). When student-athletes believe in their own capabilities they can learn to effectively cope with the transition to college and ultimately become successful with every aspect of their lives. Smith (1989) conducted an educational program aimed at exposing college students to a variety of coping skills shown to reduce anxiety. Forty-two students were selected among 452 students enrolled in an introduction to psychology class and who scored in the upper quartile of the test anxiety scale. The study consisted of five 60-minute group sessions 13 that met every two weeks where participants were asked to complete multiple inventories addressing anxiety and self-efficacy decrease in test anxiety was found to be significantly correlated with an improvement in test performance and an increase in general self-efficacy. Through the structured training in coping skills, Smith noted a positive change on trait and state measures of test anxiety in students\u201f academic performance (Smith, 1989). Smith\u201fs study helps to provide insight into the importance of coping mechanisms. Learning to cope with test anxiety provided participants with some of the appropriate skills they needed to succeed academically. Once students are provided with the appropriate mental skills to cope with stressful situations they can learn how to transfer those skills to a variety of different areas of their life. Smith, Schutz, Smoll and Ptacek (1995) conducted two studies looking at individual coping skills and techniques: The first investigated 637 high school and Division football players, while the second examined 104 minor league baseball players. The researchers found that the presence of relatively independent psychological skills establishes an intricate concept of coping skills. This study helps to provide insight into how it is important to work on an individual basis when it comes to helping cope with changes. Identifying ways to cope with major changes can increase students \u201eself-esteem and allow them to adapt to challenging situations (Smith et al., 1995). Aspinwall and Taylor (1992) sent surveys to 1,101 college freshmen to assess the students\u201f ability to cope with adjustment to college. Using multiple scales, they measured adjustment to college and the students overall by observing what type of coping strategy they used: avoidant coping, active coping or social support. Results of the questionnaires revealed that students who were found to use avoidant coping were predicted 14 to be less successful in their adjustment to college (Aspinwall & Taylor, 1992). It was also found that individuals with higher self-esteem, greater optimism and having an internal locus of control were predicted to use less of an avoidant coping strategy (Aspinwall & Taylor, 1992). Students who had a desire for control and a positive outlook were predicted to use active coping with the demands of entering college. Coping skills have been shown to help students adjust and manage challenging situations (Smith, 1989; Smith et al., 1995). Individuals who learn effective ways of coping can improve their self-esteem, which in turn will increase their belief in their own abilities (Aspinwall & Taylor, 1992). Chemers, Hu and Garcia (2001) sent questionnaires to 373 first year university students that focused on academic and social adjustment during their transition to college. Researchers measured adjustment and also looked at other factors such as, self-efficacy, stress, health, high school GPA, and academic expectations upon entering university. Results of the questionnaires revealed that students who reported high self-efficacy perceived greater academic loads as more of a challenge than as a threat (Chemers et al., 2001). This perception directly relates to academic performance and personal adjustment since self- efficacy is strongly related to students\u201f perceptions of their capacities for responding to the demands of college life (Chemers et al, 2001). The results also revealed that students with a higher were more efficacious and demonstrated better academic performance (Chemers et al., 2001). College self-efficacy. College self-efficacy can be defined as a student\u201fs degree of confidence in his or her ability to successfully complete college-related tasks: taking notes, asking questions in class, dealing with roommates etc. (Solberg, O\u201fBrien, Villareal, Kennel, & Davis, 1993). The College Self-Efficacy Inventory was designed to help predict college 15 outcomes with students but has never been used to help predict college outcomes with student-athletes. Solberg, O\u201fBrien, Villareal, Kennel, and Davis, (1993) validated the College Self- Efficacy Inventory when they administered the 20-item questionnaire to 164 Mexican- American and Latino-American college students. The principle analysis yielded three subscales: courses efficacy, social efficacy, and roommate efficacy. The subscales manifested strong internal consistency and good convergent validity (Solberg et al., 1993). Internal reliability estimated the Cronbach alphas (.83 - .88) for the scales scores found from first-year college students (Gore, 2006 study of 629 first-year college students and second of 7,956 first-year students from four universities conducted by Gore (2006) demonstrated that the first semester of college is a critical time for promoting the academic self-efficacy beliefs of incoming first year students. Students were asked to self-report their and complete the College Self- Efficacy Inventory (CESI; Solberg et al., 1993) at the beginning and end of the freshman orientation/transition class high correlation was found between the scores of the Academic Self-Confidence and the College Self-Efficacy Inventory, as they were good predictors of college significant relationship between and the end of semester scores was found, as well as a strong relationship between students\u201f academic self- efficacy beliefs and college performance (Gore, 2006). Researchers found to help predict the academic performance and persistence of individual college students they can use their academic self-efficacy beliefs (Gore, 2006). By helping to individualize the process of developing the skills necessary for coping with demanding tasks and scenarios, universities can help students adjust to college (Chemers et al, 2001; Gore, 2006). 16 Life Skills In and Out of Sport Most young athletes do not recognize that many of the skills that they have acquired in order to play sports or survive in their neighborhoods transfer to other life domains as well (Danish & Nellen, 1997). Transferring skills from sport to other aspects of their lives can help athletes prepare to mange transitions, such as when their athletic careers are nearing an end to be able to successfully cope with career termination (Lavallee, 2005). For transferability to take place, participants first must believe that they have skills and qualities that are of value in other settings (Danish & Nellen, 1997; Danish et al., 2005; Jones & Lavallee, 2009). Understanding the importance of life skills. Helping athletes understand and identify their transferable skills can help to promote confidence in life as well as in sport. Young people can develop life skills, provided they have the awareness to understand what is required of them and they are motivated to develop it themselves (Jones & Lavallee, 2009). Athletes must believe that they have skills and qualities that are of value in other settings (Danish et al., 1993). Self-responsibility and taking the initiative to learn and practice life skills are important characteristics for athletic success. Student-athletes must feel engaged through the entire process in order to understand the importance of how these life skills are learned and in what context they can be executed (Danish et al., 1993; Larson, 2000; Papacharisis, Goudas, Danish, & Theodorakis, 2005). The desire to participate in an activity and being invested in it helps to make the experience intrinsically motivating, challenging, and important enough to warrant the expenditure of time and effort (Petitpas, Cornelius, Van Raalte, & Jones, 2005). 17 Holt, Tink, Mandigo, and Fox (2008) interviewed 12 male high school athletes to determine if they believe they learn life skills through sport. The study participants interviewed identified that the life skills associated with participation in sport were initiative, respect, and teamwork. Athletes explained that if qualities taught to them, such as respect, were demonstrated by mentors or coaches they were more likely to demonstrate and practice those qualities as well. Coaches felt that the structured environment provided an opportunity for youth to display the qualities learned through sport. Athletes reported that by learning to set realistic goals, learning to manage time and taking responsibility for one\u201fs self were characteristics they developed through sport and found them to be important to their success outside of sport (Holt et al., 2008). Recognition of life skills. Recognition of life skills that are learned in one domain can be valuable in a variety of other domains once the importance of that skill has been considered case study by Jones and Lavallee (2009) reveals that athletes are able to recognize the life skills that can be transferred from sport to everyday life. Through interviews conducted with a 22 year old female tennis player, researchers observed that she had developed into a positive and successful young person because of an integration of the skills she was born with and the experiential learning associated with playing tennis. This case study demonstrates that student-athletes can have the capabilities to recognize the benefits of the multiple life skills learned through sport and can clearly implement them into their performance socially and personally. Transference of life skills. Transferring life skills can be effective not only in sport but through other domains of life. Once skills are understood and recognized as important to an individuals\u201f well being they can begin to utilize and transfer that skill. Buhler, Schroder, 18 and Silbereisen (2008) reviewed a program designed for 643 fifth graders to determine the role of life skills promotion in substance abuse prevention. The program focused on eight general life skills behaviors as they related to four main substance use-related topics. Topics included: self-awareness, empathy, creativity, critical thinking, communication, interpersonal relationships, decision-making, problem solving, and coping with stress and emotions (Buhler et al., 2008). Results of the study found a significant effect of the prevention program concerning delaying the onset of smoking and heavy drinking. The program was effective in lowering the rate of nicotine abuse and fostering a critical attitude toward substance use among students in grade 5 by increasing their knowledge of general skills (Buhler et al., 2008). The program also served to help students develop a critical view on substance use, which could potentially assist them as they continued on in life. Students were able to learn new cognitive behavioral strategies regarding the general competence of basic life skills and then transfer of those skills successfully to achieve healthy lifestyles (Buhler et al., 2008). Characteristics Important for Success Adopting and internalizing new behaviors is a time consuming process. For student- athletes to become successful in university life they must first learn to adapt to new environments and adjust their behaviors accordingly. Universities that help identify resources and create awareness on how to access them can assist student-athletes with both personal and academic success (Petitpas et al., 2005; Whitner & Myers, 1986). By co- creating learning opportunities with student-athletes, counselors and educators can help promote an expansion of interests, skills, beliefs, values, and personal qualities that will help an individual become successful. Such personal development and growth can help student- 19 athletes deal with issues of identity and social isolation as well as problem-solving and decision-making skills that will serve them well over the course of their lives (Shurts & Shoffner, 2004). Establishing a foundation of skills that will lead to personal success is essential in the development of life skills programs. Gould, Collins, Lauer, and Chung (2006) identified specific strategies coaches use to develop life skills with their athletes. They interviewed 10 football coaches recognized by the National Football League (NFL) as high school \u201eCoach of the Year Program\u201f. An analysis of the interviews revealed that coaches felt that developing life skills with athletes was an on-going process. The coach-player relationship, as well as any relationship between two individuals, requires excellent communication and listening skills, along with trust, in order to create a healthy coach-athlete relationship. Coaches explained that treating players with respect and team building were very important foundations in coaching life skills (Gould et al., 2006). This study can be used as a guide for coaches and educators in helping players and students develop life skills. By modeling behaviors and demonstrating how to effectively use these behaviors, coaches and educators can help create an environment that clearly defines key behaviors, communicating, reinforcing appropriate behavior and actions to facilitate life skills and or moral development (Gould et al., 2006; Holt et al., 2008). The Positive Youth Development Through Sport survey is a 99-item survey used to assess the role of sport in character development, problems in sport today, the role of coaches, and the influence of coaches on their athletes. Gould, Chung, Smith and White (2006) administered this survey to one hundred fifty-four high school varsity head coaches and found that coaches identify helping young people develop psychologically and socially as the number one priority. Some of the skills coaches identified hard work, time 20 management and goal setting as important life skills for young people to master. The biggest problems that coaches felt student-athletes experienced were: failure to take responsibility, lack of motivation, poor communication and listening skills, problems with parents, and poor grades (Gould et al., 2006). In observing differences between male and female athletes, coaches reported that males face more issues with tobacco and drug use, while females could experience sexual harassment issues (Gould et al., 2006). Giacobbi, Roper, Whitney, and Butryn (2002) conducted semi-structured interviews with 10 Division head coaches about their experiences coaching. Six main themes emerged regarding the characteristics that are needed for athletic success and skill improvement. Developmental considerations deemed important qualities for athletic development by the coaches included maturity, acting responsibly, and demonstrating accountability and commitment (Giacobbi et al., 2002). Gould et al., (2006) administered interviews to 10 coaches, who were winners of high school coach of the Year Program to learn more about their strategies for implementing life skills. Through in-depth phone interviews researchers received background information on the coaches\u201f philosophy and background and the life skill strategies they use with their players. Through interviews the coaches implied that it was very important to establish a foundation that emphasized developing players as good citizens. Coach-player relationships based on excellent communication and treating players with respect help to create an environment that educates and enhances development. Results of the study found that developing players\u201f life skills does not have to come at the cost of the program\u201fs success (Gould et al., 2006). 21 Life skills training can clearly be beneficial for youth, when it establishes an environment that clearly defines key behaviors and expectations. Effective communication, reinforcing appropriate behavior and actions to facilitate life skills and moral development are all skills that lead youth, and student-athletes, to become successful in what they accomplish (Giacobbi et al., 2002; Gould et al., 2006; Holt et al., 2008). Components of an Effective Life Skills Program An ideal program should include academic support, career counseling and personal development for student-athletes. There is a need to have a multidimensional focus in order to address the student-athlete as a whole (Carodine et al., 2001). Programs should also address social support, interpersonal feelings, as well as personal development and identity in order to enhance overall college experience (Watson & Kissinger, 2007). Life skills programs are designed with the intent of preparing students for challenges by providing them with strategies that will help them overcome those challenges and succeed (Pancer et al., 2000). Buhler, Schroder, and Silbereisen (2008) created a general life skills class aimed at 643 fifth graders from Germany. Students were from 22 classes of seven \u201eRealschulen\u201f schools, a type of non-college bound school. The intervention program provided eight sessions with interactive methods and emphasized references to personal daily life. Pre- and post-test were used to evaluate knowledge on substance use, affinity toward school, and general life skills knowledge. The study found that students who tended to drop out of classes appeared to have less knowledge regarding life skills. As a result of the prevention program, there was a significant effect on the students in the prevention program delaying the onset of smoking and heavy drinking (Buhler et al., 2008). The study also found that the 22 prevention program achieved its results of lowering rates of nicotine abuse and fostering a critical attitude toward substance use among students by increasing knowledge and use of general life skills. Prevention programs that help to educate and provide resources and tools for participants can help individuals perform to their highest ability. Providing programs that focus on topics such as goal-setting and plan-making have been found to help students to clearly identify ways that they can improve their lives (Parish & Baker, 2006). Developing personal competence, educational and career planning, and preparation for the transition from high school to college are important developmental stages for counselors to consider when advising student-athletes (Goldberg, 1991). Life Skills Programs and their Effectiveness Many programs have been designed to promote the use of life skills and in the daily lives of student-athletes. The World Health Organization (1994) agrees that life skills education needs to be developed as part of a whole school initiative designed to support the healthy psychosocial development of children and adolescents. Implementing programs such as Sports United for Education and Recreation (SUPER), Going for the Goal (GOAL), and the Life Skills have proven beneficial to individuals on many different levels. Going For The Goal. Going for the Goal (GOAL) teaches adolescents a sense of personal control and confidence about their future so that they can make better decisions and ultimately become better citizens (Danish & Nellen, 1997). The foundational beliefs of the program encourage adolescents to develop a positive future orientation to decrease the risk of health-compromising behaviors (Forneris, Danish, & Scott, 2007).The program assists students in setting goals, making reachable goals, setting goal ladders, recognizing 23 and overcoming roadblocks, seeking help from others, rewards, and building strength (Danish & Nellen, 1997). The program equips students with knowledge and skills that are necessary to succeed in coping with complex situations in life. The program provides students the opportunity to improve their performance by applying the life skills to real world settings (Goudas & Giannoudis, 2007; O\u201fHearn & Gatz, 2002). Students who participated in this program claimed they learned how to set goals, problem solve, and seek social support which supports the notion that programs which incorporate life skills training are valuable (Forneris et al., 2007). Forneris et al., (2007) recruited twenty 9th graders from a Canadian school to learn more about their participation in a life skills based program and their knowledge on life skills. When asked in the beginning, students were randomly assigned to the intervention group and to define a goal. Most believed that it was something you wanted to do or achieve in the future. The control group seemed to know what a goal was, but they were unsure of the process and gave non-specific goals. Participants in understood goals needed to be broken down into small steps and to maximize probability of achievement and knew how to set and achieve them (Forneris et al., 2007). Non-participants and perhaps adolescents, in general, are not as aware of specific strategies that can be used to solve problems. In the program, students were able to look at problems in more detail and solve problems easier (Forneris et al., 2007). Students who participated in the program learned how to set goals, problem solve, and seek social support lending credence to the idea that programs that incorporate life skills training are valuable (Forneris et al., 2007). 24 O\u201fHearn and Gatz (2002) examined 479 middle school students enrolled in the school based program. They measured Knowledge of Goal Setting Skills, Locus of Control and Means-Ends Problem Solving Procedures with each student. Results indicated that middle school students demonstrated significant gains in knowledge of goal-setting skills when taught by high school students, or peers whom they admire. The study also noted that there were significant improvements in means-end problem solving skills, which will help with the prevention of various behavioral and psychological problems (O\u201fHearn & Gatz, 2002). The program not only increases students\u201f knowledge on goal setting but can help to prevent behavioral problems in those who actively participate. Goudas and Giannoudis (2007) administered a 15-item multiple choice test evaluating knowledge skills, and a 21-item scale measuring self-beliefs for goal setting, problem solving, and positive thinking to evaluate the effects of a life skills intervention program on 165 students on a Life Skills Intervention Program. Results were very encouraging and in agreement with the findings of program in school settings. Students who received the program demonstrated enhanced knowledge about life skills and higher self-beliefs for changing negative to positive thinking compared to students of the control group (Goudas & Giannoudis, 2007). The program demonstrates that students can improve their performance by applying the life skills they are taught to their own lives equips students with knowledge and skills that are necessary for successful coping with complex situations in life (Goudas & Giannoudis, 2007). Sports United for Education and Recreation. There are four main principles to the (Sports United for Education and Recreation) program: effective and accessible student-athlete role models; physical and mental skills are important for both sport and life; it 25 is important to set and attain goals in sport and in life; and that roadblocks to goals can be overcome (Danish & Nellen, 1997). College level student-athletes teach the program to adolescents and teach sport related skills. They coach the students to improve their sport performance, and teach them life skills related to sports (Danish & Nellen, 1997). Improvements in sport skills by applying the skills learned while participating in the program were demonstrated by all students who took part (Papacharisis et al., 2005). Sport participation is beneficial for youth because it promotes one\u201fs capacity to deal with life\u201fs challenges (Goudas & Giannoudis, 2007). Students who were active within the and programs received the opportunity to improve not only their physical playing skills while at the same time inclusion of life skills training during practice served as an effective model for transference of skill to other areas (Goudas et al., 2006). Papacharisis et al., (2005) also evaluated an abbreviated form of the program using 40 female volleyball players, ages 10 to 12. The program consisted of shorter, fifteen minute sessions, which were conducted during practice time, and involved sports skills tests at the beginning of each session. Students were assessed on their sports skills, their self- beliefs, and knowledge of goals and how to problem solve. Students in the experimental group significantly differed from those in the control group on knowledge of life skills. The experimental group had higher scores in goal setting, problem solving and positive belief (Papacharisis et al., 2005). These results are in agreement with those found from the program, in that teaching life skills can result in an improvement in sports by applying the skills learned in the sessions. This program helps to support the idea that life skills programs equip young athletes with knowledge and skills that are necessary for successfully coping with the complex realities of life. They will therefore, have an increased chance of becoming 26 a better student, better athlete, and more concerned and productive community member (Papacharisis et al., 2005). Goudas et al., (2006) conducted an abbreviated form of the life skills program. With two sessions per week, over a total of four weeks they evaluated the effect of the program on 73 7th graders during their physical education classes. The results were very encouraging and demonstrated support for the and Program. Results revealed significant changes in social responsibility, emotional intelligence, goal knowledge, and social interest as well as performance on physical fitness skills (Goudas et al., 2006). It was concluded including life skills training into practice may serve as an effective model for learning life skills. Play It Smart. The Play It Smart Program revolves around a life developmental framework, emphasizing continual growth and change and focuses on enhancement of skills. Petitpas et al., (2004) examined 252 high school football student-athletes participating in the program. The goal of the Play It Smart Program was to: improve grade point average or scores and graduation rates; increase involvement in the community; improve knowledge of health enhancing behaviors. Results of the study indicated that participants in the program received higher grade point averages than their peers who did not particpate in the class (Petitpas et al., 2004). The program supported the idea that sport participation does provide numerous opportunities for youth to learn about themselves and form important relationships with peers. The program also demonstrated the benefits of helping youth set goals and working hard to achieve them (Petitpas et al., 2004). Overall the Play it Smart program provides youth with educational opportunities to develop both personally and academically while at the same time utilizing the skills they developed in sports. 27 Life Skills Program. Student-athletes who are entering college must cope with many different factors including; practice, training schedules, public scrutiny and extensive time demands, all on top of regular class work (Carodine et al., 2001). The CHAMPS/Life Skills Program (Challenging Athletes' Minds for Personal Success) was established to create total development for the unique needs of student-athletes at the collegiate level (Ahlgren-Bedics & Monda, 2009; NCAA, n.d.). The mission of the is to maintain intercollegiate athletics as an integral part of the campus educational program and the student-athlete as an integral part of the student body (NCAA, n.d.). With this in mind, the CHAMPS/Life Skills Program was created to support the student-athlete development initiatives of member institutions. The program is designed to enhance the quality of the student-athlete experience within the context of higher education that begins in the first year of college and continues through graduation (NCAA, n.d.; Petitpas, Brewer, & Van Raalte, 2009). The CHAMPS/Life Skills program focuses on six different areas; Academic (goal setting, time management, study skills, orientation and assessment, etc.), Personal Development (nutrition, self-esteem, dealing with depression and grief, interpersonal communications, leadership, responsibility, etc), Career Development (freshman \u2013 sophomore issues, job searches, post college, etc.), Service (mentoring, peer education and counseling, etc), Athletic (coaching, support programs, department operations, etc.), and Program Administration (mission, values, and purpose, needs assessment, student-athlete evaluation, etc.) (NCAA, n.d.). These extensive resources have helped student-athletes develop skills necessary to manage transitions that they might face both during and after college careers (Petitpas et al., 2009). Today the CHAMPS/Life Skills Program has a total of 28 664 members and has provided athletes with a support system as they enter the college or university environment (NCAA, n.d.). Life Skills Programs Aimed At Student-Athletes Improving life skills and enhancing goal setting are traits that provide an increased chance of becoming better students and a more concerned and productive community members (Goudas et al., 2006). For student-athletes, life skills programs and programs aimed at teaching skills that will expand personal, social, and academic development are very advantageous in the transition into college. Denson (1994) overviewed the development of a freshman seminar course taught within the University of Delaware. The semester long two-credit course was graded and primarily geared towards the needs of the students. Students who participated in the program were educated on academic navigation, career development, personal and social issues, and psychological skills in athletics. Students, as well as professionals evaluated the class and it was found to be favorable over the three years the course had been offered. Freshman seminars have been found to be a good way to increase the retention and graduation rates, academic performance, and personal and social growth of student-athletes. Curry and Maniar (2003) looked at an academic course that combined psychological skills training and life skills education for student-athletes and non-athletes. Upon completion of the peak performance course, student-athletes were asked to comment on up to three content areas or activities that were most meaningful or helpful in terms of personal applications in one\u201fs own efforts to perform at one\u201fs best in his or her sport. The results of the peak performance class found that the cognitive-behavior homework was most influential and meaningful to students (Curry & Maniar, 2003). The study also revealed that having 29 students actively practice and apply the skills learned through the class can be beneficial and add to their success academically at the university level. Melendez (2006) examined 207 Division or Student-athletes and non-athletes who had completed one semester of college and participated in a peak performance class. After receiving grade point averages and the scores based on the Student Adaptation to College Questionnaire, Melendez (2006) was able to determine that student-athletes reported higher adjustment scores while participating in a peak performance class. There was a significant effect that was revealed for the athletic population, as participation in the peak performance class had a positive influence on academic adjustment. This study supplied the knowledge that education support programs provide students with higher rates of adjustment (Melendez, 2006). This demonstrates that support programs intended to maximize the social and developmental benefits athletic participation on college adjustment are beneficial to student-athletes at the university level. In his doctoral dissertation, Downey (2005) examined the adjustment of student- athletes and non-student-athletes at a Division school. Using a sample of 252 students, 78 student-athletes and 174 non student-athletes, during the seventh and 15th week of the semester, he administered the along with the Perceived Impact of Potential adjustment Factors (PIPAF) and the Brief Locus of Control scale (BLOC). The results of the questionnaires revealed that at week seven of the semester student-athletes were less committed to earning their degree and were found to score lower on the commitment subscale over all (Downey, 2005). Over time student-athletes adjustment significantly decreased on two of the four subscales of the SACQ, and the non-athlete adjustment scores did not significantly change (Downey, 2005). Results of this study concluded that student- 30 athletes appear to have a difficult time adjusting to college. Downey (2005) suggested that providing student-athletes with resources on campus, such as tutors and programs that could assist them academically during the transition to a university. Kingston (2003) conducted a peak performance class for twenty-one varsity freshman student-athletes at a Division University. Forty-two students were randomly assigned to either the treatment or control group over the quarter; either participating in peak performance class or completing regular academic course work. The peak performance class consisted of 2 hour per week classes over the fall quarter. The program was modeled after Student Services for Athletes from University of Delaware and students received two full academic credits for the course. Kingston (2003) evaluated the adjustment scores for the control and the experimental groups as well as their grade point average (GPA) over the course of the quarter. Adjustment scores for students at the end of the class increased significantly from the beginning to the end of the course; however there was no difference between the of those who participated in the class and those who did not. Results of the study revealed that participation in the class might expose students to resources capable of helping them cope with the academic demands of college. Although there was no difference on the academic performance and scores of students, the peak performance class successful at increasing knowledge of support services and thus student-athletes were successful in coping with interpersonal demands inherent in the college experience (Kingston, 2003). 31 Summary Student-athletes face many different challenges as they transition from high school to college (Miller & Kerr, 2002; Pancer et al., 2000; Vernacchia, 2007). As athletes, they face not only the challenges of being a freshman student, but also the difficulties adjusting to new coaches, teammates and training regimens (Kimball & Fraysinger, 2003; Wilson & Pritchard, 2005). Stress comes from many different sources and helping to assist student-athlete\u201fs balance and manage these sources of stress will help develop a successful transition (Wilson, & Pritchard, 2005). Many of the programs aimed at assisting student-athletes are focused either on youth, adolescents, or Division athletes. There has been little research conducted regarding the development of basic life skills necessary for the transition to college for Division student-athletes. Division student-athletes may not be provided with as many resources and may have higher expectations academically than students who attend Division universities. Life skills programs and peak performance courses can support students and contribute to the development of academic, social, and life skills that will promote confidence for students who place an importance in those areas (Papacharisis et al., 2005). These programs provide mental, social, and academic skills athletes learn through sport and once mastered, these skills can help them succeed in situations that they also encounter in their everyday lives (Danish & Nellen, 1997; Goudas et al., 2006). 32 Chapter Methods and Procedures Introduction Entering college places a high demand on first year students in adjusting and coping with a new environment (Pancer, Hunsberger, Pratt, & Alisat, 2000). For student-athletes the dual role of student and athlete is often times more demanding and can be very overwhelming. Helping student-athletes learn how to effectively balance and mange multiple responsibilities is important in their transition to college (Miller & Kerr, 2002; Wilson, & Pritchard, 2005). Life skills programs have shown to provide students with higher rates of adjustment (Melendez, 2006). By incorporating life skills programs into universities, student-athletes are provided with the basic skills needed to enhance sport performance and to succeed in life (Danish, Forneris, & Wallace, 2005). This study examined the effects of a life skills education program on the academic and social adjustment of student-athletes as measured by the Student Adaptation to College Questionnaire and the College Self-Efficacy Inventory (Baker & Siryk, 1986; Gore, 2006; Solberg et al., 1993). Description of Study Population total of 38 freshman student-athletes were recruited to participate in the present study. Twenty-one students were randomly assigned to be a part of the treatment group, a life skills program for student-athletes entering college. The remaining seventeen student- athletes were assigned to the control group. All students were between the ages of 18 and 21 years old. Students were members of the varsity athletic teams at Western Washington University. 33 Design of the Study The study participants were assessed using a pretest and posttest to distinguish if participation in a life skills program as a freshman entering college would affect their adjustment to college. This particular design was modeled after Kingston\u201fs (2003) Peak Performance Seminar and included lectures, skill exercises, group sharing and discussion, as well as guest speakers. The class was titled \u201cLife Skills for the College Student-Athlete\u201d and met for two hours per week during fall quarter. The researcher taught the class and had previous experience teaching, including experience teaching life skills courses to elementary, middle, and high school aged students, as well as 100-level physical education courses at Western Washington University. The current study differed from Kingston\u201fs (2003) Peak Performance Seminar in that the topic and subject for each lesson was selected based on skills that the researcher felt would enhance academic and social performance of freshman student-athletes. The activities, readings, and discussion were mainly adapted from material found in Student Athlete\u201fs Guide to College Success: Peak Performance in Class and Life\u201d (Petrie, Hankes, & Denson, 2011). Incorporated into the course curriculum were psychological or mental skills necessary for successful athletic and academic lifestyles copy of the course syllabus can be found in Appendix D. Data Collection Procedures Instrumentation. The Student Adaptation to College Questionnaire (SACQ; Baker & Siryk, 1984) is a 67-item self-report questionnaire that is widely used to measure the quality of adaptation to university copy of the can be found in Appendix A. The items on the are rated on a 9-point scale ranging from \u201capplies very closely to me\u201d to \u201cdoesn\u201ft 34 apply to me at all\u201d. The student indicates on the scale that best represents the degree to which the statement is true. It covers four subtopics: Academics, 24 items measuring how the student copes with the demands of college academics; Personal, 15 items reporting the students\u201f responses to stress and psychological health; Social, 20 items that define the interpersonal demands of college; and Institutional, 15 items measuring the student\u201fs commitment to their university education (Baker & Siryk, 1984). The has been shown to have both a highly consistent and reliable testing instrument of adjustment to college life (Baker & Siryk, 1984). Higher scores indicate better adjustment while lower scores indicate that the student is relatively less well adjusted to college (Baker & Siryk, 1984). Evidence for the scales\u201f validity comes from studies that indicate significant correlations between the and a wide range of other indications of adjustment, including GPA, involvement in university activities, and scores on measures of depression and anxiety (Baker & Siryk, 1984). The College Self-Efficacy Inventory (CSEI; Solberg et al., 1993) is used to help predict college outcomes but has not been used with student-athletes copy of the (Solberg et al., 1993) can be found in Appendix B. The principle analysis yielded 3 subscales: courses efficacy, social efficacy, and roommate efficacy. The subscales manifested strong internal consistency and good convergent validity (Solberg et al., 1993). Internal consistency reliability estimated Cronbach alphas ranging between .83 to .88 for the scales scores found from first-year college students (Gore, 2006). Measurement techniques and procedures. The program was conducted for one quarter (approximately 10 weeks). The (Baker & Siryk, 1984) and (Solberg et al., 1993) were administered at the beginning as well as at the end of the course/quarter 35 during the first and 20th class meeting. The treatment group (n=21) participated in a quarter long life skills program designed for entering freshman student-athletes. After successfully completing the course students received two academic credits. The control group (n=17) did not receive the treatment course but completed their academic course load for the quarter. The number of credits was recorded for each student and credit loads were compared between the two groups. The means of both the control and the treatment group academic grade point averages were recorded at the end of the quarter. The life skills program met twice a week for one hour. The course focused on improving participants\u201f development in athletic and academic domains. Data Analysis. Means and standard deviations were collected from both the pretest and the posttests of the different (Baker & Siryk, 1984) subscales as well as the (Solberg et al., 1993) subscales, scores were then calculated and compared two-way between-within was used to measure the difference in adjustment outcomes as measured by the two-way between-within was also used to measure the self-efficacy outcomes as measured by the between the treatment and control groups from the beginning of the quarter and at the end of the quarter. Means of the fall quarter grade point average were calculated and compared for both the treatment and the control group between group t-test was calculated for the fall and a between group t-test was used to measure credit loads. 36 Chapter Results and Discussion The purpose of this study was to determine the effects of a life skills program on the social and academic performance of freshman student-athletes. More specifically, the purpose of this study was to determine: (1) if participation in a life skills program affected student-athlete adjustment outcomes as measured by the Student Adaptation to College Questionnaire (SACQ; Baker & Siryk, 1984), (2) if participation in a life skills program influenced student-athlete self-efficacy outcomes as measured by the College Self-Efficacy Inventory (CESI; Solberg, O\u201fBrien, Villareal, Kennel, &Davis, 1993), and (3) if freshman student-athletes who participated in the program earned higher or lower grade point averages than the control group who did not participated in the program. The Life Skills Seminar Class (LSSC) provided student-athletes with guidance in goal setting, time management, study skills, communication, nutrition, as well as alcohol and drug safety. During the assorted campus student services and programs were introduced to those who participated in the treatment group as a resource to help them through their transition to university life. Results The Student Adaptation to College Questionnaire and the College Self-Efficacy Inventory were hand scored by the researcher and individual totals as well as group totals were obtained (Appendix - F) and means and standard deviations are provided in Tables 1 - 2 for the and CSEI. Significant and non-significant p-values for interactions between groups and the testing times are also reported in Tables 1-3. 37 The first null hypothesis was supported. There was no significant interaction in adjustment level scores as measured by the of student-athletes who participated in the life skills program versus those who did not (Table 1). While the experimental group showed a slight decrease in the Full Scale score from pre- to post-test results, it was not a significant difference. The control group showed no change in Full Scale scores as measured by adjustment when looking at results from pre- to post\u2013test. Adjustment scores differed for the Full Scale from a mean of 347 = 13.4) for the first week of school to a mean of 344 = 17.2) following the 10-week intervention. Table 1 Descriptive Statistics Full Scale Group Pre- Test Post- Test Significance Mean Mean Experimental 21 347 13.4 344 17.2 Control 17 342 20.5 342 14.0 0.709 The second null hypothesis was supported; there were no differences in self-efficacy scores as measured by the College Self-Efficacy Inventory (CESI; Solberg, O\u201fBrien, Villareal, Kennel, & Davis, 1993), of student-athletes who participated in the versus those who did not (See Table 2). Self-Efficacy scores differed for the Full Scale from a mean of 129 = 21.8) for the first week of school to a mean of 135 = 17.4) following the 10-week intervention. Table 2 Descriptive Statistics Full Scale Group Pre- Test Post- Test Significance Mean Mean Experimental 21 129 21.8 135 17.4 Control 17 135 21.1 141 21.4 0.901 38 The third and final null hypothesis was supported. There was no significant difference in the academic performance, based on grade point average, of student-athletes who participated in a life skills program versus those who did not (See Appendix for individual data). The average number of credits taken during fall quarter was similar between the experimental and control groups (See Table 3). The range of credits completed for the experimental group during the fall quarter was nine to eighteen while the range of credits taken for the control group ranged between five and seventeen. The mean grade point average of the treatment group was higher than the mean of the control group participants (See Table 3). However, there was not a significant difference between the grade points of the two groups. Table 3 Descriptive Statistics - Academic Outcomes for Fall Quarter Group Credits Mean Mean Experimental 21 15 7.39 2.98 0.38 Control 17 13 10.23 2.63 0.95 Discussion Although there were no statistically significant difference in academic performance based on grade point average, the differences between the two groups is worth noting. The average for seminar participants was .35 of a grade higher than the for control group participants. This suggests that participation in a life skills course could expose freshman student-athletes to skills and resources that can help them properly adjust to the academic demands placed on them during their transition to university. Outcome results of this study do not show statistically significant results in support of a life skills program as measured by the and CSEI. However, participants in the 39 experimental group provided favorable reviews for the in the course evaluation (See Appendix H). On a four-point Likert-type scale evaluation, student-athletes rated the practicality and relevance of the course and the information provided (1 = poor, 2 = Fair, 3 = Good 4 = Excellent). Overall, participants enjoyed the course (Mean = 3.33 = 1.00) and felt that the material presented provided \u201cExcellent\u201d relevancy to their experience and needs as student-athletes: \u201cPretty much all the main material was related to being a student-athlete and it was taught in a way that enabled us to follow along and try out some of the methods.\u201d \u201cThe content was always well known and expressed with good overall knowledge. The subjects were all relevant to our lives.\u201d Participants described the instructors\u201f guidance as well as effectiveness in teaching the course material to be useful (Mean = 3.50 = 1.04): \u201cCatherine did a good job always asking us students about our own thoughts and getting us involved all the time. It was helpful as a freshman to be given some helpful tips and guidance to succeed.\u201d Course evaluations provided by participants in the demonstrated that was perceived as beneficial to their academic success at Western Washington University. Freshman student-athletes who are successful in adjusting to the academic and social demands of university life will be more likely to achieve success in greater social and academic self-confidence (Curry & Maniar, 2003; Harris, Altekruse, & Engels, 2003; Melendez, 2006). 40 The last two questions on the course evaluation were open ended questions. The first question asked: \u201cWhat aspects of the teaching or content do you feel were especially good?\u201d The most common response was regarding the variety of teaching methods and material utilized. Students expressed how topics such as time management, goal setting, relaxation and stress management were helpful in enabling them to achieve academic success. The second question asked: \u201cWhat changes would you make to improve future offerings of this course?\u201d The overall response for this question was to offer more student involvement and group activities. Students reported that since the class was offered too early (8am), more active learning experiences would enhance their learning effectiveness. Other suggestions included the use of letter grades instead of a Pass/Fail grading system and an increase in the number of homework assignments. Summary Freshman student-athletes who participated in 10-week showed no significant differences in measures of students\u201f adaptation to college (SACQ), self-efficacy (CSEI), and grade point average when compared with those who did not participate in the LSSC. The grade point averages between the treatment and control groups were not significantly different. However, through self-reporting student-athletes conveyed that their participation in the life skills program proved to be useful and that the skills learned would continue to be useful through their college career. 41 Chapter Summary, Conclusions, and Recommendations Summary The present study examined the effectiveness of a life skills seminar for freshman student-athletes on their social and academic adjustment to college. The various demands placed on student-athletes as they enter college requires a great amount of balance and responsibility (Carodine, Almond, & Grato, 2001; Miller & Kerr, 2002; Wilson & Pritchard, 2005). Research studies indicate that support and education programs focusing on life skills can help student-athletes succeed both socially and academically at the university level (Curry & Maniar, 2003; Denson, 1994; Melendez, 2006). Thirty-eight freshman student-athletes were recruited and randomly selected to participate in a Life Skills Seminar Course (LSSC) designed to provide resources and tools that would help freshman student-athletes adjust academically and socially to university life at Western Washington University. In order to evaluate the effectiveness of the on student adaptation to college, college self-efficacy, and grade point averages of the student- athletes were collected at the beginning and conclusion of the course. Conclusions The present study was designed to examine the significance of a life skills program for freshman student-athletes. It was tested if there would be no difference in adjustment, self-efficacy, and grade point average in the student-athletes who participated in the study versus those who did not. Findings of the study support all three of the null hypotheses: 42 1. No significant interaction found between time (pre- or post-measures) or groups (treatment and control) of student-athlete adaptation to college as measured by the Student Adaptation to College Questionnaire (SACQ). 2. No significant interaction was found between time (pre- or post-measures) or groups (treatment and control) in student-athlete college self-efficacy as measured by the College Self-Efficacy Inventory (CSEI), which supports the second null hypothesis. 3. Grade point averages (GPA) for Fall Quarter for both groups were compared at the end of the quarter and no significant relationship was found, supporting the third and final null hypothesis. Although no significant interactions were found in adaptation, self-efficacy, or grade point averages, evaluations from student-athletes who participated in the stated that the course content was beneficial to their general knowledge. In addition, student-athletes expressed satisfaction with their educational experiences as participants in the LSSC. Goal setting, time management, the resource search assignment, and stress management were identified as the most helpful to their experience and education at Western. The results of the study also revealed that while the differences in academic performance, between the treatment and control, as measured by the grade point averages were not statistically significant, there was a difference worth noting. The average for seminar participants was 2.98, which was .35 points higher than the for the control group participants. This data suggests that the participants within the were exposed to resources that possibly helped them to properly adjust to the academic demands placed on them during their transition to university. 43 Recommendations The following recommendations are suggested for future investigations: 1. It would be beneficial to complete a longitudinal study that would evaluate and assess participants as they continue their college career. Evaluating grade point averages as the student-athletes continue through the second and third year of college would help to better assess the long term outcomes of a Life Skills Seminar Course. 2. Researchers could also compare the differences in adjustment and self-efficacy outcomes based on gender and sport. Significant differences may exist between male and female participants, or between athletes who are in season or compete later during the school year. Certain sports begin their season in the summer or beginning of Fall Quarter and could experience two different periods of adjustment; at the start of their training for their sport and the start of school. 3. In an effort to control for variations in the coursework load of student-athletes, it would be ideal for researchers to be able to match the control and treatment groups according to the demands of their academic workloads. 4. It would be helpful to develop and include questions within the and that are tailored to measure freshman student-athlete adjustment and self-efficacy to college. Both the and scales that were used in this study were intended for general student populations; neither provided an athletic subscale or an aspect that would be unique to the student-athlete experience. Student-athletes who begin Fall Quarter must adjust to new teammates, coaches, roles on the team, and training schedules a full month ahead of school starting. Their adjustment could have a 44 significantly different measure than those who do not start their training until Winter Quarter. 5. Creating a more active learning environment within the course. Feedback from participants stated that the goal setting assignment helped them to focus on their academics. Students wished there had been more interactive components to the course like the goal setting assignment to help them concentrate on specific areas of their life. Future courses should provide material where actively practicing skills can help students to narrow their focus and improve in the area they are working on. 6. Future course should provide material on topics that student-athletes regard as important to their success at a university. Goal setting, time management, balance, self-care, and academic career planning were all topics that participants felt were extremely helpful to their transition to university life. Making sure to include these and any other subject matter that student-athletes feel is important, will help to establish a more positive environment for personal, social, and academic growth. 7. Encouraging universities to provide life skills seminars or freshman orientation classes that can provide the academic support services that students need to succeed. Providing support services like life skills programs to student-athletes at the start of their freshman year can help them to receive as much academic and social support as they adjust to the new demands of university life. 45 References Ahlgren-Bedics, R., & Monda, S. (2009). Life Skills for collegiate student-athletes: defining the need and model practices. In E. F. Etzel (Ed.), Counseling and psychological services for college student-athletes (pp. 113-175). Morgantown, WV: Fitness Information Technology. Aspinwall, L. G., & Taylor, S. E. (1992). Modeling cognitive adaptation: a longitudinal investigation of the impact of individual differences and coping on college adjustment and performance. Journal of Personality and Social Psychology, 63, 989-1003. doi:10.1037/0022-3514.63.6.989 Baker R., & Siryk B. (1984). 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Etzel (Ed.), Counseling and psychological services for college student-athletes (pp. 283-302). Morgantown, WV: Fitness Information Technology. 50 Petitpas, A. J., Cornelius, A. E., Van Raalte, J. L., & Jones, T. (2005 framework for planning youth sport programs that foster psychosocial development. The Sport Psychologist, 19, 63-80. Petitpas, A. J., Van Raalte, J. L., Cornelius, A. E., & Presbrey, J. (2004 life skills development program for high school student-athletes. The Journal of Primary Prevention, 24, 325-334. Petrie, T. A. (1992). Psychosocial antecedents of athletic injury: The effects of life stress and social support on female collegiate gymnasts. Behavioral Medicine, 18, 127-137. Petrie, T. A., Hankes, D. M., & Denson, E. L. (2011 student athlete\u2019s guide to college success: Peak performance in class and life. Boston: Wadsworth. Potuto, J., & O\u201fHanlon, J. (2007). National study of student-athletes regarding their experiences as college students. College Student Journal, 41, 947-950. Pratt, M. W., Hunsberger, B., Pancer, S. M., Alisat, S., Bowers, C., Mackey, K., Ostaniewicz, A., Rog, E., Terzian, B., & Thomas, N. (2000). Facilitating the transition to university: Evaluation of social support discussion intervention program. Journal of College Student Development, 41, 427-441. Sailes, G. A. (1993 guide for college-bound athletes. In W. Kirk & S. Kirk (Eds.), Student-athletes: Shattering the myths and sharing the realities (pp. 51-58). Alexandria, VA: American Counseling Association. Schwartz, R. A., & Washington, C. M. (1999). Predicting academic success and retention for african-american women in college. Journal of College Student Retention, 1, 177- 191. 51 Shurts, W. M., & Shoffner, M. F. (2004). Providing career counseling for collegiate student- athletes learning theory approach. Journal of Career Development, 31, 95-109. Smith, R. E. (1989). Effects of coping skills training on generalized self-efficacy and locus of control. Journal of Personality and Social Psychology, 56, 228-233. Smith, R.E., Schultz, R.W., Smoll, F.L., & Ptacek, J.T. (1995). Development and validation of a multidimensional measure of sport-specific psychological skills: The Athletic Coping Skills Inventory-28. Journal of Sport and Exercise Psychology, 17, 379-398. Solberg, V. S., O\u201fBrien, K., Villareal, P., Kennel, R., & Davis, B. (1993). Self-efficacy and Hispanic college students: Validation of the College Self-Efficacy Instrument. Hispanic Journal of Behavioral Sciences, 15, 80-95. doi: 10.1177/07399863930151004 Taylor, M. A., & Pastor, D. A. (2007 Confirmatory factor of analysis of the student adaption to college questionnaire. Educational and Psychological Measurement, 67, 1002-1018. doi: 10.1177/0013164406299125 Vernacchia, R. A. (2007). The next step: Helping athletes make the psychological transitions to college life will improve their performance both on and off the field. Techniques for Track and Field and Cross Country, 1(2), 20-24. Watson, J. C., & Kissinger, D. B. (2007). Athletic participation and wellness: Implications for counseling college student-athletes. Journal of College Counseling, 10, 153-162. Whitner, P. A., & Myers, R. C. (1986) Academics and an athlete case study. The Journal of Higher Education, 57, 659-672. Wilson, G., & Pritchard, M. (2005). Comparing sources of stress in college student athletes and non-athletes. Athletic Insight: The Online Journal of Sport Psychology, 7, 1-8. 52 World Health Organization (WHO) (1994). Life skills education in schools, Geneva, Switzerland. 53 Appendix Informed Consent 54 Purpose and Benefit: The purpose of this experiment is to examine the effects of a life skills class on the social and academic performance of freshman student-athletes. The results of this study will advance our knowledge of the current needs of freshman student-athletes and provide an understanding of how administrators can provide future programming to student-athletes at the university level THAT: 1) Participating in this experiment will involve enrolling in either a control or experiment group. As part of the experimental group will receive 2 academic credits for my full participation and successful completion in a Life Skills Program #). The class will meet twice a week for a total of two hours during the quarter. As part of my participation in this class will be asked to participate in class discussions and complete required readings and assignments. During my participation in this class will be required to complete two questionnaires (Student Adaptation to College Questionnaire and College Self-Efficacy Inventory) at the beginning and the end of the quarter. If miss three class meetings or do not complete the minimum required assignments will not receive credit for this course. 2) If assigned to the control group will not receive credit will be asked to complete two questionnaires (Student Adaptation to College Questionnaire and College Self-Efficacy Inventory) at the beginning and the end of the quarter. The total time commitment will be about 2 hours during the quarter. 3) There are no anticipated risks or discomfort associated with participation. The researcher will be available to answer any questions might have while participating am able to stop my participation in this study at any time and understand that my participation is completely voluntary. 4) This study will require the documentation of grade point averages for the quarter give the researcher permission to access this information understand that this information provided will be kept confidential and my name will not appear on any of the results. No individual responses will be reported; only group findings will be reported. 5) Benefits for participating in this study can help me to understand how well am adjusting to university life and how my social and academic performance can possibly improve with the knowledge and skills taught through this study will also be providing college administrators with valuable information and insight regarding the social and academic performance of freshman student-athletes. This knowledge can help to provide programs aimed at helping student-athletes become successful in life and at the freshman university level. 6) My signature on this form does not waive my legal rights of protection 55 7) This experiment is conducted by Catherine Rasnack. Any question you have about the experiment or your participation may be directed towards her. If you have any questions about your participations or your rights as a research participant, you can contact the Human Protections Administrator (HPA), (360) 650-3220. If during or after participation in this study you suffer from any adverse effects as a result of participation, please notify the researcher directing the study or the Human Protections Administrator have read the above description and agree to participate in this study. _______________________________________ __ _________________ Participants Signature Date _________________________________________ Participant\u201fs NOTE: Please sign both copies of the form and retain the copy marked \u201cParticipant.\u201d 56 Appendix Student Adaptation to College Questionnaire 57 Student Adaptation to College Questionnaire 1 feel that fit in well as part of the college environment. 2 have been feeling tense or nervous lately. 3 have been keeping up to date on my academic work. 4 am meeting as many people, and making as many friends as would like at college. 5 know why I\u201fm in college and what want out of it. 6 am finding academic work at college difficult. 7) Lately have been feeling blue and moody a lot. 8 am very involved with social activities in college. 9 am adjusting well to college. 10 have not been functioning well during examinations. 11 have felt tired much of the time lately. 12) Being on my own, taking responsibility for myself, has not been easy. 13 a satisfied with the level at which am performing academically. 14 have had informal, personal contacts with college professors. 15 am pleased now about my decision to go to college. 16 am pleased now about my decision to attend this college in particular. 17) I\u201fm not working as hard as should at my course work. 18 have several close social ties at college. 19) My academic goals and purposes are well defined. 20 haven\u201ft been able to control my emotions well lately. 21) I\u201fm not really smart enough for the academic work am expected to be doing now. 22) Lonesomeness for home is a source of difficulty for me now. 23) Getting a college degreed is very important to me. 24) My appetite has been good lately. 25 have been very efficient in the use of study time lately. 26 enjoy living in a college dormitory. 27 enjoy writing papers for my course. 28 have been having a lot of headaches lately. 29 really haven\u201ft had much motivation for studying lately. 58 30 am satisfied with the extracurricular activities available at college. 31) I\u201fve given a lot of thought lately to whether should ask for help from the psychological/Counseling Center Services or from a psychotherapist outside of college. 32) Lately have been having doubts regarding the value of a college education. 33 am getting along very well with my roommate(s) at college. 34 wish were at another college or university. 35) I\u201eve put on (or lost) too much weight recently. 36 am satisfied with the number and variety of courses available at college. 37 feel that have enough social skills to get along well in the college setting. 38 have been getting angry too easily lately. 39) Recently have had trouble concentrating when try and study. 40 haven\u201ft been sleeping well recently. 41) I\u201fm not doing well enough academically for the amount of work put in. 42 am having difficulty feeling at ease with other people at college. 43 am satisfied with the quality or the caliber of courses available at college. 44 am attending classes regularly. 45) Sometimes my thinking gets muddled up too easily. 46 am satisfied with the extent to which am participating in social activities at college. 47 expect to stay at college for a bachelor\u201fs degree. 48 haven\u201ft been mixing too well with the opposite sex lately. 49 worry a lot about my college expenses. 50 am enjoying my academic work at college. 51 have been feeling lonely a lot lately. 52 am having a lot of trouble getting started on homework assignments. 53 feel have a good control over my life situation at college. 54 am satisfied with my program of courses for this semester/quarter. 55 have been feeling in good health lately. 56 feel am very different from other students at college in ways that don\u201ft like. 57) On balance would rather be home than here. 59 58) Most of the things am interested in are not related to any of my course work at college. 59) Lately have been giving a lot of thought to transferring to another college. 60) Lately have been giving a lot of thought to taking time off from college and finishing later. 61 find myself giving considerable thought to taking time off from college altogether and for good. 62 am very satisfied with the professors have now in my courses. 63 have some good friends or acquaintances at college with whom can talk about any problems may have 64 am experiencing a lot of difficulty coping with the stresses imposed upon my in college. 65 am quite satisfied with my social life at college. 66) I\u201fm quite satisfied with my academic situation at college. 67 feel confident that will be able to deal in a satisfactory manner with future challenges here at college. 60 Appendix College Self-Efficacy Inventory (CSEI) 61 62 Appendix Course Syllabus 63 Life Skills for the Student-Athlete Fall 2010 Instructors: Catherine Rasnack Dr. Ralph Vernacchia [email protected] [email protected] 112; (360)650-6877 104; (360)650-3514 Office Hours 1-2pm Students may also schedule a time to meet with instructor by appointment Class Time: 8am Location: Carver 110 Textbook: Petrie, Hankes, & Denson (2011 student athlete\u201fs guide to college success: Peak performance in class and life. Boston, MA: Wadsworth Publishing Company. Course Description: This Life Skills class is a two-credit course designed to assist student-athletes during their transition to university both academically and personally. The purpose of this course is to provide you with an opportunity to explore issues that are relevant to collegiate level student- athletes. Upon completion of this course, you should have a better understanding of Western Washington University, its resources, and skills that will aide you in succeeding academically, socially, athletically, and personally. Course Objectives: 1. To identify skills, tools, and resources necessary during the first year of college 2. To conduct class lectures and discussions which explore important topics that related to the lives of university student-athletes 3. Provide students with the opportunity to explore and develop skills that will serve them through their college career. Course Requirements: Attendance Written report Goal Assignment Blackboard Assignments Western Resource Search Library Tour Reading Assignments 64 Attendance \u2013 You are expected to attend all class meetings. You are permitted two (2) unexcused absences. If you miss more than two classes you will receive a grade of \u201cF\u201d for this course on your transcript. Excused absences for illness, family emergencies, and religious holidays will be accepted with proper documentation. Written Report \u2013 Students will complete a written report at the end of the quarter about their experience implementing different subject matter discussed in class. Student will write on at least two skills that they found to be relevant and important to them in their own lives. The written report should be 3 \u2013 5 pages in length describing what skills and tools from the class they found most beneficial to them. Students should describe how they are actually applying the skills learned in class life and how they see these skills benefiting them in the future. Papers should be typed, double spaced, and 12-point times new roman font. Goal Assignment \u2013 Students will be asked to choose an area to focus on and evaluate for a month. Students must create a goal for themselves that is academic, personal, social, or athletic that they wish to work on over a month long time period. Students must document their daily or weekly progress and complete an evaluation of their progress. In a 1 page written report students must describe what their goal was, what worked for them in achieving their goal, anything they would improve on, any distractions that may have disrupted their goal attainment, etc. Western Resource Search \u2013 Students will be asked to complete a search for resources on campus that would be beneficial to them through their college career. Students will write about three resources they choose and explain why those resources will be helpful to them. Include in your report: hours of operation, services offered, contact information, mission/goal of the resource etc. Blackboard Assignments \u2013 Complete one discussion board post on Blackboard on dates listed in syllabus (see assignments below) based on exercises from assigned readings. All posts on Blackboard are confidential and will only be seen by your fellow classmates. You should only write and share what you feel comfortable sharing. Assignments will be graded based on completion and if posted on time. Any assignment that is posted late will not be counted in the total points. Reading Assignments \u2013 Readings should be complete prior to the class date that they are assigned. Each assigned reading will be discussed in class as well as on Blackboard. 65 Grading Grading will be based on a Pass/Fail (S/U) system. In order to successfully pass this class you must earn 280 points or more. Grades on individual assignments based will be determined on merit and effort. Please make sure to complete each assignment in completion and show that you took time answer each question carefully. Attendance: 0 absences = 20 points 1 absence = 15 points 2 absences = 10 points Your 3rd absences will result in for this course Assignment Grading Attendance 10 - 20 points Written Report: 100 points Goal Assignment: 30 points Readings: 11 - 10 points each = 110 points Blackboard Assignments: 6 \u2013 10 points each = 60 points Resource Search 80 points Total 400 points ** Remember to check the syllabus frequently so that you are aware of the deadlines and assignment due dates** Important Due Dates & Reminders: No Class \u2013 Wednesday Oct. 27th Resource Search \u2013 Monday Nov. 1st Goal Assignment - Monday Nov. 15th Written Report \u2013 Wednesday Dec. 1st 66 Course Schedule Monday Sept. 27th \u2013 Introduction - Introduction & Course Syllabus overview - Meet instructors and class members - Complete Wednesday Sept. 29th \u2013 7 Habits of Highly Effective Student-Athletes - Guest Speaker Dr. Ralph Vernacchia Assignment: - Reading Assignment: Chapter 1 pg. 2 \u2013 32 - Blackboard Assignment: o Pease respond to at least 1 of the 5 questions in Exercise 1.1 Your Transition to (pg. 4). o With each response please include: \uf0a7 Which question you are responding to \uf0a7 Include a few sentences in your response and be as detailed as you feel comfortable. o Exercise 1.6 Why Are You in College? \uf0a7 List 5 \u2013 10 reasons why you enrolled at Western? ** Remember \u2013 all posts on are confidential and will only be seen by your fellow classmates. You should only write and share what you feel comfortable sharing. ** Monday Oct. 4th \u2013 Getting to Know You - Discussion of Assignment - Connections between Dr. Vernacchia\u201fs lecture and Class - Small Group Discussion - Ice Breaker Assignment: - Reading Assignment: Chapter 2 pg. 34 \u2013 50 - Come up with 4 questions for the Athlete Panel o Should be related to their transition to College and advice you would want for your own transition Wednesday Oct. 6th \u2013 Athlete Panel - Guest Speakers Junior & Senior student-athletes discuss their transition to Assignment: - Reading Assignment: Chapter 3 pg. 52 \u2013 76 - BlackBoard Assignment: o Exercise 3.1 Determining Your Time Priorities 67 \uf0a7 Please complete the exercise listed on pg. 54 \uf0a7 Once you have completed the exercise please answer question 5 on Monday Oct. 11th - Goal Setting and Time Management - Learning and Developing short and long term goals - Effectively managing time and balancing activities Assignment: - Begin working on your Goal Assignment o Establish a way to keep track and record your progress on successfully completing your goal o Evaluation will be due: Nov. 15th - Reading Assignment: o Chapter 6 Pg. 127 \u2013 136 o Chapter 7 Pg. 153 - 162 - BlackBoard Assignment: o Exercise 7.1 What Distracts You? (Pg. 148) \uf0a7 Please respond to the questions in Exercise 7.1 \uf0a7 Your response may be in one complete written response or divided by each question Wednesday Oct. 13th - Library Tour & Student Services - Introduction to Wilson Library - Introduction on how to use the databases and conduct systematic literature searches Assignment: - Reading Assignment: o Chapter 8 pg. 164 - 191 Monday Oct. 18th \u2013 Study Skills - Study techniques - Learning styles Assignment: - Reading Assignment: o Chapter 12 pg. 270 \u2013 299 - BlackBoard Assignment: o Exercise 12.2 Identifying Your Transferable Skills \uf0a7 Complete Questions 1 \u2013 3 on your own \uf0a7 Answer Question 4 on Blackboard - Announce Resource Search Assignment \u2013 Due: Monday Nov. 1st Wednesday Oct. 20th \u2013 Test Taking Skills & Campus Resources - Test Taking Strategies - Resources on campus - Resource Search Assignment Discussed Monday Oct. 25th \u2013 Motivational Inventory 68 - What motivates you? - Discovering Life Values - Life Values Inventory Wednesday Oct. 27th \u2013 No Class - Use this time to work on your Goal Evaluation Assignment or Resource Search Assignment - Resource Search Assignment is due: Monday Nov. 1st - Goal Evaluation Assignment is due: Monday Nov. 15th Monday Nov. 1st \u2013 Relaxation - Introduce importance of relaxation - Learn to understand how to implement relaxation & visualization techniques into everyday life to help reduce stress - Introduce concentration scripts Wednesday Nov. 3rd - Self-Talk & Confidence - Discussion on sources of confidence in sport, academics and personal life - Introduction of self talk - Learning how to replace negative thoughts and thought stoppage Assignment: - Reading Assignment: o Chapter 13 pg. 300 - 320 Monday Nov. 8th \u2013 Registration & How to Choose Major - Discovering how to choose a major - Looking over Majors - Registration questions answered Assignment: - Reading Assignment: o Chapter 9 pg. 195 -215 Wednesday Nov. 10th \u2013 Communication - The keys to effective communication - Developing strategies to make your voice be heard in a non-confrontational way Assignment: - Reading Assignment: o Chapter 11 pg. 246 \u2013 268 - BlackBoard Assignment: o Complete Exercise 11.1 What Are your Stressors? o Complete Exercise 11.4 Eliminating Stressors from Your Life o Answer Question 1 from 11.4 on BlackBoard Monday Nov. 15th - Self- Care and Wellness 69 - Discussion on how to take care of yourself \u2013 mentally, physically, and emotionally - Where to go when you are sick, how to find time for relaxation, and the importance of self care Assignment: - Reading Assignment: o Chapter 10 pg. 230 - 244 Wednesday Nov. 17th \u2013 Alcohol & Drug Safety - The hazards of partying - How to drink responsibly (if you choose to) - Guest speakers (Life Style Advisors - AOD) Assignment: - Reading Assignment: o Chapter 10 pg. 217 \u2013 230 o Come up with 2 questions for Dr. Lindsey to answer in class on Monday Monday Nov. 22nd - Nutrition - The dangers of stress to your body - How stress affects you physically, mentally, and emotionally - Strategies for coping with stress Wednesday Nov. 24th \u2013 No Class Monday Nov. 29th - Healthy/Positive Relationships - Sexual relationships discussed - Safe and healthy ways to be in a relationship - Guest Speakers (Lifestyle Advisors \u2013 WEAVE/WMAV) Wednesday Dec. 1st - Final Discussion - Class discussion - Written report due - Class evaluation 70 Appendix Individual Adjustment Scores 71 Experimental Group Data Subject Number Full Scale Academic Social Emotional Attachment 1 343 (346) 134 (119) 82 (98) 64 (65) 97 (90) 2 349 (342) 117 (120) 97 (98) 71 (64) 95 (89) 3 341 (314) 122 (102) 95 (89) 63 (66) 91 (90) 4 343 (354) 165 (154) 72 (88) 79 (93) 85 (90) 5 347 (334) 117 (110) 96 (94) 77 (74) 88 (85) 6 358 (349) 129 (119) 98 (102) 72 (70) 94 (94) 7 356 (376) 120 (128) 98 (90) 70 (89) 97 (95) 8 341 (350) 121 (111) 95 (96) 67 (89) 90 (82) 9 360 (309) 136 (118) 89 (86) 80 (63) 90 (75) 10 349 (367) 121 (142) 97 (97) 75 (72) 96 (88) 11 361 (341) 115 (108) 105 (103) 81 (81) 93 (88) 12 322 (340) 117 (121) 93 (87) 67 (74) 79 (87) 13 338 (359) 123 (118) 98 (106) 72 (83) 81 (87) 14 318 (350) 108 (119) 100 (102) 63 (77) 76 (87) 15 352 (375) 119 (135) 109 (122) 70 (67) 93 (90) 16 339 (327) 116 (125) 98 (80) 61 (66) 96 (79) 17 349 (333) 113 (113) 100 (95) 75 (69) 94 (88) 18 353 (330) 126 (112) 94 (107) 74 (66) 89 (83) 19 350 (345) 125 (118) 92 (98) 67 (62) 88 (94) 20 348 (348) 115 (115) 101 (108) 73 (65) 90 (97) 21 382 (353) 132 (126) 105 (96) 77 (65) 99 (89) *Pre-test (post-test) 72 Control Group Data Subject Number Full Scale Academic Social Emotional Attachment 1 333 (331) 111 (124) 94 (84) 75 (66) 81 (76) 2 346 (370) 116 (130) 98 (95) 78 (83) 86 (87) 3 341 (346) 122 (126) 97 (95) 63 (71) 76 (77) 4 341 (342) 126 (118) 90 (100) 69 (61) 86 (90) 5 332 (341) 109 (117) 98 (113) 66 (58) 89 (92) 6 330 (329) 109 (122) 94 (89) 75 (68) 79 (78) 7 374 (328) 120 (126) 119 (81) 72 (81) 91 (81) 8 322 (330) 103 (105) 91 (92) 62 (68) 94 (89) 9 311 (362) 131 (120) 79 (102) 74 (76) 54 (92) 10 352 (346) 139 (139) 88 (88) 74 (72) 84 (83) 11 331 (343) 104 (109) 105 (100) 62 (70) 90 (91) 12 399 (320) 143 (122) 115 (78) 82 (62) 100 (99) 13 343 (332) 125 (108) 112 (91) 68 (73) 80 (92) 14 341 (367) 111 (122) 95 (103) 71 (89) 97 (86) 15 353 (337) 124 (95) 99 (97) 68 (84) 93 (92) 16 343 (348) 117 (121) 99 (89) 68 (79) 88 (91) 17 321 (347) 98 (118) 109 (97) 72 (80) 76 (88) *Pre-test (post-test) 73 Appendix Individual Self- Efficacy Scores 74 Experimental Group Data Subject Number Full Scale Course Roommate Social Social 1 99 (153) 30 (47) 24 (33) 25 (35) 13 (20) 2 167 (150) 54 (50) 30 (29) 48 (39) 22 (19) 3 128 (116) 36 (32) 25 (26) 39 (33) 15 (15) 4 176 (173) 56 (53) 32 (32) 48 (48) 24 (24) 5 144 (125) 44 (41) 31 (26) 40 (30) 16 (16) 6 142 (149) 41 (46) 28 (30) 43 (40) 19 (19) 7 138 (142) 41 (45) 27 (26) 38 (40) 20 (20) 8 106 (130) 24 (38) 24 (29) 28 (25) 16 (19) 9 117 (141) 27 (38) 30 (32) 34 (39) 19 (20) 10 98 (108) 18 (29) 26 (30) 29 (29) 17 (15) 11 113 (128) 35 (39) 25 (29) 30 (34) 15 (15) 12 125 (146) 36 (45) 31 (31) 35 (39) 15 (19) 13 88 (120) 19 (35) 29 (28) 21 (30) 12 (17) 14 112 (121) 36 (36) 23 (28) 29 (30) 15 (15) 15 123 (112) 39 (32) 25 (26) 35 (30) 14 (15) 16 143 (162) 43 (47) 31 (30) 35 (48) 21 (21) 17 141 (142) 46 (46) 26 (30) 35 (34) 19 (19) 18 132 (125) 42 (39) 25 (26) 35 (32) 17 (17) 19 140 (141) 42 (41) 25 (27) 37 (36) 23 (23) 20 129 (114) 45 (39) 24 (28) 28 (18) 20 (18) 21 139 (145) 38 (42) 32 (32) 36 (38) 22 (20) *Pre-test (post-test) 75 Control Group Data Subject Number Full Scale Course Roommate Social Social 1 117 (119) 53 (38) 4 (15) 40 (38) 12 (14) 2 148 (143) 47 (42) 30 (28) 36 (40) 20 (19) 3 109 (111) 37 (33) 27 (24) 21 (29) 15 (13) 4 138 (124) 41 (36) 31 (25) 30 (32) 24 (20) 5 120 (122) 33 (33) 30 (28) 25 (28) 20 (19) 6 125 (118) 42 (45) 26 (17) 31 (30) 14 (13) 7 176 (121) 56 (36) 32 (18) 48 (37) 24 (16) 8 165 (173) 48 (54) 32 (32) 47 (48) 23 (23) 9 150 (159) 45 (48) 28 (32) 42 (43) 20 (22) 10 161 (167) 56 (56) 30 (31) 42 (44) 18 (21) 11 128 (126) 41 (41) 28 (25) 30 (32) 18 (16) 12 94 (125) 37 (35) 16 (30) 27 (37) 4 (10) 13 130 (158) 37 (54) 30 (32) 36 (39) 16 (20) 14 147 (174) 46 (53) 30 (32) 37 (47) 20 (26) 15 124 (148) 36 (47) 27 (26) 31 (39) 17 (22) 16 136 (143) 46 (47) 26 (25) 34 (36) 18 (21) 17 123 (162) 40 (50) 24 (31) 32 (44) 15 (24) *Pre-test (post-test) 76 Appendix Individual Grade Point Average & Credit Load 77 Experimental Group Data Subject Number Fall Quarter 1 2.65 2 3.08 3 2.55 4 2.14 5 3.30 6 2.66 7 3.50 8 2.49 9 3.50 10 3.20 11 2.65 12 1.98 13 3.60 14 3.60 15 2.70 16 3.60 17 1.67 18 3.78 19 3.05 20 3.00 21 3.89 Control Group Subject Number Fall Quarter 1 2.66 2 3.13 3 2.23 4 3.45 5 2.38 6 3.10 7 4.00 8 1.23 9 3.11 10 2.56 11 3.54 12 3.30 13 0.62 14 2.23 15 0.96 16 3.79 17 2.33 77 Appendix Course Evaluation Outcomes 78 4 = Excellent, 3 = Good, 2 = Fair, 1 = Poor 4= Always, 3 = Often, 2 = Sometimes, 1 = Rarely or Never What aspects of the teaching or content do you feel were especially good? - The content was always well known and expressed with good overall knowledge. The subjects were all relevant to our lives. - Variety in topics/content was especially good and very relevant - Guest speakers were a nice change of pace and really important - Stress management and relaxation classes were really helpful - Pretty much all the main content was related to being a student-athlete and she taught it in a way that enabled us to follow along and try out some of the methods. - Catherine did a good job always asking us students about our own thoughts and getting us involved all the time. It was helpful as a freshman to be given helpful hints and guidance to succeed. - Goal setting, library tour, and mental toughness lectures were really good What changes would you make to improve future offerings of this course? - The class was too early - More student involvement or group activities - Not having to buy the book \u2013 give out handouts instead Question: Mean 1. Use of class time was: 3.11 0.75 2. Clarity of student responsibilities and requirements was: 3.67 1.26 3. Encouragement of student self-expression was: 3.33 0.86 4. Challenge level of assigned work was: 3.00 0.57 5. Relevancy of course content to student-athlete was: 3.61 1.23 6. Instructor\u201fs Guidance as a discussion leader was: 3.50 1.04 7. Instructor\u201fs openness to student views was: 3.72 1.36 8. Instructor\u201fs effectiveness in teaching the subject matter was: 3.50 1.04 9. The usefulness of this course for freshman student-athletes was: 3.11 0.66 10. The course overall was: 3.33 1.00 11. How often did you use/practice the mental skills covered in the course to aid performance in your sport: 2.89 1.08 12. How often did you use/practice the mental skills covered in the course to aid you academic performance: 3.00 1.07"} |
7,913 | Gary Welander | Western Oregon University | [
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] | {"7913_101.pdf": "Western settles lawsuit Polk County Itemizer-Observer Feb 9, 2005 former Western Oregon University stu\u00ffdent has agreed to a settlement with the state of Oregon in her sexual harassment case against the college and one of its pro\u00fffessors. Rosemary Garcia will receive $65,000 in exchange for drop\u00ffping her $12.6 million lawsuit against the institution and Gary Welander, who teaches in the school's education department, said Martin Dolan, her Portland lawyer, last Thursday. Department of Justice spokes\u00ffman Kevin Neely also con\u00fffirmed the settlement. The suit, filed in mid-January, stated that Welander offered to mentor Garcia and guide her studies in exchange for a sexual relationship. It charged that the university failed to address the situation, despite having actual knowledge of a \"pattern and practice of sexual harassment and sex discrimination\" by We\u00fflander. Garcia's health -- she is undergoing treatment for cancer -- was one of the reasons for the settlement, Dolan said. The state had offered $65,000 to Garcia last year before withdrawing the amount in December. \"The money is one thing, but it's a drop in the bucket,\" Dolan said. \"The main goal is to get the university to step up in future instances between professors and women have every reason to be\u00fflieve (Western) is going to create a harassment-free envi\u00ffronment.\" Welander has been on med\u00ffical leave since December. He did not return phone calls made to his office and home for com\u00ffment by press time President Philip Conn had said last month that he disagreed with claims that the university's administration had been unresponsive to the situa\u00fftion, and that he personally op\u00ffposed a settlement. But he said \"the authority to make that deci\u00ffsion rests elsewhere.\" Privacy - Terms 2/27/25, 7:33 Western settles lawsuit | Archive | polkio.com 1/3 told (the Department of Justice) that had reservations about it,\" Conn said last Friday felt it was important to let the various people involved in the matter speak to their own behav\u00ffior, whether it was university officers and the way the in\u00ffvestigation was conducted or the faculty member who'd been ac\u00ffcused memorandum to Conn from the trial counsel dated Jan. 26 outlined the need for a reso\u00fflution because of the financial risk associated with the lawsuit, and that \"the case truly becomes much more difficult when we look at the case the university has already made against Mr. Welander.\" Garcia was a student at West\u00ffern from 2002 to 2004, and worked for Welander in the education department's front of\u00fffice. The suit stated that We\u00fflander showed an \"intense interest\" in Garcia and that he suggested a relationship in ex\u00ffchange for guiding her academic career. Western officials, after learn\u00ffing of the relationship in April 2003, told Welander that Garcia shouldn't be in his classes. In response, the suit said, Welander created a special class for her, providing all her materials and instruction. Garcia filed a com\u00ffplaint with Western in April 2004. Peter Courtney, a professor and academic adviser at the university and the president of the Oregon Senate, had also been named in the suit, for failing to take disciplinary meas\u00ffures against Welander during other harassment related-inci\u00ffdents. Courtney had said he wasn't in a position to address Garcia's situation when it occurred. Nee\u00ffly said that Courtney was re\u00ffmoved as a defendant in the case before the settlement was reached because it was shown that he wasn't involved. The college has received widespread media attention dur\u00ffing the past month because of the lawsuit. Stories in the States\u00ffman Journal newspaper quoted former Western professors claiming school leaders have created an environment that dis\u00ffcourages students from speaking out about harassment. The Statesman Journal also reported last week that Welander was convicted in 1978 of sexual\u00ffly abusing a pre-teen female student while he was teacher at a Portland elementary school. Conn said that he learned of the conviction in December dur\u00ffing the school's own internal investigation of Welander, which began after Garcia filed her complaint in April 2004. 2/27/25, 7:33 Western settles lawsuit | Archive | polkio.com 2/3 Welander was hired at West\u00ffern during the early 1980s and is a tenured member of the faculty. Conn said if somebody lied on an application about a crime, the college might have grounds for action. \"But don't think now you can automatically dismiss some\u00ffbody for something that oc\u00ffcurred years ago, for something he's paid dues for,\" he said. Conn said Western finished its investigation of Welander early last week. Welander will not teach for the remainder of the school year, he said. Conn declined to discuss the findings of the investigation or say if Welander would keep his job. George Pernsteiner, acting chancellor of the Oregon University System (OUS), said Friday that he has asked Conn and Vice-Provost Jem Spectar to conduct an assess\u00ffment of the college's official procedures regarding sexual ha\u00ffrassment and relationships be\u00fftween professors and students. He said should have the report this spring, so policy changes, if necessary, could be put in place before the 2005-06 school year. \"My hope is that the per\u00ffception and reality on campus is that this is a community that supports a safe environment and a system that's fair,\" Pernsteiner said. Conn said the university has been revising and updating its harassment guidelines for the last two years. He said he hoped the recent publicity would spur everyone on campus to be more cognizant and aware of harass\u00ffment. 2/27/25, 7:33 Western settles lawsuit | Archive | polkio.com 3/3", "7913_102.pdf": "Harassment suits, allegations of dismissiveness hang over Oregon Capitol Connor Radnovich and Ben Botkin Statesman Journal Published 6:00 a.m Feb. 24, 2019 Updated 8:34 a.m Feb. 24, 2019 The pall of workplace sexual harassment and disrespect at the Oregon Capitol reached a new intensity this past week, underscored by two new lawsuits, the demotion of two House members and signs that mediation between the Legislature and the state Labor Bureau is nearing a conclusion. Meanwhile, Sen. Sara Gelser, D-Corvallis, continued her call for an open conversation on the Senate floor about Capitol culture, and drew a comparison between the recent actions taken by House Speaker Tina Kotek, D-Portland, and the hesitancy to act by Senate President Peter Courtney, D-Salem. Since allegations of sexual harassment and unwanted touching against former Sen. Jeff Kruse, R-Roseburg, became public in fall 2017, several lawsuits claimed (and two investigations concluded) that legislative leaders failed to protect employees after they knew about hostile work environments in the building. Behind the camera: How Salem resident Don Rogers won his Oscar Failing to act allowed a culture of tolerance toward harassment to fester. \"(Legislative leaders) expressed callous indifference to reports of Kruse\u2019s misconduct, and fostered an environment wherein complaints were discouraged with threats of retaliation, legal exposure, and negative career implications,\" the most recent lawsuit reads. These charges parallel similar concerns raised against Courtney during his time as the affirmative action officer at Western Oregon University \u2014 and recently resurrected at the Capitol \u2014 according to a review of newspaper archives and public records, and interviews by the Statesman Journal. 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 1/8 Through their spokespeople, Courtney and Kotek declined to comment for this story because of the ongoing litigation. Lawsuits against the Legislature There are now no fewer than four lawsuits against Legislative leadership on grounds of sexual harassment or discrimination currently moving through the legal system dating back to fall 2017. The most recent was filed Monday by two of Kruse's former interns. Anne Montgomery and Adrianna Martin-Wyatt, who interned during the 2017 session, are seeking millions in damages from the Legislature for placing them in a situation that leaders should have reasonably known could lead to harassment, and then not addressing Kruse's harassment when it happened. The Statesman Journal typically does not name victims of sexual abuse or harassment unless they choose to come forward publicly. \"Senior leaders and their advisers charged with protecting the Capitol work environment failed to prevent or remedy Kruse\u2019s conduct despite it being well-known for years, and despite the foreseeability of what happened to the plaintiffs,\" the lawsuit reads. Kruse exhibited unwanted touching, closeness and inappropriate language to both interns, according to the lawsuit. These acts included: asking about their sex lives; wrapping his arms around them across their breasts; touching their hips; squeezing them so tightly so that they couldn't move; and talking to them nose-to-nose. The lawsuit details the extent to which they went to avoid and counter Kruse's unwanted advances: Montgomery wore baggy clothes, stopped wearing makeup and trained herself to listen for Kruse\u2019s footsteps. Martin-Wyatt changed her work habits to not be standing near Kruse as often and eventually quit, losing out on course credit. Both took actions to limit their contact with Kruse, including working some of their days in other senator's offices. But the lawsuit states that the harassment continued. Kruse would eventually resign in February 2018, though he has continued to deny he harassed anyone. 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 2/8 Montgomery and Martin-Wyatt's cases play a key role in the Oregon Bureau of Labor and Industries investigation of Capitol culture released in January. It concluded legislative leaders created a hostile workplace by allowing verbal and physical sexual harassment to continue unabated for years. The parties decided to enter mediation to resolve the civil rights complaint. Howard Street: Top five things coming next for the Salem charter school The point of filing the lawsuit was at least two-fold, according to the interns' lawyer Charese Rohny. The first was to help get their story out, the other was to make sure any future litigation wouldn't be derailed by the two-year statute of limitations on these claims. \"In order to make sure that they have rights, a lawsuit had to be timely filed,\" Rohny said. \"It couldn\u2019t wait anymore.\" As of Friday, mediation was ongoing and individuals connected with the discussions indicated it might soon reach a conclusion. Participants in the mediation were required to sign non-disclosure agreements, which prohibit them from discussing the conversations or terms of any possible settlement. Some details have emerged, however. The most significant dialogue was a 14-hour session between representatives from BOLI, several harassment victims and legislative leadership on Feb. 5. The parties representing some of the victims left that session feeling positive about where the negotiations were headed, but that feeling has dissipated somewhat in the intervening weeks. Individuals with knowledge of the mediation said they expected a settlement to be reached by now, and, in fact, the hope was to try to come to an agreement by the end of that first day. The other recent lawsuit filed against legislative leadership is the second from Gail Stevens, a former lawyer for the Legislature. Stevens alleges in her Feb. 15 lawsuit that Courtney and Kotek failed to protect her from retaliation by the legislature's top lawyer, Dexter Johnson, after she began \"reporting and opposing unlawful and unethical conduct, mismanagement, abuses of power, gender discrimination, pay inequity and the mishandling of sexual harassment reports.\" 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 3/8 Some of these alleged retaliations stem from Stevens' disagreement with how Gelser's harassment complaints against Kruse were handled internally. This whistle-blower suit builds off her previous lawsuit from October 2017 that alleges that Johnson fired Stevens for \"reporting mismanagement, opposing and reporting unlawful practices, discussing wages and opposing pay inequity.\" The fourth suit in this vein currently open against legislative leadership is from Cheyenne Ross, a legislative policy analyst, who claimed she received far less in pay than her male co- workers. She filed a similar lawsuit in federal court several months later. Police: Misconduct may cost Salem officer, Marion County deputy their certifications Legislative demotions after outbursts Despite Kotek being named in some of these lawsuits, lawmakers and staff in the building see some of her recent public actions against even members of her own party as a sign she is trying to actively improve the Capitol's culture. On Thursday, Kotek removed Rep. Mitch Greenlick, D-Portland, entirely from the House Committee on Conduct and stripped him of his chairmanship of the House Committee on Health Care, which he had held since 2007. During a committee hearing Feb. 19, Greenlick got into an argument with a pair of pharmaceutical lobbyists testifying against bill, which boiled over to the point of him calling them \"stupid.\" He later apologized, but Rep. Christine Drazan, R-Canby, took the opportunity in committee to challenge Greenlick on his behavior, which she considered demeaning and \"absolutely inappropriate.\" Greenlick accused her of showboating. House Republicans formally called for his removal as chair later in the week, saying their members didn't feel safe with him in that position. In an internal email to lawmakers, Kotek wrote that Greenlick had \"made a serious mistake\" in committee. 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 4/8 Kotek also removed Rep. Bill Post, R-Keizer, from the House Judiciary Committee for his actions on social media. Post received some national attention for a recent tweet where he called for the Oregon Firearms Federation to attend a lobbying day at the Capitol organized by Moms Demand Action. In her email, Kotek said she and Post had previously talked about his use of social media and outstanding concerns members of the public had raised. Kotek also referenced a since- deleted tweet where Post singled out another lawmaker in her reasoning for removing him from the Judiciary Committee. \"The effort we are making to transform our workplace culture is complex and difficult do not take my responsibilities lightly and recognize the significance of these actions on the lives of my two colleagues,\" Kotek wrote. \"Nonetheless, we must always strive to do what is best for the people of Oregon and the Legislature as an institution.\" Her swift action earned her kudos from those in the building who have pushed for more responsiveness from leadership. Kotek was in hot water earlier this year after the investigation quoted her as telling Gelser other lawmakers found her \"unlikable.\" She quickly apologized for her phrasing, though she said she and Gelser were on the same side trying to find the best way to remove Kruse from office after the allegations against him surfaced. During her remarks after being sworn in as speaker, Kotek addressed the problems of workplace harassment and lawmakers' responsibility to improve the building's culture. \u201cIf anyone is sitting there thinking they are not the problem would ask that you catch yourself,\u201d she said. It's that kind of acknowledgement that has so far been absent from the Senate. \"There has been no recognition from the dais on the Senate floor,\" Gelser said. \"You can\u2019t fix problems if you can\u2019t talk about them, and we do not talk about these problems in the Senate.\" Dining out: At Bentley's Grill, Hans Afshar and Ethan Plumb debut new menus In many ways, Gelser has become the most vocal advocate for changing culture at the Capitol since her allegations against Kruse became public in fall 2017. She was the first complainant, 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 5/8 though she was quickly followed by Sen. Elizabeth Steiner Hayward, D-Portland, who had similar stories about Kruse's unwanted touching and closeness. But Steiner Hayward has chosen to be less publicly vocal about the need for change since she filed her formal complaint. \"Sen. Steiner Hayward believes in letting the overall process take place. Just as with her own complaint, she let the process unfold, and believes that her complaint was handled appropriately,\" Steiner Hayward's chief of staff Lizzy Atwood Wills wrote in an email. Gelser has repeatedly called for a conversation on the floor of the Senate about harassment in the building. After a workplace harassment training by the U.S. Equal Employment Opportunity Commission on Feb. 5 upset many in attendance, Gelser took to the floor in frustration advocating for change. \"Whether it's Jeff Kruse or Al Franken or former Western professors Norm Eburne and Gary Welander, we must take responsibility for our collective role in enabling their behavior when we fail to act and listen to the people that are actually harmed,\" Gelser said. \"When we do not intervene, dozens and dozens and dozens of further people can be harmed.\" While Kruse and Franken are well-known figures in the #MeToo era, Eburne and Welander are less familiar. However, both were at the center of sexual harassment complaints in the early 2000s \u2014 complaints Courtney and the university were accused of disregarding. According to newspaper articles from 2005, Eburne left the university sometime after the settlement against him in 2001, while Welander eventually gave up his tenured teaching position and retired from the university after a complaint against him in 2004. Gelser declined to confirm or deny that her mention of Eburne and Welander on the Senate floor had anything to do with the professors' connections to Courtney. \"My point was that, no matter what the institution, harassment needs to be addressed head- on,\" Gelser said. Truly local: To read stories online and in print about humanity, sports, politics and breaking news from all across Marion and Polk counties, subscribe to the Statesman Journal. 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 6/8 Claims against Courtney from Courtney received significant criticism for his handling of sexual harassment complaints during his time as assistant to the president at Western Oregon University, a review of Statesman Journal articles from 2005 shows. One case resulted in a $110,000 settlement and was filed during the time Courtney also served as the university's affirmative action officer. In that role, he received complaints from students about misconduct by faculty members. Records show that Courtney held that responsibility until November 2001. In December, student Leah Mangis received $110,000 from the state. She alleged school officials, including Courtney, were \"deliberately indifferent\" toward her complaint of sexual harassment by Eburne, according to a Statesman Journal article from Jan. 21, 2005. Her lawyer, Martin Dolan, informed the university in July 2001 he intended to file a multi- million dollar lawsuit. The lawsuit was never filed. In a letter to former university president Betty Youngblood, also in July, Dolan wrote: \"Mr. Courtney told several of these former students that Mr. Eburne's conduct was sexual harassment and that Courtney possessed a large file of complaints that had previously been filed against Mr. Eburne for alleged acts of sexual harassment.\" In the settlement, both sides agreed there was no proof of liability or fault for either Courtney or the university. Around the time the settlement was reached, Courtney discussed his retirement from the university and, in the interim, removing the responsibility of affirmative action officer from his job description. Farm labor: Silverton migrant farm contractor repeatedly failed inspections The job of affirmative action officer was transferred to another employee, though Courtney ended up staying with the university in a different capacity until 2014. Courtney was also named in a sexual harassment lawsuit in 2005 against Welander brought by Rosemary Garcia. Courtney was dropped as a defendant within a couple weeks and the university eventually settled the case for $65,000. 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 7/8 Beth Segal, a graduate student at Western, was one of the women who complained to Courtney about Welander. Interviewed recently by the Statesman Journal, Segal recalled asking Welander to sign a form allowing her to add his class, to which he allegedly responded, \"For a quickie will.\" Segal, a former Salem-Keizer teacher who now lives in California, said she took her complaint about Welander to Courtney, whom she said tried \"to brush me off ... like was a fly in the ointment. \"It would have been so simple to tell me: 'I'll look into this. Thank you for telling me,'\" Segal said. George Cabrera, a retired Western professor, confirmed that Segal came to him upset about Courtney's response. Months later, Segal had a follow-up meeting about the Welander complaint with Courtney, an attorney and then-university president Youngblood. Contact Connor Radnovich at [email protected] or 503-399-6864, or follow him on Twitter at @CDRadnovich Contact Ben Botkin at [email protected], 503-399-6687 or follow him on Twitter @BenBotkin1 2/27/25, 7:34 Harassment suits, claims against leaders hang over Oregon Capitol 8/8", "7913_103.pdf": "By Feb 7, 2005 Local education briefs Smoosh, other area students plan tsunami fund-raisers -- Watch More 0:08 0:08 // 0:10 0:10 2/27/25, 7:34 Local education briefs 1/5 Article continues below this ad Indie pop duo Smoosh, made up of two preteen sisters from Seattle, will play a March 4 show at a Seattle elementary school to raise money for tsunami relief. The event is being organized by students at Hay Elementary School, who are designing posters and marketing the show themselves with the goal of raising $5,000. The Smoosh Tsunami Relief Benefit is scheduled for 7 p.m. at the school, 201 Garfield St. Smoosh, which features 10-year-old Chloe on drums and 12-year-old Asya on keyboards and vocals, has opened for Pearl Jam, Sleater-Kinney, Death Cab for Cutie and The Presidents of the United States of America. The girls' parents wish to keep the family name private. Their debut, She Like Electric, has drawn comparisons to artists ranging from Joni Mitchell to Ben Folds. For information, call the school at 206-252-2100. 2/27/25, 7:34 Local education briefs 2/5 Seattle public school students have raised more than $50,000 for tsunami victims in the past month, and more fund-raisers are planned. This Friday, more than 300 children will display their talents during \"Seattle Kids Have Heart,\" a one-hour event that will feature gymnastics, juggling, ethnic dancing, unicycling, handwalking and double Dutch jump-rope. The event is from 7 to 8 p.m. in the gymnasium at West Seattle High School, 3000 California Ave. S.W. Other upcoming events include Article continues below this ad Friday from 2:30 to 5 p.m. and Saturday from 9 a.m. to noon -- Valentine student craft, garage and bake sale at Lawton Elementary, 4000 27th Ave. W. 2/27/25, 7:34 Local education briefs 3/5 Feb 7, 2005 Feb. 15 from noon to 2 p.m. -- Southeast Asian lunch and bake sale at the Homeschool Resource Center, 1330 N. 90th St. Western Oregon professor found to have sex conviction SALEM, Ore Western Oregon University professor is a convicted child sex abuser, according to court documents obtained by the Statesman Journal. Gary Welander, a tenured professor, was a teacher at a Portland-area elementary school during the mid-1970s when he sexually abused a young girl. He pleaded guilty in 1978. \"For 28 years lived with that,\" he said. \"I've done my time. I've paid my price.\" Welander said it was unfair to bring up his past. The university learned of the conviction after a university student accused him in 2002 of sexual harassment. She agreed to an out-of-court settlement. Around The Web Powered by Stop Information Overload By Ethereal Search Engine The Surprising Link Between Your Pillowcase and Aging By What You Need to Know About Car Loans By 2/27/25, 7:34 Local education briefs 4/5 Achieve Total Peace of Mind With Ring Devices By Look for Any High School Yearbook, It's Free! By Stop Paying Too Much for Your Prescriptions - Compare Prices Today By Access Low-interest Funds for Home Renovations By The Smart Approach to Selling Your Home By Test Your Hearing From The Comfort of Your Home By About Services \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Interest Based Ads Your California Privacy Rights Top 2/27/25, 7:34 Local education briefs 5/5", "7913_104.pdf": "Paper says colleges protect sex harassers Tue., May 24, 2005 Associated Press \u2013 Students at Oregon\u2019s public universities are vulnerable to repeat cases of sexual harassment because schools fail to tell them about confirmed cases of sexual harassment, according to the results of an investigation published in the Statesman- Journal of Salem. The newspaper\u2019s investigation also found that any punishments for confirmed harassers are usually kept from the general public, and that public universities have not done comprehensive surveys on the number of students who get sexually harassed by professors and peers. And, according to the newspaper many students do not know the proper procedure for filing a sexual harassment complaint. The newspaper began investigating the issue of sexual harassment on campus after it reported on a case at Western Oregon University, in which a former professor was accused of sexually harassing his graduate student. In that case, Western Oregon officials refused to release details about disciplinary action taken against Professor Gary Welander. The records are part of the professor\u2019s confidential personnel file and exempt from public disclosure, officials said. Washington Idaho > \u2715 Menu Search News Sports Business Weather 2/27/25, 7:34 Paper says colleges protect sex harassers 1/5 The Statesman Journal asked Oregon Attorney General Hardy Myers to order the university to release the documents, citing the public\u2019s right to know. But the newspaper\u2019s request was denied on grounds that the records are not subject to disclosure under Oregon\u2019s public-records law. Sexual harassment is part of a hidden, mostly unreported, wave of victimization that occurs on college campuses and mostly targets young women, said Phyllis Barkhurst, executive director of the Oregon Attorney General\u2019s Sexual Assault Task Force. \u201cTalk to somebody who\u2019s being sexually harassed \u2013 they see no benefit in reporting,\u201d Barkhurst said. They feel like it targets them, that it labels them, especially if they\u2019re trying for a career in academia.\u201d As it stands now, repeat harassers can remain invisible within campus communities, said Kathleen Moore, a distinguished professor of philosophy at Oregon State University. \u201cPeople say that what you can\u2019t see can\u2019t hurt you, but that is simply not the case,\u201d she said. \u201cThe thing that is most troubling for us is how we fail in our duty to warn students because of all the personnel rules that sustain all this secrecy and silence. Still, sexual harassment complaints are relatively rare at Oregon\u2019s seven public universities, according to school statistics. Since 1999, the schools have received 39 student complaints of sexual harassment against faculty or staff, according to public records obtained by the Statesman Journal. Harassment was found in 22 of those cases, resulting in sanctions ranging from written reprimands to firings and formal apologies. Oregon State\u2019s Moore said complaint data doesn\u2019t reflect the reality of campus harassment because it reveals only \u201cthe tip of the iceberg.\u201d In the absence of hard data, Moore uses a simple measurement technique: a show of hands. \u201cOur faculty women\u2019s network had a meeting recently, for example, and people asked a question: How many of you know about sexual harassment that is going on right now would guess about a third of the people raised their hands,\u201d Moore said. \u2715 2/27/25, 7:34 Paper says colleges protect sex harassers 2/5 Still, change could be on the way. After the Western Oregon University story broke last winter, Gov. Ted Kulongoski ordered a systemwide review of sexual harassment policies and procedures at the state\u2019s seven public universities. Local journalism is essential. Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are not tax deductible, but are predominately used to help meet the local financial requirements needed to receive national matching-grant funds. Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Active Person \u2715 2/27/25, 7:34 Paper says colleges protect sex harassers 3/5 Sign up Police arrest Post Falls murder suspect in Cd Updated 9:14 p.m to settle defamation suit against Committeeman Dan Gookin More Boise-area book challenges could spell trouble for libraries. How one is responding Idaho imposes new minimum fine for low-level marijuana possession \u2014 likely steepest in \u2715 2/27/25, 7:34 Paper says colleges protect sex harassers 4/5 All those EVs are great, but where will the electricity come from? As part of my career of over 30 years in the energy industry led the effort to complete Oregon\u2019s portion of the West Coast\u2019s \u201cElectric Highway.\u201d \u00a9 Copyright 2016,The Spokesman-Review \u2715 2/27/25, 7:34 Paper says colleges protect sex harassers 5/5", "7913_105.pdf": "Paper says colleges protect sex harassers Tue., May 24, 2005 Associated Press \u2013 Students at Oregon\u2019s public universities are vulnerable to repeat cases of sexual harassment because schools fail to tell them about confirmed cases of sexual harassment, according to the results of an investigation published in the Statesman- Journal of Salem. The newspaper\u2019s investigation also found that any punishments for confirmed harassers are usually kept from the general public, and that public universities have not done comprehensive surveys on the number of students who get sexually harassed by professors and peers. And, according to the newspaper many students do not know the proper procedure for filing a sexual harassment complaint. The newspaper began investigating the issue of sexual harassment on campus after it reported on a case at Western Oregon University, in which a former professor was accused of sexually harassing his graduate student. In that case, Western Oregon officials refused to release details about disciplinary action taken against Professor Gary Welander. The records are part of the professor\u2019s confidential personnel file and exempt from public disclosure, officials said. Washington Idaho > Menu Search News Sports Business Weather 3/15/25, 12:28 Paper says colleges protect sex harassers 1/5 The Statesman Journal asked Oregon Attorney General Hardy Myers to order the university to release the documents, citing the public\u2019s right to know. But the newspaper\u2019s request was denied on grounds that the records are not subject to disclosure under Oregon\u2019s public-records law. Sexual harassment is part of a hidden, mostly unreported, wave of victimization that occurs on college campuses and mostly targets young women, said Phyllis Barkhurst, executive director of the Oregon Attorney General\u2019s Sexual Assault Task Force. \u201cTalk to somebody who\u2019s being sexually harassed \u2013 they see no benefit in reporting,\u201d Barkhurst said. They feel like it targets them, that it labels them, especially if they\u2019re trying for a career in academia.\u201d As it stands now, repeat harassers can remain invisible within campus communities, said Kathleen Moore, a distinguished professor of philosophy at Oregon State University. \u201cPeople say that what you can\u2019t see can\u2019t hurt you, but that is simply not the case,\u201d she said. \u201cThe thing that is most troubling for us is how we fail in our duty to warn students because of all the personnel rules that sustain all this secrecy and silence. Still, sexual harassment complaints are relatively rare at Oregon\u2019s seven public universities, according to school statistics. Since 1999, the schools have received 39 student complaints of sexual harassment against faculty or staff, according to public records obtained by the Statesman Journal. Harassment was found in 22 of those cases, resulting in sanctions ranging from written reprimands to firings and formal apologies. Oregon State\u2019s Moore said complaint data doesn\u2019t reflect the reality of campus harassment because it reveals only \u201cthe tip of the iceberg.\u201d In the absence of hard data, Moore uses a simple measurement technique: a show of hands. \u201cOur faculty women\u2019s network had a meeting recently, for example, and people asked a question: How many of you know about sexual harassment that is going on right now would guess about a third of the people raised their hands,\u201d Moore said. 3/15/25, 12:28 Paper says colleges protect sex harassers 2/5 Still, change could be on the way. After the Western Oregon University story broke last winter, Gov. Ted Kulongoski ordered a systemwide review of sexual harassment policies and procedures at the state\u2019s seven public universities. Local journalism is essential. Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are not tax deductible, but are predominately used to help meet the local financial requirements needed to receive national matching-grant funds. Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Active Person 3/15/25, 12:28 Paper says colleges protect sex harassers 3/5 Sign up Marshal\u2019s Service agents arrest Idaho fugitive convicted of possessing bombs After testy debate, Idaho House passes legislative travel transparency bill Death penalty bill for certain sex crimes against children heads to Idaho House 98-year-old Moscow man dies in Highway 95 crash 3/15/25, 12:28 Paper says colleges protect sex harassers 4/5 Why hydropower is critical to the food supply recently went camping with my daughter near Tonasket, Washington. \u00a9 Copyright 2016,The Spokesman-Review 3/15/25, 12:28 Paper says colleges protect sex harassers 5/5"} |
7,382 | Guoping Wang | Indiana University - Bloomington | [
"7382_101.pdf",
"7382_102.pdf",
"7382_103.pdf"
] | {"7382_101.pdf": "2/27/25, 7:35 Open secret | Indiana Daily Student 1/10 2/27/25, 7:35 Open secret | Indiana Daily Student 2/10 Published May 2, 2019 By Lydia Gerike [email protected] | @lydiagerike Illustrations by Annie Aguiar [email protected] | @annabelaguiar Photos by Sam House and Colin Kulpa [email protected] Web development by Jacob deCastro [email protected] | @jacob_decastro avid Jang, a graduate conducting student, was suspended from for a year in February after students accused him of abuses of power, including sexual misconduct toward male students. Jang, who is 25 according to his Facebook page, managed the Jacobs School of Music\u2019s paid Conductors Orchestra and also conducted the all-campus string orchestra, a class for non-music majors. More than 20 people filed misconduct reports against Jang through the Office of Student Conduct, students said. Some students allege they either witnessed or experienced Jang touch, grope or kiss male students without their consent. Before the allegations were reported, as rumors of Jang\u2019s inappropriate actions began to spread, students say they became an open secret. Ten students talked to the Indiana Daily Student for different aspects of this article, including some who asked not to be named for fear of retaliation from Jang or the music world. About a dozen people testified in person against Jang at a Feb. 22 misconduct hearing, students who were there estimate. Some testified over the phone if they were at auditions or had already graduated. Records regarding Jang\u2019s alleged misconduct are kept private, according to university policy. Third parties such as the do not have access to student disciplinary records. The Office of Student Conduct filed three reports with the Police Department that included allegations of stalking, battery and on- campus harassment issued Jang a trespass warning, barring him from any property statewide from Feb. 1, 2019, through Feb. 1, 2020. The trespass warning report also confirms he was suspended. 2/27/25, 7:35 Open secret | Indiana Daily Student 3/10 Police reports The Office of Student Conduct reported three instances of Jang\u2019s alleged misconduct to IUPD. One account was said to have happened in the Musical Arts Center supplement case report details Jang\u2019s trespass warning and suspension notice from Scroll \uf30b Jang\u2019s Facebook says he started at in 2015. He is not currently a student spokesperson Chuck Carney said. Jang is listed in the Directory as \u201cFormer Employee, Student.\u201d Paul Newman, professor emeritus and Jang\u2019s faculty adviser who was at the hearing, said during an interview Tuesday he doesn\u2019t know whether or not the claims against Jang are true because he wasn\u2019t there to witness any of them. However, Newman said Jang didn\u2019t have the power students claim he did, and those who came forward did so possibly because they were jealous of Jang\u2019s talent. To Newman, it seemed had already decided Jang had committed the alleged offenses before a hearing could even take place because he was given a summary suspension summary suspension allows to remove a student from campus without following normal misconduct procedures if they decide the student is a \u201cserious threat\u201d to IU-related people or property. \u201cHe was suspended because he was a danger to the community, and that seems ludicrous,\u201d Newman said. Newman said Jang filed a written appeal after his suspension was upheld following the hearing, which policy says is standard appeal procedure. The appeal was rejected by the Provost. Jang, through Newman, declined to be interviewed for this story. The classical music world is small and competitive. Students said recommendations and job prospects sometimes rely on relationships with others who can vouch for them. This makes it easy for those in power to manipulate others, students said, and Jang\u2019s friendship and connections felt like they could make or break a career. Jang also had money and social influence, the students said. They noticed his nice clothes, and he drove a with the license plate \u201cJANGBUS.\u201d Public records indicate he is from California. In the summers, he would travel to music festivals to hang out with other talented, connected musicians. * * * 2/27/25, 7:35 Open secret | Indiana Daily Student 4/10 Students said Jang would throw and attend parties where the flow of alcohol never seemed to end. There, many said they witnessed him touching people whose consent was questionable, and Jang would sometimes later blame the alcohol for his actions. Jang used his power to take advantage of undergraduates who were scared of Jang and didn\u2019t know how to make him stop, they said. For years, they stayed quiet, partly out of fear that Jang could ruin their careers both at the university and in the professional world. Students told the they are speaking out now because they are concerned Jang could continue to abuse power or harm other musicians if he were offered a position somewhere else They believe music school faculty remained largely unaware of the situation and at least some still don\u2019t know what happened policy states that under the Family Educational Rights and Privacy Act, faculty must have a \u201clegitimate educational interest\u201d in a student to have access to any official information. Other people who were contacted through friends or directly by the said they did not want to talk for fear Jang would sue them, harass them or keep them from getting jobs. They also said they are afraid others in the music industry will blacklist them or pinpoint them as troublemakers. Fresh in the institutional memory of the music school is another high-profile case in which a ballet lecturer, Guoping Wang, was arrested for the sexual assault of a dancer. He pleaded guilty to a lesser charge in 2017 and is serving probation. In that case, the dancer waited until after \u201cThe Nutcracker\u201d performances were over to report the assault, highlighting a complicated intersection of performance, academics, collaboration, image and power. Instrumentalists face similar complexities. But those who have come forward about Jang said telling their stories is long past due. * * * 2/27/25, 7:35 Open secret | Indiana Daily Student 5/10 Senior Bryan Bailey, a Jacobs School of Music student, plays his bass April 28 at the Musical Arts Center. Bryan Bailey, a senior double bass performance major, testified before a panel as part of the sexual misconduct hearing process about Jang\u2019s alleged unwanted touching. In a report Bailey submitted to the Office of Student Conduct, he said Jang would put his hand inside Bailey\u2019s shirt, hold Bailey\u2019s hand and touch Bailey\u2019s neck. Once in spring 2016, Bailey said, he was sitting in the Musical Arts Center green room with his feet on a chair and knees up. Jang put his hand down Bailey\u2019s pants and touched his upper thigh. Bailey said he pushed Jang away. \u201cAnd he responded laughing hysterically, because he had power, and this was his game,\u201d Bailey wrote in his report, the text of which he provided to the IDS. Bailey testified at Jang\u2019s hearing in front of a panel of two faculty members and a student, he said. \u201cEverything was saying, they looked at me like they\u2019d heard it 10 times before,\u201d Bailey said. Max Mulpagano, another senior bassist, said he thought Jang seemed charismatic when they first met, but he started to realize things were more complicated. Once, Jang told Mulpagano he would have to be Jang\u2019s boyfriend if he wanted to play for Jang. \u201cHe\u2019s really good with manipulating his social influence,\u201d Mulpagano said. \u201cHe\u2019s really good with manipulating his social influence.\u201d \u2014 Max Mulpagano At a recital in January 2018 backstage at IU\u2019s Auer Hall, Mulpagano said Jang unbuttoned Mulpagano\u2019s shirt and touched his chest. Mulpagano said he can\u2019t remember if he said out loud that he wanted Jang to stop, but he knows he pulled away and made it clear with his body language that he did not want to be touched. 2/27/25, 7:35 Open secret | Indiana Daily Student 6/10 His friend Will Kline, another bassist who said he witnessed the full incident, provided the with the text of a report he filed to the university. It said Jang continued to touch Mulpagano \u201cafter asked, rather assertively, to stop.\u201d Kline, a junior, also documented other abuses he was aware of in his report. He said Jang would diminish students\u2019 musical abilities and that he would grope or kiss students without their consent. \u201cI've seen and heard of David's misbehavior for several years, and the environment he creates at school and elsewhere is downright dangerous,\u201d Kline wrote in his report. \u201cDavid is a rather powerful person at JSOM, and he is grossly misusing that power Junior Will Kline warms up before a performance April 28 at St. Thomas Lutheran Church in Bloomington. In an interview with the IDS, Kline said his view of Jang was largely positive during his first semester at in fall 2016. He saw the talented people Jang hung around, and Jang\u2019s personality seemed to be wild and cool. \u201cIf you didn\u2019t know this guy was such a predator, you would think, \u2018Oh, wow, this guy is like awesome,\u2019\u201d Kline said. But that began to change, especially the following year when he heard how uncomfortable Jang was making other students. Kline started to avoid parties and other events if he knew Jang would be there, he said. He had considered speaking up but figured one voice wouldn't make a difference, especially because he was never directly affected. He also knew Jang was connected to professors who could influence Kline\u2019s experience at the music school. When people started banding together and finally sending reports, he decided it was time to join truly don\u2019t know how David got to the point he was at at Jacobs,\u201d Kline said scared friend called junior Wilfred Farquharson around 1:45 a.m. Jan. 26 with another story, this time of how David had just verbally and physically harassed him at Bear\u2019s Place. Farquharson finally decided he had to do something about Jang. Throughout his time at IU, the viola performance major said, he had known of many instances such as this one where Jang used his power to hurt students. 2/27/25, 7:35 Open secret | Indiana Daily Student 7/10 Farquharson put four posts on a Snapchat story after he got off the phone criticizing the way people still hung around a man they claimed to hate. \u201cI\u2019m honestly getting real mf tired of people talking about sexual misconduct but then people still flocking to him like Mother Goose,\u201d one of the posts provided by Farquharson read. \u201cI\u2019m honestly getting real mf tired of people talking about sexual misconduct but then people still flocking to him like Mother Goose.\u201d \u2014 Wilfred Farquharson wrote in a Snapchat post Although Farquharson didn\u2019t call Jang out by name, he said many people knew exactly who he was talking about. Throughout the years, Farquharson said he watched as Jang harassed and bullied his friends and other students. He told the he was \u201cconstantly hearing a new David terrorization story.\u201d Everyone always seemed upset but too afraid to say anything, Farquharson said. People assumed Jang had more connections and opportunities than other students could get, even though that wasn\u2019t always true have no reason to truly fear David,\u201d he said After talking to a faculty member, he learned he could report Jang to the university. He submitted a report Jan. 26. Then, as Farquharson told others how they could report Jang, it seemed as if a dam broke. The reports of alleged misconduct piled in from people who said they had seen and experienced it group met with music school dean Gwyn Richards, and the students involved said he didn\u2019t know about the allegations against Jang until they came forward. The dean\u2019s office declined to talk for this article, citing FERPA. * * * One of Jang\u2019s roles was conducting the all-campus orchestra, a class for non-music majors who play string instruments. Carmen Paul-Garc\u00eda, a senior Spanish education major who plays viola in the orchestra, said music professor Frank Diaz took over the class about halfway through the semester. At the beginning of one rehearsal, Paul-Garc\u00eda said, students were told Jang was no longer in charge because he had overcommitted himself. 2/27/25, 7:35 Open secret | Indiana Daily Student 8/10 Light shines on Will Kline\u2019s bass before a performance April 28 in St. Thomas Lutheran Church in Bloomington. Paul-Garc\u00eda said it made sense to her at the time. This was her fourth semester being led by Jang in the orchestra, and she said he would often cancel class, both in advance and last minute. It felt like Jang didn\u2019t think they were good enough, she said, especially because he would bring in Jacobs string students to play in the concerts as if he were trying make the orchestra sound better. Paul-Garc\u00eda said she didn\u2019t know about Jang\u2019s suspension or any claims against him before being contacted by the IDS, but she said she wasn\u2019t surprised. In class, he would often make things awkward by trying to sound cool, telling them about his habits at bars or making weirdly sexual comments or jokes. \u201cJust in general, he kind of seemed a little creepy sometimes,\u201d she said. * * * Bailey said it was always in the back of his mind that Jang, when he was still at the school, could be watching him play. Now he said he doesn\u2019t have to worry about Jang being in the audience anymore. When Bailey plays his bass in a small practice room, the sound fills the room and reverberates through his body. He clenches his jaw in concentration, and the muscles in his forearm flex as his fingers zero in on the notes. It\u2019s a full body experience, he said, like playing on a jungle gym. \u201cEverything that happens in your music is a result of your state of being,\u201d Bailey said. Playing the bass has been much easier lately, Bailey said. He doesn\u2019t feel so conscious of his every move. Around the school, he said both the conducting and instrumental students seem more at ease. Some are graduating and moving on. Mulpagano is going to the Yale School of Music next year for a graduate degree. Bailey is staying at to work toward a performer diploma. 2/27/25, 7:35 Open secret | Indiana Daily Student 9/10 He\u2019s not focused on what happened to him as much anymore. He\u2019s focused on the music. Add your voice to the conversation. Write to us at [email protected]. \uf099 Tweet \uf09a Share \uf0e0 Email About this story This story was reported over the course of two months. Many of the allegations in this article are backed up by police reports and the text of student conduct reports provided by those who wrote them. The talked to 10 students for this article who had either experienced or witnessed Jang behave in ways they say are inappropriate. Jang and his faculty adviser for the case were also contacted multiple times. If you or someone you know has experienced sexual harassment or assault, go here for a list of resources. If you want to share your own misconduct story about Jang or professors, instructors, coaches or people you feel have power within the university, email [email protected]. \u00a9 Indiana Daily Student Back to idsnews.com or top of page Like what you're reading? Support independent, award-winning student journalism. Donate. 2/27/25, 7:35 Open secret | Indiana Daily Student 10/10", "7382_102.pdf": "\uf0e740 weather alerts \uf002 \uf26c Watch Now Quick links 6: Former professor accused of sexual assault to change not guilty plea \uf09a\ue61b\uf0e0 undefined Menu 2/27/25, 7:35 Ex prof accused of sex assault to change plea 1/6 By: Kara Kenney Posted 10:42 AM, Aug 15, 2017 BLOOMINGTON, Ind former Indiana University professor accused of sexually assaulting a student plans to change his not guilty plea. Guoping Wang pleaded in not guilty in July 2016 to sexual battery and criminal confinement, both felonies. Wang was a senior lecturer at the Indiana University Jacobs School of Music when the alleged assault happened. Wang is scheduled for a change of plea hearing October 11. It\u2019s unclear which charge or charges Wang may plead guilty to. Monroe County deputy prosecutor Bob Miller declined to comment. \u201cThe details have not been finalized,\u201d said Miller. Call 6 Investigates has reached out to Wang\u2019s attorney for comment. undefined Read More 00:00 02:00 2/27/25, 7:35 Ex prof accused of sex assault to change plea 2/6 Court documents say Wang approached a student after Nutcracker rehearsals at the Musical Arts Center in November 2015, and asked her to \u201cstay to work on her technique.\u201d Wang attempted to kiss the student and when she got up to leave, he stood between her and the only door to the office, according to the probable cause affidavit. Wang then closed the door to his office and turned the light off, pulled the woman\u2019s leotard down and began touching her sexually, prosecutors said. The student told police she told Wang \u201cno\u201d and tried to use her hands to cover her body, court records show. The woman was finally able to leave Wang\u2019s office, and as she was walking out, Wang told her not to tell anyone what happened, according to the probable cause lecturer fired amid sexual assault charges | Ex professor charged with sexual battery Indiana University fired Wang immediately following an internal investigation. Indiana University General Counsel handed police a 13-page internal investigation on May 4, 2016, records show, describing their investigation into Wang | Victim 'frustrated' by lack of prison time in case | Feds open third Title investigation at Bloomington| The trouble with Title IX: Holes in the system Copyright 2017 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. 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Wang pleaded guilty to one charge of criminal confinement, and a second charge of sexual battery was dropped as a part of a plea deal. Photo by Courtesy Photo / The Indiana Daily Student This website uses cookies Accept Preferences 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 1/7 By Jesse Naranjo Oct 11, 2017 11:43 pm \u00b7 Updated Oct 11, 2017 11:43 pm To colleagues, family and friends, Guoping Wang is a dedicated family man, hard worker and accomplished ballet dancer and instructor. He is helpful, humble and soft spoken, the type of father who cooked breakfast for his family every morning and would run to and from his work duties to ensure his kids got to piano lessons or math club on time. This is how he is described in seven character letters submitted to the court last week. The former Jacobs School of Music lecturer, who, through his lawyer, declined to be interviewed for this article, was sentenced to two years of probation Wednesday after a student reported in spring 2016 that he had sexually assaulted her. As the Indiana Daily Student previously reported, this allegation was one of multiple against Wang that the University found while investigating. The details of these allegations are contained in a 13- page memorandum which has not been made available to the public. The complainant in this particular case requested police involvement, according to court documents. Those who have worked with Wang said they never thought he was capable of such a thing. When he was arrested last spring, he was charged with criminal confinement and sexual battery. At the Wednesday hearing, he pleaded guilty to the criminal confinement charge with the battery charge being dropped. \u201cThese charges are so far out of character simply cannot believe it to be true,\u201d wrote Sara Knight, a character witness who met Wang at a ballet camp in Cincinnati have never witnessed him to be inappropriate. Ever.\u201d Wang grew up in China and had a poor upbringing. In court documents, his wife said they met as students at the Shanghai Dance Academy before marrying and moving to America. The brochure for the 2016 Spring Ballet says he worked with the Shanghai Ballet Company for 11 years before coming to IU, where he attended the Jacobs School of Music for graduate studies. After graduation, he worked with multiple prestigious ballet companies, including the Ballet Chicago Company, Colorado Ballet, Joffrey Ballet of Chicago and Lyric Opera of Chicago. According to several of the character letters, he chose to teach dance at and in several other programs after retiring from professional performance. This website uses cookies 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 2/7 At one point, Wang\u2019s family lived outside Chicago while he worked in Bloomington and drove back and forth between the two cities every weekend. Three people who knew him during his time in Chicago mentioned this in their letters, saying it was both a testament to his passion for ballet and his devotion to his family. Ballet instructors in New York, Ohio and Maine said they had observed him teach students without incident, and some said they invited him to teach their own. They added that he was a soft spoken person who may have had trouble sometimes communicating in English but got his point across nonetheless. When Judge Marc Kellams asked Wang about his English skills Wednesday, he described them as \"not so good.\" \u201cMost ballets use French,\u201d Wang said. All of Wang's former colleagues said he got stellar reviews from students. Jacques Cesbron, who has been a ballet instructor at IU, said he was impressed by Wang\u2019s teaching style and his ability to combine his American and Chinese training. Other colleagues say he offered to substitute other instructors\u2019 classes. He took on side jobs at other ballet schools to share his expertise and help support his family. He taught ballet at for over a decade before the University fired him after investigating multiple reports of unwanted advances toward students and staff, according to court documents. Wang, who has worked with ballet companies on at least four continents, testified under oath Wednesday that he had taken a job working at Menards. His wife, who said she had been a homemaker for 20 years, has also taken a job to support the family. The testaments to Wang\u2019s character became a key part of Wednesday\u2019s hearing. Kellams said he read the letters, which spoke of a loving father and accomplished ballet master. \u201cMr. Wang is more than this bad act,\u201d Wang\u2019s lawyer Katherine Liell said. Around the Web Stop Information Overload Ethereal Search Engine Get Personalized Mortgage Advice Close to Home We've Got Your Eyes Covered - Find Your Perfect Pair! This website uses cookies 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 3/7 Four-for-four: City of Bloomington to reinstall four four-way stops on 7th Street 2 arrested after golf course burglary, $95K in items stolen How will Monroe County spend the rest of its $5 million opioid settlement? Look for Any High School Yearbook, It's Free! 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The Surprising Link Between Your Pillowcase and Aging Take on a Challenge: Make Pasta Al Limone at Home This website uses cookies 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 4/7 COLUMN: Mike Woodson is responsible for Indiana men\u2019s basketball\u2019s improved season outlook Bloomington Police: person with rifle outside City Hall didn\u2019t violate any laws won\u2019t address Dept. of Ed letter demanding end of race-based programming in schools City of Bloomington considers plans to sunset climate action and resilience committee Indiana men\u2019s basketball stuns No. 13 Purdue, claims 73-58 victory This website uses cookies 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 5/7 Get updates on the Daily Rundown. See the day's top headlines and weekly recaps every Friday UP! Indiana Daily Student This website uses cookies 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 6/7 812-855-0763 [email protected] 601 E. Kirkwood Ave., Bloomington 47405-7108 About Us Staff List Contact Us Employment FAQs Advertising Privacy Terms Classifieds Events Health Religious Powered by Solutions by The State News All Content \u00a9 2025 Indiana Daily Student This website uses cookies 2/27/25, 7:35 When sentenced on a count of confinement, Guoping Wang was described as more than his worst act - Indiana Daily Student 7/7"} |
7,581 | Seymour Levine | Stanford University | [
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] | {"7581_101.pdf": "Login Search 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 1/39 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology \uf017December 31, 2021 Vol.48 No.01 This article is part of The Cancer Letter's Ending Sexual Misconduct in Academic Medicine series. In collaboration with \u201cThe Wolfpack,\u201d a group of women in oncology, The Cancer Letter has created a guide to help whistleblowers act strategically as they report gender bias and confront institutional resistance. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 2/39 The Wolfpack, a Facebook forum open to women in oncology and hematology, has fostered debate around systemic gender-based harassment in medicine since its founding in 2015. The Facebook group currently has 1,900 members. The Wolfpack is also on Twitter (@HemOncWomenDocs). Earlier this year, The Cancer Letter published a story about a male oncologist who pursued improper relationships with women he mentored (The Cancer Letter, May 28, June 4, 2021). In response, several Wolfpack members pointed to the absence of a how-to guide for whistleblowers as they navigate reporting systems at their institutions. \u201cThese are difficult issues, and there\u2019s not a lot of discussion about how to bring these issues forward,\u201d said Wolfpack member Joleen Hubbard, a medical oncologist and associate professor of medical oncology at Mayo Clinic. \u201cSo think any support that we can offer women\u2014to report things, to recognize things\u2014will break the chain of people being allowed to silently resign and go to another institution, where the behavior is just perpetuated over time. Anything we can do to break that cycle is extremely important.\u201d In June 2021, The Cancer Letter conducted a survey of Wolfpack members to identify questions about confronting harassment\u2014from building a strong case, to protecting one\u2019s identity, to requesting information about a perpetrator\u2019s history of misconduct summary of the Wolfpack survey responses appears here. The Cancer Letter assembled a panel of five experts in employment law, whistleblower law, medicine, asking them to address the questions from Wolfpack members\u2014thus creating a roadmap to navigating gender-based harassment in oncology. The panel included think any support that we can offer women\u2014to report things, to recognize things\u2014will break the chain of people being allowed to silently resign and go to another institution, where the behavior is just perpetuated over time. Anything we can do to break that cycle is extremely important. \u2014 Joleen Hubbard 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 3/39 Jennifer Drobac and Samuel R. Rosen Professor of Law at the Indiana University Robert H. McKinney School of Law Reshma Jagsi, MD, DPhil Deputy chair of Radiation Oncology, Newman Family Professor of Radiation Oncology, Residency Program director, director of the Center for Bioethics and Social Sciences at the University of Michigan and one of the founders of TIME\u2019s Healthcare Eileen Barrett Associate professor of medicine at the University of New Mexico; American Medical Women\u2019s Association Advocacy Committee vice chair Shea Holman Director of law and policy at the Purple Campaign 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 4/39 Colleen Coveney Partner at Katz, Marshall & Banks summary of the panel\u2019s key findings appears here. The Cancer Letter\u2019s navigable guide to reporting harassment in oncology, based on the panel\u2019s expertise, appears here. What women in oncology want to know The survey The Cancer Letter administered to the Wolfpack members asked: What questions do you have that you would like The Cancer Letter to ask a panel of legal experts? If you were reporting sexual harassment, what protections or provisions in the process would you like to be afforded? Is there anything you\u2019d like to add? Wolfpack members expanded on these questions and pointed to areas of confusion. Here are some of their responses, verbatim: What level of documentation or reporting is required to hold an individual accountable\u2014are text messages and email sufficient, or does the misconduct need to be witnessed or experienced by others for a case to be reviewed closely? Is there a national system to report individuals who have sexually harassed others at work? How is it legal for academic entities to hide records detailing misconduct from the next place of potential employment for a disruptive MD? 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 5/39 Can anonymous reporting occur, or can you ask for an investigation concerning a previous institution? Whom should a trainee report harassment to in order to maximize repercussions to the harasser and minimize retaliation in a training setting? ACGME? (It\u2019s 100% not the program, hospital, or department, they enable the behavior in the first place. The Wolfpack survey results were consistent with an earlier survey by The Cancer Letter, in which 62% (n=78) of women said they chose not to report incidents of harassment\u2014and all the women who did lodge complaints said their institutions\u2019 responses were inadequate or harmful to them (The Cancer Letter, Oct. 2, 2020). Both surveys revealed a disconnect between the harassment policies, training, and reporting structures many institutions have in place and what those in oncology and hematology experience. The panel weighs in Addressing gender-based misconduct in oncology is going to take so much more than surface-level workplace policies, The Cancer Letter\u2019s panel said. \u201cNo more check-the-box trainings to fulfill some kind of rule,\u201d said Reshma Jagsi, deputy chair of radiation oncology, Newman Family Professor of Radiation Oncology, Residency Program director, and director of the Center for Bioethics and Social Sciences at the University of Michigan. \u201cBy the time we\u2019re focusing on reporting, it\u2019s already happened, and that\u2019s pretty bad.\u201d \u201cYou have the policy and you have the office\u2014but it isn\u2019t really a commitment to everybody being able to thrive in their workplace,\u201d said Eileen Barrett, associate professor of medicine at the University of New Mexico and American Medical Women\u2019s Association Advocacy Committee vice chair. \u201cWe are literally losing women from medicine because of this,\u201d Barrett said. \u201cWe are driving people away from our institutions because of this. We need their hearts and we need their brains to take care of the patients and to help us do better.\u201d Technically, institutions are responsible for preventing and managing gender-based harassment. However, whistleblowers should understand their rights as well as the procedures that are invoked as complaints are filed. This is something institutions don\u2019t seem to be advertising. \u201cAccording to research conducted and shared in 2020, many physicians (54%) said they did not report an We are literally losing women from medicine because of this. We are driving people away from our institutions because of this. We need their hearts and we need their brains to take care of 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 6/39 incident because they did not feel it was significant enough,\u201d said Shea Holman, director of law and policy at the Purple Campaign. \u201cHowever, many also did not know whom to report the incident to (42%) or how to report it (19%).\u201d The panel walked through the steps of the reporting process, starting with identifying harassment. Gender-based harassment encompasses a broad range of behaviors beyond overtly sexual advances, panel members Jagsi and Drobac said. Anything that makes an individual uncomfortable is reportable, even if it doesn\u2019t warrant a lawsuit. Physical or digital evidence isn\u2019t necessary. When an alleged offender claims that their behavior falls in a \u201cgray area\u201d or that the rules are too confusing\u2014an issue cited by the Wolfpack survey respondents\u2014they don\u2019t have much ground to stand on, panel members said. \u201cMost employers now have policies that pretty much track federal law, at least with respect to the sexual harassment,\u201d said Jennifer Drobac, the Samuel R. Rosen Professor of Law at Indiana University Robert H. McKinney School of Law. \u201cBut, some people don\u2019t know where the boundaries are. Basically, some people say, \u2018Oh, it\u2019s so confusing.\u2019 And I\u2019m like, \u2018No, it\u2019s not.\u2019 That\u2019s an excuse. That\u2019s an excuse for not being discerning. If you can\u2019t say it in front of Great Aunt Bessie or Old Uncle Mordecai, then you can\u2019t say it at work or at school\u2014common courtesy and decency. If you wouldn\u2019t say it at a funeral, don\u2019t say it at work.\u201d \u201cIt means different things to different people to see gray,\u201d Barrett said. \u201cThis is why there should be experts.\u201d The panel identified the resources\u2014which are admittedly limited\u2014available to those seeking counsel, support, and protection throughout the reporting process, given what Holman called the \u201csignificant barriers that exist to reporting internally.\u201d Colleen Coveney, a partner at Katz, Marshall & Banks LLP, noted that if an individual has questions about their rights and the processes available to them, they should consult a lawyer think it\u2019s important that women and men\u2014employees\u2014understand their rights, and to the extent that they feel like they\u2019re being mistreated, understand the reporting mechanisms in place to take advantage of to address it,\u201d Coveney said. \u201cAnd if that fails, or even if they want some advice before going to their employer about it, to not hesitate to seek out legal advice.\u201d But even if there are tools available to those experiencing harassment, medicine still needs a major overhaul, with harassment prevention efforts built into every facet of medical training and practice. the patients and to help us do better. \u2014 Eileen Barrett 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 7/39 \u201cThere\u2019s no centralization,\u201d Barrett said. \u201cThere also aren\u2019t clear best practices. In medicine, there are a ton of things that are recognized as best practices. There have been some best practices [for sexual harassment policies] that have been proposed, but there aren\u2019t any that we have consensus over. And think that\u2019s what we really need\u2014and something that we can do.\u201d That change needs to start now, Barrett said. \u201cIt\u2019s not like we just have to wait for culture writ large to change or wait for every medical school and every residency and every institution to change,\u201d Barrett said. \u201cThere are best practices and those best practices can be adopted.\u201d Navigating gender-based harassment in oncology: a roadmap Identifying harassment What is harassment and what makes it reportable? Problems in academic medicine How does academic medicine allow sexual harassment to perpetuate? Advice for reporting What can be done at the stage of reporting? Do need evidence, and if so, what sort of evidence do need? Seeking legal help When do talk to a lawyer? External resources Other than my institution, where can get help? Anonymity/confidentiality Is it reasonable to expect anonymity when reporting? Retaliation Are there ways to stay protected from retaliatory action? \u201cPassing the trash\u201d What about \u201cpassing the trash\u201d\u2014when institutions allow a perpetrator to resign quietly, passing them on to another position? Can ask my employer about someone\u2019s background? Policy vs. practice Is there a disconnect between gender-based harassment policy in institutions and the reality of the problem? Looking to the future How is the handling of sexual misconduct in academic institutions evolving? What areas need the most attention? 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 8/39 Jennifer Drobac ITEMS: Anything that makes you uncomfortable is reportable. It doesn\u2019t have to warrant a federal lawsuit to be unacceptable in the workplace. Gender-based harassment that isn\u2019t necessarily sexual in nature is pervasive in medicine\u2014 and reportable. Jennifer Drobac: Anything that you think is sexist or uncomfortable, based on sex, that\u2019s reportable. It doesn\u2019t have to rise to the level of actionable. And what mean by actionable is it doesn\u2019t have to be severe or pervasive enough that you could file a federal lawsuit over it. So, it\u2019s still sexual harassment, even if it\u2019s not actionable, as long as it\u2019s unwelcome and based on sex basically talk about three types of gender-based harassment. The first is what people normally think about when they think about sexual harassment. They think about Harvey Weinstein-like overtures, Bill O\u2019Reilly, Bill Cosby, sexual advances or requests for sexual favors or coerced sexual activity. As long as it\u2019s unwelcome at some point, then that\u2019s when it veers into the area of being illegal. So, whether it\u2019s a supervisor and a subordinate or even coworkers, an institution or an employer might be liable. Now, note that under Title IX, which is equal opportunity in education, the standard is \u201csevere and pervasive.\u201d That is, conduct must be severe and pervasive and basically disqualify someone from obtaining an education. So, it has to be really egregious under Title IX. Under Title VII, which is the employment prohibition on sexual harassment that is found in the 1964 Civil Rights Act, that is \u201csevere or pervasive.\u201d Now, to complete all of this further, most states have state civil rights acts\u2014 state civil law\u2014which prohibit employment discrimination or discrimination in education. But those state laws have varying levels of teeth, if you will. So, California law is really attractive for workers. It really protects workers. There are no damage caps under the California Fair Employment Practices statute. For example, California law applies to What is harassment and what makes it reportable? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 9/39 employers with one employee. Title applies to an employer with 15 or more\u2014so it doesn\u2019t apply to most \u201cmom and pop\u201d shops. And, for example, the Indiana Civil Rights Act applies to people with six or more employees, but to sue under the Indiana Civil Rights Act, you need to get permission from the employer who will agree in writing to be sued under the Indiana Civil Rights Act. Well, how many employers agree in writing to be sued? None. The Indiana Civil Rights Act doesn\u2019t allow for compensatory damages for something like pain and suffering, and there\u2019s no right to a jury trial under the Indiana statute\u2014so at that point, Title VII, the federal statute, is much more attractive. Okay. So, you\u2019ve got the federal system versus the state systems, you\u2019ve got varying degrees of seriousness of the law, varying standards, depending on whether it applies in education or whether it applies to employment. The interesting thing in the medical field is that a lot of people who are still \u201cin their education phase\u201d are already earning money through an employer. So, at that point, both Title and Title might apply. What qualifies as reportable is basically anything. So took you through sexual harassment, then the other kind of sex-based harassment is harassment that\u2019s not sexual, but it\u2019s hostile, it displays animus. So, \u201cWomen shouldn\u2019t be doctors, they should be nurses.\u201d Then the third type of actionable harassment is where the behavior isn\u2019t sexual, and it might not be openly hostile, but it has a disparate impact on one sex or one gender or one sexual orientation. So, for example, a job posting, which says 75% travel required. Well, if the job itself really requires 75% travel, fine. But that could be a veiled attempt to exclude women and preserve a lucrative job for men. Because what happens is that it\u2019s still a fact that women tend to do more of the childcare and domestic responsibilities of a heterosexual partnership. In which case, if you put a label or a tag, 75% travel required, that\u2019s going to exclude many women who have children. Because they will typically be the primary caretaker of those children. Now, again, that\u2019s a gross generalization. Sometimes dads are the primary caregivers, but you can see where that goes. You get the idea: Some job-related statement or policy or something, which has a disparate impact on a protected population. Anything that you think is sexist or uncomfortable, based on sex, that\u2019s reportable. It doesn\u2019t have to rise to the level of actionable. \u2014 Jennifer Drobac 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 10/39 Colleen Coveney Those are the general categories where these behaviors tend to fall, and even a minor violation of a policy or a minor infraction against someone should be reported, per whatever company or educational system policies there are, just to keep it a clean and healthy environment. Now, it doesn\u2019t mean that it necessarily will result in a federal or state lawsuit, because it wouldn\u2019t typically hit the severe pervasive or the severe and pervasive standard. Now, what if they don\u2019t have a clear policy or their policies are murky? Most employers now have policies that pretty much track federal law, at least with respect to the sexual harassment. Some of them are not really clear that sex-based hostility is actionable, but most people get a sense that it\u2019s not right. But, some people don\u2019t know where the boundaries are. Basically, some people say, \u201cOh, it\u2019s so confusing.\u201d And I\u2019m like, \u201cNo, it\u2019s not.\u201d That\u2019s an excuse. That\u2019s an excuse for not being discerning. If you can\u2019t say it in front of Great Aunt Bessie or Old Uncle Mordecai, then you can\u2019t say it at work or at school\u2014common courtesy and decency. If you wouldn\u2019t say it at a funeral, don\u2019t say it at work. Even if the people who are your direct audience are not going to be offended, you need to be careful because there may be other people in earshot that would be offended. Under Fisher vs. San Pedro Peninsula Hospital, a California case, if people in the vicinity are hearing this kind of conduct, even if the direct target is not offended, if those people in the vicinity are offended, it could be considered reportable harassment, whether or not, again, it\u2019s actionable. You have to be living in a dark age if you don\u2019t have a policy yet. Some places have been very thoughtful about this and some are just taking language from some federal statute and it\u2019s pretty bare bones. Different institutions tend to take this stuff more seriously than others. Colleen Coveney: The standards vary depending on the jurisdiction or the law that you\u2019re going to be claiming harassment under. For federal law, you have to show that the harassment is severe or pervasive, and harassment is only unlawful to the extent that it is based on a protected trait. Federal and state law carve out a bucket of traits that an employer or a supervisor, they can\u2019t target you based on that trait. So, in the case of sexual harassment, that\u2019s based on your sex. When reporting and identifying harassment, it\u2019s important for whoever is reporting it to make clear to the employer that they believe that they are being harassed, either severely or in a pervasive manner, based on their sex. In terms of reporting it for purposes of employment, you don\u2019t necessarily have to show that it\u2019s severe or pervasive. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 11/39 Reshma Jagsi Eileen Barrett That\u2019s what you need to share if you went to court, but if you want to notify your employer of potential problems in the workplace or behavior that\u2019s making you feel uncomfortable think it\u2019s just important to provide as much detail about the harassment to the employer so that they have the information they need to investigate. Reshma Jagsi: The National Academies of Sciences, Engineering, and Medicine\u2019s 2018 report disseminated this metaphor that sexual harassment is like an iceberg, and we tend to focus on the tip of the iceberg\u2014coercive advances, quid pro quo, unwanted sexual advances. These are only a minority of the behaviors that actually constitute the construct of sexual harassment as defined by scholars in psychology and women\u2019s studies. Social scientists will define sexual harassment as encompassing all behaviors that systematically demean or derogate or humiliate individuals on the basis of their sex. And in fact, gender harassment\u2014the sexist remarks and crude behaviors that lie underneath the surface that we often don\u2019t notice, those are driving the particularly higher rate of sexual harassment shown in those reports experienced by female medical students. Eileen Barrett think that there\u2019s a lot of different dimensions for what happens in the gray. It means different things to different people to see gray. There is: is that what happened to me? Is that what did? Is that what witnessed think that the bigger question, that is more important, though, is that this is why there should be experts. It\u2019s not about what do. It\u2019s not how respond and it\u2019s not how felt about what happened. It\u2019s what we as an institution and what we as an oncology group and what we as medical educators and we as responsible citizens and as people who care about people, do. We\u2019re talking about people here, right? And say that because we all use the parlance of our professional identity when we talk about \u201ccases\u201d\u2014but these are people and people deserve better. So, it\u2019s not about what is my response, what think, it\u2019s what do we decide as collections of people, that will be our response to problem with sexual harassment. To be willing to have the humility that there is expertise. There\u2019s no centralization. There also aren\u2019t clear best practices. In medicine, there are a ton of things that are recognized as best practices. There have been some best practices [for sexual harassment policies] that have been proposed, but there aren\u2019t any that we have consensus over. And think that\u2019s what we really need\u2014and something that we can do. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 12/39 We have these reports that come from the AAMC, the ACGME, our professional societies and the journals where people write about these problems. But we lack a very clear, tactical \u201cthis is what everybody should be doing.\u201d And then also having these large accrediting bodies saying, \u201cthis is what we want everybody to do commend the accrediting bodies that have come out and said this is unacceptable and we need to do something about it. The next step would be not unlike what we do in the evolution of the model for patient safety. You know, we have checklists in the OR, we have checklists throughout medicine. This is something that we can be systematic about, and we aren\u2019t yet. One of the things about oncology is that there\u2019s so much evidence. Oncology is so richly and robustly researched that, actually, the oncology field is a great model for this. There\u2019s evidence, evidence is publicized, people aren\u2019t just doing things in a vacuum\u2014they\u2019re following guidelines that are widely recognized. Everybody knows what it looks like for someone to veer from the guidelines. There are tumor boards, which is how we bring multiple experts together to improve care. That is a model for which we can think of this. You don\u2019t have to try to figure it out on your own, because there is a tumor board with all of your expert peers together, factoring in the many different dimensions and the many different versions of what is going on. That is exactly the sort of model that sexual harassment in medicine needs. So that it\u2019s not one person in an office somewhere thinking the phone is gonna ring, because someone wants to report only the worst possible case scenario for sexual harassment. Instead, that it\u2019s embedded in everything that we do\u2014a shared mental model for, what is the scope of the problem? What is the way forward? And what will we do in these areas of gray ITEMS: The high-stress, high-intensity environment of medicine can enable gender-based harassment. Jagsi: If you read the [NASEM] reports, they talk really nicely about the culture of medicine and how\u2014there\u2019s a quote in there, and you can find it because I\u2019m going to paraphrase it, I\u2019m going to paraphrase it wrong\u2014but it\u2019s something like, medical training is like a series of human rights violations. How does academic medicine allow sexual harassment to perpetuate? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 13/39 Reshma Jagsi Jennifer Drobac And so, in that context, sexual harassment doesn\u2019t really stand out. [From the 2018 report: As one nontenure-track faculty member in medicine noted, \u201cBut, the thing is about residency training is everyone is having human rights violations. So, it\u2019s just like tolerable sexual harassment.\u201d] There has been a very hierarchical work culture. You can understand why sometimes you need hierarchy. If you\u2019re in the operating room, you need your attending surgeon to be in charge and you need someone who\u2019s the captain of the ship. So, hierarchical work environments, historically male-dominated professions, those are the things that predispose to incidents of harassment. Ultimately, we have to change the culture and, again, be respectful towards one another in a way that then eradicates that environment within which harassment thrives. It\u2019s the culture and the hierarchies. Some of it is completely understandable and it\u2019s good. We want physicians to have not just a skills-based education, but a moral education, to learn that when they join this privileged profession, when we become physicians, we learn to appreciate that with that privilege comes a responsibility that we need to put our own needs second, that we need to be incredibly diligent and devoted and focus on our patients\u2019 needs. One of the ways that we\u2019ve traditionally done that in academic medicine is by insisting that our trainees work very long hours, for example. So, it\u2019s just one of many ways that we ask our future colleagues to begin to act and not focus on their own needs, but it can go too far if it then leads to true mistreatment and disrespect for their own humanity mean, these are human beings, these are our future colleagues. Drobac: These guys\u2014it\u2019s typically men, but not always, but the vast majority of the cases are men\u2014they somehow can smell vulnerability and they exploit it. And again, not all of them do that, there are many fine doctors who are quite responsible with their reports and all that, but a few bad apples in the barrel creates a difficult environment. Particularly where there\u2019s high stress, like in medicine where it\u2019s sometimes life and death, people often revert to a macabre sense of humor in order to deal with their stress. It can be very sexualized and therefore can be very offensive to women and to people from other cultures, for whom this is not a common way to behave or an acceptable way to behave. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 14/39 Jennifer Drobac These men have the power, but wonder if, because of the nature of the job, they are constantly striving to keep it\u2014to keep on top, literally keep on top. And they do that by dominating the women underneath them. As we know, sexual harassment is more about an abuse of power than it is about sex. Sex is merely the methodology ITEMS: You don\u2019t need \u201chard\u201d evidence. Your word\u2014and what you\u2019ve told other people\u2014counts. Still, any documentation you can provide will help your case. There are apps you can use to report and document workplace harassment\u2014however, these apps need to be implemented by your institution. Drobac: Does an individual need physical or digital evidence? No, no, no. Physical or digital, as in email/social media, evidence is required, but in the sense that somebody\u2019s verbal testimony is evidence. So, when say, \u201cBob said, \u2018Sleep with me and you\u2019ll get an A,\u2019\u201d my testimony that Bob said that is evidence. Now, it may be hearsay. That is heard Bob say that. And so, they\u2019ll ask Bob, \u201cDid you really say it?\u201d and Bob will, of course, lie. So, then it\u2019s a he-said/she-said case. And the question is, who\u2019s more credible? Who has more to gain or lose? Digital evidence is not necessary, but it sure is useful, because people are inclined not to believe women. If you have any evidence that\u2019s useful\u2014but evidence could include, Bob harasses me and go home to my roommate Sally, and say, \u201cSally, guess what Bob said to me today?\u201d That means Sally is a witness to my contemporaneous observation of the situation. Anita Hill spoke to people at the time about what she was experiencing with Clarence Thomas. She didn\u2019t give gory details, but they knew that she was having trouble at work with Clarence Thomas, and they were able to testify to that, to bolster her testimony and to add to her credibility. So, any kind of keeping a diary, keeping notes, telling friends, that type of thing helps in a case. What can be done at the stage of reporting? Do need evidence, and if so, what sort of evidence do need? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 15/39 Colleen Coveney People say that, \u201cOh, these cases are really easy to bring.\u201d That also is completely mistaken. See Anita Hill, see Christine Blasey Ford, see anybody else who\u2019s tried to bring a sexual harassment case. It\u2019s really difficult would say to any target, first and foremost, make yourself safe, take care of yourself first, put your own oxygen mask on before the person sitting next to you. Once you\u2019ve got your oxygen mask on and you\u2019re safe, then report it, because with privileges, with elite education, with opportunity come responsibilities, in my opinion, and this stuff doesn\u2019t get cured and corrected until we call it out. The more of this the better. And it may not make a difference in case number one, case number two, but maybe by case number 100, the difference will be made. That 100th case will be the straw that breaks the camel\u2019s back. And that we finally start seeing headway on this problem. Coveney: It\u2019s not necessary that you have evidence to report think the most important thing for the person experiencing harassment is just that they want it to stop. So don\u2019t think that people should feel inhibited coming forward because they don\u2019t have evidence. But if they do have evidence, that is always helpful. To the extent they believe that they\u2019re being harassed, they should follow whatever reporting mechanisms are in place. It\u2019s usually in the employment handbook or policies\u2014report the harassment to human resources or whatever person is identified by the company as the person to receive the report. It\u2019s often good to do it in writing so you have documentation of what you said and what you reported. There\u2019s hesitation, sometimes, by employees to put that kind of stuff in writing, so it\u2019s also fine to do it orally. Jagsi: Every institution is required to have offices that address Title and Title violations, depending on their type. Academic institutions typically have a Title office. Those reporting processes that are developed by institutions should ideally be diverse in every way that they possibly can be. So, there should be a multiplicity of options for how to report. Diversity is important in terms of formal versus informal, confidential versus identifiable. Also, the complaint handlers should be diverse in every way. So, there should be people who are senior within the organization, people who are more junior, people who are diverse in every way you can think of. Digital evidence is not necessary, but it sure is useful, because people are inclined not to believe women. \u2014 Jennifer Drobac 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 16/39 Reshma Jagsi Shea Holman By gender, by race and ethnicity, by every other criterion you could think of to make the reporting system more accessible. But even if you do all of that want to emphasize that focusing a lot on reporting systems is probably less effective than focusing upstream before the behavior happens. Shea Holman: New apps are also giving employees better alternatives for reporting. These apps, including Allvoices and Vault Platform, are making it easier for employees to report issues to their organization. On these apps, users can submit their reports anonymously. Anonymous reporters need not fear repercussions, because nobody knows the identity of the person who reported the harassment. While some organizations have offered anonymous reporting hotlines for years, the apps offer one key benefit over current corporate hotlines. The organization can conduct follow-up, ask questions and offer help via the app\u2014all while preserving the anonymity of the individual reporting the harassment. In addition to the anonymous reporting option, users of the Vault Platform app have another alternative. The \u201cGoTogether\u201d feature enables employees to submit their reports under the condition that they\u2019re not the first or only person complaining about a particular perpetrator. Finally, employees can use the apps to keep a record of harassing behavior without reporting. This record-keeping may help employees who think that one particular incident isn\u2019t egregious enough to report but want to document an incident in case the misconduct continues to occur. When do talk to a lawyer? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 17/39 Shea Holman Colleen Coveney ITEMS: If you\u2019re not sure whether or not to file a lawsuit, the Legal Defense fund provides pro bono legal advice. Seeking counsel from a lawyer is useful whether or not you take the claim to court. Holman: Making a decision to pursue legal action is highly individualized and should ideally be made in consultation with an employment lawyer. The Legal Defense fund provides pro bono legal advice and services to individuals dealing with harassment or related issues. Coveney: For employees who believe they are facing sexual harassment in the workplace think it would be prudent for them to at a minimum reach out to counsel, to get advice on what they\u2019re experiencing, counsel as to whether it\u2019s actual sexual harassment, and advice on how to protect themselves in the workplace. That\u2019s just a smart first step to understand what the law says about the situation, to understand what their rights and obligations are and seek advice on how to navigate it. It\u2019s not always necessary, but it\u2019s not a bad idea. Every employee is different in terms of what they want out of reporting. Some employees want to just inform the employer and hope that they address it and move on. If it doesn\u2019t seem like the employer is going to address it, or the employee feels it needs to be addressed in a different way, there are legal avenues to address sexual harassment in the workplace. It really depends on the facts and circumstances of the case. And that\u2019s a question for the employee, in terms of what he or she wants out of this. Certainly, if an employee is fired because of retaliation or because of something stemming from the sexual harassment, at that point the employer is no good to think it\u2019s important that women and men\u2014employees\u2014 understand their rights, and to 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 18/39 Eileen Barrett them in terms of addressing the harassment because they\u2019re no longer an employee. So, once the employee leaves employment, either because they\u2019re fired or they feel they\u2019ve been constructively discharged, seeking legal counsel is probably the best avenue think it\u2019s important that women and men\u2014 employees\u2014understand their rights, and to the extent that they feel like they\u2019re being mistreated, understand the reporting mechanisms in place to take advantage of to address it. And if that fails, or even if they want some advice before going to their employer about it, to not hesitate to seek out legal advice ITEMS: Physicians Just Equity offers peer support and guidance to those experiencing workplace conflict (The Cancer Letter, Sept. 17, 2021). State medical boards can receive complaints of harassment, as in the Grothey case\u2014this is what brought Grothey\u2019s misconduct at Mayo Clinic to light has confidential reporting mechanisms and support systems available for individuals experiencing harassment; an institution can lose its accreditation if non-compliance with requirements is discovered. Barrett would say that if someone reaches out [to AMWA] , there is peer support and mentorship in navigating the process. There are lots of people who, when they have reached out, have received assistance with navigating, \u201cWhat are the processes in place?\u201d It\u2019s not enough, but there is [policy] that is available for every woman in academic medicine and any woman in every job, related to employment law. Because there is no centralized database, there isn\u2019t anyone for to report it to. the extent that they feel like they\u2019re being mistreated, understand the reporting mechanisms in place to take advantage of to address it. And if that fails, or even if they want some advice before going to their employer about it, to not hesitate to seek out legal advice. \u2014 Colleen Coveney Other than my institution, where can get help? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 19/39 Shea Holman Susan E. White Vice president of communications Holman: According to research conducted and shared in 2020, many physicians (54%) said they did not report an incident because they did not feel it was significant enough. However, many also did not know who to report the incident to (42%) or how to report it (19%). Given the significant barriers that exist to reporting internally, providing employees with multiple options to report (such as anonymously, online, via phone, or to one of several individuals within an institution) and being transparent with employees on how to utilize these channels may encourage staff to report. Institutions such as have established various channels of communication for individuals to report, including a dedicated mailbox \[email protected]\u201d to receive notifications of possible violations of policy or rules. This gives people an option of reporting to an entity other than their employer. They can instead go around and report to as the grantor-institution. It should be noted that there have been some concerns recently with follow-up on reports fielded through this channel, so it is important for individuals making reports to monitor their report closely to ensure it is being addressed (The Cancer Letter, Sept. 24, 2021). Susan E. White, vice president of communications has both Common Program Requirements and Institutional Requirements addressing harassment (the Sponsoring Institution (SI) and its programs must provide residents/fellows with opportunities to raise concerns without intimidation/retaliation IV.H.3 (the must have a policy that allows residents/fellows to raise and resolve complaints about sexual and other forms of harassment VI.B.6 (programs and SIs must provide environments free of sexual and other forms of harassment, mistreatment, abuse and coercion of students, residents/fellows, faculty and staff) All of these requirements are intended to protect residents/fellows from harassment/abuse in the learning environment. Residents/fellows should be able to report sexual harassment through the process in place locally at their institutions. Editor\u2019s note: We reached out to the Accreditation Council for Graduate Medical Education to inquire about filing complaints. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 20/39 Jennifer Drobac Anyone who has concerns about a residency or fellowship program is welcome to contact the ACGME. The has two different offices that address reports of training-related issues or allegations of non-compliance with requirements: the Office of the Ombudsperson and the Office of Complaints.The Office of the Ombudsperson can help a resident locate internal resources within their institution for how to report harassment if he or she is unfamiliar with the institution\u2019s policies, or report allegations to institutional leadership that may prompt an internal investigation within the institution. Anyone with knowledge of a program also has the option to file a complaint that alleges non-compliance with requirements which may impact the program\u2019s or institution\u2019s accreditation status ITEMS: It\u2019s unlikely that you\u2019ll be able to stay fully anonymous during an investigation. Confidential, \u201cneed-to-know basis\u201d avenues for reporting are a useful alternative. Drobac: No. Anybody who says, \u201cWe\u2019ll keep this anonymous\u201d\u2014okay, well, number one, they\u2019re lying to you, because they can\u2019t. At some point, an investigator is going to have to confront the alleged harasser. Hopefully, the investigator will investigate all the witnesses and get cooperation and get a really strong case before their person goes to the harasser, because a harasser will lie\u2014or, in rare cases, they\u2019ll say, \u201cOh my God, yes did say that, but didn\u2019t know she was offended had one case where a reporter called the harasser and said, \u201cThe complaint says that you had your secretary sit on your lap and kiss them.\u201d And he was like, \u201cWell, what kind of a crime is that? Did it say raped anybody?\u201d He actually said that to a reporter. But most people are not that stupid or arrogant or brazen, not these days. They\u2019re pretty savvy to this. And so what\u2019s going to happen is the investigator will have to investigate. But once the investigator goes to the perpetrator and starts questioning, \u201cWell, did you ever do something like or did you ever do Y?\u201d the perpetrator may put two and two together and figure out who the complainant is. Or other witnesses will, or it will have gotten out. And then, people will talk. So, what they say is, we\u2019ll keep this confidential on a need-to-know basis\u2014and then try and keep it under wraps. When I\u2019ve done investigations, I\u2019ve tried to say, \u201cHave you ever heard anyone say or Is it reasonable to expect anonymity when reporting? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 21/39 Reshma Jagsi Shea Holman Colleen Coveney something related to that?\u201d You don\u2019t use the complainant\u2019s name, you try to make it broad enough that you\u2019ll get some accurate responses, but you won\u2019t out anybody. But that\u2019s pretty difficult to do. So, you keep it quiet on that need-to-know basis needs to know, the president of the company needs to know, the dean needs to know, the harasser needs to know what the allegations are so that the harasser can refute them or explain them. Jagsi: What tends to be more useful [than anonymous reporting] are confidential systems, and in particular ones that could be modeled on campus sexual assault reporting processes that allow you to say, \u201cLook don\u2019t want my identity disclosed unless several other individuals come forward. Keep it confidential until then. And if number of other people report this same perpetrator, then I\u2019ll be willing to come forward because don\u2019t want this to happen to other people.\u201d Holman: In our work, we have seen that many companies have codified in their anti-harassment policies the guarantee that confidentiality will be protected to the fullest extent possible. Organizations also conduct mandatory anti-harassment training for their employees that provide information on confidentiality requirements and privacy policies so all employees are aware of the expectations. Employers should strive to maintain the confidentiality of employee claims to the best of their ability. At the same time, we also know that the employer must be able to conduct a prompt and thorough investigation. Coveney understand the concern, we see that frequently with our clients, and it really depends. Employers should have policies in place about reporting harassment. These policies will usually address how investigations of these types of reports are carried out and the level of confidentiality that the employer intends to give to the person reporting harassment think that employers are mindful of the fear from employees in reporting this, and when employees report, they should express it fear retaliation, and do want some level of anonymity during the investigation, so don\u2019t get retaliated against.\u201d 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 22/39 Shea Holman At the same time, when an investigation is underway, in order to gather evidence, it\u2019s often necessary to divulge some level of information about whatever the incident was and the person reporting so the other person has a chance to respond don\u2019t think it\u2019s realistic to expect that workplace investigations like this are going to be completely anonymous when you report ITEMS: U.S. Equal Employment Opportunity Commission prohibits retaliation for reporting harassment, cooperating with a harassment investigation, and requesting information about inequality in the workplace, among other actions. There are several external resources available to victims of retaliation. Holman: The concern about protecting oneself while reporting is a valid one. Reports of sexual harassment are often met with minimization, hostility, and retaliation. Of people who had spoken out about their workplace mistreatment, 75% faced some form of retaliation. With that being said, employers are not allowed to retaliate against employees for actions such as: Filing a discrimination complaint or being a witness in a discrimination investigation or lawsuit, Communicating with a supervisor about employment discrimination or harassment Answering questions during a discrimination or harassment investigation, Refusing to follow orders that would result in discrimination, or Resisting sexual advances or intervening to protect others. If you believe you have been the subject of illegal retaliation, there are various resources available: The Equal Employment Opportunity Commission is the federal agency that enforces the federal laws against job discrimination and harassment. State and local fair employment agencies also enforce state and local laws against job discrimination and harassment. You can find contact information for your state agency here. Are there ways to stay protected from retaliatory action? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 23/39 Jennifer Drobac Colleen Coveney The Legal Defense fund provides direct services to individuals dealing with harassment and retaliation. BetterBrave provides resources and tools for targets of sexual harassment as well as allies runs a national sexual assault hotline for victims of sexual assault. You can talk to someone by calling 800.656 (4673) or chat with a specialist online here. Drobac: It\u2019s really helpful when the top-down says thou shalt not retaliate, and they watch for it. If you\u2019ve got a supervisor who\u2019s all of a sudden assigning shitty hours\u2014unattractive hours\u2014and less attractive cases or not giving people training opportunities that all adds up to retaliation, or if the perpetrator is spreading rumors about a complainant\u2014\u201dSo-and-so is a slut, she\u2019s got a sexually transmitted disease,\u201d or some other inflammatory allegation, that kind of gossiping and demeaning of a complainant, that\u2019s absolutely inappropriate. Employers and educators need to watch for that and usually need to neutralize the situation. So, making sure that the subordinate isn\u2019t reported to the harasser, making sure that the harasser doesn\u2019t have access to the subordinate\u2019s work product, or is not good friends with the subordinate\u2019s supervisor, so that you can prevent retaliation from occurring. Sometimes, the underlying complainant will complain about behavior and there really isn\u2019t a very strong case of harassment or discrimination, but then the complainant gets retaliated against. Then she has a good case. Because even if the underlying discrimination case can\u2019t be made or proven, if she makes it in good faith, she can\u2019t be retaliated against for making a claim in good faith. Coveney: Employer policies almost universally prohibit retaliation for people who come forward to report sexual harassment and the law also prohibits retaliation for reporting sexual harassment. So, people who want to come forward should take some solace in the fact that there are these protections in place that prohibit the employer from retaliating against them for reporting sexual harassment. That\u2019s not to say that it doesn\u2019t occur, but those protections are in place for a reason, to enable employees to come forward and freely report what\u2019s going on in the workplace, and allow the employer to address it without the employee who reported it facing repercussions. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 24/39 Colleen Coveney ITEMS: Legally, an individual can (and should) ask their employer about another employee\u2019s history if they suspect harassment. However, the employer may not be able to talk, and employers have qualified immunity\u2014 they aren\u2019t responsible if someone else hires their ex-employee. Some states are starting to limit the use of nondisclosure agreements in covering up workplace harassment. For sexual or gender-based misconduct that has resulted in an official reprimand or revocation of a medical license, the Federation of State Medical Boards\u2019 DocInfo is a searchable tool that offers information on doctors\u2019 backgrounds in all 50 states. Beyond this, what the information state medical boards choose to disclose (and share with other state medical boards) varies by state. Coveney think it\u2019s good to get the harasser out of the workplace\u2014but having that person fired and allowing them to leave quietly and giving them a big severance to leave obviously rubs the victims of their actions the wrong way. At the same time, that can easily occur as part of some sort of negotiated settlement where certain things are subject to confidentiality. To the extent that a person litigates a sexual harassment case in court\u2014 evidence of the harasser\u2019s past acts of harassment and whether the employer knew of the harasser\u2019s proclivities to do that is certainly relevant information that can be discoverable in litigation. You could seek it from the employer, get documents from the employer, ask people about it in deposition, or issue third party subpoenas to former employers. Outside of the litigation context, seeking that information does implicate certain privacy concerns in terms of asking for information about an employee\u2019s background, either from the current employer or past employers. Employee personnel files are afforded some level of confidentiality and they\u2019re not just freely passed around the workplace don\u2019t know off the top of my head of a mechanism by which an employee could do an investigation on their own in the workplace outside of the litigation context to get that information. What about \u201cpassing the trash\u201d\u2014when institutions allow a perpetrator to resign quietly, passing them on to another position? Can ask my employer about someone\u2019s background? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 25/39 Jennifer Drobac If the harassment is recorded, human resources would have that information and they may take that into account, but in terms of an employee going and requesting information for their own purposes do think they may run into some privacy or confidentiality issues. It\u2019s kind of an outlier, but if the employee is at a state institution, certain records are considered public records of state employers. The employee may be able to get information about the harassing employee through an open records request. But again, there are certain exceptions to open record requests and certain private and confidential information is not required to be disclosed. Drobac: These institutions who try to cover it up\u2014they think that by trying to cover it up and make it go away, they are in essence saving the reputation of the institution. They\u2019d be much better off getting ahead of the story and saying, \u201cLook, we had a problem, we\u2019ve dealt with it and that person\u2019s not coming back.\u201d Well, what you then as an institution do, is invite the harasser to sue you for wrongful termination, which does happen in education cases where an accuser makes an allegation\u2014there\u2019s an investigation, alleged perpetrator is dismissed, and then alleged perpetrator sues for wrongful dismissal or discrimination. In that sense, the employer may be between a rock and a hard place still advise employers: if you think you have a problem employee in the form of a perpetrator, a harasser, you\u2019re much better off dealing with the short-term pain of acknowledging your problem and dismissing the harasser without a golden handshake, without a golden parachute, without a nice severance package. And maybe coming clean about it and saying, \u201cWe value all our employees, no executive is more important than any of our other workers, and we\u2019re going to move forward from here think that makes it a more attractive place to work. It fosters loyalty and dedication in your workforce, et cetera. And it breeds trust. Employers have qualified immunity, in that they\u2019re not responsible if a subsequent employer hires someone like Andy Rubin [of Google] or Harvey Weinstein and they later go on to harass again. But, if Employer Number One has said to Employer Number Two, \u201cNo, no, Harvey Weinstein has never been charged with sexual harassment,\u201d and they know he has, that\u2019s fraud and they can get sued for that. They have to be really careful in what they say by way of a reference to Employer Number Two. They can say dates of employment, salary as of the date of Any employee can ask pretty much anything\u2014and, if an employee suspects a problem, his/her asking about a particular person might be advisable. The question alerts the company to a possible problem and, if the company responds affirmatively, that could provide needed 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 26/39 Reshma Jagsi termination, but they shouldn\u2019t be commenting on how worthy the guy is if he\u2019s not. Any employee can ask pretty much anything\u2014and, if an employee suspects a problem, his/her asking about a particular person might be advisable. The question alerts the company to a possible problem and, if the company responds affirmatively, that could provide needed information to a target. If the company responds untruthfully (or not at all), that might give a target some leverage in the future. Why? Most companies have been advised to respond to prior employment history questions with information re: dates of employment and last salary. Most companies will not disclose prior problems because they don\u2019t want to be sued (by the accused) for slander. However, if a company misrepresents a case or lies about the suspect-employee, that misinformation could potentially provide a target with a fraud claim against the company. Discovery of a person\u2019s background is difficult. If a prior claim has been filed with a state agency, some state agencies will produce prior charges when asked (for a window of time) with the names of the targets redacted. Jagsi: Until our leaders recognize that they\u2019re doing this to one another, and so they\u2019re doing this to themselves\u2014by having that culture of passing the trash, of allowing individuals who\u2019ve committed egregious behaviors under their watch to silently be passed on elsewhere\u2014until they realize that this is actually leading to others passing trash to them, and not creating an environment that any of us benefit from don\u2019t think we\u2019re going to see change. The challenge is that nondisclosure agreements can be the most efficient way to protect one\u2019s own organization and the people one is immediately responsible for. If one participates in such a nondisclosure agreement, that individual may go elsewhere and perpetrate that behavior. The problem is that in a system where that happens, your own organization isn\u2019t safe either because someone else may pass you some trash. Holman: Lawmakers and employers have taken steps to limit their use of NDA\u2019s in cases involving workplace harassment and discrimination. As of 2020, 15 states have passed laws to limit or prohibit employers from requiring employees to sign NDA\u2019s as a condition of employment or as part of a settlement agreement. information to a target. If the company responds untruthfully (or not at all), that might give a target some leverage in the future. \u2014 Jennifer Drobac 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 27/39 Shea Holman Eileen Barrett Under Oregon\u2019s new Workplace Protection Act (WPA), for example, employers may not enter into an agreement with a current or prospective employee that contains a nondisclosure or non- disparagement provision regarding conduct that constitutes employment discrimination or sexual assault. Settlement, separation, or severance agreements may only contain such provisions if the employee requests them. Barrett: People go on someplace else\u2014there isn\u2019t a mechanism where we report this, there is no national way to report. There\u2019s the database that is for physicians who get reported to the database for inferior care. There is nothing like that for people who have sexually harassed someone else. I\u2019m not saying that that needs to be in the database\u2014I\u2019m not an attorney and don\u2019t want to say that, but we can do better here. There are not, that I\u2019ve ever found, any guidelines on how sexual harassment is asked about in our medical license applications or asked of our peer references in our medical license applications. There are certain national guidelines or from the Federation of State Medical Boards, about what our applications should look like. And all of the years I\u2019ve spent being a reference for people when they apply for their license or when they apply to be credentialed\u2014years I\u2019ve done this have never seen a single question that asked me to say if knew that the person hadn\u2019t harassed someone else ITEMS: Workplace policies are often \u201ccheck-the-box\u201d measures\u2014when in fact, institutions have a number of subtle tactics for covering up harassment. Focusing on prevention efforts, rather than control efforts, may help to address this gap. Is there a disconnect between gender-based harassment policy in institutions and the reality of the problem? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 28/39 Jennifer Drobac Eileen Barrett Drobac: Yes mean, has Donald Trump ever been sued by the two dozen women that have alleged that he assaulted them or sexually harassed them? No. And is Clarence Thomas still on the Supreme Court? Yes. Is Brett Kavanaugh still on the Supreme Court? Yes. Do we have any question, any doubt that their accusers were telling the truth don\u2019t think so. Now, some people may say that Brett Kavanaugh did not do what Christine Blasey Ford said he did, and that she\u2019s crazy don\u2019t think that, and think powerful men win. Sometimes they don\u2019t\u2014see Harvey Weinstein, see Bill Cosby, see Roger Ailes, see Bill O\u2019Reilly\u2014sometimes justice is done, but often powerful men come back. They skate, get lesser sentences, and the world is not fair. What are the pathways through which institutions cover up sexual harassment, even when they do have a clear policy? They basically will argue that it\u2019s a he-said/she-said case, or, as in the case of Anita Hill, it didn\u2019t happen, or she misunderstood what he was saying or the context, or she\u2019s nutty, she\u2019s slutty. There are ways that they can get around this and just argue mean remember in the case where sued Stanford Medical School, my client had grieved her treatment as a research assistant to the faculty council, and the faculty council and the Senate had come up with a finding of sexual harassment and had recommended disciplinary action against Dr. Levine. And my client went to the then-president of Stanford, Gerhard Casper, and he sat on her case for over a year, until the month after the statute of limitations ran on all of her tort claims. Then he said, \u201cYeah, there\u2019s been a finding,\u201d and he gave Seymour Levine a slap on the wrist. Well had been mailed an unmarked sealed brown envelope with evidence from 15 years prior that Stanford knew about this guy as being a problem because he had sexually harassed four research assistants 15 years prior. And they just kept him on the staff. Barrett: By the process that is in place, one can meet the requirements through check-the-box type processes. So, you have the policy and you have the office\u2014but it isn\u2019t really a commitment to everybody being able to thrive in their workplace. When one is in a non-academic institution, then there may not be any regulations about what happens, and then it isn\u2019t a prevention model or a reporting model, but it\u2019s more trying to contain and control when a problem happen\u2014with, often, the person who has been harassed being identified as the problem who needs to be contained and controlled rather than the harasser. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 29/39 Reshma Jagsi Jagsi: We\u2019re coming at things a little bit too late. It\u2019s very understandable why individuals who are reporting harassment are afraid of being re-identified and facing retaliation, stigmatization. It\u2019s somewhat better when there are multiple individuals who are making reports, but there is a very real fear of the consequences of reporting. So, efforts to eradicate sexual harassment in oncology and in the workplace more generally need to be focusing on culture change, promotion of civility and respect, to prevent the behaviors that are happening in the first place. Clear, well-disseminated policies. No more check-the-box trainings to fulfill some kind of rule, but true efforts to ensure that those kinds of behaviors are universally recognized as inappropriate\u2014allyship behaviors by others within the organization that make that kind of behavior unacceptable to occur in the first place, because by the time we\u2019re focusing on reporting, it\u2019s already happened, and that\u2019s pretty bad. Prevention efforts really emphasize the importance of civility and respect. They make it clear what behaviors are and are not acceptable. It turns out that the organizational psychologists have shown that sexual harassment is least common when employees believe that their organization itself is intolerant of harassing behaviors. How do you send that signal from leadership that we don\u2019t tolerate harassing behaviors? You host workshops where people can talk about the impact of certain experiences, where they can, in a collaborative environment, talk about the way that certain behaviors make them feel and have affected them. Because what matters is not intent, what matters is impact. So, having those kinds of discussions and meeting people wherever they are in terms of\u2014somebody once described this to me as a behavior change wheel, like when you think about a smoking cessation. There\u2019s pre-contemplation, there\u2019s contemplation, and then you\u2019re actually trying to quit smoking. In terms of allyship behaviors, there\u2019s also like people who are like haven\u2019t gotten to the point of contemplating being an ally,\u201d versus people who are like could be an ally, but I\u2019m not really sure how to be an ally,\u201d versus people who are trying to be allies and need support as they\u2019re doing it. No more check-the-box trainings to fulfill some kind of rule, but true efforts to ensure that those kinds of behaviors are universally recognized as inappropriate\u2014allyship behaviors by others within the organization that make that kind of behavior unacceptable to occur in the first place, because by the time we\u2019re focusing on reporting, it\u2019s already happened, and that\u2019s pretty bad. \u2014 Reshma Jagsi 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 30/39 Jennifer Drobac You\u2019ve got to meet people where they are. Those types of initiatives, retreats and rounds and programs where you bring together diverse groups that are working together and have them discuss issues that they may not necessarily be aware of because they just don\u2019t confront them in their ordinary lived experience, but they can certainly begin to appreciate. Then they can move along that behavior change spectrum towards being allies and advocates for one another ITEMS: Improving diversity at all levels of management and focusing on the centralization and standardization of harassment policy and reporting are important steps in addressing the problem. Awareness and education are improving, especially in the wake of #MeToo. Drobac: If you ask me, it\u2019s not evolving. The Title standard is too onerous for plaintiffs to successfully bring lawsuits. And Betsy DeVos just gutted Title IX, in my view. The problem that I\u2019m seeing in academic institutions is number one, they\u2019re dealing with often powerful perpetrators, tenured professors, top level executives, et cetera. And they\u2019re sensitive to legislatures. They don\u2019t want a conservative legislature to cut off funding for the academic institution because they have a problem that they haven\u2019t gotten under control. And so they don\u2019t want to admit to a problem, because they\u2019re afraid that if they admit to it, more people will come out of the woodwork complaining against whoever mean, we see that all the time: Harvey Weinstein, Bill Cosby, Donald Trump. Once one person has the courage to complain, others tend to come forward, because usually these harassers aren\u2019t operating in isolation. And so, institutions are not really anxious. Times change and progress is being made. #MeToo has caused a lot more understanding of the depth and breadth of this problem and that\u2019s important think it has emboldened things like movements, like It\u2019s On Us. How is the handling of sexual misconduct in academic institutions evolving? What areas need the most attention? \uf0ca 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 31/39 Shea Holman Eileen Barrett More education is good. More discussion of this is good, more awareness of this leads to a better world. So, what would\u2019ve passed 20 years ago, wouldn\u2019t don\u2019t think, pass today. That said, look at what\u2019s happening in Texas. One step forward, two steps back. So, on my better days think there\u2019s hope; on my Handmaid\u2019s Tale days, we\u2019re doomed. Holman: Research reported at the 2021 annual meeting of the American Society of Clinical Oncology showed that bullying, gender discrimination, and microaggressions are [commonly experienced by] women in gynecologic oncology. Though many organizations have been working to promote diversity and inclusion in the workplace, inequity remains pervasive, and hurdles remain around embracing diversity in all its forms. As we know, sexual harassment is more likely to occur in workplaces with predominantly male employees\u2014and homogenous workplaces are generally more vulnerable to all forms of harassment. Improving diversity at the top rungs of institutions is crucial to reducing gender and racial inequity. Barrett: Gender equity alone won\u2019t get us there, but gender equity in every level of leadership\u2014that\u2019s part of why we want diversity, so that we can do our best. It\u2019s not just for the photo op, it\u2019s so that we can do our best. It\u2019s not like we just have to wait for culture writ large to change or wait for every medical school and every residency and every institution to change. There are best practices and those best practices can be adopted. Ideally, accrediting bodies will start to get behind this. Speaking as myself, not as the advocacy co-chair for AMWA\u2014what would it look like if the joint commission required every institution to have certain things that were very tactical? That is how we can also make broad change. And what if it was our payers\u2014what if Medicare required that in order to be able to receive Medicare, you needed to have certain processes in place mean can\u2019t just wing it on patient safety. There\u2019s a frame that is provided by Medicare for what you have to do. What if that also included things that had to do with sexual harassment? We can get there, we just have to keep doing the work and, you know, pace ourselves. Also think among the things that we could think about at every level of every healthcare institution, could be having available funding for people to do research in this area. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 32/39 Because we fund what we care about. And we care about what we fund think that also all of our professional societies\u2014and this is me as an individual, not me speaking on behalf of AMWA\u2014but what would like to see is that every professional society comes together through their own mechanisms to model best practice. It was revelatory for me to go to, in this case, the American College of Physicians Meeting, where on every table, there was a piece of paper that says, \u201cWe have zero tolerance for sexual harassment in medicine. If you experience or if you witness it, this is our confidential way of reporting.\u201d The people who are in the professional societies, they\u2019re the leaders in their own institutions. So, they end up being awash in these best practices mean, we\u2019ve all had the humbling experience of being at a medical conference, and someone mentions something as a best practice, and being like, \u201cOh, shoot, I\u2019m not doing that.\u201d That\u2019s why we go to these meetings. We\u2019re very explicit and we talk about our wins. It\u2019s a paradigm shift. We literally can make these things go away. We used to think that patients in the hospital with catheters just get UTIs, rather than, \u201cOh my God, no, just take out the catheters\u2014 if people can pee when they want to pee, UTIs will literally go to zero.\u201d So, we just think of this the same way. We are literally losing women from medicine because of this. We are driving people away from our institutions because of this. We need their hearts and we need their brains to take care of the patients and to help us do better. So, we need to see this as a workforce issue. Gender equity alone won\u2019t get us there, but gender equity in every level of leadership\u2014that\u2019s part of why we want diversity, so that we can do our best. It\u2019s not just for the photo op, it\u2019s so that we can do our best. \u2014 Eileen Barrett View Issue January 07, 2022 | Vol. 48 No.01 Next Article Northwell\u2019s Barakat on the omicron wave: Hospitalizations spike, but not as many need \uf104 \uf105 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 33/39 As Trump\u2019s second term nears, Republican support for is at a low point By stonewalling in the House, Biden\u2019s officials eroded bipartisan support for biomedical research The Biden administration has left in a weakened state, intensifying politicization of science on Capitol Hill and eroding the bipartisan support the government\u2019s premier biomedical research agency has traditionally enjoyed. \uf017November 22, 2024 Vol.50 No.44 By Paul Goldberg 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 34/39 Susan Ellenberg started out as a high school math teacher\u2014then became a leading biostatistician mathematical puzzle fascinated Susan Ellenberg as a child. \uf017October 25, 2024 Vol.50 No.40 By McKenzie Prillaman Latino oncology leaders discuss representation in clinical trials, translational research, and health care Mesa, Carvajal-Carmona, Cruz-Correa, Perez, Ramirez, Sanchez: \u201cWe\u2019re here to help lead and collaborate.\u201d 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 35/39 Hispanic and Latino people comprise nearly 20% of the U.S. population, but less than 6% of physicians nationwide identify as Hispanic. \uf017October 11, 2024 Vol.50 No.38 By Ruben A. Mesa and McKenzie Prillaman Undergrad intern at poses a profound question: What if Henrietta Lacks had a Black doctor? Every summer since 2010, ten undergraduate students from diverse backgrounds get the opportunity to explore any curiosities they might have about careers in medicine at Memorial Sloan Kettering Cancer Center. 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 36/39 \uf017October 04, 2024 Vol.50 No.37 By Claire Marie Porter PubMed\u2019s failure to display all papers by authors who publish under multiple names \u201cmistreats women,\u201d lawsuit contends law group associated with conservative causes and funded by leading conservative donors has sued NIH, HHS, and the National Library of Medicine, demanding that the institutions address PubMed\u2019s inability to display all papers authored by researchers who have published under multiple names. \uf017September 27, 2024 Vol.50 No.36 By Jacquelyn Cobb 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 37/39 Newman, Salami named associate directors at UMich Rogel Cancer Center Erika Newman was named associate director for cancer health equity, and Simpa Salami was named associate director for research workforce and leadership development at Rogel Cancer Center. \uf017July 26, 2024 Vol.50 No.30 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 38/39 About The Cancer Letter Accessibility Statement Our Contributors Editorial policies Store Our readers Pricing News alerts About login Job board Contact us Submission guidelines Advertise Careers Copyright \u00a9 2025 The Cancer Letter Inc. All rights reserved. Privacy Policy Terms & Conditions 2/27/25, 7:36 The Cancer Letter\u2019s roadmap for reporting harassment Panel of experts responds to questions from women in oncology - The Canc\u2026 39/39", "7581_102.pdf": "50m ago Airline celebrates bankruptcy win by reviving hidden fees By Bill Workman, Chronicle Peninsula Bureau April 22, 1995 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school One Stanford University Medical School professor has been ousted as chairman of his department and another has been forced into retirement in separate sexual harassment cases at the school, The Chronicle has learned. Watch More 3/1/25, 10:15 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school 1/5 Dr. Thomas Stamey, Stanford's chief of urology surgery and a well-known prostate cancer researcher, was quietly removed as head of the urology department earlier this month by Stanford President Gerhard Casper in the latest in a series of sexual harassment cases that have plagued the medical school in recent years. Casper also said that Stamey's salary has been reduced Article continues below this ad In addition, Stamey has agreed to contribute to the university's financial settlement with an unnamed woman staff member who brought the complaint against the professor, according to an article scheduled to be published Wednesday in Stanford's Campus Report, the university's employee publication. Stamey denies that he engaged in sexual harassment, according to the article. More For You Stanford Abruptly Ousts Surgery Department Chief prepublication copy of the article was obtained yesterday by The Chronicle. 3/1/25, 10:15 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school 2/5 In the article, Casper will also announce the settlement of a civil lawsuit filed several months ago in Santa Clara County Superior Court against psychiatry professor Seymour Levine by his former research assistant, Helen Bae. Stanford officials declined to comment on the cases, and neither Stamey nor Levine could be reached for comment. The terms of the settlements were not disclosed in either of the harassment disputes. Levine, who in recent years has been a target of animal rights groups for his experiments on monkeys, took an unannounced retirement early this month. His laboratory is expected to be closed by the university Article continues below this ad At one time or another, Levine's experiments involved separating baby monkeys from their mothers as well as placing their cages next to a caged boa constrictor to test their hormonal stress levels. Both Stamey and Levine were sent letters of censure by Casper, who two years ago initiated a new university policy to set up improved procedures for investigating sexual harassment complaints. 3/1/25, 10:15 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school 3/5 April 22, 1995 Bill Workman, Chronicle Peninsula Bureau The policy grew out of controversy over sexual harassment at the medical center that burst into prominence four years ago when Dr. Frances Conley, the nation's first woman neurosurgeon, quit her Stanford post to protest what she said was an atmosphere of acceptance toward sexism and harassment. Conley later returned to Stanford. But her allegations were followed by a number of charges by female students and medical center employees against other doctors and led to the establishment of gender sensitivity training programs for physicians. Around The Web Powered by Find Useful Knowledge By Ethereal Search Engine The Close Relationship Between Stress and Sleep By Stop Paying Too Much for Your Prescriptions - Compare Prices Today By Get Ready to Rethink Your Workplace Shoe Game By Take on a Challenge: Make Pasta Al Limone at Home By Get Personalized Mortgage Advice Close to Home By Find Local and Heating Repair Services By 4 Easy Tips to Keep Your Kids Safe Online By What You Need to Know About Car Loans By Newsletters Sign in 3/1/25, 10:15 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school 4/5 Let's Play Typeshift Really Bad Chess Flipart Cross|word SpellTower About Contact Services Quick Links \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 3/1/25, 10:15 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school 5/5", "7581_103.pdf": "Child Abuse on the Brain Child psychiatrist Bruce Perry believes that many kids diagnosed as being psychotic or hyperactive are actually suffering from posttraumatic stress disorder: they are shell-shocked veterans of the war against children. by Steve Bogira July 2, 1992 Eddie can be a real pain. The skinny 14-year-old blue-eyed blond lives at Saint Joseph\u2019s Carondelet Child Center, a home for boys with severe behavior disorders on East 35th Street. Eddie* is the last in his dorm to fall asleep at night, and frequently has to be removed from the room for disturbing others with his loud talk. When he is disciplined, he whines and blames his conduct on others. If he is asked to leave one area and go to another, he often runs off wildly. He constantly seeks the attention of adults at the center, but when he gets it he becomes frenzied and usually ends up serving time-outs. This is mild stuff compared with how Eddie acted before he came to Saint Joe\u2019s six years ago. In one foster home he would get out of bed at night, raid the refrigerator, throw food on the floor, and smear feces all over the bathroom. In another foster home he destroyed the toys and gifts his father sent him, and he urinated day and night on the furniture. When he was seven he tried to jump out of a window of a moving school bus, saying he wanted to kill himself. During a four-month stay at a psychiatric hospital after that suicide attempt he was placed in full leather restraints 19 times because of his violent tantrums and attempts to hurt himself. Bruce Perry, a University of Chicago child and adolescent psychiatrist, first saw Eddie in 1989, when he started consulting at Saint Joe\u2019s. \u201cHe was bouncing off the walls,\u201d Perry says. Most of the 30 boys who live at Saint Joe\u2019s have the jumpiness and irritability, the nightmares and sleep difficulties of a shell-shocked combat veteran. Which is what Perry says the boys are. Consider what Eddie 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 1/23 has been through: When he was three and a half, he was found wandering alone on a west-side street, naked and covered with feces. He was placed in foster care, but his mother soon regained custody year later, after someone called a Department of Children and Family Services hot line, a social worker took Eddie and his two siblings, both younger, to a doctor to be examined. The doctor found all three kids covered with bruises, scabs, and scars; Eddie had cigarette burns on his hands as well. Eddie said his mother and her boyfriend both beat him regularly with a belt and a stick; there were indications that the boyfriend had also used a baseball bat on Eddie. He was placed in another foster home. While in foster care, Eddie was brought to his father\u2019s apartment twice a month for unsupervised visits. (Eddie\u2019s parents had separated earlier.) Before he left for one of these visits, Eddie, not quite five years old, told the social worker who picked him up that he had a stomachache and didn\u2019t want to see his father. The last time he had been at his father\u2019s home, he told the social worker, \u201ca little bad boy put a big stick in my throat,\u201d and it had given him a stomachache. The stick was big and pink, Eddie said. His father had warned him not to tell anyone about the \u201cbad boy,\u201d because then his father would be put in jail and there wouldn\u2019t be anyone to take care of Eddie worker apparently was informed of what Eddie had said, but the only action taken was to reduce Eddie\u2019s visits to his father from twice a month to once a month. Three years later Eddie\u2019s two younger brothers were removed from their father\u2019s care after they made it clear to a school therapist, verbally and with puppets, that their father had been forcing them to fellate him daily. They said their father had done the same thing with Eddie. Eddie is suffering from posttraumatic stress disorder (PTSD), according to Perry, an expert in the disorder symptoms include hypervigilance, exaggerated startle response, difficulty concentrating, difficulty falling or staying asleep, irritability, and \u201cunpredictable explosions of aggressive behavior,\u201d according to the revised third edition of the American Psychiatric Association\u2019s Diagnostic and Statistical Manual of Mental Disorders. The symptoms develop following \u201ca psychologically distressing event that is outside the range of usual human experience,\u201d the manual says, and are intensified \u201cwhen the individual is exposed to events or activities that resemble or symbolize the original trauma.\u201d The stress leading to can be a natural disaster or an accident, according to the manual, but results more frequently, and the disorder tends to be more severe and longer lasting, when the precipitating event \u201cis of human design\u201d\u2013torture or assault, for instance. While a serious threat to one\u2019s own life can lead to PTSD, so can the sudden death of one\u2019s spouse or children. After World War doctors who treated combat veterans for shell shock noted that when the veterans were exposed to loud noises they frequently developed upset stomachs, rapid heart rates, breathlessness, tightness in the chest, and sometimes loss of bladder and bowel control. By World War the term \u201cshell shock\u201d had been replaced by \u201cbattle fatigue.\u201d In a 1945 book on the subject, R.R. Grinker and B.L. Smith wrote that the flight personnel they studied \u201cseem to suffer from a chronic stimulation of the sympathetic nervous system. They perspire freely, are tremulous, restless and irritable, sleep poorly, and look very sick. At times these 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 2/23 symptoms suddenly increase, especially in response to mild auditory or verbal stimuli, and the patients react as if they had received an injection of adrenalin.\u201d But until the last dozen years or so, veterans who complained of such symptoms were frequently considered malingerers, whiners, and neurotics. When they described their flashbacks and hallucinations to psychiatrists, the psychiatrists sometimes decided they were schizophrenic and drugged them with antipsychotics. Vietnam veterans have died at staggering rates from suicide, drug overdoses, car accidents, and police shoot- outs, and their rates of imprisonment, drug addiction, and alcoholism have also been vastly disproportionate to their numbers. But in the first several years after the war, assertions that these were the aftereffects of combat were met with great skepticism. Only as Vietnam veterans aged\u2013and assumed positions of power in veterans\u2019 organizations, in Congress, and throughout society\u2013did the idea that veterans\u2019 emotional and behavioral problems were often war related begin to win widespread acceptance, which culminated in the American Psychiatric Association\u2019s inclusion of posttraumatic stress disorder in its 1980 diagnostic manual. Since then, the diagnosis has been extended to rape victims, burn victims, and survivors of floods and earthquakes. But the largest group of victims by far is children, maltreated kids like Eddie. Yet Perry says the idea that many of these kids are suffering from \u201cis still not widely appreciated in our field.\u201d Psychiatrists and psychologists, he maintains, continue to diagnose kids \u201cwho have grown up in the equivalent of a war zone\u201d as having conduct disorders, or attention-deficit hyperactivity disorder (ADHD), or schizophrenia. Perry, a neuroscientist who has a PhD in pharmacology in addition to his psychiatry credentials, was among a group of Yale University researchers who five years ago found evidence of altered brain chemistry in combat veterans with PTSD. This study and others like it demonstrated that many veterans were suffering from a genuine disorder they could not overcome simply with greater discipline and willpower. Now Perry hopes the understanding being accorded to veterans will be extended to kids like Eddie, \u201cwho so often are thought of just as little brats\u2013or later on, little criminals.\u201d It was physiologist Walter B. Cannon who in 1915 coined the phrase \u201cfight or flight\u201d to describe how the sympathetic nervous system reacts when the brain perceives a significant threat. The brain first focuses on what it sees as the threat, tuning everything else out. \u201cIf you\u2019re a cave baby,\u201d Perry says, \u201cand you see a saber- toothed tiger and it roars, you immediately pay attention only to that. You quit hearing the birds in the background, the crackling of the fire.\u201d (Some scientists call this preliminary concentration of the \u201cfight or flight\u201d reaction the \u201cfreeze\u201d stage.) The sympathetic nervous system orders the release of adrenaline from the adrenal glands; the adrenaline gets the heart pumping faster and harder. The pupils of the eyes dilate to improve sight. The liver pours sugar into the blood, and the blood carries it to the heart, the lungs, the central 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 3/23 nervous system, and the limbs to increase strength and endurance. The sugar also makes the blood able to clot faster in case of injury. \u201cIt\u2019s an incredibly wonderful response that we\u2019ve evolved,\u201d Perry says, \u201cand it\u2019s been critical to our survival.\u201d The adrenaline and other stress hormones released during \u201cfight or flight\u201d actually change receptors in the brain, Perry says, but the change is usually only temporary and quickly reversed. But when the threat is particularly long or intense or occurs too frequently, the changes may be long lasting; the receptors become overly sensitive, making them likely to overreact to smaller stresses\u2013causing the jumpiness characteristic of PTSD. He says that when this overdose of stress hormones occurs in the developing brain of a young child, the changes in the brain may be permanent. All children feel stress from time to time, during periods of being hungry, cold, or frightened. Perry says moderate doses of stress in childhood are healthy, training the sympathetic nervous system how and when to respond. Usually a parent or another adult feeds the crying baby or hugs and reassures the terrified toddler, keeping the event from being too traumatic. \u201cBut imagine what happens to a child with neglectful or abusive parents. When the child gets hungry, he or she may cry for two hours because the parents are out. And imagine if they wake the child up sometimes in the middle of the night and beat him. Or sexually abuse him. The child is going to be exposed to too much stress hormone\u2013and that\u2019s going to change the way the brain develops, so that the child becomes more impulsive, more aggressive. They\u2019ll be physiologically tuned up\u2013 they\u2019ll look like they\u2019re in a popcorn popper.\u201d The kids at Saint Joe\u2019s are \u201cpersistently at least halfway up the slope to the complete stress response,\u201d he says. \u201cWhen anyone is moderately stressed for a long time, they get more irritable, harder to get along with. And that\u2019s the case with these kids. \u201cThe brain develops in response to the environment it\u2019s in see these 13-year-old inner-city kids, and they\u2019ve been exposed to beatings and shootings their whole lives, and all this other crap\u2013and these kids are hostile, and doing gang signs, and don\u2019t trust adults think their brains are perfect. They\u2019ve adapted perfectly to their environment. It\u2019s just that their environment hasn\u2019t done right by them.\u201d Most child psychiatrists in this country do either clinical work or laboratory research. Perry, who\u2019s 37, is one of only a handful who spends a lot of his time doing both. He has seen the effects of child abuse both in therapy sessions and under microscopes. In the last few years he has published dozens of journal articles and textbook chapters on childhood PTSD. Lately he has been speaking on the subject more frequently to groups of nurses, doctors, social workers, and lawyers have become convinced that have to be a much louder voice in educating my peers and everyone else about these issues,\u201d he says. \u201cThere are 1.5 million kids in the U.S. this year who will be physically or 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 4/23 sexually abused. It\u2019s very ominous. But my friends in Oak Park [where he lives with his wife and five children] have a hard time hearing about the scope of this problem. When tell them about the stuff see at Saint Joe\u2019s, they can\u2019t believe it. People would rather not believe that things are that bad. When a celebrity says they\u2019ve been sexually abused as a kid, people will say, \u2018They\u2019re doing it to get better ratings.\u2019 \u201cYou can\u2019t talk about this problem without talking about poverty, drug abuse, teenage pregnancy. By the time you get done talking, you\u2019ve got eight or ten huge public-policy problems. It\u2019s paralyzing\u2013you don\u2019t know where to go, how to start, what to do. But our culture will only change when it begins to understand that the development of children is the most critical area of our lives.\u201d Perry has been meeting with philanthropists in recent months, soliciting money for his brainchild, the Center for the Study of Childhood Trauma. The center would disseminate information about child abuse and neglect, and lobby for more research funds. He says that because research money goes to \u201cwho\u2019s screaming the loudest, who has the most powerful political lobby,\u201d and because kids can\u2019t vote, few federal dollars are spent on studies of childhood trauma. \u201cWe talk about ourselves as a culture that loves children. But there\u2019s more political advocacy for spotted owls in this country than for these kids.\u201d When he consults at Saint Joe\u2019s two mornings a week, Perry spends most of his time advising staff members how to work with the residents. The counselors and teachers appreciate his laid-back style. They say it\u2019s easy to trust Perry\u2019s advice, given his lab and clinical experience. What they aren\u2019t aware of is that Perry also brings to his work firsthand knowledge of the power of a major emotional trauma. Perry was born and raised in Bismarck, North Dakota. When he was in fifth grade the drifts from Bismarck\u2019s annual blizzard covered his family\u2019s one-story house. In North Dakota, he says, \u201cnature is so incredibly overwhelming that you\u2019re always humbled. The dominant landscape feature out there is the sky. On clear nights there are places where you can look straight forward and see stars, and you just turn 360 degrees\u2013you don\u2019t have to look up at all\u2013and in every direction you see stars grew up with a real sense of man as a part of the food chain, as part of a greater whole.\u201d He was the second of four children. His mother, a housewife, was \u201cvery expressive and always reinforced that in me, even though it often isn\u2019t reinforced in boys.\u201d His father, a dentist, is still practicing at 64 (\u201cstill plugging away\u2013literally,\u201d Perry says). As a child, Perry watched the paying customers who were waiting in his father\u2019s anteroom wait longer when a poor Native American came in, because his father would treat the Native American next. \u201cHe would tell us that these people had not been treated well\u2013that we stole their land and the least we can do is show them some kindness.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 5/23 Though Bismarck is the capital of North Dakota, it has half the population of Oak Park. In his teens Perry would get together with friends and wonder what to do ended up sitting around a lot of times, just thinking thought about typical adolescent stuff\u2013girls, relationships. But also thought about God and the meaning of life.\u201d When he was in high school, he and his father took an anthropology course at the local junior college. The accounts of life in different cultures fascinated him. So did his readings of works by primatologist Desmond Morris. Today, in his office at the University of Chicago, a bust of Teddy Roosevelt sits on his desk. \u201cHe was kind of a wimpy little kid with asthma,\u201d Perry says. \u201cHe went out to North Dakota, worked on a ranch for about two years, became a great conservationist, and came back tough as nails was a skinny little asthmatic kid myself guess was just real determined.\u201d He was especially determined to run track. He taught himself to concentrate on his breathing, to picture his lungs pumping efficiently, and thus to tune out the fears that can worsen asthma. He read a Sports Illustrated article in seventh grade about the self-hypnosis practices of East German swimmers, and incorporated some of their visualizing techniques in his preparation for races. At Bismarck High the skinny little asthmatic set state records in the 100-yard dash (9.6 seconds) and in the 220 (22.0). Perry says he wasn\u2019t much of a student in high school was smart and loved to read. But was just so oppositional\u2013teachers would tell me to read something, and just because they told me to read it, sometimes wouldn\u2019t.\u201d He was recruited by Stanford University because of his running, not his grades. He didn\u2019t know Stanford was a prestigious academic institution. He just knew that its track coach, Payton Jordan, had been the Olympic track coach in 1968. During his first days at the university he heard classmates bragging about their grades and test scores; one classmate had gotten a perfect score on his SATs. Perry\u2019s roommate described the all-nighters he had pulled studying for tests in high school. Perry couldn\u2019t conceive of spending so much time studying. Maybe I\u2019m in over my head, he thought. When he reported to his first class\u2013calculus\u2013the other students looked not only smarter to him, but older. The professor arrived and commenced lecturing without even introducing himself. Perry had taken precalculus in high school but did not recognize the symbols the professor scribbled on the blackboard. Perry\u2019s sympathetic nervous system went on alert. He sat like a statue as the professor continued incomprehensibly. How am going to tell my parents? Perry wondered. What\u2019s a good jock school can go to? After a half hour the prof turned to the class and announced, \u201cOh, by the way\u2013for anybody who didn\u2019t see the note on the door\u2013this is a graduate class in linear algebra. They moved the calculus class down the hall.\u201d Perry soon learned that though he would have to work hard, he could cut it at Stanford. 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 6/23 He majored in human biology. His freshman year he participated in a seminar directed by Seymour Levine, a neuroendocrinologist renowned for his findings about the physiological effects of stress. Levine was doing studies that showed that the simple handling of rat pups by a human\u2013for just a minute or two a day, for two weeks\u2013caused changes in the rats\u2019 brain chemistry that lasted into adulthood. The handling by a human was stressful for the baby rats, Levine explained, and it was probably stress hormones that brought about the changes. Perry was amazed that stress could have such an enduring effect. That summer, back in Bismarck, Perry married his hometown sweetheart, Arlis Dykema. In September they took an apartment in a residence for married students on the Stanford campus. On the evening of October 12, 1974, a Saturday, Bruce and Arlis went for a walk on campus. When he was ready to return home to resume studying, she said she wanted to walk some more. Detectives knocked on Bruce\u2019s door near dawn. Arlis still hadn\u2019t returned, and Bruce was a wreck. He had searched the campus for her. He had called campus security and asked them to look for her. Now the police wanted him to accompany them to their station to fill out a missing-persons report. The detectives didn\u2019t tell Bruce that Arlis\u2019s body had just been discovered by a security guard. The guard had found her under a pew in the Stanford Memorial Chapel, an ice pick rammed in her head. She had been beaten and choked as well, and she was naked from the waist down. The police took Perry to the station and grilled him for two hours: \u201cWe know your wife was having an affair and you found out.\u201d \u201cShe told you she was pregnant and you got angry.\u201d Perry was dazed, perplexed, terrified. When the police had picked him up it was chilly, but he had been wearing only shorts and a T-shirt. They hadn\u2019t let him pull on pants or even shoes, and he was freezing in the station. \u201cYou want a cigarette?\u201d the detectives kept asking him, even though he kept telling them he didn\u2019t smoke. \u201cWhere\u2019s my wife?\u201d he asked over and over, without getting a response. Finally the technician who was fingerprinting him told him what had happened to Arlis. Perry was released after he passed a lie-detector test. Arlis\u2019s killer was never found. Perry returned to Bismarck for the funeral. Then he left Stanford for several months. He hitchhiked around, staying with friends in Grand Forks, North Dakota, in Colorado, in Atlanta, and in Chicago, where he stayed with a former high school classmate who was attending the University of Chicago. He spent a lot of time alone, wandering the streets with just a few dollars in his pocket know what it\u2019s like to have to hunt for a warm place to sleep, to sleep in a ditch, and to count pennies to see if you have enough to buy a burger at McDonald\u2019s,\u201d he says. Friends and relatives had urged him not to think about Arlis\u2019s murder. Get right back in school, they told him. Get your mind off of it don\u2019t know if it was instinctual or what, but didn\u2019t feel that was what should do. 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 7/23 had to get in control of what had happened, instead of having the event control me. When anyone is traumatized, they\u2019ve got to make that transition away from being a victim. Something had happened that was completely out of my control had to get away from feeling that because unpredictable, uncontrollable things happen might as well not do anything. \u201cSometimes felt like was going through a movie\u2013I\u2019d have moments where I\u2019d go, \u2018Jesus can\u2019t believe this is going on had long periods of pain, and sadness, and of thinking how unfair it seemed tried to think about what it was that would make a human being do this. There was a lot of anger initially\u2013but didn\u2019t know where to direct it, since didn\u2019t know what exactly had happened. You sort of had to make something up to get angry at. Then just quit doing that\u2013it was getting in the way of me being able to move on. When accepted the fact that death was a part of life, it did not matter that much anymore what the person who killed her looked like or was like.\u201d Perry didn\u2019t suffer a prolonged case of jitteriness; he wasn\u2019t haunted by hallucinations or flashbacks. He says he thinks he avoided partly because he dealt with the trauma head-on. Studies have indicated that when soldiers are persuaded to think about and discuss their feelings immediately after combat they develop symptoms less often was lucky it happened at a point in my life when could afford to take time off and just go sit in a park and think about what happened.\u201d Unlike young children who are abused had the power to do abstract reasoning,\u201d he says. He also had friends and family members he could talk to about what happened. The only people many maltreated kids have to talk to are the ones who are abusing them. \u201cThat\u2019s why kids end up working through these things behaviorally,\u201d he says. Instead of embittering him, Perry thinks Arlis\u2019s slaying strengthened him. He had been \u201crelatively timid, shy\u201d before the murder. Afterward he was \u201cmuch more self-confident. Because couldn\u2019t imagine anything worse to experience, and saw could live through even this and be happy felt older felt free to be whatever wanted to be thought about the external trappings of our culture, and the things we value and don\u2019t value. You get caught up in the fact that you\u2019re doing well in sports or you\u2019re getting good grades found that many of the things cared about doing well at were really pretty empty felt freed up from the whole process of getting good grades, or going to a great school, or being the best at this or that put more effort into my relationships\u2013 because knew that\u2019s what\u2019s really enduring. My work is important to me to the degree it has social impact, and a lot of it is focused on our culture acknowledging the importance of relationships.\u201d The sudden loss of his wife ultimately made him a more empathic therapist as well, he says, especially in counseling people who were struggling with the impact of a sudden trauma. \u201cIn therapy try to think very 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 8/23 carefully about what the person who\u2019s talking to me is really experiencing. To do that, you have to draw upon your own experiences. I\u2019ve had\u2013unfortunately\u2013a broader repertoire of experiences upon which to piece together this little reconstruction of what somebody else\u2019s life must be like.\u201d On July 15, 1976, three masked men brandishing guns kidnapped 26 children and their school-bus driver in Chowchilla, California. The kidnappers drove the children and the driver around for 11 hours in two blackened vans, then buried them alive for 16 hours in a truck trailer. Two of the kidnapped children dug the group out. Shortly afterward a mental-health-center physician reassured the parents of the children that hardly any of them were likely to be significantly affected emotionally by the experience. But when a San Francisco psychiatrist, Lenore Terr, talked with 23 of the children several months later, they described recurring nightmares and extreme and unusual fears. \u201cThey remained permanently on guard,\u201d Terr wrote later. \u201cNo matter what anyone told them, they seemed unable to trust again.\u201d The children were clearly suffering from \u201cpsychic trauma,\u201d Terr wrote. Four years later, when Terr interviewed the children again, she found symptoms persisting in every one of them. Most continued to have nightmares; 12 of the kids reported dreams in which they died. The recurring stomachaches and bladder problems that had begun shortly after the kidnapping continued for some. All but two of the children voiced severe pessimism about their lives think I\u2019m going to die young,\u201d an 11-year- old girl told Terr. \u201cI\u2019m sure of this. Maybe 12 years old. Someone will come along and shoot me.\u201d Terr concluded that \u201cchildren are not more flexible than adults following a pure psychic trauma. Despite the popular wish among the public and the lay press that children will spontaneously outgrow or even improve themselves after such sudden, intense frights, the evidence from Chowchilla is to the contrary.\u201d Perry was in a neuroscience program at Amherst College in Massachusetts at the time of the Chowchilla kidnapping. He had returned to Stanford for the spring quarter after Arlis was killed, but everyone there knew about his loss and gave him \u201ca big sympathy vote\u201d that made him uncomfortable. So he had decided to transfer. One of Perry\u2019s professors at Amherst\u2013a physiological psychologist\u2013had a lab, and Perry started working in it. \u201cHe had a whole floor, with a behavioral lab, a neurochemistry lab\u2013it was just great. You had opportunities as an undergrad that you don\u2019t get at bigger universities\u2013you\u2019d read the literature, and think of an idea, and order the rats, and do an experiment. It was pretty bad stuff, but it was interesting.\u201d His professor was studying how a certain toxin that killed dopamine neurons changed rats. Perry would pick up a rat pup, tip its head back, 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 9/23 inject the toxin in the back of its head with a syringe, then compare the rat\u2019s behavior and brain chemistry with that of similar rats. \u201cI\u2019ve always been very, very curious,\u201d he says. \u201cWhat liked about research in a lab is how you could have a question, and you could think about the best way to answer that question, and you could get a result. Over time I\u2019ve learned that the best research is research that ends up generating more questions and better questions.\u201d He laughs. \u201cAnd that you really can\u2019t get answers like thought you could.\u201d At Amherst Perry simply studied what interested him; he didn\u2019t bother to fulfill requirements for a degree. Nonetheless he was accepted at Northwestern University\u2019s medical school in 1977. One of his advisers at Northwestern had discovered alpha-2 adrenergic receptors, proteins in the membranes of various cells\u2013muscle cells, nerve cells, platelets\u2013that receive signals from, and are changed by, the neurotransmitters released during stress responses. (Neurotransmitters carry messages throughout the brain.) Another of Perry\u2019s advisers had invented a procedure for studying alpha-2 receptors directly, using a radioactive probe. Perry\u2019s doctoral dissertation in 1984 focused on these receptors. During a residency in psychiatry at Yale from 1984 through \u201987, Perry studied the brain chemistry of veterans with major depression. Blood was drawn from them, the platelets were separated out, and the alpha-2 receptors in the platelets were measured. Researchers elsewhere had found more alpha-2 receptors in people with major depression; Perry found fewer. \u201cAt first thought, \u2018Oh fucked up\u2013this research is tough.'\u201d Then he discovered that the depressed veterans in his study had been given secondary diagnoses of PTSD\u2013a diagnosis no one had paid much attention to. Perry and fellow researchers compared the alpha-2 receptors of veterans with who were not diagnosed as depressed. These veterans too had fewer alpha-2s than the controls. Why was unclear. What was clear was that was a biologically distinct syndrome. Researchers at the time wondered why some combat veterans developed and others didn\u2019t. Maybe there was a gene that predisposed certain people to PTSD, some researchers speculated. Perry, recalling animal studies by Stanford\u2019s Levine and others, thought the answer was in nurture and not nature. Levine had shown that rats shocked in infancy exhibited exaggerated responses to acute stress in adulthood. Perry reasoned that people who developed had also suffered acute stresses in childhood\u2013typically physical or sexual abuse\u2013 that made them more vulnerable to traumas in adulthood. In 1987 Perry accepted a fellowship in child and adolescent psychiatry at the University of Chicago. In the lab he continued to study the alpha-2 receptors of adults with or other mental illnesses. His interest in what predisposed people to led him in 1989 to his present consulting work at Saint Joe\u2019s. 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 10/23 Saint Joe\u2019s is across the street from the Douglas Tomb State Historical Site, in the 700 block of East 35th. The four-story stucco structure was built in 1858, and has seen more than its share of since. It served as a rehabilitation home for injured Union soldiers during the Civil War and for disabled veterans after the war. The Chicago archdiocese bought the building in 1871 and converted it into an orphanage; for a time it also provided temporary shelter for abused women and their children. In 1953 Saint Joe\u2019s began extending care to emotionally disturbed kids. That has been its sole function since 1965. The 30 boys who live here, ages 5 to 15, were referred to Saint Joe\u2019s by the Chicago Board of Education and by because they proved unmanageable at home and even in specialized programs in the board\u2019s schools. Their social-history records, compiled by investigators, are laden with accounts of beatings and molestations by parents, grandparents, foster parents. The boys stay at Saint Joe\u2019s for three years on average, until a judge returns them to the custody of a relative or a suitable foster home becomes available. Given the boys\u2019 histories of fighting, vandalizing, and running away, foster homes rarely become available. Typically they stay at Saint Joe\u2019s until they\u2019re 15, and then move on to group homes for older boys. The residents sleep on twin beds in three dorms, grouped by ages. On weekdays another 45 boys and girls join them in classes in a school on the premises. These children have also been booted out of regular schools, but most of them still live with their parents. Perry had counseled maltreated children before, so he was not shocked by the case histories of the kids at Saint Joe\u2019s. What did surprise him were the social and legal systems responsible for the welfare of these children\u2013how \u201cincredibly ponderous and inefficient and misinformed\u201d they were. What disturbed him most was how frequently psychiatrists in their diagnoses seemed to pin the blame for the kids\u2019 behavior on the kids themselves\u2013focusing on their \u201cpsychosis\u201d or \u201cconduct disorder\u201d rather than on their tumultuous upbringing. \u201cThey were looking at symptoms and not causes,\u201d he says. \u201cThe fact that a kid could go through evaluation after evaluation and nobody would think that their exposure to violence had something to do with their behavior\u2013it just was astounding to me. \u201cSometimes giving the diagnosis is a license to quit thinking about what\u2019s going on,\u201d he says. \u201cThe diagnosis to me isn\u2019t as important as getting a complete understanding of the child. But it\u2019s rare for someone to be thorough when they evaluate these kids. There are so many kids in the system and so few placements with access to good psychiatric care or good psychological testing. The people who do it for the Board of Education or for are swamped. It\u2019s not unusual for a psychiatrist to be thrown a whole stack of records and to be told that in 40 minutes he has to give the kid a diagnosis and come up with a treatment plan. It\u2019s absurd! It takes me months to get to know these kids.\u201d The result is kids don\u2019t get the kind of help they need, he says kid will have a learning disability, and it won\u2019t get picked up for five years. He\u2019ll be feeling bad about himself because he can\u2019t keep up in school, and so he\u2019ll act out and end up in a behaviorally disordered class, where the goal is to keep the kids alive until the next day.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 11/23 Since the stress response affects the functioning of the brain stem, and the brain stem regulates heart rate, Perry decided to study the heart rates of children with at Saint Joe\u2019s. All of the children in his study had been severely beaten or sexually abused in their early years. While a group of children of the same age had a resting heart rate of 84 beats per minute, 85 percent of the children had heart rates greater than 94 beats per minute. Forty percent of the group had heart rates above 100 beats per minute. The kids in the study were asked to lie down for nine minutes, then stand for ten. The heart rates of those with shot up higher and returned to the resting rate more slowly than the heart rates of the controls. The study shows \u201cpoorly integrated brain-stem functioning\u201d in the kids, Perry says, caused by their overexposure to trauma in early childhood. Perry then had an antihypertensive\u2013clonidine\u2013administered to 17 children at Saint Joe\u2019s. After four weeks the children\u2019s heart rates had dropped from an average of 110 beats per minute to 96. Teachers were asked to chart the children\u2019s behavior before, during, and after the four weeks; they found the kids less impulsive, less anxious, and concentrating better during the four-week trial. Since then Perry has switched numerous residents at Saint Joe\u2019s from antipsychotics, or from the Ritalin typically prescribed for those diagnosed as having attention-deficit hyperactivity disorder, to clonidine, which has milder side effects. Of the 17 boys at Saint Joe\u2019s who receive medication, 13 take clonidine. \u201cEvery kid we have put on clonidine here has had some positive effect,\u201d he says. \u201cIt would be silly to call this a wonder drug. But for some kids, it is a wonder drug. It tunes them down a bit, so they can respond to stressful events without coming completely unwound small but growing number of psychiatrists around the country are now prescribing clonidine for kids with behavior problems, he says. But while clonidine \u201cmakes it easier for a child to cope,\u201d Perry says, \u201clasting progress comes from the child being in a nurturant, predictable environment. That\u2019s much more important than any drug. We don\u2019t know that well how the brain works, but we know it develops as a mirror to what it\u2019s exposed to. It takes what\u2019s on the outside and puts it on the inside. If on the outside you have nurturance, structure, predictability, children can build good things inside themselves.\u201d At Saint Joe\u2019s he tries to help the staff foster such an environment. \u201cWillie is really a very beautiful child,\u201d his therapist, Margaret Eder, says. But \u201che sees himself as a defective person. He says he never wants to have children because they will be like him.\u201d Ten staff members and Perry are sitting in a dining room in the basement of Saint Joe\u2019s around four round tables that are pushed together. It is a Thursday in late January. The teachers and counselors are discussing treatment plans for three residents. Treatment reviews like this one are conducted most Tuesday and Thursday 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 12/23 mornings. Reports are given by a boy\u2019s therapist, one of his classroom teachers, and the counselor in his dorm. Perry asks and answers questions, assesses the child\u2019s progress, and makes recommendations. You couldn\u2019t expect Willie to think much of himself, given his background, Perry tells the group. Thumbing through a fat green binder in front of him, he reminds the staff of Willie\u2019s background. (Perry does this routinely in staffings kid may be driving staff nuts,\u201d he tells me later. \u201cBut when they\u2019re reminded how he was sodomized at age two or had a hypodermic needle injected in his penis at age three, it\u2019s easier for them to remember where his behavior is coming from.\u201d) Willie, now 11, was 6 when took him and his two sisters away from their mother. She had been spending her welfare check on drugs and booze while her kids went hungry. She beat the kids too. Willie was placed in the home of a relative, where a teenage cousin sexually abused him. He was moved to a foster home. After four months his foster parents said they could no longer deal with his constant fighting, his attempts to hurt himself, and his frequent running away. The residential treatment facility to which he was transferred didn\u2019t have any better luck. Along with his behavior problems there, Willie began to hear voices and have visions of his mother attacking him with a burning cross placed him in Saint Joe\u2019s in September 1989. Perry evaluated him the day after he came to the center. Willie might be schizophrenic, Perry wrote, noting the recent hallucinations. But he also thought Willie\u2019s problems might be due to the \u201cchaotic, frightening, hostile and shifting world\u201d in which he had been raised. If so, \u201cwe would expect him to begin to do much better in the highly structured and, dare say \u2018loving,\u2019 environment present at Saint Joseph\u2019s.\u201d But since Willie\u2019s closest relationships had been \u201cunpredictable, unreliable, and harsh,\u201d Perry cautioned that \u201cthe more we make attempts to get close to him . . . the more deteriorated he will become.\u201d It would take years of nurturing for Willie to relax and trust people, he said. In Willie\u2019s first 16 months at Saint Joe\u2019s, he bit, kicked, punched, and cursed teachers and fellow residents almost daily. Then in January \u201991 he tried to hang himself in a bathroom. He spent three weeks in a psychiatric hospital before returning to Saint Joe\u2019s, where he soon returned to his violent ways. But at the staff meeting this morning, Larry Haskin, a residential counselor, tells the group that Willie has settled down in recent months. \u201cLast night he got mad about something on and he had to be restrained\u2013but that\u2019s the first time in a while.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 13/23 Eder agrees that Willie\u2019s behavior has improved. When a situation seems overwhelming to him now, she says, he tends to withdraw and sometimes just goes to sleep. \u201cBut that\u2019s a lot different from what we used to see of Willie, flying into rages 25 times in half a day.\u201d She pauses. \u201cStill, Willie is in a state of extreme hyperarousal, always scanning the environment to be sure everything is OK.\u201d When Willie misbehaves now, adds one of his teachers, Sandy Krupa, he usually is able to serve his time-outs in the classroom instead of having to be escorted to another room. He does well in math and in reading comprehension, she says, but he has \u201cextreme difficulty remembering sight words. He\u2019s seen the word \u2018the\u2019 for several years now, but he can\u2019t read it unless remind him that it\u2019s that funny H\u2019 word.\u201d Perry taps the green binder and says, \u201cIt\u2019s a shame, because clearly he\u2019s a bright kid.\u201d On a test of nonverbal ability, Willie scored a 12 on a 20 scale, Perry says, \u201cwhich is very, very bright.\u201d But he scored only a 3 on a 20 scale on a verbal test. High nonverbal and low verbal scores are not unusual at Saint Joe\u2019s, Perry tells me later. \u201cThese kids learn how to pick up on nonverbal cues much better than the average kid. They see subtle changes in body posture, and they know what they mean\u2013because that\u2019s been the only reliable predictor of what\u2019s going to happen to them. Mom comes home with alcohol on her breath and she walks a little funny, and those are the times they get hit. She may come home and say, \u2018Honey love you.\u2019 But what does the kid learn? You learn that love you\u2019 doesn\u2019t have meaning\u2013that swaying and smelling of alcohol do.\u201d Perry asks Krupa whether Willie has been tested for learning disabilities. Testing had been scheduled last year, Krupa says, but Willie missed it when he was hospitalized after his suicide attempt. Perry recommends the testing be rescheduled. He also suggests that Willie\u2019s teachers rely as much as possible on nonverbal mediums for teaching Willie\u2013using computer games, for example. Someone else at the table suggests comic books. \u201cI\u2019m happy with the way things are going with this kid,\u201d Perry tells the group. \u201cWhen he came in here, he was a mess. And the question was, did he have some sort of endogenous psychotic disorder, or did he have adequate raw material and the capacity to develop normally, but it didn\u2019t have the chance to develop because of his early life experiences? And here we give kids the benefit of the doubt.\u201d Now it looks like Willie \u201chas the raw material. With the nurturance and the structure and the stability that you all have provided, that raw material has continued to grow, and think you all should feel proud. The bottom line\u2013keep doing what you\u2019re doing.\u201d Many kids appear psychotic at first, Perry tells me later. Under stress people \u201crevert to the more comfortable, tried-and-true defense mechanisms. When get really stressed out go back to sort of a preadolescent stage\u2013stomping around and fuming. But many kids will regress to incredibly primitive mechanisms\u2013they\u2019ll rock and they\u2019ll go back to primary-process thinking. Primary process is the way very 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 14/23 young children view the world. They make odd associations because they haven\u2019t had much experience child sees a red fire truck for the first time and hears a siren, and the next time they see anything red they\u2019ll say, \u201cOh, siren.\u201d\u2018 Because kids are so easily stressed, they do a lot of this primary-process thinking, Perry explains, which is what leads to them being diagnosed as psychotic and put on antipsychotics. Martin, age ten, is second on today\u2019s agenda. He was four when he was removed from his mother\u2019s home. His mother admitted to a investigator that she regularly beat her son. She also told the investigator that she had been beaten regularly as a child; she said her mother hated her because her complexion was darker than her siblings\u2019. (Willie\u2019s mother had been abused by her mother, according to records. Anyone familiar with the histories of the boys at Saint Joe\u2019s, Perry says, knows too well how inevitably \u201cviolence begets violence, and sexual abuse begets sexual abusers.\u201d) Martin was shuffled between foster homes for the next five years. In one of the homes some older boys tried to molest him, he later told a therapist; in another he was forced to look at pornography and to sleep with his foster mother; in another his foster parents whupped him regularly for wetting the bed. In school he often refused to stay in his seat and he bullied other children. He was diagnosed as having attention-deficit hyperactivity disorder and put on Ritalin, but his behavior problems persisted. Early in 1990 Martin visited several times with his father, who had recently been released from prison, and his father told Martin he might try to gain custody of him few months later his father was shot to death. Soon after Martin tried to stab himself with a syringe, then tried to hang himself in a closet. He was hospitalized, and last August was placed in Saint Joe\u2019s. Martin \u201cstill has little hope for a happy future and anticipates rejection and abandonment in relationships,\u201d his therapist, Margo Tirado, reports to the group. Such fatalism predominates among kids at Saint Joe\u2019s, Perry tells me later. \u201cKids here don\u2019t say \u2018When grow up.\u2019 They say \u2018If grow up.\u201d\u2018 Arthur Walker, a residential counselor, says that Martin \u201chas yet to form a relationship with anyone on the dorm. He instigates fights with peers by talking about their parents and giving the middle finger. He\u2019s always making sexual comments. He told me he uses the sexual comments and the profanity in place of being aggressive. I\u2019ve told him, \u2018Martin, you got to find a different way of expressing yourself.\u2019 \u201cHe gets up at six o\u2019clock in the morning and causes people trouble, making sexual comments end up just sitting in the lounge with him for about an hour until it\u2019s time for everyone else to get up, so can get ahead of 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 15/23 him. You must get ahead of Martin. If Martin gets ahead of you, you\u2019re never going to catch him teacher, Susan Staehle, tells how Martin punched her \u201cwith all his might\u201d in the stomach a week ago. Since then he\u2019s shown nothing but remorse, she says. \u201cHe tells me he\u2019s so afraid I\u2019m going to hate him. He\u2019s always trying to pat my head.\u201d \u201cThat\u2019s how he often relates to people,\u201d says Eric Tomlinson, the director of residential services. \u201cHe\u2019ll force you into a situation where you have to restrain him or do something authoritative. Then it\u2019s like he bonds with you.\u201d Perry says, \u201cWhat you\u2019ve all been saying is consistent with what happens when a child grows up with an abusive mother. See, most of these parents, they don\u2019t do these things because they\u2019re bad, but because they\u2019re overwhelmed. They\u2019re distracted by their social circumstances\u2013they have no money, no support network. They hit their kid\u2013the kid cries more. So they hit him again, and they end up beating him up. Then they realize they\u2019ve just beaten the shit out of their child, whom they love\u2013and they feel terrible about it. So they become overly nurturant, overly indulgent. They give them candy. They say, \u2018Let\u2019s go buy you something.'\u201d Abuse and love get confused in the child\u2019s mind, Perry says, and the child learns to cause trouble because of the warmth he associates with its aftermath. In class Martin is \u201cextremely distractable,\u201d Staehle says. With his classmates, \u201che sometimes tries to be friendly but ends up being irritating.\u201d \u201cThat\u2019s what they used to say about me,\u201d Perry says. \u201cUsed to?\u201d Tomlinson says. Perry has on blue jeans and a beige cardigan sweater over a T-shirt. He is in stocking feet, having slipped out of his loafers, as he tends to do during meetings. He is not an intimidating presence at the staffings. \u201cHe\u2019s very casual and down-to-earth,\u201d Tom Eagan, Saint Joe\u2019s program director, says later. \u201cPeople tend to revere psychiatrists, and some psychiatrists use their position to establish their authority. But Bruce isn\u2019t concerned about his \u2018authority.\u2019 His knowledge is commanding in itself.\u201d The third boy being considered today, Jose, is 14. His mother handed him over to the state when he was 9, saying she couldn\u2019t manage him. He too was moved from foster home to foster home\u2013sometimes because of problems with the home, sometimes because of Jose\u2019s violent behavior. He was placed in Saint Joe\u2019s three years ago. 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 16/23 Karlton Shaw, a residential counselor, begins the discussion. Shaw only recently began working at Saint Joe\u2019s, and this is his first staff meeting. \u201cThe first time you give a report you have to sing it,\u201d Perry tells him. Shaw tells the group that after Jose visited a relative\u2019s home earlier this month, $30 was discovered missing from the home. That evening $30 turned up in Jose\u2019s pants. \u201cBut Jose refused to admit that he had taken the money,\u201d Shaw says. Pam Garfinkel, director of social services, says that Jose recently stole $20 from her know it\u2019s not good to label these kids with personality disorders,\u201d she says, \u201cbut his narcissism is unbelievable.\u201d Jose\u2019s teacher, Kay Maurer, reports that \u201cincidents of dishonesty, half-truths, and outrageous excuses continue to occur daily.\u201d But Perry is upbeat in his assessment of the boy\u2019s progress, attributing his behavior largely to adolescent growing pains. Jose\u2019s insurgence is taking a deviant route because of his troubled childhood, Perry says, but it at least shows \u201che\u2019s continuing to develop in some line. He may take a real aberrant course for a while. But just like we\u2019re amazed this stuff is happening now, the good stuff will come out sometime too have no doubt that this kid will be healthier eventually because of what he is getting from all of you here.\u201d The teachers and counselors at Saint Joe\u2019s need frequent reassurance, Perry says later, particularly the staff members who work with adolescents. \u201cIt\u2019s very frustrating for people to work hard with a kid for three or four years, do stuff above and beyond the call, and then have the kid treat them like dirt. Really what the kid is doing is acting out those earlier conflicts with their major adult relationships. That wasn\u2019t a big issue for them when they came here at [age] eight or nine; then they were working on their relationships with peers. So need to remind them that the good stuff they\u2019ve given a kid will reemerge once they\u2019ve gotten through this rocky period. \u201cThe people who do the front-line work at a place like Saint Joe\u2019s have extremely difficult jobs,\u201d he says. \u201cThey take an incredible amount of abuse from these kids. Anybody who\u2019s a parent who has a difficult child or a child who has a period when they\u2019re difficult\u2013imagine that from eight kids all day long. By giving the staff some support think make them more effective with the children.\u201d But Perry says he isn\u2019t just blowing smoke when he tells staffers the kids here can do better one day despite their wretched upbringings. \u201cPeople have strokes and they recover functioning,\u201d he tells me. \u201cThe brain is incredibly resilient.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 17/23 After the treatment review ends and most staffers have left the dining room, a teenage boy carrying a small green Marshall Field\u2019s shopping bag approaches Perry. He pulls two packages in red gift wrap from the bag and hands them to Perry. Smiling shyly, he says something softly to Perry, then quickly leaves. In December Perry had left boxes of Frango mints in staffers\u2019 mailboxes as holiday presents couple of the boxes disappeared before the staffers got them. Earlier this month the teen, who had stolen the mints, had left Saint Joe\u2019s to live with his grandmother. But he had felt guilty about the theft, and so had bought two replacement boxes out of his own money. \u201cYou hear a lot about how these kids have no remorse,\u201d Perry says. \u201cThis kid could have gotten away with it. Or he could have just said did it, and I\u2019m sorry.\u2019 But he chose to make it right by going out and replacing them. That\u2019s a good sign.\u201d The amount of stress isn\u2019t the only factor in PTSD, Perry says, but also its consistency. Rats who are shocked and exposed to loud noises at erratic intervals as pups overreact dramatically to the same stresses as adults, he says. They also have more difficulty learning certain tasks as adults. Rats who aren\u2019t ever shocked as pups function adequately when stressed as adults. But the rats who handle stress best when they\u2019re grown are those who were stressed on a regular schedule as pups. \u201cIf you\u2019re almost never stressed as a kid, you\u2019re not going to be able to handle stress later,\u201d Perry says. \u201cWe see this sometimes in kids who are completely overprotected. The best thing is a consistent, controlled exposure to novel events child who\u2019s just started to walk will go out and explore, and he\u2019ll get to the point where he can be out of the view of Mom. Then something will happen\u2013he\u2019ll pull down a pot or pan and it\u2019ll make all this noise, and he\u2019ll run back to Mom and get soothed. He goes exploring again, gets stressed, gets soothed. The systems in the brain involved in the stress response are getting exercised but not overloaded.\u201d The combat veterans he has counseled \u201chated worst sitting in camp between patrols, because sometimes they\u2019d get shelled, sometimes they wouldn\u2019t. Predictability is interwoven with control. If you feel you have control over an event\u2013even one that would ordinarily be traumatic\u2013it\u2019s going to feel less stressful.\u201d That\u2019s another reason kids with abusive parents often provoke their parents into hitting them\u2013so at least they have control over when it will happen. One client Perry tells about\u2013a woman in her 20s\u2013had an alcoholic father who beat her frequently when she was a child. \u201cSome nights it would happen, and some nights it wouldn\u2019t. She would be sitting upstairs when her father came home, and she wouldn\u2019t know whether it was going to happen or not\u2013and she couldn\u2019t get anything done. So she would go downstairs and provoke him into hitting her, so that she could go back upstairs, knowing it was done for the night, and do her homework.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 18/23 That\u2019s why Perry emphasizes the importance of a consistent, predictable environment to staff members at Saint Joe\u2019s. He also urges the staff not to be overly authoritarian lot of the kids here were serially abused by adult males. So any interaction with a man they perceive as threatening in any way causes them to unravel. It\u2019s like how a veteran gets cold sweats from hearing a helicopter. The child will get more anxious and more oppositional. \u201cLet\u2019s say a male teacher tells a child, \u2018Get in line\u2013it\u2019s time to go to class,'\u201d Perry says. \u201cSometimes his body language or tone of voice will make the child feel threatened, and he\u2019ll say no because of that. If the staff member doesn\u2019t understand what\u2019s happening with the child, he\u2019ll say \u2018You have to get in line\u2019 in a more threatening way. So the child gets more defiant. Pretty soon the whole thing has escalated, and the child may end up in restraints. It looks like what the staff member did was totally appropriate, but what it looks like doesn\u2019t matter\u2013it\u2019s how the child perceives things. The staff members here have been taught that when the child says no, they sometimes have to back off, say, \u2018OK, you have a choice\u2013you can get in line, or why don\u2019t you go over to your area and take a few minutes to pull yourself together?'\u201d Program director Tom Eagan, who has worked at Saint Joe\u2019s for ten years, says Perry\u2019s ideas have helped the staff work more productively with the residents. \u201cIt makes a big difference if you understand that a kid may be reliving a past traumatic episode, as opposed to thinking he\u2019s just a bad egg or a budding sociopath. If you understand that the kid needs to settle down inside, and you\u2019re firm and calm, you tend to get much better responses than if you\u2019re confrontative. \u201cIf you don\u2019t understand why a kid is acting a certain way, it\u2019s hard to temper your reactions to it,\u201d Eagan says. \u201cBecause they do provoke. They do degrading things to staff\u2013call them names, spit on them, assault them. It\u2019s hard not to get angry about it. You tend to want to overpower the kids. When you understand why a kid is acting the way he is, you don\u2019t take it as personally. And you know how to help the kid get control over it might tell a kid who\u2019s being combative \u2018Pay attention to your breathing, your heart\u2019s racing\u2019\u2013try to make him aware of his internal state, so that he can get himself back under control instead of depending on me to do it for him.\u201d While Perry believes the kids at Saint Joe\u2019s will benefit from their time here, he knows it won\u2019t completely offset the damage done in early childhood. \u201cThese kids may appear nonschizophrenic and nonpsychotic while they\u2019re here. But would suspect that many of them as they get older, and they\u2019re no longer in such a nurturant, stable environment, will revert to more primitive ways of dealing with things. What you hope is that they\u2019ll find a niche: get work as a night watchman, find someone in their world who\u2019s really kind to them\u2013 someone in church or a social worker\u2013who can provide the nurturance and stability they need. People who get a lot of nurturance and stability when they\u2019re younger don\u2019t need as much when they get older. But the people who didn\u2019t get it when they were small continue to need it.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 19/23 Cross-cultural studies have shown that \u201cpeople with emotional or mental illnesses do better when they have a network to fall back on,\u201d Perry says. \u201cSchizophrenics tend to do much worse in Western cultures like ours than in primitive cultures, where there are tight-knit families and people are part of a small village. Most of these kids have been cut loose from families and friends and set adrift. The long-term outlook for them is not bright.\u201d Perry says he is \u201cvery grateful\u201d to be working at Saint Joe\u2019s think most of us in academics are pigs. We spend our whole lives indulging ourselves\u2013making ourselves smarter, publishing our papers, getting money for our labs. And we think we\u2019re doing a favor back when we teach people or do a little bit of clinical work. These kids at Saint Joe\u2019s help them a lot feel fortunate that there\u2019s an environment where can do that without having to sacrifice my own piggish goals. \u201cIt brings you back to earth to walk into one of those dorms, and be pissing and moaning about the fact that your car has a flat, or a paper got rejected, or a grant didn\u2019t get a fair reading\u2013and see how these kids live, how profoundly difficult their lives are.\u201d Some of Saint Joe\u2019s donors throw a Christmas party for the residents every year. At one of these parties Perry watched a nine-year-old boy approach one donor, a wealthy woman. Before this child had come to Saint Joe\u2019s, at age five, Perry says, he had \u201cbasically been a trash-can kid, dumped by everybody in his life.\u201d At the party the boy grabbed the woman\u2019s hand and walked her over to his cubicle. \u201cHe told her want to show you where live.\u2019 He showed her his bed and his desk, with a few of his drawings on it. He told her, \u2018Look at this\u2013 see how special am that have this.\u2019 This lady had more on her ring finger than had been spent on this kid in the last five years\u2013and he\u2019s telling her how wonderful he was to have this little space. Not all of the kids feel that way\u2013a lot of them feel really alienated. But this kid was able to take those few shreds of material things, and the other elements of being at Saint Joe\u2019s, and build some self-esteem around it.\u201d Researchers working for Perry at the U. of C. have been reviewing the histories of children at Saint Joe\u2019s and in similar facilities, studying the relationship between the age of the children when first traumatized and their subsequent symptoms. According to the early results, children abused in their first three years \u201clook more psychotic,\u201d Perry says. \u201cThey\u2019ll have more thought disorders, and they\u2019re more likely to hallucinate. They\u2019ll also have more pervasive delays in physical growth, and social, emotional, and cognitive development.\u201d Kids who are abused mainly in middle childhood \u201ctend to be anxious, to have more depressive symptoms and more aggressive-conduct disorders.\u201d Kids who were physically assaulted tend to be physically assaultive, the study indicates, and kids who were sexually assaulted tend to be sexually assaultive. 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 20/23 The biology researchers in his lab have been taking \u201ctiny brain balls you can barely see\u201d from embryonic mice, and growing them in cultures. The brain balls are kept in beakers, in a liquid that helps support them. Then soluble cocaine is pipetted into the liquid of some of the beakers. The growth of neurons, receptors, and neurotransmitters in the brain balls exposed to cocaine is measured and compared with that of the brain balls not exposed to cocaine. That the drug changes brain development is already clear; exactly how is not. \u201cIt depends on when it\u2019s given and in what dose. There are times when you give it and you\u2019ll end up with more receptors, and other times when there\u2019ll be fewer. What we do know is anything that changes normal development of the brain typically leads to a less functional brain.\u201d Perry plans to some day expose embryonic mouse brains to stress hormone instead of cocaine, to further test his belief that an excess of stress hormone hampers normal brain development. Perry says the cocaine study shows how complicated and difficult to fathom the brain is. Despite many advances in recent years, our knowledge of how the brain works is still primitive. \u201cThe brain has a hundred billion neurons, and ten times as many glial cells [small cells that provide nourishment and support for neurons], which play major roles in lots of regulatory functions of the brain. You\u2019re talking about billions and billions of cells. And they\u2019re continually communicating with each other\u2013they\u2019re continually turning off certain genes and on other genes, making slight changes in their structure. When you study the brain, you may have very big goals. But you have to be satisfied with answering very small questions.\u201d Perry won\u2019t be looking for answers in Chicago for long. He leaves the city in July for a position with the Baylor College of Medicine in Houston. He will be chief of psychiatry at Baylor\u2019s Texas Children\u2019s Hospital and associate chairman for research in the Baylor College of Medicine\u2019s psychiatry department. He will also direct a program out of the Veteran\u2019s Administration Medical Center. All these positions will allow him to do long-term studies of a variety of people with PTSD\u2013combat veterans, rape victims, and, of course, kids. He also hopes to turn his attention to more positive subjects eventually\u2013such as how a healthy mother-infant relationship leads to a healthier nervous system. Perry thinks that doing clinical work and basic lab research makes him better at both. \u201cThere are many things you can study in the lab, all of them fascinating. But some of them don\u2019t have a lot of bearing on human existence. When you\u2019re also working clinically, you\u2019re more likely to focus on relevant questions in the lab. And the lab research do makes me more cautious in my clinical work know that a lot of what we do clinically\u2013like the way we prescribe medication for the brain\u2013is more a product of heritage and tradition than fact.\u201d Research \u201cgives you the power to make better decisions about things,\u201d he says think the weight of truth about the way things work ultimately drives the way things will be. Two hundred years ago there were concepts in the scientific literature that Africans were inferior. But over time the weight of scientific evidence has played a major role in making people understand that that\u2019s absurd. It\u2019s the same with what we\u2019re doing: 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 21/23 the more we understand about how the brain develops, the better position we\u2019re in to know how to prevent maladaptive development. That will have impact on a wide array of public-policy issues think the more that the people in positions of power\u2013teachers, physicians who work with these kids, social workers\u2013understand what\u2019s going on, the more empathic they\u2019ll be with these kids,\u201d he says. \u201cIt\u2019s only through empathy that you can be sustained to do the work necessary to change things.\u201d But it\u2019s a lot easier, he says, to get funding for other kinds of research\u2013his cocaine studies, for example\u2013than for a study on child abuse and neglect or childhood PTSD. \u201cIt makes me real angry, because the number of cocaine babies is dwarfed by the number of kids brought up in these violent, chaotic settings that are a product of poverty. But poverty isn\u2019t a sexy enough issue.\u201d That\u2019s the main reason he\u2019s trying to start the Center for the Study of Childhood Trauma\u2013to organize researchers in this area and pressure federal sources for money. The center, as he envisions it, would also improve communication between the different disciplines that work with abused kids. \u201cThere\u2019s a whole group of people who study sexual abuse\u2013psychologists and social workers who have their own publications and organizations and books about how to treat the kids. But by and large they don\u2019t know much about biological aspects of this problem. And child psychiatrists or developmental neuroscientists who study these problems don\u2019t tend to communicate with the people who do a lot of the frontline work. Many of the people in the legal system don\u2019t know much about the problem either. Yet they\u2019re the ones who decide where a child should be placed and how a child should be treated. \u201cWe have enough information where if we stopped research right now, we could still very drastically change the way we practice,\u201d he says. \u201cBut that information has to be disseminated much more quickly.\u201d Even though he\u2019s leaving for Texas, Perry plans to have the center headquartered in Chicago at Saint Joe\u2019s. He would return to Chicago at least once every two months to consult with the center\u2019s advisory board. Perry spends little time in the lab these days; the experiments he designs are carried out by subordinates. He says he misses seeing the results of an experiment registering in the lab, but not the actual lab work. \u201cQuite honestly, I\u2019m not interested anymore in mixing up buffers or measuring pH, or pipetting stuff into a test tube.\u201d Most of his time is spent reading, speaking to groups, and writing proposals, journal articles, and book chapters. Sometimes he yearns for the days in North Dakota when he had time to sit around and just think. \u201cYou go from this appointment to that appointment. That\u2019s why everybody says, \u2018Oh, all these great thoughts come to me when I\u2019m in the shower.\u2019 That\u2019s the only time you\u2019re by yourself and thinking.\u201d 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 22/23 \u00a9 2025 Chicago Reader Powered by Newspack Last October he ran in the Chicago Marathon for the third straight year, finishing in three hours and 47 minutes. One reason he runs is that it gives him time to be alone and think. He also frequently doesn\u2019t go to bed at all on Thursday nights. After his wife and kids retire, he\u2019ll catch up on some writing and reading, and enjoy the time he has to think about his research. Around dawn he\u2019ll go for a long run, then he\u2019ll shower and head for the office. If he gets sleepy early on Friday and the work he\u2019s doing is boring, he\u2019ll take advantage of the self-hypnosis training he received in medical school. \u201cI\u2019ll put myself into a trance, tell myself, \u2018You\u2019re going to do this work, and you won\u2019t get distracted, and it\u2019s not going to be difficult, and you\u2019re going to enjoy it.\u2019 Then I\u2019ll just sit down and get it done lot of the stuff do\u2013it\u2019s not crap, but you gotta play the right game,\u201d he says. \u201cYou have to publish in the right journals and talk to all the right people just so you can get some leverage so you can do something good. Since can do that, I\u2019m doing it.\u201d He seldom talks about Arlis\u2019s murder. Most of his peers don\u2019t even know about it. \u201cWhen was younger and the subject would come up with people who were getting to know me, it would blow them away. It was such an overwhelming thing that would find it would change our relationship. Then, when decided to get my PhD had friends who thought was doing it because had all these unresolved issues because of what had happened. People would interpret everything did in the context of this event, which was really not fair mean was interested in the effects of stress on development, because of Stewart Levine, a whole year before this stuff happened. \u201cIt was sort of a fluke that got into PTSD,\u201d he says probably would have even if it [the murder] hadn\u2019t happened. The reason I\u2019ve stayed in it probably is not a fluke do think that the reason I\u2019m sustained by this area, and work well clinically in it, is because identify with these people.\u201d Batman is one of Perry\u2019s favorite movies. \u201cThe film is all about PTSD\u2013Batman\u2019s got PTSD,\u201d he says. In the movie young Bruce Wayne sees his parents shot to death by a robber in an alley, and he grows up to be Batman. \u201cKim Basinger asks him why he does his caped-avenger thing,\u201d Perry says. \u201cAnd he tells her, \u2018Because can.'\u201d Art accompanying story in printed newspaper (not available in this archive): photos/Loren Santow. v 3/1/25, 10:15 Child Abuse on the Brain - Chicago Reader 23/23", "7581_104.pdf": "Search Upload Download free for 30 days Login Lecture 10: Child Abuse Oct 12, 2020 \u2022 Download as \u2022 0 likes \u2022 89 views AI-enhanced description International Ministrie Follow The document discusses child abuse, including definitions, prevalence, consequences, risk factors, and types of abuse such as physical, sexual, and\u2026 The document discusses child abuse, including definitions, prevalence, consequences, risk factors, and types of abuse such as physical, sexual, and\u2026 Read more 3/1/25, 10:16 Lecture 10: Child Abuse 1/20 Franklin Templ 3/1/25, 10:16 Lecture 10: Child Abuse 2/20 3/1/25, 10:16 Lecture 10: Child Abuse 3/20 3/1/25, 10:16 Lecture 10: Child Abuse 4/20 3/1/25, 10:16 Lecture 10: Child Abuse 5/20 3/1/25, 10:16 Lecture 10: Child Abuse 6/20 3/1/25, 10:16 Lecture 10: Child Abuse 7/20 3/1/25, 10:16 Lecture 10: Child Abuse 8/20 3/1/25, 10:16 Lecture 10: Child Abuse 9/20 3/1/25, 10:16 Lecture 10: Child Abuse 10/20 More Related Content Similar to Lecture 10: Child Abuse (20 Programme Seminar 18 slides \u2022 1.2K views Information Sharing -\u0000Messages from Serious Case Reviews 105 slides \u2022 1.2K views Child Maltreatment and Child Welfare 31 slides \u2022 397 views Closer Look at Sleep in Middle Childhood 54 slides \u2022 371 views Problems related to abuse and neglect 121 slides \u2022 858 views Wekerle-Ron Joyce Centre Grand Rounds-Boy's and men's health: Child sexual ab... 29 slides \u2022 302 views Module #1 55 slides \u2022 176 views Feham drive introductory 19 slides \u2022 245 views April 3, 2014-Trauma in Young Children Under 4-Years of Age: Attachment, Neur... 78 slides \u2022 7.5K views Mentor ScarletFire.co.uk Mitchell Hortert Human Early Learning Partnership SayantaniMondal3 Christine Wekerle John Gomes Shirin Shafique MFLNFamilyDevelopmnt 3/1/25, 10:16 Lecture 10: Child Abuse 11/20 Child Protection Core Training - English 26 slides \u2022 1.5K views Childhood trauma's impact on the developing brain 44 slides \u2022 5.1K views Child Sexual Abuse as a Mental Health Issue - Tasmin Kurien, SHout Club 17 slides \u2022 77 views Geita District Mwanza Region Northern Tanzania April 2007 Sheldon 44 slides \u2022 2.5K views Child protection training_swym_2007 50 slides \u2022 802 views Parenting support in the context of violence prevention 41 slides \u2022 1.1K views \"Keeping Our Girls Safe\" 41 slides \u2022 1.3K views POCSO.pptx 83 slides \u2022 72 views Adolescent health 45 slides \u2022 87.5K views Sacred Heart Geelong Girls talk 43 slides \u2022 336 views Len 5 joint presentation 22 slides \u2022 768 views CommunicationsTeam Children\u2019s Trust of South Carolina TasminKurien Jeffrey Andrew Sheldon, M.A., Ed.M. 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Lewis \u2605\u2605\u2605\u2606\u2606 3 / 5 Ebook Raising Th Ready: Pra Jonathan Ca \u2606\u2606\u2606\u2606\u2606 0 / 5 Audiobook The New Dare to Discipline James C. Dobson \u2605\u2605\u2605\u2605\u2606 4 / 5 Audiobook Through the Eyes of a Fost\u2026 Daryl Brougham \u2605\u2605\u2605\u2605\u2606 4 / 5 Audiobook Reset Your Child's Brain: \u2026 Victoria L. Dunckl\u2026 \u2605\u2605\u2605\u2605\u2606 4 / 5 Audiobook Making Children Min\u2026 Dr. Kevin Leman \u2605\u2605\u2605\u2605\u2606 4 / 5 Audiobook Chicken Little the Sky Isn't\u2026 Erica Komisar, LC\u2026 \u2605\u2605\u2605\u2606\u2606 3 / 5 Audiobook 1-2-3 Pare with Heart Chris Webb \u2605\u2605\u2605\u2605\u2605 5 / 5 Lecture 10: Child Abuse 2 \u2022 Jeremiah 1:4-8 Samuel 1:27-28 \u2022 Amos 5:24 \u2022 Micah 6:6-8 \u2022 Matthew 18:5 \u2022 Ecclesiastes 4:9-12 \u2022 Luke 2:22ff 3. Jeremiah 1:4-8 4 The word of the came to me, saying, 5 \"Before formed you in the womb knew [a] you, before you were born set you apart appointed you as a prophet to the nations.\" 6 \"Ah, Sovereign said do not know how to speak am only a child.\" 7 But the said to me, \"Do not say am only a child.' You must go to everyone send you to and say whatever command you. 8 Do not be afraid of them, for am with you and will rescue you,\" declares the LORD. 4. 1 Samuel 1:27-28 27 prayed for this child, and the has granted me what asked of him. 28 So now give him to the LORD. For his whole life he will be given over to the LORD.\" And he worshiped the there. 5. Amos 5:2424 But let justice roll on like a river, righteousness like a never-failing stream! 6 With what shall come before the and bow down before the exalted God? Shall come before him with burnt offerings, with calves a year old? 7 Will the be pleased with thousands of rams, with ten thousand rivers of oil? Shall offer my firstborn for my transgression, the fruit of my body for the sin of my soul? 8 He has showed you man, what is good. And what does the require of you? To act justly and to love mercy and to walk humbly with your God. Micah 6:6-8 6. Matthew 18:5 5 And whoever welcomes a little child like this in my name welcomes me. 7. Ecclesiastes 4:9-12 9 Two are better than one, because they have a good return for their work: 10 If one falls down, his friend can help him up. But pity the man who falls and has no one to help him up! 11 Also, if two lie down together, they will keep warm. But how can one keep warm alone? 12 Though one may be overpowered, two can defend themselves cord of three strands is not quickly broken. 8. Luke 2:22 22 When the time of their purification according to the Law of Moses had been completed, Joseph and Mary took him to Jerusalem to present him to the Lord 9 10. Numbers 15 13) \u2022 1 child every 10 seconds is abused \u2022 1 out of 6 boys and 1 out of 3 girls will be sexually assaulted before the age of 18. \u2022 Half of reported sexual misconduct at worship centers is perpetrated by volunteers Can you wrap your mind around these numbers? 11 IS\u2026 Child abuse is generally categorized into five major forms: 1. Physical Abuse 2. Emotional Abuse 3. Neglect 4. Sexual Abuse 5. Ritual Abuse 12. Abuse is Costly \u2022 Victims? \u2022 Financial? \u2022 Ministry? 13 14. The New Reality 1. Many cases of abuse 2. The church is not exempt 3. There are many costs 3/1/25, 10:16 Lecture 10: Child Abuse 18/20 About Support Terms Privacy Copyright Cookie Preferences Do not sell or share my personal information English 15 VICTIMS? 16. Local Church Response 17. Cyber Safety 18. Safe Practices for Emerging Technology \u2022 Internet security in the workplace. \u2013 Computer Visibility \u2013 Firewall Protection/Filters \u2013 Passwords \u2022 Cyber Safety For Families 19. Safe Practices for Emerging Technology \u2022 Online Social Networking \u2013 MySpace, Facebook, Xanga, Friendster, Virb, MyYearbook, etc. \u2013 Policy for appropriate conduct/boundaries between volunteers and students -- Training for parents and students 20. Safe Practices for Emerging Technology \u2022 Cell Phone Policies \u2013 Picture/Video Capabilities \u2013 Picture Messaging 21. Best Practices Mentoring Students 1. On Campus and/or Off Campus two-adult rule appropriate adult/student boundaries 2. Parental Notification online communication between adults/students guidelines 22. \u2022 Childhood should be a care-free time filled with love, and the joy of discovering new things and experiences. \u2022 However, it is a dream for many children. \u2022 Child abuse and neglect is an increasing social problem. \u2022 The effects of child abuse and neglect are not limited to childhood but cascade throughout life, with significant consequences for victims (on all aspects of human functioning), their families, and society. 23. \u2022 Child abuse : words or overt actions that cause harm, potential harm, or threat of harm to a child. \u2022 Child neglect can be conceptualized in a broad sense as harmful acts of omission or the failure to provide for a child's basic physical, emotional, or educational needs or to protect a child from harm or potential harm. 24 \u2022 Child abuse, as defined by Gill (1968) \u201cnonaccidental physical injury, minimal or fatal, inflicted upon children by persons caring for them.\u201d 25 \u2022 2006 dept of Health and Human Services: \u2013 65% of child maltreatment encompasses neglect \u2013 16% involves physical abuse \u2013 9% involves sexual abuse \u2013 7% involves emotional abuse \u2013 >2% involves medical neglect \u2022 Average age of identification of maltreatment victims: 7.4 years \u2022 Infants -2 years : Most often victims of child neglect 26 \u2022 India has largest number of children in the world (375 million), nearly 40% of its population. \u2022 69% of Indian children are victims of physical, emotional, or sexual abuse. \u2022 New Delhi, has an over 83% abuse rate. \u2022 89% of the crimes are committed by family members. \u2022 Boys face more abuse (>72%) than girls (65%). \u2022 More than 70% of cases go unreported and unshared even with parents/ family. 27 Summary report of \u2018Workshop on International Epidemiological Studies\u2019 : XIXth International Congress on Child Abuse and Neglect, Sept 2012 \u2022 25-50% of children around the world suffer from physical abuse. \u2022 5-10% of boys and 20% of girls experience sexual abuse. 28 \u201cSensitive period\u201d is a broad term that can apply to the effects of extraordinarily strong experiences on the brain during a limited period in development. Critical periods are a special set of sensitive periods that result in irreversible changes in brain function. 29 \u2022 All aspects of development are affected including brain, cognitive, and social development. \u2022 Characteristics of a child\u2019s exposure to abuse or neglect\u2014including timing, chronicity, severity, and type of abuse\u2014influence the risk for problematic outcomes 30 \u2022 Psychiatric problems: Mood and anxiety disorders, Unipolar depression, bipolar disorder, panic attacks, phobias and post- traumatic stress disorder. (Agid et al 1999, Famulrao et al 1992, Heim and Nemeroff 2001, Hill 2003, Kendler et al 2000). \u2022 Increased risk of schizophrenia, reactive attachment disorder, eating disorders and personality disorders. (Ackard and Neumark-Sztainer 2003, Agid et al 1999, Felitte et al 1998, Saunders et al 1992, Zeanah et al 2004) \u2022 Link between child abuse and later substance abuse : Briere and Wow 1991, Burnam et al 1988, Kendler et al 2000) \u2022 Childhood trauma: increases the risk for later suicide attempts. 31 \u2022 Seymour Levine : manipulation of neonatal rate, such as handling or mild shock, permanently alters behaviour as well as corticosteroid responsiveness to later stressors. (Levine 1967) \u2022 Early life stress produces effects on developing brain, leading to adult phenotype with vulnerability to stress, depression and anxiety. \u2022 Cause: long term disturbance of hypothalamic-pituitary axis. (Heim et al 2000, Newport et al 2001.) 32 \u2022 Maercker et al. (2004) found that age of traumatization predicted risk for depression versus in young women study by Andersen et al. (2008) was the first to provide evidence for differential effects of early trauma on regional brain volumes in 26 young adult women aged 18\u201322 years as a function of timing of sexual abuse. \u2022 Hippocampal volume was reduced in association with childhood sexual abuse experienced at ages 3\u20135 years and ages 11\u201313 years, and frontal cortex was attenuated in subjects with childhood sexual abuse at ages 14\u201316 years. 33 \u2022 First documented and reported case of occurred in 1874 with a child named, Mary Ellen. \u2022 Late 19th century: \u2018House of Refuge\u2019 movement (safe place for abandoned children) \u2022 1870s: New York society for Prevention of Cruelty to Children established to work in coherence with \u201cHouse of Refuge\u201d \u2022 1946: Medical discovery of child abuse was documented by Caffey on observing children with multiple bone fractures and children with trauma unsubstantiated by parents. \u2022 1962: Term \u2018Battered child syndrome\u2019 by Henry Kempe \u2022 1972: Kempe founded \u2018Kempe Centre\u2019 \u2022 1974: Child Abuse Prevention and Treatment Act \u2022 1978: Mclain: coined CAN: Child abuse and neglect 34 35 \u2022 Violence, \u2022 Poverty, \u2022 Parental history of abuse, \u2022 Socially isolated, \u2022 Low self esteem, \u2022 Less adequate maternal functioning. 36 \u2022 Unwanted or unplanned child \u2022 No. of children in the family, \u2022 Child's temperament, \u2022 Position in the family, \u2022 Additional physical needs if ill or disabled, \u2022 Activity level or degree of sensitivity to parental needs. 37 \u2022 Chronic stress, \u2022 Problem of divorce, \u2022 Poverty, \u2022 Unemployment, \u2022 Poor housing, \u2022 Frequent relocation, \u2022 Alcoholism, \u2022 Drug addiction. 38 \u2022 Physical abuse \u2013 Shaken Baby Syndrome \u2013 Munchausen syndrome of proxy \u2022 Sexual abuse \u2022 Emotional abuse \u2022 Child Neglect 40 41. \u2022 Most easily recognizable form of maltreatment. \u2022 Battered child syndrome: \u2013 Initially described by Dr Henry Kempe and colleagues in 1962 \u2013 Elaborated further by Kempe and Helfer in 1972 \u2013 Clinical picture of physical trauma in which the explanation of injury was not consistent with the severity and type of injury observed 42 \u2022 Often, the abuse stems from an angry response of caretaker to punish the child for misbehaviour. \u2022 Most commonly recognized by clinical findings, but history is a helpful tool when child reports with non-descriptive findings. \u2022 Identifying factors elucidated in history and clinical examination. 43 \u2022 Correct questions to be asked. \u2022 Eyewitness history: \u2013 Child states that injury is caused by parent. \u2013 Parent accepts that one of the many injuries is caused by him but not all. \u2013 One parent accuses the other about the injury. \u2022 Unexplained injury \u2013 Denial \u2013 Vague explanation \u2013 No explanation \u2013 Inconsistent explanation \u2013 Alleged self-inflicted injury \u2022 Delay in seeking medical care 44 Download 3/1/25, 10:16 Lecture 10: Child Abuse 19/20 \u00a9 2025 SlideShare from Scribd 3/1/25, 10:16 Lecture 10: Child Abuse 20/20"} |
7,260 | Barry Singer | California State University - Long Beach | [
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] | {"7260_101.pdf": "3, 1982 Sex professor resigns post BEACH, Calif college professor suspended for dating students and offering course credit for homosexual and extramarital sex abruptly resigned his teaching post, university officials said Thursday. Professor Barry Singer, 39, sent a postcard informing Cal State Long Beach officials of his resignation last Friday, two days after he was suspended for 30 days without pay University spokesman Dr. Robert Breunig said officials received the written notice Wednesday, followed by a letter of confirmation, and immediately accepted the resignation. 'He did not indicate at all why he resigned,' Breunig said. Singer, a tenured psychology professor, came under fire from Christian groups and university officials last month after it was reported that he offered credit in his 'Psychology of Sex' course for homosexual, group and extramarital sex. \uf09a \uf02f \uf003 2/27/25, 7:36 Sex professor resigns post Archives 1/6 Chancellor Glenn Dumke, head of the 19-campus Cal State system, recommended last Wednesday that Singer be suspended for his 'reprehensible' behavior after the professor disclosed he had dated several students. Singer, who could not be reached for comment, said last week he was surprised by the public outcry over his teaching methods and said he had received several death threats. 'I've pretty much sunk to the basement level,' he said. 'I've got 40 million people out there who are ready to kill me. Some of my colleagues are put out with me, and campus administrators are upset too After his course came under scrutiny by a faculty review committee, Singer agreed to drop credit for the sexual activities, but still gave credit for field trips to gay bars, dressing in drag and visiting nudist colonies. 'It can be a very powerful growth and learning experience,' Singer said of the homework assignments. 'The idea is not to go out and do some kinky things just to see what they're like, but to see change in your behavior and your feelings.' In a series of subsequent interviews, Singer revealed that he attended risque student parties where nudity and sex occurred and had been 'romantically involved' with several students. He also released a letter he wrote two years ago outlining the benefits of intimate relations with students, noting it gave the professor experience that could improve his teaching. Breunig said Singer made an appointment to meet this week with the vice president for academic affairs, but failed to show for the meeting. 2/27/25, 7:36 Sex professor resigns post Archives 2/6 He said the university had received about 60 letters and telephone calls from people describing themselves as taxpayers and citizens who were outraged by Singer's teaching methods. The 'Psychology of Sex' class, which Singer taught for 8 years, will be offered next year under stricter guidelines, Breunig said 'Dr. Glendon Drake, vice president for academic affairs, has directed the Department of Psychology to establish guidelines for this course, consistent with those established by the American Psychological Association's ethical principals for psychologists,' Breunig said. Singer, who earned between $30,276 and $36,540 as a tenured professor, will be eligible for retirement benefits. Odd News // 4 hours ago N.J. dog chases goose out onto thin ice, falls through Feb. 27 New Jersey police officer came to the rescue of a dog that chased a goose out onto a frozen lake and fell through the thin ice. Odd News // 4 hours ago Mass. police determine reported bear was most likely raccoon Feb. 27 Massachusetts police department said a reported bear sighting in the city was most likely something else entirely: a raccoon. Latest Headlines 2/27/25, 7:36 Sex professor resigns post Archives 3/6 Odd News // 4 hours ago Michigan dad gets $1.1 million lottery ticket as a birthday gift Feb. 27 Michigan man bought his father a lottery ticket as a birthday gift and it turned out to be a $1.1 million winner. Odd News // 6 hours ago Single strawberry raises controversy over $19 price tag Feb. 27 piece of pricey produce is causing controversy on social media after an influencer posted a TikTok video where she taste-tested a single strawberry with a $19 price tag. Odd News // 8 hours ago Dog rescued from deep well underneath Texas house Feb. 27 (UPI) -- Animal rescuers in Texas shared the \"rescue story of a lifetime,\" which involved firefighters, a dog and a deep well under a house. Odd News // 8 hours ago Road construction crew helps wrangle loose cow on Las Vegas highway Feb. 27 Nevada Department of Transportation road construction crew became amateur cowboys for a day after a runaway bovine found its way onto a Las Vegas highway. Odd News // 1 day ago Critically endangered eastern bongo born at Florida zoo Feb. 26 Florida zoo announced the birth of an eastern bongo, a critically endangered antelope native to sub-Saharan Africa. Odd News // 1 day ago Ontario couple collect big lottery prize for the second time Feb. 26 (UPI) -- An Ontario couple collected a nearly $70,000 lottery prize 12 years after they won the same amount from a different lottery game. 2/27/25, 7:36 Sex professor resigns post Archives 4/6 Odd News // 1 day ago Truck hauling load of curly fries catches fire on Maine highway Feb. 26 (UPI) -- No one was injured, but many potatoes were lost, when a tractor-trailer hauling a load of curly fries caught fire on a Maine highway. Odd News // 1 day ago 27-year-old llama certified as oldest in the world Feb. 26 North Carolina llama was officially declared the oldest in the world at the age of 27 years and 250 days old Gene Hackman, wife Betsy Arakawa, found dead at Santa Fe home College basketball: Michigan State stuns Maryland with 65-foot buzzer-beater 'American Idol' hopeful sings original song about slain teen Tate brothers arrive in Florida after being allowed to leave Romania Trump says Canada, Mexico tariffs will take effect March 4 tariffs coming soon Trending Stories 2/27/25, 7:36 Sex professor resigns post Archives 5/6 About Contact Corrections Advertisements Copyright \u00a9 2025 United Press International, Inc. All Rights Reserved. Terms of Use Privacy Policy Follow Us 2/27/25, 7:36 Sex professor resigns post Archives 6/6", "7260_102.pdf": "his-sex-course-resigns.html June 5, 1982 See the article in its original context from June 5, 1982, Section 1, Page 15 Buy Reprints New York Times subscribers* enjoy full access to TimesMachine\u2014view over 150 years of New York Times journalism, as it originally appeared *Does not include Crossword-only or Cooking-only subscribers. About the Archive This is a digitized version of an article from The Times\u2019s print archive, before the start of online publication in 1996. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. Coast Professor, Suspended Over His Sex Course, Resigns 3/1/25, 10:11 Coast Professor, Suspended Over His Sex Course, Resigns - The New York Times 1/2 professor who gave course credit for homosexual and extramarital sex and admitted being ''romantically involved'' with students has resigned without explanation, a university spokesman says. Prof. Barry Singer, 39 years old, informed officials at California State University, Long Beach, of his resignation May 28, two days after he was suspended pending a university investigation of his ''Psychology of Sex'' course. Dr. June Cooper, vice president for university affairs, said Thursday that she received a postcard from Professor Singer postmarked May 28, and later received a letter confirming the resignation. ''He gave no reason,'' Dr. Cooper said. Professor Singer was suspended last week for 30 days with pay after disclosures of the way that he conducted his course, and that he dated several students version of this article appears in print on , Section 1, Page 15 of the National edition with the headline: Coast Professor, Suspended Over His Sex Course, Resigns 3/1/25, 10:11 Coast Professor, Suspended Over His Sex Course, Resigns - The New York Times 2/2", "7260_103.pdf": "9, 1983 Controversial sex professor Barry Singer, who resigned his Cal -- Controversial sex professor Barry Singer, who resigned his Cal State Long Beach teaching post following disclosures he gave college credit for extramarital sex, sued university officials for unspecified damages. Singer's Superior Court suit Friday against the California University System's Board of Trustees takes exception to the school's refusal to rehire the professor who had taught a 'Psychology of Sex' course portion of the suit requesting a court order reinstating Singer to his position had been crossed out, and neither Singer nor his attorney, Dean Hyatt, were available for comment. The suit seeks dollar damages to be determined at trial. Singer, 40, had taught the course for eight years which offered credit for homosexual, group and extramarital sexual encounters, and which featured field trips to gay bars and dressing in drag. \uf09a \uf02f \uf003 3/1/25, 10:11 Controversial sex professor Barry Singer, who resigned his Cal Archives 1/5 faculty committee began a review of the course after several Christian groups complained and university officials suspended Singer for 30 days with pay in May 1982 when he disclosed he had been 'romantically involved' with several students. Shortly after his suspension, Singer offered his resignation which university officials accepted. Odd News // 18 hours ago Japanese park covering just 2 1/2 square feet is officially world's smallest Feb. 28 park in Nagaizumi, Japan, has been officially named the worl's smallest park, covering an area of just 2 1/2 square feet. Odd News // 19 hours ago Advice from friend's uncle leads man to $100,000 lottery prize Feb. 28 Maryland man took some advice from a friend's uncle and ended up winning a $100,000 lottery prize. Odd News // 22 hours ago Police round up loose iguana in Connecticut Feb. 28 (UPI) -- Police and animal control officers in Connecticut were able to reunite a resident with a highly unusual escaped pet: an iguana. Odd News // 23 hours ago Deputy wrangles loose kangaroo in Texas Feb. 28 (UPI) -- Authorities in Texas said a deputy was called out to wrangle a kangaroo seen hopping loose while wearing a red jacket. Odd News // 1 day ago N.J. dog chases goose out onto thin ice, falls through Feb. 27 New Jersey police officer came to the rescue of a dog that chased a goose out onto a frozen lake and fell through the thin ice. Latest Headlines 3/1/25, 10:11 Controversial sex professor Barry Singer, who resigned his Cal Archives 2/5 Odd News // 1 day ago Mass. police determine reported bear was most likely raccoon Feb. 27 Massachusetts police department said a reported bear sighting in the city was most likely something else entirely: a raccoon. Odd News // 1 day ago Michigan dad gets $1.1 million lottery ticket as a birthday gift Feb. 27 Michigan man bought his father a lottery ticket as a birthday gift and it turned out to be a $1.1 million winner. 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Odd News // 1 day ago Road construction crew helps wrangle loose cow on Las Vegas highway Feb. 27 Nevada Department of Transportation road construction crew became amateur cowboys for a day after a runaway bovine found its way onto a Las Vegas highway Trending Stories 3/1/25, 10:11 Controversial sex professor Barry Singer, who resigned his Cal Archives 3/5 \uf082 \uf081 \uf16d \uf08c \uf0d3 Pope Francis resting day after suffering sudden respiratory episode, placed on ventilator Measles cases in western Texas rise to 146, possibly spreading to other areas Longmire Days 2025 set for July 17-20 in Wyoming Gene Hackman, wife test negative for carbon monoxide, N.M. officials say Famous birthdays for March 1: Mark Paul Gosselaar, Roger Daltrey Follow Us 3/1/25, 10:11 Controversial sex professor Barry Singer, who resigned his Cal Archives 4/5 About Contact Corrections Advertisements Copyright \u00a9 2025 United Press International, Inc. All Rights Reserved. Terms of Use Privacy Policy 3/1/25, 10:11 Controversial sex professor Barry Singer, who resigned his Cal Archives 5/5", "7260_104.pdf": "\ue901\ue900\ue907\ue905 October 2019 Issue [Report] Secrets and Lies Adjust \ue90f \ue90e Share \ue900 \ue901 \ue904 Sexual abuse in the world of Orthodox Judaism by Linda Stasi n 1973, when Barry Singer was a fifteen-year-old student at New York\u2019s Yeshiva University High School for Boys, the vice principal, Rabbi George Finkelstein, stopped him in a stairwell. Claiming he wanted to check his tzitzit\u2014the strings attached to Singer\u2019s prayer shawl\u2014Finkelstein, Singer says, pushed the boy over the third-floor banister, in full view of his classmates, and reached down his pants. \u201cIf he\u2019s not wearing tzitzit,\u201d Finkelstein told the surrounding children, \u201che\u2019s going over the stairs!\u201d \u201cHe played it as a joke, but was completely at his mercy,\u201d Singer recalled. For the rest of his time at Yeshiva, Singer would often wear his tzitzit on the outside of his shirt\u2014though this was regarded as rebellious\u2014for fear that Finkelstein might find an excuse to assault him again You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 1/8 Photograph by Sarah Teller Jay Goldberg, who attended Yeshiva from 1980 to 1984, says that he endured years of sexual, emotional, and physical abuse from Finkelstein. The rabbi, he said, forced him and others to wrestle with him while he became sexually aroused, and demanded that they hit him repeatedly. Neither Goldberg nor Singer ever reported Finkelstein\u2019s behavior to the school; when one student, identified in a future lawsuit as John Doe 14, finally did, in 1986, Finkelstein allegedly pulled him out of class in a rage, shoved him against a wall, punched him, and threatened him with expulsion. The school took no action during those years other than removing Finkelstein\u2019s office door. In 1991, he was promoted to principal. During those same decades, another Yeshiva rabbi, Macy Gordon, was also reportedly sexually abusing students. One accuser, identified in the lawsuit as John Doe 2, claims that Gordon sodomized him in his dorm room in 1980. The rabbi \u201csaid he was going to punish me for missing class,\u201d the accuser told me. \u201cHe laid me across his lap and took my toothbrush and plowed it in and out of my rectum, and it burned remember it burned for a very long time after can\u2019t go back in time and tell you what was thinking, but can only tell you that it lasts forever.\u201d He told me that Gordon also sprayed Chloraseptic on his genitals, remarking that he showed \u201csigns,\u201d by which Gordon meant signs of puberty. Later that year, John Doe 2 tried to kill himself. In total, Finkelstein and Gordon are suspected of hundreds of acts of sexual abuse at Yeshiva, though they never faced any legal repercussions. Finkelstein was discreetly forced out of Yeshiva in 1995 but quickly found work as the dean of a Jewish day school in Florida and later as the director general of the Great Synagogue in Jerusalem, although allegations of abuse followed him to each of these new positions. You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 2/8 Gordon, for his part, enjoyed a thirty-plus-year career at Yeshiva. He also eventually moved to Jerusalem, where, according to the New York Times, he served alongside Finkelstein on the advisory board of the National Council of Young Israel, an organization promoting Orthodox Judaism to liberal American Jews. (The current president of the organization claims that neither rabbi had been involved with the group \u201cto my knowledge.\u201d) In 2002, Dr. Jonathan Zizmor\u2014a celebrity dermatologist whose advertisements were a staple of New York City subway cars for decades\u2014set up a $250,000 scholarship fund in Gordon\u2019s name for future generations of Yeshiva students. (Zizmor claims he knew nothing of the abuse at the time, and when allegations surfaced, he maintained that Gordon was \u201ca great teacher, a great man.\u201d) In 2013, thirty-four of Finkelstein\u2019s and Gordon\u2019s victims\u2014including Singer, Goldberg, John Doe 14, and John Doe 2\u2014 filed a $680 million lawsuit against Yeshiva, alleging that sexual misconduct occurred for decades with the knowledge of the administration and without recourse for victims or punishment for the perpetrators. But by the time the suit was filed, the statute of limitations had expired, and the case was dismissed. This past February, however, the governor of New York, Andrew Cuomo, signed the Child Victims Act (C.V.A.), which modifies the state\u2019s statute of limitations such that many cases previously dismissed because of the length of time since the alleged crime can now be relitigated. As of this writing, attorneys for the former Yeshiva students\u2014now numbering forty-one\u2014planned to refile the lawsuit with new evidence on August 14, the day the law was scheduled to go into effect. Their hope, one of the attorneys, Michael Dowd, told me, is for Yeshiva to \u201cfinally be held accountable for their craven, repugnant, and unconscionable behavior in letting known sexual predators have unfettered access to scores of innocent and unsuspecting boys.\u201d But even if they succeed, it\u2019s far from certain whether the C.V.A. will be able to fundamentally change the culture of secrets and lies that has given rise to scandals such as the one at Yeshiva in the first place. tories of abusive Catholic priests are commonplace, but a similar, less publicly familiar crisis has also been unfolding in certain Orthodox Jewish communities\u2014particularly in New York\u2014over the past several decades. Like their Catholic counterparts, rabbis accused of sexually assaulting minors or shielding other predators have been protected and transferred in order to save the reputations and financial well-being of the religious institutions they serve. Some of these institutions, such as Yeshiva, are aligned with the mainstream of Orthodox Judaism, while others are affiliated with ultra-Orthodox, or Haredi, traditions. Given the insularity and secrecy that characterize Haredi life, there are few reliable statistics about just how prevalent the problem is. Ben Hirsch, the cofounder of Survivors for Justice, an organization that advocates for victims of sexual abuse in Orthodox communities, suggested that the rate of abuse could exceed 50 percent for boys within Hasidic enclaves. (Hasidism is a movement within Haredi Judaism particularly common in New York.) Across Orthodox Judaism as a whole, a 2018 study by Harvard psychologist David H. Rosmarin found that among formerly Orthodox individuals, rates of abuse were nearly twice the national estimate for both boys and girls. Getting the full scope of the problem, particularly among the ultra-Orthodox, is close to impossible. Part of the reason for the lack of dependable data is the concept of mesirah\u2014a violation of rabbinical law in which one Jew reports another for a crime to nonreligious, civil authorities. The roots of mesirah go back to the days of ancient Roman rule, but the prohibition was especially prominent during the Middle Ages, when Jews were being hunted and persecuted by anti- Semitic gentile authorities in Europe and parts of the Middle East. Today, the notion of mesirah persists within ultra-Orthodox sects and has been used to frighten victims of sexual assault, as well as their families, into remaining silent. One victim, who chose to remain anonymous, described to me being sexually assaulted at the age of nine by a seventeen-year-old named Stefan Colmer in the New Jersey home of Rabbi Yosef Carlebach, the chaplain of several medical centers and the New Jersey State Police, and the executive director of Rutgers Chabad House. The rabbi\u2019s son walked in on the incident and reported it to his father, but Carlebach refused to contact the police and instead pressured the victim\u2019s family into keeping quiet about it would have been his last victim,\u201d he told me of Colmer, who has since been convicted of sexually abusing two thirteen-year-old boys spokesperson for Rabbi Carlebach told me that \u201cin hindsight, Rabbi Carlebach believes he might have handled the situation differently. But this was twenty-six years ago. Everyone did what they thought was right at the time.\u201d) When abuse is actually reported to internal religious institutions, the allegations are frequently dismissed out of hand. According to one Hasidic rabbi spoke with, \u201cThe attitude is, \u2018minors before bar mitzvah are considered not trustworthy, so why should we believe them?\u2019 \u201d Other times, making an accusation of sexual assault can result in You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 3/8 ostracism by the community, even financial ruin. \u201cThe schools in the ultra-Orthodox world have connections to each other,\u201d Hirsch explained. \u201cStudents can\u2019t go from one school to another without clearances from previous schools. If the school bad-mouths a student, they will not be accepted\u2014no high school, no higher education.\u201d Not only can accusers be denied the opportunity to make a living, they can be prevented from establishing their own family. \u201cThe first threat is always marriage,\u201d said Hirsch. \u201cThe schools have tremendous power, so in a community where arranged marriages are the norm, the threat that \u2018you are not going to ever get married if you open your mouth\u2019 is very intimidating.\u201d Compounding these problems is the fact that many young people are unaware that they\u2019re being sexually abused in the first place. Particularly among the ultra-Orthodox, children and teenagers are kept isolated from the opposite sex and are denied access to popular culture\u2014TV, internet, radio\u2014through which other American kids often begin to learn about sex. \u201cIt\u2019s designed to keep them apart,\u201d one advocate told me. \u201cThey are worried about all outside information filtering in tell you, it\u2019s North Korea!\u201d There is no formal sex education in ultra-Orthodox schools, and even when one is old enough to meet a potential spouse\u2014chosen by a matchmaker\u2014physical contact is forbidden, and all encounters take place in a rigidly controlled environment, usually in the company of the woman\u2019s family. When one\u2019s sexual education begins at marriage, can one reasonably be expected to identify sexually abusive behavior as a child? In the rare cases in which victims are both able to recognize abuse and willing to brave the ire of the community by committing mesirah, they often find themselves stonewalled by the legal system. In New York, politically ambitious prosecutors fear alienating the Orthodox voting bloc\u2014some 493,000 people in the New York metro area. The result is that the vast majority of cases never go to trial because they are never reported, and when they are, charges are often not filed. As one former detective told Newsday, \u201cIn Brooklyn, it almost seemed like there were two penal codes, one for the Hasidic community and one for everyone else.\u201d In most instances, the accusers end up deprived of justice, doomed to suffer the punishments meted out by their community. ith so little recourse, some members of New York\u2019s Orthodox communities have taken it upon themselves to catalogue and warn others about rabbis suspected of abusive behavior, despite the potential repercussions. Thirty-year-old Meyer Seewald is the founder of Jewish Community Watch (J.C.W.), a global advocacy organization whose website features a \u201cWall of Shame\u201d listing names of those in the Jewish community whom J.C.W. has, through independent investigations, determined to be abusers. Seewald told me he has personally confronted over one hundred child molesters, many of whom openly confessed to him. J.C.W. is now his full-time job, and, in addition to its New York office, the organization has staff in California, Florida, and Israel, along with a global team of volunteers. The J.C.W. website claims that it has never wrongfully exposed anyone. (The one individual who threatened to sue over the release of information about his conviction in Israel was added to the New York State sex-offender registry a few months ago.) Seewald was motivated to create the organization after discovering that Rabbi Moshe Keller, the father of Seewald\u2019s deceased best friend, was rumored to be a pedophile got a call from a teenager who said he\u2019d been molested by Keller,\u201d said Seewald. \u201cEven though he was like a father to me started investigating him.\u201d After asking a number of his childhood friends about Keller, Seewald started hearing repeated stories about molestation. He eventually found out that Keller had been accused of sexually abusing children since his days in Israel, two decades earlier, though not a single Israeli rabbi had informed anyone in New York of the allegations when Keller relocated. In 2011, Keller was arrested in Brooklyn for sexually assaulting a teenage boy and was charged with \u201charassment,\u201d \u201cacting in a manner to injure a child under seventeen,\u201d and \u201cattempted sexual assault.\u201d His ultimate sentence: three years of probation. Another well-known outlet for reporting abusers is a hotline and blog run by the sixty-nine-year-old Brooklyn rabbi Nuchem Rosenberg, which posts videos and photos with accusations against alleged ultra-Orthodox predators. The homepage warns, \u201cThis Blog is here for a purpose\u2014to fight pedophilia and znus [lechery], not for snide remarks, filthy comments or threats.\u201d Rosenberg launched the hotline in 1998 after children told him that they were being abused in the mikvahs (ritual baths). Members of the community began opening up to him, admitting that they too had been assaulted, and alleging that, in many cases, their rabbis had been paid off by their abusers. Rosenberg\u2014who was once quoted in a Vice article describing the sexual-abuse problem in the community as a \u201cchild-rape assembly line\u201d\u2014has faced harsh retribution for his efforts. He was beaten up and shunned by fellow members of his ultra-Orthodox Satmar sect. In 2014, a fishmonger named Meilech Schnitzler threw bleach into his face in South 1 You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 4/8 Williamsburg, Brooklyn shopkeeper was able to pour water into Rosenberg\u2019s eyes, likely saving his vision, according to the doctor who treated him for burns at the hospital. The police concluded that Schnitzler\u2019s attack had been motivated by the fact that his father had been named as a sexual predator on Rosenberg\u2019s site. \u201cThey have threatened me many times,\u201d Rosenberg told me. \u201cThey told all the small children to run after me and spit at me, and had cars pretend they were running me over. They said, \u2018If you don\u2019t close your hotline, I\u2019ll shoot if you walk on the Williamsburg Bridge!\u2019 The U.S. government should know how much hate crime goes on in these communities. They picked me up and threw me out of the shul like a piece of dirt. Then they had posters about five-foot high\u2014pictures of me\u2014how they should chop off my head.\u201d Schnitzler, who\u2019d faced multiple charges for the attack on Rosenberg, was allowed to plead guilty to a single count of assault. He received no jail time and just five years of probation. Like Finkelstein and Gordon, many Orthodox and ultra-Orthodox men\u2014including rabbis\u2014who have been outed as abusers by activists have evaded the U.S. legal system by fleeing to Israel. Under the 1950 Law of Return, Jews across the world are able to apply for Israeli residency and citizenship. Once in Israel, abusers enjoy significant protections\u2014some Israeli cell phones, for instance, are programmed to block calls going to centers for sexual-abuse survivors lawsuit under way in Israel claims that the telecom companies agreed to this at the behest of a committee of rabbis, in exchange for its business.) Seewald\u2019s Jewish Community Watch estimates that at least sixty-five Jews suspected or convicted of sexual abuse\u2014the vast majority of them Orthodox or ultra-Orthodox\u2014have relocated to Israel in the past decade. \u201cAs in many other close-knit religious communities,\u201d said Shana Aaronson, chief operating officer of J.C.W., \u201cabusers have often taken to moving from one community to the next when things start heating up for them.\u201d Beyond Israel, J.C.W. has tracked some thirty other abusers moving between nations such as the United Kingdom, the United States, and Australia, to say nothing of those moving between different towns and cities within those countries. \u201cAs long as members of the community refuse to actively warn the community of the impending move and danger,\u201d Aaronson told me, \u201cthe abuser will be accepted with few questions asked and sometimes even be given a position working with children.\u201d hen the 2013 lawsuit against Yeshiva was filed, the law stipulated that, in most cases, criminal charges and civil complaints could be brought only before the victims turned twenty-three. (Complaints made against institutions rather than individuals could be filed only if the victims were under twenty-one.) Nevertheless, the Yeshiva plaintiffs went ahead with the suit under the argument that the statute of limitations period shouldn\u2019t have begun until 2012, when an expos\u00e9 in the Jewish-American Forward first detailed Yeshiva\u2019s knowledge of, and indifference to, the sexual abuse allegedly committed by Finkelstein and Gordon. The court saw it differently, ruling that the victims\u2019 own knowledge of Yeshiva\u2019s conduct set the statutory clock ticking decades earlier. Under the new C.V.A., however, all victims are given a one-year \u201clook-back window\u201d\u2014no matter when the abuse occurred\u2014to file a civil suit. Moreover, most victims can now file a criminal complaint until they\u2019re twenty-eight, anyone under the age of twenty-two when the bill went into effect can sue until age fifty-five, and anyone who was sexually abused at any time in his or her life can file a suit within a year of the law\u2019s enactment. Past efforts to pass such a bill, tirelessly led by the former Democratic Assemblywoman Margaret M. Markey of Queens, had been knocked down for years by the then Republican-led New York State Senate. Time and time again, the legislature caved to various interests for whom the C.V.A. would signal a significant financial burden\u2014the Catholic Church, the Boy Scouts of America, and the Orthodox community, among others. (One report by a group of lawyers estimated that the Catholic Church has spent over $10 million fighting such bills nationwide since 2011.) Both Hirsch and Seewald blame Agudath Israel of America, an organization that advocates for Jewish religious and civil rights, and which opposed the law out of a concern that it might \u201cjeopardize the ongoing viability\u201d of yeshivas, summer camps, and synagogue youth programs. With Democrats winning the State Senate in 2018, however, the bill secured enough votes for passage. \u201cFor many years, institutions ignored voices of child-abuse victims when they begged for justice,\u201d Seewald noted. \u201cNow they\u2019re begging institutions to go easy on them.\u201d The attorneys for the Yeshiva victims\u2014Michael Dowd, Kevin Mulhearn, and Paul Mones\u2014look forward to a justified payday for their clients. \u201cIn our civil system,\u201d Dowd told me, \u201cthe only redress is money.\u201d Rabbi Rosenberg is keen to see the perpetrators finally face legal consequences. \u201cIt won\u2019t be so easy to play around with kids anymore!\u201d he said. \u201cThey should all just be locked up.\u201d Many of the victims I\u2019ve spoken to, though, are mainly eager for a long-awaited 2 You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 5/8 Linda Stasi is a columnist and reporter for the New York Daily News, and the author of the novels The Sixth Station and The Book of Judas George Finkelstein Informers (Jewish law) Israel Jewish Community Watch (Public interest group) Macy A. Gordon Meyer Seewald Moshe Keller N.Y.) Nuchem Rosenberg Orthodox Judaism Rabbis Sexual abuse Sexual behavior Stefan Colmer Ultra-Orthodox Jews Yeshiva University High School of Boys (New York opportunity to shine a light on this dark corner of their community. Singer described to me his parents\u2019 reaction when he and his co-plaintiffs brought the first lawsuit: \u201cThey were horrified. \u2018You don\u2019t really want to bankrupt Yeshiva, do you?\u2019\u201d In reality, his motives were far simpler wasn\u2019t looking for victory,\u201d he said just wanted a chance to speak.\u201d From the October 2019 issue Download You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 6/8 From the Archive Timeless stories from our 175-year archive handpicked to speak to the news of the day. Enter email Sign Up Subscribe for Full Access Advertising Permissions and Reprints Internships Customer Care You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 7/8 Contact Classifieds Help Submissions Find a Newsstand Media Store Terms of Service Privacy Policy \u00a9 Copyright 2025 Harper's Magazine Foundation Do Not Sell My Personal Information \ue901 \ue900 \ue907 \ue905 You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 3/1/25, 10:12 Secrets and Lies, by Linda Stasi 8/8"} |
9,018 | Brian Agnew | Bergen Community College | [
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Bergen Community College settled the lawsuit with the unnamed employee last month after she accused former executive vice president Brian Agnew, 39, of sexually harassing her federal dismissed the lawsuit after the college and employee agreed to the settlement. Court documents did not disclose the settlement amount but 8 View comments Site Web Enter your search Gene Hackman's daughters are seen going on a breakfast run to Denny's a day after their father and his Privacy Policy Feedback Friday, Feb 28th 2025 8AM 19 11AM 25 5-Day Forecas 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 1/47 Bergen Community College settled the lawsuit with the unnamed employee last month after she accused former executive vice president Brian Agnew, 39, of sexually harassing her NorthJersey.com reported it was $145,000. Agnew, who left the college around the same time the lawsuit was filed, allegedly tried to kiss the employee, according to the suit. The employee claimed she was forced into playing '20 Questions' with Agnew because she feared she would lose her job. The lawsuit states some of the questions she was asked during the game included: 'Have you ever cheated on your husband,' 'what's your favorite sex position,' 'do you find other men on campus attractive,' 'have you ever messed around with anyone else at the college,' 'do you find me attractive' and 'can trust you?' +5 View gallery wife's dead bodies were found Gene Hackman and Betsy Arakawa were found at mansion with pills strewn in bathroom Haunting new photo that raises terrifying question: Did he help seal his own fate in Dallas pieces together an outrageous cover-up I'm an airline pilot. This is the terrifying reason so many planes are crashing right now, writes Donald Trump says Ukraine peace deal will be 'soon or not at all' as he hails 'special' Keir Starmer, hints at trade deal, backs off tariffs and supports Chagos... Want to feel good every day? These small actions could make all the difference BOSHOFF: Jim Morrison's death sparked conspiracy theories - but is this new evidence the ultimate proof he fake his own death? Miley Cyrus and her siblings are split in toxic family rift, as singer issues chilling ultimatum to dad Billy Ray over his sinister outbursts Read More 00:00 02:24 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 2/47 federal dismissed the lawsuit after the college and employee agreed to the settlement. Court documents did not disclose the settlement amount but NorthJersey.com reported it was $145,000 Agnew, who left the college around the same time the lawsuit was filed, allegedly tried to kiss the employee, according to the suit The lawsuit also claimed he asked the employee personal questions, including if her 'marriage was hard', repeatedly asked her to meet on her day off and texted her while she was on vacation. On one occasion when the employee told Agnew that she had been offered a job interview from a different institution, he allegedly told her thought you were going to tell me you are secretly in love with me.' The gender discrimination suit claimed other women at the college were also subjected to similar alleged harassment. The lawsuit claimed the college and its department failed to properly vet him before he was hired. +5 View gallery +5 View gallery Invisible assassin lurking in your home revealed after disturbing Gene Hackman theory Boost your health and happiness: Top 10 brands to kick-start your wellness journey Gene Hackman's daughter breaks silence as she sheds light on her reclusive father who she hadn't heard from for Ex-scaffolder Neil and his wife Karen rent out their three bed semi - to spend their retirement on a never- ending holiday Five-bedroom house goes up for sale for \u00a3525,000 - but you won't believe the jaw- dropping interior Noel and Liam Gallagher reunite at 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 3/47 11 shares Share or comment on this article: New Jersey college settles employee's gender discrimination lawsuit for $145K Agnew was hired by the college back in January 2019 and the employee said the harassment started immediately. The employee said the harassment eventually caused her to have panic attacks at work and she left the college in October 2019. Agnew now works as a motivational speaker, executive coach and diversity and inclusion strategist, according to his LinkedIn profile. Following the settlement, the college issued a statement saying: 'We consistently review our operational protocols and practices in order to continuously improve in support of our students, faculty, staff and community.' Agnew was hired by the college back in January 2019 and the employee said the harassment started immediately New Jersey So much for the cue cards, Joe: Press conference fact 'Would this apply if the owner had been a teenager in a +5 View gallery +5 View gallery Embed this Shocking moment girl gets snatched and sexually assaulted in 2004: Gene Hackman 'fears dying and wants to take care of family' Moment woman falls into croc-infested water as bungee cord snaps Terrifying bike-jackers swoop on cyclist in London's Regent's Park lavish London hotel with surprise peacemakers as they prepare to embark on Oasis reunion gigs Looking for inspiration? These 10 travel brands will help you plan your dream getaway today How boy slaves are being dressed as girls and forced to dance for leering Taliban men... before being raped reveals horrifying tribal custom thought nodding off in front of the was normal. But it was a sign of disease doctors said could kill me at any moment Michelle Trachtenberg's cause of death will never be known after family's dramatic move Urgent warning to 3.2m Google Chrome users: 'Delete right now 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 4/47 glance at a glittering career: Gene Hackman's best Bondi says Epstein files likely to be released February 27th Making Waves! Bizarre square swells surround fishermen in Turkey Pam Bondi says she is currently reviewing Epstein files Newest Oldest Best rated Worst rated Comments 8 Share what you think The comments below have been moderated in advance. JohannesCabal, Texas, United States, 4 years ago grew up in Bergen County. Bergen Community aka Bergen Comedy Click to rate 10 2 FOI-ENTERTAINMENT, Laughing City, United States, 4 years ago Sicko! Click to rate 16 0 DorisChatter, Cut and Shoot, United States, 4 years ago Deserves BILLIONS! lolz Click to rate 4 6 Themilano, London, United Kingdom, 4 years ago Disgusting Click to rate 12 1 AAK123, DC, United States, 4 years ago Scum bag. Forgets that every woman is someone's mother, sister, daughter or wife. Treat with dignity and respect Meghan shares first clip of her new Netflix show and says we are 'all multifaceted folks' while sharing her 'love for Karaoke' with 'fellow Angeleno' Roy Choi JFK's 30-year gay love affair: They lost their virginity together, had a secret White House bedroom... and sent erotic letters that left Jackie furious, reveals... Forget the Epstein files, this is the bombshell: Top lawyer makes fresh case for why billionaire was MURDERED... and it's scarily compelling I'm an interior expert and these four things will make your home look more expensive without spending thousands Meghan Markle's show is brutally mocked by Richard Osman and Marina Hyde for its inauthentic 'farm to table bull****' The mothers left distraught after the removed their daughters' healthy breasts because the girls said they were transgender From murder allegations to pub bans and a death hoax: The troublesome lives of the BBC's Eggheads Subtle symptom was the sign marathon-running father of two had developed a deadly neurological disease The defining moment between Donald Trump and Sir Keir Starmer that confirmed their blossoming 'bromance' as body language Show more 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 5/47 expert reveals how won over Preside... I'm a Stanford doctor studying the grim rise of cancer in young people. Now it's killing me too... and there was a glaring warning sign What an unlikely bromance! Donald Trump and Keir Starmer insist Special Relationship is alive and well despite tensions over Ukraine at historic White House sum spent five blissful years with my boyfriend and longed to start a family together... until the day he suddenly vanished. Then made a terrifying discovery t... Gene Hackman's modest Santa Fe life: Retired actor was an 'unassuming' and beloved customer at local hotspots Evil vlogging mom Ruby Franke's cruel ways of making her six children obey her are 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 6/47 highlighted in new documentary had sex with my brother was furious when realized... but the attraction doesn't just go away The new signs of wealth revealed, including a kitchen island and a cleaner - so, how many can tick off the list? Revealed: Woman whose death on Irish ferry sparked mass brawl was on the way to her father-in-law's funeral Jeremy Clarkson delights fans as he shares major update following the closure of his Diddly Squat Farm Shop The adults held to 'inheritance ransom' by their cruel, difficult - but very rich - parents dream of winning the lottery so never have to speak to her aga... Teen became pregnant from oral sex: doctors investigating say there is no other explanation Chilling prediction of Putin's 'Eurussian Empire' illustrates how Russia could spread war across Europe in five years Gene Hackman's 'mysterious' death leaves Oscars team 'scrambling' to put together tribute Five... 25 years on! Boyband look dramatically different ahead of new tour - and fans are shocked by what Jason 'J' brown looks like now I'm a Greece expert who has been visiting the country for 40 years. This is my 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 7/47 ultimate guide to the 15 islands you must visit - and the ones you should avoid Left-wing theatre managers who invited 200 migrants to a free show will abandon the building and face bankruptcy as refugees still refuse to leave after three m Charlotte Crosby breaks her silence on In The Style pay row as she hits out - after Jacqueline Jossa demanded to be 'paid what she's owed' Bob Dylan mystifies fans with Machine Gun Kelly post that even leaves the rapper in shock Is Taylor Swift having a BABY? Revealed: her overheard date night conversation with 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 8/47 Travis Kelce that will send fans into a frenzy MCKINSTRY: Let's boost the Army slash the welfare bill - by forcing the young unemployed to join up Amber Gill shows off her jaw-dropping figure in a pink bikini as she soaks up the sun in Bali Pam Bondi releases Jeffrey Epstein files in long- awaited document dump after warning the files were 'pretty sick' Why putting your handbag on the bed is a filthy habit: Experts tell exactly how to keep your bed free of mould and parasites... and how often to change the shee... Mail Sport Extreme: Choose your weapon for the new craze of medieval armoured combat! Michelle Trachtenberg's haunting premonition after Matthew Perry's death who's 'screwed fury as Trump 25% tariffs hit European stock market and panicking officials warn the bloc will 'react as firmly as possible' after Donal 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 9/47 Sex is much better when there's three of us in the bed: me, my wife - and my little blue pill! After being shamed for his Viagra use bites back Call me paranoid, but sense an Establishment conspiracy to bring Harry and Meghan back into the royal fold. This is why it can't happen People are after discovering how Bluetooth got its peculiar name Influencer shares her seven key steps for weight loss after she lost 20kg Ozempic Idaho murders suspect Bryan Kohberger drops autism bombshell as victims' families push for firing squad stumbled across my wife's Pornhub search history and it's broken me. She told me it's 'just a fantasy lots of women have' but now fear I'll never be enough:... Our five-star wedding resort poisoned us. 300 guests crying with acid diarrhea will haunt us forever 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 10/47 The Apprentice star Jana Denzel the series during boardroom showdown - after bosses reprimanded him over 'racist language' Double beds, lounges and showers: The incredible cabins of the airlines voted the five best in the world LITTLEJOHN: Did Starmer present Trump with a bust of Pixie Balls Cooper to replace Churchill in the Oval Office Chris Hughes dead aged 77: Eggheads star dies as show pays tribute to 'great' quizzer who also won Mastermind Gene Hackman's daughter shares how she thinks her dad, his wife and their dog died Wife of Bargain Hunt star Charles Hanson 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 11/47 was 'resentful' of his work commitments before using court battle as extension of 'vindictive' divorce, jurors told The simple move that can boost your pension pot by \u00a343,000 Revealed: Owner of bully' dog that attacked and killed 19- year-old cousin who was staying at her flat Distressing Gene Hackman 911 call reveals moment actor and wife Betsy Arakawa were found dead - as new details emerge Alison Hammond rakes in huge five- figure sum from lucrative deals Abbey Clancy and Peter Crouch reveal strict rule they enforce on their four kids to 'improve behaviour' Fans furious as Justin Timberlake cancels show at last minute amid trainwreck 'world tour' Millie Bobby Brown continues to dress years beyond her age in mature gown at film premiere 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 12/47 Gordon Ramsay is supported by his glamorous wife Tana and daughter Holly as he opens four new restaurants in London Emily Atack makes a rare appearance with boyfriend Alistair Garner at the opening of Gordon Ramsay's new restaurant Amelia Gray Hamlin turns heads in a dramatic leather gown as she walks the runway at Roberto Cavalli show during Milan Fashion Week Romeo Beckham looks stylish in a leather biker jacket as he heads out in Milan during Fashion Week Zara McDermott kicks a leg in the air in bikini- clad beach snap as she wraps filming for new series in Thailand Khloe Kardashian asks Malika Haqq point blank if she slept with her brother Rob 'behind her back' Sarah Beeny gives her refreshing verdict on the 'nepo baby' discourse - after her sons formed a successful band with her husband reviews The Last Showgirl: Pammy razzle dazzles 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 13/47 as an ageing Vegas showgirl Jonathan Majors plants a kiss on fiancee Meagan Good at the Essence Black Women in Hollywood Awards reviews Bergerac on U&Drama: Bergerac's back, but now he's a train wreck who's sozzled every night Aimee Lou Wood and Jodie Whittaker meet with the real-life Toxic Towns mums as one fights back tears remembering her daughter's tragic death Zendaya lands major role in 5th Shrek film with Cameron Diaz and Mike Myers... see what her character looks like 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 14/47 Iconic 90s sex symbol, 66, joins Euphoria season 3 alongside Sydney Sweeney and Zendaya YouTube star Saffron Barker discovers game-changing \u00a324 beauty mask that delivers 'insane' results - so what makes it so special That 70s Show star Wilmer Valderrama, 45, and fiancee Amanda Pacheco, 34, expecting baby no. 2 THRILLS: Is all-singing, all-dancing Tate the new Britney Spears MARMION: It's gags galore from three comic legends THAT! Lily James wows in a skimpy black bikini and shows off her impressive surfing skills as she shares video montage of her sun-soaked getaway Barbra Streisand pays tribute to Gene Hackman with sweet snap of the pair after his tragic death aged 95 Creamfields announce line-up for 2025 after revealing Anyma and David Guetta will headline this year's festival 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 15/47 star who loathed the limelight, Gene Hackman and his wife lived as recluses for decades in their sprawling mansion - watching comedy Need a last-minute manicure or blow-dry? This beauty app has you covered - here's how to get 10% off your first booking Bebe Rexha models sexy swimsuit in Dubai as she reveals she's 'gained weight' and 'feels stronger than ever' Chris Martin arrives at new luxury studio near $14M Malibu home raising eyebrows over his eco-warrior image Kelly Rutherford attends Roberto Cavalli Milan Fashion Week show - hours after paying tribute to Gossip Girl co-star Michelle Trachtenberg Love Island's Molly Smith shows off her taut abs as she and boyfriend Tom Clare enjoy double date with Casey O'Gorman and Gabby Allen Gene Hackman's Unforgiven co-star Clint Eastwood pays emotional tribute to star after his shock death at 95 Gene Hackman's children share statement on mysterious death as police investigate 'suspicious' scene 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 16/47 Drake enjoys a lavish welcome home party in Toronto as mystery surrounds why he cancelled his remaining Australian tour dates CONFIDENTIAL: Locals hit out at plans to fell trees at George Michael's London home Amanda Holden, 54, wows in a skimpy leopard print bikini as she poses on a car bonnet in sizzling throwback holiday snaps Prince and Princess of Wales 'increase authentic flirt rituals, looks of love and playful amusement', body language expert reveals 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 17/47 star Gary Lineker defects to rival for new show which will see him questioned by autistic interviewers Princess Eugenie breaks her silence on Michelle Trachtenberg's death with touching tribute to her 'special friend' Damning verdict on new drama hailed as 2025's Peaky Blinders - as it's branded 'a bit desperate' Rob Kardashian's ex Blac Chyna shares shock update on where she stands with the family after $100M lawsuit Reading and Leeds Festival 2025 announce 30 new names joining Travis Scott and Chappell Roan on star-studded line-up Prince William pays tribute to Gene Hackman as 'true genius of film who brought each and every character to life' Michelle Trachtenberg 'knew death was a high possibility' says friend who FaceTimed with actress in hospital Real Housewives star slams 'entitled' Katy Perry for ruining her father-in- law's dying mansion wish in heartbreaking update on his health 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 18/47 Perry Mason actress Olive Sturgess dead at 91: She also worked with Jack Nicholson and Roger Moore Wendy Williams smiles from her assisted living facility amid wild ongoing guardianship battle Mindy Kaling admits feeling 'guilty' about kids' parties after revealing Meghan Markle's parenting advice Sarah Michelle Gellar breaks her silence on death of Buffy The Vampire Slayer costar Michelle Trachtenberg EastEnders star Samantha Womack co-star Rita Simons' face at mini cast reunion amid soap's 40th anniversary Morgan Wallen addresses Nashville arrest and being his 'own worst enemy' in vulnerable song dedicated to son Pregnant Michelle Keegan cuts a laidback figure as she conceals baby bump in tan trench coat after dazzling in trailer for Ten Pound Poms' second season Amy Robach and T.J. Holmes's exes move in together as they take romance to the next step 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 19/47 Shaughna Phillips poses in a bright red bikini as she shows off her whopping 5 stone weight loss . 'Finished in style': Eggheads star Chris Hughes' final appearance on beloved quiz show as he dies aged 77 Justin Timberlake's flop era: Slow ticket sales to trainwreck tour amid struggle to repair 'golden boy' image Michelle Trachtenberg's dramatically changing face, from cute kid to glam girl to suddenly ill, as she dies at 39 Diddy is accused of sodomizing male sex worker and threatening 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 20/47 to 'Tupac' him after rapper's lawyer quits case Taylor Swift fans go wild as Travis Kelce's retirement decision is finally confirmed 'We've all had our tears': Drag stars honour The Vivienne with dance tribute celebrating their legacy after death aged 32 Kimberley Garner sends temperatures soaring in a skimpy green bikini as she poses for sizzling snaps First look as Claudia Winkleman replaces Graham Norton on his legendary talk show during his extended break Kourtney Kardashian, 45, reveals how long she plans to continue breastfeeding son Rocky, 15 months Stylish star is seen in rare childhood throwback snap as she shows her fashion sense runs in the family - but can you guess who it is? As pop legend's son Sean Stewart checks into rehab... Rod may be the only man who can save the dorky but troubled guy got to know 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 21/47 Chris Pratt reveals he's had a lung infection after the birth of three of his children thanks to bizarre ritual with father-in-law Arnold Schwarzenegger Michelle Trachtenberg's tragic final years: Actress, who was child star and anti-drugs and alcohol campaigner, was 'struggling' Kanye West and Kim Kardashian's ex The Game twin in black hoodies while leaving recording studio Mindy Kaling recalls 'heartbreaking' exchange between her ex B.J. Novak and daughter Katherine Jay Leno hits back at Monica Lewinsky's claims he 'targeted her' over President Clinton affair Doctor Who Christmas special 'set to be scrapped' for first time in six years - amid fears Ncuti Gatwa is 'poised to leave show was a Hollywood big shot... but no one knew my 'perfect' marriage was a LIE. Other woman must learn from my mistakes Candice Swanepoel looks half her age in a very tiny string bikini while in Mexico 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 22/47 Millie Bobby Brown cuts a stylish figure in a denim co-ord as she promotes her new movie The Electric State in Madrid Celebrity offspring Lila Moss and Romeo Beckham enjoy afternoon out in Milan amid the city's fashion week Peppa Pig star Mummy Pig continues to revel in her new star status as she recreates celeb baby announcements after revealing pregnancy on live interviewed Blake Lively and was shocked at what she said about working with Anna Kendrick, writes 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 23/47 Christina Haack regrets not having a prenup with ex Josh Hall: 'It's crazy. He wants to retire off me!' Maisie Smith cuts a stylish figure in a gingham red dress as she enjoys solo night out without boyfriend Max George at the theatre Amelia Gray puts on a leggy display in a grey mini skirt as she heads to the Prada show during Milan Fashion Show Oscar committee members so appalled by woke nominees they're abstaining from voting Fears for 'frail' Billy Joel, 75, mount after 'hobbling' singer suffers shock fall on stage complete timeline of Adam Brody and Leighton Meester's relationship, from 00s teen-drama rivalry to their intimate California wedding Gal Gadot puts on a leggy display in mini grey pleated skirt and blazer as she joins Hunter Schafer at the Prada fashion show in Milan Jacqueline Jossa hits out at In The Style and demands to be 'paid what she is owed' as she accuses 'retailer facing administration' of ignoring her Cindy Crawford slams Oprah Winfrey for making her 'stand up and show off her body' in resurfaced interview Best actress winner at 'Oscars for background actors' reveals common word you should never use for profession Michelle Dockery cuts a stylish figure in chic trench coat as she hints she is working on a new 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 24/47 project after leaving meeting in London Their meatiest role yet: Hollywood's Kiefer Sutherland and Rebel Wilson tuck into a Greggs alongside co- stars Danny Dyer and Lucien Laviscount Doechii leaves little to the imagination as she slips into gold beaded lingerie and giant angel wings for racy photoshoot Lewis Hamilton insists staying unmarried means he can win in F1 his 40s, after string of failed romances, as he attacks 'old white men' Little Britain star Matt Lucas takes savage swipe at Millie Bobby Brown in her 'mommy era' Cristiano Ronaldo and Jude Bellingham beaten by surprise choice in world's sexiest footballer survey Duchess of Edinburgh shares sweet moment with a little girl as she attends Mother's Union meeting in Chelmsford Noel Fielding makes rare public appearance at a Kasabian gig after pulling out of Apple TV+ series Whoopi Goldberg models bizarre look after demanding trolls stop slamming the appearance of stars like Selena Gomez This Morning fans say segment is 'wrong on so many levels' as mum defends eight-year- olds as beauty influencers Chace Crawford pays tribute to Gossip Girl co-star Michelle Trachtenberg in 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 25/47 emotional post after her sudden death Gene Hackman's ultimate fear: Actor revealed his thoughts on death in haunting resurfaced interview Denise Welch opens up on details of her recent hospital dash and reveals she was 'given a bed within 15 minutes' once someone recognised her Coronation Street's Julia Goulding is 'devastated' as two stars depart the show and she says 'I'm losing all of my mates' Queen Letizia of Spain dazzles in red as she attends university event with King Felipe in Madrid Irina Shayk, 39, is the epitome of chic in a striking black fur jacket as she storms the Blumarine runway during Milan Fashion Week Jessie's Girl singer Rick Springfield, 75, reveals why he microdoses acid Close friends Kathryn Newton and Brandon Thomas Lee sweetly walk arm-in-arm as they leave glitzy Vanity Fair event - after shutting down dating rumours Kate and Prince William spotted making private visit to home in Wales flooded by Storm Bert Madonna holds a gun to her crotch and locks lips with a nun in one of her most shocking photoshoots yet 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 26/47 Antiques Roadshow guest left lost for words when expert gives shock verdict on his ceramics Maya Jama shows off her fresh-faced beauty as she pampers herself with a face mask during her work taxi ride Frail Michael Bolton seen in rare family photo on his 72nd birthday amid brain cancer battle Kate Hudson reveals the one annoying question she gets asked all the time as she dishes on her famous family - after boozy night out Ashley Roberts puts on a very daring display in a tiny gold mini skirt as she leaves 2025 Metro Pride Awards with Christine McGuinness and Tulisa Junior Andre, 19, looks more loved-up than ever as he cosies up to 'soulmate' Jasmine Orr, 24, in sweet snap Natalie Cassidy reveals her incredible improvisation skills after technical blunder blighted rehearsal for EastEnders live episode Tommy Fury set to cash in on what went wrong with Molly- Mae Hague as his new series is confirmed Shanina Shaik cuts an effortlessly chic figure in a grey skirt suit as she joins stylish fashion icon Anna Wintour at Max Mara's Milan Fashion Week show 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 27/47 Donald Trump Hints At Trade Deal As He Lavishes Prais\u2026 See more versions HuffPost \u00b7 4hrs ago Gene Hackman and wife discovered in separate rooms w\u2026 See more versions The Telegraph \u00b7 1hr Starmer gets a love-in from Trump - but still resistant to Ukraine\u2026 See more versions Daily Mirror \u00b7 3hrs a Schoolboy Starmer is trying to cosy up with the White House\u2026 See more versions The Telegraph \u00b7 4hr Donald Trump trade deal could mean tariffs 'not necessary' See more versions \u00b7 4hrs ago Andrew Tate and brother flee to Florida but governor says \u2018you\u2019r\u2026 See more versions The Independent apologises for 'serious flaws' over Gaza documentary See more versions \u00b7 6hrs ago Screams heard by neighbours as teenager is killed in suspected X\u2026 See more versions The Independent immigration: Asylum claims hit record high \u2013 Data Explained See more versions Channel 4 \u00b7 5hrs ag Donald Trump Set To Back Chagos Islands Handover Deal I\u2026 See more versions HuffPost \u00b7 7hrs ago Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail Was Gene Hackman tragedy a terrible accident... or something else? Police say his 'exact cause of death is unknown' Michelle Trachtenberg 'in talks' for Buffy The Vampire Slayer reboot before shock death at 39 Love Island star is engaged! Influencer says 'yes' to hunky pilot four years after that awkward Casa Amor moment and flirty link to Jack Grealish Distressing new theory on why Michelle Trachtenberg died... 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 28/47 with star's mom seeing her just hours before Pete Davidson looks worlds away from his usual self with new clean-cut image as he attends Riff Raff in following his 200k tattoo removal confirms period drama sequel release date for series compared to Downton Abbey Last photos of reclusive Gene Hackman, 95, and his wife Betsy Arakawa, 64, after couple are found dead at their Santa Fe home Rita Ora showcases her incredible figure in a gold sequinned gown as she puts on a very glamorous display for The Masked Singer Inside Gene Hackman compound where star indulged his love of home improvement and hid away from the world - before he was found dead there Grief-stricken Jennifer Lopez emerges in after trying to 'save' hairstylist Jesus Guerrero before tragic death Peppa Pig reveals major news as Mummy Pig announces she is with her third piglet Reverend Richard Coles admits 'death is often followed by dating' as he offers advice to a grieving widow and her son Breakfast's Carol Kirkwood left 'shocked' by co-star Naga Munchetty's comment to her live on air 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 29/47 Tyra Banks, 51, shows off her incredible glow up in an illusion dress as she reunites with Coyote Ugly co-stars for film's 25th anniversary Olivia Molly Rogers rocks chic outfit as she cuddles up to new man Hugo Breakey during romantic date night at Semi Final Series in Melbourne Kate gushes over 'amazing' William and says she's 'felt the support from everyone' - while Prince tells crowd in Wales he's 'still as cheeky as ever' Danny Dyer and his daughter Dani wrap up in matching jackets as they get down to work filming new show The Dyers' Caravan Park in Kent Elizabeth Hurley, 59, shows off her incredible figure in a tiny pink bikini as she models her swimwear range Emily Blunt cuts a serious figure as she films a car scene while Steven Spielberg works his magic on the set of their new movie The Dish Gene Hackman dead at 95: Iconic actor and wife Betsy Arakawa, 64, are found dead with their dog at Santa Fe home Kate Moss' luxury wellness brand Cosmoss faces a compulsory strike-off less than three years after it was founded Tenacious star Kyle Gass, 64, shows off dramatic weight loss as returns to band's social media with major announcement - after tour was pulled Racy Dixie D'Amelio turns heads as she joins Julia Fox, Sofia Carson and Keke Palmer at Vanities Night for Young Hollywood event 'Frail' Michelle Trachtenberg's tragic final night out: Gossip 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 30/47 Girl star so weak she could barely walk down stairs Paul McCartney reveals how he reinvented his career following the Beatles split as he announces new project Michelle Trachtenberg's teary- eyed boyfriend Jay Cohen speak for the first time after her death as he holds down the family's home in Sean Stewart reveals the disorder that landed him in a rehab facility as he deals with 'past trauma Love Island's Belle Hassan shares heartbreaking post about 'emotional abuse' - after deleting all traces of boyfriend Luke Crosbie from socials Lila Moss cuts a low- key figure in a varsity bomber jacket and jeans as she steps out in London Karl Stefanovic hams it up with wife Jasmine during holiday in Las Vegas - as he breaks out in song with a busker in the middle of the street Jordan Stephens reveals he was asked to appear on Star Wars show but turned it down as bosses wanted him to cut off his dreadlocks New Britain's Got Talent spin-off show with a twist is in the works and applications are already open The 'tough' life of Gene Hackman's 3 children: Hollywood actor admitted his 'success was always hanging over them' 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 31/47 Model Simone Holtznagel flaunts her wealth with $2,950 designer handbag as she leads arrivals at podcast launch with Candice Warner Pregnant Poppy Delevingne, 38, looks radiant in a black sequined dress as she attends the Brunello Cucinelli show during Milan Fashion Week Reclusive final decades of Hollywood legend Gene Hackman after he retired from the spotlight and films for 21 years Gene Hackman's heartbroken fans share emotional tributes to the 'legendary' Hollywood star after he and wife Betsy Arakawa were found dead Jade Thirlwall oozes glamour in a low-cut white dress as she joins stylish Sarah Jessica Parker and Naomi Ackie at Milan Fashion Week's Fendi show Matty Healy's fiance\u00e9 Gabbriette Bechtel goes braless beneath racy mesh top as mother-in-law Denise Welch shares sweet tribute bride reignites feud with her show husband and reveals she 'will never speak to him again' after reunion show drama Francis Ford Coppola and Star Trek actor George Takei leads the heartfelt tributes to 'one of the true giants of the screen' Gene Hackman and wife Betsy Arakawa Netflix fans rave over 'awesome and underwatched' apocalyptic thriller dubbed the streamer's 'best kept secret' Billy Joel, 75, loses his balance and topples over on stage after throwing his microphone: 'He looked frail' George Clooney, 63, looks handsome as 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 32/47 ever in a plaid Fedora as he keeps a low profile for a stroll around Gabrielle Union goes braless in a sheer brown dress at Riff Raff screening - after speaking out on husband Dwayne Wade's cancer diagnosis Gene Hackman's greatest screen moments: From his 1967 breakout in Bonnie and Clyde to The French Connectio - how his iconic roles left audiences in awe Giggling Brooklyn Beckham and his wife Nicola Peltz enjoy a date night in Beverly Hills as they return home following brief trip in London Love It or List It star admits his 'heart is ripped out' as he makes emotional admission about daughter amid family struggle for work life balance Inside Gene Hackman's quiet life with classical pianist wife Betsy Arakawa: From first meeting in a gym to Friday date nights The childhood betrayal that turned Gene Hackman into 'Vesuvius', writes 'The Crown of The Netherlands' to recreate M\u00e1xima's toughest moment: Queen's wedding without her Argentine junta father to feature in season two of the royal drama How Hollywood ruined Gene Hackman's first marriage: Loyal bank clerk supported bid for stardom that made the actor 'selfish' Five are back! Beloved Nineties boyband announce huge tour as they send fans wild 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 33/47 with reunion news 25 years after split Hollyoaks star Mikyla Dodd details her battle with an eating disorder after previously shedding nine stone: 'Food dominates my thoughts' Celebrity Traitors suffers another huge blow as legend pulls out of game show after secret talks' Pete Doherty makes exciting career announcement after he revealed he's at risk of having his toes amputated Blooper reel? Meghan posts then quickly deletes behind-the- scenes footage from new Netflix series featuring husband Prince Harry Gossip Girl star Michelle Trachtenberg's cryptic final Instagram posts raised concern ahead of death at age 39 Eamonn Holmes celebrates his girlfriend Katie Alexander's birthday with a date night at the theatre Scott Disick breaks silence on Mounjaro use after eagle-eyed viewers spotted weight loss drug in his fridge Khloe Kardashian reveals mom Kris Jenner criticised her for performing sex act while dating player The Kardashians baffle viewers for censoring explicit comments about sexual acts after revealing a rating 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 34/47 as EastEnders star James Bye takes on the role of Mr Darcy - days after his soap alter-ego Martin Fowler was killed off King Willem- Alexander of the Netherlands under fire for 'interfering in political affairs' by 'securing his sister-in- law Princess Laurentien a government role' Amanda de Cadenet says Michelle Trachtenberg 'knew death was a high possibility' as she FaceTimed her from 'hospital bed' Blake Lively mourns 'fiercely loyal' Gossip Girl co-star Michelle Trachtenberg following shock death at 39: 'She was electricity' Skinny Mindy Kaling gets Kardashian makeover after extreme weight loss transformation star Gizelle Bryant breaks her silence on Karen Huger's jail sentence in case Patsy Kensit, 56, reveals she has 'conquered' empty nest syndrome following sons James, 31, and Lennon, 25, moving out Robert De Niro reveals unexpected taste of cobra meat after eating it while filming The Deer Hunter Aaron Carter's troubling comments about waking up in Michael Jackson's bedroom aged 15 resurface Huge fortune left by late Coronation Street star to his beloved wife and children Real reason Colleen Hoover wiped Blake Lively from 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 35/47 her Instagram as author is branded a 'sell out' Tulisa stuns in a plunging sequin dress as she joins leggy Ashley Roberts, Oti Mabuse and Tasha Ghouri at the Metro Pride Awards Teddi Mellencamp tears up as she gets her staples removed after sharing devastating health update about her brain tumour surgery Brandi Glanville's doctor Terry Dubrow shares unsettling update about her disfiguring skin condition Selena Gomez supported by ex Taylor Lautner as he slams her bodyshamers following her slim Awards appearance Kate Middleton recycles 18-year-old jacket demonstrating her commitment to sustainable fashion Kate Hudson flashes the flesh in a very busty dress as she leads starry screening of her Netflix sports comedy series Running Point Demi Moore's sordid secret diary: Published for the first time, confessions so explosive that husband Bruce Willis locked them away! Inside Michelle Trachtenberg's heartbreaking final days: Gossip Girl star was 'really sick' and 'struggling' prior to her death at 39 Awkward moment Kim Kardashian squirms over cringe 'erection' boast from longevity expert Bryan Johnson 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 36/47 Tarek El Moussa accused of threatening ex- employee and 'losing his temper' at assistant in wrongful termination lawsuit Rihanna and Rocky jet back into following Caribbean getaway after his legal victory Jessica Alba debuts meaningful post- divorce tattoo following Cash Warren split Michelle Trachtenberg's secret liver transplant revealed 'after years of struggles' Oscars host Conan O'Brien rolls out the red carpet in Hollywood for 'most unpredictable' awards race in years Kate Middleton promises to share her special plum preserve recipe with young royal fan in Wales as Meghan Markle rebrands her own line of jams Joe Swash begins surprise new business venture with his ex- girlfriend's dad Amandaland star's family connection to the creator of the sitcom is revealed - as the show continues to delight viewers Hairy Biker Dave Myers' wife Liliana announces touching tribute to husband after he passed away aged 66 following cancer battle Gary Oldman keeps it casual in a Palm Springs top and chinos while running errands in the desert resort city 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 37/47 Love It Or List It viewers slam latest 'disorganised' couple to appear on the show and say they just need to 'tidy and paint' cluttered house Haunting resurfaced video shows Michelle Trachtenberg talking about battling bullies Hollywood's most eligible bachelor Kevin Costner flaunts 'wild' single life on Instagram after marriage split Sarah Jessica Parker cuts a chic figure in a knitted dress as she joins leggy Hailee Steinfeld at Milan Fashion Week's Fendi show Teddi Mellencamp breaks silence with devastating health update about her brain tumor surgery Former Bad Boy Records president sues Diddy's mother over stake in the company after rapper 'coerced him into giving up his shares The secret anguish of Gossip Girl star Michelle Trachtenberg... and the 'toxic' teenage abuse claims now resurfacing after her tragic death at 39 Natasha Poly puts on a leggy display in tiny hot pants as she departs the Fendi show after storming the runway during Milan Fashion Week The Vivienne's father pays heartbreaking tribute as Drag Race winner is honoured with Icon Award at inaugural Metro Pride ceremony Sasha Attwood is seen for the first time since boyfriend Jack Grealish denied knowing mystery blonde he was spotted leaving a bar with 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 38/47 Chloe Burrows shares 'traumatising' experience where lifeguards had to rescue her from a riptide during 'chaotic' Australia trip Glastonbury fans predict 'glorious' dance act could finally return for 2025 after hiatus as a result of festival rule Michelle Pfeiffer channels Catwoman in leather while filming new Apple TV+ series with Elle Fanning Happy Mondays star Rowetta is seen for the first time since accusing band's frontman Shaun Ryder of beating her up in public in furious spat as she heads out on a dog walk Michelle Trachtenberg's Gossip Girl co-star Ed Westwick leads heartbreaking tributes after her shock death at 39 Amandaland viewers weigh in on her romance with eccentric Johannes as the pair share racy moment in latest episode How Jennifer Lopez tried to save hairstylist Jesus Guerrero before his tragic death Annie Kilner hits the supermarket back home in Cheshire after weeks of glam globe- trotting with Kyle Walker and the Rooneys Michelle Trachtenberg dead at 39: Buffy and Gossip Girl star passes away after sharing troubling posts Jason Manford puts his seven-bed family home up for sale for \u00a32.4m - and could be laughing all the way to the bank with a \u00a31m profit in just six years 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 39/47 Bella Hadid pulls down her bikini bottoms to flash her abs while modeling a tiny white swimsuit CONFIDENTIAL: Leftie in rant about privilege is really a toff Chris Hoy's heartbreak as doctors told him not to pick up his little girl after tumours fractured his spine Resurfaced 2003 clip shows Bill Cosby creepily flirting with Sofia Vergara: 'You make me very...' Drake concert employee claims what happened at disastrous final show after he cancelled the remainder of Australia and New Zealand tour Michelle Trachtenberg fired back at health concerns before quietly undergoing a liver transplant ahead of death at 39 Michelle Trachtenberg's Harriet the Spy co-star Rosie O'Donnell breaks silence on her tragic death aged 39 REVEALED: How Travis Kelce and Taylor Swift 'reconnected' after Chiefs star's Super Bowl heartbreak Tatum O'Neal has savage three-word response to being cut out of father Ryan's will White Lotus star responds to open marriage speculation after revealing her husband checks out other people Christine McGuinness sizzles in a plunging neon green 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 40/47 mini dress as she poses for snaps with Blue star Duncan James at the Metro Pride Awards This Morning's Josie Gibson shares a worrying update from hospital as she visits Dave Grohl's wife Jordyn is chic at the Beverly Hills Hotel while he is on dad duty across town as they 'work out' marriage Amanda Abbington flashes a smile as she joins fianc\u00e9 Jonathan Goodwin at the press night of The Last Laugh on London's West End Jennifer Lawrence shows off her baby bump in NYC... as 'early spring due date' fast approaches radio presenter dies suddenly after 40 years on air Charlotte Crosby's daughter gives damning verdict on her mum's Celebrity Antiques Road Trip appearance with Louie Spence as pair suffer losses at auction Kimberley Walsh flashes her abs in a ruffled black crop top and silk skirt as she joins fellow Girls Aloud star Nicola Roberts at the Metro Pride Awards Kate Hudson looks tired on morning show after drunk night out with fianc\u00e9 Danny Fujikawa in Brooklyn Beckham pokes fun at his many career paths as he teases job as a racing driver for new promotional video 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 41/47 Maya Jama wows in a strapless white dress as she shares a look inside her night out during London Fashion Week Boy George says he's become the 'gay version' of his father despite his best efforts to be different as he opens up about their complex relationship Michelle Trachtenberg's first appearances as a child star aged just resurface after her shock death Who is Michelle Trachtenberg's boyfriend Jay Cohen? How the actress found love with her talent agent before her sudden death Awards 2025: Two more performers confirmed to take to the stage alongside Sabrina Carpenter and Jade Thirlwall TOWIE's Elma Pazar shows off her figure in a mini skirt as she joins Sophie Kasaei and Danni Imbert after returning from Love Island villa Kourtney Kardashian mistakenly reveals secret part of her sprawling home Paris Jackson flashes a smile as she shows off her slender figure in a tank top... after announcing engagement Queen Camilla meets Matt Lucas alongside Gavin and Stacey star Rob Brydon, Strictly's Gill and The Voice UK's Danny Jones and Tom Fletcher First look inside EastEnders' newly rebuilt Queen Vic after pub was blown up for 40th anniversary episode 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 42/47 Blac Chyna leaps to Kanye West's defence as she brands him 'misunderstood' and calls his antisemitic rants a 'cry for help' Hilaria Baldwin under fire from husband Alec over 'horrible' name for four-year-old daughter Lulu Can 'sad dad at karaoke' Will Smith save his career? Actor is struggling with weight gain after a string of film flops, marriage woes and Oscars punch Geordie Shore's Marnie Simpson reveals the gender of her third child in sweet clip - after announcing she's expecting again with husband Casey Johnson Kelsea Ballerini gets so mad at fans screaming obscenity about ex Morgan Evans she concert Nitro boost! Queen Camilla left giggling after she was introduced to spanx- clad Gladiator from hit show Millie Bobby Brown she wants to play Britney Spears in a film as she posts more pinup photos Award-winning actor displays dramatic new look as he sports shaved head and muscular physique - but can guess who it is? Sienna Miller enjoys a double date with her ex Tom Sturridge and his fianc\u00e9e Alexa Chung as they toast their friendship with rounds of cocktails Legendary Bargain Hunt host brutally edited out of episode after quitting show for 'personal reasons' - leaving fans gutted 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 43/47 Chloe Ferry shows off the results of her removal in a cut-out animal print swimsuit - after revealing she was suicidal and hit 'rock bottom' following botched surgeries Kyle Richards wonders if she would take estranged husband Mauricio Umansky back Where EastEnders Charlie Slater actor Derek Martin is now as he prepares to turn 92 - nine years after leaving soap Blake Lively dazzles as a sexy bride in teaser for Another Simple Favor amid explosive Justin Baldoni drama Major Hollywood actor cast as Dumbledore in HBO's new Harry Potter series - but not all fans are happy Sex and The City fans stunned after Carrie Bradshaw's Vera Wang wedding dress found in thrift store for $19 Sophia Bush flashes ring on her wedding finger amid Ashlyn Harris romance... 10 months after coming out Gillian Anderson, 56, admits she's 'stopped caring' about her age and calls it 'an advantage' after being unveiled as new L'Or\u00e9al Paris ambassador Sharon Stone stuns in a plunging tasselled co-ord as she arrives at the Antonio Marras show during Milan Fashion Week finally confirms Ten Pound Poms' return date as Michelle Keegan dazzles in first look series two trailer 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 44/47 Jason Momoa, 45, head bangs as he joins heavy metal band Pantera on stage at Wembley Arena Pink Floyd to release newly restored version of iconic 1972 show in Pompeii in after over 40 years Gogglebox star Ellie Warner reveals new tattoo in private location: 'It's a cover up!' 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Britain's fish and chips are revealed: Chippy boss reveals how he battered his rivals - but does Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/27/25, 7:38 New Jersey college settles employee's gender discrimination lawsuit for $145K | Daily Mail Online 47/47", "9018_102.pdf": "Report: Federal Lawsuit Accuses Former Bergen Community College Of Sexual Harassment former executive vice president at Bergen Community College resigned amid allegations of sexual harassment, according to a published report. 02/27/2020 11:30 a.m. Former Bergen Community College Executive Vice-President Brian Agnew Photo Credit: Bergen Community College (inset)/Google Maps Valerie Musson 2/27/25, 7:38 Report: Federal Lawsuit Accuses Former Bergen Community College Of Sexual Harassment | Paramus Daily Voice 1/2 federal gender discrimination lawsuit filed by Brandie Bookhart accuses Brian Agnew of repeatedly trying to kiss her, making sexual comments and trying to meet up with her outside work, NorthJersey.com reported. The harassment began soon after Agnew, 38, of Piscataway took the second- in-command position in January 2019, alleges the suit, which names him, the Board of Trustees and a human resources manager at the school. Agnew couldn\u2019t immediately be reached for comment Thursday. The lawsuit filed by Bookhart, a benefits administrator, accuses him of closing a door to her office and trying to kiss her and asking her personal questions about her husband, sex and whether she considered him attractive, NorthJersey.com reported. Other unwelcomed incidents followed, the suit alleges, including Agnew attempting to force Bookhart to look at a cellphone photo of him wearing a Speedo, the story says. The lawsuit was filed in U.S. District Court in Newark on Jan. 31, the same day that Agnew resigned after being on administrative leave since October, it says. MORE: Bergen Community Top Official Sued Over Sex Harassment Claim (NorthJersey.com story published in The Bergen Torch claims that two other unidentified women claimed to have been harassed by Agnew, as well. SEE: Lawsuit Accuses Ex Brian Agnew of Sexual Harassment Towards Multiple Women (Bergen Torch) 2/27/25, 7:38 Report: Federal Lawsuit Accuses Former Bergen Community College Of Sexual Harassment | Paramus Daily Voice 2/2", "9018_103.pdf": "College lecture hall; image courtesy of Wokandapix via Pixabay, Handshake: image courtesy of geralt via Pixabay, Begen Community College is settling a lawsuit filed by an employee who claimed she was the victim of sexual harassment. Earlier this month, Begen Community College agreed to settle a lawsuit filed on behalf of an employee who claimed they were the victim of sexual harassment. According to the suit, the employee alleged that Brian Agnew, the former executive vice president of the college, \u201csexually harassed her and that institution officials failed to properly vet him before he was hired.\u201d In addition to Agnew, the school, its board of trustees, and the human resources director were all named as defendants in the gender discrimination suit that was filed back in January 2020 in U.S. District Court. In the suit, the plaintiff argued Agnew was \u201ca particular danger to women in the workplace\u201d and pointed out that \u201che had issues at previous places of employment.\u201d Last month, a federal judge dismissed the suit and \u201cterminated all pending motions in the case last month\u201d after the matter was settled and an \u201corder was signed on February 2.\u201d The dollar amount of the settlement is not yet known, but it\u2019s estimated to be around the $145,000 range. What happened, exactly? What prompted the employee to file the suit. Well, according to the complaint, the \u201cAgnew met with her privately and asked personal questions, including whether her marriage was hard and if he could trust her.\u201d When she informed Agnew that she had been contacted by another institution for a job interview, he allegedly said thought you were going to tell me you are secretly in love with me.\u201d On top of that, the suit alleged Agnew tried to kiss the employee and \u201crepeatedly asked her to meet with him on her days off outside work and texted her while she was on vacation.\u201d To make matters worse, she claimed she \u201cfelt coerced into playing games with Agnew, such as \u201820 questions,\u2019 because she feared losing her job.\u201d As if that isn\u2019t bad enough, the lawsuit further claimed the employee\u2019s co-workers experienced similar acts of harassment, by the human resources department did nothing to stop it. In fact, over the years five other women have come forward with complaints of sexual harassment when Agnew worked at Georgian Court University in Lakewood. Soon after the more recent lawsuit was filed, Agnew left the school and currently works as a \u201cdiversity and inclusion strategist, executive coach and motivational speaker.\u201d In response to the settlement, Bergen Community College issued the following statement Community College Agrees to Settlement, Ending Gender Discrimination Lawsuit \u2014 April 11, 2021 2/27/25, 7:39 Community College Agrees to Settlement, Ending Gender Discrimination Lawsuit - Legal Reader 1/3 About Brianna Smith Brianna Smith is a freelance writer and editor in Southwest Michigan graduate of Grand Valley State University, Brianna has a passion for politics, social issues, education, science, and more. When she\u2019s not writing, she enjoys the simple life with her husband, daughter, and son. Read more articles by Brianna Smith \uf104 13 Attorneys General Sue Biden Administration Over Coronavirus Relief Tax Rules Medical Workers Contemplated Quitting Amid COVID-19 \uf105 \u201cWe consistently review our operational protocols and practices in order to continuously improve in support of our students, faculty, staff, and community.\u201d Sources: N.J. college settles employee\u2019s gender discrimination lawsuit against former top official for $145K Former N.J. college official sexually harassed female coworkers, lawsuit says Join the conversation 2 years ago 1 comment Children in Cincinnati are Lacking Mental Health Resources & Support Children Children in in Cincinnati Cincinnati are are \u2026 \u2026 \u2022 a year ago 2 comments Understanding dog bite laws can help ensure the safety of individuals and promote \u2026 Virginia Dog Bite Virginia Dog Bite Law Law \u2022 2 years ago 1 comment Establishing paternity is a crucial aspect of family law in Florida. 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Subscribe Privacy Do Not Sell My Data \uf109 \uf09a \uf099 Trending 2025 Guest Posting Program Blog vs YouTube Over Other Websites: How to Choose Investigation Reveals Goodyear\u2019s Dunlop D402 Tires Have Caused Dozens of Motorcycle Accidents Behind the Story of Ghostbed vs. Purple Mattress Lawsuit How Green Are Those New Cassava Bags? Settlement Agreement Could Help Keep Mentally Ill Out of Washington Jails 2/27/25, 7:39 Community College Agrees to Settlement, Ending Gender Discrimination Lawsuit - Legal Reader 2/3 Bergen Community College Gender Discrimination lawsuit Lawsuit Settlement Sexual harassment About Legal Reader Legal Reader is devoted to protecting consumers. We take pride in exposing the hypocrisy of corporations, other organizations, and individuals whose actions put innocent people in harm\u2019s way. We are unapologetic in our dedication to informing the public and unafraid to call out those who are more focused on profits than people\u2019s safety. Read more \u00a9 2000-2025 2/27/25, 7:39 Community College Agrees to Settlement, Ending Gender Discrimination Lawsuit - Legal Reader 3/3", "9018_104.pdf": "( Ex Agnew\u2019s Lawsuit Shows Bergen Needs Better Hiring Practices October 14, 2020( By Emanuele Calianno, Editor-in-Chief. Last January, Executive Vice President Brian Agnew resigned from due to allegations of sexual harassment towards multiple women at the college ( harassment-towards-multiple-women/). The allegations came to light when Brandie Bookhart, a former employee, filed a lawsuit against him. Shortly after the news broke out, reports surfaced from other schools where Agnew had worked, with many other women detailing a pattern of predatory behavior ( return=https%3A%2F%2F harassment-claims-mount-against-former-bcc-georgian-court- official%2F2946570001%2F). Officials from those universities, which include Rutgers and Montclair State, declined to comment on personnel matters. Agnew, who was suspended in October of 2019, has been gone from for almost a year. And yet, as the search continues for a replacement to Interim President Anthony Ross, Agnew\u2019s alleged conduct continues to be a problem \ue816 2/27/25, 7:39 Ex Agnew\u2019s Lawsuit Shows Bergen Needs Better Hiring Practices \u2013 The Torch 1/5 for the college, one that points out a painful fact about Bergen\u2019s leadership. Along with Agnew, Bookhart is suing the college and the Board of Trustees for negligent hiring practices. Bergen insists that it followed due process, and remains committed to the safety and well-being of its community. No one would accuse Bergen of knowingly hiring an alleged sexual predator. However, the argument can definitely be made, as Bookhart says, that the college \u201cshould have known [he] was a threat to women have been at this college for over eight years ( tenured-student-eight-years-for-an-associates-degree/)(yes know). During this academic odyssey of mine have gained a knowledge of the administration unlike that of most students. And the truth is, Bergen has made questionable hires at the executive level for a long time. My first semester in the spring of 2012 bore recent news that President Jerry Ryan had been fired ( fire/embattled-ex-bcc-president-ryan-gets-new-job/630431/)for, amidst unusually high dropout rates, racking up personal expenses (mostly restaurant and bar bills) in excess of $100,000. But even before he left, he had lost the confidence of the faculty. ( News circulated that Ryan had been fired from previous jobs for poor job performance, and it was widely alleged among the faculty that he had a drinking problem. Ryan was replaced by B. Kaye Walter, whose tenure as president marked some of Bergen\u2019s most tumultuous years ( college-faculty-and-president-conflict-over-many-issues)(pandemic notwithstanding). The college was at an impasse with faculty over contract negotiations for over two years, a dispute that cost hundreds of thousands in tax-payer dollars. Faculty and students complained of a hostile work environment, and the college made national news for accusing a Game of Thrones-loving professor of having violent ideation ( professor-threating-game-thrones-shirt-article-1.1761354). At a Faculty Senate meeting in 2014, Walter was loudly berated by faculty, ( with a professor telling her to \u201cf****** go back to Texas.\u201d Reports began to surface from Walter\u2019s previous workplace of a similar pattern of hostility, and of a nondisclosure agreement signed before she left. In 2017, the Board terminated Walter\u2019s contract one year prior to expiration. Walter is now deceased, and Ryan has long left the state to work elsewhere don\u2019t write about them simply to attack those who cannot answer for themselves, but because their tenures at show that the college failed to learn key details about its candidates, to the detriment of the community. Details might add, that were easily accessed by the faculty and The Torch. 2/27/25, 7:39 Ex Agnew\u2019s Lawsuit Shows Bergen Needs Better Hiring Practices \u2013 The Torch 2/5 In fairness, these two former presidents were not appointed by the current Board of Trustees, which has almost completely changed from the time first enrolled. Community colleges are very much run by local politics, and leaders in Bergen County at the time had appointed a Board that fit its conservative agenda. The new Board, made up of many dedicated educators instead of businessmen and real estate lawyers, has steered in a much healthier direction, and appointed better presidents than in the past. Dr. Michael was a fine president (except for his judgement on Agnew); so is Dr. Ross, who is seeing us through our roughest moments. However, the hiring of Brian Agnew does fall on the current Board, along with the damage that might have been done had he become president. Agnew was hired by Redmond and the Board as the number two executive at the college. At the time, Redmond was readying himself for retirement, and it is entirely plausible that Agnew was hired as his eventual successor. During his time here, Agnew reportedly laid out plans to make significant changes to various departments and offices, which multiple staff and faculty members described as \u201ctrying to take control.\u201d Many described him as a \u201cmicro-manager\u201d and \u201cpower-hungry.\u201d Bookhart is also suing Gwendolyn Harewood, the Human Resources Director for BCC, who she says was complicit in Agnew\u2019s behavior, and sexually harassed her as well. Faculty members who were part of the committee that hired Harewood said that she had been brought on by Agnew himself. In the context of the lawsuit, he was essentially picking an manager who would cover for his sexual predation. If the allegations against him are true, this would mean that the Board was gearing up to appoint yet another president who would have torn collegial relations apart, and posed a serious threat to the safety of the women who work here. The Administration may say that its vetting process is limited to official channels and background checks, and they cannot find out information that may have been kept under wraps in a non-disclosure agreement. But if Bergen keeps repeating the same mistake over and over, isn\u2019t it time to admit that they need a new plan will finally graduate at the end of this semester, leaving Bergen in the same position found it back in 2012: with an interim president, and an ongoing search for a new president. The past decade has been rocky for BCC, largely due to administrative chaos. With the hardships facing us in the coming months, our community needs to know it has sound leadership at its helm, and that the Administration and Board will have implemented better hiring practices this time around. Corrections: an earlier copy of this article incorrectly had B. Kaye Walter\u2019s name as Kaye B. Walter. Also, it did not include Redmond\u2019s involvement in hiring Agnew. 2/27/25, 7:39 Ex Agnew\u2019s Lawsuit Shows Bergen Needs Better Hiring Practices \u2013 The Torch 3/5 ( ( Related Posts Get to Know Bergen! Get to Know a Personal Counselor: Jessica Peacock ( counselor-jessica-peacock/) By Michael Pardo and Joey Ribaudo Getting help can be challenging. For many students at Bergen Community College, the idea ( 2/27/25, 7:39 Ex Agnew\u2019s Lawsuit Shows Bergen Needs Better Hiring Practices \u2013 The Torch 4/5 New Season, New Era; a chat with Bergen Community College\u2019s new basketball coach ( with-bergen-community-colleges-new-basketball-coach/) By Joshua Gallatin With the 2024-25 basketball season right around the corner, the Bulldog will faithfully be monitoring the debut ( coach/) \u00a9 2025 The Torch All rights Reserved. (h tt p s: // w w w. ti kt o k. c o m / @ th e b er g e nt or c h) (h tt p s: // w w w. in st a gr a m .c o m /t h e b er g e nt or c h/ ? hl = e n) \ue07b \uf16d 2/27/25, 7:39 Ex Agnew\u2019s Lawsuit Shows Bergen Needs Better Hiring Practices \u2013 The Torch 5/5", "9018_105.pdf": "Ex-official at Bergen Community College sued over alleged sexual harassment Published 5:05 a.m Feb. 12, 2020 former top official at Bergen Community College has resigned amid allegations that he sexually harassed an employee, repeatedly asked her to meet him outside of work hours, pressed her with sexual and personal questions and then attempted to kiss her. Brian Agnew, the school's executive vice president until last month, was named in a lawsuit filed Jan. 31 in U.S. District Court in New Jersey. The 38-year-old from Piscataway had worked at the Paramus-based school for a year after previously holding positions at Montclair State University, Rutgers and Robert Wood Johnson University Health System. He did not respond to a request for comment on Tuesday. Brandie Bookhart, the employee who filed the lawsuit, also sued the college, its board of trustees and Gwendolyn Harewood, a human resources manager she claims was complicit in the harassment. Bookhart, a benefits administrator, alleged in the suit that the college \u201cknew or should have known Agnew was a particular danger to women in the workplace\u201d and that it failed to adequately vet employees and managers. In a statement Tuesday, the college said it received an allegation of sexual harassment and \u201cimmediately began an investigation into the matter.\u201d Agnew was placed on administrative leave pending the internal probe and has since resigned, the school said. \u201cAs a public, open-access institution serving a diverse community, Bergen Community College remains committed to providing a safe learning and working environment for all of its faculty, staff and students,\u201d the college wrote. Hannan Adely NorthJersey.com 2/27/25, 7:39 Bergen Community College, top official sued over sex harassment claim 1/4 \u201cThe college cannot discuss personnel matters,\" the statement continued, but it swiftly began an investigation of the alleged harassment \"while respecting the confidentially, privacy and welfare of all involved.\u201d RELATED: Hundreds respond to survey, women line up to tell stories of harassment in politics must put words to action to end sexual harassment, intimidation Bergen Community College enrolls more than 13,000 students at its main campus in Paramus and at facilities in Hackensack and Lyndhurst. Hired in January 2019, Agnew was second in command, reporting to BCC's then-President Michael Redmond, and was also Bookhart\u2019s supervisor. According to the lawsuit, shortly after he was hired, Agnew asked her questions about her marriage and repeatedly inquired if he could trust her in ways that left her feeling \u201cuncomfortable.\u201d In May, Agnew entered Bookhart's office, shut the door and said he wanted to kiss her, according to the complaint. She changed the subject but \u201cwas in fear that because she did not comply with Agnew\u2019s desire to kiss her and discuss personal matters, he would terminate her.\u201d In June, Agnew invited her to talk about work at Bar Louie, a restaurant in Paramus, where he asked her a series of personal questions about whether she\u2019d ever cheated on her husband, her favorite sex position and whether she found him attractive, according to the suit. She became upset and asked to return to the office. That evening, Agnew told her to \u201cprotect him\" and not cause any problems, the lawsuit states. The misbehavior allegedly continued in June and July. According to Bookhart, Agnew repeatedly asked her to meet him on Fridays and weekends outside work but she declined. On another occasion, he insisted she look at a photo of him in a Speedo swimsuit, she said in the complaint. The harassment and fear for her job left her suffering from anxiety, she said. The lawsuit also accuses the college\u2019s human resource manager, Gwendolyn Harewood, of harassment, citing an occasion where she asked Bookhart about her bra color. Agnew later made a joke about it even though he was not in the room at the time, the lawsuit said. On another occasion, Harewood allegedly requested she lift her shirt. Harewood said Tuesday that she had not seen the lawsuit and could not comment. 2/27/25, 7:39 Bergen Community College, top official sued over sex harassment claim 2/4 On or about Oct, 7, Bookhart said, she was \u201cconstructively terminated\u201d \u2013 a legal term meaning a person felt compelled to resign due to a hostile work environment. Agnew entered her office the same day, asked her to dinner and grabbed her into a hug \u201cclose to his chest\u201d that made her \u201cextremely uncomfortable,\u201d according to the suit. About a week later, Bookhart said, she told Redmond that she'd been sexually harassed and the college launched an investigation. Redmond retired Dec. 31 and was replaced by interim President Anthony Ross. Bookhart accused defendants of violating Title of the federal Civil Rights Act of 1964 and New Jersey state law, which prohibit gender-based discrimination. The lawsuit also accused the college of \u201cnegligent hiring or retention\u201d saying the college \u201cknew or should have known\u201d about Agnew's employment history \u2014 although the suit does not raise any specific concerns or complaints about his past employment. Bookhart's attorney did not respond to requests for further comment. Agnew arrived at the college with a range of experience in higher education. He was a managing partner and president at the Sphinx Minerva Group, a Piscataway-based consultant for higher education, health care and nonprofit organizations. He was vice president for institutional advancement at Georgian Court University in Lakewood from August 2016 to November 2017 and served as a corporate chief development officer for the Robert Wood Johnson University Health System, according to his LinkedIn page and a news release issued by when he was hired. He also served as assistant dean of advancement and external relations at Rutgers and taught a course for the School of Communications and Media in the Fall 2018 semester at Montclair State University. Rutgers confirmed Agnew was employed at the university from 2008 to 2013, but said it had no record of sexual harassment complaints. Georgian Court and Montclair State confirmed his employment but said they could not discuss personnel matters Robert Wood Johnson spokesperson said policy also prevents them from providing information about employees, past or present. Agnew graduated from Utica College, got a master's in business administration from Syracuse University, and earned his Ph.D. at Rutgers, according to the press 2/27/25, 7:39 Bergen Community College, top official sued over sex harassment claim 3/4 release from Bergen Community College. In 2019, he was a recipient of the \u201cForty Under 40 Award.\" Hannan Adely is an education and diversity reporter for NorthJersey.com. To get unlimited access to the latest news, please subscribe or activate your digital account today. Email: [email protected] Twitter: @adelyreporter 2/27/25, 7:39 Bergen Community College, top official sued over sex harassment claim 4/4"} |
7,313 | William “Tony” Rivera | Duke University | [
"7313_101.pdf",
"7313_102.pdf"
] | {"7313_101.pdf": "Subscribe Donate Duke prof. found responsible for sexual harassment now works at Maryland Photo by Jeremy Chen | The Chronicle Update: The University of Maryland at College Park removed William \"Tony\" Rivera from teaching today after the publication of this article: Content warning: This story includes detailed accounts of sexual harassment. Editor\u2019s note: The Chronicle has changed the names of students with asterisks next to their names due to the sensitive nature of their stories. This story is the first of two that describes how Duke handled allegations of sexual harassment against a professor. The second story is about how power dynamics and other systemic forces delayed the reporting of sexual harassment in this case. Last semester, Duke found a professor responsible for violating its sexual harassment policy. Now, he\u2019s at the University of Maryland, where he will be teaching a course next Fall. His supervisor there was not aware that he violated the harassment policy at Duke until The Chronicle contacted him. By Likhitha Butchireddygari April 1, 2018 | 10:29pm 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 1/7 In an Office of Institutional Equity investigation, multiple current and former students and staff made sexual harassment allegations against William \u201cTony\u201d Rivera, former visiting professor with the Social Science Research Institute and director of the Laboratory for Unconventional Conflict Analysis and Simulation (LUCAS). The allegations documented in the sexual harassment report obtained by The Chronicle include making sex-related jokes\u2014such as jokes about genitalia, performing oral sex and the size of his penis\u2014and engaging in \u201cunwelcome conduct of a sexual nature.\u201d In January 2018, the University of Maryland announced that Rivera would work for one of its centers. The center\u2019s director later confirmed he was not aware of the allegations. Rivera said in a statement that the Duke investigation was not fair. \u201cIn an odd way, though, I\u2019m glad this is public so that a can speak to this once for all and b) so that can finally heal, let this go and move on to doing great work with committed students\u2014the vast majority of whom continue to work with me because they know me, trust me and know not just my mind, but my heart (some have testified in the kangaroo court and spoken to The Chronicle on my behalf),\u201d he wrote. The Chronicle spoke with seven individuals who were both Rivera\u2019s students and staffers about their experiences with him. Three of those students said that Rivera\u2019s conduct was always professional. But the others had a different experience just f***ing froze\u2019 One former student, Robert*, described several incidents when he felt Rivera was being predatory. The first incident occurred on the last day of Rivera\u2019s class in 2014, when Rivera took his students to an off-campus bar. Until that point, Robert said Rivera had dropped a few hints that he might be interested in him, such as inviting him to get away for a few days. Robert said he denied that request. At the off-campus bar, Robert, who was underage at the time, and other classmates were served alcohol and Robert got \u201cquite drunk.\u201d He left the bar and was walking back to his East Campus dorm. To his surprise, he realized Rivera was just behind him. Robert said they got onto the lawn when Rivera stopped him and said want you\u201d multiple times just f***ing froze,\u201d Robert said had no idea what to do. It was kind of like everything flashing before your eyes\u2014me deciding whether or not to stay or go. As tipsy as was was really thinking, \u2018What happens now? Is this guy going to ruin me if don't\u2026\u2019 All these thoughts raced through my mind.\u201d Robert said he thought a safe thing to do would be to kiss Rivera on the cheek, but almost immediately after, he realized it was a big mistake. He told Rivera don\u2019t want to do this\u201d and left for his dorm few days later, Robert also texted Rivera that he was \u201cuncomfortable with any kind of relationship that exceeds being professionals, teacher and student, and good friends.\u201d Rivera responded that the \u201cgist\u201d of Robert\u2019s message was \u201cclear,\u201d according to the report. In the 2017 investigation report, Rivera said \u201che \u2018bumped into\u2019 [Robert] after leaving [the off-campus bar], and [Robert] kissed him unexpectedly. He did not recall placing his hands on [Robert] or telling [Robert] he wanted him.\u201d For about a year, Robert said he and Rivera didn\u2019t communicate. Robert knew some of his friends were taking Rivera\u2019s capstone seminar and were involved in his lab. He decided to work with Rivera professionally, as students he trusted worked in Rivera\u2019s lab. At an out-of-state conference more than a year after the first incident, Rivera and other conference-goers made plans to go out after dinner, during which some of them drank alcohol, Robert said. They went to a whiskey bar and drank there as well. Robert and Rivera headed back to the hotel. Another student was in Rivera\u2019s room because he was a last-minute addition to the trip, so Robert ended up discussing lab work in Rivera\u2019s hotel room while the other student was asleep thought if [the student] is there, this should be okay,\u201d Robert said. \u201cLike if [the student] is there, I'm okay can go there to his room can bring my journal and we can talk business.\u201d 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 2/7 Get The Chronicle straight to your inbox Sign up for our weekly newsletter. Cancel at any time. At first, everything seemed normal. Rivera was receptive to Robert\u2019s ideas and wanted him to follow up via email, Robert added. Then, they stepped out of the room to get a bottle of water. On the way back, Robert said Rivera surprisingly made a physical advance toward him. \u201cThis time, he more aggressively stops me, turns me around and tries to like kiss me, tries to forcibly kiss me,\u201d Robert said, adding that he was able to lean back so there wasn\u2019t any contact and that he forcibly told Rivera, \u201cNo!\u201d Rivera had a different version of events. In the 2017 investigation report, he \u201cindicated no recollection of attempting to kiss [Robert] during the conference categorically deny, in the strongest possible way, any accusations that state or imply that have inappropriately touched someone,\u201d he said in his statement to The Chronicle. \u201cAnyone who knows me knows would never violate someone\u2019s physical space and anyone who knows me well, who knows my personal history, knows why that\u2019s the case.\u201d Three current and former students referred by Rivera to The Chronicle said that Rivera has never made advances toward them. Those students said that he has always conducted himself in a professional way. One said his experience working with Rivera was \u201coverwhelmingly positive.\u201d Other allegations Another student, Noah*, reported unwelcome advances from Rivera since the beginning of their working relationship. For Noah, it was smaller incidents over time. Noah said Rivera told him that he was attracted to him soon after they first met. Noah replied that he was uncomfortable with Rivera saying that. \u201c[Rivera] wanted to assure me that he would never act on his urges, which think is so strange that he should have to say that,\u201d Noah said didn't think much of it at the time.\u201d Noah said he felt that Rivera was resisting the urge for sexual advances. However, Rivera disputed this in his comments to in the report. \u201c[Rivera] indicated, \u2018without context,\u2019 he did not recall telling [Noah] that he found him attractive, physically and as a person,\u201d the report says. \u201cDr. Rivera explained he could possibly see himself telling someone he/she was attractive in the appropriate context. Additionally, he explained he could see himself telling [Noah] that he found him attractive in terms of his leadership potential and his potential to contribute to the lab.\u201d Noah, Robert and another male student, who worked at and took Rivera\u2019s class, said that he would make inappropriate comments. However, three other students The Chronicle interviewed denied ever hearing such comments during the time they have worked with Rivera. In the report, Rivera had an explanation for unsavory comments and the allegation that he simulated unzipping his pants and asked if his penis was sufficient to make a measurement. \u201cDr. Rivera replied that he could not categorically deny he has ever made jokes related to parts of the anatomy. Dr. Rivera stated, \u2018As a caveat always ask students and staff in the lab to tell me if they are uncomfortable with anything say,\u2019\u201d the report noted. \u201cIn response to the allegation that he simulated unzipping his pants, Dr. Rivera said he did not specifically recall doing so, but it could have been possible, depending on the context and who was present.\u201d The three students echoed Rivera\u2019s statement, saying that Rivera made it clear that if they felt uncomfortable by his comments, they could tell him. Your email address Subscribe 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 3/7 \u201cAt no point have witnessed any behavior that would even remotely consider to be unprofessional,\u201d one of the students said. \u201cDr. Rivera has consistently made it really clear that he values feedback on his communication style. I\u2019ve never once seen him respond to any feedback like that negatively or disrespectfully.\u201d Another former student and staffer, Emma*, felt that Rivera had treated her differently after she rejected his proposals to start a romantic relationship. After she rejected him, he turned cold toward her, she claims. \u201cWhen rebutted him the last time, our working relationship changed drastically,\u201d she said. \u201cHis mood around me, which had always been joking and friendly with non-work situations and serious and considerate for work-related interactions, turned cold, bordering on hostile.\u201d In the report, Rivera \u201cdeclined to provide further response\u201d when asked if he had ever expressed a romantic interest in Emma. Was the process fair? In his statement to The Chronicle, Rivera wrote that the investigation was unfair. \u201cWhen these accusations were first brought to me refuted with logic, fact and evidence certain key points in these scurrilous allegations,\u201d he wrote. \u201cThese were ignored by the \u2018investigator,\u2019 Lonnie Hinton. Not one piece of exculpatory evidence that brought forth made it into the final report, not one. Further pointed out to officials at Duke that the investigation violated Duke policy on several critical points.\u201d One of his points was that the investigation ignored OIE\u2019s statute of limitations. According to the policy, there is a statute of limitations for when a complainant can file a complaint against professors and supervisors\u2014\u201cno more than a year after the most recent conduct alleged to constitute harassment.\u201d The report says Robert spoke with in 2014, 2015 and 2017, but did not name Rivera until a fourth time, in May 2017 after his senior spring semester, for fear of retribution. Without the name could not act. So, although Robert spoke with within a year of each incident, the actual investigation happened two or three years after the events. Rivera wrote in a statement that because the events took place long ago, it made it hard for him to remember what happened. \u201cIt is impossible to remember years after the fact (which is why Duke has a statute of limitations, which was totally ignored), whether this or that was said, the context in which it was said, who was or was not present and a bunch of other important details, that any researcher (let alone a competent investigator or news outlet) worth their salt would want to know before judging or publishing,\u201d he wrote. Hinton, equal opportunity and compliance investigator for and the investigator on this case, did not respond in time for publication. Howie Kallem, assistant vice president of OIE, replied on his behalf, noting first that Duke does not comment on specific cases. However, he did make a general statement about the statute of limitations policy. \u201cHarassment complaints often consist of a series of acts over time; while an individual act may not be a policy violation, a number of acts taken together can cumulatively be sufficiently severe, persistent or pervasive to be a policy violation,\u201d he wrote. OIE\u2019s statute of limitations does have exceptions. The policy says these exceptions apply \u201cif the nature of the allegation or complaint is particularly egregious,\u201d which will be determined by OIE, and if initiates the complaint within a year of learning about the incident. There is another way the investigation might not have been in accordance with OIE\u2019s policy. After Robert reported Rivera by name in May 2017, the investigation gathered comments from seven other current and former students\u2014male and female\u2014who had worked at the lab. The report was released Sept. 4, 2017. However, page seven of the policy states that \u201cthe informal process shall extend no longer than 45 business days after the allegation is made.\u201d In another place of the same policy\u2014page 10\u2014it says the informal process \u201cwill generally take no longer than 45 business days from the time of the filing of the complaint; if the process will take longer, the parties will be notified (including as to the reasons for the delay).\u201d 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 4/7 This case went through the informal process, as there was no hearing. \u201cThe complaint process is designed to provide a timely, fair and balanced investigation and outcome,\u201d Kallem wrote. Did Duke comply with Title IX? The investigation found that Rivera\u2019s conduct was \u201csufficiently egregious or persistent so as to violate the harassment policy.\u201d \u201cThe information gathered in this investigation is sufficient to support a finding that Dr. Rivera\u2019s conduct created a hostile work and learning environment. The interviews indicated Dr. Rivera consistently made sexually explicit comments to staff and students,\u201d the report stated. \u201cGiven the information obtained from the investigation, there is a sufficient showing that Dr. Rivera engaged in unwelcome conduct of a sexual nature with...students and staff under Dr. Rivera\u2019s supervision.\u201d It is unclear whether Duke had to report this finding to the federal government because of a grant Rivera received. In 2014 under Rivera\u2019s leadership received a three-year, $1.6 million grant from the Minerva Research Initiative, which is administered by the Department of Defense. Because it involves federal funding, the Minerva Initiative must comply with Title IX, said Carla Gleason, public affairs specialist for the Department of Defense. She added that Title complaints, which can include sexual harassment complaints, should be filed in accordance with a university\u2019s policies and in coordination with the university Title coordinator\u2014Kallem at Duke\u2014who is required to report information about those complaints to the Department of Defense. Those reports could initiate investigations and possibly affect the grant. \u201cWe do not have any Title complaints [from Duke] at this level,\u201d she wrote last Monday. \u201cThat does not mean they don't exist.\u201d However, Kallem wrote last Friday that Duke did not have to report findings of sexual harassment to the Department of Defense in this case. \u201cIt is our interpretation that the grant that you reference has no requirement for Duke to report findings of harassment to the Department of Defense,\u201d he wrote. \u2018Tony came highly recommended to us\u2019 According to page 14 of the Harassment Policy and Procedure, the office will notify the parties of any sanctions that \u201crelate directly to them\u201d and will verify that remedial actions have been implemented. It does not say whether will inform both parties of sanctions, nor does it mention informing anyone not party to the case of disciplinary actions. Michael Schoenfeld, vice president for government relations and public affairs, declined to comment about whether Rivera was disciplined for violating the harassment policy to protect the \u201cprivacy of our employees and the integrity of the investigative process.\u201d However, he noted that Rivera is no longer an employee of Duke. Rivera now works at the University of Maryland at College Park. According to UMD\u2019s schedule of classes for Fall 2018, Rivera is slated to teach an online course called \u201cMotivations and Intents of Terrorists and Terrorist Groups Jan. 24 press release from the University of Maryland noted that Rivera was taking a new job at its National Consortium for the Study of Terrorism and Responses to Terrorism (START). There, he is a \u201cinvestigator\u201d and \u201cresearch affiliate.\u201d 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 5/7 Jack Dolgin William \"Tony\" Rivera now works for the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland at College Park. \u201cTony came highly recommended to us for his passion for counterterrorism focused research that can inform policy and practice, as well as for mentorship,\u201d said William Braniff executive director, in the Jan. 24 press release. There is no mention of who \u201chighly recommended\u201d him. When The Chronicle reached out to Braniff, he wrote in a March 16 email that he was not aware of the sexual harassment allegations made against Rivera. \u201cThe allegations referenced in your inquiry to Dr. Rivera are the first that am learning of this,\u201d he wrote appreciate you bringing this to my attention, so the matter can be addressed.\u201d Braniff declined to comment further on how the matter would be addressed. Read the second part of this series here. If you have had experiences with sexual harassment or the Office of Institutional Equity that you would like to share with The Chronicle in a confidential manner, please contact Likhitha Butchireddygari at [email protected]. Read Rivera\u2019s full statement below: Tony Rivera Statement for the Chronicle by thedukechronicle on Scribd 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 6/7 Statement for the Chronicle While had a more detailed account ready, the decision of the Chronicle\u2019s editorial board to sensationalize this story constrained my ability to cooperate. The motivation here is clearly not about the truth, but an agenda. Nevertheless must make four points. 1) When these accusations were first brought to me refuted with logic, fact, and evidence certain key points in these scurrilous allegations. These were ignored by the \u201cinvestigator ,\u201d Lonnie Hinton. Not one piece of exculpatory evidence that brought forth made it into the final report, not one. Further pointed out to officials at Duke that the investigation violated Duke policy on several critical points. The reasons did not avail myself of legal recourse at that time are a had several employees whose interests were very important to me b) the work we were doing was also very important c was assured of nondisclosure (a nondisclosure that have honored and continue to honor because am a man of honor), and d) we came to a resolution that was meant to satisfy all parties of good faith. Those of good faith were satisfied. To be clear, my silence at the time was not an admission of guilt. It was a reasonable response to a wicked problem did not even read the report until last week. For further evidence of incompetence, or malice, on behalf of Lonnie Hinton, the so-called investigator of these allegations, some of which are pure lies, there were things in the final report that were not brought to my attention during the travesty of an investigation he perpetrated. This violates a fundamental basis of fairness \u2014 enabling the respondent to mount a proper defense \u2014 and shows what a travesty this was. And since they are printed here with my name, what a travesty this continues to be. 2 categorically deny, in the strongest possible way, any accusations that state or imply that have inappropriately touched someone. Anyone who knows me knows would never violate Download this 1 / 2 Likhitha Butchireddygari Follow Likhitha on Twitter Class of 2019 Editor-in-chief 2017-18, Local and national news department head 2016-17 Born in Hyderabad, India, Likhitha Butchireddygari moved to Baltimore at a young age. She is pursuing a Program major entitled \"Digital Democracy and Data\" about the future of the American democracy. 2/27/25, 7:39 Duke prof. found responsible for sexual harassment now works at Maryland - The Chronicle 7/7", "7313_102.pdf": "Search former Duke professor found responsible for sexual harassment works at Admin \u00b7 December 31, 0999 Share Tweet E-mail Menu 2/27/25, 7:39 former Duke professor found responsible for sexual harassment works at - The Diamondback 1/7 former Duke professor found responsible for sexual harassment last semester now works at the University of Maryland. William \u201cTony\u201d Rivera, who was previously a visiting professor with the Social Science Research Institute at Duke and director of the Laboratory for Unconventional Conflict Analysis and Simulation, had numerous sexual harassment allegations against him, according to an Office of Institutional Equity report obtained by The Chronicle, Duke\u2019s student newspaper. The report covered allegations including sex-related jokes and \u201cunwelcome conduct of a sexual nature,\u201d according to The Chronicle Jan. 24 news release announced Rivera had joined this university\u2019s National Consortium for the Study of Terrorism and Responses to Terrorism. The center\u2019s website lists him as the director and lead scientist of its Strategic Influence Initiative, as well as an investigator and research affiliate. Rivera was also slated to teach BSST630: Motivations and Intents of Terrorists and Terrorist Groups, an online course, in fall 2018, according to this university\u2019s schedule of classes. But START\u2019s executive director, William Braniff, told The Chronicle in an email that Rivera will no longer be teaching the course. 2/27/25, 7:39 former Duke professor found responsible for sexual harassment works at - The Diamondback 2/7 \u201cUpon hearing these allegations, we immediately contacted this individual\u2019s previous employer and are seeking information so that we may take appropriate actions,\u201d Braniff wrote. \u201cThe safety and well-being of our students is of paramount importance. We have removed him from the online course he had been assigned to teach this fall and will reassign it to another instructor while we review these allegations. At no time has this individual interacted with students during his brief time at the University of Maryland.\u201d [Read more expelled one student for sexual misconduct last year] On Monday, Braniff sent a message to the community about the matter, university spokeswoman Jessica Jennings wrote in an email. He wrote that first heard of the claims against the employee through a student journalist, and is now learning the extent of them through The Chronicle\u2019s story. Braniff, who said in the January release that Rivera was \u201chighly recommended,\u201d told The Chronicle in an email that he was not aware of the sexual harassment allegations, and declined to comment before the publication of its story as to how the matter would be addressed. Duke\u2019s government relations and public affairs vice president, Michael Schoenfeld, did not say whether the university had punished Rivera, citing privacy concerns and \u201cthe integrity of the investigative process,\u201d according to The Chronicle. The investigation gathered enough information to conclude that \u201cDr. Rivera\u2019s conduct created a hostile work and learning environment,\u201d according to the report obtained by The Chronicle. \u201cThe interviews indicated Dr. Rivera consistently made sexually explicit comments to staff and students,\u201d the report stated. \u201cGiven the information obtained from the investigation, there is a sufficient showing that Dr. Rivera engaged in unwelcome conduct of a sexual nature with\u2026students and staff under Dr. Rivera\u2019s supervision.\u201d In a statement Rivera submitted to The Chronicle, he said the investigation into the allegations was unfair, citing concerns with the statute of limitations and \u201cincompetence, or malice\u201d from the investigator. His full statement can be found here. 2/27/25, 7:39 former Duke professor found responsible for sexual harassment works at - The Diamondback 3/7 categorically deny, in the strongest possible way, any accusations that state or imply that have inappropriately touched someone. Anyone who knows me knows would never violate someone\u2019s physical space and anyone who knows me well, who knows my personal history, knows why that\u2019s the case,\u201d he wrote have a very strict code of personal ethics regarding people\u2019s physical space and any allegations to the contrary originate from malice and abide in falsehood.\u201d In a statement submitted to The Diamondback Wednesday, Rivera reiterated that the Duke investigation was unfair. \u201cThe University of Maryland community should know the following,\u201d Rivera wrote. \u201cThe same person who lied, who fabricated stories, also went to the press. It is a deliberate attempt to ruin my reputation and career and to hurt me in the worst possible way.\u201d Rivera wrote that in his time at Maryland, his project has hired three students, but he has not met them. He wrote he recognizes that his \u201ccommunication style, particularly in trying to create a flat organization, needs adjustment,\u201d and has asked for additional training. Schoenfeld wrote in an email that \u201c[w]e don\u2019t comment on personnel matters DIAMONDBACK. CATEGORIES: Campus News Recommended Articles 2/27/25, 7:39 former Duke professor found responsible for sexual harassment works at - The Diamondback 4/7 Students protest UMD\u2019s willingness to host ICE, defense contractors at spring career fair Katharine Wilson 7 hours ago About 1000 community members rally for graduate student collective bargaining rights Sam Gauntt 10 hours ago leaders, students hope to continue efforts despite Trump administration threats Pera Onal 16 hours ago 2/27/25, 7:39 former Duke professor found responsible for sexual harassment works at - The Diamondback 5/7 News Campus Local Nation Science & Tech State World Sports Field Hockey Football Men's Basketball Men's Lacrosse Men's Soccer Women's Basketball Women's Lacrosse Women's Soccer Volleyball Diversions Arts Books Campus Life Culture Fashion Food Gaming Movies Music Tech The Dive Opinion Column Guest Column Staff Editorial Cartoon Multimedia Podcasts Video Other Links 2/27/25, 7:39 former Duke professor found responsible for sexual harassment works at - The Diamondback 6/7 Advertising Awards Classifieds Contact Us Puzzles Donate Policies Print Archive Privacy Sponsored Articles The David E. 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7,282 | J. Floyd Tyler | College of Charleston | [
"7282_101.pdf",
"7282_101.pdf"
] | {"7282_101.pdf": "WASHINGTON, Respondent, v A. TYLER, Appellant. NO. 68974-6-1 FILED: November 18, 2013 t_AUi j. _ Floyd Tyler appeals hisfirst degree child rape conviction. He contends that defense counsel provided ineffective assistance byfailing to object when the State elicited testimony from two police officers that he admittedly ejaculated 10 to 15 minutes after engaging in sexual intercourse with the victim. Because the trial court likely would have overruled Tyler's proposed relevance and unfair prejudice objections, we reject his ineffective assistance claims and affirm his conviction Eight year old and her two youngersisters lived with their mother, theiraunt, the aunt's boyfriend, Tyler, and Tyler's son. One night, the motherand aunt left the children in Tyler's care. While watching television with KG, Tyler suggested that he and 68974-6-1/2 play a game called \"Truth or Dare.\" Verbatim Report of Proceedings (May 10, 2012) (VRP) at 358. Tyler initially proposed \"simple\" dares but later suggested that put his penis in her mouth. According to KG, Tyler unzipped his pants, told her to open her mouth, and placed his penis inside. He then pulled down KG's pants and placed his mouth on her \"privates\" for a few seconds left the room and played with her sisters and cousin in the adjoining hallway. Tyler later called into another room. When entered the room, she found Tyler sitting down with the lights off. According to KG, Tyler pulled down her pants and underwear and placed her on his lap testified that she could feel Tyler's \"bare penis\" on her butt at 365. When asked at trial where on her butt she felt Tyler's penis, she said believe my butt hole at 366. She stated believe Ifelt a pinch, but I'm not certain know it didn't\u2014it felt bad like it didn't\u2014it hurt at 366. One of KG's sisters interrupted Tyler when she ran into the room crying jumped up, pulled up her pants, and ran out of the room. She testified that she could not recall what happened after she left the room. When was 14 years old, she spoke to her mother about the incident. Her mother reported the incident to the police. Tyler initially denied any wrongdoing. During a follow-up interview, however, he acknowledged that some sexual contact occurred. City of Kent Detective Steven Kelly conducted the follow-up interview. At trial, he testified that Tyler blamed for initiating contact: Q. [Prosecutor:] Now, after [Tyler] told you what his understanding of the allegations were, did he make any statements about whether those things actually did happen? A. [Detective Kelly:] Yes. Q. And what did he say about that at first? -2- 68974-6-1/3 A. That [KG] never touched his penis with her mouth. Q. And what did he later say about what had happened? A. That it did occur. Q. Did he say anything more specific about it occurring? A. Yes. [Tyler] said that [KG] wanted to and he said no, that [KG] pretty much forced herself on him. That he knew it was wrong; that she grabbed his penis after pulling his pants down . . . and that when [KG] put [her] lips on his penis, he said no, pulled that [sic] up his pants, left the room, and went down stairs; and that he did not talk with [KG] about the incident again at 307-08. Detective Kelly also testified that Tyler admittedly masturbated to ejaculation shortly after the encounter with KG: Q. [Prosecutor:] Did you ask [Tyler] any further questions about the incident after confirming that you had the summary [of his interview statement] correct? A. [Detective Kelly:] Yes did. Q. And what did you ask him asked if he ejaculated with [KG], and he said he had not. Q. Did he indicate to you that he had ejaculated at any point shortly thereafter? A. Yes, he did. Q. Tell me what he said. A. He said about 10 to 15 minutes later, when [KG] was not around, he masturbated to ejaculation at 309-10. Defense counsel raised no objection to this line of questioning. Detective Gerald Gee watched Tyler's follow-up interview with Detective Kelly through a one-way window. At trial, the State elicited additional testimony from Detective Gee regarding Tyler's admitted ejaculation: Q. [Prosecutor:] And Iguess, what did the Defendant first say in that interview [with Detective Kelly] about what had happened? A. [Detective Gee:] Idon't know when\u2014it was sometime during the interview [Tyler] stated that he had\u2014or that [KG]\u2014he was playing a video game and [KG] had pulled his pants down and his underwear down and put her lips on his penis. Q. When you say sometime during the interview. In the initial portion of the interview what was he saying about the incident? A. He was denying it. -3- 68974-6-1/4 Q. So then some time into the interview he makes those statements. Did he make other statements about what had happened to [KG]? A. He made a statement about\u2014Detective Kelly asked [Tyler] if he ejaculates and [Tyler] stated no, but then a few minutes later he stated that he did after he masturbated. First he stated he ejaculated later that evening with [KG's mother], but then added\u2014said that he ejaculated, Ithink itwas like ten minutes after that, after the incident with at 411-12. Again, defense counsel raised no objection. Tyler did not testify. The jury returned a guilty verdict on the sole charge of first degree child rape, and the court imposed a standard range sentence. Tyler appeals Tyler contends that defense counsel rendered ineffective assistance by failing to object when the State elicited testimony from Detectives Kelly and Gee that, during the follow-up interview, Tyler admitted to ejaculating shortly after his encounter with KG. He argues that counsel should have objected on grounds of relevance and unfair prejudice. For the reasons discussed below, this argument fails. \"The Sixth Amendment to the United States Constitution and article I, section 22 of the Washington Constitution guarantee the right to effective assistance of counsel.\" State v. Grier, 171 Wn.2d 17, 32, 246 P.3d 1260 (2011). Where the defendant claims ineffective assistance based on counsel's failure to challenge the admission of evidence, he or she must show \"that not objecting fell below prevailing professional norms, that the proposed objection would likely have been sustained, and that the result of the trial would have been different if the evidence had not been admitted.\" In re Pers. Restraint of Davis, 152 Wn.2d 647, 714, 101 P.3d 1 (2004) (footnotes omitted). \"There is a strong presumption that trial counsel's performance was adequate, and exceptional -4- 68974-6-1/5 deference must be given when evaluating counsel's strategic decisions.\" State v. McNeal. 145 Wn.2d 352, 362, 37 P.3d 280 (2002). \"[Although the presumption of effectiveness can fail ifthere is no legitimate tactical explanation for counsel's actions, there is no ineffectiveness ifa challenge to admissibility of evidence would have failed.\" State v. Nichols. 161 Wn.2d 1, 14-15, 162 P.3d 1122 (2007) (citations omitted). Tyler's proposed relevance and unfair prejudice objections likelywould have been overruled. Evidence is relevant ifit has \"any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence 401. \"All relevant evidence is admissible, except as limited by constitutional requirements or as otherwise provided by statute, by [the Rules of Evidence], or by other rules or regulations applicable in the courts of this state 402. Relevant evidence \"may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence 403. \"[T]he threshold for relevance is extremely low under 401 \" City of Kennewick v. Day. 142 Wn.2d 1,8,11 P.3d 304 (2000). Relevance merely requires a \"logical nexus\" between the evidence and the fact to be established. State v. Peterson, 35 Wn. App. 481, 484, 667 P.2d 645 (1983). During his follow-up interview, Tyler initially told Detective Kelly that the alleged wrongdoing never occurred. Though he later admitted that some sexual contact occurred, he claimed that \"pretty much forced herself on him\" and that, when put her lips on his penis, he said \"no,\" pulled up his pants, and leftthe room at 308. The fact that Tyler admittedly ejaculated 10 to 15 minutes after the encounter with -5- 68974-6-1/6 makes it considerably less probable that his eight-year-old victim forcefully initiated unwanted sexual intercourse. It also undermines Tyler's assertion that he immediately terminated the encounter by saying \"no\" and walking away. Further, as Tyler acknowledges in his brief, \"[T]he evidence gave jurors an explanation for why Tyler would engage in such conduct: it excited him, aroused him, 'turned him on.'\" Br. of Appellant at 8 (emphasis in original). Because the evidence easily meets 401's low threshold, any relevancy objection likely would have been overruled. While evidence that Tyler ejaculated shortly after the incident was certainly damaging to the defense case, itwas not unfairly prejudicial. Evidence is unfairly prejudicial when it carries \"an undue tendency to suggest [a] decision on an improper basis, commonly, though not necessarily, an emotional one.\" State v. Hanson, 46 Wn. App. 656, 731 P.2d 1140 (1987): see also State v. Powell. 126 Wn.2d 244, 264, 893 P.2d 615 (1995) (danger of unfair prejudice exists when evidence is likely to stimulate an emotional rather than a rational response). \"[T]he linchpin word is 'unfair.'\" State v. Bernson, 40 Wn. App. 729, 736, 700 P.2d 758 (1985). Here, the evidence at issue helped the jury rationally evaluate Tyler's assertion that \"pretty much forced herself on him at 308. The evidence was particularly probative in light of Tyler's general denial of the charge. Bernson, 40 Wn. App. at 736 (\"Addition of the word 'unfair' to prejudice obligates the court to weigh the evidence in the context of the trial itself, bearing in mind fairness to both the State and defendant.\"). As with Tyler's proposed relevancy objection, any objection on the basis of unfair prejudice likely would have been overruled. -6- 68974-6-1/7 Because Tyler has not demonstrated that his proposed evidentiary objections \"would likely have been sustained,\" we reject his ineffective assistance claims. Davis, 152 Wn.2d at 714. We affirm his first degree child rape conviction CONCUR: ^ ,A/^yr / -n ^? So -7-"} |
7,692 | Paul Kroll | University of Colorado – Boulder | [
"7692_101.pdf"
] | {"7692_101.pdf": "Jennifer Miller had put up with all she was going to take. An employee of the University of Colorado for almost thirty years, she'd risen from the ranks of the typing pool to a high- profile, $42,000-a-year job on the administrative support staff. But they couldn't pay her enough to turn... Jennifer Miller had put up with all she was going to take. An employee of the University of Colorado for almost thirty years, she'd risen from the ranks of the typing pool to a high-profile, $42,000-a-year job on the administrative support staff. But they couldn't pay her enough to turn a blind eye to what she saw as sexual shenanigans and an abuse of raw power unfolding in her office on the Boulder campus--a situation that, by Miller's account, drove her into therapy and out of a job. Last year her therapist encouraged Miller to write an \"uncensored letter\" to her ex-boss. It was an opportunity to vent her feelings, even though the letter wouldn't actually be sent. So she sat down at her computer and typed one last memo to the man she considered to be at the root of her unhappiness and many other problems at CU: James Corbridge, the chancellor of the Boulder campus from 1986 until 1994 and for twenty years one of the top administrators in higher education in the state. Dear Jim, It is time you knew how have felt about you and your treatment of me and others was warned before ever went to work for you that you had an eye for the women remember one time when you came back from California and you had met a woman We Came, We Sauced, We Conquered: The Ultimate Guide to the Best Pizza in Denver Fear and Groping in Boulder By Alan Prendergast June 6, 1996 [who] seemed to fascinate you and we began to call her endlessly for you. You would have me call her out of meetings and track her down because you wanted to talk to her. It was sickening to watch. Then there were the coeds who would catch your eye and more than once saw the disgusting way you would just stare at some blond young thing with your mouth half open and you would try to find a reason to go up to that young woman to strike up a conversation. You would always talk about how bright they were and perhaps should create a job on your staff so that you could hire them. Sometimes did try to create positions as you requested but the positions were always so vague...Foolish me tried to develop real job descriptions with real assignments, but that isn't what you were really interested in...Women knew you had power and the young ones were always mesmerized by you. What seemed to distress Miller the most were what she called \"the little flirtations\" within the chancellor's office. There was the co-worker who \"always came out so well\" on raises and promotions and was allowed time off from work \"to get her legs waxed, her hair cut, her nails done.\" Another woman drove Corbridge to the dry cleaner and the barber and stayed after work sipping wine with him in his office. The chancellor was openly affectionate with both of them, Miller wrote, while Miller was expected to chill the wine for after-hours get-togethers and to arrange dates for her boss hated it and should never have had to do it should have told you to get your own dates but never understood what lines could draw and still keep my job saved your ass and made you look good, and furthered your standing many times. But couldn't save you from yourself. You always had a strong tendency to think with your pants and not your head. Last November Miller filed a lawsuit against Corbridge, current Chancellor Roderick Park and CU's Board of Regents. She claims that Corbridge created a \"sexually charged atmosphere\" in the office during the six years she worked for him; asked her for dates and harassed her after she let him know his advances were \"unwelcome and inappropriate\"; rewarded those who responded to his attentions with extravagant raises, promotions, travel and other benefits, all at university expense; and punished Miller by denying her professional advancement and unfairly reassigning job duties. In court filings officials including Corbridge have denied virtually all of Miller's allegations. Corbridge, who has returned to his faculty post as a tenured law professor, has suggested that his former assistant misinterpreted his efforts to offer her \"the opportunity to have a glass of wine following working hours in order to further develop professional camaraderie.\" University attorneys have fought to keep details of the case secret, obtaining a gag order on the discovery process last month after excerpts from the deposition of former president Judith Albino, dealing with information she'd received about Corbridge's alleged womanizing, surfaced in the Rocky Mountain News. \"This relatively straightforward case of sexual harassment has evolved into a high profile case which has been sensationalized by the media,\" declared federal magistrate Donald Abram, in granting the gag order. \"I've never seen a deposition like that of Judith Albino and misuse of the system as I've seen in this case. It's disgusting.\" Sensational? You bet. Disgusting? Perhaps. But straightforward? Think again. Miller's case is the latest in a series of high-profile lawsuits involving claims of sexual discrimination and harassment at CU. The complaints range from sexual favoritism and academic sabotage to egregious misuse of public funds; what they have in common, though, is an alleged pattern of retaliation and other improprieties by key university officials that tended to escalate the disputes rather than resolve them. Several of the women involved say they turned to the courts only after becoming convinced that the administrators who were supposed to investigate their grievances were more interested in protecting the status quo--which, at CU, consists of a byzantine web of personal and professional relationships, brazen conflicts of interest and power- brokering. For most of his three decades in Boulder, Corbridge has been one of the main players in the game, an award-winning teacher who moved quickly into administrative work. At one point, before the selection of Judith Albino, he was considered a serious contender for the job of president, and as chancellor, he was far more directly involved in the day-to-day operation of the Boulder campus and its ten colleges than Albino. He also had control over a discretionary budget for his office--over and above routine expenditures for salaries and other operating expenses--that reached as high as $300,000 a year. Miller's suit raises troubling questions about how those funds were used and about Corbridge's role in handling sexual-harassment complaints campus- wide. \"Obviously has a real big problem,\" says Karen Ashmore, founder of a harassment- victims' support group in Boulder, half of whose membership consists of faculty, staff and students. \"For some of these administrators to deal with this issue, they'd have to get rid of themselves.\" University officials say they have \"zero tolerance\" for harassment, but their record on the matter has been mixed. Over the past three years has paid nearly a million dollars in settlements of discrimination and harassment lawsuits involving the Boulder campus, but few, if any, professors or administrators have been disciplined for any wrongdoing. (The exact number is difficult to determine, since campus officials decline to discuss specifics and past efforts at \"punishment\" have been ambiguous.) In addition, the university has shelled out hundreds of thousands of dollars in legal fees from its insurance pool, including fees for private attorneys to defend Corbridge and other employees. Other complaints have been settled quietly by internal committees that have recommended that the university pay for counseling sessions or waive tuition charges for harassment victims. Last fall Chancellor Park unveiled a long-awaited, tougher policy for dealing with harassment, and CU's new president, John Buechner, has vowed to crack down on offenders. Critics say the new policy is an improvement but lacks teeth, since the internal groups that investigate harassment have no power to enforce their own recommendations; disciplinary actions are left up to deans and other administrators. Yet since the policy was implemented, the number of formal complaints to the campus's Sexual Harassment Committee has risen dramatically, from eleven cases in three years to more than twenty cases in the past eight months. \"The old policy was really written to protect the university,\" says Susan Cherniack, a former professor and co-founder of Ashmore's support group. \"The rise in the number of cases isn't an indication that everyone is suddenly crying wolf, but it shows how difficult it was to come forward before.\" Miller, Corbridge and several other officials decline to talk to Westword. But interviews with other litigants and a review of court records and internal university documents indicate that protracted disputes involving harassment claims continue to fester at CU. The cases range from the controversy surrounding Corbridge's largess-- including trips to Geneva, Toronto and other cities for one globe-trotting assistant, as well as big-ticket spending on raises for female support staff that would eventually be challenged by President Albino--to a four-year-old case involving a seventeen-year-old freshman and one of the most celebrated professors on the Boulder campus. University officials' response to the surge of harassment complaints has been to deny the problem, buy off litigants and shrug off criticism. Requests for data and clarification on harassment issues have been met with delays, obfuscation and polite refusals to comment, with the usual proviso that the matters are \"in litigation\" and thus somehow immune from scrutiny (see related story, this page). And in several instances, the litigation has been resolved with a settlement that skirts the issue of guilt or exoneration of the people involved and prevents the parties from discussing their claims. The situation has rattled students, ruined careers, and left the taxpayers to foot the bill. Any way you look at it, CU's ongoing course in sex education is proving to be an expensive lesson. Freshman Disorientation One day in June 1995, Sarah, a 34-year-old graduate student, stepped out of the confidential confines of CU's Ombuds Office, carrying with her a gnawing sense of unease. Her confrontation with the ghosts of her past had not gone at all the way she expected. The Ombuds Office assists students, faculty and staff in informally resolving disputes. Sarah (who asked that her real name not be published) had used the process to arrange a meeting with Rustem Igor Gamow, a professor in the Department of Chemical Engineering, mediated by ombudsman Tom Seebok. She wanted an apology from Gamow for something that had happened almost thirteen years earlier, and she got it. But something else said in that room had unsettled her, and she was beginning to wonder whether she'd really achieved her goal biologist by training and a former dancer in the National Ballet, Gamow had one of the best-known names on campus. His father, physicist George Gamow, had been one of the principal proponents of the \"big bang\" theory of the origin of the universe and a pioneer in research; a science award and a building at CU, Gamow Tower, are dedicated to his memory. The younger Gamow had earned three degrees at and joined his father on the faculty in 1968, shortly before George's death. In the decades since, Igor Gamow had carved a niche for himself in Boulder as a flamboyant, unorthodox figure who rode a motorcycle by day and an Arabian stallion named Pegasus at night. He supervised off-campus programs in Nepal, taught courses in \"creative technology\" and \"animal locomotion,\" and frequently collaborated with students on his ceaseless stream of inventions, which included a running shoe, a pressurized snorkel and the Gamow Bag, a contraption for treating high-altitude sickness. His Biological Altitude Testing laboratory, known as the Lab, was festooned with Batman and Star Trek memorabilia, as well as other artifacts reflecting his eclectic interests in horses, mountain climbing, poetry and Eastern philosophy. Sarah had come to know Gamow in the fall of 1982, when she was a 21-year-old junior and treasurer of CU's chemical-engineering student society. Gamow was the faculty advisor to the group and talked with her one-on-one on several occasions. Although the professor sometimes made \"vaguely suggestive comments,\" Sarah later wrote wrote such things off as misinterpretations on my part, or transient weirdness on his part.\" Gamow, after all, was more than twice her age, married, and a college professor--the kind of person she \"automatically trusted.\" According to Sarah, one cold November night Gamow offered her a ride home--not by steed or chopper but by pickup truck. But instead of taking her home, she says, he drove her to Chautauqua Park and began to embrace and fondle her. Sarah characterizes the incident as an assault, one she didn't resist because she was \"frozen with fear.\" The encounter ended only when she managed to blurt out, \"This is really wrong\"--at which time Gamow ceased his advances and took her home. That night, she adds, changed the entire course of her academic career. Her plummeted, and she changed her major just to avoid Gamow. \"Academically, it had an effect until finished my degree,\" she says now was scared to go into the engineering center, and was taking classes there five days a week didn't think could trust any of the professors.\" Gamow recalls the incident differently, saying that the ride occurred during daylight and that he didn't own a pickup truck at the time. He says he and Sarah were good friends before and after the incident (Sarah disputes this). He also says his overture consisted of nothing more than a \"strong hug.\" \"There was a romantic component, but not as described,\" he insists. \"And that, certainly should have avoided. It's an embarrassment to me.\" Sarah didn't tell anyone about the incident for years. Even after she returned to as a graduate student in biology, she says, she still feared Gamow. So last summer she contacted the Ombuds Office and asked Seebok to arrange a meeting, her first contact with her former advisor in more than a decade. Ombuds gatherings are supposed to be confidential, and no one took notes at Sarah's meeting. Sarah says she read a letter she'd written to Gamow recounting the experience and the pain it had caused her. \"Gamow apologized for what happened,\" she wrote in a memorandum about the meeting, composed six months later. \"He claimed that was the only time he has ever become sexual with a student. He claimed that the day was assaulted was an aberration, a single sorry incident in his life.\" But Sarah says she was deeply troubled by something else Gamow supposedly said in the course of defending himself and his positive interactions with most undergraduates: that he currently was involved in \"eight romantic relationships\" with students. Gamow has denied uttering the remark. \"She attributes to me statements that never made,\" he says. But Sarah couldn't get the disputed remark out of her head. What if this \"single sorry incident\" wasn't an isolated case? What if the supposedly \"romantic\" relationships were really something else? She began to ask around campus about the poetry-spouting inventor, and by fall she'd connected with a young woman--call her Jane--who'd reported Gamow for sexual harassment three years earlier. Jane, who also requested anonymity, came into frequent contact with Gamow as a seventeen-year-old freshman in the fall of 1992. Gamow taught one of her first classes at CU; he was also her advisor and headed a student research group that she joined. She had been on campus only a few weeks, she wrote in her complaint, when Gamow \"proposed that he and do a 'mind melding' and agree to share all of our ideas and thoughts with each other.\" Before long Gamow was encouraging her to meet with him away from his office and to move beyond their \"intuitive\" encounters to a truly \"rational\" meeting. Jane wasn't sure what he had in mind, but she found out, she says, when he summoned her to a Sunday night rendezvous in a poorly lit nook of the campus outside the engineering building. Gamow held her hands, caressed her face and kissed her, she wrote, while explaining that what he was proposing was \"essentially the same as running off to Las Vegas together and not leaving the bed for a week.\" Jane says she didn't know how to extricate herself from the situation gracefully but finally managed to get a ride to her dorm on the back of Gamow's motorcycle. She attended only two more classes with her mind-melding mentor; at the second, Gamow slipped her a note about poetry that made her decide she didn't want to have any more meetings with him, rational or intuitive. Like Sarah, she changed her major in order to avoid Gamow. She even sought counseling, she says, once she realized that the experience had upset her far more deeply than she'd anticipated remember thinking this would take a couple of weeks to get over,\" she recalls. \"But every time sat down to study, I'd start thinking about the situation, getting disgusted because would be reminded of when he kissed me, what his beard felt like--it was really disturbing. It was my first semester, and really wanted to do well, but couldn't focus on school even saw a psychiatrist at Wardenburg [Student Health Center really hated life enough to wonder why was even bothering to wake up in the morning, because was just going to cry all day.\" Before the end of the semester, Jane hand-delivered a letter of complaint about Gamow to Richard Seebass, then dean of the College of Engineering and Applied Sciences. She never received any response, she says, so she took her grievance to CU's Office of Affirmative Action & Services, which convened a formal panel. (Documents indicate that Dean Seebass did conduct some sort of \"informal investigation,\" but both Jane and Gamow say he never interviewed them.) Gamow has steadfastly denied making any sexual advances on Jane. He says he often urges students who want to talk about extracurricular matters to meet him outside the office, and Jane's visits to discuss poetry were taking up too much of his office hours. It's also not unusual for him to talk about \"rational\" and \"intuitive\" approaches to scientific problems or about hypothetical \"mind melds\"--which, as any Trekkie knows, is the way Mr. Spock communicates with other life forms use the expression ten times a year--'If we can do a mind meld,'\" he says. \"That's my teaching style. The [harassment] committee made it sound like 'mind meld' was some kind of sexual fetish.\" Gamow admits holding hands with Jane and kissing her on the cheek or forehead. Although the behavior was \"probably inappropriate\" by current standards, he says, he insists he had no romantic intent. But intent is usually irrelevant in determining whether harassment has occurred; it's the \"unwelcome\" behavior's impact on the victim that matters. And the panel found that \"the actions of Igor Gamow impacted the complainant in such a way as to adversely affect her academic performance and emotional state.\" Jane had asked that Gamow be banned from serving as a freshman advisor, but such a move was outside the panel's authority. Instead, it recommended that the university pay for Jane's counseling, that incoming engineering students attend mandatory training in appropriate relationships with professors, and that Gamow be required to review the harassment policy and watch a training video on the subject. No one bothered to tell Jane if any of the panel's recommendations were ever followed. Gamow says he did watch the harassment video and considered the matter resolved year later, though, he was informed that Dean Seebass wanted him to limit his contact with students only to regular office hours--a condition far beyond what the panel had proposed. Gamow promptly filed his own grievance over the university's handling of the case. The faculty's Privilege and Tenure committee, which looked into his grievance, took issue with both the fairness of the panel's proceedings and the reasonableness of Seebass's directive, which was eventually rescinded. But the faculty inquiry, which took months to complete, didn't put the matter to rest, either. Following her encounter with Jane, Sarah decided to file a \"third-party\" complaint against Gamow, one of the first cases to be heard under the university's new harassment policy. Although she has no evidence that Gamow is currently harassing anyone, Sarah wanted the university to look into his alleged remark about ongoing romantic relationships with students and his \"history\" of harassment. Sarah says her meeting with the ombudsman might have gone quite differently if she'd known about Jane, and Jane says that learning about the earlier incident only confirmed her suspicions knew there had to be other women before me,\" she says. \"Looking back on it, everything seemed so well-rehearsed. He had all the lines ironed out always felt so angry that these other women hadn't reported it so that he wouldn't be there anymore, or at least change his behavior. But then thought, maybe they did report it. Maybe they did everything in their power, but nothing happened.\" Ironically, one of the drawbacks in CU's harassment-reporting system is its confidentiality. Complaints can be funneled through a bewildering variety of channels, from the hush-hush Ombuds Office to a range of forums dealing with staff, faculty or student issues. Cases tend to be dealt with in isolation, and since there's no central reporting authority, tracking repeat offenders is difficult decision by the investigating panel is expected this week. Jane says the panel told her they can't investigate the case the way Gamow's two accusers want, since it would be unethical for them to \"comb the university\" in search of current harassment victims can understand, they wouldn't be neutral if they did that,\" Jane says. \"The burden is on us to find these other women, but we don't know who's dropping his courses.\" Having already been through four administrative proceedings as a result of the two women's complaints, Gamow has filed a counter-grievance of his own, accusing his accusers of pursuing a vendetta against him. He insists he's had no complaints from other students about his behavior and suggests there may be something more behind the current case than meets the eye. \"Would it be very politically incorrect to say 'money'?\" he asks. \"So far, the Boulder campus seems to be paying a lot of money for anybody who has threatened a suit.\" Although he declines to discuss details, he says he suspects that the women may have been manipulated into filing charges against him by administrators he's feuded with for years. \"Professors that fall out of favor are not only at the mercy of the engineering administration, but the entire legal establishment of the university,\" he says. Despite the furor over past incidents, Gamow says he continues to meet with male and female students outside of his office--and, in some cases, off campus couple of weeks ago, he says, he invited a student to lunch at his house so he could feed his horse while they discussed her paper. He's had \"probably fifty meals\" with the same student, who was on one of his Nepal treks. \"When came back from lunch,\" he says was told, 'Haven't you learned your lesson, taking somebody home in your car?' Was that appropriate or not appropriate? It never entered my head that this student, who know very well, could now come up and say she felt uncomfortable sitting in my kitchen with me cooking her lunch.\" \"You Can't Stop These Idiots\" Susan Cherniack didn't know anything about CU's way of handling harassment complaints when she arrived on campus in the fall of 1993. But by the end of her first year she'd run into enough roadblocks to file a grievance with the Equal Employment Opportunity Commission. By the end of her second, having failed to get satisfaction from the EEOC, she'd filed a lawsuit branding the university's methods \"confusing, ineffective, inadequate and ill-suited to remedy sexual-harassment issues in a timely or appropriate manner.\" Cherniack had accepted a position on the faculty of CU's Oriental Languages and Literature Department, bringing with her impressive credentials as a professor at Smith College and a visiting scholar at Harvard. During the recruitment process, she says, she made the mistake of becoming intimately involved with her future boss--Paul Kroll, the chair of the department. By the time she started teaching at CU, she'd terminated the relationship, and Kroll had resumed a relationship with another female professor. Kroll declines to comment, but in court filings, he's denied he ever had a sexual relationship with Cherniack. He's conceded, though, that he does have a \"personal relationship\" with another member of the department and that his ex-wife also teaches in OLL. At the time, no university policy prohibited relationships between faculty members and their department chairs; in fact, the new policy merely requires that department chairs notify their deans if they're involved with employees they're supposed to supervise and that they make \"alternative arrangements to eliminate any potential conflicts of interest\"--for example, recusing themselves from tenure decisions involving their paramours. According to Cherniack's lawsuit, Kroll made life miserable for her at CU. Among other things, she charges that he unfairly criticized her classroom performance and professional behavior, gave her an unfavorable teaching evaluation despite the high marks she'd received from students, and discouraged students from enrolling in her classes. And when she went to Charles Middleton, dean of the College of Arts and Sciences, for help, matters quickly got worse. At the end of the fall 1993 semester, Cherniack says, Middleton promised to convene a committee of faculty peers to investigate the situation. Middleton has denied making any definite commitment; in any case, no committee was formed for months, despite the specific timetables officials are supposed to follow once a complaint is received. Middleton never advised her of her options, Cherniack says, but decided to pursue the matter on his own, despite his \"longstanding personal and professional relationship\" with Kroll. \"He seemed very eager to get hold of it,\" she says. \"And after he changed his mind about convening a committee, he had complete control of it. While he sat on it couldn't go elsewhere.\" What Cherniack didn't know at the time was the degree to which Middleton was in contact with Kroll about the dispute. Without telling her, the dean had sent a copy of her written grievance to Kroll only days after he'd received it. Cherniack claims the dean was actually advising Kroll on how to rebut her charges; Middleton has denied it. Campus politics may also have hampered efforts to resolve the situation. Shortly after Cherniack put her complaint in writing, the so-called \"coup\" of 1994--a well- orchestrated effort by various deans and department chairs, including Middleton and Kroll, to demand President Albino's resignation--erupted on the campus. Sources close to the case believe that Middleton was so preoccupied by the intrigues and shock waves of the resignation drive that he couldn't afford to deal with Cherniack's complaint for months formal investigation wasn't launched until the summer of 1994, shortly after Cherniack filed her complaint and left the country on a research trip to China. Such proceedings are supposed to take no more than thirty days; this one took seven months. One of the difficulties was the nature of Cherniack's case, which involved a claim of a consensual relationship followed by retaliation--a situation not specifically addressed by CU's old policy. Another was Cherniack's reluctance to cooperate with the committee that had been launched in her absence. In apparent violation of university policy, hearings were commenced without Cherniack's consent, and she decided not to participate in what she viewed as a \"kangaroo court.\" Consequently, the only witnesses presented at the hearings were called by Kroll. Although the committee's findings have never been made public, it seems likely that the results were favorable to Kroll, since the university subsequently provided Kroll with legal representation. Early in 1995 Cherniack received a letter from Chancellor Park informing her that, since Kroll had already stepped down as chair of the department, he considered the matter resolved. Cherniack and her attorney didn't think so. Last fall settled her lawsuit against Kroll, Middleton and the Board of Regents for $180,000. The university also announced a \"further investigation\" of Kroll's actions. The outcome of that investigation provided an even stranger twist to the case. As part of his settlement with the university, Kroll agreed to take a one-semester leave of absence without pay. Such leaves are not uncommon at CU, and university officials have carefully avoided characterizing the action as a suspension of Kroll. In media interviews, Cherniack has described Kroll's leave of absence as a penalty, but his attorney has another interpretation. \"Paul had been through two years of extremely aggravating attention,\" says Neal Cohen. \"He believed it was in his best interest and that of the university's that there be a cooling-off period. To view the leave of absence as discipline would be entirely inaccurate.\" In fact, nothing in the settlement suggests that Kroll was found guilty of any wrongdoing; it's merely a legal release of both sides, in which the university drops its claims against Kroll in return for his dropping grievances he'd filed against Middleton, various other officials and attorneys over the multiple investigations. Even the leave of absence is tempered by the fact that the university agreed to pay for Kroll's legal fees, including the services of three private attorneys--an amount well in excess of the $14,000 previously reported in the dailies. Left unresolved by the settlement was one of Cherniack's most explosive charges, which she presented to Middleton and again in her lawsuit--that Kroll had \"falsified documents\" to secure tenure for a female professor with whom he was romantically involved. Kroll has denied the allegation, and Chancellor Park says he's unaware of any investigation into the matter. No one, it seems, ever bothered to look into the charge, either to confirm it or to exonerate the parties. Settling the suit was a Pyrrhic victory, Cherniack figures, since one condition of the settlement is that she will no longer teach at CU. Although her settlement package includes a two-year research appointment to tide her over while job-hunting have been banned from the university system,\" she says didn't have the financial resources to continue the litigation, so they succeeded in breaking me know that I'll never be able to get a job at the kind of university want to teach in. Once you go to court, you're branded a troublemaker.\" Banishment was also the fate of Ann Boggiano, a Boulder psychology professor. In 1987 Boggiano received the department's only unanimous tenure recommendation in more than a decade, but her relationship with certain colleagues subsequently deteriorated. Five years ago, she says, she got into a wrangle over pay equity issues with two other members of her department that escalated into accusations of plagiarism, inter-ference with her research and attacks on her integrity. Like Cherniack, Boggiano attempted to deal with her grievances internally, through Middleton and the faculty's Privilege and Tenure committee. But then-vice-chancellor Bruce Eckstrand shut down the investigation after she filed a lawsuit, apparently on the advice of attorneys, even though no campus policy requires such a move. \"The frustrating part was that their investigation was taking so long it would have exceeded my statute of limitations for filing suit,\" Boggiano says didn't have the option of not filing.\" In 1994, after 26 hours of depositions, the university settled Boggiano's case, agreeing to pay her $85,000 up front and $30,000 a year tax-free for life. But none of the people named in her lawsuit--including Middleton, Corbridge, psychology chair John Werner and professor Charles Judd--were formally found to have committed any harassment or retaliation, and Boggiano was required to leave her job. Although her total payoff could be in the million-dollar range, the outcome wasn't what Boggiano wanted. \"Not at all,\" she says didn't want to be on welfare did want and still want to teach undergrads have been trained for that loved teaching. But had no other choice. My lawyers have to be paid something. They carried me for months, based on the strength of my case.\" Boggiano has offered to forgo her yearly stipend in return for a position at another campus, but Cherniack isn't optimistic about her own chances. Shortly after her settlement last fall, she met with Chan-cellor Park to seek reconsideration of her dismissal asked him why he insisted on my resignation, since was never accused of any wrongdoing,\" Cherniack recalls. \"He told me it wasn't anything personal. He said--I'll never forget this--because had filed a grievance had created an adversarial situation that could only be resolved by my departure. He told me, 'You can't stop these idiots from doing it.' His understanding was that sexual harassment was inevitable.\" Park says he doesn't recall the remark. \"What probably said was that can't control what people do, but expect them to behave professionally,\" he says. Named as a defendant in the Miller suit himself, Park says he's legally bound not to discuss the specifics of other cases, including Cherniack's. But he insists he's not reluctant to punish faculty or staff for stepping out of line; as vice chancellor of the University of California at Berkeley, he succeeded in firing a tenured professor over a harassment issue. Such proceedings are difficult but not impossible, he says, even though cases that begin with consensual relationships between faculty members can be tough to sort out. \"Often in these cases, neither party is entirely innocent,\" he says. Life Among the Geeks All Kristine Larson wanted was a comfortable environment in which to teach and conduct her research. What she got was a one-way ticket to the Land That Time Forgot. In 1990 Larson was hired as an associate professor in CU's aerospace-engineering department and as a researcher at the Colorado Center for Astrodynamics Research (CCAR), a federally funded research center housed in the university specialist in Global Positioning System satellites who'd worked at Harvard and at Pasadena's Jet Propulsion Laboratory, Larson expected to play a major role in developing CU's own program. Instead, she found a lot of her attention being devoted to picture postcards. The cards, sent from former associates around the world, were posted on a hallway bulletin board, next to a chalkboard where students and faculty could write comments. The cards were a goofy tradition at the predominantly male center, and some were not in the best of taste--for example, one was simply a picture of a pair of breasts, sans head, legs, or arms. In addition, many of the chalkboard comments were, in Larson's view, \"hostile to women in the sciences.\" One regular feature was a Letterman- like Top 10 list, such as, \"Top 10 reasons students love CCAR: Money for nothing and chicks for free.\" Larson had never seen anything like the postcards at other research institutions, and she complained to director George Born that they didn't belong in a public hallway. As the only female professor at CCAR, she felt uncomfortable--not only for herself, she explained, but for students. \"There were so few women students--only one woman grad student, in fact--and it just seemed to me they should try a little harder to make a better atmosphere,\" Larson says. But Born was loath to monkey with tradition. After all, other people liked the postcards and comments. In fact, several of the cards were addressed to his administrative assistant, Carol Leslie, who was soon to become his wife. In the lawsuit she eventually filed, Larson claims that Leslie \"enjoyed the sexual atmosphere, the postcards and other displays\" and \"exhibited outward hostility\" toward her in the wake of her complaints, to the point of refusing to say hello. (Leslie, who no longer works at CCAR, has denied any retaliation.) Larson persisted in her protests to a variety of officials, from Born to her department chair to an associate dean, with little effect. She also began to take action herself, removing postcards that offended her as well as a racy poster and instructions for collecting sperm samples that had been posted in a unisex bathroom. Soon she became an object of chalkboard humor herself, as in \"Top 10 reasons Kristine Larson doesn't approve of the board.\" Although officials did make efforts to tone down the displays, Larson says her stance led to several confrontations with Born--and to her \"expulsion\" from the research center. In court filings, Born has insisted that Larson wasn't kicked out but chose to leave. In any event, Larson's departure didn't end the dispute; instead, she says, both Born and her department chair, Robert Culp (who was also assistant director of CCAR), began to retaliate against her for filing a complaint with the over her treatment. Among other things, the lawsuit claims that Culp arbitrarily downgraded her performance evaluations and moved her office away from other active research faculty to another part of the building populated by soon-to-retire professors. Among aerospace-engineering students, the area was known as the Land That Time Forgot. During the same period, Born made calls to the Jet Propulsion Lab and other places Larson had worked, asking if she had been a \"troublemaker\"--calls Larson regards as damaging to her career and reputation. By late 1992 Larson was firing off pleas for help to Dean Seebass, Chancellor Corbridge and President Albino. Corbridge never responded; Seebass and Albino told her to take her complaints to the EEOC. Eventually a faculty committee found that one of Larson's negative evaluations was based in part on a class she didn't even teach, but Larson charges that Culp and Seebass refused to change the evaluation. Larson managed to get her 1992 evaluation raised only after two years of protest, and she is still in the process of appealing her 1994 rating. \"All of these complaints could have been settled by a responsible dean,\" Larson says now. \"You can have conflicts at a department level--these were postcards, for God's sake. It shouldn't have escalated to retaliation.\" The problem, as she sees it, lies in the patronage system among powerful deans and prominent researchers and professors at CU. \"My experience has been that these men give each other good evaluations and big raises,\" she explains. \"The university talks about how everybody only gets 3 percent raises--what they're not telling you is that they give some people zero raises and others much more. Most of the time was filing grievances against Bob Culp, he was getting 7 to 8 percent raises. Everyone I'm suing makes over $120,000 a year.\" Born and Culp have steadfastly denied any harassment campaign against her, but Larson says she continues to suffer retaliation even as her case heads to trial in the fall. In 1994 she discovered that another professor, Robert Leben, had made a copy of her e- mail files and turned them over to Culp--months before her lawsuit was filed. \"It was wrong to take it,\" Larson insists. \"But Bob Culp distributed it, and university attorneys hid it in their file cabinets until they were forced by the federal court to turn it over. If they wanted it, they should have got a subpoena.\" Last winter a university investigation into the incident offered the opinion that Leben's actions were \"unethical and indefensible\" and that Culp's \"tacit approval of violations\" of campus computing policy \"must not be tolerated.\" Leben recently received a written reprimand from current engineering dean Ross Corotis. An inquiry into Culp's alleged distribution of the material is continuing, but Corotis recently instructed the two individuals charged with the task to \"restrict your report to the facts\" and to not interview Culp. Whether Larson will win her suit--or keep her job--is uncertain, but the case has raised questions about the university's commitment to avoiding obvious conflicts of interest. Former dean Seebass, a named defendant in the suit, is now the chair of aerospace engineering and responsible for evaluating Larson's performance; Larson's objections to being evaluated by a man she's suing haven't altered the situation. \"It's frustrating,\" she says. \"These people will decide whether get tenure, what kind of raise can get.\" Recently, the university issued a press release through its Silver & Gold Record that found its way onto the bulletin boards at CCAR. The statement claimed that many facts in Larson's complaint were \"distorted,\" but CU's rebuttal contained a few distortions of its own, including the claim that the had conducted \"a thorough and complete investigation\" of the matter and found no evidence of harassment or retaliation. In fact, Larson has a letter from the conceding errors in its investigation. The university's statement was released by public-relations director Pauline Hale, who is married to James Corbridge, who is also a named defendant in Larson's suit. Meanwhile, Back at Party Central... One of Jennifer Miller's ongoing beefs with her boss, it seems, had to do with scheduling appointments. Her \"uncensored letter,\" now a part of the court record, claims that important meetings and decisions were often left hanging because Chancellor Corbridge had decided that \"it was time for a haircut, or that you wanted to play snooker at the University Club at lunch instead of having the business meeting on the schedule, or you wanted to play golf, or you wanted to have drinks at The James instead of what was on the calendar.\" Sources in the administration confirm that Corbridge was often difficult to reach and that his office seemed to shut down at five o'clock sharp, with phones left ringing unanswered. But the chancellor was a busy man, and his frequent absences from the office didn't mean he was neglecting his duties. In addition to supervising the operations of the Boulder campus, Corbridge was responsible for promoting the university's interests in a variety of ways: traveling to Big Eight meetings, hosting visiting dignitaries, golfing with potential big donors and so on. He played a key role in the 1994 expansion of the Big Eight Conference into the Big Twelve and spearheaded task forces dealing with diversity, pay equity and other burning issues on campus. Some sources suggest that Corbridge was one of the greatest friends women had in CU's administration. Miller's claim, though, rests on the notion that Corbridge was a greater friend to some women than to others, particularly in his own office. Speculation about the nature of Corbridge's relationships with employees seems to have been a favorite topic of gossip among insiders, yet even Miller professes not to know the truth of the matter could never figure out what was going on because didn't want to know,\" she wrote in her letter to the therapist. But even if all the \"flirtations\" Miller described--\"the standing so close together, the hugs, the looks\"--were entirely innocent, something was clearly out of kilter in the chancellor's office. Budget documents indicate that Corbridge did provide exceptional perks and travel opportunities to at least one female employee who still works there. His office also spent lavishly on flowers, entertainment and travel at a time when the campus was supposedly undergoing a belt- tightening because of declining enrollment. Even by the standards of a large public institution, the chancellor's expenditures on club memberships and entertainment (including hefty bills from Liquor Mart for alcohol served at parties and receptions) were at the high end of the scale. Although some of the expenses fell under Corbridge's regular operating budget, others were paid out of the chancellor's discretionary fund, a pool of cash available for conferences, official functions, travel and other forms of \"academic enhancement.\" Similar discretionary funds at a departmental and college level were the subject of a state audit last year, after it was revealed that, under Dean Middleton, the College of Arts and Sciences had entered into a series of \"side letter\" agreements offering additional compensation for certain academic chairs, in violation of university policy. But the chancellor's fund has escaped any outside scrutiny, even though the fund balance ranged from zero to $300,000 during the Corbridge years, with annual outlays as high as $143,000. Many of the expenses in the chancellor's office were clearly legitimate, but other items managed to raise officials' eyebrows on occasion--such as the soaring salary of Corbridge assistant Mary Jo White, the woman whom Miller claimed had been allowed time off from work for manicures and haircuts. White was a $33,000-a-year assistant at the time Miller started working in the chancellor's office. Today White's salary is $66,000--a 100 percent increase in eight years, although her job title remains the same. What merited such advancement? When quizzed on the matter, Corbridge has told people that White was \"valuable\" to him. So valuable that, when White decided to take time off to go to law school, Corbridge not only wrote her a letter of recommendation, he arranged for an interim part-time job for her in his office--a position that didn't have to go through the usual notices and hiring procedures, because it was temporary. So valuable that, when White finished law school, Corbridge hired her back in his office, at a substantially higher salary--because, after all, she'd gone to law school. So valuable that, when White requested reimbursement to attend a United Nations training seminar for \"international negotiators\" in Switzerland, a dispute resolution conference in Canada and a meeting of Big Eight presidents in Kansas City--all in the same month--Corbridge approved each and every expense. Several times, White accompanied Corbridge to Big Eight meetings. Other administrators thought it odd that Corbridge would bring an assistant to such gatherings when other chancellors and even university presidents seemed to manage just fine without one. Miller's suit alleges that, after White completed law school in 1993, Corbridge attempted to hire her back at $60,000 a year as his executive assistant. Records indicate that White actually returned full-time at $58,000 a year and that she also was designated as the recipient of more than $40,000 in salary, benefits, travel and \"operating expenses\" from the chancellor's discretionary fund in the 1993-94 fiscal year. It's not clear from the budget documents what portion of those funds were actually received by White or how they were used, and university officials have declined to clarify the matter, citing pending litigation. White, who still works in the chancellor's office, declined a request for an interview. Her current boss, Rod Park, also declined to comment on the case but has praised White as a highly competent staffer. In court filings, Corbridge has defended his activities and those of his staff as legitimate business expenses. Yet it's unclear how trips to Geneva training sessions and law school relate to White's duties in the chancellor's office; her job description doesn't list a law degree as a requirement. Corbridge's actions were rarely challenged by other administrators, and then only indirectly. For much of her tenure, Judith Albino had so many other battles to fight--the insurrection of the deans, negative publicity about her staffing arrangements, a deteriorating relationship with faculty and some regents--that the chancellor's office seems to have escaped her notice. According to the excerpts from Albino's deposition that were leaked to the media, CU's president didn't start raising questions about Corbridge's behavior until one of her own staffers complained of unwanted attentions from the chancellor. But even then, no written complaint ensued; one of Albino's assistants went to another administrator about the situation, who promised to speak with Corbridge about it. According to other sources, Albino brought the matter up with members of the Board of Regents during the summer of 1993 and met with an angry response from Corbridge supporters on the board. Corbridge stepped down as chancellor in the summer of 1994. Miller's lawsuit claims that she continued to experience harassment from Chancellor Park, that White took over many of her duties in the office, and that she suffered such severe depression she had to take a medical leave of absence. Her attorney, Lynn Palma, has charged that university officials improperly destroyed records that might have supported Miller's claims--including seven years of the chancellor's scheduling calendars and some sexual-harassment records--but university officials have insisted that all records disposal was done according to policy attorneys have sought to restrict the scope of Palma's inquiry into Corbridge's behavior, noting that Albino's deposition is full of rumors and hearsay about eight women, several of whom didn't even work in Corbridge's office. \"There is absolutely no effort to distinguish between allegations of workplace harassment versus rumors of consensual relationships outside of the workplace environment,\" protested Corbridge attorney Thomas Rice. The Siege Mentality At the moment is experiencing its greatest internal shakeup in more than a decade. Last fall former president Albino accepted a six-figure incentive package from the regents to step down from her post a year early; she's now winding down her career as a member of the Health Sciences Center faculty while job-hunting elsewhere. Having been thwarted in their attempts to shield the search process from public scrutiny, last month the regents confirmed that interim president John Buechner would stay on as her successor. Buechner, a career insider for 33 years, was the only candidate interviewed for the job. Dean Middleton is on his way to a vice-chancellor post in Ohio; at commencement last month he received an award for his many years of distinguished service to CU. Chancellor Park has one year left on his contract before he'll step down, too. Other administrators who played key roles in the stormy Albino years have retired, moved on to shinier posts elsewhere, decided to run for Congress, or, like Corbridge, eased back into the warm embrace of tenured academia. Still, the changing of the guard hasn't magically altered the climate of strife at CU. At least four major campus harassment and discrimination lawsuits, including the Miller and Larson cases, are expected to go to trial in the next year or so. Two weeks ago, in one of his final acts as dean, Middleton announced that was placing its entire Fine Arts department in \"receivership\" under the acting control of an outside chair; supposedly, the entire department has been so rocked by claims of sexism and conflicts of interest among faculty that only an outsider could assume the helm. The legacy of the previous administration--a time of hijinks and low intrigue, power plays and payoffs-- continues. Some observers are optimistic about the new harassment policy's ability to improve matters. With its strict reporting deadlines and flow charts illustrating how complaints are supposed to be handled, it leaves little room for the kinds of delays and uncertainties that have been the hallmark of past cases. \"The real issue is being able to resolve these cases in a timely fashion,\" says Susan Kirk, the only woman on the nine-member Board of Regents. \"The process just takes too long, especially for the victim, but also for the respondent. What people don't understand is that there are certain procedures that need to be followed.\" Critics of the new policy, though, wonder if it will really have much of an impact. They point out that its strict reporting requirements leave no room for an \"off-the-record\" conversation with an administrator about a possible harassment situation and thus may encourage more protracted investigations rather than speedier, informal resolutions. The policy also puts more pressure on supervisors and faculty chairs to inform on those they suspect of harassment--driving the level of responsibility downward, perhaps, and leaving top administrators less accountable than ever for what happens on their watch. But then, as Susan Cherniack points out, the policy is \"only a piece of paper.\" It's execution that counts, and both Cherniack and her support-group co-founder, Karen Ashmore, question CU's commitment to rooting out offenders. \"They have no incentive to do it on their own,\" says Ashmore. \"It's going to be the taxpayers and the legislators who are going to force them to get their act together.\" But if anything moves slower than a harassment complaint inside the state's leading public university, it's probably a politician responding to the problem. In the past session members of the Colorado General Assembly made a lot of noise about Albino's golden parachute package, the regents' efforts to keep the presidential search a closed-door affair, the costly harassment settlements and related follies such as a short-lived attempt to raise student fees to help defray the expense of the harassment suits. Inquiries were made, protests lodged, investigations vowed. The result? Legislators were so steamed at that they managed to withhold $5,000 from the university's billion-dollar budget, with the express intent that the money be deducted from the Board of Regents' travel allowance Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms is a former staff writer at Westword and is now a senior contributor. He writes about various topics but primarily focuses on news. He\u2019s contributed to Rolling Stone, Los Angeles Times, Outside Today, Men's Journal and other publications and is the author of two nonfiction books, Gangbuster: One Man's Battle Against Crime and The Poison Tree True Story of Family Violence and Revenge. He\u2019s earned numerous accolades for his work including the Eugene Pulliam National Journalism Writing Award and two national feature writing awards from the Society of Professional Journalists SALE? Post & get featured here! $12 $280 [email protected] message from Alan Prendergast: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. $30 Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. Westword may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Denver Westword, LLC. All rights reserved. Do Not Sell or Share My Information"} |
7,898 | Jamal Ghoroghchian | West Chester University of Pennsylvania | [
"7898_101.pdf",
"7898_102.pdf"
] | {"7898_101.pdf": "Please E-mail suggested additions, comments and/or corrections to [email protected]. Help support the publication of case reports on MoreLaw Date: 11-21-2003 Case Style: Jurgita Pociute v. West Chester University and Jamal Ghoroghchian Case Number: 2:2002cv09113 Judge: Clarence C. Newcomer Court: United States District for the Eastern District of Pennsylvania Plaintiff's Attorney: Nancy C. DeMis of Gallagher Schoenfeld Surkin & Chupein, Media, Pennsylvania Defendant's Attorney: Randall J. Henzes, Office of the Attorney General, Philadelphia, Pennsylvania for West Chester University Georga C. Zumbano of Gawthrop Greenwood and Halsted, P.C., West Chester, Pennsylvania Description: Sexual harassment claim by former university student who claimed that Jamal Ghoroghchian repeatedly offered to exchange better grades for sex. At one point, Plaintiff rented a tiny video camera to record the professor's unwanted sexual advances. The university Ghoroghchian had violated of its sexual-harassment policy, reprimand him and ordered him to attend a private training session on sexual harassment. Outcome: Plaintiff's verdict for $120,000 against Jamal Ghoroghchian only. Plaintiff's Experts: Unknown Defendant's Experts: Unknown Comments: None Give $1.00 in support Give $2.00 in support Give $5.00 in support Give $10.00 in support Give $20.00 in support Find a Lawyer Subject: Example: Divorce City: State: Select State Search Find a Case Subject: Example: Product Liability County: State: Select State Search 2/27/25, 7:40 Re: Jurgita Pociute v. West Chester University and Jamal Ghoroghchian 1/2 Home | Recent Lawyer Listings | Articles | Store | Sign In Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement \u00a9 1996-2025 MoreLaw, Inc. 2/27/25, 7:40 Re: Jurgita Pociute v. West Chester University and Jamal Ghoroghchian 2/2", "7898_102.pdf": "Thu. Feb 27th, 2025 Professor convicted of sexual harassment By Online Editor 25, 2003 Professor and former chairman of the chemistry department, Jamal Ghoroghchian, was found guilty of sexually harassing a former student by an eight member jury. The three day trial took place in U.S. District Judge Clarence C. Newcomer\u2019s courtroom.Jurgita Pociute, a former West Chester University student from Lithuania, claimed that Ghoroghchian had repeatedly harassed her in the form of trying to touch and kiss her. He also reportedly grabbed her head, pushing it towards his lap. According to Pociute, the professor offered to trade sex for better grades. Pociute, growing confused and upset with her falling grades, didn\u2019t take action until she saw Ghoroghchian harassing another female student in his office. Fearing no one would believe the allegations, Pociute rented a small video camera concealed in a notebook and recorded another incident with the professor on Jan. 26, 2001. The film, while not the best quality, showed the professor\u2019s hand going towards Pociute\u2019s breast. Ghoroghchian admitted that his hand may have accidentally touched Pociute\u2019s breast, but denied any wrongdoing. The tape, however, was enough to convince the jury of his guilt. The jury found the professor financially liable to Pociute for one day of sexual harassment and emotional distress. The damages were assessed at $120,000. The University had already found Ghoroghchian in violation of the school\u2019s sexual harassment policy gave the professor a confidential letter of reprimand and ordered him to attend a private training session on sexual harassment. Nancy C. DeMis, Pociute\u2019s attorney, told The Daily News, \u201cIt\u2019s a tragedy for everyone. I\u2019m sure it is a tragedy for his [Ghoroghchian\u2019s] family University representative declined to comment to The Daily News and George C. Zumbano, Ghoroghchian\u2019s attorney, couldn\u2019t be reached for comment. Author profile Online Editor More by this author [email protected] This website is currently undergoing construction. Some attributes may be missing or out of date until further notice. \u2715 2/27/25, 7:40 Professor convicted of sexual harassment \u2013 The Quad: Student News Service of 1/4 \uf00f Consciousness, the brain and mystical experience \uf00f Strong start for baseball faculty discuss union rights amid Janus v case \uf00f Not one more: the March For Our Lives \uf09a \uf099 \uf0e0 \uf08c \uf2c6 \uf0d2 \uf100 Bricketto named as for student affairs Professor convicted of sexual harassment \uf101 Leave a Reply Your email address will not be published. Required fields are marked * Comment * Name * Email * Website Post Comment 2/27/25, 7:40 Professor convicted of sexual harassment \u2013 The Quad: Student News Service of 2/4 Page 1 of 48 taking an unnatural and illegal stance on the matter. Despite multiple t being made against this account, no action was taken by Musk\u2019s short search on Reddit shows this issue is not a new one had enough. once a flourishing forum for into a flagrant filth. This just so happened ship of (formerly Twitter). On Sept. 29, the day before my 21st birthday decided to delete my pro- file. This remove the app; the app\u2019s ddi ti 48 hours the first time. But that was before had an so disturbing that point. Underneath horse racing Volume 127, Issue 5 November 25, 2024 In the 2023 election, Democrats in the rural, conservative Pennsyl- vania towns of Akron and Ephrata lost. Yet they experienced the best electoral performances of Demo- crats in the town\u2019s history can- didate for Ephrata Borough became the first Democrat to win over 40% of the vote. Another run- ning for Akron Borough Council came within just 100 votes of win- ning. Elon Musk once soared as a sym- bol of innovation a modern- day Icarus who dared to fly closer to the sun with every groundbreaking venture. From Tes- la and achieving the like the hubris has close to a \u201cThat Grassroots Starts Now:\u201d Lancaster Youth Organize, Campaign and Mobilize Despite Partisan Odds Broke Up w/ My (and Should 2) Continued Continued on page 5 Both candidates \u2014 Chandler Eby and Gavin Grove \u2014 were also the youngest to ever run for their local councils. \u201cKnowing that two kids can get out there and do the work for themselves, put the boots on the ground and get to work think that\u2019s just a testament that you can do whatever you want to do and make a positive impact on your community,\u201d Grove said. By Olivia Schlinkman Editor- In- Chief Gavin Grove and Chandler Eby, via @lancaster.epic Punished Like an Outcast: Ethel Cain\u2019s Rise to Fame Charlotte Ruth, Special to The Quad, reviews Ethel Cain\u2019s long awaited solo single - \u201cPunish\u201d - as she reemerge into the music scene after her 2022 debut album. Page 39 Women\u2019s Basketbal Dominate In 2024 Home Opener Asst. Spo Editor Sophie St f ll the Girls Basketbal break into the season Page 44 The New American Reality on Transgend Day of Remembr Elijah McBride, Special to The Quad discusses what the next president administr means for queer and trans communi across America and how they will persist. Page Strike Narrowly Avoided Amidst Financial \u201cDeath Spiral\u201d Asst. New Editor Elija Fischer dissects recent happening of union strikes and financial instability. Page 2 By Thoman Features Intern and Distribution Manager Page 1 / 48 Twitter feed is not available at the moment Select Month wcuquad \u201cEmilia P\u00e9rez\u201d is Mediocre, Misguided and a Missed Opportunity 24, 2025 \u201cYellowjackets\u201d Season 3 Review Episodes 1-3 24, 2025 Personal Ranking of Every Track in \u201cSo Close To What\u201d by Tate McRae Love, Lies and Lumon: \u201cSeverance\u201d S2 EP6 Review 2/27/25, 7:40 Professor convicted of sexual harassment \u2013 The Quad: Student News Service of 3/4 Proudly powered by WordPress | Theme: News Way by Themeansar. West Chester University Site Admin 2/27/25, 7:40 Professor convicted of sexual harassment \u2013 The Quad: Student News Service of 4/4"} |
7,320 | Edwin Etter | Eastern Michigan University | [
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] | {"7320_101.pdf": "\u00d7 Search Deadline Detroit Home Articles Deadline Tv Detroit Digest Craig Fahle Charlie LeDuff About Contact Advertise With Us Privacy Terms \u2630 Get our newsletter February 27, 2025 | 38 Clouds Search Sponsored by: Home Articles Deadline Detroit Digest Crime Prof With Sex Harassment Rap Sheet Keeps His Job TweetShare 2/27/25, 7:40 Deadline Detroit Prof With Sex Harassment Rap Sheet Keeps His Job 1/6 July 23, 2012, 7:05 Eetter Edwin Etter, an Eastern Michigan University business school professor was suspended, then twice denied tenure for sexual harassment of students and staff, but will spend at least one more year on campus, drawing a salary of nearly $120,000, the Free Press reports. In a March 12 letter to Etter, Provost Kim Schatzel wrote: \"Your record of egregious and repeated behavior in the form of sexual harassment cannot be ignored, particularly as the misconduct continued after you were warned and counseled to stop the behavior.\" Reporter David Jesse writes accusations against Etter included telling a female student that wearing a shorter skirt would get her better grades on an exam. Read more: Detroit Free Press 2/27/25, 7:40 Deadline Detroit Prof With Sex Harassment Rap Sheet Keeps His Job 2/6 Leave a Comment: Contributors Allan Lengel Nancy Derringer Violet Ikonomova Alan Stamm Joe Lapointe Chad Selweski Michael Lucido Greg Bowens 2/27/25, 7:40 Deadline Detroit Prof With Sex Harassment Rap Sheet Keeps His Job 3/6 Photo Of The Day Mexicantown Restaurant, a popular draw at Bagley and 24th By: Colin McConnell Follow Us on Instagram 2/27/25, 7:40 Deadline Detroit Prof With Sex Harassment Rap Sheet Keeps His Job 4/6 Deadline's Latest Media Bloomfield Hills Native Returns Home to Work As Reporter February 27, 2025, 3:17 - Deadline Detroit Politics Michigan Sen. Elissa Slotkin to Deliver Response to Trump's Speech to Congress February 27, 2025, 1:58 - Deadline Detroit Media Michigan Journalism Hall of Fame Names 11 Inductees February 26, 2025, 10:09 - Deadline Detroit Cityscape Times Lists Detroit Among 52 Places to Go in 2025 February 26, 2025, 9:49 - New York Times 2/27/25, 7:40 Deadline Detroit Prof With Sex Harassment Rap Sheet Keeps His Job 5/6 Sports Detroit Pistons Win 8th in a Row, Beating Celtics February 26, 2025, 9:14 - Deadline Detroit Load More Stories Home About Contact Advertise With Us Terms Privacy \u00a9 Copyright 2025 Deadline Detroit, Inc. - All Rights Reserved 2/27/25, 7:40 Deadline Detroit Prof With Sex Harassment Rap Sheet Keeps His Job 6/6", "7320_102.pdf": "Documents professor denied tenure after 2007 sexual harassment complaints to remain on staff next year Published: Jul. 19, 2012, 9:59 a.m. Eastern Michigan University denied tenure to a business professor earlier this year because of sexual harassment claims lodged in 2007, according to a March 15 letter from the university provost. Edwin Etter was denied tenure at Eastern Michigan University this year. Eastern Michigan University WATCH: Eamonn Holmes delivers scathing verdict on Elon Musk's 'distracting Subscribe Advertisement Close The denial came in spite of support from the College of Business dean, colleagues and a personnel committee and despite an absence of sexual harassment misconduct by the professor in four and a half years. In 2007, three students lodged formal sexual harassment complaints against accounting professor Edwin Etter, complaints that were found valid by the school's diversity office and that led to a year-long suspension ending in 2008, according to a review of his personnel file, obtained by AnnArbor.com through a Freedom of Information Act Request. During the suspension, Etter attended weekly counseling sessions, according to his 2011 tenure application. Etter returned to in summer 2008 and has taught classes each year since completing his suspension, although in May 2012 he was relieved of his teaching duties and will be on desk duty until his employment agreement expiries in August 2013. It is common for universities to grant faculty a terminal year of employment after denying tenure terminal year is required by the current faculty union contract. Etter has been employed with since 2002, served on numerous Michigan boards and has received or been nominated for several teaching awards, according to his personnel file. In 2009, he was promoted to associate professor and he makes more than $119,000 a year, according to his personnel file. In March, however provost Kim Schatzel denied his request for tenure, citing the sexual harassment misconduct from 2007. Schatzel denied the tenure request despite approvals from College of Business Dean David Mielke and an personnel committee, documents from Etter's personnel file show. In a March 12 letter denying Etter tenure, Schatzel criticized him for \"egregious and repeated\" incidents of sexual harassment. She wrote that his \"repeated acts of serious misconduct directed against students and a staff member\" preclude him from being granted tenure. Documents from Etter's personnel filed indicate that a sexual harassment complaint was lodged against him and he was advised to change his behavior. Soon afterward, another complaint was lodged against him and he was placed on suspension. Based on a review of documents, timing on the third complaint is not clear. Etter first applied for tenure several years ago but was initially denied in 2009 by the Board of Regents. The faculty union filed a grievance on his behalf, claiming that the school did not follow appropriate methods in its denial. An arbitrator agreed with the union but allowed to restart the tenure consideration process. In the arbitrator's ruling President Susan Martin was quoted as telling regents \"she had serious reservations\" about granting Etter tenure. \"In compliance with the arbitration ruling, the professor was eligible to re-apply for tenure, which was subsequently denied Vice President of Communications Walter Kraft said in a statement. Etter applied again in October 2011. That reconsideration ended in the March 2012 denial letter from Schatzel, which the regents upheld in June faculty union president Susan Moeller said the union defended Etter in his original tenure application because the \"administration did not follow the evaluation process agreed to in the union contract, and we wanted to ensure that the correct process would be followed in the future.\" Moeller said the union did not represent Etter in his second attempt for tenure, filed in 2011. Schatzel's tenure denial and criticism came four and a half years after the original harassment complaints against Etter. According to his personnel file, he has not had an infraction since 2007 June 2008 memo to Etter set forth restrictions on how he could interact with female students. \"You are to have your door completely open when meeting with any female student or staff member,\" Mielke wrote in a June 2, 2008, memo. \"You are not to have any contact with students or secretaries on a social basis, such as going to lunch or having coffee.\" Mielke continued: \"If there are any violations of the university's sexual harassment policy, including... inappropriate physical contact or touching of students, clerical or other staff or inappropriate comments, jokes or innuendos in class, in your office or at [university functions] we will pursue termination.\" Etter's misconduct did not include sexual touching, according to sources. Detailed complaints were not included in Etter's personnel file. When reached by phone, Etter politely declined to comment for this article. Prior to teaching at EMU, Etter was a professor at the University of South Florida for four years. He was not accused of sexual harassment during his time there, according to his personnel file. In his 2011 application for tenure, Etter said he has changed the way he acts around students since his suspension never meant to insult or cause anyone any mental discomfort or uneasiness fully understand and realize what said to certain students was insensitive, inappropriate, irresponsible, and unprofessional in a student-teacher relationship,\" he wrote. \"The most important lesson took away from counseling was that boundaries need to exist between faculty and students and that am responsible for setting and maintaining these boundaries,\" he continued. \"Even though it may appear that you have a good relationship with your students, an off-handed comment or comments you made in the past, even though in jest, can be harmful or cause anxiety to your students, especially female students.\" Etter's current employment agreement runs through August 31, 2013. According to a May memo, administrators have removed Etter from his scheduled teaching load for the coming year and instead placed him on desk duty, during which he will help the business school prepare for an upcoming Association to Advance Collegiate Schools of Business review. Etter's tenure denial, and subsequent removal from teaching, comes in spite of positive performance reviews he has received since his return to in 2008 In January 2012 Mielke rated him \"distinctly above average.\" Since his suspension, a female student nominated Etter for a 'faculty in a supporting role' merit awarded by the Holman Learning Center and in 2011 another female student nominated Etter for a teaching award, according to his 2011 tenure application. In fact allowed Etter to teach overload courses starting in 2009, allowing him to be in contact with more students than the average professor do not believe would be allowed the additional contact with students if was still considered a risk,\" Etter wrote in his 2011 tenure application. In the January 2012 evaluation, the business school dean praised Etter. \"It appears he has regained the respect of his colleagues. Many of these are also female colleagues,\" Mielke wrote, adding later: \"He has provided evidence to show that he has successfully learned and utilized strategies and techniques to prevent his previous misconduct.\" But despite growing responsibility and three years of working with students since his reinstatement, the provost wrote on March 12 that Etter's \"record of egregious and repeated behavior in the form of sexual harassment cannot be ignored.\" According to EMU's sexual harassment policy, staff violators \"are subject to disciplinary action, up to and including discharge.\" When asked why the school did not dismiss Etter upon finding the harassment complaints valid, Kraft issued the following statement: \"This is a personnel issue, and as a longstanding policy the university will not discuss personnel matters with the media.\" Kellie Woodhouse covers higher education for AnnArbor.com. Reach her at [email protected] or 734-623-4602 and follow her on twitter. 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About Us Contact Us Jobs at MLive MLive Media Group Our Team Advertise with us Accessibility Statement Subscriptions MLive.com Newsletters The Ann Arbor News The Bay City Times The Flint Journal The Grand Rapids Press Jackson Citizen Patriot Kalamazoo Gazette Muskegon Chronicle The Saginaw News Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback MLive Sections Jobs Autos Real Estate Rentals Classifieds News Business Sports Advice High School Sports Betting Life Opinion Obituaries Your Regional News Pages Saginaw Jackson Kalamazoo Muskegon Ann Arbor Bay City Flint Grand Rapids Mobile Mobile apps More on MLive Video Weather Post a job Archives Classifieds Sell your car Sell/Rent your home Sponsor Content Follow Us Twitter Facebook YouTube | Privacy Policy | User Agreement | Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7320_103.pdf": "Tenure and Harassment Eastern Michigan University suspended a professor for inappropriate conduct, and eventually denied him tenure as well. But why did it let him teach for several years after the suspension? July 31, 2012 faculty member at Eastern Michigan University was suspended over sexual harassment claims. He returned a year later, in 2008, and taught for several years, but was then denied tenure. When he reapplied, after an arbitrator agreed with the faculty union that proper rules were not followed the first time, he was denied tenure once again, and the provost cited sexual harassment as a reason, according to the letter denying him tenure. The case involves Edwin Etter, an associate professor of accounting at the university\u2019s business school, who was denied tenure earlier this year. He will depart in August, 2013, but according to a local website he will be on \u201cdesk duty\u201d till then. Walter Kraft, vice president for communications at the university, declined to comment on the case while Etter did not respond to phone and e-mail requests for an interview. In the letter denying tenure to Etter, Kim Schatzel, provost and vice president, said the professor's record of repeated sexual harassment (against students and one staff member) could not be ignored, despite his strong teaching and service record. The Detroit Free Press, which viewed a report on the university's investigation into the allegations and quoted from it, reported that Etter told a female student that she would do better on an exam if she wore a short skirt and high heels. The newspaper said students complained about being touched on the shoulder and thigh by Etter, who also told an employee that he wished he were under her desk. The newspaper also quoted from Etter's tenure application where he apologized for his conduct am truly sorry for the conduct that led to my suspension, and want to take this 3/1/25, 10:05 Eastern Michigan professor denied tenure because of sexual harassment issues 1/4 opportunity to again apologize to the community for my actions,\" he wrote in his application, according to The Detroit Free Press believe my conduct over the past four years and one-half (years) demonstrates that will not repeat the actions that led to my suspension.\" According to Eastern Michigan's collective bargaining contract for faculty, a faculty member can be denied tenure on \"justifiable facts\" based on performance or other issues, and Schatzel's letter pointed out that Etter had not satisfied the terms of the contract. And though neither Etter or administrators are keen to talk, the situation raises questions about why he was allowed to teach for several years after the university found that he had harassed multiple times, and yet denied him tenure citing those claims. Experts called the case intriguing and complex, from the perspectives of students and of the professor. Theresa Beiner, associate dean of faculty development and a law professor at the University of Arkansas at Little Rock, said tenure is seen as giving lifetime employment to someone barring significant misconduct, and she wondered if that factor played into the Eastern Michigan\u2019s decision think the distinguishing factor here was the tenure decision,\u201d said Beiner, who is an expert on sexual harassment issues in higher education. Beiner said that a university might not want to increase its risk in certain situations. \u201cIt is a tough situation for the employee, and the university, which is caught in a catch-22 situation.\u201d As for the perspective of the victims, Beiner noted that the professor was suspended and attended counseling sessions. \u201cThus, the university at least attempted to address the victims' concerns and did more than simply slap him on the wrist, so to speak,\u201d she said in an e-mail can't tell if that was done here, but it is a possibility that the victims were consulted about the punishment and thought it was appropriate.\u201d Beiner wondered if the results would have been any different if universities had stronger rules for \u201cde-tenuring.\u201d 3/5 Articles remaining this month. Sign up for a free account or log in 3/1/25, 10:05 Eastern Michigan professor denied tenure because of sexual harassment issues 2/4 Some pointed to the complex nature of the tenure process, and how different groups can have different opinions. Ann Franke, president of Wise Results, LLC, a consulting firm on higher education issues, said that, although the best institutions have clear standards for tenure, faculty evaluations involve a lot of people. \u201cReviewers in the initial stages may feel one way about a candidate while those in later stages may feel differently. Reasonable people may disagree about the seriousness of a faculty member\u2019s shortcomings and his or her success in correcting them,\u201d Franke wrote in an e-mail. \u201cOpinions of peers should receive considerable, although not dispositive, weight in the final decision.\u201d Franke, who wasn\u2019t commenting specifically about Eastern Michigan, said that if a faculty member does not meet the standards of an institution, it might be prudent to decline to renew that person\u2019s contract earlier rather than later. \u201cBoth the individual and the institution have less invested in the relationship at its earlier stages,\u201d she said. The American Association of University Professors expects university administrators to follow a recommendation by a faculty body, unless there is a rare and compelling reason not to do so, said Greg Scholtz, director of academic freedom, tenure and governance for the association. Scholtz said that if the professor\u2019s misconduct was grave, he could have been dismissed for cause or not reappointed. \u201cThere might have been this assumption that this was misconduct capable of being remediated\u2026 and for the person to meet the standards of tenure,\u201d he said. \u201cOn one hand, it seems, he addressed the problems. Now, we are getting the message, he did not address the problems and he has to leave. It doesn\u2019t make sense to me.\u201d But what about the issue of exposing more students to a faculty member who has been found to be sexually harassing students despite counseling? 3/5 Articles remaining this month. Sign up for a free account or log in. 3/1/25, 10:05 Eastern Michigan professor denied tenure because of sexual harassment issues 3/4 Copyright \u00a9 2025 Inside Higher Ed All rights reserved. | Tenure and Harassment \u201cThere is a social culture of misusing power in sexual harassment cases. As a feminist wouldn\u2019t want to give a person a chance to engage in such behavior,\u201d said Michelle Hughes Miller, an associate professor of sociology and women\u2019s and gender studies at the University of South Florida. \u201cBut as a criminologist want to say that one can learn from sanctions and change their behavior.\u201d Written By 3/5 Articles remaining this month. Sign up for a free account or log in. 3/1/25, 10:05 Eastern Michigan professor denied tenure because of sexual harassment issues 4/4"} |
7,520 | Tcho Caulker | Quinnipiac University | [
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] | {"7520_101.pdf": "Privacy - Terms \uf167 \uf0e1 \uf16d \uf39e Tuesday, March 18, 2025 \uf002 Search About Join Resources Gallery Contact News Sports Entertainment Watch Live \uf086 \uf164 \uf39e \uf0e0 \uf02f Photo Courtesy: Southington Police (WFSB) Former adjunct professor seeks medical dismissal after harassment case Brooke Reilly June 6, 2019 Follow @brooke1097 Former Quinnipiac professor, Tcho Caulker, is looking for a dismissal on the basis of suffering a psychiatric disability after a harassment incident last year. In April 2018, Caulker was removed from the university after sending inappropriate emails to students. Prior to his removal he emailed six women, including five Quinnipiac students and one Eastern Connecticut State University student. Caulker targeted one specific Quinnipiac student, who has since graduated, where he indicated that he wanted a romantic relationship with her. She was in Caulker\u2019s 301 class during the 2016-2017 academic year. Since then, Caulker has been arrested twice after violating a court order that prevents him from contacting a Southington, Connecticut, woman whom was one of his ex-students. The woman\u2019s name remains anonymous. Caulker sent 84 emails between Aug. 9 and Sept. 14 to the former student before being arrested on Sept. 21. He allegedly wrote things such as miss you\u201d and \u201cAre you OK?\u201d according to the warrant. The email that was reported to police on Nov. 3 says how much he loves her and cares for her. He also always wrote that he finished writing a novel, titled \u201cThe Pathway to the Journey,\u201d while in prison, which is about Caulker and the victim Tweets by Q30Television How \u2018The Karate Kid\u2019 keeps kicking March 6, 2025 News Sports Entertainment Watch Live \uf086 \uf164 \uf39e \uf0e0 \uf02f victim civil protection order was granted to the victim on July 30. This prevents Caulker from contacting her or \u201canyone with whom the contact would cause annoyance or alarm.\u201d If Caulker is placed in the supervised diversionary program, he could be required to get two more years of treatment. If he obeys, the charges will be dropped. He will be informed of whether or not he is eligible for the program and if the judge thinks it is appropriate on July 17. Right now, Caulker has two violations of a civil protection order and charges of second-degree harassment. Caulker appeared in Bristol Superior Court, where he is a member of the supervised diversionary program, on Aug. 22. Caulker was ordered to participate in the program for the maximum time allowed, which is two years. Throughout this time, he will be required to receive psychiatric treatment. The matters against Caulker will be dismissed if this is successful and there are no further issues. Updated 10:48 p.m. Aug. 23, 2019. Brooke Reilly is a senior journalism major from Cornwall, NY. She is currently the News Director for Q30 TV. She has previously served in the roles of Executive Producer of the Q30 Newscast, Associate Producer of and Secretary of Q30 TV. Brooke is currently an intern at News in New York City with the Show. She previously interned at 5 News and the News Channel in Los Angeles... Brooke Reilly, News Director Leave a Comment About the Contributor News Sports Entertainment Watch Live \uf086 \uf164 \uf39e \uf0e0 \uf02f \u00a9 2025 Q30 Television, 2019 Pro WordPress Theme by \u2022 Log in Q30 Television \uf39e \uf16d \uf0e1\uf167 275 Mount Carmel Avenue Q30 Television Hamden About Contact News Sports Entertainment Watch Live \uf086 \uf164 \uf39e \uf0e0 \uf02f", "7520_102.pdf": "The Quinnipiac Chronicle \u2022 September 25, 2018 \u2022 quinnipiac-adjunct-professor-arrested/ |Reading Time: 4 mins Former Quinnipiac adjunct professor arrested Staff Reports Reporting by Jessica Ruderman, Amanda Perelli and Christina Popik Former Quinnipiac adjunct professor and West Haven resident Tcho Caulker, 41, is under arrest and charged with harassment of a former student, Friday Sept. 21. Eighty-four unwanted emails were sent between Aug. 9 to Sept. 14 and addressed specifically to the former female student who graduated in May 2017 after a civil protection order was signed July 30 that prohibited Caulker from contacting the victim or the victim\u2019s family in any matter, according to Southington Police Department. [media-credit name=\u201dCourtesy of Southington Police Department \u201d align=\u201dalignright\u201d width=\u201d240\u2033][/media-credit]The former student, a Southington resident, reported the emails to Southington Police on Sept. 14. The following day, investigators spoke to Caulker who admitted to sending the messages. Caulker said he was aware of the civil protection order and knew he should not have reached out to her, according to the warrant. He said he does not plan to contact her any further, investigators wrote. Caulker was charged with criminal violation of a civil protection order and second degree harassment, according to a Southington Police Department press release. The victim made it clear that this email was not the first. \u201cThe professor had been sending me multiple inappropriate emails a day for the past 11 months and was saying how he would do anything to get a hold of me and was telling me he knew where worked and my family and was sending me pictures of them,\u201d the victim and former Quinnipiac student, who wished to remain anonymous told The Chronicle. Ryan O\u2019Neill, adjunct law professor and criminal defense lawyer, defines criminal violation of a civil protection order as a felony crime. \u201cIt happens when somebody, who has a civil restraining order issued against him/her, does something that violates the conditions of that restraining order,\u201d O\u2019Neill said civil restraining order is a court order that can be obtained by a person who can show the court that he/she has been the target of a continuous threat of physical injury, stalking, or a pattern of threatening by one of his/her family members or someone that he/she is dating.\u201d Harassment in the second degree is a misdemeanor crime, O\u2019Neill said. It happens when someone causes annoyance or alarm to the other person through communication. \u201cBecause of First Amendment protections, to be guilty of harassment a court must look only at the way in which the communication occurs, not the content of the communication unless the content itself threatens physical violence, or uses indecent or obscene language,\u201d O\u2019Neill said. An initial complaint was investigated April 24, on the incident of \u2018harassment by phone\u2019 against Caulker, according to a Hamden Police Department report. One of the emails that prompted the complaint was addressed to the victim along with four female Quinnipiac students and a female student at Eastern Connecticut State University. The victims were students as of the spring semester, and it is unsure if they currently attend either university. The inclusion of the then undergraduate students and the inappropriate nature of the content of the email prompted Caulker\u2019s removal from campus on Tuesday, April 24. Caulker confirmed in the April police report that he intended for the spring to be his last semester teaching at Quinnipiac regardless in order to pursue publishing. \u201c[The woman] stated she just wants Mr. Caulker to stop contacting her via social media and all other forms of contact,\u201d according to the Hamden report. \u201c[The woman] stated she is not interested in a relationship with Mr. Caulker and just wants him to stop contacting her and her friends.\u201d When asked if he ever had a romantic relationship in any way with the victim, Caulker hesitated to answer the question and eventually told investigators that they were supposed to go out in the past but never did, according to the warrant. Caulker was held on a $10,000 court set bond and appeared in Bristol Superior Court Monday, Sept. 24. His bail was set at $5,000 and he was issued a criminal protective order that prevents him from contacting the complainant, according to The Bristol Press. Caulker did not enter a plea Monday and is due back in court Oct. 19, according to The Bristol Press.", "7520_103.pdf": "Q30 Television \u2022 April 27, 2018 \u2022 inappropriate-emails-to-students/ Professor removed after sending inappropriate emails to students Cali Kees Follow @Q30News Follow @calikees Follow @joelvanner By Cali Kees and Joel Vanner part-time faculty member in the College of Arts & Sciences was abruptly dismissed from Quinnipiac Tuesday after students reported he had been sending them numerous emails that sought romantic relationships. Students in former part-time faculty member Tcho Caulker\u2019s evening 301 class were told via email Tuesday at 5:11 p.m. that he is no longer at Quinnipiac. The action occurred after current and former students reported that Caulker sent them messages they described as inappropriate to the university\u2019s Department of Public Safety. Public safety officers removed Caulker from his morning class in Tator Hall at 11:15 a.m. Q30 News reached out to Caulker using the Gmail in which he reached out to his students on for a statement, in which he replied and attached the following screenshot of the email sent to students in Professor Caulker\u2019s QU301 class following his removal from the university. Click on an image to expand it, then use your browser\u2019s back arrow to return to the story. The latest known email to six women, including five current or former Quinnipiac students and one at Eastern Connecticut State University, contained language that suggested he sought a romantic relationship with a specific Quinnipiac alumna. Q30 News interviewed one of the women who received emails from Caulker. She asked for and was granted anonymity for this article but agreed to be interviewed and recorded by phone to tell her side of the story. The woman said she enrolled in the 301 class for the 2016-2017 academic year, and Caulker began sending her multiple emails per day after she graduated from Quinnipiac. \u201cHe had been messaging me personally for over 11 months sending me more than three messages, like long paragraphs, a day,\u201d she said. \u201cNothing worrisome at first and then just one day everything took a turn.\u201d Caulker discussed his life and how he wanted to be with her. \u201cHe would do anything to get my attention and he started sending me pictures of his house and booking plane flights for me and sending me gifts and\u2026 just all this stuff and thought it had gone too far,\u201d she explained. At first, she thought she could just ignore the emails but, after 11 months of receiving emails from Caulker, she began to realize that she was not the only one receiving these romantic emails. Occasionally Caulker would send \u201cmass\u201d emails to multiple women. She decided to bring the emails that she had been receiving to Quinnipiac\u2019s Department of Public Safety in hopes that they would become aware of the situation, and if a situation like this were to start to arise in the future it could be prevented. \u201cOnce brought it to QU\u2019s attention everyone else started bringing it to QU\u2019s attention and all these emails started coming out that have acquired over the past three years think,\u201d she said. After this was brought to Quinnipiac\u2019s attention, she explained that the school did what they thought was appropriate believe from my understanding had received emails from him as well saying that he knew where me and some of my friends worked, where we lived, things like that,\u201d she said. \u201cThey were starting to get concerned for our safety and the safety of the other, our other friends and other people on the campus.\u201d The women receiving emails from Caulker did not receive only one or a few personally received over 300 emails from him,\u201d she said. \u201cI\u2019m not positive about everyone else but know everyone else had received multiple emails.\u201d Even after the women had asked him to stop he continued to email every one of them know the other girls had asked him nicely to stop and he never stopped for any of us,\u201d she explained. Throughout these alleged three years of emails, she believes that no one that has received these kinds of emails from Caulker has come forward before. She believes that the University may have some reports of odd interactions students have had with Caulker, but nothing to this extent. \u201cThey had like little details from the past nothing as\u2026he hasn\u2019t taken it as far with the other girls as he has with us,\u201d she said. Emailing is not the only form of contact that Caulker has attempted to make with these women personally have received multiple requests on Facebook, on Instagram, on Twitter, on Snapchat, he has found on text me app. He had found me on every social media,\u201d she said. While this woman had Caulker as a Professor for her 301 class, others who have received emails have not. Caulker served as her professor in 301 and found him to be \u201ca really sweet like normal guy, everything,\u201d she said. She explained that she never really had a special bond with him in class never was a teacher\u2019s pet never went to office hours,\u201d she said. Despite not having any sort of special bond, the emails started after graduation. She did not have a different experience in Caulker\u2019s class than any of his students from this semester. The Q30 News Team went to Caulker\u2019s former 6:30 p.m. lecture to speak to students about their reaction to Caulker\u2019s removal as well as what their perception of him was as their professor never got any inappropriate or overwhelming vibes from him. But he definitely is a very passionate guy about what he teaches and about us pursuing our goals\u2026so do see how that could be possibly misinterpreted,\u201d senior Alexandra Halaris said. Shaina Bauersachs, another student in the class, mirrored Halaris\u2019 opinion was surprised but not, like, shocked because he was always mean, he was really nice and understanding but could see where that could be misunderstood,\u201d Bauersachs said. Our source, who wished to remain anonymous, did not know any of the other girls who had received emails from Caulker before this whole situation. As mentioned before, he would occasionally send \u201cmass\u201d emails and this is how she found out about the other women lot of the emails he had sent to me he sent to just me personally\u2026 but a good portion of them he included at least five or ten other girls,\u201d she said. \u201cEither girls he had talked to in the past, or girls who were friends of these girls who he sent multiple messages to.\u201d These \u201cmass\u201d emails allowed these girls to connect. She said that because of them she started getting Facebook messages from the other girls that she had been grouped together in these emails with. She said that this group of girls did not want any harm to be the outcome of them going to the Department of Public Safety. All that she personally wanted was for Caulker to stop reaching out to her. \u201cHe was reaching out to my home friends, my family just personally wanted him to stop that because he\u2026 just the things he was saying were almost\u2026 they were just\u2026 they just made it seem like we had a relationship or something like that it\u2019s just almost embarrassing,\u201d she said. The main goal for her was to get Caulker to stop contacting people from her personal and she is optimistic that now it will end. When the emails did \u201ctake a turn\u201d she became very worried. \u201cBased on some of his the way he was talking and stuff didn\u2019t really know what he would do next didn\u2019t think he was\u2026he didn\u2019t sound stable all the time so definitely got worried,\u201d she said. This situation has been brought to the Hamden Police Department and is currently an open investigation. Updated 9:09 p.m. April 27, 2018. This article will be updated as new information is released.", "7520_104.pdf": "By By UPDATED: UPDATED: December 6, 2018 at 2:37 December 6, 2018 at 2:37 former Quinnipiac University adjunct professor was arrested after police say he sent former Quinnipiac University adjunct professor was arrested after police say he sent romantic emails to a former student even after a protective order was issued banning him romantic emails to a former student even after a protective order was issued banning him from contacting her. from contacting her. Tcho Mbaimba Caulker, 31 of West Haven, was charged with second-degree harassment and Tcho Mbaimba Caulker, 31 of West Haven, was charged with second-degree harassment and violation of a civil protective order, according to court records obtained Tuesday in Superior violation of a civil protective order, according to court records obtained Tuesday in Superior Court in Bristol. Court in Bristol. Caulker taught a seminar, according to John W. Morgan Jr., the school\u2019s associate vice president Caulker taught a seminar, according to John W. Morgan Jr., the school\u2019s associate vice president for public relations. He no longer teaches there, Morgan said. for public relations. He no longer teaches there, Morgan said. The victim told police Caulker became obsessed with her when she took his class. The warrant The victim told police Caulker became obsessed with her when she took his class. The warrant states she told police she \u201cnever had any relationship in any way with Tcho except for being in states she told police she \u201cnever had any relationship in any way with Tcho except for being in his class.\u201d his class.\u201d Details about the student were not available to protect her identity. Police called her \u201cVictim 1\u201d Details about the student were not available to protect her identity. Police called her \u201cVictim 1\u201d throughout the warrant. throughout the warrant. Caulker, a New Jersey native, is free on $5,000 bail and is due back in court on Oct. 19. Caulker, a New Jersey native, is free on $5,000 bail and is due back in court on Oct. 19. In the warrant for Caulker\u2019s arrest, Southington Officer Joseph Grigerek said the victim and her In the warrant for Caulker\u2019s arrest, Southington Officer Joseph Grigerek said the victim and her mother came to the Southington police station to report a violation of a civil protective order mother came to the Southington police station to report a violation of a civil protective order issued July 30. issued July 30. She told police Caulker had become obsessed with her, according to police. She told police Caulker had become obsessed with her, according to police Two hospitalized, 13 people displaced by fire at multi-family Two hospitalized, 13 people displaced by fire at multi-family residence in Hartford residence in Hartford March 18, 2025 at 9:50 am March 18, 2025 at 9:50 am Ex-Professor Charged With Harassing Student Ex-Professor Charged With Harassing Student Quinnipiac\u2019s tech security found 194 emails sent by Caulker to the student between July 18 and Quinnipiac\u2019s tech security found 194 emails sent by Caulker to the student between July 18 and Sept. 12, according to police. All but two were addressed to the victim, her attorney said. Sept. 12, according to police. All but two were addressed to the victim, her attorney said. Caulker sent them from his private email address to the student\u2019s Quinnipiac email account. Caulker sent them from his private email address to the student\u2019s Quinnipiac email account. Police said 84 emails were sent after the protective order was issued. Police said 84 emails were sent after the protective order was issued. Emails cited in the warrant have subject lines such as Miss You,\u201d \u201cAre You Okay Saw and Emails cited in the warrant have subject lines such as Miss You,\u201d \u201cAre You Okay Saw and Understand\u201d and \u201cOne More Mushy Note.\u201d Understand\u201d and \u201cOne More Mushy Note.\u201d Grigerek said Caulker admitted he sent the emails despite the protective order, apologized and Grigerek said Caulker admitted he sent the emails despite the protective order, apologized and said he would stop sending them, according to the police report. He told police the two did not said he would stop sending them, according to the police report. He told police the two did not have a romantic relationship but he had hoped to meet her. have a romantic relationship but he had hoped to meet her. Originally Published: Originally Published: September 25, 2018 at 7:40 September 25, 2018 at 7:40 11 woman has been eating at this restaurant for 70 years. It draws a lot of woman has been eating at this restaurant for 70 years. It draws a lot of culinary devotion culinary devotion 22 CT's largest flea market sets opening day for 50th season. Here's how to attend CT's largest flea market sets opening day for 50th season. Here's how to attend 33 Despite deep field, UConn women's basketball enters Tournament with good Despite deep field, UConn women's basketball enters Tournament with good health and high hopes health and high hopes 44 March Madness: Here\u2019s the 2025 Men\u2019s Basketball Tournament Bracket March Madness: Here\u2019s the 2025 Men\u2019s Basketball Tournament Bracket 55 Tough draw for UConn men: Breaking down Huskies' path in Tournament Tough draw for UConn men: Breaking down Huskies' path in Tournament West Region West Region 66 judge upholds decision to deny electric company rate increase judge upholds decision to deny electric company rate increase 77 New license plates sell so fast they made room for more orders. Cheesy vanity New license plates sell so fast they made room for more orders. Cheesy vanity requests pour in too requests pour in too 88 UConn women get No. 2 seed in Spokane 4 region with path through in 2025 UConn women get No. 2 seed in Spokane 4 region with path through in 2025 Tournament Tournament 99 Breaking down the UConn women's basketball team's bracket, Final Four path in Breaking down the UConn women's basketball team's bracket, Final Four path in 2025 Tournament 2025 Tournament 10 10 hunting and fishing licenses sales decline. It impacts the economy and outdoor hunting and fishing licenses sales decline. It impacts the economy and outdoor programs programs 2018 2018 \ue907 \ue907September September \ue907 \ue90725 25 Copyright \u00a9 2025 Taga Life Copyright \u00a9 2025 Taga Life man who allegedly fled from 2024 man who allegedly fled from 2024 crash arrested on multiple motor crash arrested on multiple motor vehicle charges vehicle charges America\u2019s ports have labored to clean America\u2019s ports have labored to clean up pollution. Will that continue? up pollution. Will that continue man accused of attempting to cash man accused of attempting to cash fraudulent checks at multiple credit fraudulent checks at multiple credit union branches union branches Two hospitalized, 13 people displaced Two hospitalized, 13 people displaced by fire at multi-family residence in by fire at multi-family residence in Hartford Hartford Stores Stores", "7520_105.pdf": "Crime & Safety Ex-Adjunct Professor Has Charges Dropped Cases against former Quinnipiac professor accused of harassing Southington woman dropped. The Bristol Press, News Partner Posted Thu, Aug 19, 2021 at 2:30 pm Charges against former Quinnipiac professor accused of harassing Southington woman has been dropped. (Image via Shutterstock) \uf0cfSign up Southington \uf01eSubscribe News Feed Events Local Businesses Classifieds By Justin Muszynski, The Bristol Press August 19, 2021 former adjunct professor at Quinnipiac University, arrested twice and accused of violating a court order that prevents him from contacting one of his ex- students, a Southington woman, no longer faces charges. Find out what's happening in Southingtonfor free with the latest updates from Patch. Your email address Tcho Caulker, 43, of West Haven, had a scheduled hearing Tuesday in New Britain Superior Court. Online judicial records indicate two cases he had pending were dropped. This comes on the heels of Caulker in 2019 being granted the Supervised Diversionary Program, which allows defendants to seek psychiatric treatment while their case is put on hold for up to two years. The program allows for treatment in lieu of prosecution and results in a dismissal if it is completed successfully. At the time that Caulker was enrolled in the program, court officials said he was found several months earlier to not be competent to understand the proceedings against him. His competency was later restored after spending at least 60 days in the Whiting Forensic Hospital, in Middletown, court documents said. Caulker was first arrested Sept. 21, 2018, for allegedly sending a former student 84 emails, in violation of the court order, between Aug. 9 and Sept. 14 of that Subscribe year. Police say he wrote things like miss you\u201d and \u201cAre you OK?\u201d in the emails, the warrant said. According to the warrant, Quinnipiac had blocked emails from Caulker\u2019s email address, so the complainant had not been aware of them until school officials notified her that they had intercepted the correspondences. The woman, a Southington resident, reported the emails to police on Sept. 14, 2018. Investigators the next day spoke to Caulker. When asked if he had ever been involved romantically with the complainant, Caulker hesitated, police wrote in the warrant, and said the two were supposed to \u201cgo out in the past but never did.\u201d Aside from being in his class, the victim told police, she did not have any kind of relationship with Caulker. Following that arrest, Caulker was charged again for allegedly emailing a friend of the victim and professing his love for his former student, according to the arrest warrant. In the email, which was reported to police on Nov. 3, 2018, Caulker talks about how much he loves the victim and cares for her, the warrant said. He also said he finished writing his novel while locked up for his first arrest. The novel, according to the warrant, is called \u201cThe Pathway to the Journey,\u201d and is about Caulker and the victim. \u201cHe promises that there has never been anyone else, but (the victim),\u201d police wrote in the warrant. \u201cHe stated she is the best thing to ever happen to him and he still misses her more than anything.\u201d According to court documents, a civil protection order was granted to the victim in July 2018, forbidding Caulker from contacting her or \u201canyone with whom the contact would cause annoyance or alarm.\u201d Caulker and the victim met while he served as her professor at Quinnipiac, in Hamden. The woman alleges to police that he became \u201cobsessed with her,\u201d the warrant said. The document does not provide a timeframe as to when Caulker was the victim\u2019s professor. He taught at the school as recently as April 2018 and no longer works at Quinnipiac, the warrant said. Caulker had faced charges of second-degree harassment and two counts of violation of a civil protective order. Justin Muszynski can be reached at 860-973-1809 or [email protected]. 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7,457 | Avital Ronell | New York University | [
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The latest headlines from our reporters across the sent straight to your inbox each weekday Email would like to be emailed about offers, events and updates from The Independent. Read our privacy policy 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 2/11 Her former student, 34-year-old Nimrod Reitman, accused Ms Ronell, 66, of physical and verbal harassment during his time at the university. Mr Reitman, who is now a visiting fellow at Harvard, claimed Ms Ronell repeatedly kissed and touched him, slept in his bed with him, demanded he sleep in hers, messaged and called him constantly, and refused to work with him if he failed to reciprocate. According to The New York Times, who saw excerpts of an report into the case, Ms Ronell sent emails to her student in which she called him \u201cmy most adored one\u201d, \u201csweet cuddly Baby\u201d, and \u201ccock-er spaniel\u201d. Ms Ronell, who is a lesbian, told the newspaper her behaviour towards Mr Reitman, now a married gay man, did not constitute harassment. 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 3/11 \u201cOur communications \u2014 which Reitman now claims constituted sexual harassment \u2014 were between two adults, a gay man and a queer woman, who share an Israeli heritage, as well as a penchant for florid and campy communications arising from our common academic backgrounds and sensibilities. Students at the University of Bristol raise \u00a31,500 for cleaner so he can go to Jamaica with his wife 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 4/11 \u201cThese communications were repeatedly invited, responded to and encouraged by him over a period of three years.\u201d Despite being cleared of sexual assault, stalking and retaliation, the university upheld the complaint against Ms Ronell of sexual harassment. The decision by has sparked a complaint from a group of international academics, who published an open letter accusing Mr Reitman of waging a \u201cmalicious campaign\u201d against the professor. \u201cWe testify to the grace, the keen wit, and the intellectual commitment of Professor Ronell and ask that she be accorded the dignity rightly deserved by someone of her international standing and reputation,\u201d they wrote. 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 5/11 More about: Academia Sexual harassment New York Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments 0 Promoted stories Sponsored Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. 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Join no\u2026 Sponsored Villas For Sale in Dubai Might Surprise You Sponsored Mubarikpur: Discover Affordable Laser Cutting Machine Options Learn More Sponsored Pakistan: Jewelry On Sale For Half Price (See Price List) Learn More Mubarikpur: Unsold Prefabricated Houses Are on Sale (Take a Look at Prices) 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 6/11 Sponsored Sponsored Explore Affordable Wedding Dress Options Learn More Deadpool star cuts ties with Marvel after third film \u2019embarrassment EastEnders co-stars had \u2018secret romance\u2019 for several years How a film about women\u2019s \u2018invisible\u2019 labour in marriage sparked a debate in India 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 7/11 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 8/11 Sponsored Simon Calder\u2019s top five destinations to visit in 2025 Visit these top five enticing holiday destinations in 2025 before the crowds move in, says our renowned travel correspondent Sponsored New Container Houses In Mubarikpur: Take Look At The Prices Learn More Sponsored Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More Read More Comments 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 9/11 Melt-in-your-mouth beef short ribs with beetroot and blackberry Tennessee suspect in dozens of rapes gets 95 years for child sex abuse images and escape convictions Sponsored Never Throw Away the Water After Boiling Eggs - The Reason is Genius! Wish we had known this before Vulnerable woman who lay dead in flat for three years \u2018left to fend for herself Contact us Subscribe Register Newsletters Today\u2019s Edition Install our app Archive International editions Independent en Espa\u00f1ol Independent Arabia Independent Turkish Independent Persian Independent Urdu The Standard Code of conduct and complaints Puzzles 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 10/11 Contributors Cookie policy Privacy policy User policies Modern Slavery Statement All topics Betting Offers Voucher codes Competitions and offers Independent Advertising Independent Ignite Syndication Working at The Independent 2/27/25, 7:41 Feminist philosophy professor suspended over sexual harassment allegations | The Independent | The Independent 11/11", "7457_102.pdf": "\u2014 New York University has suspended prominent professor Avital Ronell, who teaches German and comparative literature, for the upcoming academic term after an investigation found that she sexually harassed a former graduate student. One of her students, Nimrod Reitman, complained that Ronell verbally and physically harassed him. Reitman, 34, alleges that Ronell, 66, tried kissing him and requiring him to share a bed with her starting in 2012 suspends Jewish professor after sexual harassment complaint from ex-student Avital Ronell won\u2019t teach this year after Nimrod Reitman accused her of stalking, sexual assault over a period of 3 years; prominent feminists criticized for backing Ronell By 15 August 2018, 6:54 pm New York University professor Avital Ronell. (Alfred Herrhausen Gesellschaft/Facebook via JTA) 2/27/25, 7:41 suspends Jewish professor after sexual harassment complaint from ex-student | The Times of Israel 1/3 Reitman filed a Title complaint in 2017, two years after receiving his doctorate from the university. He is now a visiting fellow at Harvard. Ronell identifies as a lesbian and Reitman identifies as gay. She has denied harassing Reitman, and she invoked their sexual orientations and shared Israeli roots, in a statement to The New York Times. \u201cOur communications \u2014 which Reitman now claims constituted sexual harassment \u2014 were between two adults, a gay man and a queer woman, who share an Israeli heritage, as well as a penchant for florid and campy communications arising from our common academic backgrounds and sensibilities,\u201d she said. \u201cThese communications were repeatedly invited, responded to and encouraged by him over a period of three years.\u201d After finished the investigation in the spring, prominent feminists came to Ronell\u2019s defense, including Judith Butler, an influential gender theory scholar. Some saw the defenses as echoing similar ones, criticized by feminists, made on behalf of male accused harassers. The university\u2019s Title investigation found Ronell guilty of physical and verbal harassment, but not of other actions alleged by Reitman, including sexual assault, stalking and retaliation. The investigation concluded amid the flood of sexual harassment allegations known as the #MeToo movement, mostly made by women against prominent men. Reitman said that he had filed his complaint prior to those allegations. \u201cIt didn\u2019t come from #MeToo,\u201d he said. 00:00 / 39:27 2/27/25, 7:41 suspends Jewish professor after sexual harassment complaint from ex-student | The Times of Israel 2/3 2/27/25, 7:41 suspends Jewish professor after sexual harassment complaint from ex-student | The Times of Israel 3/3", "7457_103.pdf": "Washington Square News \u2022 April 22, 2019 \u2022 professor-returns-to-teach/ Professor Accused of Sexual Harassment to Return to After an 11-month Title investigation found Professor Avital Ronell responsible for sexually harassing her doctoral advisee and led to her suspension, the professor will return to to teach in the fall. Meghna Maharishi, News Editor German and Comparative Literature Professor Avital Ronell \u2014 who was found responsible for sexually harassing a former graduate student \u2014 will be returning to teach at this fall, as reported by Local. Ronell\u2019s return comes after an 11-month Title investigation last year concluded that she had sexually harassed her doctoral advisee Nimrod Reitman for three years. In the report, Reitman alleged that Ronell had nonconsensually touched and kissed him on multiple occasions. After the investigation, Ronell was suspended from for the 2018-2019 academic year without pay. In an interview with the New York Times last year, Reitman described in the Title report how Ronell treated him while on a trip in Paris. \u201cShe put my hands onto her breasts, and was pressing herself \u2014 her buttocks \u2014 onto my crotch,\u201d Reitman said. \u201cShe was kissing me, kissing my hands, kissing my torso.\u201d In a statement to The New York Times last August, Ronell defended her interactions with Reitman. \u201cOur communications \u2014 which Reitman now claims constituted sexual harassment \u2014 were between two adults, a gay man and a queer woman, who share an Israeli heritage, as well as a penchant for florid and campy communications arising from our common academic backgrounds and sensibilities,\u201d Ronell wrote. \u201cThese communications were repeatedly invited, responded to and encouraged by him over a period of three years.\u201d via. Wikipedia Commons Professor Avital Ronell (pictured) will return to in the fall after being found responsible for sexual harassment last year. The Student Government Assembly published a letter on Friday condemning her return. (via Wikimedia Commons) After the university concluded the investigation, prominent academics like Judith Butler and Slavoj \u017di\u017eek, who has taught at NYU, signed a letter testifying to Ronell\u2019s character and intellectual prowess. The letter brought scrutiny to the #MeToo movement because Ronell had the continued support of prominent feminist scholars even after she was accused of sexual misconduct. \u201cWe have all seen her relationship with students, and some of us know the individual who has waged this malicious campaign against her,\u201d the letter said. \u201cWe wish to communicate first in the clearest terms our profound an[sic] enduring admiration for Professor Ronell whose mentorship of students has been no less than remarkable over many years.\u201d Reitman is currently suing Ronell and in the New York State Supreme Court over wrongful misconduct. When Reitman filed the lawsuit last year, university spokesperson John Beckman said in a statement to The New York Times that the university was sympathetic to Reitman, but did not see merit in the lawsuit. \u201cGiven the promptness, seriousness and thoroughness with which we responded to his charges, we do not believe that his filing a multimillion-dollar lawsuit against the university would be warranted or just,\u201d Beckman said in the statement. In fall 2019, Ronell will be teaching a graduate course called \u201cUnsettled Scores\u201d in conjunction with the English, German and Comparative Literature departments. According to the description on Albert, the course will focus on historical themes of violence, trauma, sovereignty and forgiveness. Ronell did not respond to a request for comment by time of publication. The university declined to comment version of this article appeared in the Monday, April 22, 2019, print edition. Email Meghna Maharishi at [email protected].", "7457_104.pdf": "By News Desk September 5, 2019 12:02 pm When the influential feminist scholar Avital Ronell, a New York University (NYU) professor of comparative literature and German, was found 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 1/9 responsible for sexually harassing her doctoral advisee following an eleven- month Title investigation in August 2018, she was suspended without pay from the university for the 2018\u201319 academic year. Since then, more than 250 undergraduate and graduate students, faculty and staff members, and alumni have signed a petition that opposes Ronell\u2019s return to campus. Published by the Graduate Student Organizing Committee Local 2110) and the activist group NYUtoo, the document calls for the termination of Ronell\u2019s employment and for institutional reform. \u201cNYU\u2019s decision to continue Ronell\u2019s employment constitutes an attack on survivors of sexual abuse and contributes to a hostile learning and working environment,\u201d the petition reads. \u201cThe university already tacitly acknowledges this in making it a condition of Ronell\u2019s return that her future meetings with students be supervised. Moreover, Ronell\u2019s behavior is not isolated to this particular instance, but is part of a long-standing pattern of intimidation and misconduct, as testified by other students and faculty 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 2/9 The statement also criticizes the university\u2019s handling of the case and its silence following a \u201cdisinformation campaign against Ronell\u2019s accuser in which many prominent scholars, including professors, signed a letter defending Ronell solely based on her scholarly reputation and slandered her accuser\u2019s claims as being motivated by malicious intent. This letter and NYU\u2019s failure to respond to it further highlight the power imbalance between advisors and graduate students, and the barriers that prevent reporting instances of misconduct and being taken seriously.\u201d Addressed to president Andrew Hamilton, the letter roiled academia further as it became an example for many of the reputation defense. \u201cWe testify to the grace, the keen wit, and the intellectual commitment of Professor Ronell and ask that she be accorded the dignity rightly deserved by someone of her international standing and reputation,\u201d the professors wrote. Among the signatories of the letter were academics from institutions across the globe, including Barnard College, Brown University, Northwestern University, the University of Strasbourg, and the University of Applied Arts Vienna 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 3/9 Allegations against Ronell first surfaced when Nimrod Reitman filed a complaint two years after graduating from with his doctorate in 2015. He claims that the abuse began in 2012, before he was even a student at the school, where Ronell has taught for more than two decades. According to a fifty-six-page lawsuit, Reitman alleged that Ronell \u201casserted complete domination and control over his life\u201d and \u201csubjected [him] to sexual harassment, sexual assault, and stalking.\u201d Ronell has consistently denied the accusations. She told the New York Times: \u201cOur communications\u2014which Reitman now claims constituted sexual harassment\u2014were between two adults, a gay man and a queer woman, who share an Israeli heritage, as well as a penchant for florid and campy communications arising from our common academic backgrounds and sensibilities. These communications were repeatedly invited, responded to and encouraged by him over a period of three years and Ronell did not respond to Artforum\u2019s request for comment before publication. [Update: September 5, 2:44 has provided Artforum with the lettter it sent to the graduate student union Local 2110, in response to the petition. It is published in full below: Dear GSOC, Like you, the University believes that the learning environment should be free from harassment, discrimination, and abuse. And we take seriously 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 4/9 the issues that you have raised in your letter. That said, your letter overlooks a number of important steps taken by NYU. For reasons of privacy, it is the University\u2019s practice not to discuss the details of personnel matters (this is true in the case of those represented by GSOC, too). Speaking generally, though, the University responded promptly after hearing from the complainant; investigated the matter thoroughly; and the outcome included a substantial sanction and ongoing supervision, all of which has been reported publicly. Following the completion of her year\u2019s suspension, Professor Ronell will be returning to her faculty duties, including teaching, in fall 2019. If we believed that she \u2013 or any other faculty member \u2013 could not conduct her classroom duties professionally, we would not permit him or her to be in a classroom. In this case, Professor Ronell\u2019s interactions with students will be monitored to ensure that she has absorbed the lessons of her misconduct and to ensure that she has rectified her behavior and that her interactions with students are in line with NYU\u2019s professional expectations. This matter has raised broader questions, as you note, about the appropriate, professional conduct that should exist between faculty and doctoral advisees. The dean of GSAS, Phil Harper, has been reviewing this topic, and this past spring finalized guidelines for faculty on mentoring doctoral students. These will serve as the basis for a handbook on the mentoring of doctoral students across the entire University that will be developed during the coming academic year. We have read your letter carefully, and will take your proposals under advisement. With respect to those proposals, we do want to note the following: All University employees are required by law to complete online sexual harassment training annually, in compliance with law. 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 5/9 Artforum Inbox While we do encourage callers to the Bias Response Line to share their identities, anonymous reports are also followed up. In addition, complaints can be made anonymously though the complaint form and through NYU\u2019s Compliance Hotline (though, again, we encourage people to submit identifying information so that we can follow up has made substantial investments in establishing the resource, and it has proven to be a successful and valuable resource for those in the community who have experienced sexual misconduct. In addition has extensive counseling resources with counselors specially trained to deal with trauma. Diversity, inclusion, and equity have been a priority for the University and remain so. In recent years appointed its first Chief Diversity Officer, reporting directly to the president, established her office, and expanded and provided additional funding for CMEP. These efforts have included focusing on diversity in hiring, which has significantly improved, and in student recruitment (this year\u2019s incoming freshman class is the most diverse in NYU\u2019s history). We take this case, like all cases of sexual misconduct, seriously, and respond accordingly. Thank you for sharing your concerns with us. Sincerely, John Beckman Sr. Vice President for Public Affairs 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 6/9 Register to receive our full menu of newsletters\u2014From the Archive, Must See, Video, In Print, Dispatch, and ArtforumEDU\u2014 as well as special offers from Artforum PROTEST\u2026 By News Desk HEAD\u2026 By News Desk 202\u2026 By News Desk 2025 By News Desk (1944\u2013 2025) By News Desk DEAL\u2026 By News Desk 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 7/9 2024 1. Final Oscar Predictions: Who Will Win and Should Win at the Academy Awards 2. What's Your Favorite New Music Release of the Week? Vote \u2018Pink Floyd at Pompeii\u2019 \u2014 Where to Preorder the Live Album How Topic Studios Shepherded Jesse Eisenberg\u2019s Real Pain\u2019 From Rejection to Critical\u2026 Justin Timberlake Cancels Columbus, Ohio, Show for a Second Time Amid Flu Battle 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 8/9 By providing your information, you agree to our Terms of Use and our Privacy Policy. We use vendors that may also process your information to help provide our services. Artforum is a part of Penske Media Corporation. \u00a9 2025 Artforum Media, LLC. All Rights Reserved. Enter your email address 2/27/25, 7:41 New York University Students Protest Return of Professor Accused of Sexual Harassment 9/9", "7457_105.pdf": "Response to Open Letter Regarding Professor Avital Ronell Sep 5, 2019 Posted in Campus and Community Response to the Graduate Student Organizing Committee (GSOC) from Senior Vice President for Public Affairs John Beckman. Thursday, September 5, 2019 Dear GSOC, New York \ue800 2/27/25, 7:42 Response to Open Letter Regarding Professor Avital Ronell 1/5 Like you, the University believes that the learning environment should be free from harassment, discrimination, and abuse. And we take seriously the issues that you have raised in your letter. That said, your letter overlooks a number of important steps taken by NYU. For reasons of privacy, it is the University\u2019s practice not to discuss the details of personnel matters (this is true in the case of those represented by GSOC, too). Speaking generally, though, the University responded promptly after hearing from the complainant; investigated the matter thoroughly; and the outcome included a substantial sanction and ongoing supervision, all of which has been reported publicly. Following the completion of her year\u2019s suspension, Professor Ronell will be returning to her faculty duties, including teaching, in fall 2019. If we believed that she \u2013 or any other faculty member \u2013 could not conduct her classroom duties professionally, we would not permit him or her to be in a classroom. In this case, Professor Ronell's interactions with students will be monitored to ensure that she has absorbed the lessons of her misconduct and to ensure that she has rectified her behavior and that her interactions with students are in line with NYU's professional expectations. This matter has raised broader questions, as you note, about the appropriate, professional conduct that should exist between faculty and doctoral advisees. The dean of GSAS, Phil Harper, has been reviewing this topic, and this past spring finalized guidelines for faculty on mentoring doctoral students. These will serve as the basis for a handbook on the mentoring of doctoral students across the entire University that will be developed during the coming academic year. We have read your letter carefully, and will take your proposals under advisement. With respect to those proposals, we do want to note the following: 2/27/25, 7:42 Response to Open Letter Regarding Professor Avital Ronell 2/5 All University employees are required by law to complete online sexual harassment training annually, in compliance with law. While we do encourage callers to the Bias Response Line to share their identities, anonymous reports are also followed up. In addition, complaints can be made anonymously though the complaint form and through NYU\u2019s Compliance Hotline (though, again, we encourage people to submit identifying information so that we can follow up has made substantial investments in establishing the resource, and it has proven to be a successful and valuable resource for those in the community who have experienced sexual misconduct. In addition has extensive counseling resources with counselors specially trained to deal with trauma. Diversity, inclusion, and equity have been a priority for the University and remain so. In recent years appointed its first Chief Diversity Officer, reporting directly to the president, established her office, and expanded and provided additional funding for CMEP. These efforts have included focusing on diversity in hiring, which has significantly improved, and in student recruitment (this year\u2019s incoming freshman class is the most diverse in NYU\u2019s history). We take this case, like all cases of sexual misconduct, seriously, and respond accordingly. Thank you for sharing your concerns with us. Sincerely, 2/27/25, 7:42 Response to Open Letter Regarding Professor Avital Ronell 3/5 John Beckman Sr. Vice President for Public Affairs Press Contact John Beckman \ue901John Beckman \ue903(212) 998-6848 Related News Feb 25, 2025 Ethics and Journalism Initiative Announces Finalists for the Inaugural Peter F. Collier Award for Ethics in Journalism Feb 24, 2025 Cool Course: Infrastructure in Action Feb 18, 2025 Five Faculty Win Sloan Foundation Research Fellowships Featured Articles Librarians Recommend Books to Check Out This Summer 9 Undergraduate Research Projects That Wowed Us This Year Georgina Dopico Named as NYU\u2019s Provost 2/27/25, 7:42 Response to Open Letter Regarding Professor Avital Ronell 4/5 Are Newborns Conscious? 2/27/25, 7:42 Response to Open Letter Regarding Professor Avital Ronell 5/5", "7457_106.pdf": "The journalism you need right now Since Donald Trump took office, the news cycle has hit a frenetic new pitch. The daily torrent of push alerts, breaking news, and viral outrages has been relentless \u2014 and exhausting. It\u2019s hard to tell what is real and what\u2019s just bluster. That\u2019s why our attention is focused on helping you make sense of it all. We want to explain what truly matters and how to think about it We rely on readers like you to fund our journalism. Will you support our work and become a Vox Member today? Join today When the accused is a woman: a #MeToo story\u2019s lessons on gender and power professor Avital Ronell has been accused of sexually harassing a male student. She\u2019s one of several women accused since the rise of #MeToo. by Anna North Aug 14, 2018, 3:00 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 1/8 Anna North is a senior correspondent for Vox, where she covers American family life, work, and education. Previously, she was an editor and writer at the New York Times. She is also the author of three novels, including the New York Times bestseller Outlawed. Sexually charged emails. Allegations of unwanted kissing and touching letter in which powerful people leap to the defense of the accused. As Zoe Greenberg points out at the New York Times, the story sounds a lot like those we\u2019ve been hearing since the current #MeToo movement began. But the players are different: In this case, the accused is feminist scholar Avital Ronell, and the person reporting harassment is a male former graduate student, Nimrod Reitman. Reitman, now a visiting fellow at Harvard studying the drawings of Sigmund Freud, says Ronell, a professor of German and comparative literature at New York University, subjected him to sexual harassment, sexual assault, and stalking while she was his academic adviser. In May, a Title investigation found her responsible for harassment, though not the other charges, and she\u2019s been suspended. Now a group of scholars, including renowned gender theorist Judith Butler, have written a letter arguing that she is the victim of a \u201cmalicious campaign\u201d by Reitman. Ronell is not the only woman to be accused of sexual misconduct since the rise of #MeToo last fall. While male perpetrators can enjoy special protection from consequences by virtue of their gender, reports of female sexual harassers are a reminder that people of all genders are capable of abusing their power. Ronell\u2019s case has all the hallmarks of a #MeToo story Though Reitman filed his Title claim before the rise of #MeToo, and says he was not inspired by the movement, his report has much in common with the stories that survivors \u2014 many of them women \u2014 have been telling since last fall. Ronell\u2019s behavior started in 2012, Reitman says, when she invited him to stay with her in Paris. There, he says she asked him to read to her while she took a nap, then pressed Christina Animashaun/Vox via YouTube Become a member to enjoy unlimited access and support our work. Join now 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 2/8 herself against him, put his hands on her breasts, and kissed him. The next day, he says he told her, \u201cwhat happened yesterday was not O.K. You\u2019re my adviser.\u201d But the advances continued, with groping, unwanted kissing, and emails calling him \u201cmy most adored one\u201d and \u201ccock-er spaniel.\u201d Reitman says he put up with this behavior because Ronell had power over him as his adviser, Greenberg reports. He also says that when he did complain to Ronell about her harassment, she retaliated by sabotaging his job prospects. Graduate students can be especially vulnerable to harassment by their advisers, who often wield enormous control over the direction of their careers. Ronell\u2019s response to the allegations also echoes those of other powerful people \u2014 many of them men \u2014 accused as part of #MeToo. She has asked why Reitman didn\u2019t speak up if he was uncomfortable, and argued that he was just upset because of his intellectual inferiority: \u201cHis main dilemma was the incoherency in his writing, and lack of a recognizable argument,\u201d she said in an interview that was part of the Title process. Ronell also says her emails to Reitman were welcome at the time. Noting that Reitman is gay and she is queer, she told the Times the two shared \u201ca penchant for florid and campy communications arising from our common academic backgrounds and sensibilities Become a member to enjoy unlimited access and support our work. 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 3/8 Finally, the letter written in Ronell\u2019s defense is reminiscent of those written on behalf of men accused of sexual misconduct, from Al Franken to Junot D\u00edaz. The signatories \u2014 including Butler, philosopher Slavoj Zizek, and literary theorist Gayatri Chakravorty Spivak \u2014 acknowledge that they have not actually been able to read the confidential documentation of the Title case. Nonetheless, they write: Women can abuse their power too Ronell is one of a few women publicly accused of sexual misconduct since the rise of #MeToo last October. Cristina Garc\u00eda, a California state Assembly member, is the subject of multiple reports of groping or unwanted advances. In May, an investigation found that \u201cthe most egregious allegations could not be substantiated,\u201d according to the Los Angeles Times, but Garcia has been removed from all legislative committees and has issued an apology. Andrea Ramsey, a former congressional candidate from Kentucky, dropped out of her race in December after the Kansas City Star asked her about allegations that she had harassed a male employee (she said the allegations were false). And Timothy Heller, a female singer, said in December that singer-songwriter Melanie Martinez had raped her. Men \u2014 especially wealthy, white men in positions of power \u2014 can enjoy protections that make it easier to get away with sexual misconduct. Harassment can flourish in male-dominated environments; as sociologist Frank Dobbin has noted, the presence of women throughout a workplace hierarchy appears to help protect other women from harassment. And since men are, on average, much richer than women, they\u2019re more likely to be able to buy their way out of harassment allegations using nondisclosure agreements and other legal techniques. But that doesn\u2019t mean men are the only ones who commit harassment. we deplore the damage that this legal proceeding causes her, and seek to register in clear terms our objection to any judgment against her. We hold that the allegations against her do not constitute actual evidence, but rather support the view that malicious intention has animated and sustained this legal nightmare. Become a member to enjoy unlimited access and support our work. 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 4/8 Nor are feminists incapable of committing sexual misconduct \u2014 or of defending those accused. Several of the men accused of abuse or sexual misconduct in the current #MeToo era, like D\u00edaz, Franken, and former New York Attorney General Eric Schneiderman, have been public supporters of women\u2019s rights. And while it may be doubly disturbing for some to see Judith Butler, whose 1990 book Gender Trouble had an enormous influence on feminist thought, defending someone accused of sexual misconduct, recall that several celebrities who have voiced support for #MeToo or Time\u2019s Up also signed a 2009 petition in support of Roman Polanski, who was convicted of unlawful sex with a minor (though at least one, Natalie Portman, has since apologized). Survivors\u2019 testimony as part of #MeToo has exposed the ways that harassers abuse their power, taking advantage of situations in which their victims can\u2019t report for fear of damage to their careers. While it\u2019s still more common for men in American workplaces to have power over women, the reverse, of course, also occurs. And while the #MeToo movement needs to take on gender inequality, it also needs to acknowledge that in America\u2019s precarious and hierarchical work culture, employees often have few options if their superiors mistreat them \u2014 and this can make anyone who needs a paycheck vulnerable to harassment, regardless of gender Here are all 50+ sexual misconduct allegations against Kevin Spacey By R. Kelly has received his second jail sentence for sex crimes. Here are all the sexual misconduct allegations against him. By Trump and Weinstein are both on trial. Only one is still considered too powerful to fail. By and Become a member to enjoy unlimited access and support our work. 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 5/8 More in Education This didn\u2019t start with Elon Musk is using the anti-teacher playbook against the entire civil workforce 14 By The kid-friendly policy that\u2019s quietly sweeping the country The surprising success of universal preschool 13 By The Trump administration is already hurting trans kids What two new executive orders mean for trans youth 6 By Trump\u2019s immigration policy is already terrifying America\u2019s kids What it\u2019s like to go to school in the shadow of 31 By new Supreme Court case would force the government to create religious public schools The Roberts Court\u2019s slash-and-burn approach to the separation of church and state is unlikely to end any time soon 28 By Can Jr. remake school lunch Jr. wants to get ultra-processed foods out of school lunch. It\u2019s harder than it sounds 23 By and Become a member to enjoy unlimited access and support our work. 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 6/8 Recommended For You How Andrew Tate\u2019s release is splintering the American right Andrew Tate, the accused human trafficker with Trump\u2019s support, returns to the 25 The post-rationalist murder spree\u2019s so-called \u201ccult\u201d leader has finally been arrested. What 24 Become a member to enjoy unlimited access and support our work. 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 7/8 About us Our staff Ethics & Guidelines How we make money Contact us How to pitch Vox Newsletters Privacy Notice Terms of Use Cookie Policy Manage Privacy Settings Licensing Accessibility Platform Status Careers \u00a9 2025 Become a member to enjoy unlimited access and support our work. 2/27/25, 7:42 Female professor accused of sexually harassing male student | Vox 8/8"} |
8,954 | Maggie McCloud | Stanislaus State University | [
"8954_101.pdf"
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7,754 | Zamir Bavel | University of Kansas | [
"7754_101.pdf",
"7754_102.pdf",
"7754_103.pdf"
] | {"7754_101.pdf": "decision/article_f4d8a590-7e65-11e4-8783-9fc5e755dfd1.html Professor who violated sexual harassment policy is still working to appeal KU's decision By: Chandler Blanton | @ChandlerBlanton Dec 7, 2014 Chandler Blanton Editor's note previous version of this story had an incorrect headline. It has since been updated to reflect that the University did not find Mr. Bavel guilty; the University cannot assign guilt spokesperson's quote may have left the impression a Douglas County District Court judge ruled on evidence of sexual harassment by the professor. The judge's ruling in favor of the University only addressed the procedures the University followed in handling the matter. Bavel is 2/27/25, 7:42 Professor who violated sexual harassment policy is still working to appeal KU's decision | News | kansan.com 1/4 appealing the judge's decision. After professor Zamir Bavel was accused of sexual harassment by one of his female students in May 2011, the University conducted a six-month investigation and found Bavel had violated the University's policy. He was suspended for two weeks without pay, ordered to take sexual harassment training and denied a salary raise for the next year. Now, three and a half years later, Bavel said the claims are still affecting his life both personally and professionally. Bavel, 85, has decided to go down fighting this decision. After originally being found guilty by KU, Bavel took his case to the Douglas County District Court, where the court sided with the University. In response to that decision, Bavel took his case to the Kansas Court of Appeals and is currently waiting for that court to make a ruling on whether the University handled his case fairly. His hearing is scheduled for Jan. 14. The accuser, whose name was never released, claimed Bavel placed his arm around her shoulder and his hand on her knee as he helped her study material from his symbolic logic course at Perkins \u2014 a place where he has met with students to provide help for years. Bavel, however, said he provided sufficient evidence demonstrating these two charges were impossible. \u201cOne of the original charges was that had my arm around the accuser\u2019s shoulder for half an hour,\u201d Bavel said showed the dean evidence that I\u2019m unable to do that for even five minutes because of arthritis in my shoulder.\u201d Bavel also said he provided evidence that his hand was never on the accuser\u2019s knee. The two were sitting in a booth right next to the kitchen where the serving staff is often going in and out, and Bavel is well known by the staff because of how often he visits the restaurant. Bavel also cited the accuser\u2019s unusual behavior. \u201cThe accuser always sat across from me, but this time she asked to sit next to me,\u201d Bavel said. \u201cThe request seemed odd, but nevertheless moved deeper into the booth to make room for her.\u201d Whether made the right decision on the case, Bavel said there have been consequences in both his personal and professional life. When the Lawrence-Journal World recently published a story on the subject, Bavel\u2019s son, who lives in Lawrence, was asked about the accusations at work. \u201cMy son was shown the article at work, and obviously he was hurt by it,\u201d Bavel said. \u201cThere have been reactions about this.\u201d 2/27/25, 7:42 Professor who violated sexual harassment policy is still working to appeal KU's decision | News | kansan.com 2/4 Aside from the accusations affecting his personal life, Bavel has also become slightly more cautious when it comes to meeting with students to help them outside of class, though he\u2019s tried to continue to provide as much assistance as possible. \u201cNow, anytime a student asks to sit next to me in a booth, I\u2019ll refuse,\u201d Bavel said. \u201cHowever still meet at Perkins with students between six and eight hours a week look at my students as my children or grandchildren, so my main goal is to help them.\u201d While Bavel continues to be passionate about teaching at KU, he said decisions like these were typical of the University. \u201cThey [KU] will not admit wrong,\u201d Bavel said. \u201cThey will change the rules so that the next time things are OK, but they will not admit wrong.\u201d Despite Bavel\u2019s claims, the University is confident in the court system and its case, said Erinn Barcomb-Peterson, KU\u2019s director for news and media relations. \u201cThe University is confident the court of appeals will agree with the district court\u2019s findings and deny professor Bavel\u2019s appeal,\u201d Barcomb-Peterson said in an email. Although Bavel remains unsatisfied with the way has handled his case, he said he continues to teach here because of his initial desire to make the University better came here to invest myself, make a better University and department, and to help the students,\u201d Bavel said chose to come here because of what saw as a suppleness and a dedication to research and teaching is no longer what it used to be, but am too old to move now.\u201d \u2014 Edited by Yu Kyung Lee 2/27/25, 7:42 Professor who violated sexual harassment policy is still working to appeal KU's decision | News | kansan.com 3/4 Kansas Court of Appeals affirms lower court ruling in University professor case 2/27/25, 7:42 Professor who violated sexual harassment policy is still working to appeal KU's decision | News | kansan.com 4/4", "7754_102.pdf": "Longtime professor accused of sexual harassment loses appeal The Kansas Court of Appeals has sided with Kansas University in the case of a longtime professor accused of groping a student during a study session at a restaurant. Zamir Bavel, a tenured professor of Information Processing Studies who has taught at since 1968, was disciplined by after the female student accused him of sexually harassing her in 2011. Bavel sued the university in Douglas County District Court in 2012, claiming that failed to provide him due process to prove his innocence before finding him guilty and docking his pay. After losing in district court, Bavel appealed his case in 2014. 2/27/25, 7:42 Longtime professor accused of sexual harassment loses appeal | News, Sports, Jobs - Lawrence Journal-World: news, informat\u2026 1/3 Zamir Bavel, professor of Information Processing Studies at KU, pictured in 2014. The appeals court ruled on the matter this month, affirming the lower court\u2019s ruling 2-1. \u201cBavel\u2019s chief complaint is that there was no hearing in his case where witnesses were called and examined, cross-examined, and the University would have to prove that his conduct merited sanctions,\u201d according to the court\u2019s memorandum opinion. \u201cThis proceeding in employment discipline is an administrative proceeding, not a formal criminal trial.\u201d The opinion says followed its discrimination complaint process and gave Bavel opportunities to share his side of the story, in writing and verbally with adjudicators. The dissenting judge, Anthony Powell, disagreed that gave Bavel sufficient due process, even though its own rules allow for more. The U.S. Supreme Court case cited by other judges (Cleveland Board of Education v. Loudermill) occurred in Ohio, where law provided for a full post- termination hearing, Powell said in the opinion. \u201cWhile the University perhaps had an interest in promptly resolving the conflict, allowing Bavel one final hearing to cross-examine his accuser would not have represented a heavy burden regardless of Bavel\u2019s chances for success,\u201d Powell said. Bavel, reached via email, declined to comment on the ruling but his attorney, Curtis Barnhill, sent a statement on his behalf. \u201cAmong other things, this case is about fundamental fairness and due process of law,\u201d Barnhill wrote. \u201cWe are of course disappointed that the Court of Appeals three judge panel found against Dr. Bavel on a 2-1 decision. We are heartened by the strong dissenting opinion, however, and are considering our options.\u201d 2/27/25, 7:42 Longtime professor accused of sexual harassment loses appeal | News, Sports, Jobs - Lawrence Journal-World: news, informat\u2026 2/3 2/27/25, 7:42 Longtime professor accused of sexual harassment loses appeal | News, Sports, Jobs - Lawrence Journal-World: news, informat\u2026 3/3", "7754_103.pdf": "From Casetext: Smarter Legal Research Bavel v. Univ. of Kan. Court of Appeals of Kansas. Apr 10, 2015 346 P.3d 1112 (Kan. Ct. App. 2015) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 111,404. 04-10-2015 Zamir BAVEL, Appellant, v KANSAS, Appellee CURIAM. Curtis G. Barnhill, of Curtis G. Barnhill, P.A. of Lawrence, for appellant. Sara L. Trower, associate general counsel and special assistant attorney general, for appellee. Curtis G. Barnhill, of Curtis G. Barnhill, P.A. of Lawrence, for appellant. Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 1/14 Sara L. Trower, associate general counsel and special assistant attorney general, for appellee. Before and CURIAM. Contending he has a right to a hearing where evidence is presented and witnesses can be examined, Zamir Bavel, a tenured professor at the University of Kansas, appeals the district court's ruling affirming the Chancellor's discipline of Bavel for sexual harassment. Because Bavel received written notice of the complaint lodged against him, he had the opportunity to present reasons both in person and in writing why he should not be sanctioned, we hold the district court did not err in affirming the sanctions imposed on Bavel by the Chancellor of the University. Bavel meets a student at a restaurant. Bavel is a tenured professor teaching in the College of Liberal Arts and Sciences. Over the years he encouraged students to ask him for help and provided them with his email address and his cell phone number. At times, Bavel would meet with students outside of his regular office hours, usually in the evenings at a local restaurant. On one occasion, a female student with the initials, B.C. met Bavel at the restaurant. B.C. later alleged that at the meeting Bavel had touched her in a sexual manner, and his behavior was unwelcome and it made her feel uncomfortable. She filed a sexual harassment complaint with the University. Steve Ramirez, the Title Coordinator for the University's Department of Human Resources and Equal Opportunity, investigated B.C.'s complaint and also met with her. Additionally, Ramirez interviewed another student who witnessed the meeting between Bavel and B.C. Ramirez talked with the faculty member to whom B.C. had first reported the incident. Ramirez interviewed Bavel, reviewed the email correspondence between Bavel and B.C., and reviewed the notes taken by the faculty member to whom B.C. had first spoken. He also considered Bavel's written response to the complaint. 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 2/14 In July 2011, Ramirez completed his investigation and submitted his findings in a confidential investigation report. He concluded there was substantial evidence supporting the allegation. Ramirez recommended that Bavel: \u2022 Be suspended for 2 weeks without pay; \u2022 not be eligible for a merit increase in the next fiscal year; and \u2022 be required to participate in a session with staff from Human Resources and Equal Opportunity regarding the University Policy Prohibiting Sexual Harassment, Title IX, and the University's Policy on Consenting Relationships. Ramirez sent his report and recommendations to Danny Anderson, Dean of the College of Liberal Arts and Sciences. For his part, Dean Anderson sent Bavel a letter telling him that he agreed with Ramirez that there was sufficient evidence to substantiate B.C.'s allegations and he, as dean of the college, accepted the recommended sanctions. But he gave Bavel an opportunity to offer any other pertinent information and reminded Bavel that there were limits to what he, as dean, could do: \u201cHowever, before take action with respect to the sanctions recommended by am offering you the opportunity to submit in writing any additional information you want me to consider. Such information will need to be provided to me before September 16, 2011. .... \u201cFor the sanction of suspension without pay, as Dean, it is my role to recommend such a sanction to the Provost and the Chancellor.\u201d Bavel responded to Dean Anderson's letter disputing Ramirez' findings in a 5\u2013page document entitled, \u201cResponse to Charges of Sexual Harassment.\u201d After he received Bavel's response, Dean Anderson forwarded the recommended sanctions, along with the supporting materials, to Provost Jeffrey Vitter. 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 3/14 Provost Vitter then sent Bavel a letter stating that he agreed with the recommended sanctions. Vitter gave Bavel notice: \u201cThis letter constitutes formal notice of my disciplinary recommendation to the Chancellor am informing you of your opportunity to request a hearing before imposition of the recommended sanctions.... \u201cIf you do not submit a request for a hearing before the Faculty Rights Board by 5:00 p.m. on October 11, 2011, then the recommended disciplinary sanctions will be imposed upon the Chancellor's approval.\u201d Bavel requested a hearing before the Faculty Rights Board. This request was entitled, \u201cRequest for Hearing of Appeal of Administrative Action.\u201d His request included nineteen points supporting his position. We pause at this point to clarify some of the acronyms used by the parties and the district court in this case stands for Faculty Rights Board. We will refer to it as the Board means Faculty Senate Rules and Regulations. We will refer to them as the Faculty Rules is the acronym for University Senate Rules and Regulations. We will call these the University Rules. Bavel's appeal of the findings and sanctions began at this point . In response to Bavel's request for a hearing, the Assistant General Counsel for the University stated: \u201c[t]he decision to impose disciplinary action, including suspension, is a discretionary decision. The proposed suspension of Professor Bavel is in accordance with established University procedures and proper cause has been stated to support the suspension. Professor Bavel's request for hearing has failed to identify any violation or prejudice that merits further examination by the FRB. Nowhere in his eleven page, nineteen point request for hearing did Professor Bavel identify any injury or prejudice to him that resulted 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 4/14 from an alleged violation, as required by Procedure and USRR. Accordingly, this request for hearing should be dismissed, or, in the alternative, decided on the written record that has been submitted.\u201d In November 2011, Mike Kautsch, Chair of the Board, provided Bavel an additional opportunity to specify with more particularity the University procedures he believed had been violated. Bavel responded: \u2022 Ramirez failed to inform him of his right to identify witnesses and evidence; \u2022 Ramirez did not act as an impartial investigator; and \u2022 the investigation was not concluded in the 60\u2013day timeframe. After the University responded to Bavel's procedural allegations, the Board requested Bavel to provide some additional information. Finally, the Board issued its findings in February 2012. The Board decided that the facts did not demonstrate any procedural violations, nor was there any information showing any prejudice to Bavel. Therefore, the Board did not grant an evidentiary hearing. Following the Board's decision, Chancellor Bernadette Gray\u2013Little accepted the sanctions recommended by Provost Vitter. In a letter dated March 9, 2012, Provost Vitter informed Bavel of the Chancellor's decision and stated his letter served as the notice of a final agency action. Bavel seeks judicial review by the district court. Bavel filed a timely petition for judicial review. In its resolution of the case, the district court divided Bavel's contentions into two issues: (1) whether the University followed its own procedure; and (2) whether this process violated Bavel's constitutional rights. 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 5/14 First, the district court noted the difference between Bavel's and the University's interpretations of the rules. Bavel contended he had an absolute right to a formal evidentiary hearing. The University argued that granting such a hearing was within the discretion of the Board. The district court agreed with the University and held that under the University's policies, the Board had the discretion to grant a hearing to Bavel. The district court then ruled that the University had thus complied with its own prescribed procedures. Second, the district court addressed Bavel's claim of deprivation of property interest without due process of law. The district court held the essential requirements of due process in Bavel's case were notice and an opportunity to respond. The district court reviewed the various papers and correspondence and held that Bavel had received due process. Therefore, the district court denied Bavel's petition for review. To us, Bavel argues the University's procedures allow for a hearing, and his rights were violated when he was denied a hearing. Bavel also contends that at such a hearing, the burden of proof is on the University to prove he has committed an act of sexual harassment. The University argues it followed its prescribed procedures when it sanctioned Bavel. In the University's view, the term \u201chearing\u201d does not mean a formal, adversarial, evidentiary proceeding; it only means notice and an opportunity to be heard. The University contends that Bavel received such a hearing. Second, the University claims the request for a hearing was part of the appeals process, and the Board is authorized to make a decision on an appeal without an evidentiary hearing. We list the rules we will follow. This action is brought as a judicial review of agency action according to the Kansas Judicial Review Act, K.S.A.2011 Supp. 77\u2013601 et seq. Therefore, the burden is on Bavel to show the University's actions are invalid. K.S.A.2011 Supp. 77\u2013621(a)(1). Bavel can receive relief in this case if he can show that the University has failed to follow its own procedures or has engaged in an unlawful procedure. K.S.A. 77\u2013621(c)(5). We will examine this case as if it 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 6/14 had been directly filed in this court. See Kansas Dept. of Revenue v. Powell, 290 Kan. 564, 567, 232 P.3d 856 (2010). There is a m\u00e9lange of rules and regulations at the University . We look first at the University's Discrimination Complaint Process. Generally, sexual harassment (along with a host of other bad acts) is prohibited conduct for its faculty members. The complaint process indicates that the resolution of student-faculty complaints may include some or all of the following actions: informal inquiry and discussion, mediation (except in cases of sexual harassment), disciplinary action, or other appropriate action. The Process states that upon receiving a complaint, the Office of Institutional Opportunity and Access shall conduct an initial evaluation of the merits of the complaint and determine the appropriate investigatory action required formal investigation will be initiated if a complaint is complete, timely, within the scope of this policy and articulates sufficient facts, which if determined to be accurate, would support a finding that the University's discrimination policies have been violated. According to the Process, the investigation of these complaints will include the following steps: \u2022 Notice to Respondent. The respondent will be provided with a statement of the complaint in writing, and the complainant will be provided a copy of this notification. The respondent will be provided an opportunity to meet with the investigator(s) investigating the complaint and to respond to the allegation. Respondents may respond in person or in writing within a reasonable time to be determined by the investigators. If a respondent chooses not to participate or refuses to answer a complaint, his/her nonparticipation will not prevent the investigation from proceeding and could result in a finding based solely on the information provided by the complainant. \u2022 Notice regarding Retaliation. All parties to a complaint (complainant, respondent, witnesses, and appropriate 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 7/14 administrators or supervisors) will be informed that retaliation by an individual or his/her associates against any person who files a complaint or any person who participates in the investigation of a complaint is prohibited. Individuals who engage in retaliation are subject to disciplinary action. \u2022 Contact with Complainant. If the investigator did not speak with the complainant at the time that the complaint was received by the Office of Institutional Opportunity and Access, then the investigator will meet or speak with the complainant at the start of the investigation and throughout the investigation as appropriate. \u2022 Representation. In any meeting with the investigators, the parties to the complaint (complainant and the respondent) may bring a representative to the meeting. If the representative is an attorney, the party must notify the Office of Institutional Opportunity and Access in writing at least three (3) working days before the meeting date. \u2022 Information relevant to Investigation. The parties to a complaint (complainant and respondent) will be informed that they have the opportunity to identify witnesses, present witness statements, and any other evidence they believe relevant to resolution of the complaint. The investigator(s) will interview other persons whom the investigator(s) in his/her discretion determines to be necessary to gather relevant information. The investigator will review any written materials, e-mails or other media that as determined by the investigator in his/her discretion may provide relevant information regarding the complaint. \u2022 Findings of Investigation. The investigator(s) will provide a written summary of their findings to the respondent and the complainant within a reasonable time following the conclusion of the investigation. In addition, the investigator(s) will provide a written report of the investigation findings and recommendations to the appropriate administrators within the University who will determine the appropriate action to be taken in light of the 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 8/14 investigation findings and recommendations. The administrators will have twenty working days from receipt of the investigation findings and recommendations to determine, in consultation with the Office of Institutional Opportunity and Access, an appropriate resolution(s). Upon making their decision, the administrator(s) will provide written notification of their decision to both the respondent and complainant. If a formal disciplinary action is imposed as a result of a finding of violation of the University's policies prohibiting discrimination and retaliation, then a respondent may request an appeal hearing. In this case, since Bavel is a faculty member, he could request an appeal hearing to the Board. We turn now to the Procedures of the Board for Hearing Appeals From Administrative Actions. The jurisdiction of the Board is to consider appeals by faculty members from administrative actions that involve faculty rights, responsibilities, and conduct. (Procedures of the Faculty Rights Board for Hearing Appeals From Administrative Actions I. A.) According to these procedures, the appellant must state in writing the grounds for the appeal and the basis for the jurisdiction of the Board. The grounds for an appeal are limited to allegations that action by an administrative authority violated established University procedures and adversely affected faculty rights. (III. A. Written Statement. 1.) The burden is on the appellant to demonstrate in the appeal that sufficient grounds exist to invoke the jurisdiction of the Board. (III. C. Burden of Establishing Jurisdiction for Appeal.) These procedures also state that after all of the responses are filed with the Board, it can dispose of the appeal without a hearing (V.C.) Or the Board may initiate a hearing, if one is deemed necessary. (V.D.) If the Board has determined a hearing is warranted, the hearing shall serve as a fair opportunity for the appellant and the opposing parties to present their cases and arguments before the Board. (VI.A.) Witnesses could be called at such a hearing and examined. Again, at such a hearing, the burden is on the appellant to prove the allegations and assertions that he or she has made to 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 9/14 the Board and the appellant's proof is to consist of clear and convincing evidence. (VI.E.) The procedures followed here mirrored the policies set out above . We reiterate the procedures followed in this case in order to show how they complied with the University's policies and procedures. B.C. filed a sexual harassment complaint against Bavel. Ramirez investigated the complaint. He spoke with all of the witnesses and collected written information pertinent to the allegations and Bavel's response. Ramirez concluded the complaint was substantiated and recommended to the Dean certain sanctions against Bavel for his act of sexual harassment. In turn, Dean Anderson, the Dean of Bavel's College, received the report from Ramirez and agreed with it but gave Bavel the opportunity to submit to him any other matter that he should take into consideration about the complaint. But, because of the loss of pay sanction recommended by Ramirez, which the Dean had no authority to impose, the matter passed on up the chain to Provost Vitter. At this point, Provost Vitter took the final agency action of recommending sanctions to the Chancellor. Provost Vitter informed Bavel of his right to appeal the action to the Board. Bavel availed himself of that right and appealed. The Board twice asked Bavel to provide information, which he provided, and it ultimately decided his appeal without an evidentiary hearing. The Board decided that the policies and procedures of the University had not been violated. At this point, after the denial of Bavel's appeal, the Chancellor imposed the sanction by a directive to the Provost. Thus, the University has followed all of the applicable rules and procedures in this case. Bavel's chief complaint is that there was no hearing in his case where witnesses were called and examined, cross-examined, and the University would have to prove that his conduct merited sanctions. This proceeding in 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 10/14 employment discipline is an administrative proceeding, not a formal criminal trial. Bavel cherry-picks portions of various sections of the University's rules that seemingly imply that everyone is entitled to a hearing, but ignores the sentence that states: \u201cSpecific procedures for each type of grievance or complaint that is within the jurisdiction of an established University body are set forth in the University Senate Rules and Regulations.\u201d The established rules for the disposition of sexual harassment complaints are specifically set out in the Discrimination Complaint Process \u2014a process that was followed in this case. The United States Supreme Court has defined due process in cases where an employee seeks to stop a proposed disciplinary action of the employer. \u201cThe tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\u201d Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 546, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). The University has not failed to follow its own procedures; therefore, under the Kansas Judicial Relief Act, K.S.A. 77\u2013621(c)(5), Bavel is not entitled to relief. Affirmed. * * * POWELL, J., dissenting dissent from part of the majority's determination that the University provided Bavel with sufficient due process with respect to the deprivation of his property through the University's internal rules and procedures. While the University correctly followed its own procedures, such procedures did not constitute sufficient due process under the United States Constitution because the University did not provide Bavel with a post-deprivation hearing. It is uncontested that Bavel's loss of pay due to his 2\u2013week unpaid suspension and his ineligibility for a merit increase in the next fiscal year represent property interests requiring adequate due process prior to a permanent deprivation. While primarily concerned with whether the 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 11/14 University correctly adhered to its own internal procedures, the majority also determined Bavel received sufficient constitutional due process through its reliance on Loudermill. Loudermill provides that \u201c[t]he tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\u201d 470 U.S. at 546. On its face it appears the University provided Bavel with the process stipulated in Loudermill. However, the holding in Loudermill took into account that Ohio law provided for a full post-termination hearing, thus supplementing the explicitly required process. See 470 U.S. at 546 (\u201cOur holding rests in part on the provisions in Ohio law for a full post- termination hearing.\u201d); see also Tonkovich v. Kansas Bd. of Regents, 159 F.3d 504, 517 (10th Cir.1998) (\u201cholding in Loudermill rested partially on the availability of a full post-termination hearing\u201d); Langley v. Adams County, Colo., 987 F.2d 1473, 1480 (10th Cir.1993) (\u201cUnder Loudermill, the adequacy of pre-termination procedures must be examined in light of available post- termination procedures.\u201d); Calhoun v. Gaines, 982 F.2d 1470, 1476 (10th Cir.1992) ( \u201cLoudermill established that some form of pretermination hearing, plus a full-blown adversarial post-termination hearing [unless such was included as part of the pretermination proceedings] are required \u201cfull post-termination hearing\u201d is understood to include the right to representation by an attorney and the right to cross-examine adverse witnesses.\u2019 \u201c Tonkovich, 159 F.3d at 517\u201318 (quoting Workman v. Jordan, 32 F.3d 475, 480 [10th Cir.1994] ). In McMillen v. U.S.D. No. 380, 253 Kan. 259, 266, 855 P.2d 896 (1993), our Supreme Court recognized the holding in Loudermill was to be understood within the context of an accompanying statute independently providing for a post-deprivation hearing. The tenured teacher appealing in McMillen was entitled to a post-deprivation hearing pursuant to K.S.A.1991 Supp. 72\u20135439, thus allowing our Supreme Court to focus only on whether the explicit requirements in Loudermill were satisfied. Here, however, Bavel has no statutory right to a post-deprivation hearing and was denied a hearing by the University even through the University's own rules gave it the discretion to grant him one. In my view, under Loudermill, the United States Constitution requires more. 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 12/14 Finally, while the University perhaps had an interest in promptly resolving the conflict, allowing Bavel one final hearing to cross-examine his accuser would not have represented a heavy burden regardless of Bavel's chances for success. Moreover, a postdeprivation hearing also would have minimized the chance that Bavel's interests were erroneously deprived, especially given the probative value of an initial investigation performed entirely by a single investigator for the University's Department of Human Resources and Equal Opportunity. As the University opted not to provide Bavel with process of any kind following its pre-deprivation determination to discipline Bavel would hold the University did not provide Bavel with sufficient due process before depriving him of his property rights would reverse the district court and remand the matter with the requirement that Bavel be granted a due process hearing. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 13/14 Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:42 Bavel v. Univ. of Kan., 346 P.3d 1112 | Casetext Search + Citator 14/14"} |
8,631 | Dana Biggs | University of Kentucky | [
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] | {"8631_101.pdf": "Two Key Examples of Sexual Harassment in Kentucky The University of Kentucky [ lawyers.usattorneys.com/kentucky] \u2019s marching band\u2019s former director, Dana Biggs, has resigned [ as a result of a sexual harassment [ harassment-lawyers.usattorneys.com/] investigation, according to university documents. Biggs was involved in a personal relationship \u2013 he sent unsolicited messages with sexual undertones to an individual who was most likely a student. The university documents state that Biggs was not actually accused of having a sexual relationship with the person in question, but Biggs was reported to have sent that person messages that were asking for personal information, including information about their sexual history. Biggs was told that the behavior would be considered sexual harassment under the policies of the university, and that December 23, 2020 / 0 Comments / in Legal News / by efigueira Search \ue803 Contact a Personal Injury in Traverse City, Michigan for Help with a Drunk Driving Case July 8, 2021 - 2:43 pm 2/27/25, 7:43 Two Key Examples of Sexual Harassment in Kentucky | Online Lawyer Network 1/4 his behavior would lead to his suspension separation agreement notes that Biggs would be put on administrative leave after Aug. 17. Biggs resigned on Sept. 28, before there was even a hearing, so the investigation was dismissed. If he were to apply to the university again, the investigation would continue. As of October 1st, however, he was officially not an employee of the university, and will not be allowed to be hired. Sexual Assault in Louisville Margo Borders accused [ officer-brett-hankison-sued-over-sexual-assault-allegation- n1247348] a former police officer, Brett Hankison of Louisville [ lawyers.usattorneys.com/kentucky/louisville] , Kentucky, of sexually assaulting her. Borders was meeting with friends at a bar called Tin Roof, where Hankinson was working. Hankinson was alleged to have offered Borders a ride, which Borders accepted as there seemed to not be any potential danger \u2013 after all, it was a police officer\u2019s ride. According to the lawsuit, after Hankinson gave Borders a ride, Hankinson invited himself into her apartment. Borders fell asleep in the bedroom, as she was intoxicated, and did not return to the living room, where Hankinson was asked to sleep. While Margo was unconscious, the lawsuit alleges that \u201cHankison went into her room, stripped off his clothes and willfully, intentionally, painfully and violently sexually assaulted Margo\u201d. Previously, Borders has said that because she feared retaliation, she did not immediately go to the police with 2/27/25, 7:43 Two Key Examples of Sexual Harassment in Kentucky | Online Lawyer Network 2/4 Share this entry \ue8f3 \ue8f1 \uf232 \ue8f8 \ue8fc \ue8fa \ue926 \ue927 \ue805 the allegations. Hankinson was cleared by the Louisville Metro Police Department of two other unrelated accusations involving sexual misconduct as well. Borders\u2019 lawsuit named six other officers, who were alleged to have failed in intervening in Hankinson\u2019s behavior. An attorney [ representing Borders, Sam Aguiar, called Hankinson a \u201cpredator of the worst kind\u201d. The lawsuit notes that \u201cMargo was physically injured, mentally horrified and remained in extreme emotional duress over both the assault and the feeling that any efforts made to hold Officer Hankison accountable for his actions would backfire.\u201d Aguiar further noted in a statement that \u201cthis police department\u2019s long-standing tolerance for sexual assault by their officers is disgusting.\u201d They intend to hold responsible all the individuals who failed to report or investigate Brett Hankinson, to find some form of justice for the suffering of the women in the community 0 Contact a Personal Injury in Traverse City, Michigan for Help with a Drunk 2/27/25, 7:43 Two Key Examples of Sexual Harassment in Kentucky | Online Lawyer Network 3/4 Automated page speed optimizations for fast site performance Driving Case July 8, 2021 - 2:43 pm \u00a9 Copyright - Online Lawyer Network 2/27/25, 7:43 Two Key Examples of Sexual Harassment in Kentucky | Online Lawyer Network 4/4", "8631_102.pdf": "university of kentucky marching band director university of kentucky marching band director After officially becoming the Marching Band director in 1953, . Everybody is all about the game, tailgating and other events. The University of Iowa School of Music seeks a creative and dynamic individual to serve as Visiting Assistant Director of Bands, Associate Director of the Hawkeye Marching Band & Athletic Bands, and Director of Marching Percussion. Estimated $44.9K - $56.9K a year. Dana Biggs, who had been the director since 2017, sent unwanted sexual text messages to someone who was dependent on Biggs for a grade and scholarship, according to the Herald-Leader. Wright State/Sinclair students, please contact Kenneth Will for information on how you can participate in marching band at the University of . Though not all are music majors, theyve played instruments and played in high school bands before coming to UK, and they want to keep that going because it is TER\u00c7A-FEIRA, 14 MAR\u00c7O 2023 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 1/10 such an important part of their lives.. As the states flagship, land-grant institution, the University of Kentucky exists to advance the Commonwealth. Band leadership, band classroom instruction, marching band . Sara Mays, a fourth-year drum major and arts administration student from Cecilia, Kentucky, is one of the 230 giving her all. In addition, the Wildcat Marching Band has participated in numerous post-season bowl games Regional Championships, a Presidential Inauguration, a World Series, and the 2008 Ryder Cup. Winds and Brass you will receive music during the summer. The performs at all home football games and selected away games. As the first female members to join the University of Kentucky Wildcat Marching Band in 1960, the Feature Twirlers and Sweetheart Majorette Twirling line is rich in tradition, excellence, and is comprised of national champion twirlers from all over the United States. Performance-based scholarships are competitive and are determined through auditions with the members of the Woodwind, Brass and Percussion Faculty. Wildcat Marching Band | American Football Database | Fandom The Lexington native and University of Kentucky graduate first joined the paper in 2016 as an agate desk clerk in the sports section and in 2020 covered higher education during the height of the COVID-19 pandemic. The drumline and majorettes even perform a postgame performance outside the stadium! Contact the Webmaster | Login. He comes to from the University of North Texas faculty, where he conducts the Wind Ensemble, teaches courses in wind band literature, graduate and undergraduate conducting, and serves as Director of Athletic Bands. Stahl will become the first woman to serve as the director of the Wildcat Marching Band. While at BalletMet, Sciantarelli graduated in the inaugural class of the Fellowship for Emerging Women Leaders in Nonprofits through the Jefferson Center for Learning and the Arts. The WMB's repertoire ranges from contemporary jazz to classical favorites. Stahl will also serve as director of the Pep Bands and as the conductor of the Concert Band. $500 Fall scholarship award for participation. Directors | Cavalier Marching Band Directors and Staff - Auburn University Bands officials told Biggs that the behavior could be considered sexual harassment under university policy and recommended his suspension until the conclusion of the investigation. It's raised $178K, Florida Art Exhibit Canceled Over Concerns | Inside Higher Ed professor's job is endangered for teaching about race president under fire for mistreating employees, Newly named president of College of Saint Mary backs out, Mental health certification program creates culture shift, Students share mental health strategies and reduce stigma bots can seem sentient. 513.529.7317. [email protected]. Finally, each year the Alumni Band plays at all 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 2/10 Men's and Women's basketball games over the Holiday Break. In this 1861 tintype portrait, Charles C. Stone of Brodhead, Wisconsin, holds a tuba. Sciantarelli earned an M.A. The Wildcat Marching Band ( WMB) is the marching band of the University of Kentucky, located in Lexington, Kentucky. Art! Since then, he has been involved in all aspects of the band program. While at the University of Washington, Stahl was awarded first prize in the American Prize in Conducting Band/Wind Ensemble (Community Division) in 2017 and 2018. Dana Biggs, the former director of the University of Kentuckys marching band, resigned amid a sexual harassment investigation earlier this fall, documents obtained from the university show. Ready to COMMIT? Snow served as Director of Bands at the University of Missouri where he directed the 350-member Marching Mizzou, conducted the University Wind Ensemble and taught basic conducting, band repertoire, advanced band methods, and graduate conducting. Ensembles | University of the Cumberlands Associate Director of Bands/Director of Athletic Bands. We pride ourselves on being a catalyst for breakthroughs and a force for healing, a place where ingenuity unfolds. To schedule an audition, or for more information about Band scholarships, please call the Band Office, (859) 257-2263. The Wildcat Marching Band enjoys a reputation as one of the finest collegiate marching bands in the country. Marching Band Director Jobs, Employment | Indeed.com and Warren Cobb, B.A. Faculty and Staff | Western Kentucky University in Cultural Policy and Arts Administration from The Ohio State University and a B.A. It's all made possible by our people visionaries, disruptors and pioneers who make up 200 academic programs,a$501 million research and development enterpriseand a world-class medical center, all on one campus. The following is a roster of the 2022-2023 Wildcat Marching Band. Each ensemble is under the direction of Mr. Alvin Level, Director of University Bands. University of California system bans fully online degrees, New gallon drinking trend takes off at college campuses, How to write an effective diversity statement (essay), Minority males benefit from consistent academic coaching, Six ingredients for successful digital transformation, The House Cup: promoting qualitative grading in mathematics, The library and the metaverse: a match made in heaven, Design a student-centred curriculum for dynamic learning, Creating an impactful visual abstract with no design experience small college needs $2.6M to survive. These rehearsals provide an enjoyable change of pace from rigorous academic classes. The Wildcat Marching Band ( WMB) is the marching band of the University of Kentucky, located in Lexington, Kentucky. Percussionist may audition for a drumset or bass drum position. LEXINGTON, Ky. (Sept. 26, 2022) Nothing beats a cool fall Saturday in the 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 3/10 Bluegrass when University of Kentucky football fans gather at Kroger Field to cheer on their beloved Wildcats. Other districts opt for day. Directors of the University Band were all graduate assistants Announces 1st Woman Director of Wildcat Marching Band The Kentucky Band Website . Stahl will also serve as director of the Pep Bands and as the conductor of the . Birdwell says that the changes in the over the years that people might notice most are for one, changes in uniforms that sometimes occur with each new director, and secondly, a change in music to reflect current trends marching band uses special masks to practice during pandemic At present, she is a board member of the Kentucky Heritage Council, March Madness Marching Band, and the Fayette County . Stahl will become the first woman to serve as the director of the Wildcat Marching Band. 208 Band Director jobs available on Indeed.com. In 2008, the participated in the opening ceremony of the Ryder Cup in Louisville. All Lodging, transportation and meals are provided by the University of Kentucky. Information will be posted soon! Tell your Advisor that you want to register for Marching Band 390 03) when you schedule your classes. An attempt to reach Biggs for comment through his personal Facebook page and old email was unsuccessful. Members. The principal said nearly every corner of the building was impacted by fire, smoke, or water damage.. We do that by preparing the next generation of leaders placing students at the heart of everything we do and transforming the lives of Kentuckians through education, research andcreative work, service and health care. Clarke found another song called Kentucky Fight, (composer unknown) that he had arranged for the band. Documents from the universitys Office of Institutional Equity and Equal Opportunity and obtained by the newspaper showed that Biggs was not having a sexual relationship with the person, but he described his own sexual history to them and asked to know theirs. In preparation for the audition, please work on all basic concepts including timing, technique, sound quality, relaxation, marking time, reading skills, etc. Stahl will also serve as director of the Pep Bands and as the conductor of the Concert Band. Scott-Lee Atchison. The Simmons College of Kentucky Marching Band Started Fall Semester 2015 with 9 Members. 105 Fine Arts Building Simmons Marching Band - The Revolutionary Sound of the South Charles M. Smith, Director of Bands Charles M. \"Chuck\" Smith is in his twenty-fifth year as Director of Bands at Lafayette High School, Lexington, Kentucky, one of the largest high schools in the Commonwealth, with the largest band program in the state. Band Director Betsy McMann; Drum Major Jon Ingram-Block Captain Kindra Peterson Staff and Sections: Band staff and members; History & Traditions of the of Marching Band of Colors 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 4/10 & GOLD; Uniforms for the Band The musical staff has reached out to over 150 graduating seniors to join the Band. Stahlwill become the first woman to serveas the director of theWildcat Marching Band. Upon returning home, Jennifer jumped into local political and arts arenas. Sciantarelli previously taught marketing and communications for the University of Kentucky Department of Arts Administration. She will be ready from her first day on campus to guide the Wildcat Marching Band toward a successful fall season. All members of the who are currently enrolled are eligible to participate in the Pep Band in the Fall and the Spring semesters. The investigation was dismissed because of Biggs resignation, but should he seek employment at again, the matter will be taken back up, the letter stated. In this capacity, he is proud to lead the 435-member Green Brigade Marching Band. LEXINGTON, Ky. (May 7, 2021) The University of Kentucky welcomes Shayna Stahl as director of Athletic Bands and assistant director of Bands in the School of Music. 612-624-4000 or 1-800-234-6564. Ensembles. If you do plan to major in music you must be accepted into the School of Music. College Statement of Diversity, Equity, and Inclusion (excerpt), To meet the Colleges mission of providing artistic and cultural experiences for the education and benefit of students, the University, and the Commonwealth, we are committed to granting access equally to the arts, creative culture and artistic expression. \"The Trojan Marching Band is essential to the culture of the university,\" Vogel said. Ensembles are open to all students. Stahl is an experienced director of athletic bands who has worked with Division athletic bands for the past 15 years. His current duties include conducting the Auburn University Symphonic Band and Symphonic Winds, the university's top, premiere wind and percussion ensemble . The performs at all home football games and selected away games. If you are interested in twirling at the University of Kentucky but not ready to commit, please contact the Director of Athletic Bands for more information. For more information, see the Aumni Band page. tor of Musical Arts from the University of Kentucky in 2012, studying with Mark Clod-felter Bands Athletic Bands. University of Kentucky Wildcat Marching Band 2020 Pregame Show Kentucky State University | Marching Band Please keep practicing on your own equipment this summer! Music in the air: students dazzle public with multiple concerts As the states flagship, land-grant institution, the University of Kentucky exists to advance the Commonwealth. LEXINGTON, Ky. (May 7, 2021)The University of Kentucky welcomesShayna Stahlasdirector ofAthletic Bandsandassistant director ofBandsin theSchool of Music. Because of that anticipate that she will also make significant contributions to our instrumental music education program. . The 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 5/10 University of Louisville Cardinal Marching Band is the official marching band of the University of Louisville (UofL) in Louisville, Kentucky.It is considered a Music Ambassador for UofL. If you take the marching band out of that equation, it will leave a huge hole and a loss of energy and excitement in the stadium, said John Cody Birdwell, D.M.A., director of Bands at UK. The Pride of Kentucky has a long and distinguished tradition as one of the finest marching bands in the Commonwealth. While any individual is allowed to participate in the drumline, there are auditions for placement on each instrument also love all of the unwritten traditions that only the band knows and that continue to get passed down even though we have no idea where they originally came from, but we still scream them to the top of our lungs.. He earned his undergraduate degree while instructing the University of Kentucky Marching Band, University of Kentucky Indoor Percussion Ensemble, and the Eastern . It also plays at the annual Spring Scrimmage Game which pits the Cardinal Offense . Band members do not need to fundraise! Drum Corp is a more complex drill and there is more freedom in how formations come together and theres more crowd engagement.. Students need guardrails, Microcredentials Confuse Employers, Colleges and Learners, Columbia Goes Test Optional Permanently, Onondaga Community College Offers $75,000 Retirement Incentive Dean Resigns Over Alleged Failures on Sexual Misconduct Reacts to Students Viral TikTok Promoting Essay Tool, Stanford Sues County for Tax Exemptions on Faculty Homes, Asbury Revival Spurs Prayer Services at Secular Universities. Taking pride in being one of the best twirling schools in the SEC, the Twirling program is a part of the Wildcat Marching Band and representing twirling in front of 70,000 fans at Kroger Field. Tom Brawner was director beginning in 1991. Band Directors Bands | West Virginia University Clarke also added an Associate Director of Bands in the late 1970s. ~230. Today, the Wildcat Marching Band is made up of over 230 members which come from all over campus representing many different majors including sciences, education, agriculture, engineering, as well as music. These scholarships are awarded to music majors and minors. Below is a brief overview of move in dates. No extra rehearsals are scheduled. \"Lon\" and Doris Henry. Typically, we will travel with a pep band sized travel band to all away games and one or two full band travel events United States Naval Academy Band - usna.edu The Marching Band, Symphonic Band and Pep Band are the major ensembles offered by the University band program in the Division of Fine Arts. Its a great mix of people from all walks of life and backgrounds, and they become a family that represent what this university is about, Birdwell said for auto-complete 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 6/10 am very pleased that Dr. Stahl will be joining us at the School of Music this summer, saidStan Pelkey, director of theUK School of Music. University of Kentucky Wildcat Marching Band | Lexington - Facebook The provides instruments, equipment, and uniforms to all members of the program, at no cost! It reminds me of the hundreds of memories have from that time in my life, all the lessons learned, and the friends made . LEXINGTON, Ky 18) Every member of the University of Kentucky Wildcat Marching Band is now required to wear a mask during practice, even while playing an instrument am very pleased that Dr. Stahl will be joining us at the School of Music this summer, said Stan Pelkey, director of the School of Music. We are looking forward to a great freshman class in the fall. Dana Biggs, the former director of the University of Kentucky's marching band, resigned amid a sexual harassment investigation earlier this fall, documents obtained from the university show. Prior to moving to Northwestern, Mr. Farris served as . John J. Kennedy was hired as band director, and under his direction the band became known as \"The Best Band in Dixie\". Phone: 859-257-4900 Contact the Webmaster | Login, University of Kentucky | College of Fine Arts, Welcome to the School of Music Athletic and Concert Bands. Mon-Fri. 8am-4:30pm, University of Kentucky, Lexington During that time, Clarke grew the Wildcat Marching Band from 30 members to 300, expand the band to include women and established the band's reputation as one of the best in the country. Athletic Bands. The Wildcat Marching Band enjoys a reputation as one of the finest collegiate marching bands in the country. black pants with blue stripe, royal blue jacket with athletic logo on front in block letters on back, black shoes, white gloves,black shako, and white plume. Fill out our interest formto receive moreinformation about our programs! Within a few years, the \"Marching Hundred\" turned into a 200-plus member Marching Band. This credit may be used as an elective in any degree program. The band was all male which was very traditional in the Big 10 Conference at that time. Under Clarke's mentorship, three inexperienced young trainees went on to become band directors for University of California, Los Angeles, Florida State University and University of Arkansas. Prior to Charlotte, Stahl served for three years as thedirector of Athletic Bands at Stony Brook University and seven years as thecoordinator of Athletic Bands. The marching band also travels as a full ensemble to all post season events. The Thorobred Marching Band performs at all home football games, selected away games during the fall semester, and selected . Led by Director of Bands Dr. Steven Sudduth, the Concert Band is the primary large instrumental ensemble on campus during . Most recently, Dr. There are scholarship opportunities to all those who join pep 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 7/10 band. The University of the Cumberlands music department offers many exciting performing ensembles for students. Dr. Rick Good. In addition to his performance . At home in the eRUPPtion Zone, the Basketball Pep Band performs regularly for over 24,000 Wildcat Fans as part of the most intimidating home court in college basketball. Leadership : University of Dayton, Ohio Anticipation and excitement build as fans blend into the colorful landscape of Kentucky blue and vibrant turf green. Chandler Wilson is the Assistant Director of Athletic Bands and Assistant Professor of Music Education at Florida State University. Photos: Iowa takes on Kentucky in battle of the bands Entertaining thousands of fans with our spirited, high-energy performances, the Wildcat Marching Band enjoys a national reputation as one of the finest collegiate marching bands in the country. Kent Covert has been involved with the Miami University Marching Band since 1986. The University of Kentucky Bands offers generous support to outstanding students who demonstrate the potential for superior musical performance as well as outstanding academic achievement. If you are a drumline member, please see the information below. \"Although we do have a lot of fun, we also care about each other deeply and want to keep each other accountable to ensure that we all succeed.\". Daniel J. Farris is the Director of Athletic Bands at Northwestern University, where he is responsible for conducting the \"Wildcat\" Marching Band, Jazz Band, Concert Band and Basketball Band. He made the announcement to the band following rehearsal. Dr. Andrew Koch is the University of Virginia Associate Director of Bands. Only about 15% of the band members are music majors. Amy Acklin serves as the Associate Director of Bands and Professor of Music at the University of Louisville where she directs the UofL Cardinal Marching Band, Pep Band, and Symphonic Band and teaches courses in undergraduate conducting and music education. Camp is held a week before classes begin. The director and assistant director will be responsible for designing, teaching and executing the show for. His parents were J.L. Big Red Marching Band (BRMB) Wind Ensemble Symphonic Band Jazz Band Campus Community Band The \"Spirit\" Pep Band. There is cost for members to travel Band Director Leckrone announces 50th season will be his - News Brief History of The Ohio State University Concert Bands Membership is open to all university students by audition. At least 4 deaths; power outages climb. It is a tremendous honor to be invited to join the faculty as the assistant director of Bands/director of Athletic Bands, Stahl said. What comes next? But in anticipation of discharge Biggs gave his resignation notice on Sept. 28 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 8/10 before the matter ever reached a hearing. We do that by preparing the next generation of leaders placing students at the heart of everything we do and transforming the lives of Kentuckians through education, research andcreative work, service and health care. Waspi Latest News 2021, Which States Do Not Tax Teacher Pensions, Disney Worldwide Services Payroll Phone Number, Bichon Frise Puppies For Sale In Orange County, Ca, Articles university of kentucky marching band director LTDA, empresa fundada 1960 realiza servi\u00e7os de constru\u00e7\u00e3o de moldes termopl\u00e1sticos para inje\u00e7\u00e3o de pl\u00e1stico. Sendo especialista em desenvolvimento de bot\u00f5es de press\u00e3o e produtos, contamos com uma equipe focada na cria\u00e7\u00e3o de pe\u00e7as pl\u00e1sticas com alto n\u00edvel de qualidade e acabamento. university of kentucky marching band director university of kentucky marching band director N\u00d3S 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 9/10 university of kentucky marching band director \ue90a university of kentucky marching band director \ue908 university of kentucky marching band director \ue909 university of kentucky marching band director university of kentucky marching band director \ue83f \ue82f \ue808 \ue828 2/27/25, 7:43 university of kentucky marching band director reister.com.br/1do95/university-of-kentucky-marching-band-director 10/10", "8631_103.pdf": "Quotable ..... \u201cThere is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow.\u201d -- Orison Swett Marden Subscribe to Case In Point! Case In Point: Lessons for the proactive manager Volume 12 Number 12 | December 2020 This edition of Case in Point marks the completion of twelve years of publication have often made the comment in the December issue about how fast the year has gone. The end of the year seemed to creep up quickly, but it also feels as though this year has gone on forever. We have all dealt with risks we didn't envision a year ago, but 2021 holds promise that perhaps normalcy will come. We can hope, and we can continue to do our best to achieve our mission at our respective institutions under these unusual circumstances. We have had continued growth this year (7.5% in fact) with new readers across the United States and from international institutions as well. We hope that we are helping improve higher education in some small way with our efforts. In the December issue, it has become my tradition to remind our readers of why we do this each month. It is always a good way to conclude the year. CIP's Primary Goal Our goal has always been very simple: we believe it's cheaper to proactively manage risk than to react and remediate crises from risk management failures. We provide an overview that allows you to scan the news events occurring throughout our industry each month and ask yourself, ''How can prevent this from happening here?'' If you realize you have a similar high risk exposure at your institution from this review, you can do something to proactively reduce the risk. What that ''something'' is will depend on the risk, your role, and many other factors; however, doing nothing is a dangerous thing in the world in which we now operate. Our larger goal is to help develop risk-intelligent institutions. We should note that we are not anti-risk. Risk is always going to be with us in life, but we can consider risk and be wise in the actions we take. This is important because any money we spend on remediation, settlements, and investigations is money we aren't spending on education, research, and outreach. 2/27/25, 7:43 Case In Point: Lessons for the proactive manager 1/6 As a reminder, you can also see select articles throughout the month if you follow us on twitter: @AUOACP. We now invite you to review the events of the past month with a view toward proactively managing risk at your institution. We hope you all have a Happy New Year and we will see you in 2021. M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Follow us on Twitter Information Security & Technology Events Dec 10: Data Breach: Texas Tech University Health Sciences Center on Thursday announced that it has sent letters to patients who have have been impacted by a third-party vendor's data breach the university learned about this fall was notified Oct. 15 of a ransomware attack on Blackbaud Inc's system that occurred some time in May 2020, according to a news release from TTUHSC. Blackbaud reported that it investigated the matter and determined there had been unauthorized access to its systems, which contained patient information. (link) Dec 09: Data Breach security breach at the University of Memphis has caused private information of certain faculty and staff members to be compromised. In an email obtained by -- dated Dec. 4 and sent to faculty and staff members of Robert Jackson said an individual had hacked into a university email account. While the institution doesn't believe any information was stolen or misused, personal details were accessible in an unencrypted format. (link) Fraud & Ethics Related Events Dec 18: Academic Cheating: Universities have recently been rocked by cheating scandals as remote learning during the coronavirus pandemic allows students more tools and access to circumvent the rules, according to reports. In Texas A\u2213M, students were found to answer questions faster than they could even read them on a finance exam. Faculty reported concerns of a \"very large scale\" to the Aggie Honor System Office. The problem of cheating has grown more severe in the year of remote learning and online assignments: the University of North Texas saw a 20% increase in cheating, and Texas State University saw an increase of one-third. (link) Dec 14: Espionage Chinese Communist Party data leak of information about almost 2 million members exposed nearly 80,000 who have infiltrated some of the world's largest Western companies and universities. Data also showed that members used a recruitment agency to infiltrate the British, Australian, and U.S. consulates in Shanghai. Some operatives were 2/27/25, 7:43 Case In Point: Lessons for the proactive manager 2/6 also employed at U.S. universities, which comes after the U.S. government uncovered a Chinese intelligence operation to steal U.S. scientific research over the summer (link) Dec 10: Occupational Fraud former Penn State employee has been accused of stealing more than $265,000 from the university over a 12-year period while a networks and systems manager. Daniel P. Sickels' responsibilities included purchasing equipment necessary for the upkeep of computer servers. To do so he used eBay to acquire equipment and supplies from vendors, the indictment states. Sickels is accused of representing falsely the merchandise he bought was needed to upgrade, replace or maintain the officer servers. Instead of utilizing it, he sold it for his personal benefit to people outside the commonwealth using emails, the charges state. (link) Dec 08: Plagiarism: Dec. 7 email sent out by William Gaudelli, dean of the College of Education, made the college's students and faculty aware that Lehigh's College of Education plagiarized sections of a course description at another university in recent attempts to assert the college's commitment to anti-racism. The plagarized communication, which did not attribute to the course or university of which the language was taken, was sent out to the college's students and faculty on Nov. 23 and was entitled, \"Lehigh University College of Education Renews Commitment to Anti-racist Education.\" (link) Dec 04: Falsifying Reports: U.S. Secretary of Education Betsy DeVos announced today a settlement agreement with Temple University for what the Department alleges are false representations to U.S. News & World Report to bolster the school's ranking in the annual U.S. News college rankings. The Department's investigation probed the alleged submission of false information by Temple's Fox School of Business and Management (\"Fox School\") to U.S. News & World Report between 2014 and 2018. Under the terms of the settlement agreement, Temple will pay a $700,000 fine but does not admit any liability or wrongdoing. (link) Compliance/Regulatory & Legal Events Dec 18 Athlete Pay: The Supreme Court will hear a landmark antitrust case against the that could upend the business model for college sports by allowing colleges to compensate student athletes. The high court said Wednesday that it will hear appeals filed by the and one of its member conferences over a May decision that found the group's limits on player compensation violate antitrust law. In its petition to the justices, the accused the lower courts of \"judicial micromangement\" and said their rulings would fundamentally transform college sports by blurring \"the traditional line between college and professional athletes.\" (link) Dec 14: Kidnapping Charges former Huntington University cross country coach has been arrested on four felony charges including child seduction and kidnapping. Nicholas Johnson, 33, is charged with two counts of child seduction, as well as charges of kidnapping and identity deception. It's not clear what the charges against Johnson stem from. Since the announcement of the charges, Johnson has been fired from Huntington University. (link) Dec 10: Sexual Harassment: Dana Biggs, the former director of the University of Kentucky's marching band, resigned amid a sexual harassment investigation earlier this fall, documents obtained from the university show. Biggs engaged in a \"personal relationship with\" and sent 2/27/25, 7:43 Case In Point: Lessons for the proactive manager 3/6 unwanted text messages of a sexual nature to someone who was dependent on Biggs for a grade and a scholarship, a letter sent to Biggs in early October by UK's Office of Institutional Equity and Equal Opportunity -- the office responsible for investigating Title complaints. (link) Dec 10: DUI: Becker College Police Chief David Bousquet has been arrested for accusations that he crashed into another vehicle while drunk and attempted to flee the scene. Bousquet was arrested Tuesday after police say he hit a car in an intersection and drove away before being found walking away from his damaged vehicle, the Telegram & Gazette reported. Becker College officials declined to comment Wednesday afternoon and said that the college does not comment on personnel matters. (link) Dec 09 Compliance announced Wednesday that it is self-imposing a bowl ban this season in conjunction with an investigation into alleged rules violations at the school. The move comes as a violations case involving LSU's football and basketball programs matriculates through the NCAA's new Independent Accountability Resolution Process had already voluntarily reduced its scholarship count by eight over the next two years and docked itself some recruiting time, according to Sports Illustrated. Among the alleged violations pertaining to football is that a booster funneled money he embezzled from a Louisiana hospital foundation to the family of a player. (link) Dec 08: Records Lawsuit: The mother of two women who were killed in a Texas University- Commerce dorm room in February is suing the university because the school won't provide details about the investigation of the fatal shootings, the family's attorney announced Tuesday. The mother, Vanessa Calderon, has made several unsuccessful attempts to get information about the investigation that was conducted after the death of her daughters, according to the complaint. (link) Dec 07: Title federal court judge has rejected a request from six female student athletes seeking an immediate restraining order that would halt the University of Iowa's efforts to dismantle its women's swimming and diving program. \"However, the court appreciates the time- sensitive nature of plaintiffs' dilemma as a general matter, and finds expedited briefing to be appropriate,\" Rose added, setting a hearing for Dec. 18. The female athletes officially sought their restraining order against actions set into motion in August when Athletic Director Gary Barta announced plans to cut men's and women's swimming and diving, men's gymnastics, and men's tennis after this academic year in response to massive financial losses from COVID-19. (link) Dec 07 Compliance: The University of Louisville cannot play the victim in a \"pay-for-play\" scheme for recruits that ensnared it and athletics partner Adidas in 2017, according to enforcement staff. The said as much in a response to UofL's argument against a notice of allegations that was released Monday. It also disagrees with the notion that Adidas was not acting in UofL's interests when executives in the company were connected to the recruiting fraud probe. (link) Dec 04: Sexual Misconduct: The University of Washington has fired a professor and former director of its young scholars program, after finding last year that he exploited his position to have \"inappropriate sexual contact\" with a 17-year-old student in the program. The university's investigative office found John D. Sahr began communicating with the student when he was associate dean for undergraduate academic affairs, and that he initiated sexual contact while serving as interim director of the Robinson Center for Young Scholars between 2008 and 2010. 2/27/25, 7:43 Case In Point: Lessons for the proactive manager 4/6 Investigators also found that Sahr had a relationship with a graduate student that violated policy against conflicts of interest. (link) Dec 02: Property Damage Lawsuit: Samford University is suing a former student after hundreds of thousands of dollars in damage was done during a fraternity prank gone awry. According to the federal lawsuit filed this week in the Northern District of Alabama, John Brody Cantrell was a member of the Sigma Chi and lived at the fraternity house on Neal Road. On April 1, 2019, Cantrell and his friend Christopher Wilson went into the attic to jointly play a prank on fellow fraternity members. (link) Dec 03: DUI: Georgia State University Police Chief Joe Spillane resigned last week after his second arrest during his tenure. Police in Peachtree City said Spillane was so intoxicated, he was three times over the legal limit. When the jail refused to take him because he was so inebriated, police were forced to release him to a family member who was responsible for making sure he turned himself in after he sobered up. He did just that two days later. (link) Dec 03: Domestic Violence Termination: Central Connecticut State University has been ordered to reinstate its former director of student conduct more than a year after prosecutors dropped a slate of criminal charges against him related to an April 2018 domestic incident in Hartford. Christopher Dukes was fired from the job without just cause and the university could not convince an arbitrator that Dukes' conduct the night of the domestic incident still merited his removal after the charges were dismissed in November 2019, according to an arbitration award filed this week. (link) Dec 02: Child Pornography 49-year-old man who used to work at Santa Clara University was arrested Monday on suspicion of possession of child pornography after university officials found a makeshift room on campus with a mattress and sex toys inside, police said. University administrators learned in October that a makeshift room had been constructed in a basement maintenance shop on campus that Jason Cameron Brown had constructed, according to Santa Clara police. (link) Campus Life & Safety Events Dec 17: Drugs: Twenty-one people -- including current and former students from University of North Carolina, Duke University, and Appalachian State University -- have been arrested for dealing drugs at and on college campuses. United States Attorney Matthew Martin, a alumnus, said the arrested drug dealers were not small-time drug users, but instead \"hardened drug dealers.\" \"This is a large drug network and supply chain fueling a drug culture at fraternities and within these universities and around these universities and towns,\" Martin said. Court filings specifically point to chapters of Phi Gamma Delta, Kappa Sigma, and Beta Theta Pi from 2017-2020 being sites of illegal drug activity. (link) Dec 10: Student/Instructor Altercation: Fresno Police say a Fresno City College student is in custody after he went to an instructor's house with a gun and got into a \"physical disturbance\" with her Thursday morning. The incident happened in Central Fresno. Witnesses tell Action News the student, who has been identified as Rudolfo Brambila, was holding the woman at 2/27/25, 7:43 Case In Point: Lessons for the proactive manager 5/6 gunpoint after a tense showdown in the backyard of the instructor's home. Detectives say Brambila's exact motive is still unknown, but police know he was mad about a complaint the teacher filed related to his behavior which the female instructor felt was inappropriate. (link) Dec 04: Drugs drug ring largely operated by current and former University of Texas students used apps and social media to sell counterfeit Adderall and Xanax often laced with fentanyl, the Department of Justice announced Friday. Justice officials said 13 people, including eight current and former students, have been charged with trafficking LSD, fentanyl and methamphetamine pills. The ring was led by Varun Prasad, 23, of Austin, investigators said. Prasad accepted payments for the drugs via apps including Venmo and Paypal, plus in cash. Former University of Texas at San Antonio professor Rose Rodriguez-Rabin is accused of providing Prasad with methamphetamine-laced counterfeit drugs \"on numerous occasions,\" Sofer said. (link) Dec 05: Sexual Assault former Syracuse University student is facing rape and other charges in connection with sexual assaults on two students at the university. Members of the U.S. Marshalls Service arrested Jacob Cohen, 19, in his home state of Ohio on Friday on charges of first-degree rape, second-degree burglary, first-degree attempted sexual abuse, and forcible touching, City police said the Syracuse University Department of Public Safety responded at 10 p.m. Aug. 29 to a report of an assault at an on-campus residence hall. (link) Dec 03: Extortion University of Iowa student faces an extortion charge. According to a University of Iowa Department of Public Safety criminal complaint, on April 26, 20-year-old Vy N. Dinh, of Iowa City, told the victim she would go to the police and say she had been sexually assaulted by him unless he paid her $1,000. The alleged threat took place at the Catlett Residence Hall. Dinh was arrested and faces one count of extortion, a Class felony punishable by up to five years in prison. (link) If you have any suggestions, questions or feedback, please e-mail Kevin Robinson at [email protected] or Robert Gottesman at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site. Back to top \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/27/25, 7:43 Case In Point: Lessons for the proactive manager 6/6", "8631_104.pdf": "investigation-records-show/article_af67c60a-ced6-5959-b921-facfa95a5657.html Former band director resigned amid sexual harassment investigation, records show By Rick Childress Lexington Herald-Leader Dec 10, 2020 Dana Biggs, the former director of the University of Kentucky\u2019s marching band, resigned amid a sexual harassment investigation earlier this fall, documents obtained from the university show. Biggs engaged in a \u201cpersonal relationship with\u201d and sent unwanted text messages of a sexual nature to someone who was dependent on Biggs for a grade and a scholarship, according to a letter sent to Biggs in early October by UK\u2019s Office of Institutional Equity and Equal Opportunity \u2014 the office responsible for investigating Title complaints. The recipient of the texts, whose name is redacted in the documents obtained from the university via an open records request, indicated to investigators that Biggs\u2019 behavior was \u201cunwanted, unwelcome, and became a condition of participation in an education program and activity,\u201d stated the letter, signed by Terry Allen, the associate vice president for institutional equity. According to the letter, Biggs was not accused of having a sexual relationship with the person who reported him. But Biggs was accused of sending that person messages describing his sexual encounters and asked for information about their sexual history. An attempt to reach Biggs for comment through his personal Facebook page and old email was unsuccessful. In an Aug. 12 meeting, Biggs described the relationship to investigators as a \u201cfriendship,\u201d the letter stated. He admitted to sending texts early in the morning, the letter stated, \u201cincluding messages about your \u2018pitbull,\u2019 the term you used for your penis \u2026\u2019 \u201d Biggs also admitted to encouraging the person who reported him to not reveal the relationship to parents or friends and that others knowing about it would be career-ending for him. Privacy - Terms 2/27/25, 7:43 Former band director resigned amid sexual harassment investigation, records show | Local News | messenger-inquirer.com 1/2 officials told Biggs that the behavior could be considered sexual harassment under university policy and recommended his suspension until the conclusion of the investigation. According to a separation agreement, Biggs was put on administrative leave after Aug. 17. But \u201cin anticipation of discharge\u201d Biggs gave his resignation notice on Sept. 28 \u2014 before the matter ever reached a hearing. The investigation was dismissed because of Biggs\u2019 resignation, but should he seek employment at again, the matter will be taken back up, the letter stated. He was officially separated from the university on Oct. 1, and is ineligible for rehire spokesperson Jay Blanton said the College of Fine Arts is planning to launch a national search for a new director. Biggs, who had been the marching band director since 2017 and received a salary close to $87,000 per year, was only paid by the university through his departure from UK, the separation agreement showed. 2/27/25, 7:43 Former band director resigned amid sexual harassment investigation, records show | Local News | messenger-inquirer.com 2/2"} |
8,266 | Chris Heaton | Harvard University | [
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] | {"8266_101.pdf": "2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 1/7 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations By Elizabeth Joseph and Kwegyirba Croffie 1 minute read \u00b7 Published 5:14 EDT, Tue October 9, 2018 (CNN) \u2014 Harvard\u2019s head diving coach resigned Tuesday, more than a week after allegations of sexual misconduct against him were detailed in a federal lawsuit filed by athletes he had coached was first to alert Harvard University last week about the allegations against Chris Heaton, 31. Heaton, who was hired in August, was placed on leave last Tuesday, pending a review by Harvard, a university spokesperson said This is why people hesitate to report sexual misconduct Former Harvard University head diving coach Chris Heaton Harvard 2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 2/7 Heaton is not named as a defendant in the class-action suit. But he is described as having solicited nude pictures from female athletes at an Indiana diving academy and having sent pictures of his penis to young female athletes there, court documents show. The athletes complained about the conduct beginning in 2015 to Heaton\u2019s superiors at the Indiana Diving Academy, known as Ripfest, the suit claims. It follows cases involving sexual misdeeds alleged by athletes against Gymnastics and Ohio State University, and comes against the backdrop of the #MeToo movement. Heaton couldn\u2019t be reached for comment immediately on Tuesday. Tracey Bird will step in as interim coach during a national search for a successor, the university said. CNN\u2019s Darran Simon and Rob Frehse contributed to this report. Up next Justin Tucker calls inappropriate sexual misconduct allegations against him \u2018so shocking and heart-breaking\u2019 5 minute read Trump administration fires top general and Navy chief in unprecedented purge of military leadership 5 minute read \u2018Indiscriminate madness claims firings target low performers and new employees. The reality is far from it 7 minute read Supreme Court signals it will make it easier for Americans to file \u2018reverse discrimination\u2019 suits 3 minute read Preliminary autopsies performed on Gene Hackman and wife find no external injuries following their \u2018suspicious\u2019 deaths 2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 3/7 6 minute read Most read 1 Preliminary autopsies performed on Gene Hackman and wife find no external injuries following their \u2018suspicious\u2019 deaths 2 She graduated from high school with honors but can\u2019t read or write. Now she\u2019s suing 3 Elon Musk says upgrade of FAA\u2019s air traffic control system is failing and SpaceX needs to take over Verizon\u2019s contract 4 Andrew Tate and brother arrive in Florida after leaving Romania, spokesperson says 5 Child in West Texas is first measles death in a decade 6 Inside Patel\u2019s first week: Internal upheaval at the \u2013 some of his own making 7 Jobless claims spike, in worrisome sign for the labor market 8 Chief Justice John Roberts pauses order for Trump admin to pay $2 billion in foreign aid by midnight 9 Gene Hackman, the Oscar-winning Everyman actor with an edge, dies at 95 10 Washington Post staffers are in open rebellion against Jeff Bezos Justin Tucker calls inappropriate sexual misconduct allegations against him \u2018so shocking ... Trump administration fires top general and Navy chief in unprecedented 2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 4/7 Sign in unprecedented ... \u2018Indiscriminate madness claims firings target low performers and new employees Preliminary autopsies performed on Gene Hackman and wife find no external ... She graduated from high school with honors but can\u2019t read or write. Now she\u2019s suing Elon Musk says upgrade of FAA\u2019s air traffic control system is failing and SpaceX ... Search CNN... Live Listen Watch 2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 5/7 World Politics Business Markets Health Entertainment Tech Style Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Watch Listen Games About 2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 6/7 Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved Sans \u2122 & \u00a9 2016 Cable News Network. 2/27/25, 7:43 Harvard\u2019s head diving coach resigns amid sexual misconduct allegations 7/7", "8266_102.pdf": "Harvard Diving Coach Accused Of Sexual Misconduct October 3, 2018 / 7:31 Boston (AP) \u2014 Harvard University's diving coach has been accused of soliciting female athletes at an Indiana diving camp for nude photos and sending them photos of himself. Chris Heaton is among the instructors described in a class-action suit filed Sunday in Indianapolis federal court against Diving, the sport's governing body. Harvard officials placed Heaton on leave Tuesday pending a university review News Weather Sports Video Features 48\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 1/8 The lawsuit claims that the athletes at Ripfest Diving, a camp for competitive divers, complained in 2015 that Heaton was soliciting them for the photos and sending them pictures of his penis. The women say program officials dismissed the complaints at the time. Harvard spokeswoman Rachel Dane said the university wasn't aware of the allegations when it hired Heaton in August. Heaton, who isn't named as a defendant in the suit, didn't immediately comment Diving and Ripfest organizers, who are the primary defendants, also didn't respond to emails seeking comment. Harvard Diving coach Chris Heaton (Image credit: Harvard University) Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 2/8 The Indiana lawsuit says Diving and Ripfest didn't do enough to protect divers from former coach, Johel Ramirez Suarez, who pleaded guilty to three counts of battery last month. The suit accuses organizers of Ripfest, including owner and 2008 U.S. Olympic Diving head coach John Wingfield, of creating a culture that \"tolerated sexual harassment, objectification, assault and abuse.\" The Indiana-based Diving faces similar complaints in Ohio, where female divers in another class action lawsuit say the organization didn't take appropriate action to stop former coach Will Bohonyi from coaching beyond putting him on a list of banned coaches after they say he sexually abused and exploited them. Heaton is an Ohio native and 2009 graduate of Miami University in Ohio who most recently served as program director and head coach at Moss Farms Diving in Moultrie, Georgia, according to an announcement from Harvard at the time of his hiring. Heaton also held a variety of coaching roles for Diving and Team in recent years. He served as a coach for Team at the 2016 Junior World Championships in Kazan, Russia, according to the announcement. (\u00a9 Copyright 2018 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.) More from News Flight from Boston aborts landing at D.C. airport to avoid plane Accusations fly between lawyers during Karen Read pretrial hearing Philip Chism denied new trial in math teacher's murder Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 3/8 \u00a9 2018 Broadcasting Inc. All Rights Reserved Boston man spent decades behind bars for a murder he didn't commit; now he's helping others Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 4/8 Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy.\u2026 The rise of health misinformation is a growing global crisis. Here's how advocates are fighting it Health misinformation accounts for 51% of social posts associated with vaccines and up to 60% related to pandemics. Mubarikpur: Discover Affordable Laser Cutting Machine Options Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 5/8 Mubarikpur: Discover Affordable Wedding Dress Options Villas For Sale in Dubai Might Surprise You New Container Houses In Mubarikpur: Take Look At The Prices The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices Access all channels anywhere, anytime Explore Affordable Wedding Dress Options Do you speak English? Work Job From Home In Pakistan Mubarikpur: Unsold Prefabricated Houses Are on Sale (Take a Look at Prices Incredible, the box everyone is talking about: Access all channels ? Do You Speak English? Work for a Company, Live in Mubarikpur Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 6/8 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details Treatment That Might Help You Against Knee Pain Top 10 Best Laser Cutting Machines 2024 (See Prices The way you make your fist reveals something crucial about your personality. Treatment That Might Help You Against Knee Pain (Search Here) Got Knee Pain? Treatment in Mubarikpur Might Surprise You Pakistan: Unsold Sofas for Every Style And Budget at Affordable Prices Pakistan: Jewelry On Sale For Half Price (See Price List) Cost Of Buccal Fat Removal Might Surprise You Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 7/8 News Sports Weather Contests Program Guide Sitemap About Us Advertise Television Jobs Public File for Public File for / myTV38 Public Inspection File Help Applications Report Watch News 2/27/25, 7:43 Harvard Diving Coach Accused Of Sexual Misconduct Boston 8/8", "8266_103.pdf": "Harvard \u2018unaware\u2019 that new head diving coach was accused of sending nudes to athletes By Josh Magness Updated October 04, 2018 8:45 AM| Officials at Diving \u2014 the national governing body of diving for the United States Olympic Committee \u2014 ignored complaints from athletes that some coaches were class-action lawsuit filed against Diving Inc. says coaches sexually harassed athletes, whose complaints were ignored, and new Harvard head diving coach Chris Heaton is accused of inappropriate behavior. Screenshot from @HarvardSwim Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 02:38 10 10 6 $1.99 Engage with news that matters to you Log In | Subscribe 2/27/25, 7:44 Diving, Harvard coach named in sexual harassment suit | Miami Herald 1/4 sexually assaulting them, according to a class-action lawsuit filed in federal court on Sunday. Among those named is Chris Heaton, who reported was hired as Harvard\u2019s new head diving coach in August 2018. The lawsuit accuses Heaton of sending pictures of his penis to athletes at Ripfest, a diving camp in Indianapolis that is sanctioned by Diving. The coach tried to get the female athletes to send pictures back, the lawsuit says, and that Diving head coach and Ripfest president John Wingfield didn\u2019t act after athletes told him about the behavior. The lawsuit says another coach at Ripfest, Chris Zukas, helped get Heaton to leave the camp once he was told the accusations of sexual harassment. But the lawsuit says that Heaton is still a recognized Diving coach, and the organization \u201chosts events at the club where Heaton is currently coaching.\u201d In a statement to CNN, university spokeswoman Rachael Dane said that there was no knowledge of sexual assault allegations when he was hired to be the head diving coach this summer. Heaton didn\u2019t respond to the outlet\u2019s request for comment. \u201cUpon learning of allegations of sexual misconduct from media reports,\u201d she wrote to CNN, \u201cHarvard immediately placed Mr. Heaton on leave, pending a review by Harvard University.\u201d The university praised Heaton in a press release when he was hired, calling him \u201can outstanding coach and educator.\u201d The lawsuit says that Diving and the United States Olympic committee have prioritized profit \u2014 and accuses the organizations of \u201cignoring, denying, obstructing, or covering up complaints of sexual abuse, deferring and diverting investigations\u201d about alleged misconduct from coaches. It says that \u201cpredator coach\u201d Johel Ramirez Suarez, who pleaded guilty last month to three counts of battery, subjected female divers to \u201cdisgusting and unnecessary\u201d abuse. Suarez worked at Ripfest from 2015 to 2017, according to the lawsuit, but it was known that he raped and sexually assaulted athletes \u2014 some young \u2014 by 2016. 2/27/25, 7:44 Diving, Harvard coach named in sexual harassment suit | Miami Herald 2/4 Suarez was arrested in 2017 for sexually assaulting a teenage diver, according to The Indianapolis Star. The lawsuit says Wingfield \u201cfostered\u201d an environment where alleged predators were able to have exposure to young athletes. This story was originally published October 4, 2018 at 8:30 AM. 5-Minute Herald The best of the morning's Miami Herald By submitting agree to the Privacy Policy and Terms of Service. Take Us With You Real-time updates and all local stories you want right in the palm of your hand 2/27/25, 7:44 Diving, Harvard coach named in sexual harassment suit | Miami Herald 3/4 Part of the McClatchy Media Network Start a Subscription Customer Service Edition Vacation Hold Pay Your Bill About Us Contact Us Newsletters Archives Sports Betting Banking Coupons McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political | Advocacy Advertising 2/27/25, 7:44 Diving, Harvard coach named in sexual harassment suit | Miami Herald 4/4", "8266_104.pdf": "Harvard diving coach accused of misconduct 6y College softball rankings: The Top 25 teams after Week 3 2d College baseball Week 2: Top 25 rankings, play of the week and what to watch 3d Oklahoma softball reports 37% revenue surge 7h - Michele Steele Mountain West, Pac-12 agree to mediate lawsuits 20h - Kyle Bonagura program helps players finish degree 1d Stanford Muir to step down after 13 years 3d - Pete Thamel Leagues back bill to disable drones at stadiums 7d - Tisha Thompson brass seek Congress' help on college sports 8d Gators hire Marquette's Theis as volleyball coach 10d How Livvy Dunne became one of the most recognizable names in sports 6d - D'Arcy Maine 2025 draft rankings: Which college star is No. 1 on our initial list? 7d - Kiley McDaniel The 'underdog' Sooners are back for Oct 4, 2018, 04:00 Share CAMBRIDGE, Mass. -- Harvard University's diving coach has been accused of soliciting female athletes at an Indiana diving camp for nude photos and sending them photos of himself. Chris Heaton is among the instructors described in a class-action suit filed Sunday in Indianapolis federal court against Diving, the sport's governing body. Harvard officials placed Heaton on leave Tuesday, pending a university review. Associated Press Harvard diving coach Chris Heaton on leave after sexual misconduct allegations 2/27/25, 7:44 Harvard diving coach accused of sexual misconduct 1/3 The lawsuit alleges that athletes at Ripfest Diving, a camp for competitive divers, complained in 2015 that Heaton was soliciting them for the photos and sending them pictures of his genitalia. The women say program officials dismissed the complaints at the time Lawsuit Diving didn't act on sexual abuse 6y Harvard spokeswoman Rachel Dane said the university wasn't aware of the allegations when it hired Heaton in August. Heaton, who isn't named as a defendant in the suit, didn't immediately comment Diving and Ripfest organizers, who are the primary defendants, also didn't respond to emails seeking comment. The Indiana lawsuit says Diving and Ripfest didn't do enough to protect divers from former coach Johel Ramirez Suarez, who pleaded guilty to three counts of battery last month. The suit accuses organizers of Ripfest, including owner and 2008 U.S. Olympic Diving head coach John Wingfield, of creating a culture that \"tolerated sexual harassment, objectification, assault and abuse.\" The Indiana-based Diving faces similar complaints in Ohio, where female divers in another class-action lawsuit say the organization didn't take appropriate action to stop former coach Will Bohonyi from coaching, beyond putting him on a list of banned coaches after they say he sexually abused and exploited them. Heaton is an Ohio native and a 2009 graduate of Miami University in Ohio who most recently served as program director and head coach at Moss Farms Diving in Moultrie, Georgia, according to an announcement from Harvard at the time of his hiring. Heaton also held a variety of coaching roles for Diving and Team in recent years. He served as a coach for Team at the 2016 Junior World Championships in Kazan, Russia, according to the announcement. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/27/25, 7:44 Harvard diving coach accused of sexual misconduct 2/3 Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/27/25, 7:44 Harvard diving coach accused of sexual misconduct 3/3", "8266_105.pdf": "By Doha Madani Oct. 4, 2018, 4:14 Harvard diving coach placed on leave amid sexual misconduct allegations Chris Heaton is accused in a lawsuit of soliciting nude photos from female athletes while working in Indiana three years ago Harvard says it was unaware of any sexual misconduct allegations against Chris Heaton before hiring him as diving coach in August. Joe Raedle / Getty Images file 2/27/25, 7:44 Harvard diving coach placed on leave amid sexual misconduct allegations 1/3 Harvard University has placed its head diving coach on leave after a federal lawsuit accused him of sexual misconduct while working for an Indiana diving camp. The class-action lawsuit alleges that Chris Heaton, 31, solicited nude photographs from young female athletes at an Indiana diving school. Heaton, not one of the defendants of the suit, allegedly sent photos of his penis to female athletes while at the Ripfest Diving Camp in Indiana in 2015. Fifty women are listed as defendants, all but one are listed as Jane Does. \u201cHarvard University was unaware of any allegations of sexual misconduct when Mr. Heaton was hired as the Head Coach for Diving in August 2018,\u201d Harvard spokeswoman Rachael Dane said in a statement. \u201cUpon learning of these allegations from media reports, Harvard immediately placed Mr. Heaton on leave, pending a review of these allegations by Harvard University.\u201d Heaton did not respond to NBC\u2019s request for comment. The suit names Diving, a national governing body of the U.S. Olympic Committee (USOC), and its state-level administrative body the Indiana Diving Association in failing to protect athletes abused at the Indiana Diving Academy (Ripfest). Ripfest owner John Wingfield, and former coach Johel Ramirez Suarez are also defendants. Suarez was arrested in November of 2017 after three women accused him of rubbing their vaginal areas when he was supposed to help them stretch at diving camps operated by Ripfest, the Indianapolis Star reported. Court records show Suarez pleaded guilty to three counts of battery this past September and was sentenced to about a year and half in jail. The suit claims that Wingfield, a Diving sanctioned coach, ignored young athlete\u2019s complaints about the behavior from Suarez and Heaton. Neither Ripfest nor Wingfield responded to NBC\u2019s request for comment. The allegations against Diving for failing to act on sexual misconduct within its organization come on the heels of sexual abuse conducted by Larry Nassar during his time at Gymnastics \u2014 a separate National Governing Body of the USOC. Nassar was sentenced to 40 to 125 years in prison in February after being accused of molestation by 265 girls and women. The entire board of Gymnastics resigned shortly before Nassar\u2019s sentencing after the U.S. Olympic Committee threatened to decertify the organization as a national governing body. 2/27/25, 7:44 Harvard diving coach placed on leave amid sexual misconduct allegations 2/3 Neither Diving nor the U.S. Olympic Committee responded to NBC\u2019s request for comment on the allegations against Heaton and Ripfest. 2/27/25, 7:44 Harvard diving coach placed on leave amid sexual misconduct allegations 3/3", "8266_106.pdf": "Learn more about Read Next (Reuters) - Harvard University's Athletic Department said on Tuesday that its head diving coach, Chris Heaton, had stepped down, amid accusations of sexual misconduct. Heaton, who was hired to lead Harvard's diving program in August, was placed on leave on Oct. 3. In an abbreviated statement on Tuesday, Harvard said that Heaton had resigned and that it had appointed an interim coach. In a class-action lawsuit filed on Sept. 30, Heaton was accused of soliciting on numerous occasions since 2015 nude pictures from female athletes at Diving's Ripfest Diving camp in Indiana Diving is the sport's national governing body. Heaton was not named in the lawsuit, which was filed by several women, only one of whom was named in it. Reuters' attempts to reach Heaton were unsuccessful. On Tuesday, Harvard spokeswoman Rachael Dane declined to provide contact information for Heaton, saying he was no longer an employee and that she did not know if he had legal representation. The lawsuit, seen by Reuters, named as defendants Diving, Indiana Diving Academy, Ripfest's director John Wingfield, and Johel Ramirez Suarez, who had worked at the camp as a coach. John Wingfield and representatives for Diving and the Indiana Diving Academy did not respond to requests for comment. Reuters was not immediately able to obtain contact information for Suarez. In a statement issued by Harvard on Oct. 3, spokeswoman Dane said, \"Harvard Athletics was unaware of any allegations of misconduct when Mr. Heaton was hired as the Head Coach for Diving in August 2018.\" \"Upon learning of allegations of sexual misconduct from media reports, Harvard immediately placed Mr. Heaton on leave, pending a review by Harvard University,\" she said. It was the latest case of allegations of sexual misconduct roiling college sports. In August, the U.S. Department of Education opened a civil rights investigation into how Ohio State University responded to accusations of sexual abuse against now-deceased doctor Richard Strauss, who worked for its athletic department. In July, Ohio State said that more than 100 former students had told investigators they were victims of Strauss, who killed himself in 2005. Last year, the former doctor for Gymnastics, Larry Nassar, was sentenced by a Michigan court for sexually abusing female gymnasts. Michigan State University agreed to a $500 million settlement in that case. Reporting by Gabriella Borter; Editing by Bill Tarrant Our Standards: The Thomson Reuters Trust Principles. Suggested Topics: United States Purchase Licensing Rights Harvard Diving coach resigns after sexual misconduct allegations By Gabriella Borter October 9, 2018 6:24 \u00b7 Updated 6 years ago My News Feedback 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 1/8 United States Remote federal employees get ultimatum to move to Washington 12:38 United States judge halts Trump administration's calls for mass firings by agencies ago United States officials must testify about in lawsuit over access to agency systems 11:55 United States Senator Slotkin to rebut Trump speech as Democrats seek to sharpen message 10:46 World\u200b Feedback 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 2/8 Latest Home Authors Topic Sitemap Archive Article Sitemap Media Videos Pictures Graphics Podcasts Browse World Business Markets Sustainability Legal Breakingviews Technology Investigations Sports Science Lifestyle About Reuters About Reuters Advertise with Us China urged to think big, go hard on reviving battered consumption \u00b7 February 27, 2025 \u00b7 7:06 \u00b7 37 min ago Coco Wen took advantage of China's consumer subsidies to buy herself a new iPhone for about two thirds of the original price. At the same time, she's cutting spending on other things. United States Actor Gene Hackman and wife found dead at home; cause of death under probe 43 min ago Asia Pacific North Korea's Kim orders nuclear readiness after missile test says an hour ago United Kingdom King Charles invites Trump for unprecedented second state visit an hour ago World Trump dodges plea from Britain's Starmer for Ukraine security guarantee 6:33 Feedback 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 3/8 Careers Reuters News Agency Brand Attribution Guidelines Reuters and Reuters Leadership Reuters Fact Check Reuters Diversity Report Stay Informed Download the App (iOS) Download the App (Android) Newsletters Information you can trust Reuters, the news and media division of Thomson Reuters, is the world\u2019s largest multimedia news provider, reaching billions of people worldwide every day. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Follow Us Advertise With Us Advertising Guidelines Purchase Licensing Rights All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays. Cookies Terms of Use Privacy Digital Accessibility Corrections Site Feedback \u00a9 2025 Reuters. All rights reserved Workspace Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. DataCatalogue Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. World-Check Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks Products Feedback 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 4/8 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 5/8 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 6/8 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 7/8 2/27/25, 7:44 Harvard Diving coach resigns after sexual misconduct allegations | Reuters 8/8", "8266_107.pdf": "Harvard's Head Diving Coach Resigns Following Allegations of Sexual Misconduct By Madeleine R. Nakada, Crimson Staff Writer October 10, 2018 When Professors Speak Out, Some Students Stay Quiet. Can Harvard Keep Everyone Talking Allston Residents, Elected Of Ask for More Benefits from 10-Year Plan The Harvard men\u2019s swimming and diving team competes in a 2017 meet. By Matthew DeShaw Sections 2/27/25, 7:44 Harvard's Head Diving Coach Resigns Following Allegations of Sexual Misconduct | News | The Harvard Crimson 1/5 The head coach of Harvard\u2019s diving program Chris Heaton has resigned days after administrators placed him on leave following allegations that he solicited nude pictures from and sent photos of his penis to young female athletes years ago. Athletics Director Robert L. Scalise announced Heaton\u2019s decision to resign in an email sent to Harvard \u201ccoaches and staff\u201d Tuesday afternoon. \u201cToday share the news that Mr. Heaton has communicated to Harvard that he has decided to step down from his role,\u201d Scalise wrote in the email. \u201cIn his place, Tracey Bird will step in as our interim diving coach, effective immediately.\u201d Scalise added that Harvard will soon launch a \u201cnational search for a successor\u201d to Heaton. Heaton could not immediately be reached for comment Tuesday. Harvard hired Heaton in August 2018 \u2014 but placed him \u201con leave\u201d roughly two months later pending a review of allegations of sexual misconduct that surfaced in a class-action lawsuit. The suit, filed Sept. 30 in the United States District Court for the Southern District of Indiana, alleges that Heaton committed acts of sexual harassment while teaching at the Indiana diving Academy known as Ripfest. It names Heaton, but not as a defendant. \u201cOn numerous occasions\u2026 Chris Heaton solicited nude pictures from female athletes at Ripfest,\u201d the suit states. \u201cHeaton sent pictures of his penis to young female athletes.\u201d Harvard has previously denied it had any knowledge of the accusations detailed in the suit when the school hired Heaton. Scalise reiterated this denial in his email Tuesday. \u201cAs you may know, last week we became aware of allegations concerning our Head Diving Coach,\u201d Scalise wrote. \u201cWe take such allegations extremely seriously Sections 2/27/25, 7:44 Harvard's Head Diving Coach Resigns Following Allegations of Sexual Misconduct | News | The Harvard Crimson 2/5 Want to keep up with breaking news? Subscribe to our email newsletter \u2014This is a developing story. It will be updated. \u2014Staff writer Madeleine R. Nakada can be reached at [email protected] 1. Harvard\u2019s Bathroom Dilemma 2. Judge Dismisses Lawsuit by Harvard Alumni Who Alleged Antisemitism Devalued Their Degrees 3 Ran The Numbers. There is a 300% Workload Gap Between Some Majors. 4. Harvard International Review Removes Article on Sikh Separatism After Backlash 5. Non-Tenure Track Faculty Deliver Petition on Time Caps to Harvard President Garber Sections 2/27/25, 7:44 Harvard's Head Diving Coach Resigns Following Allegations of Sexual Misconduct | News | The Harvard Crimson 3/5 The Harvard Crimson's Guide To Your Summer Opportunities | 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program Successful Law School Essays | 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 2/27/25, 7:44 Harvard's Head Diving Coach Resigns Following Allegations of Sexual Misconduct | News | The Harvard Crimson 4/5 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc. Sections 2/27/25, 7:44 Harvard's Head Diving Coach Resigns Following Allegations of Sexual Misconduct | News | The Harvard Crimson 5/5"} |
8,466 | Joseph William Stubblefield | Compton College | [
"8466_101.pdf",
"8466_102.pdf"
] | {"8466_101.pdf": "Board of Trustees v. Stubblefield [Civ. No. 36691. Court of Appeals of California, Second Appellate District, Division Two. April 20, 1971 COUNTY, Plaintiff and Respondent, v STUBBLEFIELD, Defendant and Appellant (Opinion by Compton, J., with Roth, P. J., and Herndon, J., concurring.) [16 Cal. App. 3d 821 Norman W. Gordon for Defendant and Appellant. John D. Maharg, County Counsel, and Kenneth E. Reynolds, Deputy County Counsel, for Plaintiff and Respondent COMPTON, J. On March 4, 1969, the Board of Trustees of the Compton Junior College District (hereinafter referred to as the Board) pursuant to Education Code sections 13403, 13404 and 13408, suspended defendant, a certificated teacher, from his employment with the Compton Junior [16 Cal. App. 3d 822] College District and notified him of the Board's intention to dismiss him after 30 days. The suspension and dismissal were based upon charges of immoral conduct and evident unfitness for service as provided by section 13403 of the Education Code. fn. 1 Defendant demanded a hearing as provided for in the statutes. Although not required by the code to do so, the Board held an informal hearing, at which defendant and his counsel were present, and heard evidence concerning the charges. 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 1/7 Subsequently, pursuant to section 13412 fn. 2 of the Education Code, the Board filed a complaint in the superior court requesting that the court inquire into the charges made against defendant and determine whether or not those charges were true, and if true, whether or not the charges constituted sufficient grounds for the dismissal of defendant. The court found that the charges against defendant were true and were sufficient basis for the Board's dismissal of defendant. Defendant appeals from the judgment and from the denial of a motion to vacate the judgment under Code of Civil Procedure section 663. In addition, defendant purports to appeal from the trial court's overruling of a demurrer and denial of a new trial, both of which are nonappealable orders. (Code Civ. Proc., \u00a7 904.1.) The purported appeals therefrom are dismissed. We note in passing, however, that as to the demurrer, the written charges and the informal hearing conducted by the Board fully apprised defendant of the nature of the charges. Reduced to its simplest terms, defendant's contention on appeal is that the trial court erred as a matter of law in holding that defendant's conduct constituted sufficient grounds for dismissal. Although there was some conflict in the evidence, the conduct in which [16 Cal. App. 3d 823] the trial court found the defendant to have engaged was amply established by competent testimony. That conduct viewed objectively as well as when viewed in the light of logical inferences to be drawn therefrom was unquestionably, as we shall see, well within even the most restricted definition of \"immoral conduct\" as that term is used generally or as it is used in Education Code section 13403. The evidence of defendant's conduct which the trial court found to be true, a finding which is not assailed by defendant on appeal, can be briefly summarized as follows. After teaching a class on the night of January 28, 1969, defendant drove a female student, and member of that class, in his car to a location on a side street near Compton College and parked. The location is in an area of industrial construction and was not lighted. At some time after defendant parked, a Los Angeles County Deputy Sheriff spotted defendant's car. The car appeared to the deputy to be abandoned and he went to investigate. When the deputy illuminated defendant's car with his headlights and searchlight, defendant then sat up. When the deputy approached defendant's car, 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 2/7 illuminating the interior with his flashlight, he observed that defendant's pants were unzipped and lowered from the waist, exposing his penis. The student was nude from the waist up, and her capri pants were unzipped and open at the waist. The deputy orally identified himself as a police officer. In addition, he was wearing a yellow raincoat with a badge on the chest and a helmet bearing a sheriff's emblem. Defendant recognizing that the deputy was a police officer, threw open the left car door, nearly striking the deputy, and shouted, \"Get the hell away from me, you dirty cop.\" As the deputy was standing behind the still open left door, defendant shifted the car into reverse, accelerated rapidly backward, knocking the deputy to the pavement and causing minor injuries to the deputy and damage to his clothing. Defendant then drove away. The deputy pursued defendant in his patrol car with his red lights flashing, and his siren and searchlight on; during the chase defendant drove at speeds between 80 and 100 miles per hour and refused to yield until the student, by persuasion and by attempting to force the steering wheel to the right, caused defendant to stop. The legislative scheme for discharging permanent employees of a school district essentially gives the governing board in the first instance the power to suspend and discharge or retain such employee against whom charges [16 Cal. App. 3d 824] have been made under the applicable provisions of section 13403 of the Education Code. When the employee demands a hearing, the board can either rescind its action or ask the superior court to conduct such hearing. Thus, in these cases the court conducts what in other areas of the civil service would be an administrative hearing. Whether this rather unique procedure amounts to superior court review of an administrative determination, or an ordinary decision of the superior court, the scope of our review is the same. (See Moran v. Board of Medical Examiners, 32 Cal. 2d 301 [196 P.2d 20].) We must determine only whether the findings and conclusions of the trial court, as a matter of law, lack support in the record. [1] \"Although a public employee has no constitutional right to his position, he cannot be barred or removed arbitrarily. [Citations.] Action is arbitrary ... when the facts do not reasonably justify the conclusion. [Citations.]\" (Hollon v. Pierce, 257 Cal. App. 2d 468, 478 [64 Cal. Rptr. 808].) [2] Thus, we turn to the court's conclusion that the defendant's conduct here was sufficient grounds for suspension and dismissal. 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 3/7 \"'... [T]he calling [of a teacher] is so intimate, its duties so delicate, the things in which a teacher might prove unworthy or would fail are so numerous that they are incapable of enumeration in any legislative enactment. ... His habits, his speech, his good name, his cleanliness, the wisdom and propriety of his unofficial utterances, his associations, all are involved. His ability to inspire children and to govern them, his power as a teacher, and the character for which he stands are matters of major concern in a teacher's selection and retention.'\" (Board of Education v. Weiland, 179 Cal. App. 2d 808 [4 Cal. Rptr. 286], citing from Goldsmith v. Board of Education, 66 Cal. App. 157, 168 [225 P. 783].) There are certain professions which impose upon persons attracted to them, responsibilities and limitations on freedom of action which do not exist in regard to other callings. Public officials such as judges, policemen and schoolteachers fall into such a category. As between a teacher and his student, \"[a]n important part of the education ... is the instilling of a proper respect for authority and obedience to necessary discipline. Lessons are learned from example as well as from precept.\" (Johnson v. Taft School Dist., 19 Cal. App. 2d 405, 408 [65 P.2d 912].) And as our Supreme Court said in Board of Education v. Swan, 41 Cal. 2d 546 at p. 552 [261 P.2d 261 teacher ... in the public school system is regarded by the public and pupils in the light of an exemplar, whose words and actions are likely to be followed by the [students] coming under [his] care and protection.\" [16 Cal. App. 3d 825] It would seem that, as a minimum, responsible conduct upon the part of a teacher, even at the college level, excludes meretricious relationships with his students and physical and verbal assaults on duly constituted authorities in the presence of his students. Defendant quickly calls to our attention the recent pronouncement of our Supreme Court in Morrison v. State Board of Education, 1 Cal. 3d 214, at p. 217 [82 Cal. Rptr. 175, 461 P.2d 375]. In that case the court held that the revocation of a teaching credential upon grounds of \"immoral and unprofessional conduct and acts involving moral turpitude\" could not be supported by evidence limited to a showing that on one occasion three years in the past, while under severe stress, the teacher had engaged in an undescribed but noncriminal private act \"of a homosexual nature\" with a consenting adult. The court concluded that, \"... the State Board of Education can revoke a life diploma or other document of certification and thus prohibit local school officials from hiring a particular teacher only if that individual has in some manner indicated that he is unfit to teach. Thus an individual can be 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 4/7 removed from the teaching profession only upon a showing that his retention in the profession poses a significant danger of harm to either students, school employees, or others who might be affected by his actions as a teacher.\" (Morrison, supra, at p. 235.) Defendant contends that Morrison prohibits his discharge because the evidence adduced against him concerned only his conduct and did not expressly demonstrate how that conduct rendered him unfit to teach. We do not agree with defendant's broad interpretation of that case. Morrison does not appear to substantially alter the fundamental considerations traditionally applied to cases involving the dismissal of a teacher or the revocation of a teacher's credential for \"immoral conduct.\" Consistent with previous cases, fn. 3 the court in its analysis of the conduct placed paramount importance on the possible impairment of teaching ability and relationships with students and clearly recognized the power of governmental employers to maintain proper discipline in the particular governmental service. \"Morrison thus seems to be a narrow decision, limited to its facts, and one decided primarily upon a disinclination of the majority of the court to permit judicial notice by the administrative agency or the trial court of the possibility that a man who had engaged in the conduct of the petitioner in [16 Cal. App. 3d 826] that case might repeat it so as to render him unfit to teach.\" (Alford v. Department of Education, 13 Cal. App. 3d 884, 889 [91 Cal. Rptr. 843].) Substantial factual distinctions exist between Morrison and the instant case in terms of the lapse of time between the conduct and the discharge, the locales where the conduct occurred and the status of the parties involved. Another substantial difference is that between the revocation of a teacher's certificate and dismissal from employment in a single school district. Thus the court stressed that a teacher \"is entitled to a careful and reasoned inquiry into his fitness to teach by the Board of Education before he is deprived of his right to pursue his profession.\" (Italics added.) (Morrison, supra, at pp. 238-239.) In the instant case defendant was charged under section 13403 et seq. of the Education Code. Under this statute defendant cannot be deprived of his right to pursue his profession, indeed, the only sanction to be imposed on defendant under section 13403 is dismissal from his job in the Compton Junior College District and not revocation of his teaching credential. 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 5/7 However, it seems clear from the language in Morrison that the same test applies to either situation. Thus a nexus between the defendant's conduct and his usefulness to the school district was a necessary condition of his discharge under Education Code section 13403. Such a finding was inherent in the trial court's conclusion that the conduct constituted sufficient grounds for discharge. Returning to Morrison, at page 236, we note that the court there was critical of the lack of psychiatric or other evidence to establish (1) \"[t]hat a man of petitioner's background was any more likely than the average adult male to engage in any untoward conduct with a student\" (italics added), or (2) that publicity surrounding his conduct adversely affected his ability to teach. The clear import of that decision, then, is that a teacher may be discharged or have his certificate revoked on evidence that either his conduct indicates a potential for misconduct with a student or that his conduct while not necessarily indicating such a potential, has gained sufficient notoriety so as to impair his on-campus relationships. There is no requirement that both the potential and the notoriety be present in each case. While in this case no evidence was offered which directly dealt with notoriety, the very fact that a police officer, in the course of his official duties, easily discovered defendant and his companion, demonstrates the [16 Cal. App. 3d 827] tenuous security from public attention provided by the front seat of defendant's automobile. Moreover, upon detection, defendant chose to assault the police officer and attempt an escape through dark city streets at high speeds, thereby ultimately insuring further public attention. Finally, \"unfitness to teach\" in terms of an indication that defendant was \"more likely than the average adult male to engage in any untoward conduct with a student\" can be inferred from the very conduct itself. Defendant's actions in this case speak louder than any words of a psychiatrist. The potential, evidence of which was found lacking in Morrison, was overtly manifested here. The integrity of the educational system under which teachers wield considerable power in the grading of students and the granting or withholding of certificates and diplomas is clearly threatened when teachers become involved in relationships with students such as is indicated by the conduct here. 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 6/7 The findings and conclusions of the trial court are amply supported by the record. However, in order to eliminate any uncertainty in the record, we resort to our authority under section 909 of the Code of Civil Procedure and make the specific finding that the conduct of the defendant in this case constitutes immoral conduct which indicates unfitness to teach. We further find that the conduct here indicates evident unfitness for service under the provisions of section 13403 of the Education Code. The judgment is affirmed. The purported appeals from the orders overruling a demurrer and denying a new trial are dismissed. Roth, P. J., and Herndon, J., concurred 1. Education Code section 13403 reads in pertinent part: \"Grounds for dismissal of permanent employee. No permanent employee shall be dismissed except for one or more of the following causes: (a) Immoral or unprofessional conduct. ... (e) Evident unfitness for service 2. Education Code section 13412: \"Action of governing board after demand for hearing. When any employee, who has been served with notice of the governing board's intention to dismiss him demands a hearing, the governing board shall have the option either (a) to rescind its action, or (b) to file a complaint in the superior court of the county in which the school district or the major part thereof is located, setting forth the charges against the employee and asking that the court inquire into the charges and determine whether or not the charges are true, and if true, whether or not they constitute sufficient grounds for the dismissal of the employee, under the provisions of this code, and for judgment pursuant to its findings 3. See for example: Board of Education v. Swan, 41 Cal. 2d 546 [261 P.2d 261]; Board of Education v. Weiland, 179 Cal. App. 2d 808 [4 Cal. Rptr. 286]. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/27/25, 7:45 Board of Trustees v. Stubblefield :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: Justia 7/7", "8466_102.pdf": "v (1971) Court of Appeal, Second District, Division 2, California of the of COUNTY, Plaintiff and Respondent, v. Joseph William STUBBLEFIELD, Defendant and Appellant. Civ. 36691. Decided: April 20, 1971 Norman W. Gordon, Lakeview, for appellant. John D. Maharg, County Counsel, by Kenneth E. Reynolds, Deputy County Counsel, for respondent. On March 4, 1969, the Board of Trustees of the Compton Junior College District (hereinafter referred to as the Board) pursuant to Education Code sections 13403, 13404 and 13408, suspended defendant, a certificated teacher, from his employment with the Compton Junior College District and notified him of the Board's intention to dismiss him after 30 days. The suspension and dismissal were based upon charges of immoral conduct and evident unfitness for service as provided by section 13403 of the Education Code.1 Defendant demanded a hearing as provided for in the statutes. Although not required by the code to do so, the Board held an informal hearing, at which defendant and his counsel were present, and heard evidence concerning the charges. Subsequently, pursuant to section 134122 of the Education Code, the Board filed a complaint in the superior court requesting that the court inquire into the charges made against defendant and determine whether or not those charges were true, and if true, whether or not the charges constituted sufficient grounds for the dismissal of defendant. The court \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:45 v (1971) | FindLaw 1/12 found that the charges against defendant were true and were sufficient basis for the Board's dismissal of defendant. Defendant appeals from the judgment and from the denial of a motion to vacate the judgment under Code of Civil Procedure section 663. In addition, defendant purports to appeal from the trial court's overruling of a demurrer and denial of a new trial, both of which are non-appealable orders. (Code Civ.Proc. s 904.1.) The purported appeals therefrom are dismissed. We note in passing, however, that as to the demurrer, the written charges and the informal hearing conducted by the Board fully apprised defendant of the nature of the charges. Reduced to its simplest terms, defendant's contention on appeal is that the trial court erred as a matter of law in holding that defendant's conduct constituted sufficient grounds for dismissal. Although there was some conflict in the evidence, the conduct in which the trial court found the defendant to have engaged was amply established by competent testimony. That conduct viewed objectively as well as when viewed in the light of logical inferences to be drawn therefrom was unquestionably, as we shall see, well within even the most restricted definition of \u2018immoral conduct\u2019 as that term is used generally or as it is used in Education Code section 13403. The evidence of defendant's conduct which the trial court found to be true, a finding which is not assailed by defendant on appeal, can be briefly summarized as follows. After teaching a class on the night of January 28, 1969, defendant drove a female student, and member of that class, in his car to a location on a side street near Compton College and parked. The location is in an area of industrial construction and was not lighted. At some time after defendant parked, a Los Angeles County Deputy Sheriff spotted defendant's car. The car appeared to the deputy to be abandoned and he went to investigate. When the deputy illuminated defendant's car with his headlights and searchlight, defendant then sat up. When the deputy approached defendant's car, illuminating the interior with his flashlight, he observed that defendant's pants were unzipped and lowered from the waist, exposing his penis. The student was nude from the waist up, and her capri pants were unzipped and open at the waist. The deputy orally identified himself as a police officer. In addition, he was wearing a yellow raincoat with a badge on the chest and a helmet bearing a sheriff's emblem. Defendant recognizing that the deputy was a police officer, threw open the left car door, nearly striking the deputy, and shouted, \u2018Get the hell away from me, you dirty cop.\u2019 As the deputy was standing behind the still open left door, defendant shifted the car into reverse, accelerated rapidly backward, knocking the deputy to the pavement and causing minor injuries to the 2/27/25, 7:45 v (1971) | FindLaw 2/12 deputy and damage to his clothing. Defendant then drove away. The deputy pursued defendant in his patrol car with his red lights flashing, and his siren and searchlight on; during the chase defendant drove at speeds between 80 and 100 miles per hour and refused to yield until the student, by persuasion and by attempting to force the steering wheel to the right, caused defendant to stop. The legislative scheme for discharging permanent employees of a school district essentially gives the governing board in the first instance the power to suspend and discharge or retain such employee against whom charges have been made under the applicable provisions of section 13403 of the Education Code. When the employee demands a hearing, the board can either rescind its action or ask the superior court to conduct such hearing. Thus, in these cases the court conducts what in other areas of the civil service would be an administrative hearing. Whether this rather unique procedure amounts to superior court review of an administrative determination, or an ordinary decision of the superior court, the scope of our review is the same. (See Moran v. Board of Medical Examiners, 32 Cal.2d 301, 196 P.2d 20.) We must determine only whether the findings and conclusions of the trial court, as a matter of law, lack support in the record. \u2018 Although a public employee has no constitutional right to his position, he cannot be barred or removed arbitrarily. (Citations.) Action is arbitrary * * * when the facts do not reasonably justify the conclusion. (Citations.)\u2019 (Hollon v. Pierce, 257 Cal.App.2d 468, 478, 64 Cal.Rptr. 808, 814.) Thus, we turn to the court's conclusion that the defendant's conduct here was sufficient grounds for suspension and dismissal. \u201c* * * he calling (of a teacher) is so intimate, its duties so delicate, the things in which a teacher might prove unworthy or would fail are so numerous that they are incapable of enumeration in any legislative enactment. * * * His habits, his speech, his good name, his cleanliness, the wisdom and propriety of his unofficial utterances, his associations, all are involved. His ability to inspire children and to govern them, his power as a teacher, and the character for which he stands are matters of major concern in a teacher's selection and retention.\u201d (Board of Education v. Weiland, 179 Cal.App.2d 808, 4 Cal.Rptr. 286, citing from Goldsmith v. Board of Education, 66 Cal.App. 157, 168, 225 P. 783.) There are certain professions which impose upon persons attrached to them, responsibilities and limitations on freedom of action which do not exist in regard to other callings. Public officials such as judges, policemen and schoolteachers fall into such a category. As between a teacher and his student, \u2018(a)n important part of the education * * * is the instilling of a proper respect for authority and obedience to necessary discipline. Lessons are learned from example as well as from precept.\u2019 (Johnson v. Taft School Dist., 19 Cal.App.2d 405, 408, 65 P.2d 912.) And as our 2/27/25, 7:45 v (1971) | FindLaw 3/12 Supreme Court said in Board of Education v. Swan, 41 Cal.2d 546, at 552, 261 P.2d 261, at 265 teacher * * * in the public school system is regarded by the public and pupils in the light of an examplar, whose words and actions are likely to be followed by the (students) coming under (his) care and protection.\u2019 It would seem that, as a minimum, responsible conduct upon the part of a teacher, even at the college level, excludes meretricious relationships with his students and physical and verbal assaults on duly constituted authorities in the presence of his students. Defendant quickly calls to our attention the recent pronouncement of our Supreme Court in Morrison v. State Board of Education, 1 Cal.3d 214, at p. 217, 82 Cal.Rptr. 175, at p. 177, 461 P.2d 375, at p. 377. In that case the court held that the revocation of a teaching credential upon grounds of \u2018immoral and unprofessional conduct and acts involving moral turpitude\u2019 could not be supported by evidence limited to a showing that on one occasion three years in the past, while under severe stress, the teacher had engaged in an undescribed but noncriminal private act \u2018of a homosexual nature\u2019 with a consenting adult. The court concluded that, \u2018* * * the State Board of Education can revoke a life diploma or other document of certification and thus prohibit local school officials from hiring a particular teacher only if that individual has in some manner indicated that he is unfit to teach. Thus an individual can be removed from the teaching profession only upon a showing that his retention in the profession poses a significant danger of harm to either students, school employees, or others who might be affected by his actions as a teacher.\u2019 (Morrison, supra, at p. 235, 82 Cal.Rptr. at p. 191, 461 P.2d at p. 391.) Defendant contends that Morrison prohibits his discharge because the evidence adduced against him concerned only his conduct and did not expressly demonstrate how that conduct rendered him unfit to teach. We do not agree with defendant's broad interpretation of that case. Morrison does not appear to substantially alter the fundamental considerations traditionally applied to cases involving the dismissal of a teacher or the revocation of a teacher's credential for \u2018immoral conduct.\u2019 Consistent with previous cases,3 the court in its analysis of the conduct placed paramount importance on the Possible impairment of teaching ability and relationships with students and clearly recognized the power of governmental employers to maintain proper discipline in the particular governmental service. \u2018Morrison thus seems to be a narrow decision, limited to its facts, and one decided primarily upon a disinclination of the majority of the court to permit judicial notice by the administrative agency or the trial court of the possibility that a man who had engaged in the conduct of the petitioner in that case might repeat it so as to render him unfit to teach.\u2019 (Alford v. Department of Education, 13 Cal.App.3d 884, 889, 91 Cal.Rptr. 843, 846.) 2/27/25, 7:45 v (1971) | FindLaw 4/12 Substantial factual distinctions exist between Morrison and the instant case in terms of the lapse of time between the conduct and the discharge, the locales where the conduct occurred and the status of the parties involved. Another substantial difference is that between the Revocation of a teacher's certificate and dismissal from employment in a single shcool district. Thus the court stressed that a teacher \u2018is entitled to a careful and reasoned inquiry into his fitness to teach by the Board of Education Before he is deprived of his right to pursue his profession.\u2019 (Emphasis added.) (Morrison, supra, 1 Cal.3d at pp. 238\u2014239, 82 Cal.Rptr. at p. 194, 461 P.id at p. 394.) In the instant case defendant was charged under section 13403, et seq., of the Education Code. Under this statute defendant cannot be deprived of his right to pursue his profession, indeed, the only sanction to be imposed on defendant under section 13403 is Dismissal from his job in the Compton Junior College District and Not revocation of his teaching credential. However, it seems clear from the language in Morrison that the same test applies to either situation. Thus a nexus between the defendant's conduct and his usefulness to the school district was a necessary condition of his discharge under Education Code section 13403. Such a finding was inherent in the trial court's conclusion that the conduct constituted sufficient grounds for discharge. Returning to Morrison, at page 236, 82 Cal.Rptr. at page 191, 461 P.2d at page 391, we note that the court there was critical of the lack of Psychiatric or other evidence to establish (1) \u2018(t)hat a man of petitioner's background was any more likely than the average adult male to engage in any Untoward conduct with a student\u2019 (emphasis added), or (2) that publicity surrounding his conduct adversely affected his ability to teach. The clear import of that decision, then, is that a teacher may be discharged or have his certificate revoked on evidence that either his conduct indicates a potential for misconduct with a student or that his conduct while not necessarily indicating such a potential, has gained sufficient notoriety so as to impair his on-campus relationships. There is no requirement that both the potential and the notoriety be present in each case. While in this case no evidence was offered which directly dealt with notoriety, the very fact that a police officer, in the course of his official duties, easily discovered defendant and his companion, demonstrates the tenuous security from public attention provided by the front seat of defendant's automobile. Moreover, upon detection, defendant chose to assault the police officer and attempt an escape through dark city streets at high speeds thereby ultimately insuring further public attention. 2/27/25, 7:45 v (1971) | FindLaw 5/12 Finally, \u2018unfitness to teach\u2019 in terms of an indication that defendant was \u2018more likely than the average adult male to engage in any untoward conduct with a student\u2019 can be inferred from the very conduct itself. Defendant's actions in this case speak louder than any words of a psychiatrist. The potential, evidence of which was found lacking in Morrison, was overtly manifested here. The integrity of the educational system under which teachers wield considerable power in the grading of students and the granting or withholding of certificates and diplomas is clearly threatened when teachers become involved in relationships with students such as is indicated by the conduct here. The findings and conclusions of the trial court are amply supported by the record. However, in order to eliminate any uncertainty in the record, we resort to our authority under section 909 of the Code of Civil Procedure and make the specific finding that the conduct of the defendant in this case constitutes immoral conduct which indicates unfitness to teach. We further find that the conduct here indicates evident unfitness for service under the provisions of section 13403 of the Education Code. The judgment is affirmed. The purported appeals from the orders overruling a demurrer and denying a new trial are dismissed 1. Education Code section 13403 reads in pertinent part: \u2018Grounds for dismissal of permanent employee. No permanent employee shall be dismissed except for one or more of the following causes: (a) Immoral or unprofessional conduct * * *. (e) Evident unfitness for service.\u2019 FN2. Education Code section 13412: \u2018Action of governing board after demand for hearing. When any employee who has been served with notice of the governing board's intention to dismiss him demands a hearing, the governing board shall have the option either (a) to rescind its action, or (b) to file a complaint in the superior court of the county in which the school district or the major part thereof is located, setting forth the charges against the employee and asking that the court inquire into the charges and determine whether or not the charges are true, and if true, whether or not they constitute sufficient grounds for the dismissal of the employee, under the provisions of this code, and for judgment pursuant to its findings.\u2019. FN2. Education Code section 13412: \u2018Action of governing board after demand for hearing. When any employee who has been served with notice of the governing board's intention to dismiss him demands a hearing, the governing board shall have the option either (a) to rescind its action, or (b) to file a complaint in the superior court of the county in which the school district or the major part thereof is located, setting forth the charges against the employee and asking that the court inquire into the charges and determine whether or not the charges are true, and if true, whether or not they constitute sufficient grounds for the dismissal of the employee, under the provisions of this code, and for judgment pursuant to its findings.\u2019 2/27/25, 7:45 v (1971) | FindLaw 6/12 3. See for example: Board of Education v. Swan, 41 Cal.2d 546, 261 P.2d 261; Board of Education v. Weiland, 179 Cal.App.2d 808, 4 Cal.Rptr. 286. COMPTON, Associate Justice. ROTH, P.J., and HERNDON, J., concur. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (1971) 2/27/25, 7:45 v (1971) | FindLaw 7/12 Docket No: Civ. 36691. Decided: April 20, 1971 Court: Court of Appeal, Second District, Division 2, California. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:45 v (1971) | FindLaw 8/12 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/27/25, 7:45 v (1971) | FindLaw 9/12 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/27/25, 7:45 v (1971) | FindLaw 10/12 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. 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7,518 | Glenn Parker | Purdue University | [
"7518_101.pdf",
"7518_102.pdf"
] | {"7518_101.pdf": "Purdue pays $200K in sexual harassment settlement Joseph Paul Journal & Courier Published 10:58 a.m May 27, 2016 Updated 3:44 p.m May 28, 2016 Valparaiso woman received a $200,000 settlement from Purdue University on complaints she was sexually harassed by two professors on the West Lafayette campus, according to The Associated Press. The settlement was reached out of court after Mary Christine Alwan filed civil rights complaints with the U.S. Department of Education and the Equal Employment Opportunity Commission, according to a report by AP. The alleged harassment occurred in the 2014-15 school year by professors David Brule and Glenn Parker, said Alwan's attorney, Andrew Spica. One professor reportedly made sexually explicit comments, while another gave the woman \"a fully nude photo of himself,\" according to the report. \"All too often these type of situations are swept under the rug,\" Spica said. \"In this particular case, Ms. Alwan expressed a desire to step forward despite how tramautic this incident has been for her.\" Alwan was a graduate student and teaching assistant at the time. Both professors were allowed to resign, according to the report. Purdue issued a statement Friday regarding the settlement, saying officials could not comment further \"out of respect for the confidentiality of all parties involved.\" \"The professors are no longer university employees,\" according to a statement issued by Purdue spokesperson Brian Zink. \"With respect to the underlying charge, Purdue acted swiftly to address the conduct well before the charge was filed.\" 2/27/25, 7:45 Purdue University pays $200K in sexual harassment settlement 1/1", "7518_102.pdf": "hires Purdue professor accused of giving nude photo to teaching assistant Hilary Butschek [email protected] Published 5:47 p.m June 8, 2016 professor who left Purdue University following an accusation he gave a nude photo of himself to a teaching assistant was hired as an adjunct professor at the University of Georgia in January. Glenn Parker is one of two Purdue professors accused of sexual harassment in a claim leading Purdue to recently pay a $200,000 settlement to an Indiana woman. On Wednesday suspended Parker's position after questions about his past were raised by OnlineAthens.com/Athens Banner-Herald. \"Today the School of Public and International Affairs became aware of recently published information concerning Dr. Glenn Parker's previous employment,\" said Janis Gleason, executive director of marketing and communications for UGA. Parker is an unpaid adjunct research professor associated with SPIA. Gleason wrote in an email that Parker \"was immediately suspended pending the review of this matter, during which time he will not be present on campus nor have any contact with students.\" Parker did not return a call to OnlineAthens.com/Athens Banner-Herald for comment. Christine Alwan, the teaching assistant who accused the professors of sexual harassment, said Parker gave her a fully nude photo of himself. \"Glenn Parker gave me the picture in a classroom full of undergraduate students while was a TA,\" Alwan wrote in an email. She added she and her lawyers still have copies of the photo. 2/27/25, 7:46 hires Purdue professor accused of giving nude photo to teaching assistant 1/2 Alwan said another professor at Purdue, David Brule, made sexually explicit comments to her. Both incidents allegedly happened during the 2014-2015 academic year. She filed complaints with the United States Department of Education and the Equal Employment Opportunity Commission. The case didn't make it to court before Purdue University reached a $200,000 settlement last month with Alwan. Brian Zink, senior director of news and information at Purdue, said in a statement to OnlineAthens.com/Athens Banner-Herald: \"With respect to the underlying charge, Purdue acted swiftly to address the conduct well before the charge was filed. The matter has been resolved, and out of respect for the confidentiality of all parties involved, the university will have no further comment.\" Parker began working in the political science department on Jan. 1, according to a list of faculty appointments published on the provost's website. His hiring was approved in November. Records of courses offered at in the last semester do not list Parker as a professor. At Purdue, Parker was a distinguished professor of political science since 2003 and a professor of economics since 2005. He was also a distinguished research professor at Florida State University from 1992 to 2003, according to a copy of his curriculum vitae published online. Follow reporter Hilary Butschek on Twitter @hilarylbutschek or at 2/27/25, 7:46 hires Purdue professor accused of giving nude photo to teaching assistant 2/2"} |
7,564 | Cal Meyers | Southern Illinois University | [
"7564_101.pdf",
"7564_102.pdf",
"7564_103.pdf",
"7564_104.pdf"
] | {"7564_101.pdf": "University Addressed Harassment Claim / July 12, 2012 (CN) - Southern Illinois University adequately addressed claims by a male student that he was sexually harassed by a former professor and donor, the 7th Circuit ruled. During Samuel Milligan's first semester as a chemistry major in 2007, he took a work-study job in the department's chemical store rooms. He was allegedly first approached by former professor Cal Meyers while on duty. Meyers, who is 79, allegedly commented that Milligan's hair would make him a \"very sexy lady\" and squeezed his buttocks. The incident was the first of several Milligan reported over the next few months, during which Meyers allegedly repeated made sexual comments towards Milligan and touched him inappropriately. Meyers served as Director of the Meyers Institute for Interdisciplinary Research in Organic and Medicinal Chemistry, which he had helped establish in 2000 through a $2.5 million donation. Though he no longer taught at and had no authority over Milligan, he still frequented the building where Milligan worked. Milligan and his mother met with school officials about the incidents and eventually filed a formal complaint. Meanwhile, Milligan was transferred to the second floor stockroom where he would be less likely to encounter Meyers. After meeting with the Milligans, Vice Chancellor for Research and Graduate Dean John Koropchak informed Meyers of the complaint. An investigation uncovered that another Chemistry Department student employee had reported sexual harassment by Meyers previously but never filed a formal complaint. Meyers had also been reprimanded in 1995 for telling offensive jokes that may have been sexual in nature. Concluding that Meyers had violated the university's sexual harassment policy, Koropchak issued a letter of reprimand directing Meyers to cease all contact with student workers and attend sexual harassment training. When Meyers failed to attend the training, he was banned from campus pending a new investigation and warned that he could be subject to arrest for trespassing. Despite the ban, Milligan claimed to have seen Meyers on campus over twenty times. He was escorted off campus by safety personnel multiple times but was never arrested. Milligan later changed his major to creative writing, partially to avoid contact with Meyers. He was later terminated from his position in the chemical stock rooms because performance issues. By this time Milligan had been working only one day per week and had missed work on multiple occasions. Try Litigation Reports or Log in Thursday, February 27, 2025 | Back issues Log in to CasePortal Thursday, February 27, 2025 Free Litigation Reports Find Judicial Opinions 2/27/25, 7:46 University Addressed Harassment Claim | Courthouse News Service 1/3 Milligan later was hired by the Graduate School's Admissions Office and University Ticket Office. The incidents gave rise to two lawsuits in federal court. Meyers sued in 2008, alleging that the university had violated federal and state law through its sexual harassment investigation and expulsion from campus. The case was dismissed and an appeal is currently pending. Milligan also sued the university, alleging that subjected him to a hostile work and education environment. He also claimed that the university retaliated by terminating him from the stockroom job. U.S. District Judge J. Phil Gilbert dismissed Milligan's claims. Because Meyers was not Milligan's supervisor, Gilbert noted could only be held liable if it acted negligently either in discovering or remedying the harassment. That was not the case here, he determined. The 7th Circuit, voting 2-1, affirmed. \"Given the facts and circumstances before it, SIU's response was appropriately prompt and entirely reasonable,\" U.S. District Judge Gary Feinerman, sitting in by designation, wrote for the majority. \"SIU's overall response-the investigation, the prohibition on contact with students, the imposition of the training requirement, and, ultimately, the ban from campus-comprised a reasonable response to the events as they unfolded. ... No reasonable jury could find that SIU's failure to immediately learn of Meyers' noncompliance with the training requirement rendered its response patently ineffective or a sham.\" Judge Kenneth Ripple penned a nine-page dissent, concluding that the case should proceed to trial because it presents many close questions of fact assessment. Preventing sexual harassment is especially important in the university context, Ripple wrote. \"An institution of higher learning assumes special responsibilities for all students, but especially undergraduate students, who undertake such a formative educational experience within its walls breach of that trust, even in a work environment, can have dire consequences to a neophyte in the halls of higher education. If sexual harassment occurs, and especially if the perpetrator is a faculty member, the University has a responsibility to implement a remedy that restores the victim's ability to work comfortably and effectively as a student worker.\" But Ripple's approach \"would threaten to carve a higher standard of protection for student workers than other plaintiffs,\" Feinerman wrote in the majority opinion, in response to Ripple's dissent. \"Many if not most harassment cases involve allegations that someone in a position of power harassed someone else for whom job retention is an important if not paramount consideration. The ordinary standards governing sexual harassment claims take account of this dynamic, and thus need no modification when the plaintiff is a student worker.\" Ripple fired back, \"It is a significant mischaracterization of my position to suggest that propose some sort of heightened standard of protection for student workers simply suggest that Mr. Milligan's student-worker status 2/27/25, 7:46 University Addressed Harassment Claim | Courthouse News Service 2/3 \u00a9 2025, Courthouse News Service Terms of Use \u2022 Privacy Policy \u2022 Do Not Sell or Share My Personal Information About Us / Masthead / Advertise / Customer Support / Careers Connect with us on our social channels: \uf2d4 \uecba \uf3e7 must be included among the totality of the circumstances a jury would consider in the present case.\" Categories Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world. Subscribe Additional Reads Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Contributor-Test-Post- 2025-02-27 February 27, 2025 Subscribe to Closing Arguments [email protected] 2/27/25, 7:46 University Addressed Harassment Claim | Courthouse News Service 3/3", "7564_102.pdf": "297069fc03c6.html Professor emeritus files suit against Scott Fitzgerald, The Southern Aug 7, 2008 retired Southern Illinois University Carbondale chemistry professor who made a $2.5 million research donation to his school is suing after getting kicked off campus after allegations of sexual harassment. Cal Y. Meyers is asking for a judgment from the U.S. District Court for the Southern District of Illinois that he be allowed to set foot on campus again and resume his duties as director of the Meyers Institute in Interdisciplinary Research in Organic and Medicinal Chemistry. The professor, who, according to the lawsuit, retired from with the title of distinguished professor emeritus, made his financial donation to in February 2000 to establish the institute. Privacy - Terms 2/27/25, 7:46 Professor emeritus files suit against | Latest Headlines | thesouthern.com 1/3 The federal suit was filed Tuesday at the federal court in East St. Louis and vice chancellor of research John Koropchak were named as defendants. Attorney Rebecca Whittington of Carbondale is representing Meyers. Read the court documents here Koropchak did not return a telephone call Wednesday. SIU's general counsel Jerry Blakemore said he had not been served with the federal papers Wednesday and declined comment. Meyers was named the institute's initial director until his retirement or death, according to a memorandum of agreement from the Southern Illinois University Foundation included in the court filings. Meyers was ordered to cease contact with student workers in the chemistry department and complete a sexual harassment training course, according to papers filed with his lawsuit. In a Jan. 31 memo, former chancellor Fernando Trevi\u00f1o ordered Meyers to leave campus and not return until authorized. Meyers contends in his petition that he was denied due process of law and that his civil rights were interfered with when he was denied access to his role as institute director. He says he was not provided a chance to be heard prior to being banned from campus. \"He (Meyers) was not given specific examples of why he was kicked off campus,\" Whittington said. In a letter dated April 28, Blakemore lists eight specific examples of alleged inappropriate racial comments and violations related to harassment, inappropriate physical contact and smoking within buildings. The information was gathered in an investigation into allegations, Blakemore wrote. 2/27/25, 7:46 Professor emeritus files suit against | Latest Headlines | thesouthern.com 2/3 Whittington on Wednesday said some of the specific examples were misconstrued, misinterpreted or not true. Other counts of Meyers' lawsuit contend Koropchak defamed Meyers when Koropchak said Meyers violated SIUC's harassment policy and inflicted emotional distress on the plaintiff when Koropchak \"openly disagreed with plaintiff's stance as a conscientious objector.\" [email protected] 351-5076 Similar situations? The federal complaint filed against Southern Illinois University Carbondale by Cal Y. Meyers seems to hit chords similar to that of a dispute between the school and John Y. Simon, a noted scholar on Ulysses S. Grant. Shortly after his death in July, The New York Times reported Simon had disputed accusations that he had verbally harassed three young women employed by the Ulysses S. Association and the university's library, where the association is housed. Simon was the association's executive director. The Times reported the association was preparing to sever its ties with and seek a new partner, but a reconciliation was being negotiated, according to the association's president, Chief Justice Frank J. Williams of the Rhode Island Supreme Court. 2/27/25, 7:46 Professor emeritus files suit against | Latest Headlines | thesouthern.com 3/3", "7564_103.pdf": "Former professor at Illinois university accused of sexual harassment by admin | Aug 6, 2012 | Employee Rights | 0 comments After Southern Illinois University student Samuel Milligan accused a former professor Cal Meyers of sexual harassment, he filed a lawsuit against the school in 2008 claiming that the school created an uncomfortable and hostile learning and working environment. According to reports, Milligan entered as a freshman in 2007 and was given a work-study job in the stockroom of the chemistry building. He alleged that Meyers, who was 79 years old at the time, first acted inappropriately after he approached the former student while he was working and said that his hair would make him a \"very sexy lady.\" He then purportedly squeezed Milligan's buttocks. tel: (816) 994-3240 fax: (816) 444-8508 \uf082\uf08c Select Page a Online Agent 2/27/25, 7:46 Former professor at Illinois university accused of sexual harassment | Meyers Law Firm 1/5 After a couple of incidents of a similar nature, Milligan and his mother arranged a meeting with university administrators and later filed a formal complaint. The school transferred him to another floor so he would be less likely to run into Meyers while at work. Reports indicated that Southern Illinois University launched an investigation into anyone else who had sexually harassed by the Meyers. One student came forward but said a complaint was never filed. Meyers was censured in 1995 for telling inappropriate jokes. University officials ordered that he undergo sexual harassment training, but he reportedly never attended. As a result, administrators prohibited Meyers from coming onto campus. The defendant allegedly didn't listen and was spotted and escorted off campus on 20 separate occasions. As a result of the harassment the former university student experienced, Milligan's work in the stockroom reportedly suffered and he was fired. The lawsuit alleged that Milligan was dismissed from his work for filing the sexual harassment suit in 2008. The court however, disagreed and an appeal that was filed by the plaintiff is still pending. Sexual harassment in school or in the workplace is never acceptable. If you have been a victim of such inappropriate behavior and live in Missouri, you may benefit from a consultation with a lawyer in Kansas City. These experienced and locally based professionals can assess your claim and help you recover damages that you may be entitled to. 2/27/25, 7:46 Former professor at Illinois university accused of sexual harassment | Meyers Law Firm 2/5 Recent Posts Is Filing a Sexual Harassment Claim Worth the Risk? Establishing Sexual Harassment Prevention Policies in the Workplace The Process of Filing a Sexual Harassment Lawsuit How to Hire a Lawyer on Contingency Is drug testing a form of discrimination? Categories Contingency Discrimination Discrimination In The Workplace Employee Rights Job Survival Personal Injury Law Sexual Harassment Uncategorized Wrongful Termination Search 2/27/25, 7:46 Former professor at Illinois university accused of sexual harassment | Meyers Law Firm 3/5 4435 Main Street Suite 503 Kansas City 64111 Tel: (816) 994-3240 Fax: (816) 444-8508 Discrimination Employee Rights Sexual Harassment Personal Injury and Wrongful Death \u00a9 2025 2/27/25, 7:46 Former professor at Illinois university accused of sexual harassment | Meyers Law Firm 4/5 2/27/25, 7:46 Former professor at Illinois university accused of sexual harassment | Meyers Law Firm 5/5", "7564_104.pdf": "From Casetext: Smarter Legal Research Meyers v. Southern Illinois University-Carbondale United States District Court, S.D. Illinois Jul 10, 2009 Case No. 08-CV-0556 (S.D. Ill. Jul. 10, 2009) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Case No. 08-CV-0556-MJR. July 10, 2009 REAGAN, District Judge A. Introduction and Background Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 1/11 On August 5, 2008, Plaintiff Cal Meyers commenced this action by filing a ten-count complaint against Defendants Southern Illinois University- Carbondale (hereinafter \"SIUC\") and Dr. John Koropchak, SIUC's Vice Chancellor of Research and Graduate Dean, in his individual capacity (Doc. 2). Meyers's complaint alleges violations of his constitutional right to due process, breach of contract, and various tort claims against both and Koropchak. The factual background, as provided by Meyers's complaint, is as follows. On February 15, 2000, Meyers donated $2.5 million to for the purpose of establishing The Meyers Institute in Interdisciplinary Research in Organic and Medicinal Chemistry (hereinafter \"the Institute\"). In exchange agreed by written contract that Meyers would serve as Director of the Institute until his retirement or death (Doc. 2, Exh. A). But on November 8, 2007, Meyers received written notice from Koropchak that a sexual harassment complaint had been filed *2 against Meyers (Doc. 2, Exh. B). On January 31, 2008, Meyers was informed by Dr. Fernando Trevino that additional complaints had been received, and that Meyers was barred from grounds until the investigation could conclude (Doc. 2, Exh. C). Yet another letter regarding the allegations was received on April 28, 2008 (Doc. 2, Exh. D). However, none of the memoranda identified Meyers's accusers or the particular dates of the alleged infractions. It further appears that no hearing was ever held. 2 Ultimately, Meyers filed the above-captioned against alleging that violated 42 U.S.C. \u00a7 1983 by depriving him of due process as required by the Fourteenth Amendment (Count I) and the Illinois Constitution (Count II). Meyers also seeks a declaratory judgment against (Count III), alleges that conspired to violate his due process rights under 42 U.S.C. \u00a7 1985 (Count IV), alleges that breached its contracts with him (Counts VI), and raises claims of unjust enrichment and promissory estoppel (Counts IX). Additionally, Meyers brings a \u00a7 1985 action against Koropchak in his individual capacity (Count IV), along with state law claims of defamation (Count VII) and intentional infliction of emotional distress (Count X). Meyers seeks declaratory and injunctive relief, amounting to reinstatement, for the alleged conduct in all counts and money damages for the breach of contract and tort claims (Counts V-X). 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 2/11 Meyers alleges that jurisdiction over Counts and is proper in this federal district court under 28 U.S.C. \u00a7 1331, and that the Court has supplemental jurisdiction over the remaining state law claims pursuant to 28 U.S.C. \u00a7 1367. Defendants challenge these jurisdictional allegations and, on September 25, 2008, filed a motion to dismiss Counts and pursuant to 12(b)(1). Specifically, Defendants argue that the Illinois Court of Claims has exclusive jurisdiction over Meyers's claims (Doc. 8). This is a sovereign immunity defense, however, and while sovereign immunity may require dismissal of a plaintiff's claims, it *3 \"does not diminish a court's subject matter jurisdiction.\" Blagojevich v. Gates , 519 F.3d 370, 371 (7th Cir. 2008). Accordingly, the Court construes the Defendants' filing as a Rule 12(b)(6) motion. 3 1 1 The Defendants' confusion on this point is not surprising, as courts often conflate the concepts of sovereign immunity with subject matter jurisdiction. Having fully reviewed the parties' filings, the Court hereby the Defendants' motion to dismiss. B. Analysis Dismissal is warranted under Rule 12(b)(6) if the complaint fails \"to state a claim upon which relief can be granted.\" In making this assessment, the District Court accepts as true all well-pled factual allegations and draws all reasonable inferences in plaintiff's favor. Tricontinental Industries, Inc., Ltd. v. PriceWaterhouseCoopers , 475 F.3d 824, 833 (7th Cir.), cert. denied , 128 S. Ct. 357 (2007); Marshall v. Knight , 445 F.3d 965, 969 (7th Cir. 2006); Corcoran v. Chicago Park District, 875 F.2d 609, 611 (7th Cir. 1989). Defendants' argument for dismissal of Counts II, V, VI, VII, VIII, IX, and hinges on whether and Koropchak are entitled to sovereign immunity. If so, they cannot be sued in federal court with respect to the particular claims presented. The Eleventh Amendment recognizes that each state is a sovereign entity, and \"it is inherent in the nature of sovereignty not to be amenable to the suit of an individual without consent.\" Hans v. Louisiana , 134 U.S. 1, 13 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 3/11 (1890). By its express terms, the Eleventh Amendment bars federal courts from hearing suits against a state brought by citizens of any other state. U.S. CONST. AMEND. XI. However, the United States Supreme Court has consistently held that unconsenting *4 states are immune from suits brought in federal court by their own citizens, as well as those brought by citizens of other states. See Ameritech Corp. v. McCann , 297 F.3d 583, 585 (7th Cir. 2002) (citing Edelman v. Jordan , 415 U.S. 651, 662-63 (1974)). 2 4 2 The Eleventh Amendment states: \"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.\" Nonetheless, there are narrow circumstances in which a suit can proceed against a state, its agencies, or officials. For instance, a state can waive the protections of the Eleventh Amendment and consent to be sued in federal court. Ameritech Corp. , 297 F.3d at 585. Additionally, Congress can use its enforcement powers under the Fourteenth Amendment to abrogate a state's Eleventh Amendment immunity. Id. Furthermore, a suit for prospective injunctive relief (though not money damages) may proceed against state officials in limited circumstances, as outlined in Ex Parte Young , 209 U.S. 124 (1908). See Ameritech , 297 F.3d at 585. Finally, a suit for money damages may proceed against a state official sued in his individual capacity (as opposed to his official capacity) for wrongful conduct attributable to the official himself, \"so long as the relief is sought, not from the state treasury but from the officer personally.\" Alden v. Maine , 527 U.S. 706, 757 (1999). The Court now proceeds by analyzing the sovereign immunity question with respect to Meyers's claims as to each individual defendant. 1. Meyers's State Law Claims Against (Counts II, V, VI, VIII, IX) First, the Court assesses whether Counts II, V, VI, VIII, and must be dismissed as to under the doctrine of sovereign immunity. As an initial matter, it should be noted that *5 Meyers never disputes that is an arm of the state. Indeed, the caselaw clearly establishes this fact. Cannon 3 5 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 4/11 745 5/1. There is no indication that any of the Acts mentioned in this statute are relevant to the current action, other than the Court of Claims Act. *6 v. Univ. of Health Scis./The Chicago Med. Sch. , 710 F.2d 351, 356-57 (7th Cir. 1983) (finding that Southern Illinois University is a state agency entitled to sovereign immunity); Peters v. Bd. of Trs. of So. Ill. Univ. , 816 N.E.2d 1, 3 (Ill.App.Ct. 2004) (finding that the Board \"is an arm of the State for purposes of sovereign immunity\"). See Kashani v. Purdue University , 813 F.2d 843, 845 (7th Cir. 1987) (\"The vast majority of cases considering the issue [of sovereign immunity as to state universities] have found state universities to be forfended by the Eleventh Amendment. . . . [I]t would be an unusual state university that would not receive immunity.\"). As a result is entitled to the protections of sovereign immunity unless an exception exists. 3 It is not clear why does not contest the viability of Meyers's claims under \u00a7 1983 and \u00a7 1985 (Counts IV), as such claims can only be raised against \"persons.\" Moreover, there is substantial caselaw indicating that these statutes do not operate as waivers of a State's sovereign immunity. See Holton v. Ind. Horse Racing Comm'n , 398 F.3d 928, 929 (7th Cir. 2005); Konar v. Illinois , 2009 1344806, *1 (7th Cir. May 14, 2009). Nor is it clear why the sovereign immunity argument is not presented as to Count III, which is premised on SIUC's and Koropchak's violations of the Federal and Illinois Constitutions. In any case, Defendants opted not to present any such argument, and thus, the Court does not reach these questions. Furthermore, the Court states no opinion as to whether the Defendants' failure to raise these arguments in the instant motion constitutes a waiver. The Illinois Constitution abolished sovereign immunity \"[e]xcept as the General Assembly may provide by law.\" ILL. CONST. 1970, art \u00a7 4. But the State Lawsuit Immunity Act provides: Except as provided in the Illinois Public Labor Relations Act, the Court of Claims Act, the State Officials and Employees Ethics Act, Section 1.5 of this Act, and, except as provided in and to the extent provided in the Clean Coal FutureGen for Illinois Act, the State of Illinois shall not be made a defendant or party in any court. 4 6 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 5/11 4 Indeed, Meyers makes no allegation that any other Act includes a waiver of SIUC's sovereign immunity with respect to the claims involved in this action. To the extent that any other Illinois statute may be pertinent to the Court's analysis here, it should be noted that Meyers's failure to point to an explicit waiver of SIUC's sovereign immunity leaves him far short of meeting his burden on the issue. The Court of Claims Act provides that Illinois's Court of Claims \"shall have exclusive jurisdiction to hear and determine the following matters: (a) All claims against the State founded upon any law of the State of Illinois, . . . [and] (b) All claims against the State founded upon any contract entered into with the State of Illinois.\" 705 505/8. Obviously, Meyers's claims against in Counts II, V, VI, VIII, and fall under this rubric. Count challenges SIUC's conduct under certain provisions of the Illinois Constitution, and Counts V, VI, VIII, and are all contract claims. As a result, the State of Illinois has waived its sovereign immunity with respect to such claims only to the extent that it consents to be sued in a particular forum: the Illinois Court of Claims. Consequently, this federal District Court is precluded from hearing Meyers's claims against in Counts II, V, VI, VIII, and IX. Meyers's only argument against dismissal is that 28 U.S.C. \u00a7 1367 grants this Court supplemental jurisdiction over his state law claims because they share a common nucleus of operative fact with his federal claims. While that might be true in a case against a private party, Meyers's argument displays a misunderstanding of the effect that sovereign immunity has on this Court's jurisdiction, for the two are distinct concepts. The Supreme Court has explained that the Supplement Jurisdiction Act does not abrogate the sovereign immunity enjoyed by nonconsenting states. Raygor v. Regents of Univ. of Minnesota , 534 U.S. 533, 541-42 (2002). The Eleventh Amendment removes this Court's authority to hear claims against a nonconsenting state, even though such claims would normally be within the court's jurisdiction. Given the limited nature of Illinois's waiver of sovereign immunity, Counts II, V, VI, VIII, and may only be brought in the Illinois Court of Claims and must be entirely dismissed. *7 7 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 6/11 2. Meyers's State Law Claims Against Koropchak (Counts X) The Court now moves to the question of whether Koropchak, who has been sued in his individual capacity only, is entitled to the protections of sovereign immunity. The first question, then, is whether Meyers's claims against Koropchak are essentially against the State itself. Determining whether an action against an individual is a suit against the State requires the Court to analyze the issues involved in the case and the requested relief, rather than the mere formal designation of the parties. See Fritz v. Johnston , 807 N.E.2d 461, 466 (Ill. 2004) (\"An action brought nominally against a State employee in his individual capacity will be found to be a claim against the State where a judgment for the plaintiff could operate to control the actions of the State or subject it to liability.\"). The Seventh Circuit has recently explained that \"[w]here an alleged act of misconduct `arose out of the State employee's breach of a duty that is imposed on him solely by virtue of his State employment, sovereign immunity will bar maintenance of the action' in any court other than the Illinois Court of Claims.\" Turpin v. Koropchak , 567 F.3d 880, 882 (7th Cir. 2009) (quoting Turner v. Miller , 301 F.3d 599, 602 (7th Cir. 2002) (emphasis in original)). In analyzing whether the claims involved are really attributable to the State rather than State employees in their individual capacities, the Seventh Circuit has considered whether the defendant \"`acted beyond the scope of his authority through the wrongful acts,' and whether `the complained-of actions involve matters ordinarily within that employee's normal and official functions of the State.'\" Id. (quoting Healy v. Vaupel , 549 N.E.2d 1240, 1247 (Ill. 1990)). Here, the tortious conduct alleged against Koropchak is that he defamed Meyers by stating that Meyers violated SIUC's sexual harassment policy, that Koropchak did so with malice, and that he intentionally inflicted emotional distress by doing so. Meyers also claims that *8 Koropchak tormented him insofar as he refused to provide specific information about the allegations, thereby causing emotional distress. The problem is that all 8 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 7/11 of the information in the complaint, along with the various letters incorporated therein, indicate that these statements were made in Koropchak's capacity as Vice-Chancellor of Research and Graduate Dean. Obviously, Koropchak's duty to commence an investigation of any such complaint against a professor and then take action accordingly, including communicating the information to other school officials, stems solely from his employment. There is no indication that Koropchak's statements regarding the allegations against Meyers were communicated in any manner outside Koropchak's duties as a university administrator. Indeed, Koropchak only had the opportunity to assess the sexual harassment complaint because of his employment with the university. As the Seventh Circuit has noted, \"[t]he fact that we can find a broader parallel duty held be all citizens \u2014 to refrain from [tortious conduct] \u2014 doesn't change a thing. If courts were to ignore the specific duty in favor of its more general cousin, the Court of Claims would be a quiet place indeed.\" Turpin , 567 F.3d at 883. Thus, the fact that Koropchak has a general \"duty not to defame\" and a \"duty not to inflict emotional distress,\" as Meyers argues, does not alter the analysis. The Court must look at the context and nature of his conduct, and when doing so, it is clear that the alleged conduct was undertaken in the scope of his employment. As a result, Meyers's claims against Koropchak are actually against the State. Having determined that Koropchak is entitled to sovereign immunity with respect to the claims, the Court must determine whether an exception exists. Again, the Defendants point to the Court of Claims Act, which provides, in part, that Illinois's Court of Claims \"shall have exclusive jurisdiction to hear and determine . . . all claims against the State for damages in cases surrounding in tort, if a like cause of action would lie against a private person or corporation in a *9 civil suit.\" 705 505/8(d). Obviously, this is the case here, and so Meyers's tort claims against Koropchak cannot proceed in this Court unless a separate exception applies. 9 In fact, the doctrine provided in Ex parte Young , 209 U.S. 123 (1908), does provide a narrow exception with respect to the injunctive relief that Meyers requests. As the Seventh Circuit noted in Kashani , \"a suit for prospective injunctive relief is not deemed a suit against the State and thus is not barred 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 8/11 by the Eleventh Amendment.\" 813 F.2d at 848. The Court went on to explain that a request for reinstatement constitutes prospective injunctive relief under the progeny of Ex parte Young. Id. Accordingly, Meyers's defamation and intentional infliction of emotional distress claims can proceed against Koropchak, but only to the extent that Meyers seeks reinstatement as Director of the Institute. The Court notes, however, that Meyers still must show that reinstatement is actually an available remedy as to these tort claims. It is not clear that the particular injunctive relief sought can be awarded if Meyers succeeds on his defamation and emotional distress claims. However, this question is not currently before the Court and must be left for another day. As a result, the Court finds that Koropchak is entitled to sovereign immunity with respect to Meyers's tort claims for damages. Those claims may only be heard in the Illinois Court of Claims. The defamation and emotional distress claims may proceed in this District Court, but only to the extent that Meyers seeks prospective injunctive relief. As a final matter, the Court notes that Meyers makes much of the policy underlying supplemental jurisdiction. Specifically, he argues that all of his claims should proceed in a single action to save the parties' expenses and to promote the efficient use of court resources. The Court agrees that these are important policy considerations. Unfortunately, they do not weigh in the analysis because the Eleventh Amendment prevents this District Court from proceeding on the *10 dismissed claims. Thus, if Meyers wishes to pursue his claims in a single action, it must be in the Court of Claims rather than this District Court. 10 C. Conclusion For all of the reasons explained above, the Court hereby the Defendants' motion to dismiss (Doc. 8). The motion is to the extent that Counts II, V, VI, VIII, and are entirely and Counts and are insofar as they seek damages against Koropchak. The motion is to the extent that Counts and remain pending insofar as they seek prospective injunctive 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 9/11 relief. Counts I, III, and remain pending and are not affected by the rulings in this Order. Additionally, the Court Meyers to file a first amended complaint so as to remove the dismissed claims no later than July 20, 2009. When doing so, Meyers shall re-label all Counts with arabic numbers rather than roman numerals ORDERED. *1 1 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 10/11 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:46 Meyers v. Southern Illinois University-Carbondale, Case No. 08-CV-0556 | Casetext Search + Citator 11/11"} |
8,323 | Patrick Crosby | St. Bonaventure University | [
"8323_101.pdf",
"8323_102.pdf"
] | {"8323_101.pdf": "senior adviser resigns after relationship with student St. Bonaventure says didn't warn about adviser who had sex in his office When a student began an affair with a senior staffer in August 2016, she thought it would just be a fun story to tell at her bachelorette party one day. But she became pregnant, the consensual relationship ended in June and she reported it to the university in August. She and the staffer \u2013 Patrick Crosby, a senior adviser in the Educational Opportunity Program \u2013 had sex in his office on multiple occasions, and he sent her sexually suggestive photos and videos taken in his office during work time, she told officials was in his office all the time and nobody said anything to me,\u201d said the student, who wishes to remain anonymous could have come in a clown suit and an AK-47, and no one would have noticed was very clearly not a freshman was very clearly not a part of removed Crosby from his job as counselor and put him on \u201cspecial assignment,\u201d which allowed him to work from home until last month. He resigned April 21. Then, St. Bonaventure University hired Crosby as an academic adviser in its higher educational opportunity program told the school he had been laid off for \u201cbudgetary reasons\u201d and did not disclose the situation with the student, according to Tom Missel, interim vice president of university relations at St. Bonaventure spokesperson John Della Contrada could not say what told St. Bonaventure. UB\u2019s policy is to confirm a former worker\u2019s dates of employment when called by potential employers, according to Della Contrada. Faculty and staff are allowed to have relationships with students as long as there is no conflict of interest, according to UB\u2019s nepotism policy. The university also prohibits \u201cunwelcome\u201d sexual conduct. By May 10, 2018 | 7:01am 2/27/25, 7:47 senior adviser resigns after relationship with student - The Spectrum 1/4 Della Contrada declined to comment on Crosby\u2019s case but provided a statement to The Spectrum that read, in part, \u201cAs a matter of practice, the university does not comment on individual personnel issues. Unwelcome sexual or romantic propositions and other forms of unwelcome sexual conduct are prohibited under university policies prohibiting sexual harassment.\u201d Tracy Johnson, assistant vice provost of educational affairs, also declined to comment. Crosby, who had been at since July of 2016, declined to comment on the pictures he sent from his office. He said wholeheartedly regret and am saddened by the difficulties and pain that I\u2019ve caused my loved ones and those who support me.\u201d \u201cThough my actions were unfavorable, she was a consenting adult and violated no policy in my relationship with this student since there was no power dynamic; she was not a student of mine while at the university,\u201d Crosby said in the statement. \u201cOur relationship was very separate from any and all professional role[s held at the university.\u201d Crosby used two apps, Kik and Telegram, to communicate with the student, she said. She would go to his office a few times a week for lunch and more than once to have sex would just walk in and open his door,\u201d she said. When she came to UB, Crosby was the only familiar person to her, she said. The student met Crosby at Buffalo State College where he was her counselor for COMPASS, a college mentoring opportunity program. When the student reported the situation and provided the videos and photos to Title Coordinator Sharon Nolan-Weiss in August, the university made sure she and Crosby had no further contact, the student said. The university, according to emails the student supplied to The Spectrum, told Crosby in September he wasn\u2019t allowed to be in contact with students after September while he worked from home. UB\u2019s nepotism policy was last revised in 2015. Nolan-Weiss declined to talk to The Spectrum for this story. UB\u2019s policy focuses on the type of relationships between employees and students and if they involve conflicts of interest or unequal power relationships. If neither exists, the relationship is allowed, and faculty and staff, including advisers, do not have to report a consensual relationship. Officials said a conflict would involve coercion or a professor, adviser or staff member having a supervisory or evaluative role 2/27/25, 7:47 senior adviser resigns after relationship with student - The Spectrum 2/4 over a student. The university does not keep track of the number of relationship cases between staff and students unless someone reports a conflict, officials said. In the past 10 years, universities nationwide have reevaluated and updated policies governing relationships between faculty, staff and undergraduate students. Harvard, Stanford, Yale, the University of Connecticut, and the College of William and Mary all prohibit sexual or romantic relationships between staff, faculty and students. In March, the University of Pennsylvania updated its policy to prohibit all sexual relations between faculty, staff, advisers and undergraduate students. The hashtag #MeToo movement in the past year has also sparked new conversations about sexual dynamics and relationships in the workplace, including at universities. Stanford\u2019s policy says relationships have the potential to involve bias, favoritism and exploitation, and may have adverse effects on the school\u2019s work environment during the relationship or post-breakup. It also says the relationships could \u201cerode trust\u201d in mentee-mentor relationships. The College of William and Mary\u2019s policy says the prohibition is to protect students and the \u201cintegrity of the university is hesitant about revising its policy to prohibit all relationships between staff and students, but it\u2019s something officials say is being discussed. The student said she was surprised that UB\u2019s policy allowed her relationship, but she said sneaking around wasn\u2019t hard. \u201cThis is an example of a completely inappropriate relationship that should have never happened,\u201d the student said. \u201cAnd this is pretty bad, but our school is practically a mini-city and there\u2019s definitely girls who\u2019ve experienced more and greater terrible things that happen. They need to say something and not be embarrassed [to come forward].\u201d St. Bonaventure University hired Crosby as an academic counselor in the Higher Educational Opportunity Program on April 23 and suspended him on April 30, after learning of his relationship with the student, according to Missel. Missel said told St. Bonaventure upon Crosby\u2019s hiring that Crosby was \u201claid off due to budgetary purposes.\u201d St. Bonaventure is \u201cinvestigating\u201d Crosby\u2019s case, Missel said. Correction: The original article stated the relationship began in June. Hannah Stein is the editor-in-chief and can be reached at [email protected] and @HannahJStein. 2/27/25, 7:47 senior adviser resigns after relationship with student - The Spectrum 3/4 Powered by Solutions by The State News All Content \u00a9 2025 The Spectrum 2/27/25, 7:47 senior adviser resigns after relationship with student - The Spectrum 4/4", "8323_102.pdf": "job/article_911f851c-55a0-11e8-885e-ffaf5697edea.html St. Bonaventure suspends adviser for student relationship at last job University says it was unaware of conduct before hiring By DINKI, Olean Times Herald May 12, 2018 Newly appointed academic adviser Patrick Crosby has been suspended from St. Bonaventure University after officials discovered that while at his former post at the University at Buffalo, Crosby had a sexual relationship with a student \u2014 St. Bonaventure University has suspended a newly hired academic adviser after it came to light he had a relationship with a female student at his last job. Patrick Crosby was suspended April 30 following his disclosure of a prior relationship between himself and a University at Buffalo student during his time as a adviser, according to Tom Missel, St. Bonaventure interim vice president for university relations. Crosby, who had only been working at St. Bonaventure for a week at the time, will remain suspended pending an investigation by university officials. 2/27/25, 7:47 St. Bonaventure suspends adviser for student relationship at last job | News | oleantimesherald.com 1/3 \u201cWe have no reason to believe he engaged in any inappropriate conduct during his week working at St. Bonaventure,\u201d Missel said Friday. UB\u2019s independent student newspaper, The Spectrum, first reported Crosby\u2019s relationship and other alleged workplace conduct on Thursday. The unnamed student told the paper she and Crosby had consensual sex in his office on multiple occasions and Crosby sent her sexually suggestive photos and videos taken inside his office while he was working during the 2016-17 school year message to Crosby seeking comment via social media Friday was not returned. In a statement to The Spectrum, Crosby confirmed the relationship but added the student was a consenting adult and there was \u201cno power dynamic\u201d because she was not his student. He declined comment on the alleged photos wholeheartedly regret and am saddened by the difficulties and pain that I\u2019ve caused my loved ones and those who support me,\u201d Crosby said to The Spectrum. Crosby served as a senior adviser in UB\u2019s Educational Opportunity Program and was hired as an academic adviser in St. Bonaventure\u2019s Higher Education Opportunity Program. Both and are New York state-funded initiatives that provide services to economically disadvantaged students. The student, who was not an student, reported the relationship to officials in August. Crosby was then placed on special assignment to work from home and away from students in September. He resigned from April 21 and two days later started at St. Bonaventure. Missel said St. Bonaventure officials were unaware of Crosby\u2019s involvement with the student when hiring him in mid-April, and Crosby only disclosed the relationship to them after starting work and learning The Spectrum was going to publish a story. Missel said St. Bonaventure officials conducted a reference check on Crosby before hiring him, but Crosby\u2019s immediate supervisor at did not disclose the relationship and told them Crosby was laid off for \u201cbudgetary reasons spokesperson John DellaContrada said Friday that UB\u2019s policy is to confirm only dates of employment when a reference check is requested. When asked if a official told St. Bonaventure that Crosby was laid off for budgetary reasons, DellaContrada said he had been unable to confirm 2/27/25, 7:47 St. Bonaventure suspends adviser for student relationship at last job | News | oleantimesherald.com 2/3 that even received an inquiry about Crosby. He added does not comment on individual personnel issues. Although Crosby\u2019s relationship and alleged workplace conduct occurred at another university, Missel noted St. Bonaventure\u2019s employee code of conduct states employees can be subjected to warnings, suspensions without pay or immediate discharges for immoral, indecent or criminal behavior \u2014 on or off the job. He added St. Bonaventure would not have hired Crosby had it been aware of his full history during the hiring process. According to St. Bonaventure\u2019s policy on consensual relationships, sexual relationships between faculty/staff and students are prohibited even when both parties have consented, as \u201cthey can raise serious concerns about the validity of the consent, conflicts of interests, and/or unfair treatment of others.\u201d Sexual relationships between employees and their supervisors are also prohibited \u201cwhen a direct evaluative relationship exists.\u201d Missel said there is currently no timetable for the completion of St. Bonaventure\u2019s investigation into Crosby. (Contact reporter Tom Dinki at [email protected]. Follow him on Twitter, @tomdinki) 2/27/25, 7:47 St. Bonaventure suspends adviser for student relationship at last job | News | oleantimesherald.com 3/3"} |
7,289 | Stuart R. Vanderhurst | Colorado Mountain College | [
"7289_101.pdf",
"7289_102.pdf"
] | {"7289_101.pdf": "10TH v (2000) United States Court of Appeals,Tenth Circuit. Stuart VANDERHURST, Plaintiff-Appellee, v DISTRICT, a Colorado junior college district; Colorado Mountain College Board of Trustees, a Colorado junior college board of trustees, Defendants-Appellants. No. 98-1408. Decided: April 11, 2000 Before BRISCOE, REAVLEY*, and MURPHY, Circuit Judges. John G. Roberts, Jr., of Hogan & Hartson L.L.P., Washington, D.C. (Alexander E. Dreier, Hogan & Hartson L.L.P.; Daniel R. Satriana, Jr., of Hall & Evans, L.L.C., Denver, Colorado, with him on the briefs) for Appellants. Bradley C. Bartels, Colorado Education Association, Denver, Colorado, (Martha R. Houser, Gregory J. Lawler, Sharyn E. Dreyer, and Cathy L. Cooper, Colorado Education Association, with him on the brief) for Appellees Stuart R. Vanderhurst, a former professor at Colorado Mountain College Junior College District (the \u201cCollege\u201d), sued the College for terminating his employment on the basis of allegedly inappropriate classroom conduct and comments. Vanderhurst claimed, inter alia, that the College violated his First Amendment right to free speech and breached his employment contract and he sought relief respectively under 42 U.S.C. \u00a7 1983 and state common law. At the close of Vanderhurst's case-in-chief and again at the close of all the evidence, the College unsuccessfully moved for judgment as a matter of \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:47 v (2000) | FindLaw 1/17 law on both the First Amendment and contract claims. The jury eventually returned a verdict in favor of Vanderhurst on both claims. The College now appeals from the district court's denial of its Rule 50 motions on the two claims. This court exercises jurisdiction pursuant to 28 U.S.C. \u00a7 1291. The College's appeal on the First Amendment claim presents the following issues: (1) whether the speech for which Vanderhurst was terminated garnered constitutional protection; (2) whether the district court erred by submitting to the jury the question whether the termination reasonably related to the College's legitimate pedagogical concerns; and (3) whether the district court should have answered that question in favor of the College. Because the College failed to adequately raise these issues before the district court, it has waived appellate review of its arguments. This court thus affirms the judgment on the First Amendment claim. On the contract claim, the College contends the terms of Vanderhurst's employment contract and its Policy Manual preclude his ability to prosecute that claim in court. In light of our resolution of the First Amendment claim and the structure of the district court judgment, this court need not address the merits of that argument. We therefore affirm the judgment of the district court In 1973, Vanderhurst began working as Veterinary Head of the College's Veterinary Technology Program (the \u201cProgram\u201d), becoming Program Director in 1978. After a one year leave of absence, Vanderhurst returned to the program as a professor, teaching clinical pathology, anaesthetic nursing, radiology, and veterinary medical nursing, and further serving as a clinician to the program's animals. In the late 1980's, an internal conflict arose among faculty within the Program. An adversarial relationship also developed between Vanderhurst and the College administration. In 1991, the College suspended Vanderhurst during a portion of the fall semester because he sexually harassed students and a female faculty member in the Program. In the fall semester of 1995, a number of students in Vanderhurst's Clinical Pathology and Anaesthetic Nursing classes complained that he utilized an inappropriate teaching style and made offensive comments during class time. Specifically, the students lodged the following allegations against Vanderhurst: he discussed the presence of tampons in a sewer plant while lecturing about animal parasites; he referred to human anal and oral sex and male orgasms during a lecture about the transmission of parasites; he used the terms \u201cbig dog,\u201d \u201cbig chair,\u201d and \u201cfloaters and sinkers\u201d to describe feces; he made comments insulting to blondes; he called a female student \u201crose bud\u201d; he degraded a student by discussing an incident in which she was bitten by a pig; he intimated that students were \u201cdumb\u201d; he inappropriately referred to comments made in student evaluations; he made negative comments about another instructor in the Program and withheld class lecture material from her; he discussed matters unrelated to course content during class time; he intimidated and humiliated 2/27/25, 7:47 v (2000) | FindLaw 2/17 students; and he allowed sophomore students to address his freshman Clinical Pathology class about their course evaluations. The College allegedly believed that this purported conduct violated policies set forth in the College's Policy Manual, including policies governing ethics, commitment to the student, commitment to the public, and sexual harassment. As a consequence, the College notified Vanderhurst on December 14, 1995 that it was considering terminating his employment for neglect of duty, failure to meet or comply with reasonable written or published standards or directives, and other good and just cause. Vanderhurst was then suspended without pay while the College proceeded to carry out the recommended dismissal. The Policy Manual provides that a faculty member may challenge the College's decision to terminate employment through four distinct levels of grievance review. Level allows the grievant to meet with his immediate supervisor in an attempt to resolve the matter informally. If the grievance is not resolved at Level I, the faculty member may initiate a Level review, at which a Peer Review Committee (\u201cPRC\u201d) examines the entire record and may receive other relevant materials and take testimony from parties and witnesses. The then issues a report which includes findings of fact, conclusions, and recommendations. If still unsatisfied, the faculty member may pursue a Level review by the College President or designee, who reviews the record from the prior proceedings, meets with the grievant, and may undertake additional inquiries. The President or designee then issues a written decision. Although normal grievances end with the Level decision, a faculty member challenging a dismissal decision is entitled to a Level review by the Board of Trustees (the \u201cBoard\u201d). Both the faculty member and the President or designee may testify, call and cross-examine witnesses, and present evidence at the Level hearing. Based on that hearing, the record from the prior hearings, and all other relevant records, the Board then issues its written decision. On February 14, 1996, at a Level Supervisor Review hearing, Vanderhurst grieved the College's decision to dismiss him, but the decision was upheld. Vanderhurst then pursued a Level Peer Review grievance hearing. After conducting extensive evidentiary hearings, the issued its decision on May 27, 1996. In its findings of fact, the stated that the only meritorious allegation of misconduct was the one claiming Vanderhurst had allowed sophomore students to address his class about course evaluations. The thus recommended that Vanderhurst not be terminated because the College had failed to show a violation of policies or other good and just cause for dismissal. In July, however, Vanderhurst was informed that the College disagreed with the PRC's recommendation and would proceed with the termination. Vanderhurst continued to challenge the College's dismissal decision at a Level grievance hearing. The President's designee reviewed the evidentiary record from the Hearing and issued independent factual findings based on that review, some of which were inconsistent with those made by the PRC. The 2/27/25, 7:47 v (2000) | FindLaw 3/17 designee concluded that Vanderhurst had violated College policies, retaliated against another faculty member whose previous complaints had led to the 1991 disciplinary action, and disregarded earlier warnings about his offensive conduct and language. Consequently, the President upheld the decision to terminate Vanderhurst's employment. After a final Level grievance review, the Board unanimously approved a resolution affirming the termination. Vanderhurst then brought suit in state court against the College, the Board, and several College administrators in their individual capacities. The College removed the case to federal district court. Vanderhurst's complaint alleged, inter alia, that the College had breached his employment contract by terminating his employment without proper grounds and had deprived him of his rights to free speech and academic freedom by dismissing him for exercise of those rights, thus violating the First and Fourteenth Amendments and 42 U.S.C. \u00a7 1983. These two claims proceeded to trial in September of 1998. At the close of Vanderhurst's case-in-chief, the College moved for judgment as a matter of law on both the First Amendment and breach of contract claims, pursuant to Rule 50 of the Federal Rules of Civil Procedure. The district court denied the motion on both claims. The College renewed its Rule 50 motion on both claims at the close of all the evidence, but the district court again denied that motion. The jury subsequently returned a verdict in favor of Vanderhurst on both claims. Although the jury specifically found that Vanderhurst had sustained damages of $557,100 on each claim, the parties had stipulated that Vanderhurst could only recover once. The district court thus awarded Vanderhurst $557,100 in total damages. The district court also ordered that Vanderhurst receive attorney's fees for his First Amendment claim upon filing an appropriate motion. The College now appeals from the district court's denial of its Rule 50 motions on both the First Amendment and contract claims A. Standard of Review This court reviews de novo the denial of a motion for judgment as a matter of law. See Kinser v. Gehl Co., 184 F.3d 1259, 1267 (10th Cir.1999 court should grant a defendant judgment as a matter of law \u201c[i]f there is no legally sufficient evidentiary basis \u2024 with respect to [the plaintiff's] claim \u2024 under the controlling law.\u201d Baty v. Willamette Indus., Inc., 172 F.3d 1232, 1241 (10th Cir.1999) (quotation omitted). In evaluating a Rule 50 motion, this court examines all the evidence admitted at trial, construing that evidence and the inferences therefrom in the light most favorable to the non-moving party. See Kinser, 184 F.3d at 1267. B. The First Amendment Claim 2/27/25, 7:47 v (2000) | FindLaw 4/17 The College challenges the denial of its Rule 50 motions regarding Vanderhurst's First Amendment claim on three grounds: (1) the district court should have ruled as a matter of law that the speech for which Vanderhurst was terminated fell entirely outside the First Amendment's protection; (2) the district court committed reversible error by submitting to the jury a question of law-whether Vanderhurst's termination reasonably related to the College's legitimate pedagogical concerns; and (3) the district court should have answered that question in favor of the College. 1. Whether Speech Was Protected Under First Amendment The College contends that the district court should have granted its Rule 50 motions on the First Amendment claim because the speech for which it terminated Vanderhurst is entirely unprotected under the First Amendment. The College first argues that much of Vanderhurst's speech constituted profanity, which a college professor has no First Amendment right to utter in the classroom. Additionally, the College asserts that the speech at issue concerned course content at odds with the College's established curriculum, and a teacher enjoys no First Amendment right to determine the educational content of a course. In Keyishian v. Board of Regents, the United States Supreme Court held that a New York statute which required the termination of teachers for \u201ctreasonable\u201d or \u201cseditious\u201d acts or utterances committed or made inside or outside the classroom ran afoul of teachers' First Amendment rights. 385 U.S. 589, 597, 604, 87 S.Ct. 675, 17 L.Ed.2d 629 (1967). The Court thus recognized that teachers do enjoy some First Amendment protection in their classroom speech, stating, \u201c[Academic] freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.\u201d Id. at 603, 87 S.Ct. 675. Two years later, in Tinker v. Des Moines Independent Community School District, the Court delivered its now-famous pronouncement regarding speech in our nation's public schools: \u201cIt can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.\u201d 393 U.S. 503, 506, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). Indeed, it is widely recognized that teachers' classroom speech is entitled to some First Amendment protection. See, e.g., Blum v. Schlegel, 18 F.3d 1005, 1012 (2d Cir.1994); Ward v. Hickey, 996 F.2d 448, 452 (1st Cir.1993); Fowler v. Board of Educ., 819 F.2d 657, 661 (6th Cir.1987); Kingsville Indep. Sch. Dist. v. Cooper, 611 F.2d 1109, 1113 (5th Cir.1980). In Miles v. Denver Public Schools, however, this court implicitly acknowledged that not every word spoken by a teacher in a public school classroom falls within the protections of the First Amendment. See 944 F.2d 773, 775 (10th Cir.1991). The Miles court noted that whether a teacher's speech is constitutionally protected is the first inquiry in the test \u201cfor determining whether an adverse employment decision violates a public [school teacher's] first amendment rights.\u201d 1 Id. 2/27/25, 7:47 v (2000) | FindLaw 5/17 The College maintains that because Vanderhurst's speech was profane and because it amounted to an attempt to communicate course content at odds with the College's chosen curriculum, his speech was not constitutionally protected. It thus asserts that this court can rule in its favor without even engaging in the First Amendment analysis established in Hazelwood School District v. Kuhlmeier, which probes whether the adverse employment action reasonably related to the school's legitimate pedagogical interests. See 484 U.S. 260, 273, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988). This suggested approach, however, ignores the analytical dictate of Miles. In Miles, this court stated, \u201cIn determining whether Miles has satisfied the initial burden of showing his classroom expression is constitutionally protected, we look to the Supreme Court's decision in \u2024 Kuhlmeier \u2024\u201d Miles, 944 F.2d at 775. The Miles court then proceeded to determine whether, under the test established in Kuhlmeier, the actions taken against Miles reasonably related to a legitimate pedagogical interest. See id. at 775-79. Concluding that the school's actions against Miles were reasonably related to legitimate pedagogical interests, this court finally stated, \u201cMiles has [thus] not shown that his classroom comments \u2024 were constitutionally protected.\u201d Id. at 779. The College is therefore incorrect to bifurcate as separate arguments (1) that Vanderhurst's speech was not constitutionally protected, and (2) that his termination was reasonably related to the College's legitimate pedagogical concerns. Under the analytical rubric of Miles, the College's two separate contentions address the same issue; in other words, whether Vanderhurst's termination reasonably related to the College's legitimate pedagogical interests is the test for determining whether his speech fell within the ambit of First Amendment protection. Cf. Conward v. Cambridge Sch. Comm., 171 F.3d 12, 23 (1st Cir.1999) (utilizing the Kuhlmeier test to determine whether a high school teacher's distribution of lewd materials to a student were protected by the First Amendment). But see Edwards v. California Univ. of Pa., 156 F.3d 488, 491 (3d Cir.1998) (\u201cWe do not find it necessary to determine whether the district court's instruction adequately defined \u2018reasonably related to a legitimate educational interest\u2019 standard because, as a threshold matter, we conclude that a public university professor does not have a First Amendment right to decide what will be taught in the classroom.\u201d (emphasis added)). 2. Whether Termination Reasonably Related to Legitimate Pedagogical Concerns In Kuhlmeier, the Supreme Court established an analytical framework for determining when a public high school's restrictions on school-sponsored student speech violates those students' First Amendment rights: \u201ceducators do not offend the First Amendment by exercising \u2024 control over \u2024 student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.\u201d 484 U.S. at 273, 108 S.Ct. 562. This court in Miles extended that holding to a school's control over the classroom speech of a public high school teacher. See 944 F.2d at 777. This court has not decided, however, whether that same analytical approach should be applied to a college or university's ability to restrict the classroom speech of a professor. On appeal, both Vanderhurst and the College embrace the Kuhlmeier approach as the proper means to analyze Vanderhurst's First 2/27/25, 7:47 v (2000) | FindLaw 6/17 Amendment claim. This court will thus assume for purposes of this appeal that the analytical framework established in Kuhlmeier is indeed appropriate to this case; we need not decide definitively, however, whether that framework does in fact govern a public college or university's control over the classroom speech of a professor or other instructor.2 In the instant case, the district court ruled as a matter of law that the interests embodied in the College's sexual harassment policy and code of ethics and stated as the reasons for terminating Vanderhurst did constitute legitimate pedagogical concerns. Additionally, the district court determined that neither the sexual harassment policy nor the code of ethics are unconstitutionally vague. Finally, in granting the College's Rule 50 motion on Vanderhurst's equal protection claim, the district court ruled as a matter of law that the College did not act in a discriminatory or vindictive manner in firing Vanderhurst. Given these three rulings, the College contends that the district court was required to rule as a matter of law that the termination was reasonably related to legitimate pedagogical interests. Specifically, the College first asserts that whether the termination reasonably related to legitimate pedagogical interests is a question of law which the district court erroneously submitted to the jury. The College then maintains that had the district court made this determination, instead of allowing the jury to do so, the court should have ruled in its favor. Vanderhurst counters that the College waived its right to press these two related arguments on appeal because it failed to articulate them in its Rule 50 motions. This court generally will not entertain arguments on appeal which the appellant failed to raise before the district court. See Crow v. Shalala, 40 F.3d 323, 324 (10th Cir.1994). More specifically, \u201c[a Rule 50] motion for judgment as a matter of law made at the close of all the evidence preserves for review only those grounds specified at the time, and no others.\u201d Correa v. Hospital San Francisco, 69 F.3d 1184, 1196 (1st Cir.1995). Finally, Rule 51 of the Federal Rules of Civil Procedure states, \u201cNo party may assign as error the giving or the failure to give an instruction unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection.\u201d Fed.R.Civ.P. 51. At the close of Vanderhurst's case, the College orally moved for judgment as a matter of law on the First Amendment claim, stating simply, \u201cwe believe that there has been insufficient evidence to show that Dr. Vanderhurst was terminated for the exercise of any First Amendment protected rights\u2024\u201d The College thus rested its initial Rule 50 motion upon the broad contention that Vanderhurst's speech was not protected under the First Amendment. After extensively discussing whether Vanderhurst's speech was constitutionally protected, the district court denied the motion, concluding that sufficient factual disputes existed about the controversial speech which the jury needed to resolve before the court could issue a legal ruling. At that time, however, the district court addressed the First Amendment claim within the analytical framework of Pickering v. Board of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968) and Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983) and not under the Kuhlmeier and Miles approach.3 The College was also then operating under the belief that 2/27/25, 7:47 v (2000) | FindLaw 7/17 Connick/Pickering, rather than Kuhlmeier and Miles, provided the appropriate analytical framework for the First Amendment claim.4 Indeed, the College's pretrial motions, which argued within a Connick/ Pickering analysis, likely induced the district court to adopt just such an approach. Due to the College's position when it made that initial Rule 50 motion regarding the proper analytical framework, it did not argue then that the district court should decide as a matter of law that Vanderhurst's termination reasonably related to the College's legitimate pedagogical interests. The following day, the College filed a \u201ctrial brief,\u201d which finally urged the district court to analyze Vanderhurst's First Amendment claim under the analytical rubric of Kuhlmeier and Miles rather than under the framework set out in Pickering and its progeny. After advocating such an analytical approach, the College's brief stated, \u201cDefendants have demonstrated in evidence adduced during Plaintiff's case-in-chief that his classroom comments implicated the three pedagogical interests outlined in Miles.\u201d The College did not argue in that brief that it would be improper for the jury to resolve the issue of whether the termination reasonably related to the College's legitimate pedagogical concerns, nor did it even request that the district court answer this question as a matter of law. Indeed, nowhere in the trial brief did the College either refer to Rule 50 or request any form of relief. Rather, it seems that the College's intent in filing the brief was merely to refocus the trial court on what the College now considered the proper mode of analysis for Vanderhurst's First Amendment claim, i.e., the analytical structure set out in Kuhlmeier and Miles. After the close of all the evidence, the district court held a jury instruction conference. During the conference, the district court stated that the proper analysis required answering two questions: \u201cwhether there are shown to be legitimate pedagogical interests, and secondly, whether the actions taken by the school are reasonably related to legitimate pedagogical interests.\u201d The court then declared that the first inquiry presented a question of law, which it answered in the affirmative. The court stated that it would submit the second question to the jury. The district court then continued this discussion, stating, \u201cAnd if determined that [the] defendants' pedagogical interests in this case stated as a basis for the termination are legitimate, that's no longer a factor for the jury to consider here. What they're considering is the reasonableness of the action in termination.\u201d The College simply responded, \u201cOkay.\u201d 5 After further discussion about other aspects of the relevant jury instruction, the district court read the finalized version, to which the College responded, \u201cThat's fine, your Honor.\u201d Significantly, at no time before, during, or after this conference did the College object to the submission to the jury of the question whether the termination reasonably related to legitimate pedagogical concerns or even state that it viewed this as a legal inquiry. Quite to the contrary, the College's own statements during this colloquy reveal that the College, like the district court, viewed the question as one for the jury. Finally, after the jury instruction conference ended, the College renewed its Rule 50 motion, merely stating, \u201cOn the [First Amendment] claim we would incorporate the reasoning in Miles, in Bishop v. Aronov, and also in \u2024 Edwards v. California University of Pennsylvania \u2024\u201d The College articulated no 2/27/25, 7:47 v (2000) | FindLaw 8/17 specific arguments to support its renewed Rule 50 motion. The district court then denied the motion, to which the College responded would just like to reserve that issue as to the submission of the academic freedom First Amendment claim\u2024\u201d Again, the College failed to state any specific reasons for objecting to the submission of the First Amendment claim to the jury. This record reveals that the College never argued before the district court, as it does now on appeal, that the question whether the termination reasonably related to legitimate pedagogical interests is not a question for the jury, but instead a question of law for the court. The College had ample opportunity to make the court aware of its opposition to submitting this question to the jury. Nevertheless, in its motion for summary judgment, in its initial Rule 50 motion, in the trial brief, during the jury instruction conference, and in its renewed motion, it failed to do so. Not only did the College fail to object to the submission of this question to the jury, during the instruction conference the College explicitly agreed with the district court that the question belonged to the jury. Pursuant to Rule 51, the College's failure to object to the giving of this instruction renders fatal its argument that the submission of this question to the jury warrants reversal of the judgment. See Fed.R.Civ.P. 51. Because the College never objected to the submission of this question to the jury or stated that the question required a legal determination by the court, this court concludes that the College waived its appellate argument that the submission of this question to the jury warrants reversal of the judgment.6 Having reviewed the entire record surrounding the College's Rule 50 motions and having concluded that the College never argued against submitting to the jury the question whether Vanderhurst's termination reasonably related to the College's legitimate pedagogical interests, this court is uncertain as to the specific grounds upon which the College did base those motions, particularly the renewed motion. The initial Rule 50 motion was predicated upon the argument that under a Pickering analysis, the speech for which Vanderhurst was terminated was not constitutionally protected. In making its renewed Rule 50 motion, the College merely offered an entirely vague reference to Miles without articulating any specific argument to support its motion. The College's nebulous presentation could not have alerted the district court that the reasonable relationship issue was being tendered for its review. This court therefore concludes that the College also waived for appellate review the argument that the district court should have granted its renewed Rule 50 motion because Vanderhurst's termination reasonably related to the College's legitimate pedagogical concerns. Because the College waived for appellate review its arguments challenging the judgment on Vanderhurst's First Amendment claim, we must affirm that judgment. C. The Contract Claim This court will not \u201cundertake to decide issues that do not affect the outcome of a dispute.\u201d Griffin v. Davies, 929 F.2d 550, 554 (10th Cir.1991). Although Vanderhurst prevailed on both his First Amendment and contract claims and the jury found he had sustained $557,100 in damages on each 2/27/25, 7:47 v (2000) | FindLaw 9/17 claim, the parties stipulated that he could only recover once. Reflecting that stipulation, the district court's judgment awarded Vanderhurst damages of only $557,100. That award remains intact because we affirm the judgment on the First Amendment claim. This court thus need not address the appeal on the contract claim, and we decline to do so.7 Because the College failed to articulate before the district court those arguments which it now presents on the First Amendment claim, this court the judgment on that claim. In light of the structure of the district court's final judgment, we decline to address the merits of the College's argument on the contract claim. Thus, the judgment entered by the United States District Court for the District of Colorado is hereby AFFIRMED. REAVLEY, J., concurs in the result only 1. Under Miles, the second question in the test for determining if a school's adverse employment action against a teacher violated the teacher's First Amendment rights is whether \u201cthe protected speech motivated the adverse employment action.\u201d Miles v. Denver Public Sch., 944 F.2d 773, 775 (10th Cir.1991). The employee bears the burden of demonstrating both of these elements. See id. If the employee satisfies that burden on both elements, the employer must then establish by a preponderance of the evidence that it would have taken the adverse employment action even if the employee had not made the controversial statements. See id. 2. Not all courts have adopted the Kuhlmeier framework as the proper means to assess a college or university's restriction of in-class speech by an instructor. See, e.g., Bishop v. Aronov, 926 F.2d 1066, 1074-76 (11th Cir.1991) (utilizing a unique balancing test); Scallet v. Rosenblum, 911 F.Supp. 999, 1011 (W.D.Va.1996) (applying the Pickering balancing test to a university's control over an instructor's speech, rather than the Kuhlmeier test, because the interests discussed in Kuhlmeier justifying allowance of greater speech restriction in secondary schools are not at stake to the same degree in higher education). 3. The Connick/Pickering analysis requires the court to determine if the speech was protected first by ascertaining whether the speech touched upon a matter of public concern, and second, by balancing the public employer's interests in controlling its work environment and fulfilling public responsibilities against the employee's interest in the speech. See Pickering v. Board of Educ., 391 U.S. 563, 574, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); Connick v. Myers, 461 U.S. 138, 146, 150-54, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). 4. For example, in its summary judgment motion, the College argued exclusively within the context of Connick/Pickering. Although that motion did discuss Miles, but not Kuhlmeier, it did so only for the 2/27/25, 7:47 v (2000) | FindLaw 10/17 proposition that the College had substantial interests as recognized by Miles, which should weigh in its favor under a Connick/Pickering balancing. There is nothing in the record to indicate that between filing that summary judgment motion and making its initial Rule 50 motion, the College ever attempted to shift the court's analytical focus away from Connick/Pickering and onto Kuhlmeier.Interestingly, Vanderhurst's motion in opposition to the College's summary judgment motion did argue within the framework of Kuhlmeier and Miles. It does not appear, however, that the College or the district court ever picked up on this suggested approach prior to the time the College filed its \u201ctrial brief,\u201d the day after it made its initial Rule 50 motion. 5. This colloquy reveals the litigants' misunderstanding of the question whether the termination reasonably related to legitimate pedagogical interests. That question does not ask whether the specific adverse employment action taken, here, termination, was a reasonable one in light of the teacher's alleged transgression. That decision is left to the institution itself, and a federal court should play no role in judging the reasonableness of the sanctions which a school levies against its employees. See Miles, 944 F.2d at 779 (\u201c[W]e will not interfere with the authority of the school officials to select among alternate forms of discipline.\u201d). Rather, an adverse employment action reasonably relates to a school's legitimate pedagogical interests if the employee's conduct prompting the sanction, as perceived in good faith by the school, in some way violated or vitiated those legitimate pedagogical concerns. In this case, therefore, the question is whether the speech that the College in good faith believed Vanderhurst uttered violated the College's sexual harassment policy or code of ethics, which embodied legitimate pedagogical concerns. Regardless of this apparent misunderstanding, the College's response to the court's discussion does demonstrate that the College viewed the question as one properly within the province of the jury. 6. The College contends that, despite its failure to object to the instruction, Poindexter v. Atchison, Topeka and Santa Fe Railway Co., 168 F.3d 1228, 1232 (10th Cir.1999) requires this court to reverse the judgment because the giving of a legal question to the jury constitutes plain error. We disagree. Unlike the instruction in Poindexter, the question of whether Vanderhurst's termination reasonably related to legitimate pedagogical interests, though perhaps itself a legal one, does implicate factual findings. Before a court can answer the question, a jury must first make findings regarding the relevant speech. See supra note 5. Poindexter, therefore, is not controlling here. Furthermore, in the instant case the jury made no such findings, in part because the College failed to argue that the question was a legal one and request that the jury make the relevant predicate findings. Both because we lack those findings and the College did not include the entire trial transcript in the record on appeal, this court cannot conclude that the giving of the instruction \u201cseriously affected the fairness, integrity or public reputation of judicial proceedings.\u201d Aspen Highlands Skiing Corp. v. Aspen Skiing Co., 738 F.2d 1509, 1516 (10th Cir.1984) (quotation omitted). As a consequence, there is no plain error. 2/27/25, 7:47 v (2000) | FindLaw 11/17 7. This court generally avoids reaching constitutional issues when it can resolve an appeal on other grounds. See United States v. Gonzales, 150 F.3d 1246, 1254 (10th Cir.1998). In the instant case, however, the district court ordered that Vanderhurst receive attorney's fees for his First Amendment claim upon filing an appropriate motion. At oral argument, both parties agreed that Colorado law would not similarly allow Vanderhurst to recover attorney's fees for his contract claim. To avoid affecting the district court's order pertaining to attorney's fees, this court therefore needed to resolve the College's challenge to the First Amendment claim rather than to the contract claim. MURPHY, Circuit Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law \uf105 2/27/25, 7:47 v (2000) | FindLaw 12/17 v (2000) Docket No: No. 98-1408. 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Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:47 v (2000) | FindLaw 17/17", "7289_102.pdf": "From Casetext: Smarter Legal Research Vanderhurst v. Colorado Mountain College Dist. United States District Court, D. Colorado Aug 18, 1998 16 F. Supp. 2d 1297 (D. Colo. 1998) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Civil No. 97-B-563. August 18, 1998. *1298 1298 Bradley C. Bartels, Martha R. Houser, Gregory J. Lawler, Sharyn E. Dreyer, Colorado Education Association, Denver, CO, for Plaintiff. Daniel R. Satriana, Jr., Hall Evans, L.L.C., Denver, CO, for Defendants Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 1/22 BABCOCK, District Judge. In this employment termination dispute, defendants Colorado Mountain College District District) and Colorado Mountain College Board of Trustees Board) (collectively or defendants) move to dismiss claim seven and seek summary judgment on claims one, two, three, four, seven and eight brought by plaintiff Stuart R. Vanderhurst (Vanderhurst). Also pending is defendants' motion to strike certain allegations of Vanderhurst's Second Amended Complaint. Vanderhurst filed a cross- motion for summary judgment on claims three and four. *1299 will deny the motion to dismiss and the motion to strike will grant defendants' summary judgment motion in part and deny it in part and will deny Vanderhurst's cross-motion. 1299 I. The following facts are undisputed. Vanderhurst was employed by as Professor and Clinician in Veterinary Technology (Vet Tech) for over 22 years pursuant to a series of annually renewable employment contracts. Pltf. Ex. 1-2. The Vet Tech program is a two-year program designed to train students to be veterinary assistants. Vanderhurst's 1995-1996 employment contract provides, in pertinent part, that \"[t]he Employee is bound by the policies, rules and regulations set forth in the Colorado Mountain Junior College District Policy Manual . . . applicable to faculty members. . . . The Employee is also bound by the . . . administrative rules, regulations, and policies of the College. . . .\" Pltf. Ex. 1. On December 14, 1995 notified Vanderhurst that it was considering terminating his employment based upon the following allegations of misconduct: A. Student allegations: 1. In or about October 1995, during a freshman class, Vanderhurst made reference to a \"tampon\" in the sewage plant, describing it as appearing to be a mouse or a rat; 2. In the same lecture period, Vanderhurst made a reference to oral and anal sex; 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 2/22 3. On another occasion, Vanderhurst stated will not make any blonde jokes\" in response to a question posed by a female student and in the past has made other comments about blondes; 4. At various times, Vanderhurst used in class the terms \"big chair,\" \"big dog,\" and \"floaters and sinkers\" when discussing human feces; 5. On one occasion, Vanderhurst referred to a student as \"Rosebud\" and then attempted to cover up the comment by a similar reference to all other students; 6. Vanderhurst discussed in class, without the student's permission, a situation involving a student being bitten by a pig; 7. Vanderhurst used or referred to comments made by students on test evaluations in an inappropriate manner; 8. Vanderhurst requested students not to make comments regarding his classroom comments and behavior on their evaluations; 9. Vanderhurst made statements or comments about how \"dumb\" his students were; 10. Vanderhurst directed negative comments to students about staff member Laura Van Dyne (Van Dyne); 11. Vanderhurst used class time to discuss matters not relevant to course content; 12. Vanderhurst allowed sophomore students to address his freshman class during class time about matters that upset some students. Pltf. Exs. 13-14. Also, there was an allegation that Vanderhurst withheld class lecture materials from Van Dyne. The administration investigated each complaint and determined that Vanderhurst had violated CMC's sexual harassment policy and Code of Ethics. After considering the severity of the violations and Vanderhurst's 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 3/22 history of warnings and disciplinary action based on similar behavior determined that it would recommend Vanderhurst's dismissal. B. Prior warnings and disciplinary actions According to CMC, it relied on the following prior incidents in reaching its decision to recommend Vanderhurst's dismissal: 1. In 1989, Vanderhurst's supervisor, Assistant Dean of Instruction Thomas McBrayer (McBrayer) warned Vanderhurst about complaints received from students about his use of profanity and offensive language during classes. Apparently, Vanderhurst assured McBrayer that the behavior would stop. Pltf. Exs. 6; 7, p. 153; and 2. In 1991, Vanderhurst was suspended for part of the academic year because of acts of sexual harassment. Vanderhurst grieved the suspension through the *1300 grievance policy. The suspension was upheld by and, ultimately, the United States District Court for the District of Colorado in case number 91-S- 2091. 1300 On December 22, 1995 notified Vanderhurst that he was suspended without pay pending further proceedings and that intended to proceed with the dismissal recommendation. Pltf. Ex. 15. Vanderhurst grieved the dismissal recommendation pursuant to the Board policy. Pltf. Ex. 13. His grievance proceeded through all levels of review, culminating in the Board's October 23, 1996 finding that Vanderhurst's dismissal was justified. Pltf. 13, p. 6. On February 27, 1997, Vanderhurst filed an action in the Garfield County District Court, Colorado which was removed on March 20, 1997. II. Claims One Breach of ContractBoard of Trustees Policies Def and Board 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 4/22 Two Deprivation of Constitutional Rights-State Law and 42 U.S.C. \u00a7 1983 \u2014 Speech Def: Same Three Deprivation of Constitutional Rights-State Law and 42 U.S.C. \u00a7 1983 \u2014 Due Process -Sexual Harassment Charges Def: Same Four Deprivation of Constitutional Rights-State Law and 42 U.S.C. \u00a7 1983 \u2014 Due Process -Ethics Charges Def: Same Five Intentional Interference with Contract \u2014 Inducing Breach of Contract Claim dismissed by stipulation Six Civil Conspiracy Claim dismissed by stipulation Seven Deprivation of Constitutional Rights-State Law and 42 U.S.C. \u00a7 1983 \u2014 Equal Protection Def: Same Eight Copyright Infringement \u2014 17 U.S.C. \u00a7 101, et seq. Def: Same III. Defendants' motions to dismiss and strike certain allegations A. Motion to dismiss In July 1997 filed a motion to dismiss claims five, six, and seven. On March 13, 1998, pursuant to a stipulated motion to dismiss entered an Order dismissing, with prejudice, claims five and six and the individual 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 5/22 defendants named in the complaint. Order, March 13, 1998. Hence will deny as moot the motion to dismiss as to claims five and six. 1. Claim seven for deprivation of the constitutional right to equal protection under state law and 42 U.S.C. \u00a7 1983 Defendants move to dismiss claim seven on the grounds that Vanderhurst does not allege that he was a member of a constitutionally protected group or that he was treated differently than other similarly situated employees. Rather, Vanderhurst alleges that defendants deprived him of his constitutionally protected right to equal protection of the law by \"intentionally and vindictively carrying out a campaign to divest Vanderhurst, as a member of an individual class, of his employment. . . .\" Second Amended Complaint \u00b6 161 will deny the motion to dismiss claim seven. \"The equal protection clause is triggered when the government treats someone differently than another who is similarly situated.\" Buckley Constr., Inc. v. Shawnee Civic Cultural Develop. Auth., 933 F.2d 853, 859 (10th Cir. 1991) (citing City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985)). The more familiar equal protection claim asserts some invalid classification within which the plaintiff falls and typically fails where a plaintiff \"does not allege a classification sufficient to invoke the equal protection clause.\" Buckley Construction, 933 F.2d at 859. Here, a class-based equal protection infringement is not alleged. However, that *1301 does not end my analysis. \"The question . . . is whether the Equal Protection Clause protects not only against discrimination where victims are within an identifiable group, but also where the plaintiff alleges he is an individual victim of purposeful discrimination.\" Norton v. Village of Corrales, 103 F.3d 928, 933 (10th Cir. 1996). 1301 As the Tenth Circuit recognized in Buckley, the Equal Protection Clause protects not only against discrimination where victims within an identified classification or group are injured, but also where the plaintiff alleges \"an element of intentional or purposeful discrimination\" so as to invoke the clause to protect an individual victim. Buckley, 933 F.2d at 859, quoting Snowden v. Hughes, 321 U.S. 1, 8, 64 S.Ct. 397, 88 L.Ed. 497 (1944). In holding 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 6/22 Smith v. Eastern New Mexico Medical Center, 72 F.3d 138, 1995 749712 at *5- 6. the claim defective in Buckley, the Tenth Circuit noted specifically that there was no allegation of such intentional or purposeful discrimination. Id. at 859. Several years later, in an unpublished opinion, the Tenth Circuit relied on Snowden and Buckley in reversing the dismissal of an equal protection claim founded on allegations amounting to intentional or purposeful discrimination of an individual. Smith v. Eastern New Mexico Medical Center, 72 F.3d 138, 1995 749712 (10th Cir. 1995). Generally, unpublished orders and judgments of the Tenth Circuit Court of Appeals are not binding precedents, except under the doctrines of law of the case, res judicata, and collateral estoppel. Also, citation of unpublished orders and judgments is not favored. 10th Cir. Rule 36.3 (eff. January 1, 1996). \"Nevertheless, an unpublished decision may be cited if it has persuasive value with respect to a material issue that has not been addressed in a published opinion and it would assist in its disposition. . . .\" Id. In Smith, two plaintiffs, a vascular surgeon and a registered nurse/vascular technician, sued Eastern New Mexico Medical Center, a hospital where Dr. Smith had medical privileges and Ms. Smith operated a non-invasive vascular laboratory, and nine individual defendants claiming that the defendants had violated their civil rights to equal protection of the law. Plaintiffs alleged: individual defendants who recommended the initial restriction of plaintiff Dr. Smith's privileges and the subsequent denial of their extension and/or who coerced plaintiff Dr. Smith into resigning, and/or terminated plaintiff Deborah P. Smith's vascular laboratory were guilty of fraud, malice and oppression and were motivated by a desire to promote their own improper economic interests and with a wanton disregard of the rights of plaintiffs or the interests of their patients. 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 7/22 The Smith court expanded the basis for an equal protection claim to include claims by an individual if there are allegations of behavior amounting to intentional or purposeful discrimination toward an individual. Smith v. Eastern New Mexico Medical Center, 72 F.3d 138, 1995 at 749712 *8 (10th Cir. 1995) (unpublished decision attached). The Court's conclusion was based on the following analysis: In Esmail v. Macrane, 53 F.3d 176, 178-180 (7th Cir. 1995), the plaintiff alleged that a powerful public official violated the Equal Protection Clause by refusing to renew the plaintiff's license out of sheer vindictiveness. Citing City of Cleburne, 473 U.S. at 446-47, 105 S.Ct. 3249, the Seventh Circuit held that the individual plaintiff's complaint stated a claim by averring the vindictive action against him. Important for our analysis, in Esmail, Chief Judge Posner stated: \"But neither in terms nor in interpretation is the clause limited to protecting members of identifiable groups.\" Esmail, 53 F.3d at 180 (emphasis added). The Seventh Circuit held that an equal protection claim was stated, reasoning that \"[w]hat [the Equal Protection Clause] does require, and what Esmail may or may not be able to prove is that the action taken by the state, whether in the form of prosecution or otherwise, was a spiteful effort to `get' him for reasons wholly unrelated to any legitimate state objective.\" Id. See also Ciechon v. City of Chicago, 686 F.2d 511, 522-24 n. 16 (7th Cir. 1982) (intentional act of invidious discrimination with no rational basis *1302 and motivated by bad faith established equal protection claim asserted by single victim, without identification of a class of victims); Zeigler v. Jackson, 638 F.2d 776, 779-80 (5th Cir. 1981) (distinctions between similarly situated individuals must be reasonable and not arbitrary in order to survive equal protection challenge). In none of these Seventh or Fifth Circuit cases was any classification or group identified as the target of the intentionally disparate treatment. Thus our Sister Circuits have held that showing \"an element of intentional or purposeful discrimination\" against one victim, Buckley Construction, 933 F.2d at 859, may establish an equal protection violation although a target group or classification is not identified. 1302 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 8/22 Smith, 1995 749712 at *5-6. Other circuits have expressed similar views. We find particularly persuasive the analysis in Burt v. City of New York, 156 F.2d 791 (2nd Cir. 1946). There Judge Learned Hand analyzed Snowden and concluded that under that decision the plaintiff's allegations of \"purposeful discrimination,\" \"that defendants' treatment of plaintiff was actuated by personal hostility,\" and that defendants \"singled [plaintiff] out for unlawful oppression\" in denying his application for work as an architect, were sufficient to state an equal protection claim. Dismissal of plaintiff's civil rights complaint was reversed. Id. at 791-93. See also Rubinovitz v. Rogato, 60 F.3d 906, 910-11 (1st Cir. 1995) (\"in the absence of invidious discrimination or the abuse of a fundamental right, a party may establish an equal protection violation with evidence of bad faith or malicious intent to injure.\"); LeClair v. Saunders, 627 F.2d 606, 609-10 (2nd Cir. 1980) (selective enforcement of law may violate equal protection if based on \"malicious or bad faith intent to injure a person\"), cert. denied, 450 U.S. 959, 101 S.Ct. 1418, 67 L.Ed.2d 383 (1981); Shock v. Tester, 405 F.2d 852, 855-56 (8th Cir.) (plaintiffs equal protection claim failed because he did not allege that acts of defendant officers were ones of intentional or purposeful discrimination.), cert. denied, 394 U.S. 1020, 89 S.Ct. 1641, 23 L.Ed.2d 45 (1969). Cf. Cook v. City of Price, Carbon County, Utah, 566 F.2d 699, 701 (10th Cir. 1977) (to show equal protection infringement when the discrimination is not aimed at a suspect class, `a plaintiff must show intentional or purposeful discrimination.') (citing Snowden, 321 U.S. at 8, 64 S.Ct. 397). Thus, in addition to shielding victims from discriminatory treatment of them as members of an identified class, the Equal Protection Clause affords protection to an individual injured by \"intentional or purposeful discrimination,\" Snowden, 321 U.S. at 8, 64 S.Ct. 397, without identification of a class. Giving the complaint before us the favorable consideration required by Conley v. Gibson and our own precedents, we cannot uphold the dismissal on motion of the plaintiffs' equal protection claim here. In his complaint, Vanderhurst alleges, among other things, that defendants: 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 9/22 \" intentionally and vindictively carr[ied] out a campaign to divest Vanderhurst, as a member of an individual class, of his employment and thereby humiliating him in a manner wholly unrelated to a legitimate state objective. This campaign was carried out in retaliation for Vanderhurst's exercise of his constitutional rights, and carried out as unequal governmental treatment because administrators and Board members harbored malignant animosity toward Vanderhurst.\" Second Amended Complaint, \u00b6 161 (emphasis added find persuasive the reasoning contained in Smith and the authorities relied on by the Smith court. Vanderhurst may or may not be able to prove such a case, but am persuaded that he states an equal protection claim which should not be dismissed. B. Motion to strike certain allegations of the Second Amended Complaint Pursuant to Fed.R.Civ.P. 12(f), defendants move to strike certain allegations contained in Vanderhurst's Second Amended Complaint at \u00b6\u00b6 12, 18-23, 24 (first sentence only), 25, 31 (first two sentences only), 32-37, 39, 40, and 41. Def. Motion, p. 1. *1303 1303 Rule 12(f) provides that \"[u]pon motion made by a party before responding to a pleading . . . the court may order stricken from any pleading any . . . redundant, immaterial, impertinent, or scandalous matter.\" Fed.R.Civ.P. 12(f). Motions to strike are generally disfavored and the decision to grant a motion to strike rests within the sound discretion of the district court v. Isham, 782 F. Supp. 524, 529 (D.Colo. 1992). Here, the underlying factual matters pleaded in the Second Amended Complaint are material and/or pertinent to factual and/or legal claims made by Vanderhurst. Consequently, in my discretion will deny the motion to strike. IV. Summary Judgment Motions A. Law 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 10/22 The very purpose of a summary judgment motion is to assess whether trial is necessary. White v. York Int'l Corp., 45 F.3d 357, 360 (10th Cir. 1995). Fed.R.Civ.P. 56 provides that summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, admissions, or affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The non-moving party has the burden of showing that there are issues of material fact to be determined. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986 party seeking summary judgment bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, interrogatories, and admissions on file together with affidavits, if any, which it believes demonstrate the absence of genuine issues for trial. Celotex, 477 U.S. at 323, 106 S.Ct. 2548; Mares v. ConAgra Poultry Co., Inc., 971 F.2d 492, 494 (10th Cir. 1992). Once a properly supported summary judgment motion is made, the opposing party may not rest on the allegations contained in his complaint, but must respond with specific facts showing the existence of a genuine factual issue to be tried. Otteson v. U.S., 622 F.2d 516, 519 (10th Cir. 1980); Fed.R.Civ.P. 56(e). These specific facts may be shown \"by any of the kinds of evidentiary materials listed in Rule 56(c), except the pleadings themselves.\" Celotex, 477 U.S. at 324, 106 S.Ct. 2548. If a reasonable juror could not return a verdict for the non-moving party, summary judgment is proper and there is no need for a trial. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The operative inquiry is whether, based on all documents submitted, reasonable jurors could find by a preponderance of the evidence that the plaintiff is entitled to a verdict. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, summary judgment should not enter if, viewing the evidence in a light most favorable to the nonmoving party and drawing all reasonable inferences in that party's favor, a reasonable jury could return a verdict for that party. Anderson v. Liberty Lobby, Inc., 477 U.S. at 252, 106 S.Ct. 2505; Mares, 971 F.2d at 494. Unsupported allegations without \"any significant probative evidence tending to support the complaint\" are insufficient, see White, at 360 (internal quote and citation omitted), as are conclusory assertions that factual disputes exist. Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505. Where, as here, 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 11/22 the parties file cross motions for summary judgment assume that no evidence need be considered other than that filed by the parties. Nevertheless, summary judgment is inappropriate if disputes remain as to material facts. James Barlow Family Ltd. Partnership v. David M. Munson, Inc., 124 F.3d 1321, 1323 (10th Cir. 1997). B. Defendants' motion for summary judgment 1. Claim one for breach of contract Defendants contend they are entitled to summary judgment on claim one for breach of contract because in terminating Vanderhurst, all policies and procedure were followed \"to the letter.\" Def. Reply Brief, p. 5. However, Vanderhurst is not challenging the procedures for termination contained in the Board grievance policy. Nor does he contend that defendants failed to follow the procedures \"to the letter.\" Rather, in specifically *1304 disavowing a challenged based on the grievance procedural process, Vanderhurst's breach of contract claim is premised on the factual basis underlying defendants' decision to terminate him. Resp. p. 42. 1304 It is beyond dispute that a written employment contract, like any other contract, is a contract enforceable by the courts. Also, liability for breach of contract exists if the employee can prove all the elements of the formation and breach of a contract. Continental Air Lines, Inc. v. Keenan, 731 P.2d 708 (Colo. 1987); Tuttle v Freight System, Inc. 797 P.2d 825, 827 (Colo.App. 1990). Here, there is no dispute about the existence of a written employment contract between the parties. However, there are numerous genuine factual disputes about Vanderhurst's conduct upon which defendants based his termination. Defendants premise their defense to Vanderhurst's breach of contract claim on the contention that he was terminated for violations of CMC's Code of Ethics and/or sexual harassment policy. Where, as here, there are genuine factual disputes as to the ultimate determination of whether Vanderhurst's conduct violated the Code of Ethics and/or the sexual harassment policy, it is for the trier of fact to determine whether defendants breached their 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 12/22 employment contract with Vanderhurst. See Adams v. Frontier Airlines Federal Credit Union, 691 P.2d 352 (Colo.App. 1984). See also Little Thompson Water Ass'n v. Strawn, 171 Colo. 295, 466 P.2d 915, 917 (1970); Bator v. Mines Development, Inc., 32 Colo. App. 320, 513 P.2d 220, 225 (1973). 2. Claims two, three, and four a. Colorado Constitution In claims two, three, and four, Vanderhurst alleges violations of the Colorado Constitution, Art. II, \u00a7\u00a7 10 and 25. Second Amended Complaint, \u00b6\u00b6 133, 138, and 144. Defendants state that they are entitled to summary judgment on claims two through four to the extent that Vanderhurst relies on 42 U.S.C. \u00a7 1983 to enforce rights under the Colorado Constitution. S.J. Brief, pp. 16-17. However, Vanderhurst does not rely on \u00a7 1983 to assert his state constitutional claims. Resp. p. 51. Thus, defendants are not entitled to summary judgment motion on this basis. However, defendants also seek summary judgment on claims two through four on the grounds that under the circumstances of this case, there is no implied cause of action arising directly from the state constitution agree. No statutory equivalent exists under Colorado state law to enforce the state constitution. Moreover, Colorado appellate courts have not recognized an implied cause of action to enforce the provisions of the Colorado Constitution. In Board of County Commissioners of Douglas County v. Sundheim, 926 P.2d 545 (Colo. 1996), the Court addressed whether \"this Court has the authority to recognize an implied damages action in cases where citizens allege that government entities have violated their state constitutional rights.\" Id. at 547. The Court concluded no such implied cause of action to enforce the Colorado Constitution should be recognized because: [w]hile it may be appropriate to recognize an implied state constitutional cause of action when there is no other adequate remedy, we agree with the approach taken by the court in Kelley that where other adequate remedies exist, no implied remedy is necessary. 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 13/22 Id. at 553 citing Kelley Property Development, Inc. v. Town of Lebanon, 226 Conn. 314, 627 A.2d 909 (1993). Here, Vanderhurst has adequate remedies available pursuant to \u00a7 1983 for violations of the United States Constitution and for breach of contract, including damages. Also, Vanderhurst could have included additional claims such as intentional interference with contractual relations. Under these circumstances decline to recognize an implied state constitutional cause of action. Sundheim, 926 P.2d at 553. Hence will grant defendants' motion for summary judgment on claims two through four to the extent they are based on the Colorado Constitution. b. Claim two \u2014 deprivation of constitutional rights \u2014 \u00a7 1983 \u2014 free speech and academic freedom Defendants also seek summary judgment on Vanderhurst's claim two for violation *1305 of \u00a7 1983 \u2014 deprivation of free speech and academic freedom. Vanderhurst argues that summary judgment for the defendant should not be granted because there are genuine issues of material fact to be determined before the First Amendment issue can be decided. 1305 The conduct upon which relies as the basis for Vanderhurst's suspension and termination is rife with sharply different and often contradictory \"facts\" relied upon and conclusions reached by and the Peer Review Committee. Clearly, these factual disputes, including the context in which the conduct should be viewed, affect the outcome of Vanderhurst's First Amendment claim. Thus, summary judgment on claim two is not appropriate with one exception. Vanderhurst's conduct in allowing sophomore students to address a freshman class regarding student evaluations of that class without his presence is not protected speech because cannot impute the students' speech to Vanderhurst. Research reveals no authority for this result. Thus conclude this conduct does not implicate the First Amendment. c. Claims three and four for violation of the Due Process Clause of the Fourteenth Amendment 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 14/22 Vanderhurst claims that CMC's sexual harassment policy (claim three) and Code of Ethics (claim four) (collectively, Policies) are vague and provided inadequate notice of prohibited conduct and, therefore, are unconstitutional disagree. In the First Amendment arena, vague laws offend three important values. First, they do not give individuals fair warning of what is prohibited. Second, lack of precise standards permits arbitrary and discriminatory enforcement. Finally, vague statutes encroach upon First Amendment freedoms by causing citizens to forsake activity protected by the First Amendment for fear it may be prohibited. Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972); see also, Hynes v. Mayor and Council of the Borough of Oradell, 425 U.S. 610, 620-22, 96 S.Ct. 1755, 48 L.Ed.2d 243 (1976); General Stores, Inc. v. Bingaman, 695 F.2d 502, 503 (10th Cir. 1982); Hejira Corp. v. MacFarlane, 660 F.2d 1356, 1365 (10th Cir. 1981). i. CMC's sexual harassment policy CMC's sexual harassment policy provides, in pertinent part: Sexual harassment occurs when unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature: . . . . . 3. Has the purpose or effect of interfering with an individual's education or work performance or creating an intimidating, hostile, or offensive educational or working environment Policy 60.1. Further, the Policy provides: The College recognizes its responsibility to make every practical effort to maintain a work and educational environment free of sexual harassment, intimidation, or both. For purposes of these regulations, examples of conduct which may constitute sexual harassment, and are outside the standards of professional conduct include, but are not limited to: 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 15/22 Id. at 60.2 3. Verbal abuse or kidding that is sex-oriented and considered offensive by another individual. This includes comments about an individual's body or appearance (where such comments go beyond a mere compliment), off-color jokes that are clearly unwanted or considered offensive by others, or any other tasteless, sex-oriented comments, innuendos, or offensive actions. . . . 5. Participation in fostering a work or educational environment that is generally intimidating, hostile, or offensive because of unwelcome or unwanted sexually oriented conversation, suggestions, requests, demand, physical contacts, or attention or displays [of] sexually oriented pictures, drawings, calendars or jokes. . . . Under the standards enunciated in Grayned, CMC's sexual harassment policy is not constitutionally vague. The policy contains *1306 definitions of pertinent words so that ordinary people can understand what conduct is prohibited and may act accordingly. Also, the specificity of the standards discourage arbitrary and discriminatory enforcement by those who apply the policies. 1306 ii. CMC's Code of Ethics CMC's Code of Ethics provides, in pertinent part 40 40.2 The educators [sic] objective is to move each student toward the realization of his or her potential as a person, and as an effective citizen. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals. In fulfilling this obligation to the student, the educator: A. Will not deliberately suppress or distort subject matter; 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 16/22 B. Will make reasonable effort to protect our students from conditions harmful to learning or to their health and safety; C. Will conduct professional business in such a way that the student is not exposed to unnecessary embarrassment or disparagement; D. Will not discriminate against any student in relation to participation in any College related programs; E. Will not use professional relationship with students for private or personal advantage; [lined through, Ex. 5 p. 2] F. Will keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. Ex. 5, pp. 1-2. Unlike its sexual harassment policy, the Code of Ethics does not contain detailed descriptions and lists of specific prohibited conduct. However, \"`the Constitution does not require impossible standards'; all that is required is that the language `conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices. . . .'\" Roth v. United States, 354 U.S. 476, 491, 77 S.Ct. 1304, 1 L.Ed.2d 1498(1957) (quoting United States v. Petrillo, 332 U.S. 1, 7-8, 67 S.Ct. 1538, 91 L.Ed. 1877(1947)). The Code of Ethics is written in plain language which is easily understandable and non-technical. Therefore, as a matter of law, CMC's sexual harassment policy and Code of Ethics are not unconstitutionally vague will grant defendants' summary judgment motion on claims three and four and deny Vanderhurst's cross-motion. 3. Claim seven for violation of the right to equal protection of the law Based on my analysis in section III. A(1), CMC's motion for summary judgment on claim seven is denied to the extent it is premised on the theory that an individual is not entitled to relief unless he is a member of a protected class. Moreover, Vanderhurst has submitted evidence that CMC's decision to terminate him was vindictive. See, e.g., Ex. AL, p. 137 Vice- 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 17/22 President Robert Evans referred to the Peer Review Committee as a \"peer protection committee\"); Ex. AM, p. 93 (adversarial relationship existed between Vanderhurst and the administration), p. 120 (Vanderhurst specifically excluded from hiring process for other veterinary technology faculty [Ex. P] because \"Vanderhurst needed to know he didn't have the authority anymore\"). Ex. 1, \u00b6\u00b6 8-10 (in response to a comment from an adjunct faculty member that there \"seemed to be a disease in the Vet Tech program administration Dr. Bayer laughed and responded that \"the diseased part should be cut off. . . . Just lop it off and get rid of the diseased part.\"); and Ex. AP, p. 88 administrator Evans stated one to two years before Vanderhurst's termination that \"all the problems in the veterinary technology program would be solved if Vanderhurst was terminated\"). Also, Vanderhurst presents evidence that other similarly situated professors and instructors were treated differently. For example, there is evidence that Van Dyne used vulgar words in her classroom before and *1307 after Vanderhurst was placed on suspension and recommended for termination. Def. Exs. H, pp. 253, 348; S; T; and AN. And, after Vanderhurst's suspension, an offensive photocopy was posted in the classroom of his successor without any complaints made or action taken. Def. Ex. AI, pp. 42, 48. Under these circumstances will deny defendants' summary judgment on claim seven. 1307 4. Claim eight for copyright infringement Defendants seek summary judgment on Vanderhurst's claim eight for copyright infringement will grant the motion. Although more broadly defined in his Second Amended Complaint, see \u00b6\u00b6 69-71, 164, in Vanderhurst's summary judgment response brief, he narrowed the scope of claim eight for copyright infringement to pertain solely to the \"Veterinary Technology Outline\" (Outline) . . . initially published in the spring of 1995. Resp. p. 70. The Copyright Act of 1976 (Act) provides that copyright ownership \"vests initially in the author or authors of the work.\" 17 U.S.C. \u00a7 201(a). The Act creates an important exception for \"works made for hire.\" Community for Creative Non-Violence v. Reid, 490 U.S. 730, 737, 109 S.Ct. 2166, 104 L.Ed.2d 811 (1989). If the work is for hire, \"the employer or other person for whom 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 18/22 17 U.S.C. \u00a7 101. Defendants do not contend that the Outline falls within \u00a7 101(2). the work was prepared is considered the author\" and owns the copyright, unless there is a written agreement to the contrary. \u00a7 201(b). Pursuant to \u00a7 101, a work is \"for hire\" when: (1) a work is prepared by an employee within the scope of his or her employment; or (2) a work is specially ordered or commissioned for use as . . . an instructional test or . . . as answer material for a test . . . if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The question, then, is whether the Outline is a \"work prepared by an employee within the scope of his or her employment\" under \u00a7 101(1). The Act does not define these terms. However, in Reid, the Court applied agency law to the Act. Id. at 751, 109 S.Ct. 2166. (agency principles applicable to determine employment status and whether disputed work within scope of employment). The term \"scope of employment\" has been defined as: those acts which are so closely connected with what the servant is employed to do, and so fairly and reasonably incidental to it, that they may be regarded as methods . . . of carrying out the objectives of the employment. Restatement (Second) Agency \u00a7\u00a7 228-229; United States v. Smith, 810 F.2d 996 (10th Cir. 1987). Other factors which may be considered are whether: 1) it is the kind of work the person is employed to perform; 2) the work occurs substantially within work hours; and 3) the work is actuated, at least in part, by a purpose to serve the employer. Restatement (Second) Agency, \u00a7 228; Nimmer on Copyright pp. 5-33 (1997). Here, Vanderhurst alleges that the outlines were created \"in the course of teaching at CMC.\" Second Amended Complaint, \u00b6 69. Further policy \u00a7 110.1 states that a faculty member's duties include \"professional service 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 19/22 activities [including], but not limited to, course, program and curriculum development [and] course preparations. . . .\" Def. Ex. 20. It is undisputed that Vanderhurst prepared the Outline on his own time with his own materials. However, there is no genuine dispute that Vanderhurst's creation of the Outline was connected directly with the work for which was employed to do and was fairly and reasonably incidental to his employment. Further, creation of the Outline may be regarded fairly as one method of carrying out the objectives of his employment. See, Restatement (Second) Agency, \u00a7 228 conclude, therefore, that pursuant to the \"work for hire\" doctrine, as of 1995, any copyright remaining in the Outline did not belong to Vanderhurst. Thus will grant defendants' motion for summary judgment on claim eight. *1308 1308 Based on my rulings, the claims remaining for trial are claims one, two, and seven. Accordingly that: 1. defendants' motion to dismiss claims five and six is as moot; 2. defendants' motion to dismiss claim seven for deprivation of the constitutional right to equal protection under 42 U.S.C. \u00a7 1983 is DENIED; 2. defendants' motion to strike certain allegations of the Second Amended Complaint is DENIED; 3. defendants' motion for summary judgment on claim one for breach of contract is DENIED; 4. defendants' motion for summary judgment on claims two, three, and four is to the extent the claims are based on the Colorado Constitution; 5. defendants' motion for summary judgment on claim two for deprivation of free speech and academic freedom is and PART; 6. defendants' motion for summary judgment on claim three pursuant to 42 U.S.C. \u00a7 1983 for violation of the due process clause of the Fourteenth 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 20/22 Amendment based on defendants' sexual harassment policy is GRANTED; 7. defendants' motion for summary judgment on claim four pursuant to 42 U.S.C. \u00a7 1983 for violation of the due process clause of the Fourteenth Amendment based on defendants' Code of Ethics is GRANTED; 8. defendants' motion for summary judgment on claim seven pursuant to 42 U.S.C. \u00a7 1983 for violation of the right to equal protection is DENIED; 9. defendants' motion for summary judgment on claim eight for copyright infringement is GRANTED; and 10. plaintiff's cross-motion for summary judgment on claims three and four is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 21/22 Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:47 Vanderhurst v. Colorado Mountain College Dist., 16 F. Supp. 2d 1297 | Casetext Search + Citator 22/22"} |
7,802 | Richard A. Penn | University of Northern Iowa | [
"7802_101.pdf",
"7802_102.pdf",
"7802_103.pdf"
] | {"7802_101.pdf": "v (1998) Supreme Court of Iowa. Richard A. PENN, Appellant, v REGENTS, University of Northern Iowa, Paul Uselding, Betty Anderson, Constantine Curris, James Martin, Lora Rackstraw, Leander Brown, Susan Saltberg, and Jennifer Davis, Appellees. Richard A. PENN, Appellant, v. Catherine COLE, Appellee. No. 95-1239. Decided: March 25, 1998 Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and TERNUS, JJ. Larry J. Cohrt of Swisher & Cohrt, P.L.C., Waterloo, and Jay P. Roberts of Beecher, Rathert, Roberts, Field, Walker & Morris, P.C., Waterloo, for appellant. Gene Yagla and Karla J. Shea of Yagla, McCoy & Riley, P.L.C., Waterloo, for appellee Catherine Cole. Thomas J. Miller, Attorney General, and Gordon E. Allen, Deputy Attorney General, for remaining appellees. The plaintiff, a former university professor, appeals from the summary judgment rulings dismissing his separate lawsuits against a former student and various university defendants. The two cases were consolidated on appeal. We conclude all of the claims against the university defendants are barred by claim preclusion and affirm the summary judgment ruling in their favor. As to the claims against the student, we find all claims are barred by issue preclusion or the statute of limitations, except for the malicious prosecution claim, and affirm in part and reverse in part. I. Facts and Background Proceedings. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:48 v (1998) | FindLaw 1/14 This case stems from a sexual harassment claim filed by defendant Catherine Cole against plaintiff Richard Penn. At the time, Cole was a student and Penn was a professor at the University of Northern Iowa (UNI). Penn allegedly sexually harassed Cole following an awards banquet in April 1989. Cole filed a sexual harassment complaint with on May 10, 1989. Following a hearing on May 24, 1989, a committee found Penn guilty of harassment. Penn appealed, and the committee's findings were accepted by the president of UNI, and then by the Board of Regents on September 22, 1989. Penn filed a petition for judicial review with the district court challenging the Board's affirmance. While the petition was pending, the Board reversed its decision on November 14, 1990. The Board then filed a motion to dismiss the petition for judicial review, and, on December 12, 1990, the district court granted the motion and dismissed the petition as moot. On December 20, 1991, Penn filed a complaint in federal district court against the Board, UNI, various university personnel, and Cole. (We will refer to the Board and the various university personnel collectively as \u201cthe University.\u201d) Cole was never served with the complaint and did not litigate her interests. Penn sought recovery for the deprivation of his constitutional and civil rights under 42 U.S.C. \u00a7\u00a7 1983 and 1985 for the handling of Cole's administrative complaint. He alleged the defendants conspired to discredit him and treated him differently than other professors. No state law claims were alleged. The University filed a motion to dismiss, arguing, in part, the two-year statute of limitations under Iowa Code section 614.1(2) (1989) had run. On April 9, 1992, the federal district court dismissed the suit based upon the running of the statute of limitations and Penn's failure to resist the motion to dismiss. Penn appealed and the decision was upheld on July 9, 1993. Penn v. Iowa State Bd. of Regents, 999 F.2d 305 (8th Cir.1993). The Eighth Circuit Court of Appeals found the last act of deprivation of due process and equal protection occurred on September 22, 1989, the date the Board upheld the president's decision, more than two years prior to the filing of the complaint. Id. at 307. It also determined the complaint failed to state a claim for malicious prosecution under Iowa law because probable cause existed for the investigation of Cole's administrative complaint and the subsequent hearing. Id. While the federal case was on appeal, Penn filed a petition in state court against Cole and the University on November 16, 1992, alleging six counts: count I, various constitutional violations; count II, malicious prosecution; count III, abuse of process; count IV, slander; count V, invasion of right of privacy; and count VI, intentional infliction of emotional trauma. The University was later dismissed from the case because Penn did not comply with the statutory requirements of Iowa Code chapter 669 (1991) (Tort Claims Act); only Cole remained as a defendant. On November 19, 1993, Penn filed another petition against the University alleging the same six counts as contained in his petition against Cole and count VII, breach of contract. The factual allegations and 2/27/25, 7:48 v (1998) | FindLaw 2/14 constitutional claims in these state law petitions are nearly identical to the complaint filed in federal court. The University and Cole filed motions for summary judgment. On June 16, 1995, the district court sustained both motions. Regarding the University's motion, the court concluded sovereign immunity, pursuant to Iowa Code section 669.14(4), barred counts through VI. It granted summary judgment on counts I, II, and based upon the doctrines of claim and issue preclusion because of the federal action. The court also found counts through were barred by the statute of limitations based upon the federal court's determination that Penn's claims accrued on or before September 22, 1989. Regarding Cole's motion, it found summary judgment was proper based upon claim and issue preclusion. Penn appealed both cases. We consolidated the appeals and granted a limited remand to correct certain procedural irregularities. On March 5, 1996, the district court again granted Cole summary judgment based upon claim and issue preclusion. II. Arguments of the Parties. On appeal, Penn argues the district court erred in sustaining Cole's motion for summary judgment because (1) res judicata does not apply because the federal court never reached the merits of the claims and Cole was not a party to the federal action, and (2) the federal court's decision regarding the statute of limitations only addressed the \u00a7\u00a7 1983 and 1985 claims, not the malicious prosecution and abuse of process claims which were filed within two years of the dismissal of his petition for judicial review. Penn also claims the trial court erroneously sustained the University's motion for summary judgment. He concedes counts through are barred by sovereign immunity for the Board and UNI, but not the individual defendants. He also contends his petition is not precluded by res judicata or the statute of limitations. Cole and the University argue Penn was required to assert all of his claims in the federal action; therefore, his claims are barred under the doctrines of claim and issue preclusion. Additionally, Cole asserts Penn's claims are also barred by the statute of limitations. The University alternatively contends counts through are barred by sovereign immunity, and the exclusive remedy for count VII, the contract claim, is judicial review because it involves an agency action. III. Scope of Review. This court reviews a summary judgment ruling for error of law. Shriver v. City of Okoboji, 567 N.W.2d 397, 400 (Iowa 1997). Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Id. The court reviews the record before the district court to determine whether an issue of material fact exists, and if not, whether the district court properly applied the law. Id. The facts are reviewed in the light most favorable to the nonmoving 2/27/25, 7:48 v (1998) | FindLaw 3/14 party. Id summary judgment ruling may be sustained on any alternative ground presented to the district court. Regent Ins. Co. v. Estes Co., 564 N.W.2d 846, 848 (Iowa 1997). IV. Applicable Law. A. Issue Preclusion. Issue preclusion, or collateral estoppel, \u201cprevents a party to a prior action in which a judgment has been rendered from relitigating in a subsequent action issues raised and resolved in the previous action.\u201d Brown v. Kassouf, 558 N.W.2d 161, 163 (Iowa 1997). The doctrine serves a dual purpose: (1) it protects litigants from the \u201c \u2018vexation of relitigating identical issues with identical parties or those persons with a significant connected interest to the prior litigation,\u2019 \u201d and (2) it prevents unnecessary litigation thereby furthering the interest of judicial economy and efficiency. American Family Mut. Ins. Co. v. Allied Mut. Ins. Co., 562 N.W.2d 159, 163 (Iowa 1997) (quoting State ex rel. Casas v. Fellmer, 521 N.W.2d 738, 740-41 (Iowa 1994)). Four prerequisites must be established for issue preclusion to apply: (1) the issue determined in the prior action and the present issue are identical; (2) the issue was raised and litigated in the prior action; (3) the issue was material and relevant to the prior action's disposition; and (4) the determination made of the issue in the prior action was necessary and essential to the resulting judgment. American Family, 562 N.W.2d at 163-64; Brown, 558 N.W.2d at 163. Additionally, a status test must also be met-there must be mutuality of parties (the parties must be the same) or there must be privity \u201cbetween the party against whom issue preclusion is invoked and the party against whom the issue was decided in the first litigation.\u201d Brown, 558 N.W.2d at 163 \u201cprivy\u201d for purposes of this doctrine is \u201c \u2018one who, after rendition of the judgment, has acquired an interest in the subject matter affected by the judgment through or under one of the parties, as by inheritance, succession, or purchase.\u2019 \u201d Id. (quoting Goolsby v. Derby, 189 N.W.2d 909, 914 (Iowa 1971)). This status test is not required where issue preclusion is invoked defensively if the party against whom the issue preclusion is invoked was \u201c \u2018so connected in interest with one of the parties in the former action as to have had a full and fair opportunity to litigate the relevant claim or issue and be properly bound by its resolution.\u2019 \u201d Id. (quoting Opheim v. American Interinsurance Exch., 430 N.W.2d 118, 120 (Iowa 1988)). B. Claim Preclusion. In contrast to issue preclusion, claim preclusion is a bar to further litigation of a claim following a final adjudication or judgment on the merits Asphalt Co. v. T.S. McShane Co., 242 N.W.2d 279, 286 (Iowa 1976). Claim preclusion, however, forwards similar purposes of judicial economy and efficiency: it prevents piecemeal litigation by requiring a party to try the entire claim or defense in the case at trial. Id. Therefore, a party must litigate all matters growing out of the claim, and claim preclusion will apply \u201cnot only to matters actually determined in an earlier action but to all relevant matters that could have 2/27/25, 7:48 v (1998) | FindLaw 4/14 been determined.\u201d Shumaker v. Iowa Dep't of Transp., 541 N.W.2d 850, 852 (Iowa 1995); see also Asphalt Co., 242 N.W.2d at 286. Identity of the parties is another fundamental feature of this doctrine. Selchert v. State, 420 N.W.2d 816, 818 (Iowa 1988). Insufficient identity of the parties will defeat its application. Id. Therefore, the use of claim preclusion is only applicable to parties and their privies to the prior judgment. Riley v. Maloney, 499 N.W.2d 18, 20 (Iowa 1993). The definition of privity is identical to that used for issue preclusion. See id. With these general principles to guide us, we now turn to the claims against Cole and the University. V. Claims against Cole. Due to the prior federal court judgment, the district court granted Cole summary judgment based upon the doctrines of claim and issue preclusion. A. Claim Preclusion. We find Cole cannot assert claim preclusion to bar Penn's claims. As previously stated, claim preclusion applies to parties or their privies. Cole was never served with the federal complaint, and did not participate in the federal litigation. She cannot now claim she was a party to that prior litigation. See Gulf Island-IV, Inc. v. Blue Streak-Gulf OPS, 24 F.3d 743, 746-47 (5th Cir.1994); Coppotelli v. Insurance Co. of N. Am., 631 F.2d 146, 149-50 (2d Cir.1980). Cole is also not in privity with the University: she has no direct affiliation with the University and has not acquired an interest in the subject matter affected by the judgment through or under the University, as by inheritance, succession or purchase. See Brown, 558 N.W.2d at 163 common interest in a prior judgment alone is not sufficient to establish privity. The district court erred in finding claim preclusion barred Penn's claims against Cole. B. Issue Preclusion. Unlike claim preclusion, issue preclusion does not require mutuality of parties if it is being invoked defensively against a party so connected to the former action as to be bound by that resolution. Brown, 558 N.W.2d at 163. \u201cDefensive use\u201d means: \u201c[A] stranger to the judgment [in the former action], ordinarily the defendant in the second action, relies upon [that] judgment as conclusively establishing in his favor an issue which he must prove as an element of his defense.\u201d Id. at 164 (quoting Hunter v. City of Des Moines, 300 N.W.2d 121, 123 (Iowa 1981)). In this case, Cole is attempting to use the federal case defensively to prove the statute of limitations has run on all causes of action and the facts do not support a malicious prosecution claim. Therefore, mutuality is not required; however, Cole must meet the other requirements for this doctrine to apply. 2/27/25, 7:48 v (1998) | FindLaw 5/14 Penn argues the prior federal court judgment does not bar a subsequent suit because the federal dismissal was based upon the statute of limitations and did not constitute an adjudication on the merits. He appears to be attacking the traditional prerequisite that the prior judgment or adjudication be valid and final. See Goolsby v. Derby, 189 N.W.2d 909, 913, 916 (Iowa 1971). We have previously held that a dismissal based upon the running of the statute of limitations is an \u201cadjudication\u201d for purposes of claim preclusion. State ex rel. Iowa Dep't of Human Servs. v. Mundie, 436 N.W.2d 60, 61 (Iowa 1989). Other courts are in accord. See Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc., 870 F.2d 1044, 1046 (5th Cir.1989); Myers v. Bull, 599 F.2d 863, 865 (8th Cir.1979); Nitz v. Nitz, 456 N.W.2d 450, 452 (Minn.Ct.App.1990). See generally 18 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure \u00a7 4441, at 366-69 (1984 & Supp.1997) [hereinafter Wright]. We find a dismissal on statute of limitations grounds is a final and valid judgment for purposes of issue preclusion. Although dismissals on such grounds can create problems in the application of preclusion principles when the second action is brought in a different court or involves separate but closely related claims, see 18 Wright \u00a7 4441, at 366; Austin v. Super Valu Stores, Inc., 31 F.3d 615 (8th Cir.1994), we are not confronted with any complex choice of law issues in this case. The federal court clearly applied the Iowa two-year statute of limitations for personal injury actions. See Penn, 999 F.2d at 307. Penn is bound by the federal court's final determination that the constitutional claims accrued on September 22, 1989. Penn's petition was not filed against Cole until November 16, 1992; therefore, his constitutional claims are barred by the statute of limitations. Although the federal court addressed the malicious prosecution claim on the merits, that court only considered that claim as it related to the University. The federal court did not determine whether there was a valid claim against Cole. Therefore, Cole cannot use issue preclusion to bar the malicious prosecution claim against her because that issue was never actually litigated, a fundamental requirement in the issue preclusion analysis. Similarly, the remaining state law claims were also not raised in federal court, and the federal court did not specifically address the statute of limitations for each of those claims. Therefore, issue preclusion does not apply to these claims. We find issue preclusion supports the granting of summary judgment on the constitutional claims, but not on the remaining state law claims. C. Statute of Limitations. Cole argues that even if we do not apply issue or claim preclusion, the statute of limitations on the state law claims has run. Cole also raised this claim before the district court in her motion for summary judgment. Although we disagree with the grant of summary judgment based on claim and 2/27/25, 7:48 v (1998) | FindLaw 6/14 issue preclusion, the motion may nonetheless be sustained on the alternative ground presented to the district court. See Regent Ins. Co., 564 N.W.2d at 848. Pursuant to Iowa Code section 614.1(2) (1991), the statute of limitations for these causes of actions is two years. As Cole points out, the November 1, 1992 petition alleges facts which occurred in 1989 and 1990. Penn argues the abuse of process and malicious prosecution claims accrued on December 12, 1990, the date of the dismissal of the judicial review petition. All of Cole's alleged action or conduct occurred in 1989; Penn did not allege any specific act by her after the May 24, 1989 hearing. Because Penn does not allege any conduct by Cole after May 1989 or any fact which would support that she was involved in any subsequent action taken by the University to support a conspiracy theory, the claims for slander, invasion of right of privacy, and intentional infliction of emotional trauma are barred by the statute of limitations. Turning to the abuse of process claim, we note that the general rule is the statute of limitation commences from \u201cthe termination of the acts which constitute the abuse complained of, and not from the completion of the action in which the process issued.\u201d J.A. Bock, Annotation, When Statute of Limitations Begins to Run Against Action for Abuse of Process, 1 A.L.R.3d 953, 954 (1965 & Supp.1997); see also Strutz v. McNagny, 558 N.E.2d 1103, 1106 (Ind.Ct.App.1990). Contrary to Penn's contentions, his claim for abuse of process commenced from the date Cole committed her last alleged act constituting abuse of process, not the date the petition for judicial review was dismissed. Cole filed her sexual harassment complaint on May 10, 1989 and she testified at the hearing on May 24, 1989. Penn did not file his petition until November 16, 1992. His abuse of process claim is barred malicious prosecution claim, however, does not accrue until the proceedings upon which the action is based are terminated in favor of the defendant. See Wolfe v. Murphy, 113 F.2d 775, 776-77 (8th Cir.1940); Mills County State Bank v. Roure, 291 N.W.2d 1, 3-4 (Iowa 1980). Although the Board voluntarily dismissed the claim against Penn and expunged the records on November 14, 1990, the petition for judicial review challenging the Board's initial determination was not dismissed until December 12, 1990. Therefore, proceedings upon which the action is based was not terminated until December 12, 1990. Penn's malicious prosecution claim was timely filed. In summary, we affirm the summary judgment ruling on all of the claims against Cole, except the malicious prosecution claim. We do not address the merits of the malicious prosecution claim as that issue is not properly before us at this juncture. VI. Claims against the University. In the federal suit, Penn raised \u00a7 1983 and \u00a7 1985 constitutional claims based upon the malicious prosecution of the sexual harassment complaint. In the state action, Penn raises numerous claims 2/27/25, 7:48 v (1998) | FindLaw 7/14 based upon the same facts-the prosecution of the sexual harassment claim. All of these claims stem from the same facts and evidence alleged in the federal law suit. In fact, the petitions are nearly identical, save the added state law claims. This case is controlled by Shumaker v. Iowa Department of Transportation, 541 N.W.2d 850 (Iowa 1995). Shumaker filed a federal claim alleging employment discrimination and sexual harassment by the Iowa Department of Transportation and her supervisors. Shumaker, 541 N.W.2d at 851. She also pleaded her state law remedy under Iowa Code chapter 601A (1989). Id. The federal court granted Shumaker relief for her Title claims, but dismissed her claim under chapter 601A as moot because she conceded \u201c \u2018an action under \u2024 [chapter] 601A is not permitted under the facts of this case and the Eleventh Amendment.\u2019 \u201d Id. Shumaker later filed a petition against the same defendants in state court, alleging the same Title and chapter 601A violations, as well as some added tort and contract claims. Id. at 852. We determined Shumaker abandoned her state claim in federal court, she failed to seek an adjudication under the court's pendent jurisdiction,1 and her state action was barred by claim preclusion. Id. at 854- 55. We stated \u201c[c]laim preclusion applies not only to matters actually determined in an earlier action but to all relevant matters that could have been determined.\u201d Id. at 852 (emphasis added). However, claim preclusion does not apply if the claim could not have been presented in the first action based upon subject matter jurisdiction limitations. Id. Shumaker endorsed the position set forth in the Restatement (Second) of Judgments that if the court in the first action would clearly not have had jurisdiction to entertain the omitted theory or ground (or, having jurisdiction, would clearly have declined to exercise it as a matter of discretion), then a second action in a competent court presenting the omitted theory or ground should be held not precluded. Id. at 854 (quoting Restatement (Second) of Judgments \u00a7 25 cmt. e (citation omitted) (emphasis added)). As in Shumaker, claim preclusion applies to Penn's state law claims because he should have raised them in the federal action and requested the federal court to exercise supplemental jurisdiction. Although it is unknown whether the federal court would have exercised supplemental jurisdiction, as we noted in Shumaker, \u201c[a]ny doubts concerning the federal court's exercise of pendent jurisdiction should be resolved in favor of joinder.\u201d Id. We find Penn's allegations that he did not gain access to certain documents until June 7, 1991 insignificant to our analysis. He filed his federal claim on January 3, 1992, well after discovery of any unknown causes of action. The district court did not err in granting summary judgment based upon claim preclusion. 2/27/25, 7:48 v (1998) | FindLaw 8/14 Because we have resolved all of the claims against the University on the ground of claim preclusion, it is unnecessary to address the parties' alternative theories and arguments. VII. Disposition. We affirm the grant of summary judgment for the University. We affirm the grant of summary judgment for Cole on all claims except the malicious prosecution claim. We remand the case to the district court for further proceedings on that claim 1. Shumaker was decided under the doctrine of pendent jurisdiction rather than the current supplemental jurisdiction statute. Shumaker, 541 N.W.2d at 853 n. 1 CURIAM. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/27/25, 7:48 v (1998) | FindLaw 9/14 Go to Learn About the Law v (1998) Docket No: No. 95-1239. Decided: March 25, 1998 Court: Supreme Court of Iowa. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:48 v (1998) | FindLaw 10/14 \uf105Law Students Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Get email updates from FindLaw Legal Professionals 2/27/25, 7:48 v (1998) | FindLaw 11/14 Enter your email address to subscribe * Indicates required field Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 Email * \uf105 2/27/25, 7:48 v (1998) | FindLaw 12/14 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 7:48 v (1998) | FindLaw 13/14 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:48 v (1998) | FindLaw 14/14", "7802_102.pdf": "Richard A. Penn, Appellant, v. Iowa State Board of Regents; University of Northern Iowa;paul Uselding; Betty Anderson; Catherine Cole;constantine Curris; James Martin; Lora Rackstraw; Leanderbrown; Susan Salterberg; Jennifer Davis, Appellees, 999 F.2d 305 (8th Cir. 1993 Court of Appeals for the Eighth Circuit - 999 F.2d 305 (8th Cir. 1993) Submitted Feb. 17, 1993. Decided July 9, 1993. Rehearing Denied Aug. 4, 1993 Larry J. Cohrt, Waterloo, IA, argued (Jay P. Roberts, on the brief), for appellant. John M. Parmeter, Asst. Atty. Gen., Des Moines, IA, argued, for appellees. Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge. BEAM, Circuit Judge. Richard A. Penn (Penn) appeals the district court's dismissal of his 42 U.S.C. \u00a7\u00a7 1983 and 1985 claims. We affirm. 1 2/27/25, 7:48 Richard A. Penn, Appellant, v. Iowa State Board of Regents; University of Northern Iowa;paul Uselding; Betty Anderson; Catherine \u2026 1/4 On May 10, 1989, a student formally accused Penn, who was then a professor at the University of Northern Iowa, of sexual harassment. After a hearing, a University committee found that Penn had harassed the student. Penn appealed to the president of the University and, subsequently, to the Iowa State Board of Regents. The president accepted the hearing committee's findings. On September 22, 1989, the Board of Regents affirmed the president's decision. Penn then filed for state judicial review of the University's finding against him. On November 14, 1990, the Board of Regents reversed its prior decision and expunged all records relating to the harassment claim from Penn's personnel file. The Iowa court then dismissed Penn's action as moot since he no longer worked for the University and his record had been cleared. On December 20, 1991, two years and three months after the Board of Regents' final decision to reprimand him, Penn filed this action. His complaint alleges that the University's investigation of the sexual harassment charge against him was the result of a conspiracy to discredit him and that the University hearing process violated his Fourteenth Amendment rights to due process and equal protection. On January 3, 1992, Penn amended his complaint, setting forth more factual allegations but not amending his theory of the case. Penn also alleged that the University treated him differently than similarly accused professors. On January 31, 1992, appellees filed a motion to dismiss based on, among other grounds, the applicable statute of limitations. Under the local rules of the district court, Penn had fourteen days within which to file a resistance to the motion. Iowa Rules of Court, State and Federal, Rule 14(f). Under this local rule, an unresisted motion may be granted fourteen days after it is filed. Local Rule 14(f). The district court waited ten weeks for Penn to oppose the motion to dismiss. Penn never filed a resistance. On April 9, 1992, the district court granted the motion to dismiss and entered judgment for the appellees, citing both the statute of limitations and Local Rule 14(f). Penn appealed. We ordered Penn to show cause why we should not summarily affirm the district court's judgment on the basis of his failure to comply with Local Rule 14(f). On appeal, Penn does not dispute the applicable statute of limitations, but disputes the district court's determination of when the statute began to run. He argues that his complaint states a cause of action for malicious prosecution. If that were true, he contends his cause of action would accrue on December 12, 1990, the date of the Iowa state court's decision mooting his state court action rather than on September 22, 1989, the date of the Board of Regent's final decision affirming his reprimand. In order to make this argument, Penn first asks that this court excuse his failure to oppose appellees' motion to dismiss. Then, he asks this court to retroactively amend his complaint for him, importing into it a claim for malicious prosecution. 2 3 4 5 2/27/25, 7:48 Richard A. Penn, Appellant, v. Iowa State Board of Regents; University of Northern Iowa;paul Uselding; Betty Anderson; Catherine \u2026 2/4 We find Penn's failure to oppose appellees' motion to dismiss problematic. District courts have the duty and power to manage their dockets and we will not intervene in the absence of an abuse of discretion. Janousek v. French, 287 F.2d 616 (8th Cir. 1961). The district court, in an exercise of obvious restraint, waited eight weeks beyond a clear and unambiguous filing deadline before dismissing Penn's complaint. We do not decide this issue of abuse of discretion, however, because of the district court's alternative holding. The district court correctly ruled that Penn's amended complaint was barred by the statute of limitations. When considering a motion to dismiss for failure to state a claim, a court must accept the factual allegations in the complaint as true, and may not consider evidence outside the complaint. Cruz v. Beto, 405 U.S. 319, 322, 92 S. Ct. 1079, 1081, 31 L. Ed. 2d 263 (1972). Therefore, to survive the motion to dismiss, Penn's complaint must allege all the necessary elements showing he is entitled to relief. Although complaints are to be liberally construed, they may be dismissed where it appears beyond a reasonable doubt that the plaintiff can prove no set of facts which entitles him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99, 102, 2 L. Ed. 2d 80 (1957 necessary element of a malicious prosecution claim is that the prosecution be without probable cause. Wilson v. Hayes, 464 N.W.2d 250, 259 (Iowa 1990). Penn nowhere alleges that the student's complaint did not give the staff of the University cause to investigate or to hold a hearing. In fact, the allegations in his complaint show beyond a reasonable doubt that he is not entitled to relief. The complaint alleges that there was a field trip to New Orleans, Penn was a chaperon, one of Penn's students got very drunk, Penn accompanied her back to the hotel, they were alone together, and the student subsequently complained that Penn had kissed her during this incident. No clearer case of probable cause to investigate an allegation of sexual harassment could be made. Probable cause defeats a malicious prosecution action, even if the plaintiff shows malice. See id. at 259. Therefore, Penn's argument must fail. Penn's complaint not only fails to state a claim for malicious prosecution but facially demonstrates that he cannot state such a claim. On the face of the complaint, the last act of deprivation of due process and equal protection of which Penn complains occurred September 22, 1989, more than two years before Penn filed this action. The parties agree that the applicable statute of limitations for section 1983 and section 1985 claims is the two-year Iowa statute of limitations for personal injury. See Wilson v. Garcia, 471 U.S. 261, 264-65, 105 S. Ct. 1938, 1941, 85 L. Ed. 2d 254 (1985). The district court therefore properly dismissed Penn's section 1983 and section 1985 actions as time-barred. For the reasons stated above we affirm the district court's judgment. 6 2/27/25, 7:48 Richard A. Penn, Appellant, v. Iowa State Board of Regents; University of Northern Iowa;paul Uselding; Betty Anderson; Catherine \u2026 3/4 1 The Honorable Edward J. McManus, Senior District Judge, United States District Court for the Northern District of Iowa 2 Penn had been informed that his contract would not be renewed prior to these events 3 Penn has since acquiesced to appellees' contention that the University and the Board of Regents are not \"persons\" who may be sued for the purposes of either section 1983 or section 1985. Neither party alleges that the staff of the University, in their individual capacities, is exempt from either section 4 Appellees also argued to the district court that Penn could not state a claim under section 1985 because he did not and could not make the necessary allegation that he is a member of a protected class. On appeal Penn attempts to satisfy the protected class requirement by arguing that he is a \"whistleblower.\" Because Penn did not raise this allegation before the district court, and because we find the statute of limitations bars any conspiracy action under section 1985, we do not consider either appellees' or Penn's arguments on this point 5 As cause for his failure to oppose appellees' motion to dismiss, Penn offers counsel's busy schedule, the confusion attending the elevation of Judge Hansen, the judge originally assigned the case, and the assumption that the motion to dismiss would not be considered for some time. We do not find these excuses persuasive 6 The core of Penn's grievance, as stated in his amended complaint, is that the process he received was flawed and uneven, not that the situation merited no action whatsoever by the University Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/27/25, 7:48 Richard A. Penn, Appellant, v. Iowa State Board of Regents; University of Northern Iowa;paul Uselding; Betty Anderson; Catherine \u2026 4/4", "7802_103.pdf": "Downloads It started with an email from an unknown sender with the subject line, \u201cRead this and be smart.\u201d When the victim opened the email, she found sexually explicit photos of herself attached and information that detailed where she worked. Following that were details of her personal life: her husband and her three kids. And there was a demand. The demand made this hack different: This computer intrusion was not about money. The perpetrator wanted a pornographic video of the victim. And if she did not send it within one day, he threatened to publish the images already in his possession, and \u201clet [her] family know about [her] dark side.\u201d If she contacted law enforcement, he promised he would publish the photos on the Internet too. Later in the day, to underscore his seriousness, the hacker followed up with another email threatening the victim: \u201cYou have six hours.\u201d Sextortion: Cybersecurity, teenagers, and remote sexual assault 1 2 Sextortion: Cybersecurity, teenagers, and remote sexual assault Benjamin Wittes, Cody Poplin, Quinta Jurecic, and Clara Spera May 11, 2016 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 1/67 This victim knew her correspondent only as [email protected], but the attacker turned out to be a talented 32-year-old proficient in multiple computer languages. Located in Santa Ana, California, his name was Luis Mijangos. On November 5, 2009, [email protected] sent an email to another woman with the subject line: \u201cwho hacked your account it!!!\u201d In the email, Mijangos attached a naked photo of the victim and told her \u201cim [sic] in control of your computers right now.\u201d Mijangos had other identities too: Some emails came from [email protected]; sometimes he was [email protected]. According to court records in his federal criminal prosecution, Mijangos used at least 30 different screen names to avoid detection. But all emails came from the same address in Santa Ana. Law enforcement authorities investigating the emails soon realized that the threatening communications were part of a larger series of crimes. Mijangos, they discovered, had tricked scores of women and teenage girls into downloading malware onto their computers. The malicious software he employed provided access to all files, photos, and videos on the infected computers. It allowed him to see everything typed on their keyboards. And it allowed him to, at will, turn on any web camera and microphone attached to the computer, a capability he used to watch, listen, and record his victims without their knowledge. He kept detailed files on many of his victims, at times gathering information for more than a month, and filling his files with information he could later use to manipulate his victims. Mijangos used a keylogger \u2013 a tool that allowed him to see everything typed on a computer \u2013 to track whether the victims told friends and family or law enforcement about his scheme. And if they did, he would then threaten them further, notifying them that he knew they had told someone. The malware Mijangos wrote was sophisticated, and he told federal authorities that he designed it specifically to be undetectable to antivirus programs. In some cases, he tricked victims into creating pornographic images and videos by assuming the online identity of the victims\u2019 boyfriends. He then, according to court documents, \u201cused [those] intimate images or videos of female victims he stole or captured to \u2018sextort\u2019 those victims, threatening to post those images or videos on the 3 4 5 6 7 8 9 10 11 12 13 14 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 2/67 Internet unless the victims provided more.\u201d ( Mijangos\u2019s threats were not idle. In at least one case, he posted nude photos of a victim on the Myspace account of a friend of the victim, which Mijangos had also hacked, after she refused to comply with his demands. To make matters worse, Mijangos also used the computers he controlled to spread his malware further, propagating to the people in his victims\u2019 address books instant messages that appeared to come from friends and thereby inducing new victims to download his malware. In all, federal investigators found more than 15,000 webcam-video captures, 900 audio recordings, and 13,000 screen captures on his computers. Mijangos possessed files associated with 129 computers and roughly 230 people. Of those, 44 of his victims were determined to be minors. His scheme reached as far away as New Zealand. The videos he surreptitiously recorded showed victims in various states of undress, getting out of the shower, and having sex with partners. In addition to the intimate 15 16 17 18 19 20 21 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 3/67 material he seized from victims\u2019 computers, federal authorities also found credit card and other online account information consistent with identity theft. He sometimes passed this information along to co-conspirators around the world. Mijangos\u2019 actions constitute serial online sexual abuse\u2014something, we shall argue, akin to virtual sexual assault. As the prosecutor said in the case, Mijangos \u201cplay[ed] psychological games with his victims\u201d and \u201csome of his victims thoroughly feared him and continued to be traumatized by his criminal conduct.\u201d One victim reported feeling \u201cterrorized\u201d by Mijangos, saying that she did not leave her dorm room for a week after the episode. His victims reported signs of immense psychological stress, noting that they had \u201ctrouble concentrating, appetite change, increased school and family stress, lack of trust in others, and a desire to be alone.\u201d At least one harbored a continuing fear that her attacker would \u201creturn.\u201d Mijangos was arrested by the in June 2010. He pled guilty to one count of computer hacking and one count of wiretapping. He was sentenced to six years imprisonment and is scheduled to be released next year. * * * As bizarre as the Mijangos case may sound, his conduct turns out to be not all that unusual. We searched dockets and news stories for criminal cases in which one person used a computer network to extort another into producing pornography or engaging in sexual activity. We found nearly 80 such cases involving, by conservative estimates, more than 3,000 victims. This is surely the tip of a very large iceberg. Prosecutors colloquially call this sort of crime \u201csextortion.\u201d And while not all cases are as sophisticated as this one, a great many sextortion cases have taken place\u2015in federal courts, in state courts, and internationally\u2015over a relatively short span of time. Each involves an attacker who effectively invades the homes of sometimes large numbers of remote victims and demands the production of sexual activity from them. Sextortion cases involve what 22 23 24 25 26 27 28 29 30 31 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 4/67 are effectively online, remote sexual assaults, sometimes over great distances, sometimes even crossing international borders, and sometimes\u2015as with Mijangos\u2015involving a great many victims. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 5/67 We tend think of cybersecurity as a problem for governments, major corporations, and \u2014at an individual level\u2014for people with credit card numbers or identities to steal. The average teenage or young-adult Internet user, however, is the very softest of cybersecurity targets. Teenagers and young adults don\u2019t use strong passwords or two-step verification, as a general rule. They often \u201csext\u201d one another. They sometimes record pornographic or semi-pornographic images or videos of themselves. And they share material with other teenagers whose cyberdefense practices are even laxer than their own. Sextortion thus turns out to be quite easy to accomplish in a target-rich environment that often does not require more than malicious guile. For the first time in the history of the world, the global connectivity of the Internet means that you don\u2019t have to be in the same country as someone to sexually menace that person. It is a great mistake, however, to confuse sextortion with consensual sexting or other online teenage flirtations. It is a crime of often unspeakable brutality. It is also a crime that, as we shall show, does not currently exist in either federal law or the laws of the states. As defined in the Mijangos court documents, sextortion is \u201ca form of extortion and/or blackmail\u201d wherein \u201cthe item or service requested/demanded is the performance of a sexual act.\u201d The crime takes a number of different forms, and it gets prosecuted under a number of different statutes. Sometimes it involves hacking people\u2019s computers to acquire images then used to extort more. More often, it involves manipulation and trickery on social media. But at the core of the crime always lies the intersection of cybersecurity and sexual coercion. For the first time in the history of the world, the global connectivity of the Internet means that you don\u2019t have to be in the same country as someone to sexually menace that person. The problem of this new sex crime of the digital age, fueled by ubiquitous Internet connections and webcams, is almost entirely unstudied. Law enforcement authorities are well aware of it. Brock Nicholson, head of Homeland Security Investigations in Atlanta, Georgia, recently said of online sextoriton, \u201cPredators used to stalk playgrounds. This is the new playground.\u201d 32 33 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 6/67 But while the has issued numerous warnings about sextortion, the government publishes no data on the subject. Unlike its close cousin, the form of nonconsensual pornography known as \u201crevenge porn,\u201d the problem of sextortion has not received sustained press attention or action in numerous state legislatures, in part because with few exceptions, sextortion victims have chosen to remain anonymous, as the law in most jurisdictions permits. The 78 cases we reviewed alone involve at least 1,397 victims, and this is undoubtedly just the tip of the iceberg. But don\u2019t let the problem\u2019s invisibility fool you. The 78 cases we reviewed alone involve at least 1,397 victims, and this is undoubtedly just the tip of the iceberg. If the prosecutorial estimates in the various cases are to be believed, the number of actual victims probably ranges between 3,000 and 6,500\u2015and, for reasons we explain below, may be much higher even than that. As the teenage child of one of the present authors put the matter, \u201cYou just can\u2019t put a portable porn studio in the hands of every teenager in the country and not expect bad things to happen.\u201d This paper represents an effort\u2015to our knowledge the first\u2015to study in depth and across jurisdictions the problems of sextortion. In it, we look at the methods used by perpetrators and the prosecutorial tools authorities have used to bring offenders to justice. We hope that by highlighting the scale and scope of the problem, and the brutality of these cases for the many victims they affect, to spur a close look at both state and federal laws under which these cases get prosecuted. Our key findings include: 34 Sextortion is dramatically understudied. While it\u2019s an acknowledged problem both within law enforcement and among private advocates, no government agency publishes data on its prevalence; no private advocacy group does either. The subject lacks an academic literature. Aside from a few prosecutors and investigators who have devoted significant energy to the problem over time, and a few journalists who have written\u2014often excellently\u2014about individual cases, the problem has been largely ignored. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 7/67 Yet sextortion is surprisingly common. We identified 78 cases that met our definition of the crime\u2014and a larger number that contained significant elements of the crime but that, for one reason or another, did not fully satisfy our criteria. These cases were prosecuted in 29 states and territories of the United States and three foreign jurisdictions. Sextortionists, like other perpetrators of sex crimes, tend to be prolific repeat players. Among the cases we studied, authorities identified at least 10 victims in 25 cases. In 13 cases, moreover, there were at least 20 identified victims. And in four cases, investigators identified more than 100 victims. The numbers get far worse if you consider prosecutorial estimates of the number of additional victims in each case, rather than the number of specifically identified victims. In 13 cases, prosecutors estimated that there were more than 100 victims; in two, prosecutors estimated that there had been \u201chundreds, if not thousands\u201d of victims. Sextortion perpetrators are, in the cases we have seen, uniformly male. Victims, by contrast, vary. Virtually all of the adult victims in these cases are female, and adult sextortion therefore appears to be a species of violence against women. On the other hand, most sextortion victims in this sample are children, and a sizable percentage of the child victims turn out to be boys. There is no consistency in the prosecution of sextortion cases. Because no crime of sextortion exists, the cases proceed under a hodgepodge of state and federal laws. Some are prosecuted as child pornography cases. Some are prosecuted as hacking cases. Some are prosecuted as extortions. Some are prosecuted as stalkings. Conduct that seems remarkably similar to an outside observer produces actions under the most dimly-related of statutes. These cases thus also produce wild, and in in our judgment indefensible, disparities in sentencing. Many sextortionists, particularly those who prey on minors, receive lengthy sentences under child pornography laws. On the other hand, others\u2014like Mijangos\u2014receive sentences dramatically lighter than they would get for multiple physical attacks on even a fraction of the number of people they are accused of victimizing. In our sample, one perpetrator received only three years in prison for victimizing up to 22 young boys. Another received only 30 months for a case in which federal prosecutors identified 15 separate victims. Sentencing is particularly light in one of two key circumstances: (1) when all victims are adults and federal prosecutors thus do not have recourse to the child pornography statutes, or (2) in cases prosecuted at the state level. 35 36 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 8/67 The paper proceeds in several distinct parts. We begin with a literature review of the limited existing scholarship and data on sextortion. We then outline our methodology for collecting and analyzing data for the present study. We then offer a working definition of sextortion. In the subsequent section, we provide a sketch of the aggregate statistics revealed by our data concerning the scope of the sextortion problem, and we examine the statutes used and sentences delivered in federal and state sextortion cases. We then turn to detailing several specific case studies in sextortion. In our last empirical section, we look briefly at the victim impact of these crimes. Finally, we offer several recommendations for policymakers, law enforcement, parents, teachers, and victims. We offer more detailed legislative recommendations in a separate paper, \u201cClosing the Sextortion Sentencing Gap Legislative Proposal.\u201d An understudied problem Sextortion is remarkably understudied. Despite the rash of sextortion cases, some of them reasonably prominent, press attention to the issue has been modest, particularly in comparison to the dramatic attention devoted to issues of online bullying, child Sextortion is brutal. This is not a matter of playful consensual sexting\u2014a subject that has received ample attention from a shocked press. Sextortion, rather, is a form of sexual exploitation, coercion, and violence, often but not always of children. In many cases, the perpetrators seem to take pleasure in their victims\u2019 pleading and protestations that they are scared and underage. In multiple cases we have reviewed, victims contemplate, threaten, or even attempt suicide\u2014sometimes to the apparent pleasure of their tormentors. At least two cases involve either a father or stepfather tormenting children living in his house. Some of the victims are very young. And the impacts on victims can be severe and likely lasting. Many cases result, after all, in images permanently on the Internet on multiple child pornography sites following extended periods of coercion. Certain jurisdictions have seen a disproportionate number of sextortion cases. This almost certainly reflects devoted investigators and prosecutors in those locales, and not a higher incidence of the offense. Rather, our data suggest that sextortion is taking place anywhere social media penetration is ubiquitous. 37 38 39 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 9/67 pornography generally, and revenge porn. While federal law enforcement has responded vigorously to individual cases around the country, a broader policy discussion has not followed. Most people, we suspect, have never heard of sextortion. The term \u201csextortion\u201d is not new. It began popping up in news coverage of incidents of sexual extortion involving online sexual exchanges with relative frequency beginning in 2010, though we found one use of the term dating back to 1950. Prosecutors use the term routinely in public statements to describe a certain type of case. Still, there has been no serious academic research surrounding sextortion. There have been no studies examining the most basic questions surrounding the problem: How common are these cases? What are the basic elements that characterize them? Are our laws adequate for the investigation and prosecution of sextortion cases? For its part, the press has tended to report on individual cases, not on the phenomenon more broadly. Mentions of the larger problem tend to be passing ones. The New York Times, for example, recently ran a short piece in its \u201cSunday Review\u201d section, outlining all types of scams that those looking for love on the Internet might encounter, including sextortion. Another Times article on the anonymous messaging app Kik noted that law enforcement commonly comes across the app in connection with sextortion cases. In these Times pieces, as with most instances, the mention of sextortion is fleeting magazine has run two feature-length stories on sextortion, both focused on individual cases. In 2009, the magazine covered the story of Anthony Stancl, a troubled and bullied student at New Berlin Eisenhower high school in Wisconsin, who tricked fellow male students into sending him sexually explicit photos and videos as both a form of sexual gratification and also social revenge. Though the title of the piece about Stancl references sextortion, the piece does not explore the subject beyond Stancl\u2019s own case. In 2011 readers also learned of Mijangos in an article that does highlight the unique qualities of sextortion. That article explained that \u201c[d]espite billions spent on technology that lets us broadcast our daily lives, all it takes is one guy, a self-taught 40 41 42 43 44 45 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 10/67 hacker with no college degree, to turn that power against us number of media outlets have done brief pieces on the problem. The Digital Citizens Alliance touched on sextortion tangentially as part of a report on remote access trojans (RATs). The report, among other things, demonstrated that RATs like the one used by Mijangos are easily accessible and quite affordable. On one hacker website, the authors found an advertisement for access to computers that belong to girls for $5 each; access to a boy\u2019s computer sold for less, only $1 each. The report also notes thousands of tutorials on YouTube, instructing hackers on the best techniques for slaving a device; other videos appear to show off an individual hacker\u2019s exploits, displaying videos of victims from their own webcams. Yet this report, published in 2015, focused on the cybersecurity problem of RATs broadly, and less on the exploitations at play in sextortion cases. Government attention has likewise been spotty. The Justice Department\u2019s in-house bulletin for prosecutors has specifically addressed the sextortion phenomenon only once, in 2011, and then in a brief, five-page article on charging options for cases involving underage victims only. The Federal Bureau of Investigation cautioned parents and their children about the sextortion threat in a 2012 advisory. The following year, the Bureau\u2019s then-director touched on sextortion in a stray paragraph in congressional testimony that canvassed the Bureau\u2019s various law enforcement and other activities. In 2015, the once again warned parents and children following the conviction of one Lucas Michael Chansler (see case studies below), this time calling on the public for more information about Chansler\u2019s crimes, and releasing a video explaining how sextortion occurs and how parents should talk to their children about it. As part of the same release, the also produced a short, one-minute radio briefing on the \u201cgrowing number of reports of sextortion separate sextortion fact sheet, released at the same time, provided more information on how perpetrators carry out their crimes, and ways for parents and children to protect themselves from those who would try to sextort them. Yet there has never been a congressional hearing on sextortion as a free-standing issue, and neither current nor proposed legislation so much as mentions the phenomenon. To the extent sextortion is on officialdom\u2019s radar at all, it appears only as part and parcel of a bigger struggle to beat back online sex offenses more generally. 46 47 48 49 50 51 52 53 54 55 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 11/67 The scholarship has trended along similar lines. Some legal scholarship has alluded to sextortion, but only in passing. Legal academics have noted the phenomenon in the context of computer crimes more broadly, but have not concentrated on sextortion as a focus of study. Take for example Dayton Law Professor Susan Brenner\u2019s book \u201cCybercrime and the Law,\u201d which dedicated only four of its 219 pages to the crime of sextortion. After noting that cyber sexual extortion is a new but rising phenomenon and naming a few recent cases, Brenner concludes that extortion statutes wherein the target\u2019s property is presumed to have value in the \u201ctraditional, financial sense\u201d may present difficulties for prosecutors in these cases. She suggests prosecutors may be successful by \u201c(1) adopting new, sextortion-specific statutes or (2) revising existing extortion statutes so they encompass the type of harm inflicted in sextortion cases.\u201d Danielle Keats Citron\u2019s excellent book, \u201cHate Crimes in Cyberspace,\u201d contains extensive discussion of revenge porn and virtually no discussion of sextortion. Nor are data, either official or private, readily available. We sought data on sextortion cases from the Bureau of Justice Statistics, which informed us that they \u201care not able to separate out\u201d sextortion cases from other types of cases, as \u201cfederal data is based on statute and does not provide the detail needed to identify these offenses.\u201d We also sought data from the FBI; despite the Bureau\u2019s warnings on the subject, it could provide only a link to a webpage describing the Bureau\u2019s Violent Crimes Against Children (VCAC) program. The Department of Justice was able to flag eight specific sextortion cases but noted that this was a \u201csampling\u201d because \u201cthe department does not have a data-tracking category for sextortion.\u201d We also sought data from activist organizations aware of and concerned about the problem. We contacted the Cyber Civil Rights Initiative, the Cyber Civil Rights Legal Project, the Family Online Safety Institute, Thorn, and the National Center for Missing and Exploited Children (NCMEC), none of which could provide data on the prevalence of sextortion cases nationally. The has published a limited set of data culled from its CyberTipline, which it reports in part as follows: 56 57 58 59 60 61 62 63 64 65 66 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 12/67 Based on the information known by the CyberTipline reporter, sextortion appears to have occurred with one of three primary objectives (In 12 percent of reports, the objective could not be determined): Sextortion most commonly occurred via phone/tablet messaging apps, social networking sites, and during video chats. 78 percent of the incidents involved female children and 12 percent involved male children (In 10 percent of incidents, child gender could not be determined); The average age at the time of the incident was approximately 15 years old, despite a wider age-range for female children (eight-17 years old) compared to male children (11-17 years old); and In 22 percent of the reports, the reporter mentioned being suspicious of, or knowing that, multiple children were targeted by the same offender. \u2026 To acquire additional, and often increasingly more explicit, sexual content (photos/videos) of the child (76 percent) To obtain money from the child (six percent) To have sex with the child (six percent) \u2026 In 41 percent of reports, it was suspected or known that multiple online platforms were involved in facilitating communication between the offender and child. These reports seemed to indicate a pattern whereby the offender would intentionally and systematically move the communication with the child from one online platform type to another. Commonly, the offender would approach the child on a social networking site and then attempt to move the communication to anonymous messaging apps or video chats where he/she would obtain sexually explicit content from the child. The child would then be threatened to have this content posted online, particularly on social media sites where their family and friends would see, if the child did not do what the offender wanted.67 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 13/67 These data, though useful and illuminating and broadly consistent with our own findings, are necessarily limited. Because they are only based on victim reporting, there is no information about subsequent prosecutions, investigative findings, or critically, victims other than ones who initially reported the offenses. That turns out to be a fateful omission. Our point is not to criticize any of these organizations, or government agencies, for the lack of data on the subject. The problem of sextortion is, in fact, new. It remains relatively undefined. And at least with respect to the activist groups, it is a perfectly reasonable approach to focus on revenge porn first and on the problem of non- consensual pornography\u2014of which sextortion is just one species\u2014more generally. The result, however, is a certain gap in our understanding of this new form of crime. How big a problem is it really? How many people does it affect? And how should we define it? This paper represents a systematic effort to examine these problems. Methods Because of the disaggregated nature of the data we sought, the breadth of the problem, and the numerous criminal statutes available for possible prosecutorial use, we began with a systematic search of media on sextortion. Using LexisNexis, we searched media databases in all 50 states and the District of Columbia for keywords related to sextortion. We used the following keywords: \u201cSextort,\u201d \u201cSextortion,\u201d \u201cCyber Sextortion,\u201d \u201cCyber Sexual Extortion,\u201d \u201cCyber Sexual Exploitation,\u201d \u201cOnline Sexual Extortion,\u201d \u201cOnline Sexual Exploitation,\u201d \u201cNon-consensual Pornography,\u201d and \u201cNonconsensual Pornography.\u201d Using the same keywords, we then also searched WestLaw, looking for legal opinions involving sextortion. The data we report here reflect our best sense of the sextortion landscape as of April 18, 2016. We then read all media results that our searches of LexisNexis returned, selecting those cases from articles that fit the parameters we set for sextortion cases (described below). We identified 78 cases, 63 of them federal from 39 different judicial districts, 12 of them from the state courts of eight states, and three of them international cases from Israel, Mexico, and the Netherlands. In some instances, 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 14/67 prosecutors we contacted made us aware of other cases. In other instances, the cases themselves cited earlier sextortion cases. As we progressed, a number of news stories made us aware of additional cases that arose after our searches took place. For federal cases, we used both the Public Access to Court Electronic Records (PACER) service and proprietary online databases to gather the warrant applications, complaints, indictments, plea agreements, and judgments for the individual cases, as available, as well as other relevant documents that describe the conduct at issue in the cases. For state and international cases, we acquired original court documents where possible, but both for language and document-availability reasons, we also relied to a considerable degree on press accounts. We examined each case to discern the number of clearly-identified (generally not by name) victims, the maximum number of victims estimated by prosecutors, the ages and genders of the victims, the number of states and countries involved in the offense pattern, and the sentence given the defendant (if any). We also tracked certain common elements of sextortion cases, both those charged and those pled or convicted; specifically, we identified the following recurrent elements in all cases in which they arose: For those cases prosecuted federally, we also looked specifically at the criminal offenses charged in each case, as well as those to which the defendant either pled guilty or was convicted. The data we report here reflect our best sense of the sextortion landscape as of April 18, 2016. This report reflects neither developments within cases after that date nor new cases that have arisen since that date. computer hacking; manipulation of victims using social media (catfishing); interstate victimization; international victimization; and demand for in-person sexual activity. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 15/67 We are confident that this dataset is not complete. That is, there are sextortion cases both domestically and overseas, probably many of them, that we have not identified. We are even more confident that an enormous number of victims have not reported acts that would warrant aggressive investigation and prosecution along the lines of the cases we have found. We have identified the cases discussed in this study, in other words, not as illustrating the totality of the sextortion problem but as a significant and illustrative sample of it. We do not purport to know if it represents the bulk of the cases that have been prosecuted or not. We believe, however, that the prosecuted cases, like other forms of sexual assault, likely reflect a tiny percentage of the unprosecuted ones, meaning that we should understand online sextortion as a feature of life on the Internet for large numbers of vulnerable members of society. Finally, one additional methodological note: For purposes of this study, we have taken prosecutorial allegations in many instances as true. Each of these cases involves an adjudication, and defendants are entitled to a presumption of innocence in the absence of proof beyond a reasonable doubt. We are not, however, an adjudicative body. We are, rather, looking to understand empirically the scope and depth of a social problem. As such, conduct that the or prosecutors believe has taken place but for which a defendant has not been convicted may be just as interesting as that conduct which has generated a conviction. This point is especially important with respect to estimates as to the number of victims in different cases and to conduct charged but dropped in the context of plea agreements working definition of sextortion Legally speaking, there\u2019s no such thing as sextortion. The word is a kind a prosecutorial slang for a class of obviously criminal conduct that does not in reality correspond neatly with any known criminal offense. Sextortion cases are sometimes prosecuted under child pornography laws, sometimes as computer intrusions, sometimes as stalkings, and sometimes as extortions. The term \u201csextortion\u201d lacks a precise definition of its own, much less clear elements of the sort that arise out of legislative definition. Legally speaking, there\u2019s no such thing as sextortion. The word is a kind a prosecutorial slang for a class of obviously criminal conduct that does not in 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 16/67 reality correspond neatly with any known criminal offense. Still, at a high level of altitude, the conduct is easy enough to describe: sextortion is old-fashioned extortion or blackmail, carried out over a computer network, involving some threat\u2014generally but not always a threat to release sexually-explicit images of the victim\u2014if the victim does not engage in some form of further sexual activity. By defining sextortion in this fashion, it is important to understand that we are excluding a variety of closely-related coercive activities that may also warrant more attention than they have received. For example, it is possible for something like sextortion to take place entirely offline; indeed, sexual extortion has taken place as long as people have had the power to demand sex from one another on threat of doing each other harm. We have not included any cases where conduct takes place solely in the offline world, however, on the theory both that this is an old problem that the law has had many generations to address and that it does not pose the same inter- jurisdictional and cybersecurity problems as do the same activities online. When we say \u201csextortion,\u201d therefore, we are talking only about online sexual extortion. None of this is to diminish the horrifying extortions by which, for example, many pimps keep women in forms of sexual slavery. Similarly, in the course of our research, we have discovered a number of cases\u2014 including several celebrated \u201crevenge porn\u201d cases\u2014that have significant elements of sextortion and in which the threat of exposure of sexually-explicit material is used to extort money, but in which sexual activity itself is not demanded of the victim. In online sexually-oriented extortion, it is possible for a perpetrator to use the release of sexual images or videos as a threat against the victim; the production of sexual images or videos can also be the demand; most commonly, both take place at once. That is, the perpetrator uses the threat of the release of material to coerce the production of more material related but distinct problem is that of online scams that extort money from individuals after they have engaged in anonymous online sexual video chatting\u2014for example over Skype. One such syndicate in the Philippines was busted in 2015. Following a tip, Philippine police arrested 58 people and seized 250 computers in seven areas across the country. Police said the extortionists acquired hundreds of victims in Australia, Singapore, Hong Kong, the United States, and the United Kingdom 68 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 17/67 over the course of three to four years. The group found and friended victims over various social media sites, inviting them to engage in cybersex. After surreptitiously filming the chats, the group would then demand up to $2,000 in exchange for not publicly posting the material. The national police chief of the Philippines compared the group to a call center, where employees sit in rows of cubicles luring in foreign victims. The extortion ring was broken up only after its activity led to the suicide of one 17-year-old boy located in Scotland. While these cases, and others like them, can be extremely severe and present their own cybersecurity and privacy problems, we have excluded from this analysis all cases in which sexual activity was not demanded of the victim. If a perpetrator threatens a victim with exposure of sexually-explicit videos unless she pays him money, we have not included that in our sample unless the perpetrator also demands the production of further sexual images or videos. The reason for this decision is that the primary phenomenon we seek to define here is the remote coercion of sex. The remote coercion of money using sexual images is not a new problem, though the Internet has certainly made it worse. The ability of a person to force someone halfway around the world to engage in sexual activity, by contrast, is a new form of digital abuse that was unthinkable only a few years ago. The ability of a single perpetrator to exploit hundreds, or even thousands, of victims around the world was particularly beyond our collective imaginations. We have thus proposed a relatively narrow definition that excludes a considerable body of related criminal activity in an effort to focus attention on what is new here. The data in aggregate We have included in this analysis a total of 78 cases in 52 different jurisdictions, 29 states or territories, and three foreign countries. Every single perpetrator in the cases we examined is male. 69 70 71 72 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 18/67 Fifty-five of those cases (71 percent) involve only minor victims. An additional 14 (18 percent), by contrast, involve a mix of minor victims and adult victims. In nine cases (12 percent), all identified victims were adults. Every single perpetrator in the cases we examined is male. The vast majority of the victims, by contrast, are female. Among the adult victims, nearly all are female. The picture is more complicated among the child victims, where a significant minority of victims is male. In 13 cases (17 percent) involving minor victims, all identified victims in court documents are male. In an additional eight cases (10 percent), the victims include both males and females. Several truly brutal cases focus on young boys. So it\u2019s a mistake to think of sextortion as purely a problem of violence against women. There is clearly a problem with respect to boys as well. The length of a given perpetrator\u2019s sentence tends to turn less on the number of victims or the brutality of the conduct involved in the case than on whether the victims are minors or adults. The reason is that federal child pornography laws carry particularly stiff sentences, far stiffer than those at issue with stalking, extortion, or computer intrusion laws. The result is that of those cases that involved minor victims and did not produce a life sentence, the sentencing range varied from seven months to 139 years imprisonment, with a median of 288 months (24 years) and a mean sentence of 369 months (31 years). Cases that involved only adult victims, by contrast, involved sentencing ranges from one month to 6.5 years imprisonment, a median sentence of only 40 months and a mean sentence of 38 months. By far, the most common feature of sextortion cases is social media manipulation, in which the perpetrator tricks the victim into sending him the compromising pictures he then uses to extort more. Social media manipulation of some kind is present in the overwhelming majority of cases. Fully 65 cases (83 percent) involve some form of social media manipulation. Also known as \u201ccatfishing,\u201d this behavior is even more common when the victim is a minor, with some form of social media manipulation featuring in 91 percent of the cases involving minors. Only three cases with only adult victims, by contrast, involved catfishing. Alternatively, some form of computer hacking was involved in 43 percent of cases with adult victims, but only nine percent of cases only involving only minor victims. Hacking featured in 15 cases (19 percent) total. 73 74 75 76 77 78 79 80 81 82 83 84 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 19/67 By far, the most common feature of sextortion cases is social media manipulation In many of the cases involving catfishing, the defendant used information he had somehow discovered about the victim to make his catfishing more effective. In one case, the information in question was obtained by hacking the victim\u2019s computer. In at least one other case, the defendant looked up information available online. In another, the defendant worked as a camp counselor over the summer and accumulated information about campers over the course of his job\u2014and then later used that info to catfish and blackmail them. Similarly, the criminal complaint in one case alleges that the defendant used personal information he knew about his victims from his offline interactions with them to make his threats more effective majority of the cases we examined overtly crossed state lines, sometimes the lines of many states. Forty nine cases (63 percent) involved significant interstate elements: the perpetrator, for example, victimizing people in other states. At least six cases involved more than ten jurisdictions, either foreign or domestic. Seven additional cases involved more than five jurisdictions. The same cybersecurity vulnerabilities that are making our corporations and government agencies ripe for cyber exploitations from foreign intelligence agencies and hackers are making teenagers and young adults ripe for highly-remote sexual exploitations surprising number of cases cross international borders as well. Sixteen cases (21 percent) involve a perpetrator victimizing at least one person in a country other than that in which he is himself residing. This finding seems particularly challenging. It used to be impossible to sexually assault someone in a different country. That is no longer true. The same cybersecurity vulnerabilities that are making our corporations and government agencies ripe for cyber exploitations from foreign intelligence agencies and hackers are making teenagers and young adults ripe for highly-remote sexual exploitations. Some cases manage to leap out of the online world and involve abuse in the physical world. In 13 cases (17 percent) perpetrators demanded actual in-person sexual activity 85 86 87 88 89 90 91 92 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 20/67 from victims, not merely the production of pornographic materials. This category of case hints at one of the fault lines in sextortion cases. The majority of sextortionists are after targets of opportunity on social media. Some sextortion cases, by contrast, are highly-targeted cases of intimate abuse: a former boyfriend who can\u2019t let go and goes after his ex-girlfriend\u2019s daughter, a father bent on molesting his daughter, or some other person with a pathological obsession with a particular victim. These cases tend to look more like stalking\u2014and are often prosecuted as such. They tend to involve smaller numbers of victims. But they are also far likelier to involve physical abuse of those victims. In some of these cases, sextortion is only a part of a far larger pattern of abuse. Calculating the total number of victims in these cases is impossible. The cases cumulatively identify 1,397 victims, but these are only the victims counted by authorities in charging or alleging specific conduct against a particular defendant. For example, if prosecutors included a specific reference to a particular sextortion victim in a charging document, a complaint, or a plea agreement, or if a sentencing memo says that a particular number of victims has been identified, this victim\u2014or this number of victims\u2014will be included in this total figure. This way of counting, however, grossly undercounts the true number of victims. In many cases, prosecutors do not charge a defendant with every instance of sextortion of which they have reason to believe him guilty; they charge, rather, only conduct related to those victims where the evidence is most developed. Along the way, they sometimes mention a much larger figure of other cases in which they believe the same perpetrator was involved. The disparities between the number of identified victims and the number estimated can be extreme. For example, in the case of Brian Caputo\u2014a California man accused in federal court of posing as a teenage girl on social media to trick real teenage girls into sending him explicit pictures\u2014prosecutors identified \u201cat least eight possible minor victims.\u201d On the other hand, in the same document, they say that they have found 843 emails in which \u201calmost every e-mail either contained child pornography or was [Caputo] communicating with possible other unidentified victims.\u201d Similarly, in the particularly sinister case of Richard Leon Finkbiner (detailed below), prosecutors identified only thirteen victims, but they made clear that those victims stood in for \u201chundreds, if not thousands, of other minors and adults all over the world\u201d whom 93 94 95 96 97 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 21/67 Finkbiner also sextorted. In some cases, the best prosecutorial estimates of the total number of victims are quite vague. The government frequently describes \u201cnumerous\u201d victims, for example; in some cases it refers to \u201chundreds\u201d or \u201cmore than 100\u201d or some such minimum round number. By contrast, in some cases, investigators seem to have gone through a great deal of trouble to identify every victim they could. All of this makes any effort to estimate the total size of the victim population necessarily a back-of-the-envelope sort of calculation. Still, it is possible in very round terms to give a sense of the magnitude of the victim population. If we take the list of prosecutorial estimates of the likely number of victims in each case, and we make a series of different assumptions about what certain terms suggest on average, we can come up with various estimates conservative approach would be to assume that when prosecutors describe a given sextortionist as having \u201cnumerous\u201d victims, \u201cnumerous\u201d will work out on average to around 20, that \u201chundreds\u201d should be interpreted conservatively to mean 100, and that we should take the lowest figure in any range (meaning that a phrase like \u201cbetween 100 and 150\u201d should mean 100). Tabulated this way, the total victim court comes out to be around 3,200 more aggressive approach would be to assume that when prosecutors are only dealing with 20 victims, they tend to identify them and count them, and therefore phrases like \u201cnumerous\u201d should mean something more like 50. Similarly, \u201chundreds\u201d should refer to at least 200, and more than should refer to something close to 150 percent of than to itself. In this approach, we take in any range of numbers the mean between the two poles. The phrase \u201cat least hundreds and possibly thousands,\u201d meanwhile, should imply something more like 750 than 100. Using this method of tabulation, the figure works out to be more than 5,200. Even this approach, however, may involve a substantial undercount. In many cases, prosecutors do not even attempt an accounting of the total number of victims. They merely identify a few victims and prosecute based on those few, leaving the rest uncounted. There are thus a bunch of cases that are clearly not intimate abuse cases \u2014say stalkings of individuals, which are highly targeted at those individuals\u2014but give every indication, rather, of being more indiscriminate. Yet these 28 cases identify, like the intimate abuse cases, only one or two victims and lack a high-end estimate as to 98 99 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 22/67 the number of victims. We think this is likely not because the number of identified victims is, in fact, equal to the total number of victims but\u2014in most cases\u2014because prosecutors did not bother to include estimates in their pleadings or because investigators did not bother to count other possible victims. To compensate for this, we examined the average disparity between the high-end victim estimate and the number of identified victims in those cases in which a high-end estimate does exist, using the more aggressive assumptions in our second model. In those cases, the high- end victim estimate averages to 4.6 times the number of identified victims. Using this multiplier for the set of 28, we estimate that a reasonable guess as to the total number of victims may include up to an additional 1,500 people. Put simply, we think a reasonable estimate of total victims in these cases will run anywhere from about 3,000 to about 6,500. We think a reasonable estimate of total victims in these cases will run anywhere from about 3,000 to about 6,500. There\u2019s at least one additional complicating factor single pair of sextortionists, the has estimated, may have as many as 3,800 victims between them. This estimate does not appear in the court documents associated with their cases, which we discuss below. But the has stated it publicly elsewhere. If that figure is correct, the entire range\u2014calculated by whatever means and with whatever assumptions\u2014needs to be shifted upward by nearly several thousand victims. Prosecuting sextortion One of the most interesting features of sextortion cases is the diversity of statutes under which authorities prosecute them. As we noted above, sextortion does not exist in federal or state law as a crime of its own. So sextortionate patterns of conduct can plausibly implicate any number of criminal statutes, which carry very different penalties and elements. In the federal system, at least, the workhorse statute is 18 \u00a7 2251, which prohibits sexual exploitation of children. Prosecutors charged under this law in 43 of the cases 100 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 23/67 under study here (55 percent). In particular, subsection \u00a7 2251(a) does a great deal of heavy lifting for prosecutors. Under that section, \u201cAny person who employs, uses, persuades, induces, entices, or coerces any minor to engage in . . . any sexually explicit conduct for the purpose of producing any visual depiction of such conduct\u201d is subject to a mandatory minimum sentence of 15 years in prison. More generally, the child pornography laws provide powerful tools of choice for prosecutors, at least in the cases in which minor victims are involved. Section \u00a7 2252 of Title 18, which relates to materials associated with the sexual exploitation of children, can be used to prosecute both receipt and distribution of child pornography and possession of it; charges under this section show up in 28 cases (36 percent). Seventeen cases (22 percent) also contain charges under the adjacent section \u00a7 2252A, which is a parallel law related to child pornography in particular. And 18 \u00a7 2422(b), which forbids coercion or enticement of a minor to engage in illegal sexual activity, shows up in 19 cases (24 percent). Where they are available, the child pornography laws do clearly give prosecutors the tools they need, owing to the stiff sentences they mete out. The trouble is that not all sextortionists prey on children, and where none of the victims involved in the conduct charged is a minor, the cases fall into something of a statutory lacuna. After all, without touching someone or issuing a threat of force, it is not possible to violate the aggravated sexual abuse law (18 \u00a7 2241), which only applies in any event in the special maritime or territorial jurisdiction of the United States or in a prison facility. (That same jurisdictional limit applies to the lesser crime of sexual abuse, 18 \u00a7 2242, and other federal sex crimes statutes.) In other words, absent a child victim, there\u2019s no obvious on-point federal law that covers the sexual elements of sextortion. In other words, absent a child victim, there\u2019s no obvious on-point federal law that covers the sexual elements of sextortion. The result is a frequent prosecutorial reliance on the federal interstate extortion statute (18 \u00a7 875)\u2014the relevant portion of which carries only a two year sentence. This law shows up in 29 of the federal cases we examined (37 percent). 101 102 103 104 105 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 24/67 In cases in which the attacks are highly targeted against an individual, prosecutors have sometimes relied on the federal stalking law (18 \u00a7 2261A), charges under which appear in nine cases (12 percent). And in 12 cases (15 percent) involving hacking or appropriation of social media accounts, prosecutors have used the Computer Fraud and Abuse Act (18 \u00a7 1030), the identity theft law (18 \u00a7 1028A), or both. As we noted above, these cases produce sentences on average dramatically lower than those charged under the child exploitation laws. This is partly because the child pornography laws carry particularly severe sentences, but it\u2019s also because sextortion cases end up outside of the arena of sex crimes and prosecuted as hacking and extortion cases. As we argue in \u201cClosing the Sextortion Sentencing Gap,\u201d Congress should examine closely the question of whether sextortionists who prey on adults\u2014 sometimes many of them\u2014are receiving excessively lenient treatment under current law. Suffice it for present purposes to observe that there is no analog for adult victims to 18 \u00a7 2422\u2019s criminalization of coercing a minor to engage in sexual activity (at least if that sexual activity does not involve prostitution or otherwise illegal activity). And while 18 \u00a7 875, the extortion statute, permits a 20-year sentence for the transmittal of a ransom demand, and the same stiff term for anyone who transmits a \u201cthreat to injure the person of another,\u201d the statute offers only a two-year sentence for anyone who, \u201cwith intent to extort from any person . . . any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee.\u201d It contains no enhanced sentence for the situation in which the thing of value in question being extorted is coerced production of nonconsensual pornography. Another area in which current law looks deficient is at the state level. State prosecutors are among those who have done the most dedicated work in this area. But the data in aggregate strongly suggest that they are working with weak tools compared to their federal counterparts. The average sentence in the six state cases that have reached the sentencing phases is 88 months (seven years and four months). By contrast, the average sentence in the 49 federal cases that have produced a sentence less than life in prison (one case has produced a life sentence) is, by contrast, 349 months (a little over 29 years). 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 25/67 This dramatic disparity is only partly a reflection of strong federal child pornography sentencing. It also reflects weak state laws that are under-punishing serious offenders. For example, Joseph Simone in Rhode Island, who sextorted 22 teenage boys in a particularly brutal fashion, received only one year in prison and two more years of home confinement (and an additional period of probation). Similarly, it\u2019s hard to imagine that had Cameron Wiley been prosecuted in federal court for sextorting two underage girls, he would have received only seven months in jail and an additional 18 months of probation\u2014as he did in Wisconsin state court. Case studies in sextortion Sextortion cases vary. Most involve relatively simple social media manipulations, in which the perpetrator tricks victims into sending him one or more nude photographs and then uses the threat of release of those photos to extort the production of larger numbers of more explicit ones. These attacks tend to have large numbers of victims and to be relatively indiscriminate. As noted above, however, some sextortion cases involve highly targeted attacks on individuals known personally to the perpetrator smaller number involve one or more forms of hacking, either intrusions into victims\u2019 social media accounts or, in some instances, the actual hacking of their computers and the remote controlling of their webcams. Congress should examine closely the question of whether sextortionists who prey on adults\u2014sometimes many of them\u2014are receiving excessively lenient treatment under current law. What follows are detailed accounts of eight sextortion cases; the accounts are culled from court documents to give readers a flavor of both the common threads between the cases and the diversity among them. Our goal is both to describe the mechanics of sextortion and to portray how the crime operates on its victims, with the aim of communicating the seriousness of these offenses. Jared James Abrahams 106 107 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 26/67 Jared James Abrahams, a California college freshman studying computer science, was arrested in 2013 for the sextortion of the woman who would become the crime\u2019s best-known victim: Cassidy Wolf, that year\u2019s winner of the Miss Teen beauty pageant. Abrahams and Wolf had gone to high school together in Temecula, California. She first suspected that something was wrong when she received notifications from several social media services that someone had tried to change her passwords. Thirty minutes later, Abrahams emailed her, demanding that she either send him nude pictures of herself on the social media service Snapchat, send a \u201cgood quality video,\u201d or Skype with him \u201cand do what tell you to do for five minutes.\u201d Otherwise, he would upload naked pictures of her to her social media accounts. Wolf did not recognize the photos, which appeared to have been taken from her webcam. Investigators later found that Abrahams had sextorted at least 12 young women, including women from Ireland, Canada, and Moldova and controlled the computers of between 100 and 150 women He installed keylogger software on his victims\u2019 computers to record their passwords and gain access to their social media accounts\u2014 though he mocked Wolf for making her passwords so easy for him to guess. He would also install the malware programs Blackshades and DarkComet, which enabled him to remotely control his victims\u2019 webcams without their knowledge and surreptitiously take photographs. He often contacted victims using other email addresses that he had hacked, and would use the productivity software Bananatag and Toutapp to monitor when his victims read his emails. 108 109 110 111 112 113 114 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 27/67 ( One victim wrote to Abrahams, \u201cPlease remember im only 17. Have a heart.\u201d He responded, \u201cI\u2019ll tell you this right now do have a heart!! However do stick to my deals! Also age doesn\u2019t mean a thing to me!!!\u201d In order to hide his address, Abrahams used a Virtual Private Network (VPN) service that advertised it did not keep logs, along with a dynamic service offered by No-IP.com. Investigators ultimately traced the address back to Abrahams, discovering that a person with the same username used to register for No-IP.com had also posted on hacking forums bragging that he had infected the computer of someone who \u201chappened to be a model.\u201d The username in question? \u201cCutefuzzypuppy.\u201d Abrahams was charged with one count of computer fraud and three counts of extortion, and pleaded guilty to all charges. He was sentenced to 18 months in prison. Lucas Michael Chansler 115 116 117 118 119 120 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 28/67 From 2007 to 2010, Lucas Michael Chansler targeted nearly 350 young girls in his sextortion ploy\u2014so many that, after his arrest, the launched a prolonged online campaign to locate the scores of girls whom he had victimized. Agents wanted to interview the girls for information on Chansler\u2019s case, but they also wanted to provide closure. After all, there was no other way that victims would know that their torture had been ended for good. ( Hiding his address through proxy servers, Chansler relied on catfishing to reach out to potential targets through social media. Pretending to be a teenage boy\u2014usually interested in skateboarding\u2014who was looking for a friendship or flirtation with the victim, Chansler would ask to video chat with the victim and display video of a naked boy in order to hide his identity. He asked the victims to strip on camera, and he secretly recorded the stream. In one case, he tricked four young girls at a sleepover into posing for him on Stickam, a now-discontinued livestreaming service notorious for the predatory behavior of some of its users and notorious as well because of its owner, a businessman who also controlled a network of pornographic websites. Once Chansler had the video or pictures that he wanted, he threatened to release the material to the victim\u2019s friends and family or upload it to a public website unless the victim provided him with more. In an interview with the FBI, one victim described the depression and panic caused by Chansler\u2019s demands that she 121 122 123 124 125 126 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 29/67 constantly be available to respond to his messages felt like a slave remember just lying in bed in silence and just thinking felt like God was so disappointed in me, and didn\u2019t know what to do MAP: ; ] Speaking with an agent after his arrest, Chansler explained that he targeted young girls because they were more likely to believe his scam. He was charged with four 127 of-identified-sextortion-victims 128 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 30/67 counts of extortion, 14 counts of producing child pornography, one count of receiving child pornography, and one count of possessing child pornography. He pleaded guilty to all 14 counts of producing child pornography and has been sentenced to 105 years in federal prison. Ivory Dickerson and Patrick Connolly Ivory Dickerson and Patrick Connolly never met in person, but they functioned together as a kind of sextortion team: together, the claims, they targeted more than 3,800 underage girls. Dickerson\u2014a civil engineer in North Carolina\u2014and Connolly \u2014a British military contractor working at a U.S. base in Baghdad\u2014worked in tandem, with Connolly usually reaching out to potential victims over the internet in order to trick them into installing the malware Bifrost. Then the two would collaborate in blackmailing their victims with photos taken surreptitiously using their webcams or with personal information obtained by their computers. It took four years of investigation to track them down. In one case, Connolly threatened to post a girl\u2019s email address online and to harm her younger sister unless she provided photographs. In another, he told a victim that he would make her \u201cthe most well-known girl at school\u201d unless she provided him with pictures. \u201cAre you sure you want to drive to school tomorrow?\u201d he asked, claiming that he saw her at school every day. The initially contacted Dickerson believing that he might be one of Connolly\u2019s victims; they suspected that Connolly may have gained control over Dickerson\u2019s computer and used it to attack other computers as a way of hiding his tracks. Soon, however, they realized that Dickerson himself was also behind the attacks, discovering evidence of hacking and videos of graphic, self-produced child pornography on his computer. Dickerson also used a program that would allow him to search the Internet for vulnerable webcams that he might be able to hack. Dickerson explained to the that he while he had never met Connolly in person, he had a good idea of his identity: as Dickerson\u2019s co-conspirator, Connolly referred to himself as \u201cLauren,\u201d and would often send Dickerson pictures of Connolly and information about Connolly\u2019s life. 129 130 131 132 133 134 135 136 137 138 139 140 141 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 31/67 Dickerson was sentenced to 110 years in prison after pleading guilty to all charges: three counts of producing child pornography, one count of possessing child pornography, and two counts of computer fraud. Connolly was charged with five counts of producing child pornography, six counts of extortion, and one count of computer fraud. He pleaded guilty to one count of producing child pornography, and was sentenced to 30 years in prison\u2014though the sentencing judge declared, \u201cIf could sentence you to life would.\u201d Michael C. Ford Investigators initially discovered Michael C. Ford when looking into an anonymous sextortionist whom they believed might be using a State Department address to obscure his identity. As it happened, the address was not a ruse: the investigation ultimately traced the sextortion back to Ford, an employee at the U.S. Embassy in London. Ford contacted his victims from his cubicle, storing elaborate spreadsheets of his victims\u2019 emails and passwords on his work computer. His sextortion began the year he was hired at the Embassy; he was busy sextorting at work for six years without anyone at the Embassy noticing before he was finally arrested. ( 142 143 144 145 146 147 148 149 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 32/67 Ford relied on a phishing scheme to gain his victims\u2019 passwords and steal explicit photos from their accounts, along with personal information such as the victims\u2019 addresses and phone numbers. He sent thousands of emails posing as a member of Google\u2019s \u201cAccount Deletion Team,\u201d notifying victims that their Google accounts were set to be deleted and requesting their passwords in order to prevent the purging of their account. (Ford saved drafts of these phishing emails on his Embassy computer.) He primarily targeted young women who belonged to college sororities or aspired to be models, though in one case he sextorted a young man for a female friend\u2019s passwords. The man refused to send along more pictures because, in his words, \u201cI\u2019m 16 in those photos [that Ford had already obtained] and if you post/distribute child porn, you\u2019re going to have a bad time.\u201d Ford responded, \u201cDo you really think care?\u201d Once he obtained a victim\u2019s passwords and accessed her account, he would threaten to release her photos to family members or publish the photos on the Internet unless the victim provided him with video of women\u2019s changing rooms. Sometimes, he would threaten to make public the victim\u2019s contact information and address as well. In several cases he made good on his threats, at one point emailing a victim\u2019s mother a picture of her with a note reading, \u201cCheck out your little girl.\u201d Some of his victims began to fear for their physical safety: one woman slept with a knife under her pillow, while another considered obtaining a gun to protect herself. Ford had successfully hacked into 450 computers and threatened 75 victims at the time of his arrest. He was indicted on nine counts of cyberstalking, seven counts of computer fraud, and one count of wire fraud, and pleaded guilty to all charges. He was sentenced to 57 months in prison. Christopher Patrick Gunn and Jeremy Brendan Sears Christopher Patrick Gunn had two methods of catfishing young girls to extort them for sexual photos.163 In one, he would reach out through a fraudulent Facebook profile and pretend to be a new kid in town looking for friends\u2014a ruse that conveniently explained away why his potential victim never would have heard of him before.164 In his second method, he would contact girls over online chatting apps such as Omegle \u2014a service that randomly pairs chatters for anonymous conversations \u2014and pretend to be none other than pop heartthrob Justin Bieber, roaming the Internet in the 150 151 152 153 154 155 156 157 158 159 160 161 162 163 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 33/67 hopes of meeting his fans. As Bieber, he would offer free concert tickets or backstage passes to his young fans if they sent photos or video of their bare chests. He would then quickly move to make ever-more-invasive demands of his victims; if they initially sent a picture of their breasts, he would push for a full-body photo or a photo of the girls\u2019 friends bare-chested as well. Gunn was not alone in targeting young Beliebers as potential victims for sextortion. Jeremy Brendan Sears got his start in the \u201cBieber Hijacking and Trolling Company,\u201d an online group that trolled girls\u2019 fan-sites for Bieber and the boyband One Direction. Soon, Sears struck out on his own, harassing the young website owners and spamming their pages in order to extort the girls for explicit photos and videos. The fans, who had invested months or even years of work in collecting pictures of their idols, were desperate to regain control over their webpages\u2014which was exactly what made them vulnerable to Sears. Sears would also catfish victims using fake social media profiles and post victims\u2019 contact information online, promising to remove it only if the victims provided photographs or video. When interviewed by the FBI, Sears stated that his sextortion had \u201ca very minor sexual thing to it,\u201d but that the primary appeal was the \u201cpower\u201d it offered him over his victims. Christopher Patrick Gunn was charged with six counts of producing child pornography, two counts of possessing child pornography, seven counts of stalking, 20 counts of extortion, and eight counts of interstate transmission in aid of extortion. He pleaded guilty to two counts of producing child pornography and four counts of extortion, and was sentenced to 35 years in prison. Jeremy Brendan Sears received a sentence of 15 years after pleading guilty to just one count of producing child pornography. He was originally charged with 16 counts of producing child pornography, 11 counts of distributing or receiving child pornography, one count of possessing child pornography, one count of extortion, one count of computer fraud, and one count of aggravated identity theft. Richard Finkbiner When agents searched Richard Finkbiner\u2019s rural Indiana home in 2012, they discovered more than 22,000 video files saved on his computer, roughly half of which 164 165 166 167 168 169 170 171 172 173 174 175 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 34/67 were sexually explicit and most of which depicted minors. Finkbiner routinely sextorted so many people for these videos, he told the FBI, that it was impossible for him to recognize the images of any one particular victim that agents had presented to him: he had too many victims to recall them individually. Finkbiner would reach out to potential victims\u2014usually teenage boys\u2014through Omegle or other anonymous chatting programs. Like Chansler, he would ask them to strip and perform sexual acts while he surreptitiously recorded them, hiding his own identity by displaying sexually explicit videos in place of his own camera feed. Then he would threaten to upload the video to pornographic websites unless the victims emailed him\u2014and as soon as they did so, he would threaten to distribute the material to friends, family, and school acquaintances unless they agreed to become what he referred to as his \u201ccam slaves.\u201d In as many as three cases, Finkbiner may have used image editing software to trick his victims into believing that he had uploaded their videos to pornographic sites. ( Memo.pdf) 176 177 178 179 180 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 35/67 At one point, a 17-year-old girl wrote to Finkbiner saying that she had attempted suicide the previous night and would attempt it again if he did not stop his requests. Finkbiner wrote back, \u201cGlad i could help.\u201d When one boy protested against Finkbiner\u2019s requests, Finkbiner responded, \u201cyes it is illegal im ok with that \u2026 i wont get caught im a hacker i covered my tracks.\u201d In fact, he made no effort to hide his address, and the was able to trace the email and Skype accounts he used for sextortion to the small Internet service company registered in his name. Overall, Finkbiner sextorted \u201d \u201chundreds, if not thousands, of . . . minors and adults all over the world,\u201d prosecutors claimed. Most of the victims were minors. He was charged with six counts of producing child pornography, 20 counts of interstate extortion, eight counts of interstate transmission in aid of extortion, two counts of possessing child pornography, and seven counts of stalking. He pleaded guilty to all seven counts of stalking, two counts of producing child pornography, and 15 counts of extortion, and was sentenced to 40 years in prison. Adam Savader Adam Savader, a college student active in Republican politics, spent the summer and fall of 2012 in a prestigious position as Paul Ryan\u2019s \u201csole intern\u201d on the Romney-Ryan presidential campaign. But by September 2012, he had begun sextorting, targeting young women whom he knew from high school or college \u2014one of whom had threatened to take out a restraining order against him in the past. In the case of one victim who was similarly politically active, Savader threatened to release her photos to her mother, her sorority sisters, and the Republican National Committee. He would usually goad his victims into responding to him: a typical series of messages reads, \u201cI\u2019m about to send those pics\u2026 Should I? If not tell me. I\u2019m running out of patience\u2026 Answer me now or pay.\u201d Savader extorted at least 15 women in total, hacking into victims\u2019 email and social media accounts in order to access sexually explicit photos stored there. His college and hometown connections with his victims allowed him access to their accounts, as he could reset their passwords by guessing the answers to security questions that 181 182 183 184 185 186 187 188 189 190 191 192 193 194 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 36/67 asked about information such as high school mascots and street of residence. ( Memorandum.pdf) Once he had the photos, he would contact victims through Google Voice, a service that allows users to create a new number from which to receive and forward calls. Savader\u2019s multiple Google Voice accounts allowed him to keep his cell phone number hidden from his victims, and may also have allowed him to prevent them from contacting him back in turn: Google Voice allows users to turn off call forwarding to their devices, and one victim\u2019s account of her failed attempts to contact Savader is consistent with Savader\u2019s having used this function. Savader used freshly created email accounts to register for the Google Voice numbers, but both the forwarding number for the Google Voice accounts and the addresses used to create those email addresses traced directly back to Savader. Savader was sentenced to two-and-a-half years on one count of cyberstalking after pleading guilty to one count of cyberstalking and one count of extortion; he had originally been charged with four counts of each. While in prison, Savader has registered a Super lobbying for legislation supporting improved reintegration of previously incarcerated individuals into society. According to Savader\u2019s father, the will refrain from fundraising until his son is released from prison. 195 196 197 198 199 200 201 202 203 204 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 37/67 Rinat: Israeli case of sextortion The problem of sextortion is not by any means limited to the United States. In 2013, a 30-year-old man was convicted in Israel of extortion, sexual harassment, and the publication of obscene material after posing as a female soldier on various social media sites and tricking young girls into communicating with him. Under pressure, the communications became sexually explicit and exploitative, with the offender requesting nude photos and other pornographic material from at least three minors. In one instance, the perpetrator filmed a 13-year-old female minor without her knowledge over Skype after pressuring the girl to masturbate on camera. The young girl eventually attempted to end the relationship with the person she knew as \u201cRinat,\u201d cutting off communication with the offender. However, the man then told her that he had recorded all of their online conversations and would publish the material if she refused to continue their relationship. After the victim refused, the sextortionist published explicit images of the minor on Facebook. In another instance, the perpetrator pressed a different 13-year-old minor to engage in sexual acts over Skype. When the minor told the sextortionist that her mother was in the room, he asked and eventually convinced his victim to pretend to change her clothes in front of her webcam, so as not to attract the attention of her mother, and to allow him to see her naked. According to the court opinion, the victim\u2019s mother was present in the room as she was sextorted. The court wrote: \u201cThe thought that children are unsafe in their own home is a difficult one, and it turns out that there, in their own room in their house under the watchful eye of their parents, the appellant managed to trick them, hurt them, and cause them unimaginable harm.\u201d In denying the man\u2019s appeal against the two-year prison sentence imposed on him, the Israeli Supreme Court stated, that \u201cthe appellant\u2019s action, absent any physical contact, does not reduce the severity of the offence.\u201d In a chilling conclusion, the court wrote: \u201cThe thought that children are unsafe in their own home is a difficult one, and it turns out that there, in their own room in their house under the watchful eye of their parents, 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 38/67 the appellant managed to trick them, hurt them, and cause them unimaginable harm.\u201d Impact of sextortion on victims The harm that many victims experience as a result of sextortion is, indeed, unimaginable. But it is also real. Victims of sextortion feel a justified sense of powerlessness and vulnerability: they are at the mercy of their hackers. Victims have described descried feeling like a \u201cslave\u201d to the hackers during the sextortion scheme. Victims of these schemes spend every moment in fear of the next message demanding more compromising pictures or videos, living in perpetual anxiety of the risk of public exposure. With every new picture sent to the hacker is the worry that it isn\u2019t enough or that the hacker will never leave. Related is the feeling of helplessness: the inability to reach out to others about what is going on for fear of the attacker\u2019s retaliation. The days, weeks, and months under the sextortionist\u2019s control can be an absolute \u201cnightmare,\u201d where a victim is \u201ctrapped\u201d and can\u2019t \u201ctalk to anyone.\u201d One teenager told investigators that the experience \u201cfelt like was being virtually raped.\u201d The traumatic effects on child victims can be particularly severe. Younger victims are sometimes paralyzed by the potential social repercussions of sextortion. One victim recounted that, as a young teenager, she was \u201calready getting teased in middle school\u201d and was terrified she might lose friends and become a target of cruel teenage bullying if her classmates found out what was going on. The nature of sextortion also makes for easy victim-blaming: the victims, after all, took pictures and videos of themselves and sent them along. Why didn\u2019t they just refuse to go along with the scheme? Martha Finnegan, an expert in child forensics explains that this kind of psychological cruelty\u2014forcing the victim to participate in the production of these images\u2014can have \u201ca devastating emotional effect\u201d on the victims: [T]hat\u2019s what society doesn\u2019t get: Yes, the girls participated in this. But they\u2019re children; they\u2019re still very much victims. Even though they haven\u2019t been touched, the trauma level we see is as severe as hands-on offenses, 205 206 207 208 209 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 39/67 because a lot of these kids don\u2019t know how to end what can go on, sometimes, for years. \u2026 And they think it\u2019s not happening to anyone else. Children are often the easiest targets of these sorts of crimes not only because of their social vulnerability, but because they often do not realize that what is happening is criminal behavior. They are often left defenseless and too scared to admit to their parents or to anyone else what is happening. They also sometimes have no idea when threats are completely idle ones. One young sextortion victim complied with demands for nude photos because her attacker threatened to \u201cblow up\u201d her computer if she did not, and the computer was a treasured new Christmas present. That defenselessness does not cease even in when the hacking is over and the sextortionist is prosecuted. One of Luis Mijangos\u2019 victims described the visceral fear of her hacker that has stayed with her since, despite Mijangos\u2019 prosecution and ultimate jail time: \u201cHe [still] haunts me every time use the computer.\u201d Another one of Mijangos\u2019 victims explained that moving away from the Los Angeles area has not made her feel any safer: as long as he had an Internet connection, Mijangos was able to attack from anywhere, at any time. This is a crime from which some victims have a great deal of trouble escaping. They carry the weight of this anxiety and distrust with them. To make these points tangible, consider some of the victim impacts from the case studies in the previous section. In sentencing Abrahams, for example, the judge declared: Through his computer skills, he hacked into girls\u2019 computers and observed them in their bedrooms dressing and undressing through cameras, or webcams, on the computers. He hacked their e-mail and social media accounts, and by his own assessment attempted to make them his \u201cslaves.\u201d The intimidation turned to extortion when he demanded that they perform certain acts before the computer camera or face posting of their images on the internet. He did in fact post images. And as one of the victims noted, she will never know for rest of her life when those images will resurface on the internet. 210 211 212 213 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 40/67 In the Chansler case, impact statements for five victims and their family members were introduced at sentencing. One victim described herself as becoming a \u201chollow shell\u201d under the onslaught of Chansler\u2019s demands, plagued by panic attacks. The mother of another victim explained that her daughter now becomes uncomfortable whenever she steps out onto the street, constantly wondering if any passersby have seen her naked. An special agent assigned to the case described the situation of one young girl who was forced to leave school and move hundreds of miles away out of fear for her life, returning home only when she learned from agents that Chansler had been arrested. Impact statements submitted in the Savader case make clear how an ever-present stream of threats can lead to victims\u2019 psychological exhaustion. One woman characterized the experience as an unending \u201cbarrage of harassment,\u201d leading to a \u201cfeeling of helplessness [that] consumed almost every aspect of my life.\u201d Another described the extensive reach of Savader\u2019s sextortion: The harassment invaded every part of my life. There were times when needed to completely turn my phone off to avoid receiving continuous harassment almost every minute. There was no way to block the messages because the numbers were constantly changing received messages on my cell phone while at home in Pennsylvania, in the classroom in D.C., and even on vacation with my family in Florida. The fake Facebook account then began contacting my mother, stepfather, brother, boyfriend, and best friend. The fake account sent messages to my family seeking further pictures of me. At this point, everyone in both my boyfriend\u2019s family and mine were involved. When the texts would not stop was forced to contact my cell phone provider and change my cell phone number. The sentencing transcript in the Ivory Dickerson case and the government\u2019s sentencing memorandum in the Finkbiner case makes for particularly ugly reading. In Dickerson\u2019s case, one victim reported that she became \u201cafraid to go to school \u2026 afraid to walk outside\u201d for fear that she would meet her tormenter. The parents of a second victim testified that they constantly feared for their daughter\u2019s life: \u201cwe had no idea what would happen when she went to the school, to the store, to anywhere.\u201d The atmosphere of fear in the family was such that this second victim\u2019s younger brother began to worry that Dickerson would come and hurt him in his sleep. 214 215 216 217 218 219 220 221 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 41/67 In Finkbiner, the government did not introduce victim impact statements. It did, however, lay out what Finkbiner made some of his victims do. In addition, as we noted above, to driving one girl to a suicide attempt, he forced children to engage in all sorts of highly-degrading sexual activity. The following is an almost random sample: C. Finkbiner\u2019s Victimization of John Doe 2 (Count 2 of the First Information) At the time of Finkbiner\u2019s offense against him, John Doe 2 was a 14-year- old boy located in Sissonville, West Virginia. During a March 10, 2011, video chat session, Finkbiner demanded that John Doe 2 model a jock strap, dance naked, do sit-ups, masturbate and eat his ejaculate, and penetrate his anus with a finger. John Doe 2 complied with Finkbiner\u2019s demands, which Finkbiner recorded on video. During a March 14, 2011, video chat session, Finkbiner demanded that John Doe 2 wear short shorts, strip naked, dance, masturbate, wear a wet t-shirt and jock strap, dance, strip again, do sit-ups and simulate sex with a pillow. John Doe 2 again complied with Finkbiner\u2019s demands, which Finkbiner recorded on video. During a March 16, 2011, video chat session, Finkbiner demanded that John Doe 2 do a strip dance, masturbate, wear his jock strap backwards, dance, get naked again, do push-ups and masturbate again. John Doe 2 again complied with Finkbiner\u2019s demands, which Finkbiner recorded on video. D. Finkbiner\u2019s Victimization of John Doe 3 (Count 3 of the First Information) At the time of Finkbiner\u2019s offense against him, John Doe 3 was a 14-year- old boy located in Dubuque, Iowa. During a May 10, 2011, chat session, Finkbiner recorded a video of John Doe 3 masturbating. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 42/67 During another video chat session about an hour later, John Doe 3 initially refused to show Finkbiner his face on camera. Finkbiner stated that he knew John Doe 3 lived in Dubuque, Iowa, and threatened to send the video to named individuals and teachers who knew John Doe 3, and a named high school. John Doe 3 then agreed to comply with Finkbiner\u2019s demands. During this chat session, Finkbiner demanded that John Doe 3 strip, dance, masturbate, and show Finkbiner his anus. John Doe 3 complied with Finkbiner\u2019s demands, which Finkbiner recorded on video. E. Finkbiner\u2019s Victimization of John Doe 4 (Count 4 of the First Information) At the time of Finkbiner\u2019s offense against him, John Doe 4 was a 15-year- old boy located in River Falls, Wisconsin. During a May 12, 2011, video chat session, Finkbiner recorded a video of John Doe 4 masturbating. During another video chat session about 20 minutes later, Finkbiner demanded that John Doe 4 be his \u201ccam slave\u201d and engage in additional sexually explicit conduct on video. John Doe 4 initially refused to comply. Finkbiner threatened to send the video to individuals and teachers who knew John Doe 4, naming the individuals and a high school. John Doe 4 then agreed to comply with Finkbiner\u2019s demands. Finkbiner demanded that John Doe 4 dance like \u201ca stripper,\u201d masturbate, and show Finkbiner his anus. Finkbiner demanded that John Doe 4 play with his nipples, then lay in bed and masturbate. Finkbiner then told John Doe 4 to ejaculate into his hand, lick up his ejaculate and show his mouth full of ejaculate to Finkbiner on camera. John Doe 4 complied with Finkbiner\u2019s demands, which Finkbiner recorded on video. Finkbiner then told John Doe 4 to contact him again the next day. John Doe 4 pleaded with Finkbiner not to have to engage in any more activity on camera. Finkbiner stated \u201ccomplain and ill fukk u over,\u201d \u201cdepends on u.\u201d John Doe 4 then asked Finkbiner to just get it all done at that time, Finkbiner stated \u201cull be fine dgo do ur hw or somthing.\u201d John Doe 4 continued to plead with Finkbiner, stating \u201cno please im scared i dont wanna worry about this please.\u201d Finkbiner did not respond further to John Doe 4.222 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 43/67 Conclusion Congress should consider adopting a federal sextortion statute that addresses the specific conduct at issue in sextortion cases and treats the age of the victim as an aggravating factor, not as a core element of the offense. The discussion above suggests a number of important policy and social interventions. Our purpose in this paper is largely to describe a serious problem of whose existence many people are unaware. But to describe this problem is also to notice serious deficiencies in the way we are addressing the matter as a society. The following are several recommendations aimed at different levels of society: Recommendations for lawmakers The law currently contains two startling deficiencies that lead to serious sentencing disparities in sextortion cases. The first is the absence of any parallel in cases involving adult victims for the severe sentencing associated with federal child pornography prosecutions. The disparity is understandable as an original matter: adult pornography is, as a general matter, constitutionally protected speech and expression, whereas the federal government has an abiding interest in protecting children against exploitation in fashions that implicate federal jurisdiction. In this context, however, as we have explained, the disparate treatment of adults and children results in a gross under-protection of adult women relative to children of either gender in the interstate coerced production of pornography. Exacerbating this problem is the relative weakness of many state laws. Some serious sextortion cases we reviewed were prosecuted at the state level as misdemeanors. Recommendation #1: Given that these cases are numerous, many are interstate in nature, and most being prosecuted federally anyway, Congress should consider adopting a federal sextortion statute that addresses the specific conduct at issue in sextortion cases and does not treat the age of the victim as a core element of the offense. Specifically, as we lay out in greater depth in a separate paper, \u201cClosing the Sextortion Sentencing Gap,\u201d we believe this statute should combine elements of the federal interstate extortion statute with elements of the aggravated sexual abuse statute and have sentencing that parallels physical-world sexual assaults. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 44/67 Recommendation #2: State lawmakers should likewise adopt strong statutes with criminal penalties commensurate with the harm sextortion cases do. More broadly, states should carefully review their statutes relative to the production and distribution of non-consensual pornography. Many states have no such laws. Others have laws of inadequate force. In our view, states should both criminalize the production and distribution of nonconsensual pornography and give victims of it reasonable civil remedies against their victimizers. In combination with a federal statute, this would create a number of avenues for victims to pursue. Recommendations for federal authorities Short of the adoption of new legislation, there are important steps available to the Justice Department and the to take administratively. One striking feature of the sextortion problem is that nobody knows how widespread or serious it is, because nobody publishes good data on sextortion cases at either the state or federal levels. The lack of readily available data takes place even as the has repeatedly warned of the problem and even as the Justice Department has announced Project Safe Childhood, which the department describes as \u201ca Department of Justice initiative launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children.\u201d[225 number of Justice Department press releases in sextortion cases describe the prosecutions in question as taking place under the Project Safe Childhood umbrella. It is striking that even the project under which sextortion prosecutions take place cannot readily identify or count them. Moreover, the federal system is notably uneven in its focus on sextortion cases. We think it unlikely that four of our cases come each from such jurisdictions as the Central District of California, the Middle District of Florida, and the Northern District of Georgia because these jurisdictions are particularly rife with sextortionists. We suspect, moreover, that the reason three of our cases come from state court in Wisconsin has more to do with the attention in that state of a single local prosecutor named Erin Karshen\u2014who cares about the issue\u2014than with the prevalence of the offense in Milwaukee. We also suspect that the apparent absence of cases (at least in our dataset) from such powerhouse prosecutorial districts as the Southern and Eastern Districts of New York does not reflect the fact that New York City is a sextortion-free zone. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 45/67 Recommendation #3: The federal government should develop and maintain robust data on federal prosecutions of sextortion and other cases involving the non- consensual production of pornography and cyberstalking. It should not wait to do so until Congress passes statutes specifically criminalizing sextortion. The conduct is all already covered by federal statutes; it is mostly prosecuted, as we have seen, in federal court. Having access to good data on federal handling of these cases is critical both to raising awareness of the problem and to developing more refined statutory tools for addressing it. Recommendation #4: U.S. Attorneys and Special Agents in Charge in jurisdictions which have not seen these cases should not conclude that they are not taking place but that they have probably overlooked them. Prosecutors and investigators should operate on the presumption that sextortion is taking place everywhere and should devote human resources to investigating and prosecuting sextortion cases as part of their broader focus on child exploitation. Recommendation #5: They should also adopt as policy what is already de facto practice: Federal authorities, being both better positioned for interstate and international investigations than state or local authorities and having the stronger laws and penalties, should presume\u2014in contrast to many other sex crimes cases\u2014 that they are an investigative and prosecutorial front line. Unlike physical sexual assaults, which are presumptively local in nature, sextortions take place in a domain that is generally non-local and often requires complex interjurisdictional machinations and technical forensics. These cases are, much of the time, best handled at the federal level. Recommendations for device manufacturers and Internet companies Webcams are a great innovation for human connectivity. They are also often insecure and offer sextortionists and other bad cyber actors literal visibility into the activity of non-consenting targets. Similarly, relatively lax password controls\u2014and relatively simple password recovery\u2014on social media platforms makes hacking accounts too easy. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 46/67 Recommendation #6: Hardware manufacturers should build into computers easy slip-over webcam masks that allow users to physically cover their computers\u2019 camera when it is not in use. More generally, hardware manufacturers should consider whether the security risks of software-driven webcams exceed the convenience benefits and whether a physical switch disabling webcams should be the preferred norm. By one means or another, computer manufacturers should make it convenient and easy to physically disable when not in use those hardware devices that hackers can use to turn computers into surveillance devices. Recommendation #7: Account hacking would be far more difficult if Internet and social media companies required the use of strong passwords and made those passwords recoverable based on criteria other than data hometown stalkers know well or can guess easily. Recommendations for parents and teachers and victims One of the factors that makes sextortion cases, particularly those involving child victims, difficult to uncover is the intergenerational gap in sexual mores concerning online activities. Teenagers often send nude pictures of themselves to one another. Their parents find this shocking. And this gap in attitude inhibits communication between generations when what a teenager may regard as innocent sexting suddenly turns very ugly. Yet one of the features of these cases that jumps out at even a casual reader is how much better those victims who have an adult to turn to fare than those who are too humiliated to tell a parent or a teacher what is happening to them. Parents are better positioned to activate law enforcement than are children. And every sextortionist who gets caught has one thing in common: a victim who talked to someone that victim decided to trust. This observation has important process implications. Recommendation #8: It is critically important for parents and teachers to establish with their children a no-judgment, no-questions reporting regime for sexual exploitation online. Children need to understand that there are ways out of the traps the sextortionists have them in. And responsible adults need to create mechanisms the children they are responsible for feel safe using when they are threatened. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 47/67 Finally, there is one critical recommendation with respect to victims of sextortion, both those currently subject to it and those who have been victimized in this past. Recommendation #9: Victims need to be enabled to come forward and, to the extent they wish, speak up. Current victims of sextortion may or may not understand that the person victimizing them may also be doing the same thing to literally hundreds of other people and will not stop until someone gets law enforcement involved. Past victims have a role to play in making current victims understand that they are experiencing something that is both common and not their fault. Yet it can be extremely difficult for victims to come forward, especially in the absence of assurances that the law will protect them and that law enforcement will treat them with respect and dignity. In this context, it is especially troubling that child pornography laws in many jurisdictions have been used to punish minors for creating images of themselves\u2014a reality that means that minor victims potentially put themselves in legal jeopardy by coming forward. Only by making it possible to talk about sextortion will society lessen the power of those who engage in it. After this text of this paper was finalized for publication, the U.S. Department of Justice released \u201cThe National Strategy for Child Exploitation Prevention and Interdiction,\u201d a report to Congress. Released on April 19, 2016, that document discusses in greater depth than the department had in the past the crime of sextortion, at least as committed against children, and is consistent with the findings published in this report that relate to child sexual exploitation. The Justice Department report confirms that \u201csextortion is by far the most significantly growing threat to children\u201d and that \u201csextortion cases tend to have more minor victims per offender than all other child sexual exploitation offenses.\u201d The document also references a 2015 analysis of 43 cases of sextortion which found that \u201cat least 28 percent of these cases had at least one victim who committed or attempted suicide.\u201d As of this writing, however, the has not made this analysis available to us. The National Strategy is a recommended resource for anyone looking to gather information as to how law enforcement plans to tackle the growing crime of sextortion. It suffers, however, from several of the deficiencies on which we have focused in this report. It contains no authoritative data on the scope of the problem or on the number of prosecutions. And the document focuses exclusively on the problem of sextortion as a species of child exploitation, ignoring the many adults victimized as well. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 48/67 Citation: U.S. Dep\u2019t of Justice, The National Strategy for Child Exploitation Prevention and Interdiction, (April 2016), . Click here to read the companion report: \u201cClosing the sextortion sentencing gap legislative proposal\u201d ( sextortion-sentencing-gap-a-legislative-proposal Benjamin Wittes Senior Fellow - Governance Studies, Editor-in- Chief - Lawfare Cody Poplin Research Assistant Quinta Jurecic Fellow - Governance Studies, Senior Editor - Lawfare Clara Spera Footnotes @benjaminwittes @qjurecic Government\u2019s Objections to the and Sentencing Position at 21, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). 1. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 49/67 Complaint at 13, United States v. Mijangos, No. 10-743 (C.D. Cal. June 17, 2010). Id. at 12. Id. Affidavit for Search Warrant at 9, United States v. Mijangos, No. 10-743 (C.D. Cal. Mar,. 2010). Indictment at 2, United States v. Mijangos, No. 10-743 (C.D. Cal. July 8, 2010). Government\u2019s Objections to the and Sentencing Position at 3, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). Indictment at 3, United States v. Mijangos, No. 10-743 (C.D. Cal. July 8, 2010). Id. Id. at 5. Government\u2019s Objections to the and Sentencing Position at 5, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). Indictment at 4, United States v. Mijangos, No. 10-743 (C.D. Cal. July 8, 2010). See Id. at 6. See also Complaint at 9, United States v. Mijangos, No. 10-743 (C.D. Cal. June 17, 2010); Government\u2019s Objections to the and Sentencing Position at 4, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). See Indictment at 4, United States v. Mijangos, No. 10-743 (C.D. Cal. July 8, 2010); Government\u2019s Objections to the and Sentencing Position at 1, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). Id. Id. at 1, 18. Complaint at 16, United States v. Mijangos, No. 10-743 (C.D. Cal. June 17, 2010). David Kushner, The Hacker is Watching Magazine (Jan. 11, 2012), . Complaint at 10, United States v. Mijangos, No. 10-743 (C.D. Cal. June 17, 2010). Id. Government\u2019s Objections to the and Sentencing Position at 21, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). Indictment at 4, United States v. Mijangos, No. 10-743 (C.D. Cal. July 8, 2010). Complaint at 8, United States v. Mijangos, No. 10-743 (C.D. Cal. June 17, 2010). 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 50/67 Government\u2019s Objections to the and Sentencing Position at 1, United States v. Mijangos, No. 10-743 (C.D. Cal. July 20, 2011). Id. Id. at 16. Id. Id. at 17. \u201cOrange County Man Suspected of Hacking Computers Arrested on Federal Charges Related to Demands for Sexually Explicit Videos from Women and Teenage Girls,\u201d U.S. Attorney\u2019s Office, Central District of California, June 22, 2010. Accessed on March 8, 2016 ( ) See Plea Agreement, United States v. Mijangos, No. 10-743 (C.D. Cal. Mar. 11, 2011). See Judgment, United States v. Mijangos, No. 10-743 (C.D. Cal. Sept. 16, 2011). Complaint at 7, United States v. Mijangos, No. 10-743 (C.D. Cal. June 17, 2010). Marisol Bellow, \u2018Sextortion\u2019 is an Online \u2018Epidemic\u2019 Against Children Today (July 2, 2014), . Conversation with Elishe Julian Wittes. State of Rhode Island v. Joseph Simone, No. P2-2012-0684A (Providence County Superior Court). See also W. Zachary Malinowski, Former Moses Brown Wrestling Coach Sentenced for Child Pornography, Indecent Solicitation of Minor and Extortion, Providence Journal (Dec. 12, 2014), . United States v. Adam Savader, No. 13-20522 (E.D. Mich.). See, e.g., United States v. Killen, No. 15-20106-KMM-1 (S.D. Fla.); United States v. Finkbiner, No. 12-00021-WTL-CMM-1 (S.D. Ind.). See also Matt Hennie, Teen Tried Suicide During Sextortion by Ga. Man, Project Atlanta (May 5, 2015), . See United States v. Ralph Daniel Smith, No. 15-00342-BKS-1 (N.D.N.Y.); United States v. Russell Freed, No. 11-00132 (W.D. Pa.). See comment on note 36. Benjamin Wittes, Cody Poplin, Quinta Jurecic & Clara Spera, Closing the Sextortion Sentencing Gap Legislative Proposal, Brookings (May 11, 2016). See, e.g., Charles Wilson, Online \u2018Sextortion\u2019 Of Teens On The Rise: Feds, Associated Press (Oct. 14, 2010), 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. online/11580633/ 34. 35. 36. 37. gid=13497 38. 39. 40. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 51/67 ; Kristine Johnson, Analyzing The Disturbing World of \u2018Sextortion New York (Nov. 1, 2010), . \u2018Sextortion\u2019 Charges To Come Up Next Week, Los Angeles Times (Apr. 5, 1950), archived at . See, e.g., Press Release, U.S. Attorney\u2019s Office for the Eastern District of Virginia, Virginia Man Sentenced to 24 Years for Sextortion of Minors on Facebook (Sept. 25, 2014), . Kate Murphy, In Online Dating, \u2018Sextortion\u2019 and Scams, New York Times (Jan. 15, 2016), . Sheryl Gay Stolberg and Richard P\u00e9rez-Pe\u00f1a, Wildly Popular App Kik Offers Teenagers, and Predators, Anonymity, New York Times (Feb. 5 2015), . Michael Joseph Gross, Sextortion at Eisenhower High Magazine (Jun. 30, 2009), . David Kushner, The Hacker is Watching Magazine (Jan. 11, 2012), . Bill Rankin, Predators Exploit Social Sites for \u2018Sextortion\u2019 of Minors, Atlanta Journal- Constitution (May 4, 2013), ; Dan Sewell, Ohio Cases Highlight Online Targeting, \u2018Sextortion\u2019 of Teens, Associated Press (Oct. 25, 2015), ; Marisol Bello, \u2018Sextortion\u2019 is an Online \u2018Epidemic\u2019 Against Children Today (July 2, 2014), . See Digital Citizens Alliance , Selling \u201cSlaving\u201d: Outing the Principal Enablers that Profit from Pushing Malware and Put Your Privacy at Risk (July 2015), . Darcy Katzin et al., Social Networking Sites: Breeding Grounds for \u201cSextortion\u201d Prosecutions, U.S. Att\u2019y\u2019s Bull., Sept. 2011, at 54\u201358, . teen_n_682246.html 41. FMT=CITE&FMTS=CITE:AI&type=historic&date=Apr%2005,%201950&author=&pub os%20Angeles%20Times&edition=&startpage=&desc=%27SEXTORTION%27%20CH ARGES%20TO%20COME%20UP%20NEXT%20WEEK 42. 24-years-for-sextortion-of-minors-on-facebook 43. and-scams.html?_r=1 44. crime.html 45. 46. 47. social-sites-for-sextortion-of-m/nXhBK/? icmp=ajc_internallink_invitationbox_apr2013_ajcstubtomyajcpremium cases-highlight-online-targeting-sextortion-teens online/11580633/ 48. 027202-8151-4903-9c40-b6a8503743aa.pdf 49. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 52/67 Cyber Alert for Parents & Kids, Tip #2: Beware of \u2018Sextortion\u2019 (Feb. 2, 2010), ; see also Special Agent Nickolas Savage Dicusses \u2018Sextortion\u2019 (last accessed Mar. 24, 2016), . Oversight Hearing of the Federal Bureau of Investigation: Before the H. Comm. on the Judiciary, 113th Cong. 19 (2013) (statement of Robert S. Mueller, III, Director, Federal Bureau of Investigation). Sextortion: Help Us Locate Additional Victims of an Online Predator (July 7, 2015), . What is Sextortion? (July 7, 2015 This Week: Sextortion Reports on the Rise (July 7, 2015), . Federal Bureau of Investigation SEXTORTION: Sextortion of Children in the United States Fact Sheet for Parents and Children, (July 2015), . See Tracy Webb, The Brave New World of Cyber Crime Investigation and Prosecution, 19 Nexus J. Op. 77, 82\u201383 (2013/2014) (discussing sextortion\u2014defined as \u201cextortion using sexual images\u201d\u2014briefly in the context of a wider paper about the development of cybercrime in the new social media age); Clay Calvert et al., Playing Legislative Catch-Up in 2010 With a Growing, High-Tech Phenomenon: Evolving Statutory Approaches for Addressing Teen Sexting, 11 PGH. J. Tech. L. & Pol\u2019y 1, 56\u201357 (2010) (noting in the conclusion that sextortion is a growing phenomenon to which lawmakers should pay attention); Sherry Capps Cannon, OMG! \u201cSexting\u201d: First Amendment Right or Felony?, 38 S.U. L. Rev. 293, 295 (2011) (mentioning sextortion as an \u201calarming trend\u201d in the broader context of sexting and the advent of technology); Laure E. Gomez-Martin, Smartphone Usage and the Need for Consumer Privacy Laws, 12 PGH. J. Tech. L. & Pol\u2019y 2, P12 (2012) (referencing sextortion very briefly and in general terms). Susan Brenner, Cybercrime and the Law: Challenges, Issues, and Outcomes 87, (Northeastern University Pres,s 2012). See Danielle Keats Citron, Hate Crimes in Cyberspace, (Harvard University Press, 2014). Citron\u2019s book focuses on cases involving the denial of economic, social, and political opportunities we tend to associate with civil rights. Moreover, sextortion often involves minors, whereas Citron\u2019s book focuses on the ways in which cyber harassment and stalking deprives adult women, particularly young women, of important life opportunities. Email from Tracey Kyckelhahn, PhD, Statistician at Bureau of Justice Statistics (Sept. 15, 2015). 50. agent_021012 51. 52. 53. 54. rise.mp3/view 55. 56. 57. 58. 59. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 53/67 Email from Federal Bureau of Investigation Office of Public Affairs (Sept. 9, 2015)) (linking to webpage on program, (last accessed Mar. 29, 2016)). Email from Peter Carr, Spokesman for the Dep\u2019t of Justice (Sept. 11, 2015). Email from Mary Anne Franks, Associate Professor of Law at the University of Miami School of Law and Vice President of the Cyber Civil Rights Initiative (Sept. 2015); Email from Carrie Goldberg, Founding Attorney at C. A. Goldberg and Board Member and Volunteer Attorney at the Cyber Civil Rights Initiative (Sept. 2015). Email to Elisa D\u2019Amico, Partner at Gates and Co-Founder of the Cyber Civil Rights Legal Project (Sept. 2015). Email to Family Online Safety Institute (Sept. 2015). Email from Thorn: Tech Innovation to Fight Child Sexual Exploitation (Sept. 2015).Email to National Center for Missing and Exploited Children (Sept. 2015). National Center for Missing and Exploited Children, Sextortion (last accessed Apr. 12, 2015), See, e.g. United States v. Tyler Schrier, Keith James Hudson, and Ryder Finney, No. 11- 01175 (C.D. Calif.); People v. Kevin Bollaert, No. CD252338 (Sup. Ct. of Calif., San Diego County). Manuel Mogato, Philippines Dismantles International \u2018Sextortion\u2019 Gangs with Massive Arrest Sweep, Reuters (May 2, 2014), . The cases included in this study are: United States v. Jonathan Vance, No. 08-00194- WHA-CSC(M.D. Ala.); United States v. Jared James Abrahams, No. 8:13-CR-00199 (C.D. Ca.); United States v. Luis Mijangoes, No. 2:10-CR-00743 (C.D. Ca.); United States v. Karen Kazaryan, No. 2:13-CR-56 (C.D. Ca.); United States v. Jeremy Brendan Sears, No. 2:14-CR-00274 (C.D. Ca.); United States v. Jason Betensky, No. 3:11-CR- 00015 (D. Conn.); United States v. Joshua Blankenship, No. 8:11-CR-00461 (D. Md.); United States v. Marc Joseph Punzalan, No. 8:14-CR-00252 (D. Md.); United States v. James F. Connor V, No. 1:15-CR-10398 (D. Mass.); United States v. Anton Martynenko, No. 0:16-CR-00013 (D. Minn.); United States v. Theodore J. Castine, No. 6:11-CR- 00020 (D. Mont.); United States v. Ryan J. Vallee, No. 1:15-CR-115-01 (D. N.Hamp.); United States v. John Bryan Villegas, No. 1:13-CR-00075 (D. N. Hamp.); United States v. Bryan Jacobs, No. 1:10-CR-801 (D.N.J.); United States v. Dustin Coleman, No. 3:14-CR-4 (D. N. Dak.); United States v. Mario Lebron-Caceres, No. 3:15-CR-00279 (D.P.R.); United States v. Jimmy Caraballo-Colon, No. 3:13-CR-00383 (D.P.R.); United States v. Mark Robert Reynolds, No. 4:14-CR- 00547 (D.S.C.), United States v. Garrett Drew Roegner, No. 4:14-CR-00547 (D.S.C.); United States v. Brian Caputo, No. 14-CR- 00041 (E.D. Ca.); United States v. Jordan James Kirby, No. 14-CR-225 (E.D. Ca.); United States v. Sungkook Kim, No. 6:08-CR-00134 (E.D. Kent.); United States v. John 60. us/investigate/vc_majorthefts/cac/overview-and-history 61. 62. 63. 64. 65. 66. 67. 68. raids_n_5251413.html 69. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 54/67 Michael Fowler, No. 2:14-CR-290 (E.D. La.); United States v. Adam Paul Savader, No. 2:13-CR-20522 (E.D. Mich.); United States v. Nicholas Glenn Wilcox, No. 2:15-CR-20682 (E.D. Mich.); United States v. Christopher Steibing, No. 2:14-CR- 00256 (E.D. Penn.); United States v. Nicholas Joseph Rotundo, No. 4:14-CR-166 (E.D. Tex.); United States v. Cameron Scot Bivins-Breeden, No. 3:14-CR-00057 (E.D. Va.); United States v. Daniel Chase Harris, No. 2:14-CR-00076 (E.D. Va.); United States v. Christopher Patrick Gunn, No. 2:12-CR-064 (M.D. Ala.); United States v. Melvin Barber Bridgers III, No. 8:14-CR-00445 (M.D. Fla.); United States v. Lucas Michael Chansler, No. 3:10-CR-00100 (M.D. Fla.); United States v. Patrick Connolly, No. 6:09-CR-00047 (M.D. Fla.); United States v. Ivory Dickerson, No. 6:06-CR-00238, 6:07-CR-150-ORL-22UAM (M.D. Fla.); United States v. Matthew C. Walker, No. 3:15- CR-00119 (M.D. La.); United States v. Corey Gallisdorfer, No. 1:12-CR- 00001-WO-1 (M.D. N. Caro.); United States v. Joseph J. Ostrowski, No. 3:12-CR-00131 (M.D. Penn); United States v. Tremain Hutchinson, No. 1:12-CR-00409 (N.D. Georgia); United States v. Michael Ford, No. 1:15-CR-00319 (N.D. Georgia); United States v. Michael Macaluso, No. 1:09-CR-170 (N.D. Georgia), United States v. Destin Whitmore, No. 1:14-cr-00054 (N.D. Georgia); United States v. Brian Newman, No. 3:12-CR-69 (N.D. Ind.); United States v. Ralph Daniel Smith, No. 15-CR- 342 (N.D.N.Y.); United States v. William T. Koch, No. 1:13-CR-70 (N.D. Ohio); United States v. Gregory Bogomol, No. 4:14-CR-00174 (N.D. Tex.); United States v. Joshua James Geer, No. 4:13-cr-00036-HLM-WEJ-1 (N.D. Georgia); United States v. Jesus Javier Hernandez Carvajal, No. 1:15-CR-20595 (S.D. Fla.); United States v. Patrick Killen, No. 15-CR-20106 (S.D. Fla.); United States v. Richard Leon Finkbiner, No. 2:12- CR-00021 (S.D. Ind.); United States v. Trevor Shea, No. 1:10-CR-00096 (S.D. Ind.); United States v. Austin Williams, No. 1:13-CR-226 (S.D. Ind.); United States v. Bryan Harris, No. 1:15-CR-108 (S.D. Ohio); United States v. Cody Lee Jackson, No. 1:15-CR-118-MRB-1 (S.D. Ohio); United States v. Nicholas Kurtz, No. 1:15-CR-107 (S.D. Ohio); United States v. Jorge Juan Perez, No. 4:10-CR-00855 (S.D. Tex.); United States v. Jesse S. Williams, No. 1:14-CR-5 (W.D. Kent.); United States v. James Allen, No. 1:13- CR-00022 (W.D.N.Y.); United States v. Russell Freed, No. 2:11-CR-00132 (W.D. Penn.); United States v. Michael Martinez, No. 15-CR-973 (W.D. Tex.); United States v. Kai Lundstroem Pedersen, No. 4:10-CR-257 (W.D. Miss.); United States v. Wesley Brandt, No. 8:11-CR-58 (M.D. Fla.); United States v. Lucas Robinson, No. 1:12-CR-89 (N.D. Iowa); United States v. Christopher DeKruif, No. 4:15-CR-20143 (E.D. Mich.); Colorado v. Gregory Kasarcik (Jefferson County), see ( ); California v. Cesar Mauricio Estrada-Davila, No. MA066758 (Los Angeles); Wisconsin v. Gerardo Diaz Chavez, No. 2015CF004500 (Milwaukee); Wisconsin v. Cameron Wiley, No. 2015CM369 (Milwaukee); Wisconsin v. Justin Tunks, No. 2015CF003012 (Milwaukee); Florida v. Jarrod James Williams, No. 2015 001627 (Osceola County); Missouri v. Denis Aguilar, No. 14AE-CR01664-01 (Platte County); Florida v. Daniel Dunfee, No. 2015CF003934A000XX (Polk County); Rhode Island v. Joseph Simone, No. P2-2012-0684A (Providence); New Jersey v. Miguel Angel Moran (Somerset County), see ( ); Kentucky v. Chase Coston (Warren County), see ( ); attorney/news/2015/gregory-kasarcik-sentenced-for-sexual-exploitation-of-a-child/ of-coercing-juvenile/article_294abd2d-510c-5975-9f21-e8f27d523132.html 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 55/67 Wisconsin v. Anthony Stancl, No. 68041000028558 (Waukesha County); Plony (John Doe) v. The State of Israel, Crim. App. 2656/13; Eduardo Arturo Romero Barrios (Mexico), see ( ; and Aydin Coban (Netherlands), see ( ). The jurisdictions in which sextortion cases were prosecuted are: Alabama Middle District, Central District of California, District of Connecticut, District of Maryland, District of Massachusetts, District of Minnesota, District of Montana, District of New Hampshire, District of New Jersey, District of North Dakota, District of Puerto Rico, District of South Carolina, Eastern District of California, Eastern District of Kentucky, Eastern District of Louisiana, Eastern District of Michigan, Eastern District of Pennsylvania, Eastern District of Texas, Eastern District of Virginia, Middle District Alabama, Middle District of Florida, Middle District of Louisiana, Middle District of North Carolina, Middle District of Pennsylvania, Northern District of Georgia, Northern District of Indiana , Northern District of New York, Northern District of Ohio, Northern District of Texas, Southern District of Florida, Southern District of Indiana, Southern District of Ohio, Southern District of Texas, Western District of Kentucky, Western District of New York, Western District of Pennsylvania, Western District of Texas, Western District of Missouri, Northern District of Iowa, Jefferson County (Colorado), Los Angeles County (California), Milwaukee County (Wisconsin), Osceola County (Florida), Platte County Circuit Court (Missouri), Polk County (Florida), Providence Superior Court (Rhode Island), Somerset County (New Jersey), Warren County (Kentucky), Waukesha County (Wisconsin), Israel, Netherlands, and Mexico. The states and territories in which these cases were prosecuted include: Alabama, California, Colorado, Connecticut, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Maryland, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia, and Wisconsin. The cases involving only minor victims involve defendants Jeremy Brendan Sears, Jason Betensky, Joshua Blankenship, Marc Joseph Punzalan, Anton Martynenko, Theodore J. Castine, Ryan J. Vallee, Bryan Jacobs, Dustin Coleman, Jimmy Caraballo- Colon, Mark Robert Reynolds, Brian Caputo, Jordan James Kirby, John Michael Fowler, Nicholas Glenn Wilcox, Christopher Steibing, Cameron Scot Bivins-Breeden, Daniel Chase Harris, Plony (John Doe), Gregory Kasarcik, Cesar Mauricio Estrada-Davila, Eduardo Arturo Romero Barrios, Christopher Patrick Gunn, Lucas Michael Chansler, Patrick Connolly, Matthew C. Walker, Corey Gallisdorfer, Gerardo Diaz-Chavez, Cameron Wiley, Tremain Hutchinson, Michael Macaluso, Destin Whitmore, Brian Newman, Ralph Daniel Smith, William T. Koch, Gregory Bogomol, Joshua James Geer, Jarrod James Williams, Denis Aguilar, Daniel Dunfee, Joseph Simone, Miguel Angel Moran, Jesus Javier Hernandez Carvajal, Patrick Killen, Trevor Shea, Austin Williams, Bryan Harris, Cody Lee Jackson, Nicholas Kurtz, Jorge Juan Perez, Chase Coston, Jesse S. Williams, Kai Lundstroem Pedersen, Wesley Brandt, and Lucas Robinson. victims-identified-during-operation-iguardian) charged-1.3290147 70. 71. 72. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 56/67 The cases included in this study involving both minor victims and adult victims include: Jonathan Wryn Vance, Jared James Abrahams, Luis Mijangos, Sungkook Kim, Melvin Barber Bridgers III, Ivory Dickerson, Joseph J. Ostrowski, Aydin Coban, Richard Leon Finkbiner, Anthony Stancl, James Allen, Russell Freed, Michael Martinez, and Christopher DeKruif. The cases included that involve all adult victims are: Karen Kazaryan, James F. Connor V, John Bryan Villegas, Mario Lebron-Caceres, Adam Paul Savader, Nicholas Joseph Rotundo, Justin Tunks, Michael Ford, Garrett Drew Roegner. There is only one case in our study sample in which all victims are adults and the victim population is mixed gender, that of Michael Ford. There are at least five other cases in which there are both adult victims and male victims, though it is not clear how many of the victims are both adult and male in those cases. Those cases involve defendants Joseph J. Ostrowski, Anthony Stancl, Richard Leon Finkbiner, Christopher DeKruif, and Aydin Coban. The cases that involve minor victims in which all identified victims are male include those of: Jason Betensky, Anton Martynenko, Bryan Jacobs, Nicholas Glenn Wilcox, Corey Gallisdorfer, Gerardo Diaz-Chavez, Michael Macaluso, William T. Koch, Gregory Bogomol, Joseph Simone, Patrick Killen, Joseph J. Ostrowski, and Anthony Stancl. The cases in this study that involve minors and both males and females include those of: Jeremy Brendan Sears, John Michael Fowler, Eduardo Arturo Romero Barrios, Tremain Hutchinson, Joshua James Geer, Aydin Coban, Richard Leon Finkbiner, and Christopher DeKruif. The cases in this study that involve social media manipulation include those of: Joseph J. Ostrowski, Brian Newman, Jonathan Wryn Vance, James Allen, Jeremy Brendan Sears, Patrick Connolly, Lucas Michael Chansler, Jared James Abrahams, Nicholas Joseph Rotundo, Mario Lebron-Caceres, Cameron Wiley, Plony (John Doe), Joseph Simone, Joshua Blankenship, Mark Robert Reynolds, Marc Joseph Punzalan, Bryan Jacobs, Austin Williams, Michael Macaluso, Joshua James Geer, Tremain Hutchinson, Ralph Daniel Smith, Anton Martynenko, Cesar Mauricio Estrada-Davila, Jarrod James Williams, Eduardo Arturo Romero Barrios, Russell Freed, Michael Martinez, Christopher Patrick Gunn, Denis Aguilar, Jordan James Kirby, Lucas Robinson, Gerardo Diaz- Chavez, Bryan Harris, Anthony Stancl, Jesus Javier Hernandez Carvajal, James F. Connor V, Gregory Kasarcik, Jason Betensky, Theodore J. Castine, Corey Gallisdorfer, Jesse S. Williams, Cameron Scot Bivins-Breeden, Jorge Juan Perez, Dustin Coleman, Trevor Shea, Gregory Bogomol, Patrick Killen, Brian Caputo, Daniel Dunfee, Miguel Angel Moran, Nicholas Kurtz, Nicholas Glenn Wilcox, Melvin Barber Bridgers III, Aydin Coban, Cody Lee Jackson, Christopher DeKruif, William T. Koch, Wesley Brandt, Kai Lundstroem Pedersen, Daniel Chase Harris, Jimmy Caraballo-Colon, Matthew C. Walker, Chase Coston, and Richard Leon Finkbiner. The cases in this study that involve minors and a form of social media manipulation include those of: Brian Newman, Jeremy Brendan Sears, Patrick Connolly, Lucas Michael Chansler, Cameron Wiley, Plony (John Doe), Joseph Simone, Joshua Blankenship, Mark Robert Reynolds, Marc Joseph Punzalan, Bryan Jacobs, Austin 73. 74. 75. 76. 77. 78. 79. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 57/67 Williams, Michael Macaluso, Joshua James Geer, Tremain Hutchinson, Ralph Daniel Smith, Anton Martynenko, Cesar Mauricio Estrada-Davila, Jarrod James Williams, Eduardo Arturo Romero Barrios, Christopher Patrick Gunn, Denis Aguilar, Jordan James Kirby, Lucas Robinson, Gerardo Diaz-Chavez, Bryan Harris, Jesus Javier Hernandez Carvajal, Gregory Kasarcik, Jason Betensky, Theodore J. Castine, Corey Gallisdorfer, Jesse S. Williams, Cameron Scot Bivins-Breeden, Jorge Juan Perez, Dustin Coleman, Trevor Shea, Gregory Bogomol, Patrick Killen, Brian Caputo, Daniel Dunfee, Miguel Angel Moran, Nicholas Kurtz, Nicholas Glenn Wilcox, Cody Lee Jackson, William T. Koch, Wesley Brandt, Kai Lundstroem Pedersen, Daniel Chase Harris, Jimmy Caraballo-Colon, Matthew C. Walker, and Chase Coston. The cases in this study that involve adult victims and catfishing include those of: Nicholas Joseph Rotundo, Mario Lebron-Caceres, James F. Connor V. The cases in this study that involved adults and some form of computer hacking include those of: Karen Kazaryan, Sungkook Kim, Adam Paul Savader, Luis Mijangos, Michael Ford, Ivory Dickerson, Joseph J. Ostrowski, Jonathan Wryn Vance, James Allen, and Jared James Abrahams. The cases in this study that involved minor victims and computer hacking are: Ryan J. Vallee, Brian Newman, Jeremy Brendan Sears, Patrick Connolly, and Lucas Michael Chansler. The cases in this study that involved computer hacking are: Karen Kazaryan, Ryan J. Vallee, Sungkook Kim, Adam Paul Savader, Luis Mijangos, Michael Ford, Ivory Dickerson, Joseph J. Ostrowski, Brian Newman, Jonathan Wryn Vance, James Allen, Jeremy Brendan Sears, Patrick Connolly, Lucas Michael Chansler, and Jared James Abrahams. See United States v. Joseph Ostrowski, No. 12-00131 (M.D. Penn). See United States v. Dustin Coleman, No. 14-00004 (D. N.D.). See United States v. Jason Betensky, No. 11-00015 (D. Conn). Complaint, United States v. Adam Paul Savader, No. 2:13-cr-20522 (E.D. Mich. Apr. 17, 2013). The cases in this study that included significant interstate elements are those of: Luis Mijangos, Adam Paul Savader, Ivory Dickerson, Michael Ford, James Allen, Jonathan Wryn Vance, Brian Newman, Joseph J. Ostrowski, Jeremy Brendan Sears, Patrick Connolly, Jared James Abrahams, Lucas Michael Chansler, John Bryan Villegas, Destin Whitmore, Christopher Steibing, John Michael Fowler, Christopher Patrick Gunn, Dustin Coleman, Aydin Coban, Patrick Killen, James F. Connor V, Gregory Kasarcik, Miguel Angel Moran, Theodore J. Castine, Jesse S. Williams, Jarrod James Williams, Joshua James Geer, Melvin Barber Bridgers III, Corey Gallisdorfer, Jorge Juan Perez, Brian Caputo, Gregory Bogomol, Cameron Scot Bivins-Breeden, Jason Betensky, Eduardo Arturo Romero Barrios, Nicholas Kurtz, Daniel Dunfee, Trevor Shea, Nicholas Glenn Wilcox, Cody Lee Jackson, Christopher DeKruif, Wesley Brandt, 80. 81. 82. 83. 84. 85. 86. 87. 88. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 58/67 William T. Koch, Chase Coston, Kai Lundstroem Pedersen, Daniel Chase Harris, Matthew C. Walker, Richard Leon Finkbiner, and Jimmy Caraballo-Colon. The following cases had involved more than ten jurisdictions: Michael Ford, Christopher Patrick Gunn, Nicholas Glenn Wilcox, Richard Leon Finkbiner, Jimmy Caraballo-Colon, and Lucas Michael Chansler. The cases in this study involving five or more jurisdictions included those of: Jared James Abrahams, Eduardo Arturo Romero Barrios, Patrick Connolly, Daniel Dunfee, Nicholas Kurtz, Trevor Shea, and Michael Ford. The cases in this study that involve a perpetrator victimizing an individual in a country other than that in which the perpetrator resides include those of: Jesus Javier Hernandez Carvajal, Ivory Dickerson, John Michael Fowler, William T. Koch, Wesley Brandt, Kai Lundstroem Pedersen, Daniel Chase Harris, Chase Coston, Jeremy Brendan Sears, Matthew C. Walker, Patrick Connolly, Jared James Abrahams, Michael Ford, Richard Leon Finkbiner, Jimmy Caraballo-Colon, and Lucas Michael Chansler. The following cases involved demands for actual in-person sexual activity: Garrett Drew Roegner, Denis Aguilar, Jordan James Kirby, Lucas Robinson, Gerardo Diaz- Chavez, Bryan Harris, Anthony Stancl, Jesus Javier Hernandez Carvajal, Cody Lee Jackson, John Michael Fowler, Christopher DeKruif, William T. Koch, and Wesley Brandt. See, e.g., United States v. Christopher Steibing, No. 14-00256 (E.D. Pa.). See, e.g., United States v. Ralph Daniel Smith, No. 15-00342-BKS-1 (N.D.N.Y.). See, e.g., United States v. Cody Lee Jackson, No. 15-118 (S.D. Ohio). Complaint, United States v. Brian Caputo, No. 14-00041 (E.D. Calif) at 5\u20136. Government\u2019s Sentencing Memorandum, United States v. Richard L. Finkbiner, Nos. 12- 0021-WTL-CMM, 13-0002 (S.D. Ind.) at 2. We are indebted to Elishe Julian Wittes for helping develop these assumptions and the resulting estimates. Federal Bureau of Investigation, Sextortion of Children in the United States Fact Sheet for Parents and Children (July 2015), . The cases in this study that were prosecuted under 18 \u00a7 2251 include those of: Theodore J. Castine, Trevor Shea, Gregory Bogomol, Jesse S. Williams, Brian Caputo, Jimmy Caraballo-Colon, Melvin Barber Bridgers III, Russell Freed, Anton Martynenko, Ralph Daniel Smith, Ivory Dickerson, Christopher DeKruif, Bryan Jacobs, Michael Martinez, Michael Macaluso, James Allen, Christopher Steibing, Jordan James Kirby, Corey Gallisdorfer, Cameron Scot Bivins-Breeden, Cody Lee Jackson, Joshua James Geer, Daniel Chase Harris, Austin Williams, Tremain Hutchinson, Christopher, Patrick Gunn, Joshua Blankenship, Marc Joseph Punzalan, Patrick Connolly, Kai Lundstroem 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 59/67 Pedersen, Patrick Killen, Lucas Michael Chansler, Richard Leon Finkbiner, Jeremy Brendan Sears, Matthew C. Walker, Brian Newman, Lucas Robinson, William T. Koch, Dustin Coleman, Joseph J. Ostrowski, Nicholas Glenn Wilcox, Jonathan Wryn Vance, and Wesley Brandt. 18 \u00a7 2251(a). The cases in this study prosecuted under 18 \u00a7 2252 include those of: Jesse S. Williams, Brian Caputo, Jimmy Caraballo-Colon, Melvin Barber Bridgers III, Russell Freed, Anton Martynenko, Christopher DeKruif, Bryan Jacobs, Michael Martinez, Joshua James Geer, Daniel Chase Harris, Austin Williams, Tremain Hutchinson, Mark Robert Reynolds, Kai Lundstroem Pedersen, Patrick Killen, Lucas Michael Chansler, Richard Leon Finkbiner, Matthew C. Walker, Brian Newman, Lucas Robinson, William T. Koch, Dustin Coleman, Wesley Brandt, Jesus Javier Hernandez Carvajal, Sungkook Kim, Destin Whitmore, and John Michael Fowler. The cases in this study prosecuted under 18 \u00a7 2252A are: Ralph Daniel Smith, Ivory Dickerson, Christopher DeKruif, Bryan Jacobs, Michael Martinez, Michael Macaluso, Tremain Hutchinson, Mark Robert Reynolds, Jorge Juan Perez, Christopher Patrick Gunn, Jeremy Brendan Sears, Matthew C. Walker, Brian Newman, Lucas Robinson, William T. Koch, Dustin Coleman, and Garrett Drew Roegner. The cases in this study prosecuted under 18 \u00a7 2422(b) include those of: Michael Macaluso, Joshua James Geer, Daniel Chase Harris, Austin Williams, Tremain Hutchinson, Christopher Steibing, Nicholas Kurtz, Jorge Juan Perez, Jordan James Kirby, Corey Gallisdorfer, Jason Betensky, Cameron Scot Bivins-Breeden, Cody Lee Jackson, Bryan Harris, Wesley Brandt, Destin Whitmore, Nicholas Glenn Wilcox, Jonathan Wryn Vance, and John Michael Fowler. State of Rhode Island v. Joseph Simone, No. P2-2012-0684A (Providence County Superior Court). See also W. Zachary Malinowski, Former Moses Brown Wrestling Coach Sentenced for Child Pornography, Indecent Solicitation of Minor and Extortion, Providence Journal (Dec. 12, 2014), . State v. Cameron Wiley, No. 2014ML023981 (Cir. Ct. Milwaukee County). Complaint, United States v. Jared James Abrahams, No. 8:13-mj-00422 (C.D. Cal. Sep. 17, 2013) at 20. Note: We are identifying Ms. Wolf in this report only because she chose to speak publicly about the incident. As a general matter, we are not identifying sextortion victims even when their identities are readily discernible from court papers. Evan Perez, Shimon Prokupecz and Tom Cohen, More than 90 People Nabbed in Global Hacker Crackdown (May 19, 2014), . See also Complaint, supra note 108, at 20. Id. at 7\u20138. 101. 102. 103. 104. 105. 106. 107. 108. 109. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 60/67 Id. at 19. See also Plea Agreement at 10, United States v. Jared James Abrahams, No. 8:13-cr-00199 ((C.D. Cal. Nov. 11, 2013); Government Sentencing Position at 1, United States v. Jared James Abrahams, No. 8:13-cr-00199 (C.D. Cal. February 17, 2014). Complaint, supra note 108, at 10\u201311. Id. at 10, 20\u201321. Id. at 9\u201310. Id. at 19. Id. at 8\u20139. Id. 10\u201312. Id. 1\u2013-12. Plea Agreement, supra note 111. Judgment, United States v. Jared James Abrahams, No. 8:13-cr-00199 (C.D. Cal. Mar. 21, 2014). Sextortion: Help Us Locate Victims of an Online Predator (July 7, 2015), . Special Agent Discusses Sextortion Case (July 7, 2015), . Indictment at 2, United States v. Lucas Michael Chansler, No. 3:10-cr-00100 (M. D. Fla. Apr. 15, 2010). Id. 2\u20133 Special Agent Discusses Sextortion Case, supra note 122; see also Brad Stone, Accuser Says Web Site for Teenagers has X-Rated Link, New York Times (July 11, 2007), . Indictment, supra note 123, at 2\u20133. Victim of Sextortion Speaks Out (July 7, 2015), . Special Agent Discusses Sextortion Case, supra note 122. Indictment, supra note 123. Plea Agreement at 1, United States v. Lucas Michael Chansler, No. 3:10-cr-00100 (M. D. Fla. Apr. 15, 2010). See also Judgment at 2, United States v. Lucas Michael Chansler, No. 3:10-cr-00100 (M. D. Fla. Nov. 13, 2014). 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. discusses-sextortion-case 122. 123. 124. 125. 126. sextortion-speaks-out 127. 128. 129. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 61/67 Sextortion of Children in the United States Fact Sheet for Parents and Children (July 2015), . In our dataset, Connolly is classified as only having seven identified victims and, at least in the court papers we reviewed, there was not a high-end estimate above that. Dickerson, by contrast, is listed as having four identified victims, but in his case, prosecutors estimated \u201cmore than 100\u201d total victims. Amy L. Edwards, Judge Calls Child Exploiter a \u2018Narcissistic Demon,\u2019 Hands Down 30- year Sentence, Orlando Sentinel (June 18, 2010), . Criminal Complaint at 14, 31, United States v. Patrick Connolly, No. 6:09-mj-01069 (M.D. Fla. Mar. 13, 2009). Plea Agreement at 18, United States v. Ivory Dickerson, No. 6:07-cr-00150 (M.D. Fla. Sept. 13, 2007). Cyber Alerts for Parents & Kids: Tip #2: Beware of \u201cSextortion\u201d (Feb. 10, 2012), . Plea Agreement at 19, supra note 134. Criminal Complaint at 11, United States v. Ivory Dickerson, No. 6:06-cr-00238 (M.D. Fla. Dec. 1, 2006). Id. at 16\u201317. Id. at 28\u201329; see also Plea Agreement, supra note 134, at 17\u201318. Plea Agreement, supra note 134, at 22. Criminal Complaint, supra note 133, at 31. Judgment at 1, United States v. Ivory Dickerson, No. 6:06-cr-00238 (M.D. Fla. Nov. 30, 2007). Plea agreement, supra note 134, at 1. Superseding Indictment, United States v. Patrick Connolly, No. 6:09-cr-00047 (M.D. Fla. May 20, 2009). Plea Agreement, United States v. Patrick Connolly, No. 6:09-cr-00047 (M.D. Fla. Jan. 8, 2010). Amy L. Edwards, supra note 132. Affidavit in Support of a Criminal Complaint and Arrest Warrant at 4, United States v. Michael C. Ford, No. 1:15-cr-00319 (N.D. Ga. May 15, 2015). Id. at 10\u201316 Id. at 13\u201315 130. 131. 20100618_1_sentence-patrick-connolly-victims-lives 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 62/67 Id. at 16. Indictment at 1\u20132, United States v. Michael C. Ford, No. 1:15-cr-00319 (N.D. Ga. Aug. 18, 2015). Affidavit, supra note 146, at 15. Indictment, supra note 150, at 12\u201313. Id. at 4. Id. at 13. Id. at 3, 6, 9, 10. Id. at 15. Id. at 3, 7\u20138. Kate Brumback, \u201cSextortion\u201d Scheme Embassy Worker Faces up to 8 Years in Prison, Associated Press (Mar. 21, 2016), . Indictment, supra note 150, at 4. See also Press Release, Dpt. of Justice, Former U.S. State Department Employee Pleads Guilty to Extensive Computer Hacking, Cyberstalking, and \u201cSextortion\u201d Scheme (Dec. 9, 2015), . Indictment, supra note 150, at 17\u201321. Guilty Plea and Plea Agreement at 1\u20132, United States v. Michael C. Ford, No. 1:15-cr- 00319 (N.D. Ga. Dec. 9, 2015). Judgment, United States v. Michael C. Ford, No. 1:15-cr-00319 (N.D. Ga. Mar. 22, 2016). Superseding Indictment at 1, United States v. Christopher Patrick Gunn, 2:12-cr-00064 (M.D. Ala. Jun. 6, 2012). Indictment, supra note 163, at 3. Allie Conti, How a \u201cSextortionist\u201d Went from Trolling Bieber Fan Pages to Being Sent to Prison for Child Pornography, Vice (Jun. 3, 2015), . See also First Superseding Indictment at 4, United States v. Jeremy Brendan Sears, No. 2:14-cr-00274 (C.D. Cal. Jun. 10, 2015); Criminal Complaint at 3, 14, United States v. Jeremy Brendan Sears, No. 2:14-cr-00274 (C.D. Cal. Apr. 29, 2015). 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. worker-faces-up-to-eight-years-in-prison/ 158. extensive-computer-hacking-cyberstalking 159. 160. 161. 162. 163. 164. sextortionist-went-from-trolling-bieber-fan-pages-to-being-sent-to-prison-for-child- pornography-603 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 63/67 Criminal Complaint, supra note 167, at 5. Conti, supra note 167. Indictment, supra note 167, at 2\u20137. Complaint, supra note 167, at 12. Plea Agreement, United States v. Christopher Patrick Gunn, No. 2:12-cr-00064 (M.D. Ala. Aug. 23, 2012). Judgment, United States v. Christopher Patrick Gunn, No. 2:12-cr-00064 (M.D. Ala. Jan. 29, 2013). In contrast to both the initial judgment and a later amended judgment, Gunn\u2019s plea agreement lists him as having pleaded guilty to two counts of producing child pornography, 15 counts of extortion, and seven counts of stalking\u2014an additional ten counts to those listed in the judgment. The Department of Justice\u2019s press release on Gunn\u2019s sentencing also lists these additional charges. The cause of this discrepancy is unclear. See Plea Agreement, supra note 172; Amended Judgment, United States v. Christopher Patrick Gunn, No. 2:12-cr-00064 (M.D. Ala. Jan. 29, 2013); Press Release, Dep\u2019t. of Justice, Child Predator is Sentenced to 35 Years in Prison for His Massive Online Sextortion Scheme, (Jan. 2013), . Judgment, United States v. Jeremy Brendan Sears, No. 2:14-cr-00274 (C.D. Cal. May 29, 2015). Plea Agreement, United States v. Jeremy Brendan Sears, No. 2:14-cr-00274 (C.D. Cal. Dec. 14, 2014). Indictment, supra note 167. Government\u2019s Sentencing Memorandum at 3\u20134, United States v. Richard Leon Finkbiner, No. 2:12-cr-00021 (S.D. Ind. June 18, 2013). Criminal Complaint at 7, United States v. Richard Leon Finkbiner, No. 2:12-cr-00021 (S.D. Ind. Apr. 6, 2012). Sentencing Memorandum, supra note 178, at 2\u20133. Id. at 3. Id. at 8. Id. at 11. Id. at 9. Id. at 5\u20137. 165. 166. 167. 168. 169. 170. 171. predator-sentenced-35-years-prison-his-massive-online-sextortion-scheme 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 64/67 Id. at 2. Plea Agreement at 1, United States v. Richard Leon Finkbiner, No. 2:12-cr-00021 (S.D. Ind. Jan. 30, 2013). Id. Judgment, United States v. Richard Leon Finkbiner, No. 2:12-cr-00021 (S.D. Ind. July 2, 2013). Kevin Robillard, Ex-Romney Intern Arrested, Politico (Apr. 24, 2014), . Information, United States v. Adam Paul Savader, No. 2:13-cr-20522 (E.D. Mich. July 15, 2013). Government\u2019s Sentencing Memorandum at 4, United States v. Adam Paul Savader, No. 2:13-cr-20522 (E.D. Mich. Apr. 29, 2014). Criminal Complaint at 9, United States v. Adam Paul Savader, No. 2:13-cr-20522 (E.D. Mich. Apr. 17, 2013). Id. at 7; see also Sentencing Memorandum, supra note 192, at 22. Id. at 7. Id. at 4. Id. Id. at 3\u20134. See Send All Calls to Voicemail (last accessed Apr. 23, 2016), . Complaint, supra note 193, at 2. Id. at 5, 12. Id. at 5\u20136. Judgment, United States v. Adam Paul Savader, No. 2:13-cr-20522 (E.D. Mich. Apr. 29, 2014). Plea Agreement, United States v. Adam Paul Savader, No. 2:13-cr-20522 (E.D. Mich. Nov. 14, 2013). Information, supra note 191. Carrie Levine, Can This Man Buy an Election from Jail?, The Daily Beast (June 30, 2015), 183. 184. 185. 186. 187. 090552 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 65/67 . Crim. App. 2656/13, Plony (John Doe) v. The State of Israel, delivered on January 21, 2014. Victim of Sextortion Speaks Out (July 7, 2015), Sextortion: Help Us Locate Victims of an Online Predator (July 7. 2015), . Peter Holly, The Man who Posed as his Daughter\u2019s Online Boyfriend to Get Nude Photos of Her, Washington Post (Mar. 17 2016), . Liz Brody, Meet Ashley Reynolds, the Woman Fighting \u201cSextortion,\u201d Glamour (July 7 2015), . Id. Jesse Paul, Ohio Man Sentenced in Jefferson County for Sexually Exploiting Teen, Denver Post (Jan, 12, 2015), . David Kushner, The Hacker is Watching Magazine (Jan. 11 2012), . Criminal Minutes at 4, United States v. Jared James Abrahams, No. 8:13-cr-00199 (Mar. 17, 2014). Sentencing Minutes (Excerpts) at 44, 46, United States v. Lucas Michael Chansler, No. 3:10-cr-00100 (Mar. 12, 2015). Id. at 49. Id. at 28. Exhibit B, Victim Impact Statement at 1, United States v. Adam Paul Savader, No. 2:13- cr-20522 (Apr. 16, 2014), quoted in Government\u2019s Sentencing Memorandum at 13-14, United States v. Adam Paul Savader, No. 2:13-cr-20522 (Apr. 16, 2014). This should be: Government\u2019s Sentencing Memorandum at 13\u201314, United States v. Adam Paul Savader, No. 2:13-cr-20522 (Apr. 16, 2014) (citing Exhibit B, Victim Impact Statement at 1, United States v. Adam Paul Savader, No. 2:13-cr-20522 (Apr. 16, 2014)). Exhibit A, Victim Impact Statement at 1, United States v. Adam Paul Savader, No. 2:13- cr-20522 (Apr. 16, 2014), quoted in Government\u2019s Sentencing Memorandum at 13-14, United States v. Adam Paul Savader, No. 2:13-cr-20522 (Apr. 16, 2014). Should be be: Government\u2019s Sentencing Memorandum at 13\u201314, United States v. Adam Paul Savader, election-from-jail.html 204. 205. sextortion-speaks-out 206. 207. posed-as-his-daughters-online-boyfriend-to-get-nude-photos-of-her/ 208. fighting-sextortion 209. 210. sentenced-jefferson-county-sexually-exploiting-teen 211. 212. 213. 214. 215. 216. 217. 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 66/67 The Brookings Institution is committed to quality, independence, and impact. We are supported by a diverse array of funders (/about-us/annual-report/) . In line with our values and policies (/about-us/research-independence-and-integrity-policies/) , each Brookings publication represents the sole views of its author(s). No. 2:13-cr-20522 (Apr. 16, 2014) (citing Exhibit A, Victim Impact Statement at 1, United States v. Adam Paul Savader, No. 2:13-cr-20522 (Apr. 16, 2014)). Transcript of Sentencing at 29, United States v. Ivory Dickerson, No. 6:06-cr-00238 (Aug. 20, 2008). Id. at 31. Id. at 32\u201333. Government\u2019s Sentencing Memorandum at 4\u20136, United States v. Richard L. Finkbiner, No. 2:12-cr-00021 (June 18, 2013). Dep\u2019t. of Justice, Fact Sheet: Project Safe Childhood (Feb. 21, 2012), 218. 219. 220. 221. 222. Copyright 2025 The Brookings Institution 2/27/25, 7:48 Sextortion: Teenagers, Cybersecurity, and Remote Learning 67/67"} |
7,762 | Sean Casey | University of Maine – Machias | [
"7762_101.pdf"
] | {"7762_101.pdf": "By Clayton Beal and Larry Mahoney staff \u2022 April 10, 1995 12:00 am \u2014 Sean Casey, director of athletics and varsity basketball coach at the University of Maine at Machias, resigned Friday, more than a year after the Office for Civil Rights began an investigation into allegations that he created a sexually hostile environment for female students and employees at UMM. Casey\u2019s resignation was effective Friday President Paul Nordstrom announced in a press release. The press release also stated that a confidential settlement agreement had been reached with Casey Athletic director resigns coach center of harassment probe 2/27/25, 7:48 Athletic director resigns coach center of harassment probe \u2014 Archive \u2014 BD\u2026 1/6 Reached by telephone Sunday, Casey said he did not want to comment on the sexual harassment case until he conferred with his attorney, Steve Hodsdon, on Monday. However, he did say, \u201cI\u2019ve had a wonderful 18-year relationship with the university, and leave behind a lot of hard work and great memo- ries. \u201cI\u2019ll always remember the people who played for me and who worked with the program, and for those things will always be indebted to them,\u201d he said. \u201cAs far as what the future holds was in Seattle (for the Final Four) last week, and two people talked to me about jobs. At this point, I\u2019m not interested in coaching or being in education have no plans, no job offers. I\u2019m looking forward to going in a different direction with my life.\u201d 2/27/25, 7:48 Athletic director resigns coach center of harassment probe \u2014 Archive \u2014 BD\u2026 2/6 Casey added, \u201cIf offended people in my 18 years at Machias sincerely apologize to them. I\u2019ll leave with a very clear conscience knowing gave my best for UMM.\u201d An interim athletic director and interim varsity coach of basketball will be selected in the near future by Shirley Erickson, dean of student affairs. Some students and employees at complained back in the winter of 1989 that Casey was sexually harassing them. Those allegations were included in the OCR\u2019s Letter of Findings, a copy of which was received by on Nov. 30, 1994. Nordstrom responded last November to the letter by ordering a review of Casey\u2019s alleged misconduct and the OCR\u2019s findings. However investigators had already concluded that the university had violated federal law, Title IX, because officials \u201cknew or should have known of possible harassment and failed to take appropriate action.\u201d Casey told investigators that no one had ever informed him of complaints of sexual harassment against him nor warned him not to continue to engage in harassment or sexual remarks. \u201cHe denied ever making an inappropriate remark to any student or employee,\u201d the report stated. 2/27/25, 7:48 Athletic director resigns coach center of harassment probe \u2014 Archive \u2014 BD\u2026 3/6 According to the 15-page report, a female student and employee of told investigators that Casey had harassed her while she was studying in the athletic department. The alleged harassment extended from 1989 through January 1991, when she left UMM. It began again in the fall of 1992 when she returned to and continued until she left in late October 1992. She charged that Casey used offensive sexual terms when speaking to and about women, including herself. He frequently used words such as \u201cwhore\u201d or \u201cslut,\u201d the report stated. \u201cThe athletic director made frequent comments about her breasts, behind, hair, speech, and walk,\u201d it stated. After a review of OCR\u2019s findings and Casey\u2019s alleged misconduct, the president concluded and Casey agreed that \u201cit was in the best interest of the university for the to leave his duties at UMM,\u201d according to the press release. The settlement agreement between Casey and the univeristy is confidential and will not be released by the university. Nordstrom was not available for comment Sunday assistant basketball Coach Wulf Koch said, \u201cHe (Casey) has done a great job at UMM. But you could tell that the whole situation was bothering him this year.\u201d Koch, formerly the athletic director at the University of Maine at Fort Kent, said Casey \u201chas always been good to me professionally and privately. As for the allegations, they happened in the past before came here can\u2019t say anything in regard to that.\u201d Koch, Husson College basketball Coach Bruce MacGregor and University of Maine at Presque Isle basketball Coach Karl Henrikson said they had a lot of respect for Casey and the job he did. 2/27/25, 7:48 Athletic director resigns coach center of harassment probe \u2014 Archive \u2014 BD\u2026 4/6 \u201cHe was a phenomenal basketball coach,\u201d said Henrikson. \u201cIn my 17 years as a basketball coach, I\u2019ve never coached against a better coach than Sean. Every time we took the floor, it was a challenge, believe me. He certainly got the most out of the people he worked with. As a coach don\u2019t think there is anybody respect more than Sean Casey.\u201d MacGregor said he and Casey had a good relationship based on mutual respect and had worked closely together on various committees designed to improve the NAIA. \u201cHe\u2019s always been a valuable comrade in our work towards the betterment of the NAIA. His decisions and thoughts were always held in high esteem,\u201d said MacGregor. Casey guided his Clippers to 11 consecutive Northeast College Conference championships. His 1990-91 team became the first team ever to qualify for the 32-team National Tournament in Kansas City. His 18 teams compiled a 294-155 record. The 45-year-old Casey is a graduate of Orono High School, where he quarterbacked the 1966 Riots to a state football championship. He was also a guard on their 1967 state Class championship basketball team. He went on to help Acadia University of Wolfville, Nova Scotia, win a Canadian universities championship in basketball, and graduated from that institution with a degree in sociology in 1973. He received a master\u2019s degree in education from the University of North Florida in 1976. His coaching career took him to Jacksonville University and to John Carroll Institute in Florida before he returned to his home state in 1977. 2/27/25, 7:48 Athletic director resigns coach center of harassment probe \u2014 Archive \u2014 BD\u2026 5/6 Have feedback? Want to know more? Send us ideas for follow-up stories. \u00a9 Copyright 2025 One Merchants Plaza, P.O. Box 1329, Bangor, ME, 04402-1329 \u2014 207-990-8000 Terms of Service \u2014 Privacy Policy 2/27/25, 7:48 Athletic director resigns coach center of harassment probe \u2014 Archive \u2014 BD\u2026 6/6"} |
7,524 | LeRodrick Terry | Rio Salado College | [
"7524_101.pdf",
"7524_102.pdf",
"7524_103.pdf",
"7524_104.pdf"
] | {"7524_101.pdf": "Rio Salado College Vice President Resigns After Investigation Into Sexual Misconduct | By Casey Kuhn Published May 4, 2018 at 7:50 Riosalado.Edu Donate World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 1/10 LeRodrick Terry was hired to be the vice president of student affairs at Rio Salado College with the Maricopa County Community College District on July 1, 2015. An executive at Rio Salado College is resigning after an investigation substantiated claims of inappropriate workplace behavior. The investigation began in January when complaints from 2017 came to the Maricopa County Community College District about LeRodrick Terry, who was then vice president of student affairs. An outside report substantiated at least six women\u2019s claims of misconduct in the workplace while working in his department. That includes staring and leering at women\u2019s bodies, making sexual comments to female co-workers and touching them inappropriately. District spokesman Matt Hasson said the investigation into Terry has been resolved after a thorough review. \u201cWhen allegations were brought to the attention of the chancellor, she immediately ordered an investigation into all allegations,\u201d Hasson said. Hasson said there are multiple investigations into Rio Salado. \u201cThe third investigation is to better understand whether the college leadership responded appropriately to allegations of sexual harassment when they became known,\u201d Hasson said. Terry, who has denied the allegations, was put on paid leave in February and then brought back and moved to work on special projects within the district in April until his employment ends June 30. Terry began working at Rio Salado College in July 2015, and when he was put on paid leave made a yearly salary of $137,638. As vice president of student affairs, according to Terry\u2019s biography online, he was in charge of student development, financial aid and testing. That also includes Title supervision. Title is a federal lawprohibiting discrimination or mistreatment based on sex and gender. Community College Employee Says Investigation Was 'Emotional Hell World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 2/10 The investigator found that after the Rio Salado President Chris Bustamante spoke to Terry about his inappropriate behavior in March 2017, it didn\u2019t change. The investigation also found that many of the women in the report did not initially go to human resources because they were afraid of retaliation from within the department. One woman spoke to whose claims in the report were substantiated and asked to remain anonymous for fear of retribution said she felt the way the claims were handled perpetuated a hostile workplace culture. An excerpt from the report. \u201cIt\u2019s been hard to work every day knowing what\u2019s been going on [in the months of the investigation],\u201d she said over the phone. Another woman spoke to whose claims in the report were also substantiated and asked to remain anonymous said the months-long investigation was \u201cemotional hell.\u201d She felt like college leadership wasn\u2019t doing enough to help the alleged victims. In a written note to KJZZ, she questions why it took her so long to report her complaints to an official body at the college was scared,\u201d she wrote in a text. \u201cDoes that make me a coward or is not saying something part of a social construct? It was a full female existential crisis for me.\u201d One account found two people confirmed an allegation that Terry touched a co-worker\u2019s breast as he walked by in 2017 at a work event. Another found inconsistencies with Terry\u2019s version of an allegation that he groped a co- worker while they were taking a photo together. Other allegations include not just co-workers but at least one student worker who did not officially report an allegation of unwanted attention and comments about her looks, specifically calling her \u201cpretty\u201d and telling her she \u201chad a nice body World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 3/10 The investigation shows Terry did not take mandatory sexual harassment training courses while employed at Rio Salado. An excerpt of the report's findings. While on leave, Terry was on a list of potential candidates for a community college president position in Florida. He did not make the next round, according to the Orlando Sentinel newspaper. Terry will leave the community college district June 30 is licensed to the Maricopa Community College District. News Casey Kuhn Casey Kuhn was a senior field correspondent at from 2015 to 2019. See stories by Casey Kuhn World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 4/10 World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 5/10 World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 6/10 Stay Connected World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 7/10 is a service of Rio Salado College, and Maricopa Community Colleges Copyright \u00a9 2025 KJZZ/Rio Salado College Listen Live Audio Stream Listening Options About Ethics and Practices Privacy Policy Public Files Contest Details Connect Contact staff Jobs Friends of Public Radio Arizona Subscribe to Newsletters Support Donate Membership Corporate Sponsorship Events Shop World Business Report 91.5 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 8/10 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 9/10 2/27/25, 7:49 Rio Salado Resigns After Investigation Into Sexual Misconduct 10/10", "7524_102.pdf": "2/27/25, 7:49 Rio Salado College LeRodrick Terry denies harassment allegations 1/6 Rio Salado College vice president denies allegations of sexual harassment Published 4:08 p.m May 8, 2018 Updated 5:40 p.m May 8, 2018 senior manager at Rio Salado College has denied allegations that he sexually harassed, inappropriately touched or stared at several women. \"I'm a husband and a father would never objectify women in that way,\" LeRodrick Terry, Rio Salado's vice president of student affairs, said in an interview with The Arizona Republic. Terry maintains that an investigative report by the Maricopa County Community College District \u2014 that concluded that he touched female employees' breasts and buttocks, stared at them and made sexually suggestive comments \u2014 reached false conclusions and was incomplete. He said the impetus for the investigation was a \"disgruntled\" employee who recruited other women to participate. Amid the allegations, Terry, 43, submitted his resignation, effective June 30. RELATED: Rio Salado College to resign amid allegations of harassment But he said he regrets that decision now that the information has been made public resigned trying to save my reputation, not because was guilty,\" said Terry, who has worked at Rio Salado since 2015. The Arizona Republic obtained the investigative report on May 4 under the Arizona Public Records Law. Terry initially declined comment when contacted by The Republic. But on Monday, he spoke at length after he said he had consulted with his attorney. Terry, who is black, said he believes race is a motivating factor in the complaints. In his senior leadership role at Rio Salado College, he said he is serving in a job that is atypical for minorities. Anne Ryman The Republic | azcentral.com 2/27/25, 7:49 Rio Salado College LeRodrick Terry denies harassment allegations 2/6 think there are some microaggressions and some non-intentional biases that are contributing to these perceptions that I'm staring at women,\" he said. Women allege touching, harassment The investigation, performed at the request of the district by Prescott attorney Jean Wilcox substantiated many of the complaints made by several women. The allegations were made by employees of the Maricopa district, and one was a student worker. One woman alleged Terry squeezed the side of her breast while taking a group photo in December 2015. Another said he slapped the side of her breast to get her attention during an employee training session in May 2017. The woman said the slap was so hard that it stung. On another occasion in July 2016, a woman alleged Terry pulled her close to him during a photo shoot and slid his hand over her buttocks. The report documents numerous cases of women complaining of Terry staring at them and sometimes making inappropriate remarks. One employee described him giving her \"odd glances up and down her body, as if undressing her with his eyes.\" One woman said he invited her into his office in January 2017 and said, \"You know want to jump your bones, right?\" The woman told the investigator that she froze and became angry. Holding in her feelings, she told him, \"Well these bones are taken.\" Terry allegedly responded by saying, \"That's too bad.\" Reports of Terry's inappropriate behavior date back to 2015, according to the investigation. But some women who were later interviewed as part of the investigation said they feared retaliation from Terry and didn't report the incidents until later. District officials said Maricopa Community Colleges Chancellor Maria Harper-Marinick was made aware of the allegations in November and \"immediately ordered a complete and thorough investigation.\" Wilcox's report said Terry \"does not appear to understand what sexual harassment is.\" She writes in the report that she found \"no credible evidence\" that his race or gender were motivating factors for complaints or participating in the investigation. 2/27/25, 7:49 Rio Salado College LeRodrick Terry denies harassment allegations 3/6 fair and unbiased review' Terry denied all of the allegations. He shared with The Republic 10 letters of support written on his behalf from current and former colleagues at Rio Salado and in the community. They describe him as professional, respectful and a positive influence on others. Terry said he challenged the report's findings in early January, providing the investigator with the names of two dozen witnesses. Of those, four people told him they were contacted by email or phone. He said a \"disgruntled\" employee made the complaint that launched the investigation and \"recruited\" others to join in. When Terry was hired two years ago at Rio Salado after a national search, he said he started making changes \u2014 some popular with employees, others not. He led a division for the online college that includes academic advisement, admissions, records and financial aid. He outsourced the call center, which handles registration, resulting in the loss of part-time staff. He left positions unfilled when staffers left or retired, saving the college money. Those actions \"created a very adversarial relationship between myself and the disgruntled employee,\" he said. The district redacted the names of the women who made the complaints in the investigative report. Terry declined to name the woman he described as the disgruntled employee under the advice of his attorney. The total number of accusers is unclear from the report; Terry said he's been advised by his attorney against revealing the number. Two women who were interviewed as part of the investigation told The Republic that they were was \"not recruited\" by anyone to talk to the investigator. \"There was no forcing anyone to talk. We were all invited to speak with Jean and had the opportunity not to. No one knew what was going on until (Terry) was put on leave,\" in early February, one employee said. Another employee told The Republic she only found out later, after the investigation concluded, that there were other allegations against Terry. She said she wishes she had 2/27/25, 7:49 Rio Salado College LeRodrick Terry denies harassment allegations 4/6 known of the other women sooner \"because wouldn't have felt so alone felt so alone.\" Both women spoke about the investigation under the condition that their names not be used. Names of all the accusers were redacted from the report released by the college district. Regarding the merits of the investigation, the college district's spokesman, Matt Hasson, said, the district is committed to following its policies and procedures which ensure a fair, timely process for complainants and respondents. \"The District followed its processes to their conclusion and ensured a fair and unbiased review of the investigators findings before reaching a decision on the matter,\" he said happily married man' Terry is working on special projects for the provost until his resignation is effective, June 30. His background focuses on innovative student recruitment and retention strategies and increasing graduation rates. His biography on the district's website says he has doctorate and master's degrees in higher education administration from Auburn University, a master's degree in leadership from Shorter University in Georgia and a bachelor's degree in history from Kent State University. He was dean of student services at Hillsborough Community College in Tampa, Florida, before coming to Rio Salado. Heidi Hess said she worked with Terry for nine years when they were members of the Rotary Club of Ybor City in Tampa. Terry helped establish scholarships and mentored college students and young people, she said. He is an articulate speaker with a strong work ethic, she said, and a passion for helping people enroll and complete college. The allegations made by Rio Salado employees are \"so completely out of character of anything ever saw,\" she said. \"He is a real gentleman.\" Terry said he wants people reading the allegations to \"listen to both sides of the story\" and not make assumptions based only on the investigative report. He said he has worked in education for two decades and has never been disciplined before over sexual harassment complaints. 2/27/25, 7:49 Rio Salado College LeRodrick Terry denies harassment allegations 5/6 \"I'm a happily married man with children. And all of a sudden you're telling me of sexual misconduct of this magnitude in the workplace? It has to raise some eyebrows,\" he said. 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The views expressed above are not necessarily those of Rose Law Group pc or its associates and are in no way legal advice. This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation. 2/27/25, 7:49 LeRodrick Terry Archives - Rose Law Group Reporter 9/9", "7524_104.pdf": "From Casetext: Smarter Legal Research Terry v. Maricopa Cnty. Cmty. Coll. Dist. United States District Court, District of Arizona Aug 9, 2021 No. CV-19-05754 (D. Ariz. Aug. 9, 2021) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free CV-19-05754 08-09-2021 LeRodrick Terry, et al., Plaintiffs, v. Maricopa County Community College District, et al., Defendants. Honorable Diane J. Humetewa, United States District Judge Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 1/10 Honorable Diane J. Humetewa, United States District Judge Pending before the Court is Defendants Maricopa County Community College District, Leslie Cooper, John Doe Cooper, Matthew Hasson, and Casey Kuhn's (collectively, the \u201cDefendants\u201d) Motion for Partial Summary Judgment (Doc. 48). LeRodrick Terry and Aisha Terry (\u201cDr. Terry\u201d or \u201cPlaintiffs\u201d) filed a Response (Doc. 52), and Defendants filed a Reply (Doc. 54). I. Background Dr. Terry, in his capacity as Vice President of Student Affairs for Rio Salado College, was accused of sexual harassment. (Doc. 13 at \u00b6 26). Defendants hired Ms. Wilcox, an outside investigator, to investigate these accusations. (Docs. 17 at \u00b6 57; 49 at \u00b6 3). Ms. Wilcox produced a report of her findings (\u201cInvestigation Report\u201d) in January 2018, which Defendants assert \u201csubstantiated 15 separate instances of inappropriate conduct towards women by Plaintiff in the performance of his duties.\u201d (Docs. 48 at 3; 49 at \u00b6 5; 49-2 at 3). Dr. Terry appealed the findings in the Investigation Report. (Doc. 49-2 at 61-65). Defendants sent the Investigation Report's findings to outside counsel for review. (Id.) *1 1 Beginning in March 2018, Defendants started to receive public records requests from the media, many of which \u201cspecifically referenced Dr. Terry by name, the confidential investigation of Dr. Terry, and the confidential report prepared by Ms. Wilcox.\u201d (Docs. 17 at \u00b6 32; 49 at \u00b6\u00b6 15-21; 49-2 at 42-53). Defendants sent various communications in response to media inquiries indicating the confidentiality of the investigation while in progress. (Doc. 49-2 at 42-53). Meanwhile, on April 13, 2018, Dr. Terry and Defendants entered into a separation agreement and release. (Doc. 49-2 at 61-65). Among other things, this agreement released Dr. Terry's prior claims against Rio Salado College including his claim, provided that Dr. Terry would \u201cwithdraw his appeal of the findings in the Investigation Report, \u201d and stipulated that Dr. Terry's resignation would be effective June 30, 2018. (Id.) 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 2/10 Once finalized, Defendants released the Investigation Report to the media starting May 4, 2018. (Docs. 13 at \u00b6 124; 49 at \u00b6 22). Many media outlets subsequently published articles quoting from the Investigation Report. (Docs. 13 at \u00b6\u00b6 97-105; 49 at \u00b6\u00b6 23-27). Plaintiffs allege that since the report's release, Dr. Terry has been unable to secure employment in \u201cthe educational field comparable to his former Vice President position with\u201d Defendants after applying to over 200 jobs and not being selected. (Doc. 17 at \u00b6\u00b6 167-69). Plaintiffs assert Dr. Terry cannot find employment because Defendants released the Investigation Report to the media. (Id. at \u00b6 169-70). Plaintiffs now bring suit against Defendants for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) rescission of contract; (4) violation of 42 U.S.C. \u00a7 1981; (5) violation of 42 U.S.C. \u00a7 1983; (6) defamation; (7) retaliation in violation of Title VII; and (8) loss of consortium. (Id. at \u00b6\u00b6 175-280). Defendants now move for partial summary judgment, arguing that they were required to release the Investigation Report under Arizona's Public Records Law (the \u201cPRL\u201d). (Doc. 48). II. Legal Standard As with a Rule 56(c) motion, partial summary judgment is generally appropriate *2 when the evidence, viewed \u201cin the light most favorable to the non-moving party, \u201d shows \u201cthat there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Eisenberg v. Ins. Co. of N. Am., 815 F.2d 1285, 1289 (9th Cir. 1987); Fed.R.Civ.P. 56(a fact is material if it affects the outcome of the case under prevailing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). There is a genuine dispute \u201cif the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\u201d Id. Summary judgment must be entered \u201cagainst a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\u201d Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). 2 III. Discussion 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 3/10 The parties dispute whether the required Defendants to disclose the Investigation Report. The public's right to public records is established in the PRL, which states that \u201c[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times . . . .\u201d A.R.S. \u00a7 39-121. To determine whether a document must be disclosed under the PRL, Courts apply a two-step process: (1) the court first evaluates the material to determine if it is indeed a \u201cpublic record, \u201d and if so, then (2) whether \u201cprivacy, confidentiality, or the best interests of the state outweigh[ed]\u201d the \u201cstrong presumption in favor of disclosure.\u201d Griffis v. Pinal Cty., 156 P.3d 418, 422 (Ariz. 2007). The strong presumption in favor of disclosure aims to promote public access to records and to allow public monitoring of public officials' performance. Carlson v. Pima Cty., 687 P.2d 1242, 1245-46 (Ariz. 1984); see also Ariz. Att'y Gen. Op. I91-004. 1. Whether the Investigation Report is a Public Record To determine whether a document is a public record, courts conduct a \u201ccontent-driven inquiry.\u201d Griffis, 156 P.3d at 421. Only \u201cdocuments having a substantial nexus with a government agency's activities qualify as public records.\u201d Id. Generally, documents that are \u201creasonably necessary or appropriate to maintain an accurate knowledge of . . . official activities and of any . . . activities that are supported by monies from this state or any *3 political subdivision of this state, \u201d A.R.S. \u00a7 39-121.01(B), or that are \u201cmade or received . . . as evidence of functions, policies, decisions, procedures, operations or other activities, \u201d A.R.S. \u00a7 41-151.18, qualify as public records under the PRL. 3 Plaintiffs make several arguments as to why the Investigation Report cannot be considered a public record. First, Plaintiffs argue that Ms. Wilcox, the contractor who conducted the investigation, was a \u201cprivate citizen, \u201d not a public officer whose work could be considered \u201cpublic record.\u201d (Doc. 52 at 5- 7). But this position lacks legal support. Public records may include \u201cdocumentary materials . . . made or received by any governmental agency . . . in connection with the transaction of public business . . . .\u201d A.R.S. \u00a7 39- 121.01(B) (emphasis added). Therefore, it is immaterial that Defendants hired Ms. Wilcox as an independent contractor because any documents she produced, and which Defendants received, during her investigation into 1 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 4/10 sexual harassment allegations on behalf of Defendants would therefore be records \u201creasonably necessary\u201d to carry out that function. A.R.S. \u00a7 39- 121.01(B). 1 Additionally, in other matters when courts have sought to determine employee status for disclosure or privilege purposes, they have found that the consultant or independent contractor's function trumps title. Ariz. Indep. Redistricting Comm'n v. Fields, 75 P.3d 1088, 1098 (Ariz.Ct.App. 2003); see also Gravel v. United States, 408 U.S. 606, 621-23 (1972) (the court's inquiry centered on the employee's function for privilege purposes rather than the employee's job title). Next, Plaintiffs argue the Investigation Report is not a public record because Defendants provided it to the public before it was complete. (Doc. 52 at 8). Plaintiffs had earlier alleged that Defendants established policy was that \u201c[p]ersonnel records that are works in progress or part of the deliberative process are not subject to release.\u201d (Doc. 17 at 9). Here, they offer support for this argument by quoting an email sent by Defendants' employees in response to media inquiries on March 14, 2018 that states: \u201c[t]his is an ongoing matter that is not concluded . . . [t]here is no completed decision or investigation.\u201d (Doc. 49-2 at 79). Defendants argue that the emailed statement was made on March 14, 2018, at a time when the investigation was ongoing; however, once Plaintiff entered into the separation agreement on April 13, 2018, this terminated the investigation review process rendering *4 the investigation complete. (Docs. 49-2 at 42, 65; 54 at 6). The separation agreement states that \u201cthe investigation was completed, \u201d but Dr. Terry's appeal of the investigator's findings resulted in an assignment of the appeal \u201cto an outside attorney for review.\u201d (Doc. 49-2 at 61 provision in the separation agreement stipulated that Dr. Terry \u201cwithdraws his appeal\u201d and \u201cthis withdrawal makes further review . . . unnecessary\u201d thus the outside attorney would conclude his review of the appeal and not issue a decision. (Doc. 49-2 at 62). The Court therefore finds that undisputed evidence shows the Investigation Report was no longer a work-in-progress when it was released on May 4, 2018 because the investigation had concluded, and no appeals remained pending after the separation agreement was executed on April 13, 2018. (Docs. 13 at \u00b6 124; 49 at \u00b6 22; 49-2 at 42, 65). 4 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 5/10 Additionally, even if the Investigation Report were incomplete, and Defendants violated their own policy by releasing an in-progress document, the does not require that a document must be complete to be subject to disclosure. Plaintiffs cite a case that has since been vacated by the Arizona Supreme Court seeking to support their claim that there is an exception under the for work-in-progress documents. (Doc. 52 at 8) (citing Griffis v. Pinal Cty., 141 P.3d 780 (Ariz.Ct.App. 2006)). However, \u201c[o]nce an opinion of the Court of Appeals has been vacated by [the Arizona Supreme Court], it is of no force and effect and is not authority.\u201d Stroud v. Dorr-Oliver, Inc., 542 P.2d 1102, 1110 (Ariz. 1975). Other than this vacated opinion which has no force, and caselaw cited from outside Arizona, the Court cannot find, nor has it been presented with, legal authority definitively stating that work-in- progress documents are not subject to disclosure under the PRL. The does not specify that the record must be complete. Records as defined in A.R.S. \u00a7 41-151 are included in the definition of \u201cpublic records\u201d which provide that records \u201cmeans all books, papers . . . or other documentary materials, regardless of physical form or characteristics.\u201d A.R.S. \u00a7 41-151; \u00a7 121.01(B). The Court therefore finds that the Investigation Report was a public record regardless of its completion status. Finally, Plaintiffs argue that the Investigation Report was not a disciplinary record and thus Defendants should not have disclosed it. (Doc. 52 at 9-10). But this argument also *5 lacks legal support. While the provides that disciplinary records shall be maintained and open for inspection, it also stipulates that \u201cthis section does not . . . limit the duty . . .to make public records open to inspection.\u201d A.R.S. \u00a7 39-128. Just because a record is not a disciplinary record does not mean it cannot be released. In other words, a releasable public record, in this case the Investigation Report, need not be a disciplinary record. See A.R.S. \u00a7 41-151; \u00a7 121.01(B). 5 Having exhausted all of Plaintiffs' arguments to the contrary, the Court finds that the Investigation Report is a public record. 2. Whether Other Considerations Outweigh the Presumption Favoring Disclosure 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 6/10 Plaintiffs argue that even if the Investigation Report is a public record, Defendants should not have released it because Dr. Terry's confidentiality and privacy interests outweighed the public's interest in its release. (Doc. 52 at 10). While Arizona courts have recognized a privacy exception to the PRL, only information encompassing \u201cthe individual's control of information concerning his or her person\u201d has consistently been found to outweigh the public's interest. Scottsdale Unified Sch. Dist. No. 48 v Broad. Co., 955 P.2d 534, 539 (Ariz. 1998) (citing United States v. Reporters Comm. for Freedom of Press, 489 U.S. 749, 763-64 (1989) to aid in defining the meaning of a privacy interest under the Public Records Law). This is generally limited to information not freely available to the public such as an individual's social security number, or birth date. Id. (finding that birth dates and social security numbers are private information not subject to disclosure upon a Public Records Law request); see also Ariz. Att'y Gen. Op. I91-004 (finding that home addresses and private telephone numbers are not subject to disclosure). Thus, for all other information not concerning \u201chis or her person\u201d there remains a \u201cstrong presumption in favor of disclosure.\u201d Scottsdale Unified Sch. Dist., 955 P.2d at 539 (citing United States DOJ, 489 U.S. at 763-64 (1989)); Griffis, 156 P.3d at 422. Defendants contend that because the Investigation Report \u201cis not information related to Plaintiff's \u2018person'\u201d but rather \u201cconcerns Plaintiff's substantiated conduct in his duties as a public official\u201d there is no privacy interest. (Doc. 54 at 10) (emphasis in the *6 original). The Court agrees that Dr. Terry had no privacy interest because the sexual assault investigation concerned his alleged actions in his capacity as Vice President of Student Affairs rather than information pertaining to \u201chis person.\u201d Plaintiffs' other privacy arguments citing federal law rather than Arizona law are unavailing because Arizona law clearly establishes a limited privacy exception. (Doc. 52 at 13) (citing Hunt v. F.B.I., 972 F.2d 286, 288 (9th Cir. 1992)); see v. Superior Court, 905 P.2d 598, 601 (Ariz.Ct.App. 1995) (only when \u201cthere is no Arizona authority on point, \u201d may \u201canalogous authority\u201d be relied upon to interpret the PRL). Plaintiffs further argue that Dr. Terry retained a confidentiality interest in the Investigation Report because Defendants referred to the in-progress report as confidential. (Docs. 52 at 8; 49-2 at 42). The Court does not find this argument persuasive because the 6 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 7/10 Plaintiffs rely on a quotation from an email Defendants sent on March 14, 2018 while the investigation was ongoing rather than concluded. (Doc. 49-2 at 42). At that time, the outside counsel was reviewing Dr. Terry's appeal, and therefore the report was \u201cmaintained in a confidential manner\u201d per Defendants' policy. (Doc. 17 at \u00b6 36). Additionally, while Dr. Terry suggests that Defendants \u201c[a]t the very least . . . could have redacted [his] name, \u201d before the Investigation Report was released to protect his confidentiality interest, the Court agrees with Defendants' assertion that redacting Dr. Terry's name would have made no difference. (Doc. 52 at 14; Doc. 54 at 11). According to Plaintiffs' own complaint, multiple \u201cpublic records requests from the media . . . specifically referenced Dr. Terry by name, the confidential investigation of Dr. Terry, and the confidential report prepared by Ms. Wilcox.\u201d (Doc. 13 at \u00b6 74). Thus, it would have made no difference whether the report was released with or without Dr. Terry's name. Although Plaintiffs cite an Attorney General Opinion stating that \u201c[I]t is our opinion that investigative reports need not be released to the public upon request, \u201d that Opinion was written in the context of determining conflicts between the Arizona Public Record Statute and the Arizona Plan for the Security and Privacy of Criminal History Record Information. Ariz. Att'y Gen. Op. I80-045. Thus, the Court finds that the investigations referred to by *7 the attorney general are criminal investigation matters and this statement does not necessarily pertain to the investigation and Investigation Report produced by Defendants. Plaintiffs finally assert that Dr. Terry's privacy and confidentiality interests outweighed that of the public because the report was \u201cflawed and biased.\u201d (Doc. 52 at 14). Whether the report is flawed and biased is not an issue properly before the Court. The matter here concerns whether the Investigation Report is a public record, and whether the public's interest in disclosure outweighed Plaintiffs' privacy and confidentiality interests. The Court notes that the Investigation Report found 15 separate instances of inappropriate conduct toward women, and it therefore demonstrates how Defendants respond to allegations of sexual harassment. (Doc. 49-2 at 7-32). Generally, the public's interest in disclosure regarding sexual assault allegations is greater than an individual's privacy interest. Hickman v. Ryan, 2009 4730854, at *52 (D. Ariz. Aug. 28, 2009) (finding the public's 7 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 8/10 interest to be greater than the individual's privacy interest because \u201cthe public ha[s] an interest in maintaining a sexual harassment-free . . . workplace\u201d). Ultimately, the Court finds Plaintiffs have not overcome the \u201cstrong presumption in favor of disclosure.\u201d Griffis, 156 P.3d at 422. IV. Conclusion There is no genuine dispute of material fact that the required Defendants to disclose the Investigation Report. Plaintiffs failed to establish that the report was not subject to the PRL, or that \u201cprivacy, confidentiality, or the best interests of the state outweigh[ed]\u201d the \u201cstrong presumption in favor of disclosure.\u201d Id. Therefore, the Court must grant partial summary judgment in Defendants' favor. Accordingly that Defendants' Partial Motion for Summary Judgment is granted. *8 8 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 9/10 Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:49 Terry v. Maricopa Cnty. Cmty. Coll. Dist., No. CV-19-05754 | Casetext Search + Citator 10/10"} |
7,305 | Todd Heatherton | Dartmouth College | [
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] | {"7305_101.pdf": "Support independent student journalism February 27, 2025 | Latest Issue News Heatherton retires following sexual misconduct allegations Photo by Erin Lee / The Dartmouth Psychological and brain sciences professor Todd Heatherton has retired following a recommendation that his employment be terminated in response to sexual misconduct allegations against him. By The Dartmouth Senior Staff Published June 13, 2018 | Updated June 15, 2018 Updated: June 15, 2018 at 1:35 a.m. \uf0c9 \uf002 2/27/25, 7:50 Heatherton retires following sexual misconduct allegations - The Dartmouth 1/6 Psychological and brain sciences professor Todd Heatherton has elected to retire immediately following a recommendation from Dean of the Faculty of Arts and Sciences Elizabeth Smith, upheld by the faculty- elected Review Committee, that his tenure be revoked and his employment terminated. Smith's recommendation follows a review of Heatherton by an external investigator for sexual misconduct. Professors Bill Kelley and Paul Whalen of the department, who are also under investigation for sexual misconduct, remain under review. In a press release provided by his lawyer Julie Moore, Heatherton stated that he retired because he thought it was best for his family, the College and the graduate students involved in the investigation. Multiple students in the department have previously spoken to The Dartmouth alleging sexual misconduct on the part of Heatherton, Kelley and Whalen acknowledge that acted unprofessionally in public at conferences while intoxicated,\" Heatherton wrote offer a humble and sincere apology to anyone affected by my actions.\u201d Heatherton, Kelley and Whalen have been under review since last fall. Per an email sent to all of campus by College President Phil Hanlon, Smith has also made recommendations for Kelley and Whalen that have been upheld by the Review Committee. Kelley and Whalen will remain on paid leave until Dean Smith\u2019s recommendations are reviewed by the Dartmouth-wide Council on Academic Freedom and Responsibility, an 18-member council elected by the faculty. Heatherton, who was eligible to retire based on his age and length of service, chose to do so prior to review. After the reviews are completed, Hanlon will deliver the report, as well as full transcripts of any hearings, to the College\u2019s Board of Trustees, who will make a final decision on each case. According to an email from College spokesperson Diana Lawrence, none of the external investigator\u2019s reports or information from the will be made public for any of the professors. Hanlon\u2019s email did not disclose Smith or the Review Committee\u2019s recommendations for Kelley and Whalen \u201cout of respect for the ongoing process.\u201d Lawrence wrote that she cannot speculate on the timeframe for the and the Board to reach a decision. 2/27/25, 7:50 Heatherton retires following sexual misconduct allegations - The Dartmouth 2/6 The three professors have also been under criminal investigation by the New Hampshire attorney general\u2019s office since last October. Senior assistant attorney general Geoffrey W.R. Ward wrote in an email that the attorney general's office remains ongoing. Hanlon's email notes that the College is continuing to cooperate with law enforcement on their separate investigation. Heatherton remains barred from entering campus property or attending College events. He will also not be granted emeritus status, according to Lawrence. Kelley and Whalen are also restricted from entering College property. In addition to his vested retirement funds, Heatherton is eligible to receive retiree health coverage from the College. Lawrence wrote that employees who have reached the age of 55 and have at least 10 years of continuous service are eligible for some retiree health benefits, regardless of their reason for leaving the College. Dartmouth does not have the power to prevent a retirement or disallow health benefits for retirees, Lawrence wrote. The Dartmouth first reported on Oct. 25, 2017 that the three professors were on paid leave and under investigation for misconduct. On Oct. 31, Hanlon wrote a campus-wide email confirming that the professors were \u201calleged to have engaged in sexual misconduct and are being investigated by law enforcement,\u201d including the New Hampshire attorney general\u2019s office, the Grafton County attorney, the New Hampshire State Police, the Grafton County Sheriff\u2019s office and Hanover Police. On Nov. 10, the College announced that it had hired an external investigator to conduct its own investigations of the allegations. On Nov. 18, The Dartmouth reported that fifteen undergraduate, graduate and postdoctoral students and scholars in the department signed a statement to The Dartmouth alleging that the three professors 2/27/25, 7:50 Heatherton retires following sexual misconduct allegations - The Dartmouth 3/6 created a \u201chostile academic environment in which sexual harassment is normalized.\u201d They further claimed that the professors had violated one or more of the College\u2019s Employee Sexual Misconduct Policy, Employee Sexual Harassment Policy and Policy on Instructor-Student Consensual Relationships. Four of those signees spoke directly to The Dartmouth about their experiences, and three more provided written statements about their time in the department. On Feb. 19, 2018, Hanlon announced that the external investigator was \u201cclose to concluding her work,\u201d and that, after the completion of investigations, disciplinary action following procedures in the Organization of the Faculty of Dartmouth College would be pursued Review: Kendrick Lamar\u2019s halftime performance was always going to be \u2018bigger than the music\u2019 By Brendilou Armstrong | February 14, 2025 votes against endorsing proposal to preserve \u2018Dartmouth College\u2019 name for undergraduate school By Jackson Hyde | February 25, 2025 James: Dartmouth\u2019s Wall Street Plague By Preston James | February 20, 2025 funding cuts could \u2018severely hinder\u2019 research at Dartmouth By Iris WeaverBell | February 20, 2025 Exit 13 and the Town It Destroyed: Deep Dive on Lewiston, Vt. By Allison Burg | February 26, 2025 2/27/25, 7:50 Heatherton retires following sexual misconduct allegations - The Dartmouth 4/6 America's oldest college newspaper. Founded 1799. The Dartmouth 11 hours ago Leslie An \u201921 argues that selectivity in campus groups perpetuates inequality \u2014 calling on student leaders to consider the power they hold as \u201cgatekeepers to opportunity.\u201d 09-4723-45b5-ba6f-63e98a\u2026 1 Comment Share The Dartmouth 11 hours ago The Dartmouth Outing Club will host 10 i b k i h i h The Dartmouth The Dartmouth 12,645 followers 12,645 followers Follow Page Share \uf111 \ue61b \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 2/27/25, 7:50 Heatherton retires following sexual misconduct allegations - The Dartmouth 5/6 Beilock News Opinion Sports Arts Mirror Data Cartoon Visual Essays Podcasts Donate History Masthead Join Us Policies Advertise Contact Us Subscribe to our newsletter \uf061 \u00a9 2025 The Dartmouth, Inc. 6175 Robinson Hall Hanover 03755 Powered by Solutions by The State News 2/27/25, 7:50 Heatherton retires following sexual misconduct allegations - The Dartmouth 6/6", "7305_102.pdf": "1 2, and 3, Plaintiffs, on behalf of themselves and all others similarly situated, v COLLEGE, Defendants. Hon. Landya B. McCafferty NO. 1:18-cv-01070 Plaintiffs Kristina Rapuano, Vassiki Chauhan, Sasha Brietzke, Annemarie Brown, Andrea Courtney, Marissa Evans, Jane Doe, Jane Doe 2, and Jane Doe 31 (\u201cPlaintiffs\u201d), by and through their undersigned counsel, hereby sue Defendant Trustees of Dartmouth College (\u201cDartmouth\u201d or the \u201cCollege\u201d), on behalf of themselves and the class defined below, under Title IX2 and common law claims pursuant to New Hampshire law to remedy the gender discrimination, sexual assaults, and harassment they suffered. These harms directly resulted from Dartmouth\u2019s breach of its duty to protect its students from unwanted sexual harassment and sexual assault and to provide an education and/or workplace free from sexual harassment and other forms of gender-based discrimination. Plaintiffs allege upon knowledge concerning their own acts and upon information and belief as to all other matters. 1 Along with this First Amended Complaint, Jane Doe 2 and Jane Doe 3 have filed motions to proceed under a pseudonym that set forth the legal and factual authority for protecting their identities due to the sensitive nature of the acts perpetrated upon them and to mitigate against additional extreme emotional distress that would result in publicly identifying them. 2 Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. (\u201cTitle IX\u201d). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 1 of 85 2 Dartmouth College has knowingly permitted three of its prominent (and well- funded) professors to turn a human behavior research department into a 21st Century Animal House. For well over a decade, female students in Dartmouth\u2019s Department of Psychological and Brain Sciences (the \u201cDepartment\u201d) have been treated as sex objects by tenured professors Todd Heatherton, William Kelley, and Paul Whalen. These professors leered at, groped, sexted, intoxicated, and even raped female students. These professors ensured the young women in the Department were vulnerable to this sexual harassment by conditioning faculty mentorship and support on students\u2019 participation in the alcohol-saturated \u201cparty culture\u201d they perpetuated. Among other things, these professors conducted professional lab meetings at bars, invited students to late-night \u201chot tub parties\u201d in their personal homes, and invited undergraduate students to use real cocaine during classes related to addiction as part of a \u201cdemonstration.\u201d Dartmouth has known about bad behavior by these professors for more than sixteen years. Dartmouth\u2019s supervisory faculty, administrators, officers, and employees (such agents, unless referred to by name or position, hereinafter referred to as \u201cDartmouth\u201d) have received complaints of pervasive sexual harassment and gender-based discrimination perpetuated by Professors Heatherton, Kelley, and Whalen since at least 2002. But Dartmouth did nothing and ignored these complaints, thereby ratifying the violent and criminal acts of its professors. In early April 2017, a group of female graduate students, determined to end the intolerable conditions in which they and others were forced to work and study, contacted Dartmouth\u2019s Title office and detailed instances of sexual assault and sexual harassment by these three professors. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 2 of 85 3 Dartmouth did nothing. As a result, Professor Whalen sexually assaulted Plaintiff Chauhan twenty days later. At Dartmouth\u2019s suggestion, Plaintiffs and the other women in the Department continued working with or among the accused professors for nearly four months. The sexual harassment continued unabated. Over several months, at least 27 complainants came forward to participate in the Title investigation. In October 2017, Dartmouth was forced to publicly disclose the existence of the investigation for the very first time after the news was leaked to the media. Days later, on October 31, 2017, the New Hampshire Attorney General opened a criminal investigation into the allegations against the three professors. Dartmouth eventually hired an outside attorney to conduct an \u201cindependent investigation\u201d in which Plaintiffs were told they would have a voice. Instead, Dartmouth unilaterally stopped the investigation and allowed the three professors to retire and/or resign in July 2018, more than fifteen months after Plaintiffs filed their initial complaints. The seven Plaintiffs, each an exemplary female scientist at the start of her career, came to Dartmouth to contribute to a crucial and burgeoning field of academic study. Plaintiffs were instead sexually harassed and sexually assaulted by the Department\u2019s tenured professors and expected to tolerate increasing levels of sexual predation. Plaintiffs now turn to this Court for appropriate relief to remedy Dartmouth\u2019s past wrongs and to force Dartmouth College to enact meaningful reforms that will permit women to engage in rigorous scientific study without fear of being sexually harassed and sexually assaulted is a natural person who, at all relevant times, was domiciled in Vermont. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 3 of 85 4 is a natural person who, at all relevant times, was domiciled in New Hampshire is a natural person who, at all relevant times, was domiciled in Vermont is a natural person who, at all relevant times, was domiciled in New Hampshire or Vermont is a natural person who, at all relevant times, was domiciled in New Hampshire or Vermont is a natural person who, at all relevant times, was domiciled in New Hampshire is a natural person who, at all relevant times, was domiciled in New Hampshire 2 is a natural person who, at all relevant times, was domiciled in New Hampshire or Illinois 3 is a natural person who, at all relevant times, was domiciled in New Hampshire or Rhode Island is a non-profit corporation organized and existing under the laws of New Hampshire that maintains its principal place of business at 63 South Main Street, Suite 301, Hanover 03755, in this District. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. \u00a7\u00a7 1331 and 1343, because Plaintiffs\u2019 statutory claims under Title present a federal question over which this Court has jurisdiction. Plaintiffs also assert state-law claims over which this Court has supplemental jurisdiction pursuant to 28 U.S.C. \u00a7 1367. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 4 of 85 5 This Court has personal jurisdiction over Defendant pursuant to Fed. R. Civ. P. 4(k)(1)(a) because Defendant is domiciled in and conducts business within this Judicial District. This Court is the proper venue under 28 U.S.C. \u00a7 1391(b) and 42 U.S.C. \u00a7 2000e- 5(f) because Dartmouth is headquartered in this District and many of the unlawful practices complained of herein occurred in this District, and the events or omissions giving rise to Plaintiffs\u2019 claims occurred in this District A. The Department\u2019s Predators\u2019 Club Dartmouth College is an elite Ivy League private research university located in the town of Hanover, New Hampshire. Dartmouth has an enrollment of 6,400 students and is one of the nation\u2019s most competitive colleges, with an undergraduate acceptance rate of 8.7%. The conduct at issue involved three celebrated Dartmouth professors in the Department, which is considered a \u201cpowerhouse\u201d for research and innovation at Dartmouth. The Department is housed in a state-of-the-art $27 million building and Dartmouth was the first liberal arts school in the country to have its own fMRI scanner to conduct brain scans. The most senior member and arguably the founder of the three-member \u201cpredatory club\u201d that harassed female students was Todd Heatherton. Heatherton was a prolific researcher who received Dartmouth\u2019s prestigious Champion International Professorship endowed chair and served as the Department Chair from 2004 through 2005. Heatherton was instrumental in making the Department a major power center on campus by, among other things, helping to attract what was as of 2005 the largest grant in Dartmouth\u2019s history\u2014$21.8 million to establish a center for cognitive and educational neuroscience. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 5 of 85 6 The predatory club was filled out by two younger brain science scholars who joined in Heatherton\u2019s pattern of harassment of female students in the Department. William Kelley joined the Department in 2000 and Paul Whalen joined in 2005. Both Whalen and Kelley received tenure through the Department, even as three promising female professors did not. All three female professors went on to receive tenure, prestigious awards and great success\u2014but at other institutions. Upon information and belief, Heatherton was instrumental in helping both Kelley and Whalen obtain tenure and, once that happened, the three men frequently socialized and regularly gathered with each other\u2019s female graduate students at bars in Hanover. B. Dartmouth Ignores Decades of Complaints The pervasive sexual harassment and gender-based discrimination in the Department perpetuated by Heatherton, Kelley, and Whalen was well-known to Dartmouth\u2019s supervisory faculty and administrators since at least 2002. At least two sexual harassment complaints were made against Heatherton in a 12- month span in 2002. In lieu of responding appropriately to either complaint, Dartmouth rewarded Professor Heatherton, first naming him Champion International Professor (after the initial complaint) and subsequently promoting him to Chair of the Department (after the second complaint). The first complaint arose from an incident that occurred during a public recruiting event for the Department in February 2002. Heatherton grabbed a female graduate student\u2019s breasts and told her that she was \u201cnot doing very well\u201d in her work in the lab. The incident was Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 6 of 85 7 reported to Dartmouth\u2019s administration, including then-Associate Dean Richard Wright.3 Not long after the report, Dartmouth appointed Heatherton as Champion International Professor. The second complaint stemmed from an incident that occurred in late 2002 or early 2003, when Heatherton groped the buttocks of two graduate students, one male and one female, whom he approached from behind at a bar. The female graduate student reported this incident to then-Department Chair Howard Hughes (\u201cformer Chair Hughes\u201d). In response, former Chair Hughes encouraged the female graduate student not to \u201cmake a fuss\u201d by pursuing the matter further. Dartmouth then promoted Heatherton to Chair of the Department. Dartmouth also received multiple complaints about an inappropriate sexual relationship between Kelley and Jane Doe 3, a female graduate student working in his lab from 2003 until 2008. In approximately 2004, a female graduate student contacted former Chair Hughes and reported that Kelley was having a sexual relationship with Jane Doe 3 that made her very uncomfortable. Upon information and belief, multiple students made similar complaints to Dartmouth between 2005 and 2007. Upon information and belief, a complaint relating to sexual harassment and sex discrimination was filed against Kelley and Heatherton in 2005. Upon information and belief, Dartmouth failed to take disciplinary action against either professor female graduate student working in Whalen\u2019s lab from 2006 to 2010 complained that Whalen was depriving her of career opportunities that were instead given to another female graduate student in the lab with whom Whalen flirted and favored. 3 See Britta Greene, Former Professor: Dartmouth Aware of Misconduct Allegations For Years (Nov. 16, 2017), Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 7 of 85 8 Upon information and belief, Professor and Director of Graduate Studies Thalia Wheatley (\u201cDirector Wheatley\u201d), Department Chair Dave Bucci (\u201cChair Bucci\u201d), and administrators with supervisory authority knew about discriminatory hiring practices within the Department. Heatherton, Kelley, and Whalen demonstrated an obvious bias toward hiring young, attractive female students to work in their labs. Kelley and Whalen treated this endeavor as a competition and openly debated who had \u201cthe hottest lab.\u201d Female students in the Department were pressured to appease the professors by flirting with them. Women ultimately felt that their looks were significant in their being hired rather than their academic achievements. Heatherton, Kelley, and Whalen tied female students\u2019 academic success to the students\u2019 willingness to tolerate unwanted sexual attention. All three professors favored students who accompanied the men on their frequent drinking binges and engaged in sexual banter or submitted to unwanted touching and sexual contact. Heatherton, Kelley, and Whalen compelled female students to be objectified and to objectify their female classmates. All three men made inappropriate comments about the students\u2019 physical attractiveness, including explicit references to their breasts. Kelley went so far as to publicly \u201crank\u201d women on a \u201cPapi\u201d scale by which a \u201c0\u201d rating meant he \u201cwould never bang\u201d under any circumstances, a \u201c1\u201d rating meant \u201chot enough that you would bang her if her personality was excellent,\u201d and a \u201c2\u201d rating meant \u201cso hot you would bang her no matter what she was like.\u201d Upon information and belief, Director Wheatley, Chair Bucci, and administrators with supervisory authority knew that Heatherton, Kelley, and Whalen routinely injected themselves into the sexual lives of their female students, such as taking \u201cbets\u201d on how long female students could make their relationships last and advising their female students to \u201cjust screw\u201d other members of the lab. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 8 of 85 9 Heatherton, Kelley, and Whalen mostly ignored personal and professional boundaries. Kelley regularly accessed students\u2019 cell phones without permission and sent inappropriate messages from the students\u2019 phones to others. Whalen demanded that his highly educated students act as his personal masseuses and \u201cwalk on his back,\u201d an activity which he claimed his previous students did for him regularly. Whalen also went \u201cshopping\u201d with his female students, offering to purchase them dresses and shoes he selected for them. Kelley and Whalen openly conducted sexual relationships with their female students. Upon information and belief, Dartmouth administrators with supervisory authority knew Kelley and Whalen were involved in these inappropriate relationships. The Department\u2019s faculty have described Dartmouth as \u201cthe capital of sexism\u201d and likened the Department to a fraternity house of which Kelley, Whalen, and Heatherton were self- appointed co-presidents. Numerous Dartmouth administrators, including Associate Dean Jay Hull (\u201cDean Hull\u201d), Chair Bucci, and current and former students described Whalen as being \u201ctouchy,\u201d \u201ca flirt,\u201d \u201ca hugger,\u201d and \u201chandsy.\u201d Chair Bucci further acknowledged that he observed Whalen blurring professional boundaries, or to be \u201ccompletely lacking\u201d in them. Indeed, over the last decade, former faculty members informed Dartmouth\u2019s administration that they were concerned about misconduct by Kelley, Heatherton, and Whalen. While at a conference in Boston, Director Wheatley witnessed Whalen attempting to kiss a woman working in his lab. C. Dartmouth Fails to Stop the Predators\u2019 Club from Pressuring Female Students into \u201cBlack Out\u201d Binge Drinking and Unwanted Physical and Sexual Contact On top of the sexual harassment women in the Department endured, they were also forced to reckon with the fact that Heatherton, Kelley, and Whalen conditioned faculty mentorship Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 9 of 85 10 and support on student participation in the alcohol-saturated \u201cparty culture\u201d they created. This practice was both well-known and blatantly ignored by Dartmouth administrators. Examples of the Department\u2019s \u201cparty culture\u201d abound. Kelley bragged to his students that he snorted real cocaine in class during demonstrations related to addiction. Kelley, Whalen, and Heatherton openly took shots of alcohol with underage prospective students. When hiring undergraduates to work in his lab, Kelley sometimes scheduled the interviews to take place at bars and purchased drinks for the underage interviewees. Associate Dean Hull was specifically aware of Kelley and Whalen\u2019s \u201ctradition\u201d of taking prospective female students out drinking, purportedly to observe how the students \u201chandled themselves\u201d while drunk, but did nothing to investigate or stop it. The three predatory professors pressured their young female graduate students to accompany them to local bars and other places to engage in binge drinking. All three professors purchased drinks for their female students and encouraged them to drink late into the night. The professors then regaled their lab members with tales of their alcohol-fueled exploits with other students, describing how those students got drunk, became ill, and made fools of themselves. On at least one occasion, Kelley encouraged his graduate students to go to a strip club with him while at a conference. Kelley regularly hosted \u201chot tub parties\u201d and other parties at his house, which has a fully outfitted bar in the basement. These parties, for which Kelley coined the term \u201ctubby time,\u201d often took place late at night after drinking at bars. Not to be outdone, Whalen hosted numerous parties at his residence centered around drinking excessively. Both Kelley and Whalen encouraged their female students to spend the night at their homes after long nights of drinking. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 10 of 85 11 The lab environment was no less free from pressure to consume alcohol. Lab meetings and one-on-one advising meetings often took place at bars. On the occasions when meetings did take place in the labs, the professors often expected that alcohol be served. Students were flown to conferences across the country and then urged to skip conference events to drink with the professors in bars. Whalen rescheduled important qualifying exams and meetings because he needed to \u201crecover\u201d from binge drinking over the weekend or \u201cget laid.\u201d Female students who were willing to partake in these activities were rewarded with academic attention, while those who refrained were ignored and neglected academically. Kelley publicly labeled one female student \u201ca bitch\u201d for refusing to participate in drinking events. Associate Dean Hull and Director Wheatley confirmed that they both received numerous complaints from graduate students who felt pressured to drink alcohol and socialize with Kelley and Whalen, and feared retaliation if they refrained from these activities. Instead of acting on their knowledge, Dartmouth administrators emboldened the predators\u2019 club to continue their harassment and abusive conduct toward female students without fear of punishment. This attitude was on full display when, during the 2010-2011 academic year, Whalen announced to his students that a woman in the Department had previously complained about sexual harassment and that it had \u201cbackfired,\u201d causing the complainant to \u201close resources\u201d and to \u201close steam in her career.\u201d According to Whalen, the complainant \u201cgot what was coming to her, of course; you don\u2019t bite the hand that feeds you.\u201d In the three years preceding April 2017, sexual harassment and abuse of female students became intolerable and students\u2019 complaints became louder. Within that timeframe, graduate students repeatedly spoke out about inappropriate student/advisor relationships during annual meetings attended by high-level administrators, including but not limited to Dean Hull, Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 11 of 85 12 Director Wheatley, and Chair Bucci. Upon information and belief, these administrators were informed that multiple students were attending therapy because of their advisors. One graduate student explicitly told these administrators that this was a \u201clife or death situation,\u201d and someone would commit suicide if Dartmouth refused to act. D. As Harassment Grows Intolerable, Female Students Band Together to End the Harassment and Abuse On January 13, 2017, Ms. Rapuano contacted Provost Carolyn Dever (\u201cProvost Dever\u201d) to report that she was experiencing sexual harassment at Dartmouth and had realized this was a pervasive issue. Upon information and belief, Provost Dever failed to launch any investigation of her own and took no steps to protect Ms. Rapuano or other students from sexual harassment. In or about late March 2017, several female graduate students came together to discuss the harassment and abuse they were experiencing in the Department. With no assistance from Dartmouth, the students researched their legal options, sought support and guidance from advocates and determined that filing a Title complaint against the three professors was the best first step. On April 4, 2017, Ms. Rapuano, Ms. Courtney, and several other graduate students met with Chair Bucci and Director Wheatley to report sexual harassment and sexual assault within the Department. On April 7, 2017, the same group met with Dartmouth\u2019s Title coordinator. The students outlined instances of sexual assault and sexual harassment so extreme as to constitute a sexually hostile educational environment and work place, inappropriate conduct, and retaliation by Kelley, Whalen, and Heatherton. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 12 of 85 13 Dartmouth took no immediate action to protect the students who complained. Whalen sexually assaulted Ms. Chauhan twenty days after the Title complaint was filed, and Kelley continued to sexually harass Ms. Rapuano through June 2017. Even after these serious complaints were lodged, Dartmouth actually encouraged the victims to continue working with or among Heatherton, Kelley, and Whalen. Dartmouth warned the victims that the accused professors would likely retaliate against students who discontinued working with them by disparaging them and revoking their academic support, actions which could result in the victims being expelled or placed on academic probation. Thus, at Dartmouth\u2019s suggestion, the victims continued working with their harassers for nearly four months. Dartmouth waited nearly four months before notifying Kelley, Whalen, and Heatherton of Plaintiffs\u2019 complaints (on July 20, 2017) and placing them on administrative leave (on July 28, 2017). Dartmouth released no information about the three professors\u2019 status even after they were placed on leave. Concerned about the situation and the College\u2019s lack of candor, undergraduate students posted flyers around campus on October 24, 2017, asking \u201cWhere is Prof. Paul Whalen?\u201d and \u201cWhere is Prof. Bill Kelley?\u201d The College newspaper, The Dartmouth, reported on the flyers, and a College spokesperson said only that the three professors were on paid leave and under \u201congoing investigations into allegations of serious misconduct[.]\u201d On October 31, 2017, the New Hampshire Attorney General opened a criminal investigation into the allegations against the three professors. Heatherton was on sabbatical leave during the 2017-2018 academic year to work as a visiting scholar at New York University (\u201cNYU\u201d) while the Title investigation was Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 13 of 85 14 ongoing. Upon information and belief, Dartmouth failed to disclose the Title Investigation or the allegations against Heatherton to NYU, thus enabling him to continue working amongst students until October 2017. In response to the Title Complaint, Dartmouth launched an \u201cindependent investigation\u201d led by Jennifer Davis, Esquire (\u201cInvestigator Davis\u201d), an attorney and self-described \u201cindependent investigator.\u201d Investigator Davis is on the \u201capproved\u201d list of Dartmouth\u2019s insurer, United Educators Insurance, whose focus appears to be helping institutions manage risk and minimize liability stemming from wrongdoing by employees.4 Indeed, Investigator Davis seemingly made no effort to address Dartmouth\u2019s prior knowledge of the professors\u2019 conduct or to examine Dartmouth\u2019s role in fostering the continuing harassment Plaintiffs experienced. Investigator Davis demanded extensive confidential information from Plaintiffs, including privileged mental health records, emails, texts, pictures, and other such information. In several instances, however, Investigator Davis showed these confidential records to Heatherton, Whalen, Kelley, and their attorneys without Plaintiffs\u2019 knowledge or consent. Investigator Davis also conducted numerous lengthy interviews with Plaintiffs and others without advising them of their rights or encouraging them to seek legal counsel. Without Plaintiffs\u2019 knowledge or consent, she then shared portions of these interviews with the perpetrators and their attorneys. Investigator Davis and Dartmouth\u2019s Title office failed to protect Plaintiffs\u2019 privacy by erroneously including one reporting party\u2019s confidential exhibits in a different reporting party\u2019s folder. On several occasions, email communications from the Title office were 4 See LLC, (last visited on Nov. 13, 2018). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 14 of 85 15 addressed to the wrong person, revealing the complainant\u2019s identity and confidential information to others. Dartmouth included Ms. Brown as a \u201cReporting Party\u201d to the complaints into Whalen\u2019s conduct without Ms. Brown\u2019s knowledge or permission. Ms. Brown learned that she was a Reporting Party for the first time when she unexpectedly received a copy of the investigation report along with, most concerningly, a copy of Whalen\u2019s rebuttal to her specific allegations. Ms. Brown was never informed that Whalen would be permitted to review or dispute her allegations. Investigator Davis provided Dartmouth with several reports concerning her \u201cfindings\u201d in March 2018, eleven months after the April 2017 Title complaint was filed. Plaintiffs were provided with heavily redacted versions of the sections of the reports that pertained to them and given a limited opportunity to correct inaccuracies in the reports. Based on the limited information Plaintiffs received, Investigator Davis purported to \u201cfind\u201d numerous violations of Dartmouth\u2019s policies and procedures by Heatherton, Kelley, and Whalen. Disciplinary hearings regarding the \u201cfindings\u201d were scheduled for July 2018, and Plaintiffs were promised an opportunity to be heard and confront their harassers. Dartmouth then unilaterally suspended the disciplinary process, permitting Heatherton to retire and accepting resignations from Kelley and Whalen. Plaintiffs were not consulted prior to Dartmouth\u2019s termination of the Title process. Dartmouth declined to provide Plaintiffs with accommodations, support or guidance, both immediately following their initial complaints to the Title office and throughout the investigation. There were three separate Title Coordinators while Plaintiffs\u2019 complaint was pending. The first of these, Heather Lindkvist, implicitly discouraged Plaintiffs from coming forward. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 15 of 85 16 Since it unilaterally terminated the Title process, Dartmouth has taken no action that would demonstrate any intent to investigate how the abuse perpetrated upon Plaintiffs could have happened and/or to make any changes that would prevent it from happening again. Instead, Dartmouth has taken steps to silence the victims and discourage them from pursuing legal action or demanding change within Dartmouth. On September 12, 2018, Plaintiffs\u2019 counsel sent Dartmouth a letter detailing Plaintiffs\u2019 claims and the basis for Dartmouth\u2019s liability under Title and other statutes. Days later, Chair Bucci and Director Wheatley convened a meeting with all graduate students in the Department. When the students arrived, they saw that the Title Coordinator, Kristi Clemens, was also present, and Chair Bucci and Director Wheatley had called this meeting to, in their words, \u201cdispel rumors\u201d about the Title investigation. It became quickly apparent that the meeting was a public platform to disparage the victims and discourage them from pursuing legal action. Chair Bucci accused the victims of \u201cpulling the Department backwards rather than forward\u201d by continuing to demand change at Dartmouth. Chair Bucci and Director Wheatley criticized the victims for questioning their involvement in the facts giving rise to the Title complaints and said that it was \u201cvery unfair\u201d of the students to discuss the prior complaints about Heatherton and implied that these complaints were irrelevant. Finally, they took pains to dispute and justify several aspects of the investigation that Plaintiffs\u2019 attorneys explicitly criticized in their September 12, 2018, letter. After the departure of Heatherton, Kelley, and Whalen, Dartmouth convened a search committee to hire their replacements. Upon information and belief, 158 applications were submitted for the three positions; from these, Dartmouth\u2019s selection committee shortlisted 11 candidates. Only two of the shortlisted candidates are women. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 16 of 85 17 After Plaintiffs\u2019 Complaint was filed on November 15, 2018, a number of individuals associated with the Department came forward and shared their own experiences with Heatherton, Whalen, and Kelley. Former graduate students corroborated the environment described by Plaintiffs. Individuals who declined employment offers from Dartmouth attributed their decision, in part, to the accused professors. Other professionals in the field claimed that rumors of sexual misconduct, a heavy drinking culture, poor student/faculty boundaries, and a \u201cboys\u2019 club\u201d environment in the Department had circulated for years. One former female graduate student published an article in which she explained that \u201c[t]he seeds of the current allegations were already sown 15 years ago while [she] was there\u201d and wrote that the accused professors routinely \u201cpushed [students\u2019] boundaries\u201d by initiating sexual conversations, joking about the details of students\u2019 sex lives, and pressuring students to drink excessive amounts of alcohol. Another former graduate student wrote that \u201c[t]he victims of this culture are much greater in number than 7\u201d and stated that he witnessed first-hand the \u201csex- talk,\u201d the \u201cparty culture in the program that spiraled so out of control,\u201d and a sexual relationship between a graduate student and faculty member. Yet another former graduate student claimed that some of the actions described in the lawsuit were entirely normalized during her five years in the Department former Assistant Professor at Dartmouth wrote that she once attended a dinner with Whalen and Kelley in which they discussed women\u2019s breasts. Individuals who were offered faculty positions at Dartmouth explained that the accused professors\u2019 inappropriate conduct factored into their decision to decline their employment offers. One such individual said that Whalen made inappropriate comments to his partner and showed her photos of his graduate students while discussing how \u201chot\u201d they were. Another individual wrote sought advice from at least 20 people and the supermajority of them mentioned Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 17 of 85 18 Whalen, Kelley, and Heatherton. This was not a few victims sharing their own stories\u2014this information was widely known . . . the groping sounded rampant[.]\u201d On December 6, 2018, nearly 800 members of the Dartmouth community (including current and former undergraduate students, graduate students, faculty, and staff) signed an open letter5 to President Hanlon and the Board of Trustees condemning Dartmouth\u2019s failure to protect its students from sexual assault and harassment. The letter, issued by the Dartmouth Community Against Gender Harassment and Sexual Violence, stated, in part: \u201cAs members of the Dartmouth community spanning several generations, we are acutely aware that these were not isolated incidents, but rather part of an institutional culture that minimizes and disregards sexual violence and gender harassment . . . . We stand, outraged, in solidarity with the courageous individuals who filed this lawsuit, and with the countless students, staff, and faculty who have endured sexual violence and gender harassment throughout Dartmouth\u2019s history A. Kristina Rapuano\u2019s Factual Allegations Ms. Rapuano graduated in the top two percent of her undergraduate class with a Bachelor of Science in Psychology in 2010. She enrolled in graduate studies at Dartmouth College in 2012, where she worked as a Ph.D. student and teaching assistant. While at Dartmouth, Ms. Rapuano won numerous awards, recognitions, and scholarships for her performance as a graduate student and as a teaching assistant. She has a strong publication record and has routinely given talks and poster presentations at academic conferences across the country. 5 See (last visited May 01, 2019). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 18 of 85 19 On approximately March 14, 2014, Ms. Rapuano met Whalen in his office to assist him in grading final exams. She returned to her office after they finished grading the exams. Soon after, she received a text message from Whalen summoning her back to his office. When Ms. Rapuano entered Whalen\u2019s office, he closed the door, turned the lights off, sat down next to her on the couch, and proceeded to try and touch her over her clothes. When Ms. Rapuano stood and tried to leave, Whalen followed her and pinned her against the wall. He then repeatedly tried to put his hands into her pants over her objections and demands that he stop touching her. Whalen persisted until Ms. Rapuano forcefully removed his hands from her pants. Not long after this incident, Whalen told Ms. Rapuano that he had altered the curve for one of his courses (for which Ms. Rapuano was the teaching assistant) so that a young woman in his class would receive an \u201cA-\u201d in the course, despite the negative impact on the other students. Kelley largely ignored Ms. Rapuano when she first began working in his lab and abstained from socializing or drinking with him. Leading up to and during the 2014-2015 school year, Ms. Rapuano finally succumbed to Kelley\u2019s pressure to act as his \u201cdrinking buddy.\u201d She noticed an increase in Kelley\u2019s interest in working with her professionally and providing her with academic support. In March 2015, both Ms. Rapuano and Kelley attended the annual conference of the Cognitive Neuroscience Society (\u201cCNS\u201d) in San Francisco, California. Ms. Rapuano booked a flight to the Conference leaving on Saturday, March 28, 2015, and reserved her own hotel room. When Kelley learned of Ms. Rapuano\u2019s travel plans, he changed her flight so that she would arrive in San Francisco a day earlier, claiming that it would be better if he and Ms. Rapuano had more time together at the conference. Kelley then suggested that Ms. Rapuano stay in his hotel Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 19 of 85 20 room for the night, despite knowing\u2014and failing to inform Ms. Rapuano\u2014that his hotel room had just one bed in it. Kelley instructed Ms. Rapuano to meet him at the hotel bar, even though she would not arrive at the hotel until nearly 12:00 a.m. After drinking at the hotel bar, Kelley urged Ms. Rapuano to accompany him to another bar, encouraging her to continue drinking until she became intoxicated. Earlier in the night, Ms. Rapuano sent Kelley a text message explicitly stating that she wanted to have fun but \u201cnothing else.\u201d Once she became inebriated, however, Kelley chose to ignore her message that sexual contact was unwelcome. Kelley sexually assaulted Ms. Rapuano in the early hours of March 28, 2015, by having vaginal intercourse and other sexual contact with her when he knew she was too incapacitated to consent. In the morning, Kelley told Ms. Rapuano that they had \u201chad sex\u201d two times, and that Ms. Rapuano had \u201cfreaked out\u201d at some point during the sexual interaction. Ms. Rapuano has no memory of engaging in sexual intercourse, nor does she recall leaving the bar or how they returned to the hotel. Based on her physical state the following day, she has wondered whether Kelley drugged her. For his part, Kelley acknowledged on different occasions that he was well aware of Ms. Rapuano\u2019s level of intoxication and knew that she had no recollection of that night. After sexually assaulting Ms. Rapuano in March 2015, Kelley began to pursue an inappropriate sexual relationship with her, using his position of power to exert control over her personal and professional life and threatening retribution when she rejected or did not sufficiently respond to his advances. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 20 of 85 21 On numerous occasions, Kelley summoned Ms. Rapuano to his office under the guise of academic advising and then aggressively initiated sexual activity with her. Between March 2015 and July 2017, Kelley regularly sent Ms. Rapuano sexually graphic text messages. For example, Kelley sent her photographs of penises\u2014including his own\u2014 and asked Ms. Rapuano to \u201ccompare them.\u201d Kelley also sent Ms. Rapuano pictures of sex toys, asked her what she was wearing, demanded that she send him sexually graphic photographs of herself, and urged her to talk about his sexual fantasies. During the 2015-2016 school year, Ms. Rapuano expressed her discomfort with Kelley\u2019s sexual advances and attempted to reestablish a professional working relationship with him. Kelley ignored each such attempt and continued to pressure her into sexual contact. For example, Ms. Rapuano attempted to end their sexual relationship after learning that Heatherton had heard \u201crumors\u201d that Ms. Rapuano and Kelley were sexually involved. In response, Kelley told Ms. Rapuano he was \u201cgoing to keep putting [his] tongue in [her] whenever [he] want[s].\u201d Ms. Rapuano observed a direct correlation between Kelley\u2019s willingness to support her as his graduate student and the degree to which she complied with his sexual demands. She pointed this out to Kelley on numerous occasions, telling him that he was crippling her academic advancement by pursuing a sexual relationship with her and was not providing her with the academic support she needed as his graduate student. Kelley reacted to each such attempt with anger and hostility, cementing Ms. Rapuano\u2019s fears of retaliation. When Ms. Rapuano rejected Kelley\u2019s sexual advances or was not sufficiently responsive to his lewd and suggestive text messages, he would deprive her of academic guidance and refuse to schedule meetings to discuss her research. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 21 of 85 22 In November 2015, Kelley attempted to undermine Ms. Rapuano\u2019s academic career by offering a data set she had been working on to other members of the lab. To escape Kelley\u2019s harassment\u2014at least for a short time\u2014Ms. Rapuano applied to and was ultimately awarded a prestigious fellowship that allowed her to work abroad for part of the 2016-2017 academic year beginning in July 2016. When Kelley learned of Ms. Rapuano\u2019s fellowship, his retaliation and attempts to sabotage her career escalated as punishment for her decision to leave Dartmouth. In April 2016, a paper Ms. Rapuano co-authored with the professor with whom she would be working with abroad was published in a well-respected journal. Rather than commending the accomplishment, Kelley reacted violently, berating Ms. Rapuano for failing to inform him she was working on a paper with a different professor and accusing her of acting \u201cunprofessionally.\u201d Kelley then threatened not to sign her annual progress report for her graduate fellowship. On May 2, 2016, Ms. Rapuano objected to Kelley\u2019s reaction, which she interpreted as stemming from feelings of jealousy and possessiveness. Ms. Rapuano told Kelley \u201callowing profession[al] and personal lines to blur together\u201d was negatively impacting her career, writing feel that you have been incredibly disrespectful and abrasive these past few days and as much as try to distance myself from that, and re-establish professionalism, you seem to push back even harder in unprofessional ways. As my advisor hope you can understand how toxic that hostile environment can be and how unproductive it is for getting work done cannot handle the amount of emotional manipulation that you\u2019ve incited, and would feel forced to seek out possible solutions elsewhere if this continues to be a problem.\u201d In the months before Ms. Rapuano\u2019s departure, Kelley became increasingly hostile towards her. He texted Ms. Rapuano almost daily with unfounded criticisms and placed pressures on her that were obviously motivated by his personal feelings. On different occasions, Kelley told Ms. Rapuano that he was \u201cletting her go\u201d but he was \u201cnot happy\u201d about it. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 22 of 85 23 Prior to her departure, Ms. Rapuano proposed a collaboration on a project with Kelley and a post-doctoral fellow working in Heatherton and Kelley\u2019s joint lab. Kelley initially agreed to and supported the collaboration. However, when Ms. Rapuano attempted to execute the collaboration in July 2016, Kelley flatly refused and told Ms. Rapuano will not be working with you on this project or any other project going forward.\u201d Kelley then demanded that Ms. Rapuano destroy the data she had brought abroad with her to work on during her fellowship. In July 2016, Kelley explicitly asked Ms. Rapuano if she was interested in a sexual relationship with him. She answered that she was not. Nonetheless, on July 21, 2016, Kelley confirmed that he was unwilling to separate his personal feelings for her from his professional obligations as her advisor. In an email to Ms. Rapuano, Kelley wrote: \u201cProfessionally. I\u2019m sad. And jealous. Maybe because of how feel personally. Probably so feel like I\u2019m #1 personally, but #10 professionally, somewhere behind other European names can\u2019t pronounce that have amazing tools my lab should use need to feel #1 professionally to be a good advisor need to be first in your eyes as an academic so that can feel comfortable about sharing you . . . Maybe that\u2019s not a fair ask, but need it don\u2019t know how to separate the personal from the professional don\u2019t know that it makes sense to do so.\u201d In response, Ms. Rapuano told Kelley that she was \u201cterrified\u201d that her academic success had become contingent on personal relations with him. Kelley\u2019s inappropriate and retaliatory behavior grew so extreme that Ms. Rapuano contacted Heatherton to voice her concerns. Ms. Rapuano told Heatherton that Kelley\u2019s behavior had put her in \u201ca very difficult situation\u201d that left her feeling \u201cstuck,\u201d and she feared Kelley would refuse to allow her back into the lab upon completion of her fellowship. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 23 of 85 24 Heatherton later told Ms. Rapuano that he spoke with Kelley and acknowledged the obvious tension in the lab. Upon information and belief, Heatherton failed to take meaningful steps to remedy Kelley\u2019s behavior, despite expressly acknowledging that a problem existed. In August 2016, Ms. Rapuano briefly returned to the United States for a conference. While at Dartmouth, she encountered Kelley and his girlfriend at a departmental barbecue. Ms. Rapuano tried to keep her distance and avoided interacting with him. This visibly enraged Kelley. Kelley abruptly cancelled several professional advisor meetings he had scheduled with Ms. Rapuano in retaliation for her failure to personally engage with him at the barbecue. Kelley also sent Ms. Rapuano several threatening and offensive emails that he characterized as \u201cprofessional advice.\u201d His \u201cprofessional advice\u201d included verbally berating Ms. Rapuano for not engaging with him at the barbeque and accusing her of being \u201cunprofessional,\u201d \u201cchildish,\u201d and \u201cplaying dumb.\u201d When Ms. Rapuano attempted to speak with Kelley about his outburst, he refused to meet with her. After this encounter, Ms. Rapuano again attempted to establish a professional relationship with Kelley and highlight his inappropriate behavior, writing to him: \u201cThe very fact that you are upset about a personal interaction is by definition unprofessional. The fact that you are willing to sacrifice professional meetings because of your personal feelings is unprofessional. The fact that am terrified of you right now and do not know how to interact with you in front of people, let alone your girlfriend and daughter, is unprofessional.\u201d Later that day, Ms. Rapuano met with Kelley and implored him to separate his personal feelings from the professional aspects of their relationship. Kelley refused to engage in a conversation on this topic or respond to Ms. Rapuano\u2019s concerns in any meaningful way. In January 2017, Ms. Rapuano returned to Dartmouth and began to more forcefully reject Kelley\u2019s advances and express her discomfort with his conduct. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 24 of 85 25 During her first meeting with Kelley, Ms. Rapuano was driven to tears by his demanding, cold, and angry demeanor. When Kelley observed Ms. Rapuano crying, he told her that she \u201cjust had to be nice to him.\u201d Ms. Rapuano interpreted his statement as indicating that her professional success was once again contingent on her willingness to fulfill Kelley\u2019s sexual demands. On January 13, 2017, Ms. Rapuano contacted Provost Dever to report that she was experiencing sexual harassment at Dartmouth and had realized this was a pervasive issue. Upon information and belief, Provost Dever failed to launch any investigation of her own and took no steps to protect Ms. Rapuano from sexual harassment, which continued unabated. Between February 2017 and March 2017, Kelley continued to send Ms. Rapuano demeaning and sexually explicit text messages. On many occasions, Ms. Rapuano told Kelley to stop sending her sexual messages and told him that she did not feel right responding to his sexual questions. But Kelley persisted. When Ms. Rapuano rejected his advances, Kelley became increasingly hostile and difficult to work with. He cancelled meetings and refused to review Ms. Rapuano\u2019s work or provide her with academic support. On one occasion, Kelley learned that the graduate students had planned a happy hour outing without consulting him. He accused the graduate students of being disloyal and rude and texted Ms. Rapuano, \u201cfuck you all . . . It\u2019s amazing how ignorant you can all be sometimes.\u201d In March 2017, Kelley and a group of graduate students, including Ms. Rapuano, attended the Social & Affective Neuroscience Society (\u201cSANS\u201d) Conference in Los Angeles, California. Kelley witnessed Ms. Rapuano speaking with her ex-boyfriend and flew into a jealous Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 25 of 85 26 rage. He accused Ms. Rapuano of exhibiting \u201ccomplete disrespect\u201d for him at the Conference and told her that he was losing interest in seeing or communicating with her. Soon after, Ms. Rapuano again explicitly told Kelley that she had no interest in a sexual relationship with him. She further informed him that he had taken advantage of her at the March 2015 Conference by initiating sexual intercourse with her when she was too intoxicated to consent and after she had specifically told him she was not interested. She explained that she felt her professional success depended on her reaction to his sexual advances, writing felt like if stopped . . . the professional attention would stop felt like had opened a door that could not be closed[.]\u201d In response, Kelley told Ms. Rapuano that her explanation was \u201cincredibly offensive.\u201d Kelley then attempted to revoke his agreement that Ms. Rapuano complete her Ph.D. in a sixth year at Dartmouth and attempted to coerce her into leaving early, suggesting that she abandon her plans and adhere to a shorter timeline so that she could get her degree as soon as possible and leave the school. Kelley told Ms. Rapuano that his professional advice would be to \u201cchange her situation.\u201d He made clear that his opinion was directly related to her disinterest in a sexual relationship with him, writing: \u201cYou just wrote an essay about how completely fucked you over and you don't want to be here and do science . . . You're not getting anything done here and are really bitter. Let's try to move you to a better place.\u201d Kelley continued to pressure Ms. Rapuano to leave Dartmouth and told her that he would be happier when she was gone. Kelley\u2019s sexual involvement with students was well-known to administrators, faculty, and students at Dartmouth, especially within the Department. When Ms. Rapuano Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 26 of 85 27 confronted Kelley about these past relationships with students, he acknowledged guess have a reputation.\u201d In late March or early April of 2017, Ms. Rapuano learned that other female students in the Department had experienced unwelcome sexual conduct from several professors. After hearing these stories\u2014which were like her own\u2014Ms. Rapuano realized there was a pattern of sexual misconduct within the Department. Ms. Rapuano was one of the students who reported sexual misconduct by the three professors to Chair Bucci, Director Wheatley, and the Title office on April 4 and April 7, 2017. Because Dartmouth failed to act for months after that report, Ms. Rapuano was subjected to continued sexual harassment as she continued to work in Kelley\u2019s lab. Between April 2017 and July 2017, Kelley continued to send Ms. Rapuano sexually suggestive text messages. When Ms. Rapuano ignored his advances, Kelley targeted her for ridicule and criticism and became increasingly unavailable for meetings or academic-related discussions. On April 26, 2017, Kelley refused to meet with Ms. Rapuano regarding her dissertation proposal, telling her that there was \u201cno need\u201d to meet because he was just going to tell the Department that she \u201cdidn\u2019t do it yet\u201d\u2014which would have resulted in Ms. Rapuano being placed on academic probation. Kelley then began to avoid Ms. Rapuano and refused to schedule meetings with her. After weeks of denying Ms. Rapuano academic guidance and subjecting her to unwarranted criticism and ridicule, Kelley contacted her on May 8, 2017, to ask that she come to happy hour because he wanted to see her \u201csmiling face.\u201d When Ms. Rapuano refused to meet him, Kelley returned to ignoring her academically. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 27 of 85 28 During a retreat on June 12, 2017, Kelley refused to provide necessary feedback on Ms. Rapuano\u2019s academic presentation. After the retreat, however, Kelley summoned her to his office. Ms. Rapuano, fearing retaliation and faced with Dartmouth\u2019s inaction to date, reluctantly went. When she arrived, Kelley initiated unwelcome sexual activity with her. On May 31, 2017, Ms. Rapuano initiated plans to switch to a different professor\u2019s lab. Dartmouth did not transfer her to a new lab until July 28, 2017. Prior to Ms. Rapuano\u2019s self- initiated request, Dartmouth offered her no academic accommodations and instead left her under the supervision of the man who assaulted and harassed her. After Ms. Rapuano reported sexual misconduct to Dartmouth in April 2017, she sought mental health treatment at the College\u2019s student health clinic. When she explained that she wanted to discuss the trauma and emotional distress resulting from Kelley\u2019s conduct and the Title investigation, she was turned away. Dartmouth advised her to seek mental health treatment elsewhere, even though Dartmouth\u2019s health insurance would not cover these expenses. Ms. Rapuano turned down multiple offers from other graduate programs to attend Dartmouth, which she viewed as the dominant player in the social neuroscience field to which she hoped to contribute as a leader and scholar. Her ambitions were quickly crushed. Kelley initially ignored her and made her feel incompetent. Only when she gave in to Kelley\u2019s pressure to join his drinking club did this begin to change. As Kelley\u2019s personal interest in her increased, he rewarded her academically, causing her to doubt whether the increased opportunities were solely related to his sexual interest in her. Indeed, Ms. Rapuano expressed concerns about the poster Kelley slated her to present at the California conference where he sexually assaulted her. As Kelley\u2019s harassment escalated, Ms. Rapuano\u2019s mental health deteriorated, and she experienced extreme depression\u2014requiring her to take psychotropic medication for the first Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 28 of 85 29 time in her adult life\u2014in addition to having Post Traumatic Stress Disorder, suicidal thoughts, a suicide attempt, and physical symptoms such as nausea, insomnia, weight loss, nightmares, and lack of focus and motivational issues. Combined, these effects have dramatically impacted Ms. Rapuano\u2019s life and career in nearly every way possible. B. Vassiki Chauhan\u2019s Factual Allegations Ms. Chauhan is a fourth-year graduate student in the Department who worked as Whalen\u2019s teaching assistant. She enrolled in Dartmouth\u2019s graduate program in 2015 after completing her master\u2019s degree on a prestigious merit-based scholarship. Ms. Chauhan has a strong academic and research record throughout her graduate studies, including poster presentations at conferences and authoring a peer reviewed paper. On April 4, 2017 and April 7, 2017, several Plaintiffs and other graduate students reported Heatherton, Kelley, and Whalen for sexual misconduct. Dartmouth took no action for months. Whalen sexually assaulted Ms. Chauhan on April 24-25, 2017, weeks after the initial complaints were made. On April 24, 2017, Whalen pressured Ms. Chauhan into drinking with him, repeatedly ordering and paying for her drinks. Whalen then suggested that she accompany him back to his home for another drink. When Whalen attempted to initiate sexual contact, Ms. Chauhan forcefully rejected his advances and told him not to touch her. Ms. Chauhan tried to leave his house several times by going downstairs. Each time, Whalen followed her downstairs and prevented her from leaving. Whalen then forced her to engage in nonconsensual intercourse with him. When Ms. Chauhan told him to at least use protection, Whalen laughed and told her, \u201cthat is one thing am not going to do.\u201d Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 29 of 85 30 The next day, Whalen pressured Ms. Chauhan into meeting him and asked her whether she thought their encounter was consensual, demanding that she keep it private and tell no one. Following her sexual assault, Ms. Chauhan was in physical pain. As a result, she visited Dartmouth\u2019s medical facility and sought medical attention. After examining Ms. Chauhan, the medical practitioner asked if the sexual encounter had been forced. Whalen suggested that Ms. Chauhan was merely being \u201cparanoid\u201d for seeking medical treatment. In the weeks following the assault, Whalen continued to persistently text Ms. Chauhan late at night to ask her to meet him at a bar, on one occasion suggesting that they should meet for a drink to \u201ccelebrate\u201d when her medical test results came back. Ms. Chauhan suffered sexual harassment and a hostile environment at the hands of Kelley and Whalen from the beginning of her time at Dartmouth. Ms. Chauhan first became acquainted with Kelley when she was run over by his car while she was walking on a street near campus. Kelley\u2019s car hit her with enough force to knock her down and send her belongings flying across the street. Ms. Chauhan later learned that Kelley and his girlfriend, who was allegedly driving at the time, had been drinking earlier that day. Ms. Chauhan met Kelley for the very first time that day, when he stopped to apologize for hitting her with his car few months later, Kelley overheard Ms. Chauhan discussing potential Halloween costumes and suggested that she dress as \u201croadkill.\u201d He continued to call Ms. Chauhan by the nickname \u201croadkill\u201d for the next two years. Whalen initiated inappropriate sexual conversations with Ms. Chauhan, such as inquiring about her sexual history and the status of her relationship. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 30 of 85 31 Ms. Chauhan was also present for multiple conversations in which Kelley openly discussed his plans to break up Ms. Rapuano and her boyfriend and advised other female graduate students to break up with their boyfriends. Kelley regularly accessed students\u2019 cell phones without permission to send out inappropriate messages to others. For example, Kelley once accessed Ms. Chauhan\u2019s Facebook page and changed her status to am going to streak across the green on my birthday at midnight; be there or be square.\u201d This message was transmitted to Ms. Chauhan\u2019s friends and family. Kelley did this without Ms. Chauhan\u2019s knowledge or permission. Like the other Plaintiffs, Ms. Chauhan felt pressured to drink, socialize, and endure inappropriate behavior by the Department\u2019s faculty members because this was the sole route to building and maintaining necessary relationships with her faculty advisors. Ms. Chauhan observed that Kelley and Whalen always seemed to be trying to get their graduate students drunk. The first time Whalen witnessed Ms. Chauhan purchasing a drink at a bar, he came up to her and exclaimed can\u2019t believe you\u2019re this much fun thought you were just a shy person.\u201d Ms. Chauhan contacted two Title Coordinators multiple times and requested to deliver a victim impact statement during Whalen\u2019s disciplinary hearing. Dartmouth scheduled Whalen\u2019s hearing to take place on a day when it knew Ms. Chauhan was unavailable to attend and then unilaterally terminated the process, thus depriving Ms. Chauhan of the opportunity to confront Whalen. Ms. Chauhan attended the October 2018 meeting between Chair Bucci, Director Wheatley, the Title Coordinator, and the Department\u2019s graduate students. When Ms. Chauhan criticized Chair Bucci for his statements, he responded by telling her that her anger at Dartmouth Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 31 of 85 32 was misplaced and she should, instead, be angry at the professors who hurt her. This all but confirmed Ms. Chauhan as a victim in front of the Department\u2019s entire graduate student population. Ms. Chauhan came to Dartmouth as an international student from a culture that valued modesty and religion. Having studied at excellent institutions throughout the world, Ms. Chauhan chose Dartmouth because she thought it would provide her with a solid foundation as a researcher and scientist. After she was sexually assaulted on April 25, 2017, Ms. Chauhan sought professional counseling services at Dartmouth\u2019s health center. During that session, Ms. Chauhan detailed her most private thoughts and feelings about the assault. Shortly thereafter, Investigator Davis demanded that Ms. Chauhan provide her counseling records to her and assured her that they would be treated as \u201cconfidential.\u201d Ms. Chauhan was appalled to learn, in the Title report, that Investigator Davis showed her private counseling records to the perpetrator and his attorneys to seek their \u201cresponse.\u201d Ms. Chauhan feels so betrayed by that action that she cannot trust therapists enough to seek the treatment she knows she needs. Combined, the assault, harassment and betrayal of her most private confidences have left Ms. Chauhan severely depressed, anxious and with difficulty focusing and motivating herself to complete her work. Her academic achievements and productivity have suffered greatly due to her experiences at Dartmouth and her participation in the Title investigation. These experiences have had lasting effects on Ms. Chauhan\u2019s mental health and emotional state. She is plagued with doubts about her future prospects in academia and has lost her optimism for her well-being in personal relationships. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 32 of 85 33 C. Sasha Brietzke\u2019s Factual Allegations Ms. Brietzke is a current graduate student who began working in Kelley\u2019s lab in the fall of 2016. She is a promising researcher who has received positive evaluations from her advisor and presented at professional academic conferences. Heatherton sexually harassed and inappropriately touched Ms. Brietzke on two separate occasions in March 2017 while attending the Conference with a group of the Department\u2019s students and professors. Heatherton joined Ms. Brietzke and several other conference attendees at the Abbey Nightclub, where he stood extremely close to Ms. Brietzke and placed his hand on her lower back in a way that made her uncomfortable. The next night, Ms. Brietzke attended a karaoke event after the conference. Heatherton spotted Ms. Brietzke and continuously called for her to join him. Heatherton grabbed Ms. Brietzke and groped her buttocks. He then grabbed her waist and pulled her into his lap and asked her what she was \u201cgoing to be doing later that night.\u201d Shocked and terrified, Ms. Brietzke jumped from his lap and left the venue. Kelley and Whalen created a highly sexualized and hostile environment that prevented Ms. Brietzke from availing herself of the benefits of her educational and professional pursuits at Dartmouth. Kelley, Whalen, and Heatherton all prided themselves on having young and attractive females in their labs. During a lab meeting, Heatherton announced that he found it socially rewarding when women smiled at him. Kelley frequently discussed how Ms. Brietzke and the other female students in his lab were \u201chot,\u201d often bragging that he had \u201cthe hottest lab.\u201d On one occasion, Kelley commented that his lab assistants were \u201chotter\u201d than Whalen\u2019s. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 33 of 85 34 Ms. Brietzke felt objectified and treated as a \u201cdoll\u201d by Kelley. Kelley often made inappropriate and objectifying comments about Ms. Brietzke\u2019s physical appearance, such as regularly commenting on the size of her breasts, complimenting her make-up, and inquiring about her relationship status. Kelley also urged Ms. Brietzke to date his male friends, whom he instructed to flirt with Ms. Brietzke and give her hugs even after she expressed disinterest. When Ms. Brietzke did not respond with enthusiasm to his comments, Kelley became inattentive towards her and her work. While playing a game called \u201cHeads Up!\u201d (a variation of Charades in which the players act out words and phrases for adult content) with Ms. Rapuano, Ms. Brietzke, and Ms. Chauhan, Kelley referred to a push-up bra by yelling, \u201c[Ms. Rapuano] would wear this but [Ms. Brietzke] wouldn\u2019t.\u201d Kelley also referred to chaps by stating, \u201cAssless! You wear these, assless ones.\u201d Kelley also made sexual and demeaning comments about other women in Ms. Brietzke\u2019s presence. For example, Kelley described another woman in the Department as \u201ca bitch\u201d and regularly told Ms. Brietzke that he found Ms. Courtney physically attractive. Ms. Brietzke was present for conversations in which Kelley asked Ms. Courtney about her sex life and the size of her partner\u2019s penis. On one occasion, Kelley urged Ms. Brietzke to participate in an \u201cintervention\u201d he staged to encourage another female graduate student to break up with her boyfriend. Ms. Brietzke, like other women in the Department, felt that she had to drink and socialize with Kelley and Whalen to receive academic attention. Indeed, Kelley once told Ms. Brietzke that another female graduate student was \u201ca bitch\u201d because she had not come drinking with him that night. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 34 of 85 35 Kelley pressured Ms. Brietzke, Ms. Rapuano, and Ms. Courtney to meet him at bars during non-working hours on a moment\u2019s notice, often texting them nonstop until they agreed to meet with him socially. Whalen regularly bought Ms. Brietzke drinks at bars without asking her and without regard for Ms. Brietzke\u2019s discomfort with accepting alcoholic beverages purchased for her by a faculty member. He also purchased extravagant meals costing hundreds of dollars for Ms. Brietzke and other female students. On April 4, 2017, and April 7, 2017, Ms. Rapuano, Ms. Courtney, and several other graduate students complained of sexual harassment, sexual assault, inappropriate conduct, and retaliation by Kelley, Whalen, and Heatherton to Chair Bucci, Director Wheatley, and Dartmouth\u2019s Title office. Dartmouth took no action for months. As a result, the sexual harassment and hostile environment perpetuated by Kelley, Whalen, and Heatherton continued unabated. After the April 2017 Title complaints, Whalen remarked that Ms. Brietzke \u201cdidn\u2019t like him\u201d and invited her to watch a movie in his home. When Ms. Brietzke declined, Whalen asked what he had to do to make her like him. Another female student involved in the Title reporting sought another advisor and did not attend a lab meeting with Kelley. When he asked where this student was, Ms. Brietzke feigned ignorance and stated that she might be out of town or out of the country. Later that day, Kelley saw Ms. Brietzke and the other female student walking in town. Kelley removed Ms. Brietzke from a large project she was working on and refused to attend meetings with her. In an email to everyone working in his lab, Kelley wrote that the other female graduate student was considering other lab options and noted that \u201ccrafting cover-up stories to suggest that she is out of Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 35 of 85 36 the country is unnecessary \u2026 indeed \u2026 it\u2019s kind of dumb given the size of Hanover and how often we all see each other in town.\u201d Ms. Brietzke attended the meeting between Chair Bucci, Director Wheatley, the Title Coordinator, and all graduate students in the Department that was called days after Dartmouth received the September 12, 2018, letter from Plaintiffs\u2019 counsel detailing Plaintiffs\u2019 claims and the basis for Dartmouth\u2019s liability under Title and other statutes. After this attempt to disparage the victims and discourage them from pursuing legal action, Ms. Brietzke felt as though she was no longer safe nor welcome at Dartmouth. Ms. Brietzke came to Dartmouth to gain experience and learn new research methods in the Department, which was known for its prestigious and rigorous graduate program. Instead, she was discouraged from contacting professors to learn new research methods and found that the Department\u2019s professors had no interest in teaching her. The sexually hostile atmosphere and pressure to engage with the professors socially was apparent from Ms. Brietzke\u2019s very first day in the Department, and over the course of her first year at Dartmouth, she came to feel that women in the Department, including herself, were objectified and expected to compromise themselves to succeed. These behaviors escalated when Heatherton sexually harassed and groped Ms. Brietzke at a conference. Combined, the toxic sexual environment, harassment, and abuse she experienced took a toll on Ms. Brietzke. Ms. Brietzke became depressed, socially withdrawn, and anxious. Ms. Brietzke felt unsafe working in the lab with Heatherton, whom she was forced to see on a regular basis. As a result, her academic work suffered. Ms. Brietzke began to withdraw from friends and isolate herself. She began regularly seeing a therapist for the first time because of her experiences. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 36 of 85 37 The harassment she experienced impacted every facet of her life\u2014from her personal relationships to her academic success. D. Annemarie Brown\u2019s Factual Allegations Ms. Brown worked as a graduate student in Whalen\u2019s lab from 2010 to 2015, and successfully defended her Ph.D. in January 2016. She was hired by Dartmouth as an adjunct professor in September 2017. During her first year working as Whalen\u2019s graduate student, Whalen trumpeted the claim that Dartmouth protects its male professors by discrediting women who dare to bring sexual harassment claims against them. Whalen announced to his students that a woman in the Department had previously complained about sexual harassment and that it had \u201cbackfired,\u201d causing the complainant to \u201close resources\u201d and lose steam in her career. Whalen warned his female graduate students that the complainant \u201cgot what was coming to her, of course; you don\u2019t bite the hand that feeds you.\u201d Ms. Brown observed that Whalen, Heatherton, and Kelley all rewarded young, attractive women who went to social gatherings and drank heavily with their advisors with additional academic attention and advancement opportunities. This \u201csocializing\u201d was often prioritized over students\u2019 academic pursuits. For example, Whalen\u2019s students, including Ms. Brown, traveled to London to attend an International Society for Affective Disorders conference. Unbeknownst to the student participants, Whalen arranged a \u201cdrinking tour\u201d with himself and his students that lasted the duration of the conference. Indeed, Ms. Brown and her female classmates visited the conference only briefly to pick up their name tags. Whalen openly rewarded graduate students who drank and socialized with him over those who declined to do so. He pressured Ms. Brown and his other students to attend what he Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 37 of 85 38 called \u201cmandatory fun\u201d events, such as pajama parties and \u201cboozy lunches\u201d in the middle of the workday. When Ms. Brown refused to attend these events, Whalen called her a \u201cgoody two shoes\u201d and a \u201c7-year-old girl.\u201d He then began ignoring Ms. Brown academically and subjecting her to undue criticism. Whalen and Kelley cultivated a hostile environment in which professional boundaries were virtually nonexistent. For example, after learning that Ms. Brown had just interviewed for a position at Harvard, Whalen, and Kelley pressured her to take a picture with their arms around her and texted it to her potential Harvard supervisor with the caption \u201cwish you were here.\u201d Days later, Harvard rejected Ms. Brown. Whalen once instructed his graduate students to design a series of experiments related to alcohol consumption. Women were required to take pregnancy tests prior to participating in these experiments. Whalen walked down the hall singing, \u201cWho wants a pregnancy test!?\u201d Whalen sexually harassed and inappropriately touched Ms. Brown on numerous occasions throughout her tenure in his lab. Shortly after Ms. Brown joined the lab, Whalen laid down on the floor and demanded that she \u201cwalk on his back,\u201d an activity he said his previous female graduate students did for him \u201call the time.\u201d When Ms. Brown was leaving a Super Bowl party at Whalen\u2019s house, he squeezed her buttocks and winked at her while hugging her goodbye. His wife was standing right beside them. When Ms. Brown failed to respond to Whalen\u2019s sexual advances, he retaliated by subjecting her to unwarranted criticism and cancelling academic meetings. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 38 of 85 39 As a result, Ms. Brown became fearful that she would be expelled from the program. She eventually voiced these concerns to Whalen. Whalen reminded her of his near total control of her, telling her, \u201cI\u2019ll never let you go.\u201d Whalen then delayed Ms. Brown\u2019s academic progress by rescheduling her first qualifying exam. The weekend before her exam was scheduled, Whalen organized a trip to his Vermont property. After drinking the entire weekend, Whalen ignored Ms. Brown\u2019s attempts to contact him for the first two days of the week-long exam schedule before finally telling her that he needed to delay her exam because he was recovering from the weekend. Whalen also escalated his inappropriate sexual comments to Ms. Brown. For example, he regularly commented on Ms. Brown\u2019s physical appearance, telling her that she was an \u201c8.5 out of 10\u201d and warning her to \u201cact accordingly\u201d and \u201cwatch out\u201d because she \u201cshould know she is pretty.\u201d At another time, Whalen, while openly staring at Ms. Brown\u2019s chest, advised her that it was important that she put a lot of sunscreen on her chest area. Ms. Brown felt that her success at Dartmouth required Whalen\u2019s \u201cprotection,\u201d which he would only provide if she succumbed to his flirtations and sexual advances. While in a taxi at a professional conference, Whalen publicly shouted to Ms. Brown that she should \u201cjust screw\u201d the lab mate he assumed she had feelings for. Whalen made this comment in the presence of many of Ms. Brown\u2019s fellow graduate students as well as professional colleagues in the same academic field with the potential to help Ms. Brown secure future employment. Another time, Whalen instructed Ms. Brown to retrieve something from his desk in the lab on Dartmouth premises in a drawer he knew contained Playboy magazines. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 39 of 85 40 Ms. Brown was also present for several instances in which Whalen behaved in a sexually suggestive and inappropriate manner toward other women. For example, while at a lunch, Whalen remarked that he could see a waitress\u2019s panty lines and told Ms. Brown that it was \u201cnever good to see panty lines.\u201d Whalen also regularly gave Ms. Brown and other female graduate students \u201cbear hugs\u201d while inebriated. Kelley contributed to this hostile environment by spreading false rumors that Ms. Brown and Whalen were in a sexual relationship. While with Ms. Brown and other female graduate students, Kelley frequently discussed the \u201cPapi scale,\u201d rating women according to whether he would want to \u201cbang\u201d them. Whalen then rescheduled Ms. Brown\u2019s second qualifying exam for nearly a full year. This extreme delay forced Ms. Brown to go on academic probation, which Whalen told her was a \u201ccharacter building exercise.\u201d When Ms. Brown was finally scheduled to take this exam nearly a year later, Whalen again rescheduled it, further delaying her academic progress. Ms. Brown immediately contacted now-Chair David Bucci to request a secondary advisor after learning her qualifying exam had been further rescheduled. Chair Bucci told Ms. Brown that a secondary advisor was not an option. Even though Ms. Brown explicitly asked Bucci to keep her request confidential and refrain from telling Whalen, Bucci informed Whalen that Ms. Brown had requested a secondary advisor. Thereafter, Whalen retaliated against Ms. Brown for rejecting his sexual advances and seeking a secondary advisor. He promptly removed Ms. Brown from Dartmouth\u2019s centralized funding and placed her on his individual grant, which allowed him to exercise complete control over her work. Over time, Whalen increasingly denied Ms. Brown access to resources vital to her work and academic success at Dartmouth. During this time, Whalen also abruptly cancelled Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 40 of 85 41 meetings with Ms. Brown. After one such cancelled meeting, Whalen told her, \u201cI\u2019m sorry, but had to get laid. You understand, don\u2019t you?\u201d Finally, Whalen then rescheduled Ms. Brown\u2019s dissertation defense on two separate occasions, delaying her academic progress by months more. Ms. Brown was hired as an adjunct professor in September 2017. When she was hired, Bucci told her that Dartmouth would continue to employ her as an adjunct if everything went well. In approximately October 2017, Ms. Brown contacted the Title investigator to provide information regarding Whalen\u2019s sexual misconduct against her and other students. In April 2018, Dartmouth released the teaching schedule for the following year. Despite receiving outstanding student evaluations, Ms. Brown was scheduled to teach no courses. On April 9, 2018, Ms. Brown contacted Chair Bucci and requested a meeting to discuss her teaching schedule for the following semester. Chair Bucci told Ms. Brown that he had nothing to say and refused to meet with her, claiming that they could not discuss her employment until the investigation had concluded. Chair Bucci did, however, give teaching assignments to a male adjunct with similar credentials to Ms. Brown\u2019s. Both Ms. Brown and this individual were graduate students working in the Department and were subsequently hired as adjunct professors during approximately the same period. The only difference between Ms. Brown and the male teacher, aside from gender, is that the male did not participate in the Title investigation. Dartmouth also denied Ms. Brown access to free counseling resources provided to her as an employee benefit. In December 2017, Ms. Brown contacted Dartmouth\u2019s employee assistance program and scheduled an introductory session (during which she was to provide an overview of the issues she wished to discuss) and a follow-up appointment for the following week. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 41 of 85 42 During Ms. Brown\u2019s introductory session, she explained that she wanted to discuss the Title investigation and its impact on her. The Dartmouth counselor cancelled Ms. Brown\u2019s follow-up appointment just days in advance and did not respond to Ms. Brown\u2019s efforts to reschedule. When Ms. Brown received a copy of the final investigative report from Dartmouth, she was shocked to learn, for the very first time, that she was listed as a \u201cReporting Party\u201d to the complaint against Whalen. Neither Dartmouth nor Investigator Davis asked Ms. Brown for permission to list her as a Reporting Party or informed her that they intended to do so. Ms. Brown was unaware that Whalen would have the opportunity to review and dispute her specific report. Ms. Brown suffered from a panic attack when she unexpectedly received the report listing her as a Reporting Party along with Whalen\u2019s rebuttal to her story. After a promising undergraduate career, Ms. Brown was pursued by prestigious schools such as Harvard. She ultimately chose Dartmouth because of its reputation and well- respected professors in her desired field of science. Ms. Brown came to Dartmouth full of potential, work ethic, and energy, but left Dartmouth demoralized with a shattered academic record and diagnosed with anxiety, Post Traumatic Stress Disorder, and stress-induced onset of autoimmune disease. Ms. Brown matriculated at Dartmouth with the expectation that her work would be examined and scrutinized by a team of well-known researchers whom she looked forward to engaging with at each step. Instead, she was thrust into an environment in which these esteemed researchers were prone to flagrant sexual misconduct and cared little about her research or helping her improve her work. This environment quickly took its toll on Ms. Brown, who came from a sheltered background and was just 21 years old when she came to Dartmouth. Ms. Brown became and remains socially withdrawn, hopeless about her future, and severely disadvantaged in a competitive field. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 42 of 85 43 E. Andrea Courtney\u2019s Factual Allegations Ms. Courtney enrolled at Dartmouth in 2012 and worked in Kelley\u2019s lab as a doctoral student. While at Dartmouth, Ms. Courtney won multiple awards and travel grants. She authored and published numerous papers and gave poster presentations and talks at academic conferences. Kelley regularly initiated inappropriate and sexual conversations with Ms. Courtney concerning the sex lives and physical appearances of Ms. Courtney and other female graduate students in the Department. For example, Kelley questioned Ms. Courtney about her sex life with her partner, asking whether the sex \u201cwas good\u201d and inquiring about the size of her partner\u2019s penis. Kelley also openly discussed the number of Ms. Courtney\u2019s sexual partners and demanded to know whether Ms. Courtney would have sex with male graduate students. When she started at Dartmouth, Kelley took bets on how long Ms. Courtney\u2019s and Ms. Rapuano\u2019s long distance relationships with their boyfriends would last. On one occasion, Kelley demanded that Ms. Courtney refrain from talking to men in bars because they \u201cdidn\u2019t know that [Ms. Courtney was] the prettiest girl in here and [they don\u2019t] have a shot.\u201d Kelley regularly discussed the physical attributes of female graduate students and women. For example, Kelley openly remarked on various female graduate students\u2019 breast sizes and commented that Ms. Courtney \u201cwouldn\u2019t need a boob job.\u201d Kelley noted his preference for \u201cboobs that have a natural, ski jump shape.\u201d Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 43 of 85 44 Ms. Courtney and Ms. Rapuano worked together in Kelley\u2019s lab. Ms. Courtney observed that Kelley had a manipulative and controlling relationship with Ms. Rapuano, who often seemed distressed and upset in the lab. Ms. Courtney, by contrast, was utterly neglected academically and often completely ignored by Kelley in the lab. Kelley rarely expressed interest in Ms. Courtney\u2019s work and often refused to answer her emails, took long periods of time to review her manuscripts, and denied her academic opportunities. Whalen sexually harassed Ms. Courtney and repeatedly made unwelcome sexual advances towards her. Whalen once pulled Ms. Courtney away from a male lab mate, held her hand, and hugged her while saying, \u201cyou can\u2019t do this to me. It makes me jealous when you touch other guys like that.\u201d On another occasion, Whalen grabbed Ms. Courtney\u2019s face and told her, \u201cyou are the prettiest girl in the room; you are the prettiest girl in any room you are in.\u201d Another time, he followed her out of a bar, stating \u201cin another life\u2026\u201d before taking her hand and walking with her for a block. Whalen also told Ms. Courtney and other female graduate students that he loved them on multiple occasions. Whalen also inquired about Ms. Courtney\u2019s relationship and asked her if she was happy with her partner. Ms. Courtney observed that Whalen liked to surround himself with young and attractive women and selected his teaching assistants based on their physical appearance. Whalen directed extra attention to the female students in his lab whom he deemed the most physically attractive. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 44 of 85 45 Ms. Courtney found the Department to be a toxic environment from the moment she enrolled. Kelley and Whalen especially inhibited Ms. Courtney\u2019s progress by prioritizing drinking over acting as academic advisors, forcing her to dedicate most of her free time to socializing with these professors to receive academic advising. Kelley and Whalen regularly spoke about their alcohol-fueled exploits with other students, describing how those students got drunk, threw up, and made fools of themselves. On one occasion, Ms. Courtney became extremely ill after Kelley and Whalen led a drinking marathon that commenced at 3:00 p.m. on a week day. Whalen continuously bought Ms. Courtney and the other graduate students pitchers of sangria, refilling Ms. Courtney\u2019s glass without being asked. Ms. Courtney announced at one point that she needed to stop drinking. Ms. Courtney later learned that Whalen continued to refill her glass even after she expressed that she needed to stop. Ms. Courtney was brought back to the lab and fell asleep in one of the rooms. Ms. Courtney was later told that Whalen attempted to enter the room to \u201ctake care of her,\u201d but was thwarted by a male lab mate watching over her who angrily forced Whalen to leave. At a conference in San Diego, Whalen accompanied Ms. Courtney and two other female graduate students to a mall and attempted to help Ms. Courtney find a dress to wear at dinner, bringing various dresses to the dressing room for her to try on. Whalen, Kelley, and Heatherton regularly made demeaning and sexualized comments about Ms. Courtney or other women in her presence. For example, Kelley once remarked that all the graduate students were thin now and said that they \u201cdidn\u2019t have anyone who was fat.\u201d After interviewing graduate students to work in the lab, Heatherton remarked that one interviewee \u201cwas a jap (Jewish American Princess) and needed to eat a hamburger.\u201d Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 45 of 85 46 Kelley repeatedly told the story of a \u201cjoke\u201d he\u2019d played on Whalen in the past in which Kelley told a young female student working in Whalen\u2019s lab that Whalen had a \u201cbotched penis circumcision\u201d that left him with a \u201chalfie cap.\u201d Kelley bragged that he told Whalen about this joke immediately, remarking that it was \u201cbrilliant\u201d because Whalen was left with the option of either allowing his student to believe he had a \u201cbotched\u201d circumcision or correcting her himself\u2014which he did. Kelley also initiated sexualized conversations about male students in the Department in the presence of Ms. Courtney and other women. He publicly humiliated a religious male graduate student for being a virgin and asked Ms. Courtney and other graduate students to bet on \u201chow long [the male graduate student] would last\u201d on his wedding night. Kelley also remarked that another male working in his lab had \u201ca big penis.\u201d On April 4, 2017, and April 7, 2017, Ms. Courtney joined Ms. Rapuano and several other graduate students in complaining of sexual harassment, sexual assault, inappropriate conduct, and retaliation by Kelley, Whalen, and Heatherton to Chair Bucci, Director Wheatley, and Dartmouth\u2019s Title office. Following these complaints, Dartmouth encouraged the victims to continue working with or among their harassers for several months. Dartmouth warned the victims that, if they did not continue working with their harassers, there was a strong possibility that Heatherton, Kelley, and Whalen would revoke their support and disparage the victims to the Department, which could result in the victims being placed on probation or asked to leave the program. Ms. Courtney thus continued to work in Kelley\u2019s lab, forced to tolerate his abusive and manipulative behavior, for nearly four months. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 46 of 85 47 Ms. Courtney chose to attend Dartmouth with the expectation that she would be trained by experts in the field to publish papers and conduct cutting-edge science using resources promised to graduate students. However, she soon learned that these professors prioritized a highly sexualized drinking culture over academic advising. Ms. Courtney was dissuaded from using the very resources that brought her to Dartmouth in the first place and struggled to receive advising and feedback on her work. Because Heatherton, Kelley, and Whalen controlled most of Ms. Courtney\u2019s resources, she felt forced to participate in their predatory \u201cboys\u2019 club\u201d as a means to succeed in the Department. The power these professors wielded over Ms. Courtney eventually made her believe that her own worth as a scientist was directly dependent on their support. Faced with unrelenting sexual harassment and academic neglect, Ms. Courtney\u2019s academic advancement and productivity suffered greatly and limited her career prospects. She began to lose passion for pursuing a career in the field, which she came to believe nurtured this predatory \u201cboys\u2019 club\u201d culture. Because of Ms. Courtney\u2019s experiences at Dartmouth, she began to question her religious faith and developed anxiety and depression. F. Marissa Evans\u2019s Factual Allegations Ms. Evans was an undergraduate student at Dartmouth from 2014 until 2018. She majored in neuroscience and worked in Kelley\u2019s lab from fall 2015 to spring 2017. Ms. Evans began a post-baccalaureate premedical program at the University of Southern California in the fall of 2018. In the fall of 2015, when Ms. Evans was a sophomore, a male student broke into her dorm room and raped her. Ms. Evans reported the assault to Dartmouth College Health Service counselor Dr. Bryant Ford on November 10, 2015. When Ms. Evans relayed the assault, Dr. Ford replied, \u201cWas it a dream?\u201d Then, at Ms. Evans\u2019s direction, Dr. Ford reported the sexual assault to Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 47 of 85 48 Dartmouth\u2019s Title coordinator and campus safety on her behalf on approximately November 19, 2015. Dartmouth\u2019s response to Ms. Evans\u2019s sexual assault report violates Title and numerous other state and federal laws. First, Dartmouth failed to inform Ms. Evans of her right to obtain a no-cost Jane Doe forensic examination at the nearest qualified facility, to which law enforcement is legally required to transport her. Moreover, Dartmouth falsely informed Ms. Evans that she would not be permitted to proceed anonymously to pursue a Title complaint. In addition, Dartmouth engaged in no investigation concerning the reported rape, refusing even to check the entry logs to see which students had entered her dorm during the relevant hours on the night of her assault. Although Ms. Evans provided the approximate height, hair length and color, and build of the person who raped her, she is unaware of any steps that were taken to investigate her assault or identify the rapist. Thus, Dartmouth violated Title at least by: failing to prevent the sexual assault; failing to have a workable process for reporting sexual assault; impeding a criminal investigation by failing to take necessary steps to preserve evidence; failing to conduct any investigation of the rape; failing to offer the victim any accommodations; and failing to take any measures to prevent against retaliation. Kelley sexually harassed Ms. Evans throughout her tenure in his lab. From the outset, Kelley eschewed professional and personal boundaries. During the summer of 2015, Ms. Evans interviewed for a position in Kelley\u2019s lab. Although she was just 19 years old, Kelley insisted that her formal job interview take place at a bar. There, Kelley plied her with several glasses of wine before taking her bar-hopping and buying her whiskey, commenting several times that Ms. Evans was underage and could not legally drink. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 48 of 85 49 Kelley\u2019s conduct escalated in the summer of 2016. For example, Kelley began sending Ms. Evans Snapchats of himself drinking and commenting on his level of intoxication. Over the 2016-2017 academic year, these messages escalated to inappropriate compliments, such as telling Ms. Evans that \u201ca guy like me could never be with a girl like you\u201d and calling her \u201cbeautiful\u201d and \u201csexy.\u201d In December 2016, Kelley arrived, uninvited, at one of Ms. Evans\u2019s track meets while intoxicated. Ms. Evans did not submit to Kelley\u2019s sexual advances or convey any romantic or sexual interest in him, often responding to his comments by saying, \u201cno, you don\u2019t mean that.\u201d Ms. Evans became anxious over Kelley\u2019s level of interest in her and feared that rejecting him would hurt her academically. Kelley warned Ms. Evans that his letter of recommendation would be \u201ccrucial\u201d for her future and once told her that, as a \u201cfavor,\u201d he was giving her a better grade in his course than she deserved. Kelley repeatedly threatened to harm Ms. Evans academically after she refused to engage in his sexual banter. Each time, Kelley responded by telling Ms. Evans, \u201cSomeone\u2019s honors thesis just got harder.\u201d Ms. Evans responded by telling Kelley not to bring her honors thesis into the conversation. In December 2016, Ms. Evans returned home due to a close childhood friend\u2019s death. Kelley sought to exploit Ms. Evans\u2019s vulnerable state\u2014of which he was well-aware\u2014by dramatically escalating his unwelcome sexual advances towards her. Kelley began to send Ms. Evans sexually explicit images that were both unwelcome and unsolicited. These images displayed, among other things: \u2022 Kelley\u2019s fully naked body, including his erect penis; \u2022 Kelley\u2019s genitalia with sex toys, including a penis \u201ccage\u201d and a penis \u201chat\u201d; and \u2022 Kelley engaged in sexual encounters with two unidentified persons. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 49 of 85 50 Kelley barraged Ms. Evans with unwelcome and offensive text messages of a sexual nature, including: \u2022 Describing his personal use of sex toys, his past sexual encounters, and his sexual preferences in terms of dominant/submissive roles; \u2022 Asking Ms. Evans to describe her sexual practices and fantasies; \u2022 Instructing Ms. Evans on how to perform oral sex on a woman; \u2022 Seeking to assert sexual dominance by commanding Ms. Evans to masturbate and\u2014likening her to a pet\u2014calling her \u201cgood girl\u201d; and \u2022 Expressing his intention to have sexual intercourse with her when she returned to Dartmouth in January 2017. After receiving more than 10 explicit sexual photographs, Ms. Evans blocked Kelley\u2019s number so that he could not contact her. Ms. Evans returned to Dartmouth in January 2017, after the holidays. Because Kelley had told her he intended to have sexual intercourse with her upon her return, Ms. Evans was terrified that he was going to force her to have sex with him. As a result, Ms. Evans attempted to limit her interaction with Kelley and tried to work directly with his senior graduate student, Ms. Rapuano, rather than working with Kelley directly. Kelley eventually emailed Ms. Evans and demanded to know why she was not responding to his text messages. Afraid to tell Kelley that she had blocked him, she instead said that her phone was broken. In response, Kelley took it upon himself to make Ms. Evans an appointment at the Verizon store. Fearing retaliation if Kelley learned the truth, Ms. Evans went to the Verizon store and paid for a phone upgrade that she did not need. To escape Kelley\u2019s sexual harassment, Ms. Evans transferred to a different lab in the spring of 2017. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 50 of 85 51 After switching labs, Ms. Evans was at a local restaurant with a group of Dartmouth students when Kelley arrived to join the group. Ms. Evans switched to a different table so that she would not be seated near him. Kelley continued to stare at her throughout the night and said her name loudly as if to draw her attention to him. Kelley\u2019s conduct robbed Ms. Evans of her undergraduate educational experience and caused her to suffer severe emotional distress and disruptions to every area of her life. Dartmouth retaliated against Ms. Evans for participating in the Title investigation. On May 23, 2018, Ms. Evans easily passed the oral defense of her honors thesis. Professors Bob Maue and Alan Green, the faculty judges, unanimously recommended that she pass with honors. However, Professor Maue then, without explanation, refused to provide Ms. Evans with his signature as required for Ms. Evans to turn in her honors thesis. Ms. Evans sent Professor Maue numerous emails requesting his signature. He did not respond. These circumstances delayed Ms. Evans\u2019s submission of her honors thesis, forcing her to file it one day past its due date. Purportedly because of this \u201clateness,\u201d Ms. Evans received a failing grade on her thesis. Ms. Evans met with Chair Bucci, Assistant Dean of Undergraduate Students Anne Hudak, and Professors Jeffrey Taube and Catherine Cramer to explain the circumstances and request that Dartmouth reverse its decision to fail her. They refused and, instead, presented Ms. Evans with an untenable ultimatum: either accept an A- in an independent study without an honors thesis or receive her honors thesis but with a grade for two semesters (which would drop her below the threshold for medical school, the next professional step in her career). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 51 of 85 52 Ms. Evans appealed this decision to President Hanlon. In her appeal, she voiced concern about possible retaliation for her involvement in the Title investigation against Kelley, writing personally feel as though this decision is rooted in retaliation, as am the only undergraduate student who was directly involved in the investigation of the three neuroscience professors this past year petition was started on Ms. Evans\u2019s behalf requesting that Dartmouth reverse its decision, accumulating approximately 200 signatures. Still Dartmouth refused to reverse its decision. Ms. Evans was ultimately permitted to accept grades of B+ and A- for two semesters. Ms. Evans is the only undergraduate student who participated in the Title investigation. She is also the only undergraduate student whose honors thesis Dartmouth failed. Ms. Evans was a top-ranked high school graduate when she was recruited by Dartmouth to join its track and field team. Kelley took an immediate interest in her when she enrolled in several of his undergraduate courses. Ms. Evans, who was just 18 years old at the time, construed Kelley\u2019s interest as recognition of academic potential in her, and subsequently applied to work in his lab with the expectation that he would assist in building her career and shaping her honors thesis. Kelley\u2019s harassment of Ms. Evans caused her to question her own intellect and academic capabilities, doubts which permeated every aspect of her academic and social relationships. She became terrified that Kelley would force her to have sexual intercourse with him (after he stated his intention to do so) and was driven to severe depressive episodes and a suicide attempt. Ms. Evans\u2019s experiences at Dartmouth have had a lasting effect on her professional career and mental health. Ms. Evans will only work in research labs run by women because of her deep distrust of male employers. She was forced to withdraw from her first semester in a post- Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 52 of 85 53 baccalaureate premedical program due to mental health reasons resulting from her time at Dartmouth. G. Jane Doe\u2019s Factual Allegations Jane Doe received a master\u2019s degree in experimental psychology and obtained a Bachelor of Liberal Arts degree from a top college. Prior to matriculating at Dartmouth as a doctoral student, she worked in a prestigious neuroimaging lab. While at Dartmouth, Jane Doe received numerous external funding and conference awards, co-authored multiple papers, and gave talks and poster presentations at academic conferences across the country. Jane Doe worked in Whalen\u2019s lab during the 2016-2017 academic year. Whalen sexually harassed Jane Doe and subjected her to a hostile environment during her entire tenure in his lab. Jane Doe and other female graduate students in Whalen\u2019s lab felt pressured to submit to his constant and inappropriate flirtation and dress in a manner he felt was \u201csexy\u201d to get any of Whalen\u2019s academic attention or support. Emblematically, Whalen once told Jane Doe that he had been described as a \u201cbenevolent sexist,\u201d which he told her he took as a compliment. Whalen made numerous unwelcome sexual advances toward Jane Doe, such as putting his arm around Jane Doe\u2019s waist and invading her personal space by, despite her obvious discomfort, putting his face just inches away from her face to speak to her. Additionally, Whalen once observed his ex-girlfriend at a bar, sat down next to Jane Doe, and instructed her that they were going to \u201cmake [his ex-girlfriend] jealous by making her think we are on a date.\u201d Whalen also made inappropriate comments about Jane Doe\u2019s physical appearance. For example, before attending a dinner at an academic conference, Whalen expressed Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 53 of 85 54 disappointment in Jane Doe\u2019s physical appearance and implied that he did not find her attractive in the outfit she was wearing by remarking that he had hoped she would \u201cdress up.\u201d While with Jane Doe and her female colleagues, Whalen and Kelley regularly rated the \u201chotness\u201d of female students in the Department, remarking on their physical attractiveness and their clothing choices. Within months of starting at Dartmouth, Jane Doe noticed that students were expected to drink and socialize with the Department\u2019s professors to build key relationships and receive academic attention. Meetings often took place at bars and often involved heavy drinking. On the occasions when Jane Doe declined to attend these \u201cmeetings,\u201d Whalen would disappear and ignore Jane Doe\u2019s emails, leaving her with no advisory support. Jane Doe realized that participating in this drinking culture was a prerequisite to getting the advising, guidance, and academic support she needed from Whalen to complete her studies at Dartmouth. Whalen prioritized female students who indulged his flirtations and sexual advances and neglected those who did not. Most tellingly, Whalen lavished advising, academic attention and opportunities upon a female student in his lab with whom he was widely known to be having a sexual relationship. By contrast, Whalen completely ignored and \u201cfroze out\u201d Jane Doe, who refused his sexual advances. This dynamic impeded Jane Doe\u2019s academic progress at Dartmouth. While attempting to complete her work in the lab, Jane Doe felt pressured to leave Whalen and the graduate student with whom he was having a sexual relationship alone. When they were in the lab together, Whalen often spoke only to the female graduate student with whom he was in a relationship, ignoring Jane Doe. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 54 of 85 55 After Jane Doe participated in the Title process and investigation, Dartmouth retaliated against her by denying her reasonable accommodations, unilaterally transferring her into a new lab that was inconsistent with her background and academic field of science, and ultimately expelling her from the program after the school had set her up to fail. After subjecting Jane Doe to a highly sexualized and hostile lab environment perpetuated by its tenured professors for years, Dartmouth forced Jane Doe to a different lab that was incompatible with her background and field of science. Dartmouth\u2019s actions made it impossible for Jane Doe to realize the benefits of her education as a student at Dartmouth. In mid-July 2017, Jane Doe was abruptly informed that Whalen had been placed on administrative leave and, effective immediately, she would be reassigned to a different professor\u2019s lab that was inconsistent with her background and field of science. Dartmouth did not give Jane Doe the opportunity to object to her placement or seek a more suitable lab. The next day, Jane Doe told Dartmouth that the new lab to which she had been assigned was incompatible with her academic background and interests. Immediately thereafter, Jane Doe became involved in the Title investigation. Jane Doe continued to raise concerns with Dartmouth that her new lab was a poor fit. She discussed this with the new professor to whom she was assigned, who agreed that she would be better suited in a different lab. Indeed, during a presentation of Jane Doe\u2019s work on December 11, 2017, the professor to whom she was assigned made derogatory comments about the type of science Jane Doe was studying and stated that he \u201cregretted\u201d taking over the grant for Whalen and that \u201cthe government should never fund this kind of science again.\u201d Thereafter, Jane Doe met with a different professor whose lab was more aligned with her background and field of science. This professor offered to take Jane Doe into his lab, Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 55 of 85 56 promising to communicate his offer to Dartmouth and advocate for the transfer during the annual faculty meeting. With this professor\u2019s support, Jane Doe initiated plans to transfer into his lab. Director Wheatley and Chair Bucci initially seemed agreeable, but ultimately refused to let Jane Doe switch labs. In June 2018, Dartmouth expelled Jane Doe from the program, without notice or a probationary period. Within 48 hours, Jane Doe met with both Chair Bucci and Director Wheatley separately to discuss her expulsion. Chair Bucci advised Jane Doe not to appeal her evaluations, warning her that \u201cthis is a small field and you don\u2019t want bad blood.\u201d In this same meeting, Jane Doe told Chair Bucci that the culture and harassment perpetuated by the Department\u2019s professors and the poor fit with the lab she had been assigned had left her without a safe scientific home to complete her work. Chair Bucci trivialized Jane Doe\u2019s experiences of harassment and displacement by comparing them with a time when he was inundated with administrative work, stating had a hellish year, too, but was able to do my work.\u201d Director Wheatley claimed that she \u201chad no choice\u201d but to expel Jane Doe. Referencing an upcoming required presentation, Director Wheatley demanded to know: \u201cWhat would you even present on if you were to stay?\u201d This presentation was not scheduled to take place for nearly one year, and Jane Doe already had projects underway\u2014including three completed datasets, one of which she won an award for\u2014that she intended to present. Nonetheless, Dartmouth stood by its decision to expel her. Upon information and belief, Dartmouth violated its own policies in expelling Jane Doe. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 56 of 85 57 Jane Doe chose to attend Dartmouth specifically to work with Whalen, whose research she had followed for many years. She came to Dartmouth with the expectation that Whalen, whose work heavily informed her interests and goals, would provide her with the background and knowledge necessary to launch a career in the field of social neuroscience. Instead, Jane Doe found herself in a place in which a highly sexualized environment was normalized and women, including herself, were systematically gaslighted. The pressure to drink and stay out late to receive mentorship served as a devastating trigger to Jane Doe, who had previously suffered from depression and had experienced trauma earlier in her life. Because of her experiences at Dartmouth, she lost her motivation, excitement, and passion for her work and became extremely withdrawn, cutting off communication with her family and closest friends. H. Jane Doe 2\u2019s Factual Allegations Jane Doe 2 was an undergraduate student at Dartmouth from 2008 until 2012. She worked as an undergraduate research assistant in Heatherton\u2019s lab for the majority of the Summer 2010 through Spring 2012 terms. Heatherton and Whalen served as her honors thesis advisors from fall 2011 through spring 2012, and Whalen served as her neuroscience minor advisor. After graduating, Jane Doe 2 worked as a Research Assistant in Heatherton\u2019s lab from fall 2012 through spring 2013. Jane Doe 2 took a class with Whalen during her sophomore year of college in 2009. As the class progressed, Whalen began to act flirtatiously towards Jane Doe 2. After Jane Doe 2 decided to pursue a major in psychology and a minor in neuroscience, she approached Whalen about doing research in the Department. In response, Whalen presented her with three possible options: she could work with him, Heatherton, or Kelley. Jane Doe 2 began working in Heatherton\u2019s lab as an undergraduate research assistant in the summer of 2010. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 57 of 85 58 As an undergraduate student, Jane Doe 2 experienced and observed an extreme amount of pressure to participate in the Department\u2019s drinking culture. Jane Doe 2 was frequently served alcohol during lab functions both on and off Dartmouth premises. On Fridays, Heatherton and Kelley occasionally hosted a meeting dubbed \u201cBill and Todd\u2019s Excellent Adventures\u201d that inevitably revolved around drinking rather than research. Kelley and Whalen frequently made sexual comments about Jane Doe 2 and other women. Whalen discussed Jane Doe 2\u2019s body in a sexual manner, while Kelley asked Jane Doe 2 personal and invasive questions about her romantic relationship. Both professors discussed their own sexual preferences in Jane Doe 2\u2019s presence. In the Spring 2012 term, Dartmouth organized a celebratory dinner for the undergraduate students who had completed their honors thesis that year. After the dinner, the students were escorted to a bar by the Department\u2019s faculty members in attendance. While at the bar, the students were encouraged to drink heavily, with Whalen buying several rounds of drinks for Jane Doe 2. Upon information and belief, the Department paid for these drinks. Once at the bar, surrounded by Dartmouth faculty members and students, Whalen held Jane Doe 2\u2019s hand and kissed her cheek, telling her that he loved her. Whalen told Jane Doe 2 that he had big plans for the two of them and would strive to make sure his and Heatherton\u2019s lab were integrated in the upcoming year. Jane Doe 2 was uncomfortable with Whalen\u2019s behavior because they were in plain view of Dartmouth faculty members. In November 2012, Whalen sexually assaulted Jane Doe 2 and had nonconsensual sex with her. After drinking at a bar, Whalen accompanied Jane Doe 2 and several graduate students to a movie, where he supplied them with containers of whiskey. When the movie was over, they went to a different bar. Whalen then offered to drive Jane Doe 2 home to the apartment Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 58 of 85 59 where she was staying. By then, Jane Doe 2 was intoxicated to the point of losing her memory. Jane Doe 2 regained consciousness to find Whalen kissing her in front of her apartment. Mortified and uncomfortable, Jane Doe 2 stopped Whalen and told him that she needed to go inside her apartment. Whalen insisted on following Jane Doe 2 inside, ignoring her when she instructed him to leave. Once inside the apartment, Whalen initiated sexual activity with her. Jane Doe 2 asked Whalen to leave her house, telling him that she was going to be sick from alcohol. Whalen did not leave her apartment, claiming that he needed to \u201chelp her get into bed\u201d and undressing her. At one point, Whalen told her: \u201cDon\u2019t worry, we\u2019re not going to have sex.\u201d Jane Doe 2 replied, \u201cof course not can\u2019t even walk.\u201d Whalen nonetheless forced himself on Jane Doe 2 and engaged in nonconsensual intercourse with her. In the following months after sexually assaulting Jane Doe 2, Whalen repeatedly demanded to know if she had told anyone and warned her that he would \u201close everything\u201d if she told anyone. During the 2012-2013 academic year, Jane Doe 2 worked as a graduate Research Assistant in Heatherton\u2019s lab. Throughout this time, Whalen continued to initiate sexual activity with Jane Doe 2 on several different occasions, often in an aggressive manner that made Jane Doe 2 feel unsafe. On one occasion in approximately April 2013, Whalen initiated sexual activity with Jane Doe 2 in his office on Dartmouth premises and choked her to the point that she feared for her safety Dartmouth security guard walked in soon after. Beginning after she was first sexually assaulted by Whalen and continuing through the end of her employment, Whalen periodically interrogated Jane Doe 2 and demanded to know Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 59 of 85 60 if she had told anyone about their sexual encounters, reminding her that, if she told anyone, it would \u201cdestroy\u201d his family, his career, and his life. While at a conference in San Francisco in approximately April 2013, Whalen groped Jane Doe 2 under the table in front of Heatherton, for whom she worked, and Ms. Courtney. After dinner, Heatherton accompanied Jane Doe 2 and the graduate students to a bar. While walking with Jane Doe 2 to the bar, Heatherton alluded to an inappropriate relationship between her and Whalen. Jane Doe 2 told Heatherton that she felt Whalen was dangerous and should not be trusted nor allowed around young women. In response, Heatherton expressed feelings of jealousy regarding Whalen\u2019s behavior. Later, Heatherton approached Jane Doe 2 in the bar and implied that he was struggling with his own feelings towards her and wasn\u2019t sure whether they were paternal or something more. Jane Doe 2 had confided in Heatherton hoping that he would protect her from Whalen; instead, Heatherton expressed jealousy over Whalen\u2019s conduct and made sexual advances of his own towards Jane Doe 2. Whalen invited Jane Doe 2 to a baseball game during her final week working in the lab. Near or on Jane Doe 2\u2019s last day of work, Whalen told her, \u201cyou\u2019re not going to tell anybody, right? We\u2019re good, right?\u201d Whalen then promised to write Jane Doe 2 a glowing recommendation letter. Jane Doe 2 felt, as she had before, that Whalen was attempting to coerce her into silence. Jane Doe 2 continued to experience pressure to drink and socialize while working as a graduate Research Assistant in Heatherton\u2019s lab, often to the detriment of her own professional advancement. For example, in April 2013, Jane Doe 2 traveled to San Francisco to attend a conference with Heatherton, Whalen, and several graduate students. Heatherton and Whalen both left the event early to go drink at bars. Whalen encouraged the graduate students to join them at the bar rather than attending the conference. On another occasion, Jane Doe 2 became so Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 60 of 85 61 intoxicated at a lab meeting followed by a bar outing that she called her boyfriend to come pick her up. When her boyfriend arrived, Kelley told him that Jane Doe 2 just needed a bit of \u201ccocaine and red bull\u201d and she would be fine. In October 2017, Jane Doe 2 was contacted by Investigator Davis and asked if she would provide information. Investigator Davis initially promised Jane Doe 2 that everything discussed would remain strictly confidential. However, when Jane Doe 2 asked if she would still be guaranteed confidentiality if she revealed illegal behavior by any of the accused professors, Investigator Davis backtracked and told Jane Doe 2 that it was possible any incriminating information she provided may not remain confidential. Jane Doe 2 was left with the impression that Investigator Davis initially believed that she would defend Heatherton, Whalen, and Kelley against the allegations. When Jane Doe 2 made it clear that she would not, the tone of the conversation changed\u2014as did Investigator Davis\u2019s promises of confidentiality. Investigator Davis told Jane Doe 2 that Heatherton, Whalen, and Kelley had all been instructed that they were not to contact anyone involved in the investigation. An interview with Investigator Davis was scheduled to take place on October 25, 2017, but Jane Doe 2 contacted Investigator Davis the day before the interview and asked to postpone due to scheduling conflicts. Jane Doe 2\u2019s interview was rescheduled for the following week. On October 27, 2017, Heatherton emailed Jane Doe 2 and asked whether he had the most accessible email address for her. Because Jane Doe 2 had been assured that Heatherton had been instructed not to contact anyone involved in the investigation, she was very disturbed to receive his email. Moreover, the suspicious timing of Heatherton\u2019s email\u2014which she received Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 61 of 85 62 days after postponing her Title interview\u2014made Jane Doe 2 question the confidentiality of the Title process. As a result, Jane Doe 2 declined to move forward with a Title interview. Not until the Complaint (Dkt. 1) was first filed on November 15, 2018, did Jane Doe 2 become aware of Dartmouth\u2019s knowledge, deliberate indifference, and pervasive failure to respond to repeated instances of sexual misconduct in the Department. When Jane Doe 2 read the Complaint and ensuing media coverage, she was shocked to learn that Dartmouth had known about these professors\u2019 inappropriate conduct for over a decade\u2014well before Jane Doe 2 was sexually assaulted\u2014but allowed their behavior to continue unabated as they worked with young female students. Prior to the filing of this lawsuit on November 15, 2018, Dartmouth actively concealed its own misconduct, and as a result, Jane Doe 2 was unaware, nor with reasonable diligence could have been aware, of Dartmouth\u2019s causal connection to the sexual assault, sexual harassment, discrimination, and hostile environment to which she was subjected. For over a decade, Dartmouth held Heatherton, Whalen, and Kelley out as esteemed professors in good standing and ignored credible reports of their serial sexual misconduct. Dartmouth then concealed the existence of the Title investigation and did not release any information publicly nor to students in the Department. While Dartmouth continued cloaking its misconduct, Jane Doe 2 had no reason to suspect that Dartmouth knowingly and deliberately failed to prevent the sexual misconduct inflicted by the professors. Investigator Davis seemingly made no effort to address Dartmouth\u2019s prior knowledge of the professors\u2019 conduct or its role in fostering the continuing harassment. Even after the investigation was leaked to the media, Dartmouth did not release any details about the allegations. Because Dartmouth actively concealed this information from the general public, Jane Doe 2 could not, with reasonable diligence, have learned Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 62 of 85 63 this information independently. She discovered this information only when the initial Complaint was filed on November 15, 2018. Attending Dartmouth was Jane Doe 2\u2019s dream. Dartmouth\u2019s prestigious reputation represented a path to professional success and an escape from poverty for Jane Doe 2. Combined, the sexual assault, discrimination, and toxic environment Jane Doe 2 was subjected to at Dartmouth had a lasting effect on her mental and physical health. Jane Doe 2 experienced extreme depression and was consumed by suicidal thoughts, prompting her to seek counseling. She became socially isolated and withdrawn, distancing herself from her friends and family, and experienced physical symptoms such as insomnia, loss of appetite, nausea, amenorrhea, and hypervigilance. Although Jane Doe 2 planned to study neuroscience or clinical psychology, her experiences at Dartmouth caused her to leave the field altogether. I. Jane Doe 3\u2019s Factual Allegations Jane Doe 3 attended Dartmouth from 2003 until 2009 as a graduate student and post-doctoral fellow. She worked in Heatherton\u2019s and Kelley\u2019s labs. While at Dartmouth, Jane Doe 3 was an active member of numerous graduate committees, served as a teaching assistant and was often invited to guest lecture in other courses, and won awards and scholarships for her academic and work performance. She has a strong publication record and has routinely given talks and presentations at academic conferences across the country. When Jane Doe 3 enrolled at Dartmouth, she was initially working in another professor\u2019s lab. Almost immediately, Kelley began to display an inappropriate interest in Jane Doe 3, acting flirtatiously and initiating sexual conversations with her. Kelley then began encouraging Jane Doe 3 to switch into his lab and work under him. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 63 of 85 64 In November 2003, Kelley encouraged Jane Doe 3 to attend a conference with him and several other graduate students in New Orleans. Kelley ultimately paid for Jane Doe 3\u2019s travel expenses to attend the conference, even though she was not a member of his lab. At the conference, Kelley invited the graduate students, including Jane Doe 3, to several bars and nightclubs. He continuously bought drinks for Jane Doe 3 until she was intoxicated to the point of slipping in and out of consciousness. He then began asking Jane Doe 3 intrusive sexual questions in front of the graduate students, such as demanding to know who she would rather have sex with between various Dartmouth students and faculty members, proposing himself as a sexual partner. Kelley then separated Jane Doe 3 from the group and led her back to his hotel and initiated sexual activity with her for the first time. Jane Doe 3\u2019s transfer to Kelley\u2019s lab was finalized approximately two weeks later. After Jane Doe 3 began officially working in Kelley\u2019s lab, he coerced her into an ongoing sexual relationship with him. From the outset, Kelley made it clear that he regarded her as a sexual object rather than a scientist. Kelley told her that she was \u201ctoo pretty to be smart\u201d and was only at Dartmouth because of her good looks. He confided that he found it gratifying that he was the one who \u201cgot to have\u201d her when other faculty members in the Department sexually desired her. He encouraged her to outwardly flirt with other faculty members as well as the Department to secure additional resources for his lab. After Kelley \u201cpranked\u201d the undergraduate students by telling them that Whalen had suffered a \u201cbotched penis circumcision,\u201d he encouraged Jane Doe 3 to confirm the truth of the story by falsely telling undergraduate students that she had been sexually involved with Whalen. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 64 of 85 65 Other faculty in the Department similarly objectified Jane Doe 3. Kelley told Jane Doe 3 that Heatherton had been fixated on her physical appearance during her interview and hoped that her shirt buttons might open. As a result of Heatherton sharing this story, male faculty members in the Department referred to Jane Doe 3 by a demeaning and sexual nickname. Kelley often showed little interest in Jane Doe 3\u2019s work, neglecting her research and delaying her qualifying examinations because he did not want to \u201cdraw attention\u201d to their relationship. Yet when Jane Doe 3 pointed out the detrimental effect his behavior had on her career and attempted to maintain a professional relationship, Kelley claimed that she was receiving certain special privileges by virtue of their sexual relationship that she would no longer be given. Kelley, Whalen, and Heatherton all made demeaning and sexual comments about women in their labs. Whalen and Kelley competed over who had the \u201chottest\u201d lab. Kelley rated the sexual desirability of women in the Department\u2014including graduate students, undergraduate students, and faculty\u2014in front of Jane Doe 3 and other lab members. Whalen told Jane Doe 3 that he was very attracted to undergraduate students in his lab. Kelley suggested that female students who attended his office hours were sexually interested in him and remarked that he loved teaching in a particular lecture hall because he could easily look up students\u2019 skirts or dresses during class. Jane Doe 3, like other women in the Department, felt that her professional success was contingent on her willingness to drink and socialize with Kelley, Whalen, and Heatherton. The three professors bought and refilled Jane Doe 3\u2019s drinks, often against her wishes. Kelley publicly ridiculed female students who did not partake in this drinking culture. When Jane Doe 3 needed Kelley to review a paper or discuss a research matter, he would often condition his assistance on her meeting him at a bar to drink. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 65 of 85 66 On many occasions, Jane Doe 3 attempted to end the sexual aspects of their relationship, as she felt it was detrimental to her career and her advancement as a scientist. Each time, Kelley retaliated by refusing to provide her with academic support and neglecting her professionally. When Jane Doe 3 was able to permanently end her sexual relationship with Kelley in the summer of 2007, he responded by threatening her professional career. Kelley told her: \u201cGood luck getting your Ph.D. now.\u201d In order to complete her dissertation work, Jane Doe 3 continued working in Kelley\u2019s lab for an additional year after ending their sexual relationship. She was then required to interact with Kelley on a regular basis when she worked as a post-doctoral fellow in Heatherton\u2019s lab. Over the course of these two years, Kelley continued to act flirtatiously and make sexual advances towards her. When she rejected his advances, he reacted negatively and ignored her work. In retaliation for ending their sexual relationship, Kelley also gave data that she had collected to another student. He removed Jane Doe 3 from an ongoing research project and continued to deny her access to data and research projects after she left Dartmouth in 2009. Around the early fall of 2017, Kelley called Jane Doe 3 to inform her of the Title investigation and warn her that she may be contacted to provide information. Kelley asked Jane Doe 3 to tell Dartmouth that they had a consensual relationship that did not begin until she graduated and was no longer working in his lab. When Jane Doe 3 told Kelley that she would not lie, he said that it would be \u201cbest\u201d if she refused to speak with anyone from Dartmouth about the investigation. In October 2017, Chair Bucci contacted Jane Doe 3 and informed her of the Title investigation. Chair Bucci explained that he wanted to speak with Jane Doe 3 directly before Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 66 of 85 67 she was contacted by the investigator. Chair Bucci also acknowledged that he had always been aware of \u201crumors\u201d concerning Jane Doe 3\u2019s relationship with Kelley. Investigator Davis contacted Jane Doe 3 shortly thereafter and asked to speak via videoconference. Jane Doe 3 ultimately declined to provide information, fearing retaliation by the three powerful professors who still controlled certain aspects of her career. Not until the Complaint (Dkt. 1) was first filed on November 15, 2018, did Jane Doe 3 become aware of Dartmouth\u2019s knowledge, deliberate indifference, and pervasive failure to respond to repeated instances of sexual misconduct in the Department. When Jane Doe 3 read the Complaint and ensuing media coverage, she was shocked to learn that Dartmouth had known about Kelley\u2019s inappropriate conduct towards her and yet took no action to protect her or curb Kelley\u2019s behavior. Jane Doe 3 was likewise shocked to learn that Dartmouth had known about all three professors\u2019 inappropriate conduct for over a decade but allowed their behavior to continue unabated as they worked with young female students. Prior to the filing of this lawsuit on November 15, 2018, Dartmouth actively concealed its own misconduct, and as a result, Jane Doe 3 was unaware, nor with reasonable diligence could have been aware, of Dartmouth\u2019s causal connection to the sexual assault, sexual harassment, discrimination, and hostile environment to which she was subjected. For over a decade, Dartmouth held Heatherton, Whalen, and Kelley out as esteemed professors in good standing and ignored credible reports of their serial sexual misconduct. Dartmouth then concealed the existence of the Title investigation and did not release any information publicly nor to students in the Department. While Dartmouth continued cloaking its misconduct, Jane Doe 3 had no reason to suspect that Dartmouth knowingly and deliberately failed to prevent the sexual misconduct inflicted by the professors. Investigator Davis seemingly made Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 67 of 85 68 no effort to address Dartmouth\u2019s prior knowledge of the professors\u2019 conduct or its role in fostering the continuing harassment. Even after the investigation was leaked to the media, Dartmouth did not release any details about the allegations. Because Dartmouth actively concealed this information from the general public, Jane Doe 3 could not, with reasonable diligence, have learned this information independently. She discovered this information only when the initial Complaint was filed on November 15, 2018. Jane Doe 3 was drawn to Dartmouth because of its academic reputation and the prestige of the Department. She came to Dartmouth as an enthusiastic and ambitious young scientist but was quickly demoralized by the environment and treatment she experienced. Jane Doe 3 was made to feel as though she had little academic worth and was viewed only as a sexual object. At Kelley\u2019s behest, she withdrew from her family and friends and became socially isolated from her peers. As a result of the sexual harassment, discrimination, and toxic environment she was subjected to, Jane Doe 3 became depressed, anxious, and demoralized. She ultimately transitioned to a different area of research to distance herself from Kelley, Heatherton, and Whalen Plaintiffs and Class Representatives re-allege and incorporate by reference each and every allegation in the Complaint as though fully set forth herein. Plaintiffs and Class Representatives sue on behalf of themselves individually and on behalf of three classes of similarly-situated individuals pursuant to Federal Rules of Civil Procedure 23(b)(2) and (b)(3). Dartmouth tolerates and cultivates a gender discriminatory and sexually hostile environment for female students in the Department. Dartmouth has failed to respond adequately or appropriately to evidence and complaints of gender discrimination, sexual harassment, and Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 68 of 85 69 hostile environment in the Department. The College has failed to create adequate procedures to ensure its employees comply with anti-discrimination laws and has failed to adequately discipline its employees when they violate anti-discrimination laws. Dartmouth knew or should have known that, because of its actions and inactions, female students have been subjected to a sexually hostile environment that has been sufficiently severe, pervasive, and objectively offensive to interfere with their educational opportunities, undermining and detracting from their school experience. Dartmouth\u2019s policies, practices, and procedures for investigating and responding to student complaints of gender discrimination, sexual harassment and hostile environment have an ongoing disparate impact on female students. A. Rule 23 Class Definition Plaintiffs and Class Representatives seek to bring this action under Rule 23 on behalf of every current and former female graduate and undergraduate student who has matriculated or will matriculate at Dartmouth in the Department of Psychological and Brain Sciences between March 31, 2015, and the date of judgment. Plaintiffs reserve the right to modify this Class definition and Class period. B. Efficiency of Class Prosecution of Class Claims Certification of the proposed class is the most efficient and economical means of resolving the questions of law and fact that are common to the claims of the Plaintiffs and the Class. Plaintiffs\u2019 individual claims, as Class Representatives, require resolution of the common questions concerning whether Dartmouth has subjected its female students in the Department to a sexually hostile environment that is sufficiently severe, pervasive, and objectively offensive to interfere with their educational opportunities, undermining and detracting from their Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 69 of 85 70 school experience. The Class Representatives seek remedies to eliminate the adverse effects of such discrimination in their own lives and working conditions, and the working conditions of the class members, and to prevent Dartmouth\u2019s continued gender discrimination. The Class Representatives have standing to seek such relief because of the adverse effect that such discrimination has had on them individually and on female students in the Department generally. Dartmouth caused Plaintiffs\u2019 injuries through its discriminatory practices, policies, and procedures and failure to remedy or correct such discrimination. These injuries are redressable through systemic relief, such as equitable and injunctive relief and other remedies sought in this action. Plaintiffs have a personal interest in the policies, practices, and procedures implemented at Dartmouth. To obtain relief for themselves and the class members, the Class Representatives will first establish the existence of systemic gender discrimination and hostile work environment as the premise for the relief they seek. Without class certification, the same evidence and issues would be subject to re-litigation in a multitude of individual lawsuits with an attendant risk of inconsistent adjudications and conflicting obligations. Certification of the proposed class is the most reasonable and efficient means of presenting the evidence and arguments necessary to resolve such questions for the Class Representatives and the class members. C. Numerosity and Impracticability of Joinder The Class that the Class Representatives seek to represent is too numerous to make joinder practicable. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 70 of 85 71 Upon information and belief, the proposed class consists of more than 40 current and former female students during the liability period. The exact size of the Class and the identities of the individual members are ascertainable through records maintained by Dartmouth. D. Common Questions of Law and Fact Prosecuting Class Representatives\u2019 claims will require the adjudication of numerous questions of law and fact common to their claims and those of the Class they seek to represent. Common questions of law and fact predominate, and include, but are not limited to, the following: (i) whether Dartmouth has engaged in unlawful, systemic sex discrimination and facilitated a hostile educational environment that violates Title IX; (ii) whether Dartmouth has violated the Title and other legal rights of its female students by failing to adequately prevent, investigate, or respond with appropriate corrective action to evidence and complaints of discrimination in the educational environment; (iii) whether Dartmouth is liable for continuing systemic violations of Title IX; (iv) whether the harassment permitted and facilitated by Dartmouth interfered with the work or educational opportunities normally available to students; (v) whether an \u201cappropriate person\u201d had knowledge of the sexual harassment and hostile environment, including such knowledge of facts that would reasonably indicate substantial risk to any female students, and failed to adequately respond; (vi) whether Dartmouth acted with deliberate indifference to the notice of harassment; (vii) whether Dartmouth owed Plaintiffs and the proposed class members a fiduciary duty; (viii) whether Dartmouth breached its fiduciary duty by tolerating, condoning, ratifying, and/or engaging in the hostile environment, sexual harassment, gender discrimination, and/or retaliation, and failing to take remedial action; (ix) whether Dartmouth Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 71 of 85 72 knew or should have known that its breach of fiduciary duty resulted in the sexual harassment and hostile environment to which Plaintiffs and members of the proposed class were subjected. E. Typicality of Claims and Relief Sought Each Class Representative is a member of the Class she seeks to represent. The Class Representatives\u2019 claims are typical of the claims of the proposed class. The Class Representatives possess and assert each of the claims they assert on behalf of the proposed class. They pursue the same factual and legal theories and seek similar relief. Like members of the proposed class, the Class Representatives are current and former female graduate or undergraduate students who matriculated in the Department at Dartmouth during the liability period. The acts and omissions to which Defendants subjected the Class Representatives and the Class applied universally within the Class and were not unique to any Class Representative or Class Member. Dartmouth has failed to respond adequately or appropriately to evidence and complaints of sexual harassment and hostile environment in the Department. Dartmouth has failed to create adequate procedures to ensure its employees comply with anti-discrimination laws and has failed to adequately discipline its employees when they violate anti-discrimination laws. The Class Representatives and proposed class members have been affected in the same or similar ways by Dartmouth\u2019s failure to implement adequate procedures to detect, monitor, and correct this pattern and practice of discrimination and sexually hostile environment. The relief necessary to remedy the claims of the Class Representatives is the same as that necessary to remedy the claims of the proposed class members. The Class Representatives seek the following relief for their individual claims and on behalf of the members of the proposed Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 72 of 85 73 class: (i) a declaratory judgment that Dartmouth\u2019s policies, practices and/or procedures challenged herein are illegal and in violation of the rights of Class Representatives and class members under, inter alia, Title and the applicable New Hampshire state laws; (ii) a permanent injunction against Dartmouth and its partners, officers, owners, agents, successors, employees and/or representatives, and any and all persons acting in concert with them, from engaging in any further unlawful practices, policies, customs, and usages as set forth herein; (iii) an Order requiring Defendants to initiate and implement programs and policies that (a) remedy the gender discrimination, sexual harassment, and hostile environment at Dartmouth; (b) ensure prompt remedial action regarding all claims of gender discrimination, sexual harassment and hostile environment; and (c) eliminate the continuing effects of the discriminatory and retaliatory practices described herein; (iv) an award of damages to Plaintiffs and the Class under Title of the Education Amendments of 1972 and common law, including compensatory damages and enhanced compensatory damages and/or punitive damages to deter Dartmouth from engaging in similar discriminatory practices in the future; and (v) an award of litigation costs and expenses, including reasonable attorneys\u2019 fees. F. Adequacy of Representation The Class Representatives are adequate representatives of the proposed class. The Class Representatives\u2019 interests are coextensive with those of the members of the proposed class that they seek to represent in this case. The Class Representatives seek to remedy Dartmouth\u2019s hostile environment so female students will not suffer differential treatment, depriving them of educational opportunities and resources. The Class Representatives are willing and able to represent the proposed class fairly and vigorously as they pursue their similar individual claims in this action. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 73 of 85 74 The Class Representatives have retained counsel sufficiently qualified, experienced, and able to conduct this litigation and to meet the time and fiscal demands required to litigate a class action of this size and complexity. The combined interests, experiences, and resources of the Class Representatives and their counsel to litigate competently the individual and class claims at issue in this case clearly satisfy the adequacy of representation requirement of Rule 23(a)(4). G. Requirements of Rule 23(b)(2) Dartmouth has acted or refused to act on grounds generally applicable to the Class Representatives and the proposed class by facilitating a hostile environment and failing to adequately prevent, investigate, or respond with appropriate corrective action to evidence and complaints of hostile environment, sexual harassment, and retaliation by faculty and administrators. Dartmouth\u2019s systemic discrimination and refusals to act on nondiscriminatory grounds justify the requested injunctive and declaratory relief for the Class as a whole. Injunctive, declaratory, and affirmative relief are a predominant form of relief sought in this case. Entitlement to declaratory, injunctive, and affirmative relief flows directly and automatically from proof of the College\u2019s systemic sex discrimination. In turn, entitlement to declaratory, injunctive, and affirmative relief forms the factual and legal predicate for recovery by the Class Representatives and class members of monetary and non-monetary remedies for individual losses caused by the systemic discrimination, as well as their recovery of compensatory and punitive damages. H. Requirements of Rule 23(b)(3) The common issues of fact and law affecting the claims of the Class Representatives and proposed class members\u2014including, but not limited to, the common issues Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 74 of 85 75 identified above\u2014predominate over any issues affecting only individual claims. The common issues include whether Dartmouth has engaged in sex discrimination against female students by facilitating a hostile environment and failing to appropriately handle evidence and complaints of harassment class action is superior to other available means for fairly and efficiently adjudicating the claims of the Class Representatives and members of the proposed class. The cost of proving Dartmouth\u2019s hostile academic environment for female students also makes it impracticable for the Class Representatives and class members to pursue their claims individually. The hostile academic environment at Dartmouth makes the Class Representatives and class members eligible for monetary remedies for losses caused by this systemic discrimination, including back pay, front pay, compensatory damages, and other relief. Additionally, or in the alternative, the Court may grant \u201cpartial\u201d or \u201cissue\u201d certification under Rule 23(c)(4). Resolution of common questions of fact and law would materially advance the litigation for all class members 1972 (On Behalf of All Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of the Plaintiffs and Class Representatives and all members of the proposed class. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 75 of 85 76 Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Dartmouth has subjected Plaintiffs, Class Representatives and the members of the proposed class to a sexually hostile educational environment in violation of Title IX. Dartmouth has discriminated against Plaintiffs, Class Representatives and all members of the proposed class by subjecting them to a sexually hostile environment that was sufficiently severe, pervasive, and objectively offensive to interfere with the Plaintiffs\u2019 and the proposed class members\u2019 educational opportunities, undermining and detracting from their school experience. Because of Dartmouth\u2019s failure to implement adequate procedures to detect, monitor, and correct this discrimination and hostile environment, Dartmouth has denied Plaintiffs and members of the proposed class their personal right to work and learn in an environment free of sexual harassment. Dartmouth was on actual notice of the sexual harassment committed by the Department\u2019s professors and the hostile academic environment that the Plaintiffs and class members endured at Dartmouth during the relevant timeframe. Dartmouth has demonstrated deliberate indifference by tolerating, condoning, ratifying, and/or engaging in the hostile work and educational environment and failing to take remedial action. Because of Dartmouth\u2019s unlawful conduct, Plaintiffs and the proposed class members have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 76 of 85 77 By reason of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs and the proposed class members are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs and the proposed class members are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, injunctive relief, attorneys\u2019 fees and costs, and other appropriate relief 1972 U.S.C. \u00a7 1681 et seq. (On Behalf of Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of the Plaintiffs and Class Representatives and all members of the proposed class. Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Dartmouth has discriminated against Plaintiffs, Class Representatives and all members of the proposed class by subjecting them to different treatment on the basis of their gender. Plaintiffs and members of the proposed class were treated differently and less favorably than similar-situated male students. Dartmouth subjected Plaintiffs and members of the proposed class to disparate terms and conditions of education in violation of Title IX. Dartmouth\u2019s differential treatment of Plaintiffs and members of the proposed class is a direct and proximate result of gender discrimination. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 77 of 85 78 Dartmouth has failed to prevent, respond to, adequately investigate, and/or appropriately resolve instances of gender discrimination. Dartmouth had actual notice of this discrimination and failed to adequately respond, both before and after the discrimination against Plaintiffs and members of the proposed class occurred, amounting to deliberate indifference. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs and members of the proposed class have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs and members of the proposed class are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs and the proposed class are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, attorneys\u2019 fees and costs, and other appropriate relief (On Behalf of All Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of the Plaintiffs and Class Representatives and all members of the proposed class. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 78 of 85 79 Plaintiffs, Class Representatives and the proposed class members are or were enrolled at Dartmouth as undergraduate and/or graduate students in the Department during the liability period. Dartmouth, a New Hampshire post-secondary educational institution, has a fiduciary relationship with the Plaintiffs and the members of the proposed class. Plaintiffs and the proposed class were or are dependent on Dartmouth for their education, and Dartmouth owed them a duty to act in good faith and with due regard for their interests. Dartmouth thus owed Plaintiffs and the proposed class a fiduciary duty to create an environment in which they could pursue their education free from sexual harassment by faculty members. Dartmouth breached the fiduciary duty it owed to Plaintiffs, Class Representatives and the proposed class by tolerating, condoning, ratifying, and/or engaging in the hostile environment, sexual harassment, gender discrimination, and/or retaliation, and failing to take remedial action. Dartmouth failed to adopt and enforce practices and grievance procedures to effectively respond to faculty misconduct that would minimize the danger Plaintiffs and the proposed class would be exposed to sexual harassment by faculty members. Dartmouth failed to act in good faith and with due regard for the interests of Plaintiffs and members of the proposed class, who entrusted Dartmouth with their confidence. Dartmouth knew or should have known that it fostered a hostile academic environment that enabled Heatherton, Kelley, and Whalen to sexually harass Plaintiffs and members of the proposed class. Dartmouth knew that Heatherton, Kelley, and Whalen had a propensity for sexually harassing female students. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 79 of 85 80 The faculty and members of administration responsible for the sexual harassment and hostile environment in the Department were or are employed by Dartmouth and had supervisory authority over the Plaintiffs and proposed class members. Dartmouth\u2019s conduct was wanton, malicious, outrageous, and conducted with full knowledge of the law. Dartmouth exhibited reckless indifference to the foreseeable risks of harm. Because of Dartmouth\u2019s breach of its fiduciary duty owed to Plaintiffs and members of the proposed class, Plaintiffs and members of the proposed class have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Plaintiffs and members of the proposed class have suffered and continue to suffer damages and injuries for which Dartmouth is liable under state law (On Behalf of Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. Dartmouth owed Plaintiffs, Class Representatives and members of the proposed class a duty of care to protect them from sexual harassment, which was unwarranted, unwanted and improper. Dartmouth breached its duty in its training, supervision and retention of Kelley, Whalen, and Heatherton, employees that Dartmouth knew, or in the exercise of reasonable care should have known, were unfit to work with and supervise young, female students. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 80 of 85 81 As a direct and proximate result of Dartmouth\u2019s breach of its duty, Plaintiffs and members of the proposed class were subjected to sexual harassment by Kelley, Whalen, and Heatherton. Plaintiffs, Class Representatives and members of the proposed class suffered damages and injuries for which Dartmouth is liable under state law 1972 20 U.S.C. \u00a7 1681 et seq. (On Behalf of All Plaintiffs) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of all Plaintiffs. Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Dartmouth has discriminated against Plaintiffs by creating and maintaining a hostile educational environment in violation of Title IX. The hostile environment endured by the Plaintiffs was sufficiently severe, pervasive, and objectively offensive to interfere with the Plaintiffs\u2019 educational opportunities, undermining and detracting from their school experience. Plaintiffs were subjected to unwelcome quid pro quo sexual harassment based on their sex. They were subjected to unwelcome sexual conduct, including sexual comments, unwanted sexual advances, and unwanted touching. Plaintiffs were expected to submit to this unwelcome sexual conduct in exchange for favorable academic treatment, including mentoring time, research assistance, grades, and other academic opportunities. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 81 of 85 82 Dartmouth had actual notice of this conduct by Heatherton, Kelley, and Whalen, and was deliberately indifferent to this harassment, both before and after the harassment of Plaintiffs occurred. Such deliberate indifference places Plaintiffs and other students at risk of sexual harassment. By reason of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. By reason of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, attorneys\u2019 fees and costs, and other appropriate relief 1972 20 U.S.C. \u00a7 1681 et seq. (On Behalf of Plaintiffs Chauhan, Brietzke, Brown, Evans, and Doe) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of Plaintiffs Chauhan, Brietzke, Brown, Evans, and Doe. Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 82 of 85 83 Plaintiffs Chauhan, Brietzke, Brown, Evans, and Doe engaged in protected activity by participating in the Title complaint and investigation. Dartmouth knew that these Plaintiffs engaged in this protected activity and subsequently undertook actions disadvantageous to them, including denying reasonable accommodations, expulsion, unwarranted grades of \u201cfail,\u201d and convening a meeting of all students in the Department to publicly denounce the victims of the investigation retaliatory animus substantially motivated Dartmouth to take these adverse actions. Dartmouth\u2019s differential treatment of these Plaintiffs is a direct and proximate result of the protected activity they undertook. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, attorneys\u2019 fees and costs, and other appropriate relief WHEREFORE, Plaintiffs and Class Representatives, on their own behalf and on behalf of the proposed class, pray that this Court grant the following relief: A. Certification of this case as a class action under Federal Rule of Civil Procedure 23 on behalf of the proposed Plaintiff Class, designation of the proposed Class Representatives as representatives of this Class, and designation of Plaintiffs\u2019 counsel of record as Class Counsel; Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 83 of 85 84 declaratory judgment that Dartmouth\u2019s policies, practices and/or procedures challenged herein are illegal and in violation of the rights of Class Representatives and class members under, inter alia, Title and the applicable New Hampshire state laws permanent injunction against Dartmouth and its officers, owners, agents, successors, employees and/or representatives, and any and all persons acting in concert with them, from engaging in any further unlawful practices, policies, customs, and usages as set forth herein; D. An Order requiring Defendants to initiate and implement programs and policies that (i) remedy the gender discrimination, sexual harassment, and hostile environment at Dartmouth; (ii) ensure prompt remedial action regarding all claims of gender discrimination, sexual harassment and hostile environment; and (iii) eliminate the continuing effects of the discriminatory and retaliatory practices described herein; E. An award of damages to Plaintiffs and the Class under Title of the Education Amendments of 1972 and common law, including compensatory damages and punitive damages, in an amount not less than $70,000,000; F. An award of litigation costs and expenses, including reasonable attorneys\u2019 fees to the Plaintiffs; G. An award of pre-judgment interest and post-judgment interest available under law; and H. Such additional and further relief as this Court may deem just and proper Plaintiffs demand a trial by jury on all issues triable of right by jury. Dated: May 1, 2019 Respectfully submitted, Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 84 of 85 85 /s/ Deborah K. Marcuse Deborah K. Marcuse (admitted pro hac vice) Steven J. Kelley (admitted pro hac vice) Austin L. Webbert (admitted pro hac vice 111 S. Calvert Street, Suite 1950 Baltimore 21202 Telephone: (410) 834-7420 Facsimile: (410) 834-7425 [email protected] [email protected] David W. Sanford (admitted pro hac vice) Nicole E. Wiitala (admitted pro hac vice 1350 Avenue of the Americas, 31st Floor New York, New York 10019 Telephone: (646) 402-5650 Facsimile: (646) 402-5651 [email protected] [email protected] -- and -- Charles G. Douglas Bar #669 & GARVEY, P.C. 14 South Street, Suite 5 Concord 03301 Telephone: (603) 224-1988 Fax: (603) 229-1988 [email protected] Attorneys for Plaintiffs and the Proposed Class Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 85 of 85", "7305_103.pdf": "2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 1/11 Lawsuit: \u2018Predatory\u2019 Dartmouth professors plied students with alcohol and raped them By Emanuella Grinberg, Augusta Anthony, Nicole Chavez and Laura Dolan 8 minute read \u00b7 Updated 3:40 EST, Fri November 16, 2018 (CNN) \u2014 Three former Dartmouth College professors turned the school\u2019s Department of Psychological and Brain Sciences into a \u201c21st Century Animal House,\u201d where female students were subjected to rape and sexual harassment, a federal lawsuit alleges d f dd th t Willi ll d l Wh l t t d See More Videos 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 2/11 Tenured professors Todd Heatherton, William Kelley, and Paul Whalen treated women as sex objects, the lawsuit from seven women claims. The men, who no longer are allowed on campus, coerced them into drinking and made the women feel as if their success depended on their willingness to go along with the \u201calcohol-saturated\u201d culture the prominent researchers created, according to the complaint. Kelley and Whalen have not responded to CNN\u2019s requests for comment. In a statement through his lawyer, Heatherton categorically denied \u201cplaying any role in creating a toxic environment at Dartmouth College,\u201d and said he was disturbed by the allegations. None of the plaintiffs were his graduate students, the statement adds Education Department withdraws Obama-era campus sexual assault guidance The lawsuit, filed Thursday, comes as universities continue to grapple with how to handle allegations of campus sexual misconduct and their obligations under Title IX, the federal law that bars discrimination based on sex, including harassment, in federally funded education programs and activities. The Department of Education in 2017 withdrew Obama administration guidance on how schools should handle sexual assault claims under Title IX, citing concerns that it denied due process rights to the accused. New guidance is expected soon. The women are suing Dartmouth\u2019s trustees for $70 million in damages, based on allegations the Ivy League school breached its duty to protect them from sexual harassment. The suit also accuses the New Hampshire institution of failing to create an environment free from gender- based discrimination, in violation of Title IX. \u201cThe seven Plaintiffs, each an exemplary female scientist at the start of her career, came to Dartmouth to contribute to a crucial and burgeoning field of academic study. Plaintiffs were instead sexually harassed and sexually assaulted by the Department\u2019s tenured professors and expected to tolerate increasing levels of sexual predation,\u201d the lawsuit states. As many as 40 current and former female students may be eligible to join the class-action suit, plaintiffs\u2019 attorneys told CNN. Three of the women are still at Dartmouth, the suit states. \u2018Inclusive campus for all members\u2019 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 3/11 Inclusive campus for all members The 72-page complaint offers the first graphic insights into allegations that first emerged publicly about a year ago with a report in The Dartmouth student newspaper. They range from one professor forcing a female student to have sex with him against her will to another professor sending a female student an unwanted photo of his erect penis, according to the lawsuit The whistleblowers: Employees claim retaliation in campus rape cases The suit alleges that women felt pressure to participate in a \u201cpredatory boys club\u201d \u2013 or risk their careers, because the men controlled resources in their labs. New Hampshire Attorney General Gordon MacDonald in October 2017 announced a joint law enforcement investigation into the claims. The investigation is \u201cactive and ongoing,\u201d a spokesperson for the office said. School officials also launched an inquiry that culminated in the resignations of Whalen and Kelley in June and July, the school said. Heatherton was on sabbatical leave during the investigation and chose to retire in June. \u201cSexual misconduct and harassment have no place at Dartmouth,\u201d the school said in a statement to CNN. \u201cDartmouth\u2019s board of trustees and senior leadership team are dedicated to maintaining a safe and inclusive campus for all members of our community and we remain committed to improving our culture as we work to make our community the best it can be.\u201d Heatherton last year addressed the claims, telling Slate he did his \u201cbest not to socialize with graduate students outside of the work setting, as the mentoring relationship should remain professional.\u201d The statement to on Thursday said Heatherton was \u201cextremely concerned about being grouped together with the other professors\u201d and pointed out that the lawsuit\u2019s allegations predominantly involved Kelley and Whalen. \u201cHe had no knowledge of the specific allegations that were made about them. He did not engage in the general patterns of conduct they are accused of,\u201d the statement says. \u201cWhile at Dartmouth, Professor Heatherton did his best to support and promote the careers of all graduate students.\u201d 16 years of inaction, plaintiffs claim The plaintiffs claim Dartmouth knew about the professors\u2019 behavior for more than 16 years and 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 4/11 The plaintiffs claim Dartmouth knew about the professors behavior for more than 16 years and did nothing. Then in 2017, at least 27 people came forward in connection with formal claims of alleged sexual assault and sexual harassment by the three men. Unnamed female graduate students, including all the women now suing Dartmouth, reported the claims to the college\u2019s Title office or attested to them, according to the suit and plaintiffs\u2019 lawyers. During the Title investigation, Dartmouth failed to provide the plaintiffs with support, accommodations or guidance, then \u201cunilaterally terminated\u201d the disciplinary process, letting Heatherton retire and Kelley and Whalen resign, without seeking their input, the lawsuit claims. In its statement, school officials said: \u201cWe applaud the courage displayed by members of our community within the Department of Psychological and Brain Sciences (PBS) who brought the misconduct allegations to Dartmouth\u2019s attention last year. And we remain open to a fair resolution of the students\u2019 claims through an alternative to the court process. \u201cHowever, we respectfully, but strongly, disagree with the characterizations of Dartmouth\u2019s actions in the complaint and will respond through our own court filings,\u201d they said. \u2018Mandatory fun\u2019 events alleged The plaintiffs were mostly graduate students in a department known for its strong reputation and its professors\u2019 credentials, the suit states. What the women found, according to the lawsuit, was a sexually hostile environment where the professors tied female students\u2019 success to their \u201cwillingness to tolerate unwanted sexual attention\u201d and engage in frequent drinking binges How to make science safer for women Some plaintiffs described the consequences of resisting the professors\u2019 unwanted behavior. Plaintiff Annemarie Brown says she felt pressured to attend what Whalen called \u201cmandatory fun\u201d events, such as pajama parties and \u201cboozy lunches\u201d on workdays. When she refused, Whalen called her a \u201cgoody two shoes\u201d and then began ignoring her academically, according to the lawsuit. The professors \u201cprided\u201d themselves on having attractive women in their labs, the lawsuit claims. Kelley and Whalen openly debated who had \u201cthe hottest lab,\u201d and the three menfi 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 5/11 routinely objectified women and commented on their appearances, according to the lawsuit. Plaintiff Sasha Brietzke said Kelley treated her like a \u201cdoll\u201d and often commented on the size of her breasts and complimented her makeup. He urged her to date his male friends \u201cwhom he instructed to flirt with Ms. Brietzke and give her hugs even after she expressed disinterest,\u201d the lawsuit says. Heatherton denied that the professors tended to hire attractive research assistants. Hiring for his lab was conducted by his female lab manager, the statement said. \u201cResearch assistants were both men and women who were selected based on their interests and skills, not on their physical appearance.\u201d He also denied regularly socializing with graduate students or attending any of the parties mentioned in the lawsuit. Lab meetings with students did not involve alcohol, the statement says. As for an allegation in the complaint that he described, in a lab meeting, smiles from women as \u201csocially rewarding,\u201d he said his words were misconstrued. He was in fact describing the Ph.D. thesis work of a male student \u201cwho found that smiles from people directed toward others activated brain regions involved in reward,\u201d the statement says don\u2019t appreciate how my description of research findings that were gender-neutral has been spun to imply hostile intent. It\u2019s just not true.\u201d \u2018Severe depressive episodes and a suicide attempt\u2019 Kelley sent plaintiff Marissa Evans electronic messages of his naked body, including his erect penis, and pictures of himself engaged in sexual encounters with others, the lawsuit says. He regularly hosted \u201chot tub parties\u201d at his house, which he dubbed \u201ctubby time,\u201d late at night after drinking at bars, according to the lawsuit. Evans grew fearful that Kelley would force her to have sex with him after he stated his intention to do so, the lawsuit says. She \u201cwas driven to severe depressive episodes and a suicide attempt,\u201d according to the lawsuit. \u201cMs. Evans\u2019s experiences at Dartmouth have had a lasting effect on her professional career and mental health. Ms. Evans will only work in research labs run by women because of her deep distrust of male employers. She was forced to withdraw from her first semester in a postbaccalaureate premedical program due to mental health reasons resulting from her time at Dartmouth,\u201d the lawsuit says. 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 6/11 \u2018She is plagued with doubts about her future\u2019 The unwanted behavior allegedly continued after some of the plaintiffs reported it to college officials in April 2017. Weeks later, plaintiff Vassiki Chauhan says Whalen raped her, according to the lawsuit. The assault occurred in Whalen\u2019s home after he pressured her to drink throughout the night, the lawsuit says. It goes on the say she strongly rejected his advances and tried to flee but he prevented her from leaving. He forced himself on her and when she asked him to use protection he refused, according to the lawsuit. After she was sexually assaulted, she sought professional counseling services at Dartmouth\u2019s health center and shared intimate thoughts about the assault, the lawsuit said. During the Title inquiry, Chauhan provided her records to the school\u2019s investigator. According to the lawsuit, she was appalled to learn later from the Title report that the investigator showed her counseling records to Whalen and his attorneys without her consent. \u201cMs. Chauhan feels so betrayed by that action that she cannot trust therapists enough to seek the treatment she knows she needs,\u201d the lawsuit claims. \u201cShe is plagued with doubts about her future prospects in academia and has lost her optimism for her well-being in personal relationships.\u201d Up next Trump\u2019s antisemitism order leaves colleges uncertain and bracing for crackdown 7 minute read Defense for Idaho quadruple murder suspect Bryan Kohberger may cite autism to try to strike death penalty option 3 minute read Supreme Court signals it will make it easier for Americans to file \u2018reverse discrimination\u2019 suits 3 minute read Pro-Palestinian student protesters clash with Barnard College staff during sit-in to protest student expulsions 4 minute read 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 7/11 kindergartner\u2019s hopes for beating cancer are tied to federal grants now on the chopping block 6 minute read Most read 1 Preliminary autopsies performed on Gene Hackman and wife find no external injuries following their \u2018suspicious\u2019 deaths 2 She graduated from high school with honors but can\u2019t read or write. 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Supreme Court signals it will make it easier for Americans to file \u2018reverse Preliminary autopsies performed on Gene Hackman and wife find no external ... She graduated from high school with honors but can\u2019t read or write. Now she\u2019s suing Elon Musk says upgrade of FAA\u2019s air traffic control system is failing and SpaceX ... Search CNN... Live Listen 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 9/11 World Politics Business Markets Health Entertainment Tech Style Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Watch Listen Games About Watch 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 10/11 Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved Sans \u2122 & \u00a9 2016 Cable News Network. 2/27/25, 7:50 Dartmouth: Lawsuit claims school enabled \u2018predatory\u2019 professors 11/11", "7305_104.pdf": "Three Dartmouth Psychology Professors Are Under Investigation for \u201cSexual Misconduct\u201d Simine Vazire says one of those men, Todd Heatherton, groped her at a conference in 2002 13, 2017 \u2022 6:27 The Dartmouth campus. Kane5197/Wikimedia Commons Three tenured professors from the psychological and brain sciences department at Dartmouth College\u2014Todd Heatherton, Bill Kelley, and Paul Whalen\u2014are targets of a criminal investigation, according to official statements from Dartmouth\u2019s president and the 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 1/10 New Hampshire attorney general on Oct. 31. The school, which has variously described the allegations as referring to \u201cserious misconduct\u201d and \u201csexual misconduct,\u201d had already launched its own internal investigation of the three men. Heatherton, Kelley, and Whalen are all on paid leave with restricted campus access, according to the statement from Dartmouth\u2019s president. Heatherton also lost his affiliation at New York University, where he had been a visiting scholar since July. Attorneys for Heatherton responded that their client \u201chas engaged in no sexual relations with any student\u201d and that he \u201cis confident that he has not violated any written policy of Dartmouth, including policies relating to sexual misconduct and sexual harassment.\u201d They also claim that the investigations into Heatherton are limited to an unspecified \u201cout-of- state matter\u201d and unrelated to the conduct of the other two professors. Kelley and Whalen have not issued any statements and did not respond to interview requests for this story public accounting of the allegations has yet to emerge. (On Friday, Dartmouth\u2019s president refuted the idea that they involved the unethical treatment of research subjects.) But Simine Vazire, a tenured professor of psychology at the University of California\u2013Davis (and one-time Slate contributor), says that several weeks before news of the criminal investigation broke, she learned from a colleague that Dartmouth was seeking information about potential sexual misconduct by its faculty. She reached out to the chair of the Slate Mini Crossword for Feb. 27, 2025 Read More 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 2/10 psychological and brain sciences department and was connected with an external investigator. On Oct. 17, she told that investigator about an episode from early 2002, in which she alleges Heatherton groped her at an academic conference. That incident occurred at a waterfront hotel in Savannah, Georgia, she says, where more than 1,300 people had gathered for the annual meeting of the Society for Personality and Social Psychology. Vazire, who was then a 21-year-old graduate student, was attending one of her first major conferences. Standing in a circle of students and faculty members outside a banquet hall, she found herself beside Heatherton, then in his early 40s and a full professor at Dartmouth. The two had not been introduced. Without saying a word, Vazire says, Heatherton reached his hand behind her, out of view of the others, and squeezed her butt. Erik Noftle, a psychology professor who dated Vazire in the early 2000s, confirms that she described the incident to him a year after it allegedly occurred, in 2003. Vazire says she wasn\u2019t that upset by the encounter. \u201cThis one ass-grabbing, it was just kind of a blip on the radar,\u201d she told me. In sharing her experience, Vazire wanted to make it very clear that she didn\u2019t consider her story of being groped at an academic conference on par with more grievous forms of sexual harassment, nor did she want it to overshadow the pending results of the investigations by Dartmouth and the New Hampshire attorney general. Still, she says the memory has stuck with her, as a first experience of the rampant, casual harassment that pervades the field of psychology and academic science as a whole do not remember touching her in any way at a conference 15 years ago,\u201d Heatherton said via email have just recently heard of this for the first time, but, if touched her as she described, all can say is that am profoundly sorry.\u201d Heatherton added that he first remembers meeting Vazire in 2011 and that they have had \u201ca collegial, but distant relationship.\u201d He noted that Vazire emailed him in 2011 to recommend one of her female honors students \u201cwho is going to be applying to graduate school with you.\u201d This student confirmed to me that Vazire wrote the email on her behalf but says Vazire also informed her about what had allegedly occurred between her and Heatherton in 2002. The student did not end up attending Dartmouth 2010 survey of female earth scientists found that more than half had experienced sexual harassment in the course of their careers. According to a 2014 study, more than one-quarter of female archaeologists said they\u2019d experienced unwanted physical contact while conducting field research. And a much older study, published in 1986, noted that 31 percent of female graduate trainees in clinical psychology reported receiving sexual advances from at least one male teacher or supervisor; among those women, 71 percent viewed the 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 3/10 advances as \u201ccoercive.\u201d Several high-profile cases of sexual misconduct by prominent academic scientists have also come to light in recent years. At the University of California\u2013 Berkeley, astronomer Geoff Marcy resigned last year after the school found that he had violated sexual harassment policies repeatedly between 2001 and 2010. (Marcy apologized on his website.) In August, the University of Washington fired microbiologist Michael Katze after an investigator found that he had, among other things, created a quid pro quo sexual relationship with one employee and asked another to email escorts on his behalf. This fall, eight people filed a complaint with the Equal Employment Opportunity Commission against the University of Rochester for failing to act appropriately against computational linguist T. Florian Jaeger and alleging that Jaeger engaged in a \u201clong pattern of predatory sexual behavior.\u201d Jaeger, who is on administrative leave pending the results of a new investigation, has noted that the fact that he\u2019s been placed on leave does not constitute an admission of guilt. Even as a first-year grad student in 2002, Vazire knew Heatherton was an academic star with considerable prestige and power was still young enough to have very idealistic images of famous people in the field,\u201d she says. By that time, Heatherton had published almost 60 peer-reviewed papers, and as the chairman of Convention Committee, he\u2019d helped establish the group\u2019s annual conference. After the 2001 meeting, Heatherton crowed to colleagues about its lively and stimulating atmosphere and the ample sales recorded at the cash bar. Heatherton made his name by studying feelings of guilt and self-control and by helping to devise a model of willpower as a muscle that can be exercised until exhaustion. In particular, he has studied how people restrain themselves from engaging in undesirable behavior. \u201cIs self-regulation failure a matter of lazy self-indulgence \u2026 or is it a matter of being overcome by powerful, unstoppable forces?\u201d he asked in a 1996 review of this research. He and his co- author ended that paper with a gloomy observation: \u201cThe norms and forces that currently dominate modern Western culture seem generally conducive to weakening self-control,\u201d they wrote. \u201cAs long as this is the case, it seems likely that our society will continue to suffer from widespread and even epidemic problems that have self-regulatory failure as a common core.\u201d Not long before his run-in with Vazire, Heatherton had co-written a book chapter with his graduate student Jennifer Tickle and colleague Mikki Hebl on the psychology of awkward moments. \u201cAwkward moments have far-reaching consequences in the lives of both stigmatized and nonstigmatized individuals,\u201d they wrote. 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 4/10 Starting in the early 2000s, Heatherton ventured into a booming subfield in his discipline, based around the use of magnetic-resonance imaging to capture changing blood flow in the brain. At Dartmouth, he became a leading member of a research group that applied this technique, fMRI, to the study of social psychology. In theory, he could now identify portions of the brain that would \u201cactivate\u201d in response to temptation, guilt, awkwardness, or whatever else one might choose to study. On the basis of this research, the exercise of self- control would be construed, in his later work, as a struggle between rival brain areas. Dartmouth made a huge investment in fMRI technology in September 1999, opening a four- story, $27 million building devoted to the Department of Psychological and Brain Sciences, or PBS. Dartmouth was the first liberal arts school in the country to have its own scanner dedicated to experimental brain research few years later helped bring in the largest peer-reviewed grant in the history of the institution: $21.8 million to establish a Center for Cognitive and Educational Neuroscience. Moore Hall, home of Dartmouth\u2019s Department of Psychological and Brain Sciences. Daderot/Wikimedia Commons 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 5/10 was a major power center on campus. By 2002, its most famous member\u2014Michael Gazzaniga, the father of cognitive neuroscience\u2014was serving as the dean of faculty at Dartmouth, having replaced another neuroscientist, Jamshed Bharucha, in that position.* Heatherton served as chair of the department in 2004 and 2005, and he worked closely with Gazzaniga, co-authoring a leading academic textbook, Psychological Science, in 2003. Kelley was recruited to the department in 2000; he and Heatherton became friends and regular scientific collaborators. Whalen arrived at in 2005. As the department\u2019s influence grew, tensions developed at the college report from the Student Assembly, based on input from 800 students and 30 faculty members and titled \u201cThe Soul of Dartmouth,\u201d decried the school\u2019s excessive focus on research, singling out for special blame. The department also had a reputation for rambunctiousness. Over the last week, I\u2019ve reached out to dozens of current and former faculty members, postdocs, graduate students, research technicians, and lab fellows who spent time at during this period or passed through for talks or summer sessions. Many ignored my requests or declined to be interviewed. Most of those who agreed to share their experiences would only do so on condition that their names would not be mentioned in connection with this story. But their stories generally converged on several major points. The culture at was characterized by heavy drinking, multiple sources said, as well as an unusual degree of socializing between faculty and students. Several described a \u201cgood old boys\u201d vibe that could be inhospitable to women. An undergraduate who worked in a lab from 2002 to 2004 said \u201cthe culture of the department was always very masculine and competitive.\u201d Elise Temple, who was an assistant professor of education at Dartmouth from 2007 to 2010, with a joint appointment in the department, said that Whalen and Kelley were very popular with graduate students and often partied with them. They would stay out late, Temple said, and encourage everyone to drink. \u201cThere was this juvenile attitude that was clearly just not professional,\u201d explained Temple, who now directs the Consumer Neuroscience Group at the company Nielsen remember, [the atmosphere] was like, \u2018No, have another drink! Oh, come on, have another drink!\u2019 Like a frat guy kind of thing.\u201d Temple acknowledged that it\u2019s common for graduate students and faculty to have drinks together from time to time. But she said there was more of this behavior\u2014drinking and socializing among mentors and trainees\u2014at than she\u2019d seen at other institutions. One member of the faculty from the early 2000s did tell me there wasn\u2019t an unusual degree of partying, and a graduate student who arrived a few years later said the culture was 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 6/10 \u201cpositive and professional.\u201d Most accounts heard, though, were more or less consistent with Temple\u2019s. One former student called the level of alcohol use \u201cpretty shocking\u201d and described it as being \u201clike night and day\u201d compared with other psychology departments. People went out drinking after work as a matter of routine, this student claimed, and stayed out very late former graduate student at said \u201cpartying\u201d might be too strong a word but that there was \u201ca lot of drinking with the professors.\u201d Students made frequent trips to a local restaurant called India Queen after work, the graduate student said, and Kelley would be there \u201cmore often than not.\u201d Multiple sources said Heatherton was less involved in the program\u2019s drinking culture than Kelley and Whalen. Via email, Heatherton said he didn\u2019t think it was accurate to say the department was characterized by heavy drinking or frequent socializing between graduate students and faculty do my best not to socialize with graduate students outside of the work setting, as the mentoring relationship should remain professional,\u201d he wrote, noting that his \u201cmain social contact\u201d with graduate students occurs on the annual \u201cApple Pie Day\u201d he hosts with his wife. He added: \u201cSelf-reflection has caused me to recognize that, on occasion, at conferences with other academicians have consumed too much alcohol. On this was not alone, but that is no excuse, and have apologized for my behavior.\u201d In the mid-2000s, three of the department\u2019s most promising young female professors\u2014 Abigail Baird, Jennifer Groh, and Jennifer Richeson\u2014departed for other schools. Richeson would earn a MacArthur \u201cgenius\u201d grant the year after leaving; Baird was named a \u201cRising Star in Psychological Science\u201d in 2008; and Groh received a Guggenheim Fellowship in 2009. They now direct labs at Yale, Vassar, and Duke, respectively. Another more senior woman at Dartmouth, Laura-Ann Petitto, also left during this period. (None of these professors agreed to comment for this story.) By January 2007, the website included just three women on its list of 16 faculty members. (The website now lists eight women out of 28 faculty members.) Heatherton notes that it\u2019s not unusual for professors to switch institutions, adding that five male professors also left the department around the same time. One of those was Gazzaniga, who resigned his position as dean after a vote of no confidence from the Dartmouth faculty and then left for the University of California\u2013Santa Barbara. Scott Grafton followed him to Santa Barbara shortly thereafter third departing scholar, Kevin Dunbar, was the partner of one of the women who left Dartmouth, Laura-Ann Petitto. Since then, both Kelley and Whalen have been awarded tenure. Heatherton served as president of the Society for Personality and Social Psychology in 2011. Under his direction, the society created a \u201cResponsible Research Task Force\u201d to \u201cdiscuss the promotion of 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 7/10 responsible conduct in social and personality psychology.\u201d In 2016, Dartblog called Heatherton \u201cone of the most respected researchers at the college.\u201d *Correction, Nov. 14, 2017: This piece originally misidentified Jamshed Bharucha as a former provost of Dartmouth. He served as deputy provost and as dean of faculty. (Return.) Have information you\u2019d like to share? Email us at [email protected] It Was Watched by 14 Million. Its Influence Is Still With Us Today. It\u2019s Hilariously Bad. The Trouble in Paradise Appears to Have Already Begun Why Michelle Trachtenberg\u2019s Death Has Prompted Such an Intense Reaction Help! Our New Neighbor Claimed She Was \u201cGetting Her Life Together.\u201d Then We Saw the Camera Footage. I\u2019m a Workplace Expert Have Some Advice for Fired Federal Workers. The Presumption of Innocence Has Nothing to Do With Pete Hegseth\u2019s Confirmation 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 8/10 My Sister Has Had a Difficult Time Having a Baby. But What She Just Demanded Left Me Stunned. Well, We Have Barron Trump\u2019s First College Scandal My Mother Has Fooled My Brother Into Believing She\u2019s a Loving, Sweet Grandmother Know the Truth. Men\u2019s Gymnastics Uniforms Leave Nothing to the Imagination. One Olympian Is Trying to Change That. My Husband\u2019s Severe Work Injury Halted a Major Part of Our Marriage. Now He Wants It Back and Simply Can\u2019t. Montana \u201cTrafficking\u201d Bill Shows Endgame for Abortion Rights Foes How Trump\u2019s Proposed Cuts Expose One of the Worst-Kept Secrets in Academia Two Damning Investigations Are a Stark Reminder of What We Stand to Lose \u201cAt Our Company, Employees Just Disappear\u201d 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 9/10 Slate is published by The Slate Group, a Graham Holdings Company. All contents \u00a9 2025 The Slate Group LLC. All rights reserved. 2/27/25, 7:50 Dartmouth professor Todd Heatherton accused of groping a woman in 2002. 10/10", "7305_105.pdf": "Todd Heatherton Todd F. Heatherton is a former professor in the Department of Psychological and Brain Sciences at Dartmouth College who retired following sexual harassment allegations against him.[1] He was an Associate Editor of the Journal of Cognitive Neuroscience. His recent research uses a social brain science approach, which combines theories and methods of evolutionary psychology, social cognition, and cognitive neuroscience to examine social behavior.[2] Much of Heatherton's work has concentrated on examining the relationship between adolescent smoking and film. His work has helped to shed light on the strong relationship between children witnessing films with smoking characters, and the initiation of adolescent smoking. Along with colleagues, Heatherton has helped to isolate risk factors, including access to movies online and low parental restrictions on film, to an increased likelihood of adolescent smoking.[pub 1] He has also conducted research concerning the neurological underpinnings of smoking addiction.[pub 2] Heatherton has also conducted a great amount of research concerning the risk factors of bulimia nervosa, using the Eating Disorder Inventory. His work has helped to reaffirm perfectionism, low self- esteem, and a negative perceived weight status as risk factors for bulimia, while asserting that age could be a modifier in onset among at-risk individuals.[pub 3 20-year longitudinal study has also shown that marriage and children could be a modifier in bulimia in women.[pub 4] His work has also isolated low self-efficacy as a more succinct risk factor for bulimia than the multi-faceted dimension of self-esteem.[pub 5] He was President of the Society for Personality and Social Psychology in 2011.[3] Heatherton's recent work has concentrated on the study of social neuroscience.[4] In October 2017, Heatherton was placed on paid leave from Dartmouth as the result of a sexual misconduct investigation launched by Dartmouth College. The New Hampshire attorney general, the Grafton county attorney's and sheriff's offices, and the Hanover police opened a criminal investigation in response.[5][6][7] New York University revoked his visiting scholar affiliation with their Department of Psychology.[8] Heatherton's attorneys have released a statement saying that he is cooperating with the investigation and that, \"he has engaged in no sexual relations with any student.\"[9] The statement also says that \"Dr. Heatherton\u2019s year away from Dartmouth is wholly unrelated to the investigation, as he was awarded a Senior Faculty Grant in October 2016 to facilitate a long-planned sabbatical, and he Research and career Sexual misconduct allegation and retirement 2/27/25, 7:50 Todd Heatherton - Wikipedia 1/3 has utilized it for the 2017-2018 academic year. His sabbatical leave began on July 1, before he learned of the investigation.\"[9] On June 14, 2018, the President of Dartmouth College announced that the Dean of Faculty recommended that Heatherton's tenure be revoked and that he be terminated, but he elected to retire immediately.[10] He is banned from entering campus property or attending College events.[1] The university has not released any specifics of their investigation;[1] however, a tenured professor of psychology at the University of California, Davis alleged that Heatherton groped her at an academic conference in 2002 while she was still a graduate student.[11] 1. Dalton, M.A., Sargent, J.D., Beach, M., Titus-Ernstoff, L., Gibson, J.J., Ahrens, M.B., Tickle, J., & Heatherton, T.F. (2003). Effect of viewing smoking in movies on adolescent smoking initiation Cohort Study 2. Wagner, D.D., Dal Cin, S., Sargent, J.D., Kelley, W.M., & Heatherton, T.F. (2011). Spontaneous action representation in smokers when watching movie characters smoke. Journal of Neuroscience,31, 894-898. 3. Holm-Denoma, J.M., Gordon, K.H., Bardone, A.M., Vohs, K.D., Abramson, L.Y., Heatherton, T.F., & Joiner, T.E. (2005 test of an interactive model of bulimic symptomatology in adult women. Behavior Therapy, 36, 311-321. 4. Keel, P. K., Baxter, M. G., Heatherton, T. F., & Joiner, T. E. (2007 20-year longitudinal study of body weight, dieting, and eating disorder symptoms. Journal of Abnormal Psychology, 116, 422- 432. 5. Bardone-Cone, A.M., Abramson, L.Y., Vohs, K.D., Heatherton, T.F., & Joiner, T.E., Jr. (2006). Predicting bulimic symptoms: An interactive model of self-efficacy, perfectionism, and perceived weight status. Behaviour Research and Therapy, 44, 27-42. 1. The Dartmouth Senior Staff (14 Jun 2018). \"Heatherton retires following sexual misconduct allegations\" ( conduct-allegations). The Dartmouth. Retrieved 14 Jun 2018. 2. \"Todd F. Heatherton Home Page\" ( Dartmouth.edu. 2013-02- 14. Retrieved 2013-04-09. 3. \"Previous Officers of SPSP\" ( SPSP. Retrieved 10 April 2013. 4. Heatherton, Todd F. (2011-01-01). \"Neuroscience of Self and Self-Regulation\" ( com/abstract=1722023). Rochester 1722023 ( m?abstract_id=1722023). {{cite journal}}: Cite journal requires |journal= (help) 5. Hoisington, Sam (31 Oct 2017). \"3 Dartmouth Professors Are Target of State Attorney General's 'Sexual Misconduct' Investigation\" ( 41623). The Chronicle of Higher Education. Retrieved 31 Oct 2017. 6. \"State Investigates Sexual Misconduct Allegations\" ( e-investigates-sexual-misconduct-allegations). Dartmouth News. 31 Oct 2017. Retrieved 31 Oct 2017. Selected publications References 2/27/25, 7:50 Todd Heatherton - Wikipedia 2/3 7. \"Dartmouth College Professors Investigated for Alleged Sexual Misconduct\" ( com/2017/10/31/us/dartmouth-professors-sexual-misconduct.html). The New York Times. 31 Oct 2017. Retrieved 31 Oct 2017. 8 Fires Dartmouth Visiting Scholar After Allegations of Sexual Misconduct\" ( ws.com/2017/11/07/nyu-fires-dartmouth-visiting-scholar-after-allegations-of-sexual-misconduct/). Washington Square News. 7 Nov 2017. Retrieved 1 Dec 2017. 9. \"Todd Heatheron Statement\" ( 13457843). Valley News. 31 October 2017. Retrieved 2 Dec 2017. 10. Hanlon, Phil (14 June 2018). \"Dartmouth Faculty Disciplinary Process Update\" ( outh.edu/~president/announcements/2018-0614.html). Dartmouth.edu. Retrieved 16 November 2018. 11. Engber, Daniel (13 Nov 2017). \"Three Dartmouth Psychology Professors Are Under Investigation for \"Sexual Misconduct\" \" ( mouth_professor_todd_heatherton_accused_of_groping_a_woman_in_2002.html). Slate. Retrieved 1 Dec 2017. Retrieved from \" 2/27/25, 7:50 Todd Heatherton - Wikipedia 3/3", "7305_106.pdf": "( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 1/79 Todd Heatherton is one of 262 celebrities, politicians, CEOs, and others who have been accused of sexual misconduct since April 2017 DOM\u00cdNGUEZ C\u00c1RDENAS D\u00cdAZ 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 2/79 Updated: Jan. 9, 2019 Update July 16, 2021: This list was created in 2017 as a way to represent the scope of the Me Too movement. Though the list, compiled from news reports, could never be exhaustive, the goal was to document the range of people across industries who were the subject of sexual misconduct reports. The list was updated periodically until February 2020; it has not been updated since then. In the intervening period, some of the people on this list have faced legal or professional consequences, while in other cases, further action was not supported or taken. While the Me Too movement continues to have an impact, this list is not an ongoing record of allegations and their outcomes; rather, it is meant as a snapshot of a particular moment in time. The list was updated periodically until February 2020, and is no longer being updated regularly. Harvey Weinstein. Mario Batali. Louis C.K. As the Me Too movement gained prominence, more than 250 powerful people \u2014 celebrities ( spacey-sexual-assault-allegations-house-of-cards), politicians ( moore-republican-party), CEOs ( sexual-misconduct-terdema-ussery-earl-k-sneed-mark-cuban), and others \u2014 were the subject of sexual harassment ( politics/2017/4/19/15361182/bill-oreilly-fox-harassment-allegations-fired), assault ( weinstein-sexual-harassment-assault-accusations), or other misconduct ( thrush-new-york-times) allegations. At the movement\u2019s height, more survivors came forward nearly every day, many of them inspired and emboldened by those who had gone before. Vox compiled a list of influential people from a variety of industries who faced new public accusations of sexual misconduct after Fox News host Bill O\u2019Reilly was forced to resign in April 2017. The list was updated periodically until January 2019, and is no longer being updated regularly. We decided to start our list with O\u2019Reilly because his departure from Fox helped set the stage for reports against Harvey Weinstein \u2014 which, in turn, helped raise awareness around the Me Too movement ( harvey-weinstein-harassment-assault) and kick off the reckoning around sexual misconduct that continues to this day, in Hollywood ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 3/79 harassment-hollywood-metoo), Washington ( and-politics/2018/1/30/16933376/congress-sexual-harassment-fix-bill), and around the country. Many (though not all) of the people accused have denied the allegations. Some say the reported behavior never happened, while others argue that their behavior was not intended to be sexual. Those who reported they were harassed, assaulted, or subjected to misconduct, however, have often said it affected them deeply, leaving some with lasting trauma and sometimes forcing them from their chosen careers. The Me Too movement and its impact ( movement-sexual-harassment-law-2019) are ongoing, and the list below is only a snapshot of the allegations that became public during a particular moment in time. Click to view the accused in the following fields: Arts & Entertainment 101 Media 57 Business & Tech 18 Politics 46 Other 40 Arts & Entertainment There are 101 people in this category. Select a name or scroll down to view all: Publicly reported December 2018 Frankie Shaw (/a/sexual-harassment-assault-allegations-list/frankie-shaw) Michael Weatherly (/a/sexual-harassment-assault-allegations-list/michael-weatherly) September 2018 Steven Wilder Striegel (/a/sexual-harassment-assault-allegations-list/steven-wilder-striegel) August 2018 Gerard Depardieu (/a/sexual-harassment-assault-allegations-list/gerard-depardieu) Chase Finlay (/a/sexual-harassment-assault-allegations-list/chase-finlay) Asia Argento (/a/sexual-harassment-assault-allegations-list/asia-argento) July 2018 Rick Day (/a/sexual-harassment-assault-allegations-list/rick-day) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 4/79 June 2018 Chris Hardwick (/a/sexual-harassment-assault-allegations-list/chris-hardwick) May 2018 Morgan Freeman (/a/sexual-harassment-assault-allegations-list/morgan-freeman) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc-besson) Boyd Tinsley (/a/sexual-harassment-assault-allegations-list/boyd-tinsley) Ameer Vann (/a/sexual-harassment-assault-allegations-list/ameer-vann) Junot D\u00edaz (/a/sexual-harassment-assault-allegations-list/junot-diaz) April 2018 Allison Mack (/a/sexual-harassment-assault-allegations-list/allison-mack) Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) March 2018 John Kricfalusi (/a/sexual-harassment-assault-allegations-list/john-kricfalusi) Sherman Alexie (/a/sexual-harassment-assault-allegations-list/sherman-alexie) February 2018 Jeff Franklin (/a/sexual-harassment-assault-allegations-list/jeff-franklin) Philip Berk (/a/sexual-harassment-assault-allegations-list/philip-berk) Daniel Handler (/a/sexual-harassment-assault-allegations-list/daniel-handler) Patrick Demarchelier (/a/sexual-harassment-assault-allegations-list/patrick-demarchelier) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth-sabal) Andre Passos (/a/sexual-harassment-assault-allegations-list/andre-passos) Greg Kadel (/a/sexual-harassment-assault-allegations-list/greg-kadel) David Bellemere (/a/sexual-harassment-assault-allegations-list/david-bellemere) Karl Templer (/a/sexual-harassment-assault-allegations-list/karl-templer) Vincent Cirrincione (/a/sexual-harassment-assault-allegations-list/vincent-cirrincione) Paul Marciano (/a/sexual-harassment-assault-allegations-list/paul-marciano) January 2018 Charlie Walk (/a/sexual-harassment-assault-allegations-list/charlie-walk) Scott Baio (/a/sexual-harassment-assault-allegations-list/scott-baio) David Copperfield (/a/sexual-harassment-assault-allegations-list/david-copperfield) Barry Lubin (/a/sexual-harassment-assault-allegations-list/barry-lubin) Michael Douglas (/a/sexual-harassment-assault-allegations-list/michael-douglas) Joel Kramer (/a/sexual-harassment-assault-allegations-list/joel-kramer) Bruce Weber (/a/sexual-harassment-assault-allegations-list/bruce-weber) Mario Testino (/a/sexual-harassment-assault-allegations-list/mario-testino) Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz-ansari) James Franco (/a/sexual-harassment-assault-allegations-list/james-franco) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan-lee) Ben Vereen (/a/sexual-harassment-assault-allegations-list/ben-vereen) Paul Haggis (/a/sexual-harassment-assault-allegations-list/paul-haggis) Albert Schultz (/a/sexual-harassment-assault-allegations-list/albert-schultz) Dan Harmon (/a/sexual-harassment-assault-allegations-list/dan-harmon) December 2017 Dustin Marshall (/a/sexual-harassment-assault-allegations-list/dustin-marshall) T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j-miller) Morgan Spurlock (/a/sexual-harassment-assault-allegations-list/morgan-spurlock) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon-heely) Melanie Martinez (/a/sexual-harassment-assault-allegations-list/melanie-martinez) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 5/79 Bryan Singer (/a/sexual-harassment-assault-allegations-list/bryan-singer) Peter Martins (/a/sexual-harassment-assault-allegations-list/peter-martins) James Levine (/a/sexual-harassment-assault-allegations-list/james-levine) November 2017 Israel Horovitz (/a/sexual-harassment-assault-allegations-list/israel-horovitz) Geoffrey Rush (/a/sexual-harassment-assault-allegations-list/geoffrey-rush) Jean-Claude Arnault (/a/sexual-harassment-assault-allegations-list/jean-claude-arnault) John Lasseter (/a/sexual-harassment-assault-allegations-list/john-lasseter) Murray Miller (/a/sexual-harassment-assault-allegations-list/murray-miller) Sylvester Stallone (/a/sexual-harassment-assault-allegations-list/sylvester-stallone) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron-jeremy) Andy Henry (/a/sexual-harassment-assault-allegations-list/andy-henry) Jesse Lacey (/a/sexual-harassment-assault-allegations-list/jesse-lacey) Tom Sizemore (/a/sexual-harassment-assault-allegations-list/tom-sizemore) Mark Schwahn (/a/sexual-harassment-assault-allegations-list/mark-schwahn) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault-allegations-list/peter-aalbaek-jensen) Eddie Berganza (/a/sexual-harassment-assault-allegations-list/eddie-berganza) Richard Dreyfuss (/a/sexual-harassment-assault-allegations-list/richard-dreyfuss) Gary Goddard (/a/sexual-harassment-assault-allegations-list/gary-goddard) Andrew Kreisberg (/a/sexual-harassment-assault-allegations-list/andrew-kreisberg) George Takei (/a/sexual-harassment-assault-allegations-list/george-takei) Steven Seagal (/a/sexual-harassment-assault-allegations-list/steven-seagal) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis-c-k) Matthew Weiner (/a/sexual-harassment-assault-allegations-list/matthew-weiner) Russell Simmons (/a/sexual-harassment-assault-allegations-list/russell-simmons) Robert Knepper (/a/sexual-harassment-assault-allegations-list/robert-knepper) Jeffrey Tambor (/a/sexual-harassment-assault-allegations-list/jeffrey-tambor) Ed Westwick (/a/sexual-harassment-assault-allegations-list/ed-westwick) Adam Venit (/a/sexual-harassment-assault-allegations-list/adam-venit) Danny Masterson (/a/sexual-harassment-assault-allegations-list/danny-masterson) Nick Carter (/a/sexual-harassment-assault-allegations-list/nick-carter) Brett Ratner (/a/sexual-harassment-assault-allegations-list/brett-ratner) Dustin Hoffman (/a/sexual-harassment-assault-allegations-list/dustin-hoffman) October 2017 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy-dick) Jeremy Piven (/a/sexual-harassment-assault-allegations-list/jeremy-piven) Kevin Spacey (/a/sexual-harassment-assault-allegations-list/kevin-spacey) Kirt Webster (/a/sexual-harassment-assault-allegations-list/kirt-webster) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken-baker) Ethan Kath (/a/sexual-harassment-assault-allegations-list/ethan-kath) James Toback (/a/sexual-harassment-assault-allegations-list/james-toback) David Blaine (/a/sexual-harassment-assault-allegations-list/david-blaine) Chris Savino (/a/sexual-harassment-assault-allegations-list/chris-savino) Bob Weinstein (/a/sexual-harassment-assault-allegations-list/bob-weinstein) Tyler Grasham (/a/sexual-harassment-assault-allegations-list/tyler-grasham) Lars von Trier (/a/sexual-harassment-assault-allegations-list/lars-von-trier) Roy Price (/a/sexual-harassment-assault-allegations-list/roy-price) Oliver Stone (/a/sexual-harassment-assault-allegations-list/oliver-stone) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 6/79 Ben Affleck (/a/sexual-harassment-assault-allegations-list/ben-affleck) Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Harvey Weinstein (/a/sexual-harassment-assault-allegations-list/harvey-weinstein) August 2017 Hadrian Belove (/a/sexual-harassment-assault-allegations-list/hadrian-belove) Shadie Elnashai (/a/sexual-harassment-assault-allegations-list/shadie-elnashai) Roman Polanski (/a/sexual-harassment-assault-allegations-list/roman-polanski) July 2017 Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations-list/robert-r-kelly) Media There are 57 people in this category. Select a name or scroll down to view all: Publicly reported August 2018 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) July 2018 Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations-list/kimberly-guilfoyle) Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin-kratochvil) Christian Rodriguez (/a/sexual-harassment-assault-allegations-list/christian-rodriguez) April 2018 Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) March 2018 Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael-ferro) February 2018 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan-seacrest) Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel-zwerdling) January 2018 Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick-witty) Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan-candappa) Robert Moore (/a/sexual-harassment-assault-allegations-list/robert-moore) Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross-levinsohn) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt-ayers) December 2017 Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian-carrasquillo) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew-creighton) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike-germano) Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard-lopate) Jonathan Schwartz (/a/sexual-harassment-assault-allegations-list/jonathan-schwartz) Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall-faulk) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 7/79 Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric-weinberger) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan-mcnabb) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom-ashbrook) Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan-howard) Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) John Hockenberry (/a/sexual-harassment-assault-allegations-list/john-hockenberry) November 2017 Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison-keillor) Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt-zimmerman) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince-ingenito) Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael-hafford) David Corn (/a/sexual-harassment-assault-allegations-list/david-corn) October 2017 Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael-oreskes) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton-fish) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark-halperin) Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon-wieseltier) Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight-landesman) Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart-steele) September 2017 Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry-knowles) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles-payne) August 2017 Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) April 2017 Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Business & Tech There are 18 people in this category. Select a name or scroll down to view all: Publicly reported October 2018 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard-devaul) Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) August 2018 Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos-parneros) February 2018 Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema-ussery) January 2018 Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 8/79 December 2017 Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford-jr) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) November 2017 Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin-pishevar) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) October 2017 Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb-jennings) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert-scoble) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott-courtney) June 2017 Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave-mcclure) Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin-caldbeck) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis-kalanick) Politics There are 46 people in this category. Select a name or scroll down to view all: Publicly reported November 2018 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) October 2018 Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j-alvarez) September 2018 Charles Schwertner (/a/sexual-harassment-assault-allegations-list/charles-schwertner) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett-kavanaugh) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) August 2018 Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) July 2018 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey-coleman) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) May 2018 Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric-schneiderman) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) April 2018 Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony-cardenas) Benton Strong (/a/sexual-harassment-assault-allegations-list/benton-strong) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin-sparks) February 2018 Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas-kettle) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina-garcia) January 2018 Burns Strider (/a/sexual-harassment-assault-allegations-list/burns-strider) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 9/79 Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick-meehan) Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) December 2017 Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey-lewandowski) Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea-ramsey) Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex-kozinski) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt-dababneh) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben-kihuen) November 2017 Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake-farenthold) John Conyers (/a/sexual-harassment-assault-allegations-list/john-conyers) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley-goodman) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve-lebsock) Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations-list/dwayne-duron-marshall) Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony-mendoza) October 2017 Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul-bocanegra) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george-h-w-bush) Donald Trump (/a/sexual-harassment-assault-allegations-list/donald-trump) Other There are 40 people in this category. Select a name or scroll down to view all: Publicly reported September 2018 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) August 2018 Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) June 2018 Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco-ayala) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) May 2018 Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland-g-fryer-jr) George Tyndall (/a/sexual-harassment-assault-allegations-list/george-tyndall) April 2018 William Jacoby (/a/sexual-harassment-assault-allegations-list/william-jacoby) March 2018 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 10/79 William Strampel (/a/sexual-harassment-assault-allegations-list/william-strampel) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith-raniere) Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike-isabella) February 2018 Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge-dominguez) Lawrence Krauss (/a/sexual-harassment-assault-allegations-list/lawrence-krauss) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael-feinberg) Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean-hutchison) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) January 2018 Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne-pacelle) John Kenneally (/a/sexual-harassment-assault-allegations-list/john-kenneally) Mohamed Muqtar (/a/sexual-harassment-assault-allegations-list/mohamed-muqtar) Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy-tooker) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) December 2017 Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie-hallowell) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken-friedman) Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) November 2017 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) October 2017 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd-heatherton) William Kelley (/a/sexual-harassment-assault-allegations-list/william-kelley) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick-guerrero) John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) David Marchant (/a/sexual-harassment-assault-allegations-list/david-marchant) September 2017 T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian-jaeger) April 2017 Cristiano Ronaldo (/a/sexual-harassment-assault-allegations-list/cristiano-ronaldo) October 2014 Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil-degrasse-tyson) Back to 1 / 101 Frankie Shaw (/a/sexual-harassment-assault-allegations- list/frankie-shaw) Creator and star, Showtime's Publicly reported December 17, 2018 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 11/79 Multiple staffers have said she mishandled sex scenes, and one says she took off her own shirt in a dispute over onscreen nudity. Sources/more info: 1 ( \u201cShe uses this idea of being feminist and a progressive as camouflage.\u201d \u2014 anonymous staffer ( claims-1170077) Michael Weatherly (/a/sexual-harassment-assault-allegations- list/michael-weatherly) Actor, CBS's Bull Publicly reported December 13, 2018 co-star says he made inappropriate comments to her, including a rape joke. After she confronted him, she was written off the show. Sources/more info: 1 ( \u201cMy story is true and it\u2019s really affected me.\u201d \u2014 Eliza Dushku, actress ( harassment.html) Steven Wilder Striegel (/a/sexual-harassment-assault- allegations-list/steven-wilder-striegel) Actor Publicly reported September 6, 2018 woman has said he sexually abused her when she was 14. He pleaded guilty to two felonies in 2010 in connection with the allegations, and served six months in jail. 20th Century Fox has deleted a scene featuring him from The Predator. Sources/more info: 1 ( 2 ( story.html have no shame for what was done to me am not the one who needs to carry that shame.\u201d \u2014 Paige Carnes, who reported that Striegel abused her ( 20180912-story.html) Gerard Depardieu (/a/sexual-harassment-assault-allegations- list/gerard-depardieu) Actor Publicly reported August 30, 2018 An actress has said he raped her. French authorities are investigating. Sources/more info: 1 ( 2 ( \u201cThe actress told police she had been assaulted by the actor twice this month at Depardieu\u2019s home in Paris.\u201d \u2014 the New York Magazine vertical The Cut ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 12/79 Chase Finlay (/a/sexual-harassment-assault-allegations- list/chase-finlay) Former principal dancer, New York City Ballet Publicly reported August 28, 2018 woman said he shared naked pictures of her without her consent. He has left the New York City Ballet. Sources/more info: 1 ( 2 ( \u201c[Finlay] had been secretly recording and saving explicit photographs and videos of [Alexandra Waterbury] while she was without clothing and/or while the two were engaged in sexual activities.\u201d \u2014 lawsuit filed by Alexandra Waterbury against New York City Ballet ( Asia Argento (/a/sexual-harassment-assault-allegations- list/asia-argento) Actress, director, #MeToo advocate Publicly reported August 19, 2018 man says she sexually assaulted him when he was 17. She has been fired from Factor Italy. Sources/more info: 1 ( 2 ( utm_source=twitter) 3 ( \u201cMy trauma resurfaced as she came out as a victim herself.\u201d \u2014 Jimmy Bennett, actor ( assault-claim-1136667?utm_source=twitter) Rick Day (/a/sexual-harassment-assault-allegations-list/rick- day) Photographer Publicly reported July 24, 2018 Multiple men have reported sexual assault or other sexual misconduct by Day during photo shoots. Sources/more info: 1 ( 2 ( [Day] \u201cgot way too handsy on just about every part of my body.\u201d \u2014 Zach Zakar, model ( assault/#gs.Eq88fT8) Chris Hardwick (/a/sexual-harassment-assault-allegations- list/chris-hardwick) Co-founder, Nerdist; host, Talking with Chris Hardwick Publicly reported June 14, 2018 woman has said he sexually assaulted and emotionally abused her suspended his show, but has reinstated it after an investigation. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 13/79 Sources/more info: 1 ( 2 ( 3 ( \u201cI\u2019m still recovering from being sexually used.\u201d \u2014 Chloe Dykstra, actress ( Morgan Freeman (/a/sexual-harassment-assault-allegations- list/morgan-freeman) Actor; co-founder, Revelations Entertainment Publicly reported May 24, 2018 Eight women have alleged sexual harassment and \u201cinappropriate behavior,\u201d including sexually charged remarks and unwanted touching. Sources/more info: 1 ( \u201cWe knew that if he was coming by \u2026 not to wear any top that would show our breasts, not to wear anything that would show our bottoms.\u201d \u2014 senior production staff member on the film Now You See Me ( freeman-accusations/index.html) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc- besson) Director Publicly reported May 19, 2018 Multiple people have said he raped, sexually assaulted, or sexually harassed them. French police are investigating the rape allegation. Sources/more info: 1 ( 2 ( became his private Barbie doll whom he could control, dress and break.\u201d \u2014 Sand Van Roy, actress ( france-1202869487/) Boyd Tinsley (/a/sexual-harassment-assault-allegations- list/boyd-tinsley) Violinist; former member, Dave Matthews Band; member, Crystal Garden Publicly reported May 17, 2018 man has sued Tinsley, saying Tinsley subjected him to unwanted touching and masturbated in front of him, among other unwanted behavior, while they were bandmates in Crystal Garden. Tinsley has been fired from the Dave Matthews Band. Sources/more info: 1 ( 2 ( \u201c[H]e was masturbating next to me while was sleeping, and he had his hand on my ass\u201d \u2014 James Frost-Winn, trumpet player ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 14/79 Ameer Vann (/a/sexual-harassment-assault-allegations- list/ameer-vann) Rapper; former member, Brockhampton Publicly reported May 11, 2018 Two women have said he was verbally abusive or emotionally manipulative to them in relationships, and others have made secondhand allegations that he had sex with underage girls. He has since left Brockhampton and the group has issued an apology. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cNot only is he a predator and cheater, he also degrades women\u201d \u2014 Rhett Rowan, singer-songwriter ( allegations/) Junot D\u00edaz (/a/sexual-harassment-assault-allegations- list/junot-diaz) Author; creative writing professor Publicly reported May 4, 2018 woman has reported that he forcibly kissed her, and others have said he subjected them to misogynistic or verbally abusive behavior. He has resigned as chair of the Pulitzer Prize Board, and has launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( was an unknown wide-eyed 26 yo, and he used it as an opportunity to corner and forcibly kiss me.\u201d \u2014 Zinzi Clemmons, author ( Allison Mack (/a/sexual-harassment-assault-allegations- list/allison-mack) Actress Publicly reported April 24, 2018 She has been charged with sex trafficking in connection with allegations that she recruited women to become \u201cslaves\u201d in the group Nxivm. Sources/more info: 1 ( 2 ( \u201cMs. Mack was one of the top members of a highly organized scheme which was designed to provide sex to [Nxivm co-founder Keith Raniere]\" \u2014 assistant attorney Moira Penza ( know.html) Nicholas Nixon (/a/sexual-harassment-assault-allegations- list/nicholas-nixon) Photographer; former photography professor, Massachusetts College of Art and Design 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 15/79 Publicly reported April 4, 2018 Multiple former students have said that Nixon made inappropriate comments, sent them inappropriate emails, or asked them to pose nude. He has retired from MassArt and is the subject of a Title investigation. Sources/more info: 1 ( far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) 2 ( \u201cIt felt like the conversation always led back to sex.\u201d \u2014 anonymous, to the Boston Globe ( classroom-how-far-too-far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) John Kricfalusi (/a/sexual-harassment-assault-allegations- list/john-kricfalusi) Creator, The Ren & Stimpy Show Publicly reported March 29, 2018 One woman has said Kricfalusi sexually abused her when she was a minor, while another says he subjected her to sexually inappropriate behavior when she was a minor and later sexually harassed her. Cartoon Network and Adult Swim have said they will not work with him in future. Sources/more info: 1 ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) \u201cMy entire life had been suspended in John\u2019s since was fourteen.\u201d \u2014 Robyn Byrd, professor ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) Sherman Alexie (/a/sexual-harassment-assault-allegations- list/sherman-alexie) Author Publicly reported March 5, 2018 Multiple women have reported that he made inappropriate comments or unwanted advances toward them. He has declined a literary prize and delayed the publication of an upcoming memoir. Sources/more info: 1 ( 2 ( declines-literary-prize) 3 ( amid-sexual-harassment-claims [\u2026] felt that he had so much power that should probably not make a fuss about this.\u201d \u2014 Elissa Washuta, author ( the-record) Jeff Franklin (/a/sexual-harassment-assault-allegations- list/jeff-franklin) Former showrunner, Fuller House Publicly reported February 28, 2018 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 16/79 He has been accused of making inappropriate comments about his sex life in the workplace, and giving women he dated bit parts on Fuller House. He has been dropped from the show, and his deal with Warner Bros. will not be renewed. Sources/more info: 1 ( \u201cStudio executives were warned that Franklin \u2018was a walking lawsuit waiting to happen.\u2019\u201d \u2014 Cynthia Littleton, Variety ( Philip Berk (/a/sexual-harassment-assault-allegations- list/philip-berk) Former president, Hollywood Foreign Press Association Publicly reported February 22, 2018 man has reported that Berk groped him. The is investigating the incident. Sources/more info: 1 ( 2 ( felt ill felt like a little kid felt like there was a ball in my throat thought was going to cry.\u201d \u2014 Brendan Fraser, actor ( Daniel Handler (/a/sexual-harassment-assault-allegations- list/daniel-handler) Author, also known as Lemony Snicket Publicly reported February 21, 2018 Multiple women say he made inappropriate sexual comments in front of and about them. Sources/more info: 1 ( \u201cIt was way over the line, and made me feel smaller.\u201d \u2014 Allie Jane Bruce, children's librarian ( metoo) Patrick Demarchelier (/a/sexual-harassment-assault- allegations-list/patrick-demarchelier) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances toward them. The magazine publisher Cond\u00e9 Nast has stopped working with him \u201cfor the foreseeable future.\u201d Sources/more info: 1 ( \u201cIt hurts my heart so much to think of how many girls, many my own daughter\u2019s age who have had to fend off or give in to his advances because didn\u2019t speak up at the time.\u201d \u2014 anonymous, in an email to a modeling group ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth- sabal) Photographer 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 17/79 Publicly reported February 16, 2018 Multiple women have said he sexually harassed them. Sources/more info: 1 ( \u201cThree models have accused Sabal of sexual harassment during the mid-2000s.\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Andre Passos (/a/sexual-harassment-assault-allegations- list/andre-passos) Photographer Publicly reported February 16, 2018 woman has said he inserted his fingers into her vagina during a shoot when she was a teenager. Sources/more info: 1 ( \u201cFormer model Dasha Alexander said she was 15 when he inserted his fingers in her vagina while taking her picture about 20 years ago, saying it would give the photos \u2018more emotion.'\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Greg Kadel (/a/sexual-harassment-assault-allegations- list/greg-kadel) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances when they were teenagers, while another said he pressured her to strip naked. Cond\u00e9 Nast and Victoria\u2019s Secret have stopped working with him. Sources/more info: 1 ( \u201cKadel helped the teenager land gig after gig with Victoria\u2019s Secret, all while subjecting her to ongoing harassment, she said, until she refused to work with him\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) David Bellemere (/a/sexual-harassment-assault-allegations- list/david-bellemere) Photographer Publicly reported February 16, 2018 Multiple women have reported that he subjected them to unwanted touching and other inappropriate behavior. Victoria\u2019s Secret has cut ties with him. Sources/more info: 1 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 18/79 felt like had no choices.\u201d \u2014 Madisyn Ritland, model ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Karl Templer (/a/sexual-harassment-assault-allegations- list/karl-templer) Stylist Publicly reported February 16, 2018 Multiple women have reported that he touched them inappropriately or aggressively during shoots. Sources/more info: 1 ( \u201cHe was trying to get me naked. [\u2026] He was trying to pull off my clothes without my permission.\u201d \u2014 anonymous, to Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Vincent Cirrincione (/a/sexual-harassment-assault-allegations- list/vincent-cirrincione) Talent manager Publicly reported February 2, 2018 Multiple women have said he made unwanted advances toward them, and several said he preyed specifically on young women of color. He has shut down his agency. Sources/more info: 1 ( women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a-b85626af34ef_story.html? utm_term=.3c5fd3c7283a) 2 ( close-agency-after-accusations-of-sexual-harassment/2018/02/05/557debd0-0ab8-11e8-8b0d-891602206fb7_story.html? utm_term=.48f8a9e3ec1b) \u201cThe price paid for having my good professional relationship with him was giving up my sense of self, of wholeness, of personal worth.\u201d \u2014 anonymous, to the Washington Post ( henson-to-stardom-now-9-minority-women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a- b85626af34ef_story.html?utm_term=.3c5fd3c7283a) Paul Marciano (/a/sexual-harassment-assault-allegations- list/paul-marciano) Co-founder, Guess Publicly reported February 1, 2018 woman has reported that he repeatedly subjected her to unwanted touching, kissing, and other advances. He has stepped away from daily responsibilities at Guess. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 19/79 \u201cIt took a huge toll on my confidence and self-worth wanted to quit modeling.\u201d \u2014 Kate Upton, model ( Charlie Walk (/a/sexual-harassment-assault-allegations- list/charlie-walk) Former president, the Republic Group Publicly reported January 29, 2018 Multiple women have accused him of harassment and inappropriate touching. He has left the Republic Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cYou would instant message me throughout the day making sexual remarks. Truly vulgar words and ideas. Pervasively.\u201d \u2014 Tristan Coopersmith, psychotherapist ( Scott Baio (/a/sexual-harassment-assault-allegations- list/scott-baio) Actor Publicly reported January 27, 2018 woman has reported that Baio sexually abused her when she was a minor, and a man has said Baio sexually harassed him. Sources/more info: 1 ( 2 ( 3 ( \u201cHe was playing not only on my emotions, but my hormones and all of those things.\u201d \u2014 Nicole Eggert, actress ( 1202681478/) David Copperfield (/a/sexual-harassment-assault-allegations- list/david-copperfield) Magician Publicly reported January 25, 2018 woman has reported that he drugged and sexually assaulted her when she was 17. Sources/more info: 1 ( remember my clothes being taken off.\u201d \u2014 Brittney Lewis, former model ( 1988/) Barry Lubin (/a/sexual-harassment-assault-allegations- list/barry-lubin) Former clown, Big Apple Circus 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 20/79 Publicly reported January 23, 2018 woman has reported that he pressured her to pose for pornographic photos when she was 16. He has resigned from the Big Apple Circus. Sources/more info: 1 ( just felt really confused and lost and ashamed.\u201d \u2014 Zoey Dunne, former circus performer ( resigns.html?smid=tw-nytmetro&smtyp=cur) Michael Douglas (/a/sexual-harassment-assault-allegations- list/michael-douglas) Actor Publicly reported January 18, 2018 woman has reported that he sexually harassed her and masturbated in front of her. Sources/more info: 1 ( realized he thought he could do anything he wanted because he was so much more powerful than was.\u201d \u2014 Susan Braudy, writer ( moment-1075609) Joel Kramer (/a/sexual-harassment-assault-allegations- list/joel-kramer) Stunt coordinator Publicly reported January 13, 2018 woman has reported that he sexually abused her when she was underage, and another says he sexually assaulted her. He has been dropped as a client by Worldwide Production Agency. Sources/more info: 1 ( 2 ( 3 ( 1202243097 was 12, he was 36. It is incomprehensible.\u201d \u2014 Eliza Dushku, actress ( Bruce Weber (/a/sexual-harassment-assault-allegations- list/bruce-weber) Photographer Publicly reported January 13, 2018 Multiple men have said he pressured them to pose nude or subjected them to unwanted touching. Sources/more info: 1 ( felt helpless. [\u2026] Like my agency said, he has a lot of power.\u201d \u2014 **Josh Ardolf, model ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 21/79 Mario Testino (/a/sexual-harassment-assault-allegations- list/mario-testino) Photographer Publicly reported January 13, 2018 Multiple men have said he groped them or masturbated in front of them, or made unwanted advances. Sources/more info: 1 ( \u201cHe was a sexual predator.\u201d \u2014 Ryan Locke, model ( Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz- ansari) Actor, comedian Publicly reported January 13, 2018 woman has said he subjected her to unwanted touching and pressure to have sex during a date. Sources/more info: 1 ( cried the whole ride home. At that point felt violated.\u201d \u2014 Grace, to Babe.net ( James Franco (/a/sexual-harassment-assault-allegations- list/james-franco) Actor; founder, Studio 4 film school Publicly reported January 11, 2018 Multiple women have reported that he engaged in inappropriate or sexually exploitative behavior with them. Sources/more info: 1 ( feel there was an abuse of power, and there was a culture of exploiting non-celebrity women, and a culture of women being replaceable.\u201d \u2014 Sarah Tither-Kaplan, actress and filmmaker ( 20180111-htmlstory.html) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan- lee) Comic book writer; former editor-in-chief, Marvel Comics Publicly reported January 9, 2018 Multiple nurses have accused Lee of sexually harassing them while they were caring for him, and another woman has alleged that he masturbated in front of her and groped her. Sources/more info: 1 ( 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 22/79 \u201cThe owner at the nursing company has openly said to people that Stan has sexually harassed every single nurse that has been to the house.\u201d \u2014 anonymous, to the Daily Mail ( nurses.html) Ben Vereen (/a/sexual-harassment-assault-allegations- list/ben-vereen) Actor, director Publicly reported January 5, 2018 Multiple women have reported that he subjected them to inappropriate comments or unwanted touching, including pressing his genitals against them. Sources/more info: 1 ( just felt powerless because thought really needed his help and guidance.\u201d \u2014 Kim, actress, to the New York Daily News ( assault-hair-article-1.3738684) Paul Haggis (/a/sexual-harassment-assault-allegations- list/paul-haggis) Director, screenwriter Publicly reported January 5, 2018 Multiple women have reported that he raped or forcibly kissed them. He has resigned as chair of the board for Artists for Peace and Justice, a charity he founded. Sources/more info: 1 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 2 ( misconduct-allegations/1021400001 felt like my life could have been over.\u201d \u2014 anonymous, to the Associated Press ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) Albert Schultz (/a/sexual-harassment-assault-allegations- list/albert-schultz) Actor; artistic director, Soulpepper Theatre Company Publicly reported January 3, 2018 Multiple women have reported that he committed sexual battery or sexual harassment against them. He is taking a leave of absence from the Soulpepper Theatre Company. Sources/more info: 1 ( didn\u2019t have a name for it at the time, but did fall into a depression.\u201d \u2014 Patricia Fagan, actress ( 1.4470036) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 23/79 Dan Harmon (/a/sexual-harassment-assault-allegations- list/dan-harmon) Writer; producer; creator, Community Publicly reported January 2, 2018 former employee has reported that he sexually harassed her, and he has admitted to and apologized for the behavior. Sources/more info: 1 ( 2 ( 3 ( \u201cIt took me years to believe in my talents again, to trust a boss when he complimented me and not cringe when he asked for my number.\u201d \u2014 Megan Ganz, writer ( Dustin Marshall (/a/sexual-harassment-assault-allegations- list/dustin-marshall) Founder, Feral Audio podcast network Publicly reported December 21, 2017 former partner says he abused and harassed her. He is shutting down Feral Audio. Sources/more info: 1 ( 2 ( 3 ( \u201cOne night he broke into my house and crawled into bed with me, saying that we \u2018really needed to talk\u2019\u201d \u2014 Abby Weems, musician ( T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j- miller) Actor, comedian Publicly reported December 19, 2017 woman has reported that he sexually assaulted her, and others have said he harassed them or made abusive or transphobic comments. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt is unfathomable to me that he doesn\u2019t understand that he actually put me through something have to live with [\u2026] that completely, completely set the tone for my sexual adult life.\u201d \u2014 anonymous, to the Daily Beast ( punching-a-woman) Morgan Spurlock (/a/sexual-harassment-assault-allegations- list/morgan-spurlock) Director Publicly reported December 14, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 24/79 He said he has been accused of rape and sexual harassment. He has stepped down from his production company and other companies have cut ties or stopped distribution of his projects. Sources/more info: 1 ( 2 ( 3 ( misconduct/950744001/) 4 ( refinery29-1202228279/) 5 ( n829581) \u201cWe stand in solidarity with the victims.\u201d \u2014 spokesperson for Pretty Matches and Refinery29, announcing the suspension of a docuseries on women's issues that Spurlock was to produce ( matches-refinery29-1202228279/) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon- heely) Director of music publishing, Disney Publicly reported December 8, 2017 He is accused of sexually abusing two underage girls. He has been charged with three felony counts of child sexual abuse and suspended without pay from Disney. Sources/more info: 1 ( \u201cImmediately upon learning of this situation tonight, he has been suspended without pay until the matter is resolved by the courts.\u201d \u2014 Disney spokesperson, to Variety ( 1202634502/) Melanie Martinez (/a/sexual-harassment-assault-allegations- list/melanie-martinez) Singer-songwriter Publicly reported December 5, 2017 woman has said that Martinez raped her. Sources/more info: 1 ( utm_term=.jwvZEZe9a#.niyNlNbAD) 2 ( happened never said yes said no, repeatedly. But she used her power over me, and broke me down.\u201d \u2014 Timothy Heller, singer ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F by-a-former-friend) Bryan Singer (/a/sexual-harassment-assault-allegations- list/bryan-singer) Director 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 25/79 Publicly reported December 4, 2017 man has sued Singer, saying he was raped by Singer at the age of 17. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHe smirked and said, if say anything, he was very popular and could basically ruin my reputation.\u201d \u2014 Cesar Sanchez-Guzman ( Peter Martins (/a/sexual-harassment-assault-allegations- list/peter-martins) Retired ballet master in chief, New York City Ballet Publicly reported December 4, 2017 Multiple people say he sexually harassed or verbally or physically abused them, or abused his power through sexual relationships with other dancers. He has retired. Sources/more info: 1 ( 2 ( accusation.html?action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 3 ( action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 4 ( 5 ( \u201cHe\u2019s yanking me around to the left and to the right, he\u2019s digging his left thumb and his middle finger felt like he was piercing my muscle.\u201d \u2014 Victor Ostrovsky, former student, School of American Ballet ( ballet-new-york-city-physical-abuse.html) James Levine (/a/sexual-harassment-assault-allegations- list/james-levine) Former conductor, Metropolitan Opera Publicly reported December 3, 2017 Multiple men have reported that he sexually abused them, some when they were teenagers. He has been fired from the Met, and the Ravinia Festival has cut ties with him. Sources/more info: 1 ( 2 ( 3 ( saw him as a safe, protective person, he took advantage of me, he abused me and it has really messed me up.\u201d \u2014 Ashok Pai ( Israel Horovitz (/a/sexual-harassment-assault-allegations- list/israel-horovitz) Playwright Publicly reported November 30, 2017 Multiple women have said that he sexually harassed, sexually assaulted, or raped them. The Gloucester Stage theater has cut ties with him. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 26/79 Sources/more info: 1 ( share&referer= felt close to him like a grandfather, but also he was a somewhat famous guy whose time felt privileged to have. [\u2026] For the man who represented all that, to treat me the way he did, was the ultimate betrayal.\u201d \u2014 Maia Ermansons ( share&referer= Geoffrey Rush (/a/sexual-harassment-assault-allegations- list/geoffrey-rush) Actor Publicly reported November 30, 2017 Two former co-stars have said he subjected them to unwanted sexual comments and inappropriate behavior. Sources/more info: 1 ( 2 ( nytimes) \u201c[T]here was a small shaving mirror over the top of the partition between the showers and he was using it to look down at my naked body.\u201d \u2014 Yael Stone, actress ( smtyp=cur&smid=tw-nytimes) Jean-Claude Arnault (/a/sexual-harassment-assault- allegations-list/jean-claude-arnault) Photographer; influential Swedish cultural figure; husband of Swedish Academy member Publicly reported November 24, 2017 Multiple women have said he raped or sexually harassed them. He was convicted on two counts of rape in Sweden and sentenced to two and a half years in prison. The allegations caused the awarding of the Nobel Prize in Literature to be delayed. Sources/more info: 1 ( 2 ( 3 ( \u201c[T]here had been no flirtation or touch just found a hand up my crotch.\u201d \u2014 Gabriella H\u00e5kansson, author ( John Lasseter (/a/sexual-harassment-assault-allegations- list/john-lasseter) CEO, Pixar and Walt Disney Animation Studios Publicly reported November 21, 2017 Multiple people said he had a pattern of sexually harassing women. He has taken a leave of absence from Pixar. Sources/more info: 1 ( utm_source=twitter&utm_source=t.co&utm_medium=referral&utm_source=t.co&utm_medium=referral) 2 ( 1059594) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 27/79 \u201cHe hugged and hugged and everyone\u2019s looking at you. Just invading the space.\u201d \u2014 anonymous, to the Hollywood Reporter ( detailed-by-disney-pixar-insiders-1059594) Murray Miller (/a/sexual-harassment-assault-allegations- list/murray-miller) Writer, Girls Publicly reported November 17, 2017 woman has reported that he sexually assaulted her when she was 17 years old. Police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cAt some point woke up in Murray\u2019s bed naked. He was on top of me having sexual intercourse with me. At no time did consent to any sexual contact with Murray.\" \u2014 Aurora Perrineau, actress ( Sylvester Stallone (/a/sexual-harassment-assault-allegations- list/sylvester-stallone) Actor Publicly reported November 16, 2017 woman has reported that he and another man sexually assaulted her when she was 16. Sources/more info: 1 ( \u201cI\u2019m kind of scared and I\u2019m very ashamed don\u2019t want anybody else to have that happen to them, but don\u2019t want to prosecute.\u201d \u2014 anonymous, to police, according to the Daily Mail ( forcing-teen-threesome.html) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron- jeremy) Adult film actor Publicly reported November 15, 2017 Multiple women have reported that he raped or sexually assaulted them, or subjected them to unwanted touching. He has been dropped from at least two industry events. Sources/more info: 1 ( \u201cIt felt like he had preplanned this in his head, like he did this to everybody.\u201d \u2014 Lynsey G., journalist ( Andy Henry (/a/sexual-harassment-assault-allegations- list/andy-henry) Casting staff Publicly reported November 15, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 28/79 Multiple women say he told them to take off their clothes as part of what he described as an acting exercise. He was fired from the show and his firm in 2008 as a result of the reports, and placed on a leave of absence from his job in 2017 when the reports became public. Sources/more info: 1 ( \u201cIt really planted a seed in my head, that maybe wasn\u2019t good enough. Of, what did do wrong?\u201d \u2014 Catherine Black, actress ( disrobing-1058398) Jesse Lacey (/a/sexual-harassment-assault-allegations- list/jesse-lacey) Lead vocalist, guitarist, Brand New Publicly reported November 13, 2017 Two women have said he solicited explicit photos from them when they were minors, along with other sexually abusive behavior. The band has postponed upcoming shows. Sources/more info: 1 ( 2 ( misconduct-postpones-tour) 3 ( \u201cThis will definitely stay with me for the rest of my life.\u201d \u2014 Nicole Elizabeth Garey ( exploitation-of-minors/) Tom Sizemore (/a/sexual-harassment-assault-allegations- list/tom-sizemore) Actor Publicly reported November 13, 2017 Multiple cast and crew members have said he sexually abused a young girl on a film set, and he has been convicted of physically abusing and harassing an ex-girlfriend. Sources/more info: 1 ( 2 ( movie-set-in-2003-then-clicks-delete/) \u201cAt one point her eyes got just huge, like she could\u2019ve vomited was watching her.\u201d \u2014 Robyn Adamson, actress, describing the girl Sizemore allegedly abused ( sizemore-was-removed-movie-set-allegedly-violating-11-year-old-girl-1057629) Mark Schwahn (/a/sexual-harassment-assault-allegations- list/mark-schwahn) Showrunner, One Tree Hill and The Royals Publicly reported November 13, 2017 Multiple women have said he sexually harassed, manipulated, or made inappropriate comments to them while they worked on The Royals or One Tree Hill. He has been fired from The Royals. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 29/79 Sources/more info: 1 ( 2 ( 3 ( 4 ( wauchope-1202207461/) \u201cMany of us were spoken to in ways that ran the spectrum from deeply upsetting, to traumatizing, to downright illegal. And a few of us were put in positions where we felt physically unsafe.\u201d \u2014 18 female cast and crew members of One Tree Hill, in an open letter ( 1202614198/) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault- allegations-list/peter-aalbaek-jensen) Co-founder (with Lars von Trier), Zentropa production company Publicly reported November 12, 2017 Multiple women have reported that he groped them or helped create a hostile working environment. Sources/more info: 1 ( 2 ( 3 ( saw women being degraded. According to the Zentropa propaganda would be part of an \u2018alternative work culture\u2019, but in reality encountered an old-fashioned, patriarchal power structure.\u201d \u2014 Anna Mette Lundtofte, writer and journalist ( of-degradation-and-sexual-harassment) Eddie Berganza (/a/sexual-harassment-assault-allegations- list/eddie-berganza) Former editor Comics Publicly reported November 10, 2017 Multiple women have said he sexually harassed them. He has been fired. Sources/more info: 1 ( was physically ill from being stressed all the time and trying to hide it just felt like needed to get out, however could.\u201d \u2014 Liz Gehrlein Marsham, children's author ( utm_term=.wkWbqwBwk#.arwQAjRjW) Richard Dreyfuss (/a/sexual-harassment-assault-allegations- list/richard-dreyfuss) Actor Publicly reported November 10, 2017 woman has reported that he sexually harassed her over a period of years, once exposing himself to her. Sources/more info: 1 ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 30/79 \u201cHe created a very hostile work environment, where felt sexualized, objectified, and unsafe.\u201d \u2014 Jessica Teich, writer ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) Gary Goddard (/a/sexual-harassment-assault-allegations- list/gary-goddard) CEO, the Goddard Group Publicly reported November 10, 2017 Eight men have reported that he sexually abused them when they were minors. He has taken a leave of absence from the Goddard Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cMy vulnerability was exploited was molested by Goddard, my best friend was raped by him \u2014 and this went on for years.\u201d \u2014 Anthony Edwards, actor ( Andrew Kreisberg (/a/sexual-harassment-assault-allegations- list/andrew-kreisberg) Former showrunner, Supergirl, Arrow Publicly reported November 10, 2017 More than a dozen people who worked with him have said he had a pattern of sexual harassment, including unwanted kissing and touching. He has been fired by Warner Bros Group. Sources/more info: 1 ( 2 ( \u201cIt was an environment in which women \u2014 assistants, writers, executives, directors \u2014 were all evaluated based on their bodies, not on their work.\u201d \u2014 Anonymous male writer, to Variety ( 1202612522/) George Takei (/a/sexual-harassment-assault-allegations- list/george-takei) Actor Publicly reported November 10, 2017 man reported that Takei drugged and groped him. The accuser has since walked back most of the story. Sources/more info: 1 ( bftwnews&utm_term=.rnvvpkMzrM#.ohpvqj5O35) 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 31/79 just want him to apologize for taking advantage of our friendship.\u201d \u2014 Scott R. Brunton, former actor and model ( of-drugs-assault/) Steven Seagal (/a/sexual-harassment-assault-allegations- list/steven-seagal) Actor Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed or behaved threateningly toward them. Sources/more info: 1 ( 2 ( 3 ( 4 ( weinstein-scandal thought about like was the last girl that day. How many girls had to take off their clothes? How many girls had to do more?\u2019\u201d \u2014 Jenny McCarthy, actress ( 1202205465/) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis- c-k) Comedian Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed them, in some cases by masturbating in front of them wide release for his upcoming film and his standup special have been canceled; several media companies have ended their relationships with him. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was just actually sort of common knowledge in the comedy world. [\u2026] People made jokes about it all the time.\u201d \u2014 Rebecca Corry, comedian ( Matthew Weiner (/a/sexual-harassment-assault-allegations- list/matthew-weiner) Showrunner Publicly reported November 9, 2017 woman has reported that he sexually harassed her. Sources/more info: 1 ( 2 ( 3 ( 4 ( 1201895936/) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 32/79 had the Emmy, but instead of being able to use that as a launch pad for the rest of my career, it became an anchor because felt had to answer to speculative stories in the press eventually walked away instead of fighting back.\u201d \u2014 Kater Gordon, writer ( mad-men-1201895936/) Russell Simmons (/a/sexual-harassment-assault-allegations- list/russell-simmons) Music executive Publicly reported November 9, 2017 Multiple women have accused him of rape, sexual assault, or battery. He has stepped down from his companies. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( couldn\u2019t open the doors couldn\u2019t open the windows. The car was moving. The driver did not stop. He did not take me to 19th Street. He took me to your apartment.\u201d \u2014 Jenny Lumet, screenwriter ( guest-column-1062934) Robert Knepper (/a/sexual-harassment-assault-allegations- list/robert-knepper) Actor Publicly reported November 8, 2017 Multiple women have accused him of sexual assault. Sources/more info: 1 ( 2 ( 3 ( utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017-12- 05%2007:39:00_HLewis&utm_term=hollywoodreporter_breakingnews just sat there and cried for a while. My dress was torn was dirty.\u201d \u2014 Susan Bertram, costume designer ( veteran-costume-designer-1055914) Jeffrey Tambor (/a/sexual-harassment-assault-allegations- list/jeffrey-tambor) Actor Publicly reported November 8, 2017 Multiple women have reported that he sexually harassed or forcibly kissed them. He has left the show Transparent. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 33/79 \u201cGiven the journey and circumstances of my life was used to being treated as a sexual object by men \u2014 this one just happened to be famous.\u201d \u2014 Trace Lysette, actress ( Ed Westwick (/a/sexual-harassment-assault-allegations- list/ed-westwick) Actor Publicly reported November 7, 2017 Multiple women have accused him of sexual assault or rape. Several television shows have been postponed or have paused his involvement while police investigate. Sources/more info: 1 ( 2 ( 3 ( \u201cMy other friends and people around me told me it was best not to say anything, to not be \u2018that girl\u2019 and that no one would believe me.\u201d \u2014 Aur\u00e9lie Wynn, former actress ( utm_term=.pgNaQoboN#.geWag8w8K) Adam Venit (/a/sexual-harassment-assault-allegations- list/adam-venit) Agent Publicly reported November 3, 2017 man has reported that Venit sexually assaulted him. Venit was suspended for a month and has been demoted. Sources/more info: 1 ( 2 ( 3 ( \u201cThis whole thing with Harvey Weinstein is giving me PTSD. Why? Because this kind of thing happened to ME.\u201d \u2014 Terry Crews, actor ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2F executive-amid-harvey-weinstein-allegations) Danny Masterson (/a/sexual-harassment-assault-allegations- list/danny-masterson) Actor Publicly reported November 2, 2017 Multiple women have reported that he raped them. He has been written out of Netflix\u2019s The Ranch, and law enforcement has begun an investigation into the case. Sources/more info: 1 ( 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 34/79 \u201cAccording to a report filed with the Los Angeles Police Department, the woman said Masterson raped her while she was \u2018passed out,\u2019 and when she awoke and realized he was raping her, she struggled with him until he choked her and she passed out again.\u201d \u2014 Yashar Ali, HuffPost ( accusations_us_59fa8410e4b01b474048242a?9o4) Nick Carter (/a/sexual-harassment-assault-allegations- list/nick-carter) Lead singer, Backstreet Boys Publicly reported November 2, 2017 woman has reported that he sexually assaulted her in 2003. Prosecutors have declined to bring criminal charges because the statute of limitations has expired. Sources/more info: 1 ( 2 ( told him to stop, but he didn\u2019t.\u201d \u2014 Melissa Schuman, former singer ( Brett Ratner (/a/sexual-harassment-assault-allegations- list/brett-ratner) Producer, director Publicly reported November 1, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( 3 ( don\u2019t know how different would be today \u2014 less hardened, less jaded, more trusting, all those things \u2014 if it never happened.\u201d \u2014 Natasha Henstridge, actress ( allegations-article-1.3605363) Dustin Hoffman (/a/sexual-harassment-assault-allegations- list/dustin-hoffman) Actor Publicly reported November 1, 2017 Multiple women have said he sexually harassed or assaulted them. Sources/more info: 1 ( 2 ( 3 ( \u201cMy heart aches for the awkward virgin with the bad hair who had only been kissed three times in her life, laughing as the man her father\u2019s age talked about breasts and sex want to weep that she found this charming.\u201d \u2014 Anna Graham Hunter, writer ( guest-column-1053466) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 35/79 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy- dick) Actor and comedian Publicly reported October 31, 2017 Multiple people said he groped and harassed men and women on film sets. He has been fired from two films. Sources/more info: 1 ( 2 ( \u201cHe systematically went woman by woman and just said a bunch of gross things almost mechanically, robotically, and made every single one of them uncomfortable.\u201d \u2014 anonymous, to Vulture ( Jeremy Piven (/a/sexual-harassment-assault-allegations- list/jeremy-piven) Actor Publicly reported October 31, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( ran outside and hailed a cab and just burst into tears cried the entire way back to my hotel.\u201d \u2014 Tiffany Bacon Scourby, ad executive ( Kevin Spacey (/a/sexual-harassment-assault-allegations- list/kevin-spacey) Actor Publicly reported October 29, 2017 Multiple men have reported that he sexually harassed or assaulted them, or made sexual advances when they were underage. He has been fired from House of Cards and police are investigating. Sources/more info: 1 ( utm_term=.iu423zYw1Y#.nevrx9d73d) 2 ( 3 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 4 ( 5 ( 6 ( 7 ( 8 ( \u201cWhat he left me with, more than what he took from me, was a sense that deserved this. And that\u2019s the knot I\u2019m still untangling.\u201d \u2014 anonymous, to Vulture ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 36/79 Kirt Webster (/a/sexual-harassment-assault-allegations- list/kirt-webster) Publicist Publicly reported October 27, 2017 man has said Webster sexually assaulted him. Webster has stepped away from his firm. Sources/more info: 1 ( misconduct) 2 ( \u201cFor years was so ashamed, and since then, I\u2019ve overdosed once and I\u2019ve slit my wrists another time.\u201d \u2014 Austin Rick, former country singer ( exec-kirt-webster-of-sexual-misconduct) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken- baker) Senior correspondent News Publicly reported October 26, 2017 Two women have said he sexually harassed them. He is not appearing on air while investigates. Sources/more info: 1 ( 2 ( almost feel like it\u2019s a power trip. It\u2019s like can do these things.\u2018\u201d \u2014 anonymous, to the Wrap ( about-a-sex-toy/) Ethan Kath (/a/sexual-harassment-assault-allegations- list/ethan-kath) Co-founder, Crystal Castles Publicly reported October 24, 2017 former bandmate has reported that he raped and physically and psychologically abused her. Sources/more info: 1 ( \u201cIt has taken me years to recover from enduring almost a decade of abuse, manipulation and psychological control am still recovering.\u201d \u2014 Alice Glass, singer ( James Toback (/a/sexual-harassment-assault-allegations- list/james-toback) Director, screenwriter Publicly reported October 22, 2017 More than 200 women have reported unwanted touching or advances, including several who said he masturbated in front of them. He has been dropped by his agent. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 37/79 Sources/more info: 1 ( 2 ( 3 ( was shocked and frozen and didn\u2019t know what to do thought if resisted, it could get worse.\u201d \u2014 Terri Conn, actress ( story.html) David Blaine (/a/sexual-harassment-assault-allegations- list/david-blaine) Magician Publicly reported October 19, 2017 woman has reported that he raped her. Police are investigating. Sources/more info: 1 ( \u201cAfter this happened didn\u2019t want to go out, and didn\u2019t want to go to my castings wouldn\u2019t get the job because now was insecure.\u201d \u2014 Natasha Prince, art dealer ( Chris Savino (/a/sexual-harassment-assault-allegations- list/chris-savino) Animator; creator, The Loud House Publicly reported October 19, 2017 Multiple women have reported that he sexually harassed them or subjected them to unwanted advances or other inappropriate behavior. He has been fired. Sources/more info: 1 ( had an opportunity to work at Nickelodeon a long time ago and didn\u2019t take the job because knew he would be inside the studio.\u201d \u2014 anonymous, to Cartoon Brew ( allegedly-offered-animation-work-exchange-sexual-favors-154152.html) Bob Weinstein (/a/sexual-harassment-assault-allegations- list/bob-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 17, 2017 woman has said that he sexually harassed her over a period of months. Sources/more info: 1 ( \u201cHe didn\u2019t want a friendship. He wanted more than that.\u201d \u2014 Amanda Segel, showrunner ( Tyler Grasham (/a/sexual-harassment-assault-allegations- list/tyler-grasham) Former agent 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 38/79 Publicly reported October 17, 2017 Multiple men have said that he sexually assaulted them or made unwanted advances. He has been fired, and police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( told him no but he asked me to cuddle and kiss didn\u2019t want it to ruin my career, so did.\u201d \u2014 Brady Lindsey ( Lars von Trier (/a/sexual-harassment-assault-allegations- list/lars-von-trier) Director Publicly reported October 17, 2017 woman has accused him of a months-long pattern of sexual harassment. Sources/more info: 1 ( 2 ( didn\u2019t comply or agree on being sexually harassed. That was then portrayed as me being difficult. If being difficult is standing up to being treated like that, I\u2019ll own it.\u201d \u2014 Bj\u00f6rk, singer-songwriter ( Roy Price (/a/sexual-harassment-assault-allegations-list/roy- price) Former head, Amazon Studios Publicly reported October 12, 2017 woman has reported that he sexually harassed her. He has resigned from Amazon. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was shocking and surreal.\u201d \u2014 Isa Hackett, executive producer ( top-exec-roy-price-1048060?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017- 10-12%2014:27:54_ehayden&utm_term=hollywoodreporter_breakingnews) Oliver Stone (/a/sexual-harassment-assault-allegations- list/oliver-stone) Director Publicly reported October 12, 2017 One woman has reported that he groped her, while another said his behavior after a meeting made her uncomfortable. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2Fpeople.com%2Fmovies%2Fcarrie-stevens-harvey-weinstein-oliver-stone%2F) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 39/79 still remember the cocky grin on his face like he got away with something.\u201d \u2014 Carrie Stevens, model and actress ( misconduct) Ben Affleck (/a/sexual-harassment-assault-allegations- list/ben-affleck) Actor Publicly reported October 10, 2017 Two women have reported that he groped them. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F harvey-weinstein-sexual-harassment had to laugh back then so wouldn\u2019t cry.\u201d \u2014 Hilarie Burton, actress ( Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Rapper Publicly reported October 7, 2017 woman has reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cAfterward, Greene says she was screaming she wanted off the bus \u2026 and an entourage member pushed her off, and Nelly threw a $100 bill at her and said, \u2018Bye bye ( Harvey Weinstein (/a/sexual-harassment-assault-allegations- list/harvey-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 5, 2017 More than 80 women have reported that he sexually harassed, sexually assaulted, or raped them, in incidents dating back decades. He has been fired from the Weinstein Company. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cJust his body, his presence, his face, bring me back to the little girl that was when was twenty-one. [\u2026] When see him, it makes me feel little and stupid and weak.\u201d \u2014 Asia Argento, actress ( weinsteins-accusers-tell-their-stories) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 40/79 Hadrian Belove (/a/sexual-harassment-assault-allegations- list/hadrian-belove) Former executive managing director, Cinefamily Publicly reported August 23, 2017 woman has reported that he sexually harassed her, and others say he judged female employees on their looks and dated subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cWhen started volunteering was told he liked to test the new meat.\u201d \u2014 Karina Chacham, former volunteer, Cinefamily ( utm_term=.qfPWBKZkV#.enDOJrjZa) Shadie Elnashai (/a/sexual-harassment-assault-allegations- list/shadie-elnashai) Former vice president, Cinefamily board of directors Publicly reported August 23, 2017 Multiple people have said he inappropriately touched or pursued female subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cShadie doesn\u2019t watch the movies \u2014 he just hits on girls in the back.\u201d \u2014 anonymous, to BuzzFeed News ( Roman Polanski (/a/sexual-harassment-assault-allegations- list/roman-polanski) Director, producer, writer Publicly reported August 15, 2017 Multiple women have reported that he raped or sexually abused them when they were under 18. He has pleaded guilty to statutory rape. Sources/more info: 1 ( \u201cHow do know there aren\u2019t other victims? How do know that he\u2019s not still doing this?\u201d \u2014 Marianne Barnard, artist ( deserted-beach-10-years-old/) Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations- list/robert-r-kelly) Singer-songwriter Publicly reported July 17, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 41/79 Multiple people have accused him of controlling the sex lives and even eating habits of women who live in his properties. He was acquitted in 2008 of child pornography charges. His lawyer, publicist, and assistant have quit, and Spotify has stopped promoting his music. Sources/more info: 1 ( utm_term=.kpQrXj1YE1#.bjlVK6xdPx) 2 ( 3 ( 4 ( \u201cR. Kelly is the sweetest person you will ever want to meet. [\u2026] But Robert is the devil.\u201d \u2014 Asante McGee ( utm_term=.lyYOrOKpJ#.psgJKJazA) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 57 Les Moonves (/a/sexual-harassment-assault-allegations- list/les-moonves) Former Publicly reported August 6, 2018 Multiple women have said he sexually harassed or assaulted them. He has stepped down from CBS. Sources/more info: 1 ( 2 ( harassment-claims) 3 ( \u201cWhat happened to me was a sexual assault, and then was fired for not participating.\u201d \u2014 Illeana Douglas, actress and writer ( of-sexual-misconduct) Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations- list/kimberly-guilfoyle) Former Fox News host Publicly reported July 27, 2018 Multiple people have said she showed colleagues photographs of male genitals, discussed sexual matters at work, or was emotionally abusive. She has left Fox News. Sources/more info: 1 ( \u201cSix sources said Guilfoyle\u2019s behavior included showing personal photographs of male genitalia to colleagues (and identifying whose genitals they were)\u201d \u2014 Yashar Ali, HuffPost ( news_us_5b5a6064e4b0b15aba96f4de) Antonin Kratochvil (/a/sexual-harassment-assault-allegations- list/antonin-kratochvil) Photojournalist 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 42/79 Publicly reported July 16, 2018 Multiple people have said he harassed and groped them or others. He has resigned from the photo agency he helped found. Sources/more info: 1 ( 2 ( [\u2026] didn\u2019t say anything because didn\u2019t want to be seen as, you know, the cliched hysterical woman complaining about things.\u201d \u2014 Anastasia Taylor-Lind, photojournalist ( Christian Rodriguez (/a/sexual-harassment-assault-allegations- list/christian-rodriguez) Photojournalist Publicly reported July 16, 2018 Multiple women say he sexually harassed them, in many cases after offering them mentorship or a job. He has been dropped by the prestigious photographers' collective Prime. Sources/more info: 1 ( 2 ( \u201cHe jumped on the bed, he was on top of me, making pictures.\u201d \u2014 Lina Botero, photographer ( Tom Brokaw (/a/sexual-harassment-assault-allegations- list/tom-brokaw) Journalist; former anchor Nightly News Publicly reported April 26, 2018 Three women have said he made unwanted advances toward them in the 1990s. Sources/more info: 1 ( 2 ( 3 ( felt powerless to say no. He could ruin my career.\u201d \u2014 Linda Vester, former correspondent ( correspondent-1202789627/) Michael Ferro (/a/sexual-harassment-assault-allegations- list/michael-ferro) Former chair, Tronc Publicly reported March 19, 2018 Two women have said Ferro subjected them to unwanted kissing or touching in what they thought were business meetings. Others have said he behaved inappropriately with female employees. He has resigned from Tronc. Sources/more info: 1 ( suddenly realized that was alone in this apartment with him and that it might not be very easy to leave.\u201d \u2014 Kathryn Minshew, startup co-founder ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 43/79 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex- jones) Founder, Infowars Publicly reported February 28, 2018 woman has reported that he groped her, sexually harassed her, and made a racist comment toward her, as well as created a hostile work environment for other women. Sources/more info: 1 ( knew that he had specifically touched my behind at that moment as a sly come-on that other people may not notice.\u201d \u2014 Ashley Beckford, former production assistant, Free Speech Systems ( Infowars-employees-claim-Alex-Jones-harassed-them.html) Ryan Seacrest (/a/sexual-harassment-assault-allegations- list/ryan-seacrest host Publicly reported February 26, 2018 woman has reported that he sexually harassed and assaulted her, including groping her and grinding his genitals against her. Sources/more info: 1 ( \u201cAs proud as am and as strong as a woman as am, as smart as am and as much work as I\u2019ve done with therapists, it really affected me.\u201d \u2014 Suzie Hardy, stylist ( Daniel Zwerdling (/a/sexual-harassment-assault-allegations- list/daniel-zwerdling) Former investigative correspondent Publicly reported February 6, 2018 Multiple people have reported that he sexually harassed them or engaged in inappropriate behavior. He has retired from NPR. Sources/more info: 1 ( 2 ( sexual-misconduct-claim) \u201cNow I\u2019m literally afraid of men in the workplace.\u201d \u2014 anonymous, to Current ( Patrick Witty (/a/sexual-harassment-assault-allegations- list/patrick-witty) Photojournalist; former National Geographic photographer Publicly reported January 29, 2018 Multiple women say he subjected them to unwanted kissing or advances. He no longer works at National Geographic. Sources/more info: 1 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 44/79 \u201cIt felt like he didn\u2019t take me or my work seriously.\u201d \u2014 Andrea Wise, photographer and editor ( misconduct) Dayan Candappa (/a/sexual-harassment-assault-allegations- list/dayan-candappa) Chief content officer, Newsweek Media Group; former Americas editor, Reuters Publicly reported January 29, 2018 subordinate at Reuters reported that he repeatedly sexually harassed her. He was removed from his job at Reuters. Newsweek placed him on leave after the Reuters case became public, but reinstated him after an investigation. Sources/more info: 1 ( 2 ( \u201cThe next day in the office, he told her she was \u2018heartbreakingly beautiful,\u2019 according to the complaint.\u201d \u2014 Rossalyn Warren, BuzzFeed News ( utm_term=.unkPVGXGN#.beodeVlVa) Robert Moore (/a/sexual-harassment-assault-allegations- list/robert-moore) Former managing editor, New York Daily News Publicly reported January 22, 2018 Multiple former employees have said he sexually harassed co-workers. He has been fired. Sources/more info: 1 ( complaint) 2 ( 3 ( \u201cHe had all the power there.\u201d \u2014 anonymous, to HuffPost ( Ross Levinsohn (/a/sexual-harassment-assault-allegations- list/ross-levinsohn) Former publisher, Los Angeles Times Publicly reported January 18, 2018 He has been sued in two separate sexual harassment lawsuits. He was placed on unpaid leave at the Los Angeles Times, and then resigned. After an investigation cleared him, he was named of a new unit within the Times\u2019s parent company, Tronc. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cRoss created a definite frat boys' club [\u2026] They openly would rate women.\u201d \u2014 Jessie Dennen, former recruitment chief, Alta Vista ( behavior-trail-la-times-publisher-s-career) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 45/79 James Rosen (/a/sexual-harassment-assault-allegations- list/james-rosen) Former chief Washington correspondent, Fox News Publicly reported January 10, 2018 Multiple women have reported that he made unwanted advances toward them. He has left Fox News. Sources/more info: 1 ( \u201cIn a shared cab ride back from a meal, Rosen groped her, grabbing her breast. After she rebuffed his advance, Rosen sought to steal away her sources and stories related to his interests in diplomacy and national security.\u201d \u2014 David Folkenflik ( harassment-claims) Kevin Braun (/a/sexual-harassment-assault-allegations- list/kevin-braun) Former editor-in-chief News Publicly reported January 5, 2018 He has been placed on leave to complete treatment for inappropriate behavior, including sexual harassment. Sources/more info: 1 ( \u201cHe will be on an indefinite leave of at least six months to address personal matters that have negatively affected his relationship with the company and our staff.\u201d \u2014 Michael Witt, publisher News ( Steve Butts (/a/sexual-harassment-assault-allegations- list/steve-butts) Former editor-in-chief Publicly reported January 3, 2018 An employee has reported that he committed sexual harassment, and a former employee says he mishandled her report of sexual harassment by another co-worker. He has been fired. Sources/more info: 1 ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) \u201cHe told me, \u2018Don\u2019t be so uptight about it.\u2019\u201d \u2014 Kallie Plagge, editor ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) H. Brandt Ayers (/a/sexual-harassment-assault-allegations- list/h-brandt-ayers) Chair of the Consolidated Publishing Company, which publishes the Anniston Star Publicly reported January 1, 2018 Multiple women say he spanked them against their will when they worked with him at the Anniston Star in Anniston, Alabama. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 46/79 Sources/more info: 1 ( spanked/) 2 ( ac32-a7243e990784.html) 3 ( accused-of-spanking-female-employees-in-1970s/?utm_term=.edb39ca6070f was still determined to be a reporter after that. [\u2026] But hated Brandy Ayers with every cell in my body.\u201d \u2014 Veronica Pike Kennedy, former Anniston Star reporter ( assaulting-reporters-in-s/article_097db56a-ef17-11e7-ac32-a7243e990784.html) Adrian Carrasquillo (/a/sexual-harassment-assault-allegations- list/adrian-carrasquillo) Former White House correspondent, BuzzFeed News Publicly reported December 27, 2017 co-worker reported receiving an inappropriate message from him. He has been fired. Sources/more info: 1 ( 2017-12) 2 ( \u201cIn responding to a complaint filed last week by an employee, we learned that Adrian violated our Code of Conduct by sending an inappropriate message to a colleague.\u201d \u2014 BuzzFeed spokesperson, to Business Insider ( adrian-carrasquillo-following-harassment-claims-2017-12) Andrew Creighton (/a/sexual-harassment-assault-allegations- list/andrew-creighton) President, Vice Media Publicly reported December 23, 2017 woman said she was fired after she turned down a sexual relationship with him. He has been placed on leave. Sources/more info: 1 ( 2 ( \u201cThere is a toxic environment where men can say the most disgusting things, joke about sex openly, and overall a toxic environment where women are treated far inferior than men.\u201d \u2014 Sandra Miller, former head of branded production, Vice Media ( sexual-harassment.html?_r=0) Mike Germano (/a/sexual-harassment-assault-allegations- list/mike-germano) Chief digital officer, Vice Media Publicly reported December 23, 2017 Two women have reported that he made inappropriate comments or touched them inappropriately. He has been fired. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 47/79 \u201cMany women join at an early and vulnerable point in their career. For some, sexual harassment and conscious and unconscious prejudice have overshadowed their future in journalism and severely damaged their confidence.\u201d \u2014 Vice workers, in an open letter ( Rhys James (/a/sexual-harassment-assault-allegations- list/rhys-james) Producer, Vice Media Publicly reported December 23, 2017 woman reported that he made racist and sexist comments to her. He has been placed on leave. Sources/more info: 1 ( \u201cAmong Ms. Fuertes-Knight\u2019s claims were that a Vice producer, Rhys James, had made racist and sexist statements to her, including asking about the color of her nipples and whether she slept with black men.\u201d \u2014 Emily Steel, New York Times ( Jason Mojica (/a/sexual-harassment-assault-allegations- list/jason-mojica) Former head of Vice News Publicly reported December 23, 2017 Multiple women have reported that he subjected them to unwanted touching or advances, or retaliated after a sexual relationship. He has been fired. Sources/more info: 1 ( \u201cAs women, we get harassed everywhere and we don\u2019t feel compelled to report it because it\u2019s not considered a reportable offense.\" \u2014 Abby Ellis, journalist ( Don Hazen (/a/sexual-harassment-assault-allegations-list/don- hazen) Former executive editor, AlterNet Publicly reported December 21, 2017 Multiple women say he sexually harassed them. He has resigned. Sources/more info: 1 ( 2 ( utm_term=.xyMwBwRPo#.jmnP1PNaM) \u201cEvery in-person meeting had with him, which understood to be a requirement of my employment, felt like an excuse for him to sexually harass me.\u201d \u2014 Laura Gottesdiener, journalist ( utm_term=.prwXAXGVm&bftwnews#.sbX2J2Lqm) Leonard Lopate (/a/sexual-harassment-assault-allegations- list/leonard-lopate) Former radio host Publicly reported December 21, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 48/79 Multiple people say he made inappopriate comments or sexually harassed them. He has been fired. Sources/more info: 1 ( \u201cLeonard definitely said inappropriate things to me and my coworkers lot.\u201d \u2014 anonymous, to ( Jonathan Schwartz (/a/sexual-harassment-assault-allegations- list/jonathan-schwartz) Former radio host Publicly reported December 21, 2017 Two women say he made inappopriate comments to them, and one of them says he also touched her in an unwelcome way. He has been fired. Sources/more info: 1 ( \u201cIt wasn\u2019t the least bit traumatic. It was inappropriate.\u201d \u2014 Kerry Nolan, radio host ( Tavis Smiley (/a/sexual-harassment-assault-allegations- list/tavis-smiley) Host, Tavis Smiley Publicly reported December 13, 2017 Multiple people have said he had sexual relationships with subordinates and created an abusive and threatening environment. His show has been suspended. Sources/more info: 1 ( \u201cSome witnesses interviewed expressed concern that their employment status was linked to the status of a sexual relationship with Smiley.\u201d \u2014 Daniel Holloway, Variety ( Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan- lizza) Former reporter, New Yorker Publicly reported December 11, 2017 woman has said he engaged in sexual misconduct. He has been fired by the New Yorker. Sources/more info: 1 ( 2 ( \u201cOur client reported Mr. Lizza\u2019s actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims.\u201d \u2014 Douglas H. Wigdor, lawyer for the accuser ( _r=0) Marshall Faulk (/a/sexual-harassment-assault-allegations- list/marshall-faulk) Analyst Network; former player Publicly reported December 11, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 49/79 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cFaulk would ask Cantor \u2018deeply personal and invasive questions\u2019 about her sex life; he also fondled her breasts and groped her behind, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike- taylor) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cTaylor sent Cantor \u2018sexually inappropriate\u2019 pictures and a video of him masturbating in the shower, according to the filing.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Heath Evans (/a/sexual-harassment-assault-allegations- list/heath-evans) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cIt\u2019s outrageous conduct.\u201d \u2014 Laura Horton, lawyer for Jami Cantor, a former Network stylist who is alleging sexual harassment ( Eric Weinberger (/a/sexual-harassment-assault-allegations- list/eric-weinberger) President, the Ringer; former Network executive producer Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Ringer. Sources/more info: 1 ( \u201cWeinberger sent \u2018several nude pictures of himself and sexually explicit texts\u2019 and told Cantor she was \u2018put on earth to pleasure me,\u2019 according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 50/79 Donovan McNabb (/a/sexual-harassment-assault-allegations- list/donovan-mcnabb) Analyst, ESPN; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by ESPN. Sources/more info: 1 ( \u201cDonovan McNabb, a former analyst, also texted her explicit comments, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Tom Ashbrook (/a/sexual-harassment-assault-allegations- list/tom-ashbrook) Former radio host Publicly reported December 8, 2017 More than 20 current and former employees have said he verbally abused or intimidated them, or subjected them to unwanted touching. After an investigation, he has been fired. Sources/more info: 1 ( 2 ( 3 ( 4 ( worry that Tom\u2019s behavior discourages young women from continuing in journalism.\" \u2014 anonymous, to ( Dylan Howard (/a/sexual-harassment-assault-allegations- list/dylan-howard) Editor, National Enquirer, Us Weekly, and other publications Publicly reported December 6, 2017 Multiple former employees said he sexually harassed women at work. Sources/more info: 1 ( \u201cIt\u2019s almost like had Stockholm syndrome.\u201d \u2014 anonymous, to the ( Lorin Stein (/a/sexual-harassment-assault-allegations- list/lorin-stein) Former editor, Paris Review Publicly reported December 6, 2017 Multiple people have said he made unwanted advances on them, fostered a workplace culture in which looks mattered more than work, or had sex with subordinates. He has resigned. Sources/more info: 1 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 51/79 \u201cHe wanted us to be pretty, he wanted us to act that role, and if we didn\u2019t, we weren\u2019t in the light of favor.\u201d \u2014 Deirdre Foley-Mendelssohn, editor ( smid=tw-share&_r=0) John Hockenberry (/a/sexual-harassment-assault-allegations- list/john-hockenberry) Retired radio host Publicly reported December 1, 2017 Multiple women have said he sexually harassed them or sent unwanted sexual or suggestive messages. He has retired. Sources/more info: 1 ( \u201cHe\u2019d been very supportive of me, and thought he\u2019d only been like that because he wanted to sleep with me.\u201d \u2014 anonymous, to the Cut ( Matt Lauer (/a/sexual-harassment-assault-allegations- list/matt-lauer) Former anchor, Today show Publicly reported November 29, 2017 Multiple women have reported that he sexually harassed or assaulted them, including one who said she passed out during an assault. He has been fired from NBC. Sources/more info: 1 ( utm_term=.rsDwWBw6x#.smoOjYO5Z) 2 ( 3 ( action=Click&contentCollection=BreakingNews&contentID=66154191&pgtype=Homepage&_r=0) \u201cHe couldn\u2019t sleep around town with celebrities or on the road with random people, because he\u2019s Matt Lauer and he\u2019s married. So he\u2019d have to do it within his stable, where he exerted power, and he knew people wouldn\u2019t ever complain.\u201d \u2014 anonymous, to Variety ( Garrison Keillor (/a/sexual-harassment-assault-allegations- list/garrison-keillor) Founding host Prairie Home Companion Publicly reported November 29, 2017 woman reported that he subjected her to unwanted sexual touching. He has been dropped by Minnesota Public Radio and the Washington Post syndicate. Sources/more info: 1 ( 2 ( compa) 3 ( stand-out/?utm_term=.861a89aa22f1) 4 ( simply-touching-a-womans-bare-back/?utm_term=.a40b5a33fa3a) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 52/79 \u201cMinnesota Public Radio (MPR) is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him.\u201d \u2014 Minnesota Public Radio statement ( garrison-keillor-and-a-prairie-home-compa) Charlie Rose (/a/sexual-harassment-assault-allegations- list/charlie-rose) Former anchor This Morning; former host, Charlie Rose Publicly reported November 20, 2017 Multiple women have said that he sexually harassed them. He has been fired by CBS, PBS, and Bloomberg. Sources/more info: 1 ( and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.879296022b7a) 2 ( accusations-n822691) \u201cEverybody is terrified of him. [\u2026] He creates this environment of constant fear. And then he\u2019ll shine a spotlight on you and make you feel amazing.\u201d \u2014 anonymous, to the Washington Post ( harassed-them--with-nudity-groping-and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html? utm_term=.aa939cb97a9d) Glenn Thrush (/a/sexual-harassment-assault-allegations- list/glenn-thrush) Reporter, New York Times Publicly reported November 20, 2017 Multiple women have said that he made unwanted advances toward them. He was suspended by the New York Times and removed from the White House beat. Sources/more info: 1 ( 2 ( hate feeling obligated to make him think think everything is fine. [\u2026] It\u2019s been this thing hanging over me feel like have to be nice to this person just because he knows people.\u201d \u2014 anonymous, to Vox ( Matt Zimmerman (/a/sexual-harassment-assault-allegations- list/matt-zimmerman) Former executive News Publicly reported November 16, 2017 Multiple people have said he pursued relationships with young women who worked with him, and sent inappropriate text messages. He has been fired. Sources/more info: 1 ( 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 53/79 \u201cWe have recently learned that Matt Zimmerman engaged in inappropriate conduct with more than one woman at NBCU, which violated company policy. As a result, he has been dismissed News spokesperson ( claims-1058026) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj- larsen) Former bureau chief, Vice Publicly reported November 15, 2017 woman has reported that he subjected her to unwanted touching and inappropriate sexual comments. He is no longer at the company. Sources/more info: 1 ( \u201cIt felt like a threat. [\u2026] The way he looked at me, the way he grabbed my arm remember feeling scared.\u201d \u2014 Phoebe Barghouty, former Vice associate producer ( vice-of-toxic-sexual-harassment-culture) Vince Ingenito (/a/sexual-harassment-assault-allegations- list/vince-ingenito) Former editor Publicly reported November 13, 2017 woman has reported that he sexually harassed her and a female co-worker. In March, he said he had been laid off. Sources/more info: 1 ( \u201cIt got to the point where couldn\u2019t work for multiple hours a day because was having panic attacks, so decided to quit.\u201d \u2014 Kallie Plagge, editor ( Jann Wenner (/a/sexual-harassment-assault-allegations- list/jann-wenner) Publisher, Rolling Stone Publicly reported November 10, 2017 Multiple people have said he sexually harassed or assaulted them or subjected them to unwanted advances or touching. Sources/more info: 1 ( 2 ( hadn\u2019t known exactly how violating sexual harassment really was until felt the pull inside myself as he dangled that contract in front of my face (at the time was quite desperate for work), while on the other hand was filled with revulsion over his proposition.\u201d \u2014 Ben Ryan, writer ( Michael Hafford (/a/sexual-harassment-assault-allegations- list/michael-hafford) Freelance writer; former \"Male Feminist\" columnist at Broadly, a Vice Media site 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 54/79 Publicly reported November 3, 2017 Multiple women have reported that he raped or abused them. He has been banned from contributing to Vice websites. Sources/more info: 1 ( think was in very deep denial that somebody who everybody knows and likes his writing would be capable of hurting me that much.\u201d \u2014 Helen Donahue, former Vice writer and social media editor ( allegatio-1819266286) David Corn (/a/sexual-harassment-assault-allegations- list/david-corn bureau chief, Mother Jones Publicly reported November 2, 2017 Multiple people have said he engaged in inappropriate workplace behavior, including unwanted touching and rape jokes. Mother Jones investigated previous reports, and did so again when new information surfaced, finding no misconduct. Sources/more info: 1 ( \u201cIn the summer and fall of 2014, some women staffers reported that they had quit pitching stories involving rape because David\u2019s reactions made them so uncomfortable.\u201d \u2014 a former Mother Jones staffer ( 244482) Michael Oreskes (/a/sexual-harassment-assault-allegations- list/michael-oreskes) Former senior vice president of news and editorial director, NPR; former editor, New York Times Publicly reported October 31, 2017 Multiple women have reported that he sexually harassed them. He has resigned from NPR. Sources/more info: 1 ( women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) 2 ( \u201cThe worst part of my whole encounter with Oreskes wasn\u2019t the weird offers of room service lunch or the tongue kiss but the fact that he utterly destroyed my ambition.\u201d \u2014 anonymous, to the Washington Post ( harassment-by-two-women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) Hamilton Fish (/a/sexual-harassment-assault-allegations- list/hamilton-fish) Former publisher, the New Republic; former president, the Nation Institute Publicly reported October 29, 2017 Multiple people said he subjected female employees to inappropriate remarks, touching, and unfair treatment. He has resigned from the New Republic. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 55/79 \u201cIt all took place against a backdrop where there was no personnel handbook and no one in an role.\u201d \u2014 anonymous, to HuffPost ( women_us_59f79183e4b0c0c8e67c258e) Mark Halperin (/a/sexual-harassment-assault-allegations- list/mark-halperin) Political journalist and author Publicly reported October 25, 2017 Multiple women have reported that he sexually harassed them, in some cases by pressing his genitals against them. He has been dismissed by News and MSNBC, and a book and project have been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cFor the last 11 years have had to watch this guy find success in every other news organization.\u201d \u2014 anonymous, to ( Leon Wieseltier (/a/sexual-harassment-assault-allegations- list/leon-wieseltier) Former literary editor, the New Republic; founding editor, Idea Journal of Politics and Culture Publicly reported October 24, 2017 Multiple women have said he sexually harassed them. The magazine he was to head has been shuttered. Sources/more info: 1 ( 2 ( 3 ( 4 ( didn\u2019t feel like there was ever any recourse for his behavior, because he was treated as a powerful, even untouchable, person, certainly more important and indispensable than me.\u201d \u2014 Katherine Marsh, writer ( Knight Landesman (/a/sexual-harassment-assault-allegations- list/knight-landesman) Former publisher, Artforum Publicly reported October 24, 2017 Multiple women and men have accused him of sexual harassment or unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( \u201cWhenever I\u2019d see him my body would contract in fear so started avoiding him.\u201d \u2014 anonymous ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 56/79 Lockhart Steele (/a/sexual-harassment-assault-allegations- list/lockhart-steele) Former editorial director, Vox Media Publicly reported October 20, 2017 former employee has reported unwanted kissing and touching by him. He has been fired. Sources/more info: 1 ( 2 ( \u201c[S]uddenly, in the dark corner of the car, he was kissing my neck.\u201d \u2014 Eden Rohatensky, developer ( fucking-creeps-119f0cbd3f07) Harry Knowles (/a/sexual-harassment-assault-allegations- list/harry-knowles) Founder, Ain't It Cool News Publicly reported September 23, 2017 Multiple women have reported that he sexually harassed or assaulted them. He has stepped down from Ain\u2019t It Cool News. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHarry sexually harassed me. He has sexually harassed other women in this community for years. This wasn\u2019t an anomaly. He is a predator.\u201d \u2014 Britt Hayes, film writer ( ) Charles Payne (/a/sexual-harassment-assault-allegations- list/charles-payne) Host, Fox Business; contributor, Fox News Publicly reported September 18, 2017 woman says that he raped her, and that Fox retaliated against her when she reported the experience. Payne was suspended but has returned to work following an investigation. Sources/more info: 1 ( _r=0&referer= 2 ( \u201cIn July of 2013 was raped by Charles Payne. [\u2026] In July of 2017 was raped again by Fox News.\u201d \u2014 Scottie Nell Hughes, political commentator ( payne.html?_r=0&referer= Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric- bolling) Former host, Fox News Publicly reported August 4, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 57/79 Multiple people say he sent unsolicited photos of male genitals to at least 3 colleagues. He has left Fox News, and his show has been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cThe women did not solicit the messages, which they told colleagues were deeply upsetting and offensive.\u201d \u2014 Yashar Ali, HuffPost ( messages_us_5984d2bbe4b0cb15b1be6d65?hd6) Sean Hannity (/a/sexual-harassment-assault-allegations- list/sean-hannity) Host, Fox News Publicly reported April 21, 2017 former Fox News guest has said he asked her to come back to his hotel, and did not invite her back on his show after she refused. Sources/more info: 1 ( 2 ( 3 ( \u201cAfter said wouldn\u2019t go to his hotel was blacklisted from Fox News.\u201d \u2014 Debbie Schlussel, lawyer and blogger ( harassment-claim-n750211) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill- o-reilly) Former host, Fox News Publicly reported April 1, 2017 Multiple women have said he sexually harassed them. He has been fired from Fox News. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was like street harassment in the office.\u201d \u2014 Perquita Burgess, former Fox temp worker ( sexual-harassment-995841) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 18 Andy Rubin (/a/sexual-harassment-assault-allegations- list/andy-rubin) Former Google executive Publicly reported October 25, 2018 Google employee accused him of coercing her into oral sex, and a company investigation found her claim credible, according to two Google executives. He resigned from Google in 2014 with a $90 million exit package. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 58/79 Sources/more info: 1 ( \u201cShe agreed to meet him at a hotel, where she said he pressured her into oral sex.\u201d \u2014 New York Times ( Richard DeVaul (/a/sexual-harassment-assault-allegations- list/richard-devaul) Google executive Publicly reported October 25, 2018 woman whom DeVaul had interviewed for a job says he invited her to what she thought was a professional meeting, then asked her to take off her shirt and offered her a back rub. He has apologized for an \u201cerror of judgment,\u201d and Google has taken unspecified \u201ccorrective action.\u201d Sources/more info: 1 ( didn\u2019t have enough spine or backbone to shut that down as a 24-year-old.\u201d \u2014 Star Simpson, engineer ( Amit Singhal (/a/sexual-harassment-assault-allegations- list/amit-singhal) Former Google executive Publicly reported October 25, 2018 An employee said that he groped her, according to three people briefed on the incident. He resigned and received an exit package worth millions of dollars, they said. Sources/more info: 1 ( \u201cIn 2015, an employee said Mr. Singhal groped her at a boozy off-site event attended by dozens of colleagues, said three people who were briefed on the incident.\u201d \u2014 New York Times ( Demos Parneros (/a/sexual-harassment-assault-allegations- list/demos-parneros) Former CEO, Barnes & Noble Publicly reported August 28, 2018 former employee said he sexually harassed her. He was fired for this and other violations of company policies, according to Barnes & Noble. Sources/more info: 1 ( [Parneros was] \u201cterminated for sexual harassment, bullying behavior and other violations of company policies.\u201d \u2014 Barnes & Noble board of directors ( lawsuit.html) Terdema Ussery (/a/sexual-harassment-assault-allegations- list/terdema-ussery) Former president and CEO, Dallas Mavericks; former president of global sports, Under Armour Publicly reported February 20, 2018 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 59/79 Multiple women say he subjected them to unwanted advances or touching, or other inappropriate behavior, while they worked for the Mavericks or Under Armour. Sources/more info: 1 ( 2 ( felt trapped, frozen, scared.\u201d \u2014 anonymous, to Sports Illustrated ( cuban-response) Steve Wynn (/a/sexual-harassment-assault-allegations- list/steve-wynn) Founder, Wynn Resorts; former finance chair, Republican National Committee Publicly reported January 27, 2018 Dozens of people have said that he pressured female employees to perform sex acts, exposed himself, or engaged in unwanted touching. He has resigned from the and from Wynn Resorts. Sources/more info: 1 ( 1516985953) 2 ( 3 ( was not brave enough to say, \u2018How dare you?\u2019\u201d \u2014 Shawn Cardinal, former personal assistant to Wynn's ex-wife ( of-sexual-misconduct-by-las-vegas-mogul-steve-wynn-1516985953) Max Ogden (/a/sexual-harassment-assault-allegations- list/max-ogden) Computer programmer; executive director, Code for Science & Society Publicly reported December 15, 2017 former partner reported that Ogden was sexually abusive, controlling, and coercive. Ogden has stepped down from leadership roles with Code for Science & Society and the Dat Project. Sources/more info: 1 ( 2 ( 3 ( think \u2014 all the time \u2014 about my silence. How it protected him while he abused me & protects him now.\u201d \u2014 Jessica Lord, web developer ( Harold Ford Jr. (/a/sexual-harassment-assault-allegations- list/harold-ford-jr) Former managing director and senior client relationship manager, Morgan Stanley; former representative (D-TN) Publicly reported December 7, 2017 woman has reported that he sexually harassed and intimidated her. He has been fired from Morgan Stanley, but the bank now says he was not fired for sexual misconduct. Sources/more info: 1 ( 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 60/79 \u201cThe woman alleged that Ford engaged in harassment, intimidation, and forcibly grabbed her one evening in Manhattan, leading her to seek aid from a building security guard.\u201d \u2014 Yashar Ali, HuffPost ( psa) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam- isaly) Co-founder, managing partner, OrbiMed Publicly reported December 5, 2017 Multiple people have reported that he sexually harassed female employees. He announced plans to retire. Sources/more info: 1 ( 2 ( harassment-allegations/933808001/) 3 ( 4 ( \u201cIt was like a fact of life that everyone had to accept. Sam just did what he could get away with.\u201d \u2014 Yanping Ren, former OrbiMed intern ( Shervin Pishevar (/a/sexual-harassment-assault-allegations- list/shervin-pishevar) Venture capitalist; co-founder, Sherpa Capital Publicly reported November 30, 2017 Multiple woman say he sexually assaulted or harassed them. He has resigned from Sherpa Capital. Sources/more info: 1 ( multiple-women) 2 ( wanted to get career advice, and it was twisted into something else.\u201d \u2014 anonymous, to Bloomberg ( sexual-misconduct-by-multiple-women) Howie Rubin (/a/sexual-harassment-assault-allegations- list/howie-rubin) Former portfolio manager, Soros Fund Management Publicly reported November 3, 2017 Three women have reported that he raped and beat them. Sources/more info: 1 ( 2 ( \u201cWhile arrogance and self-import may convince certain men otherwise, neither money nor power gives any person the right to victimize a woman.\u201d \u2014 Jeremy Saland, a lawyer for one of the women ( women-in-penthouse-dungeon/) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 61/79 Caleb Jennings (/a/sexual-harassment-assault-allegations- list/caleb-jennings) Former lead Chicago organizer, Fight for 15 (SEIU) Publicly reported October 24, 2017 Multiple staffers reported that he had a sexist attitude and physically assaulted a female staffer, who was later fired criminal court found him not guilty of assault. He has been fired. Sources/more info: 1 ( \u201cThe sexist and aggressive attitude of Caleb Jennings has created a toxic environment and fear inside the office of the FF15.\u201d \u2014 four Chicago organizers, in an email to SEIU's president ( utm_term=.loVMKgYgn#.fke9KO0OA) Robert Scoble (/a/sexual-harassment-assault-allegations- list/robert-scoble) Blogger; co-founder, the Transformation Group Publicly reported October 19, 2017 Multiple women have reported that he sexually assaulted or harassed them. He has resigned from the Transformation Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( allegations/789071001/) \u201cIt made me sick to work with him, but also he was offering so much help. [\u2026] As women we sometimes have to make tough choices. Do want to call him out, or do want to advance my career?\u201d \u2014 anonymous, to TechCrunch ( women-after-going-sober/) Scott Courtney (/a/sexual-harassment-assault-allegations- list/scott-courtney) Former executive vice president, Service Employees International Union (SEIU) Publicly reported October 19, 2017 Multiple people have said he had a history of relationships with young female staffers, who were later promoted. He has resigned. Sources/more info: 1 ( 2 ( \u201cQuestions were raised about Executive Vice President Scott Courtney relating to a romantic relationship between a staff person and a supervisor.\u201d \u2014 Mary Kay Henry international president ( utm_term=.kamE9wKw5#.wbXe01w1v) Chris Sacca (/a/sexual-harassment-assault-allegations- list/chris-sacca) Retired venture capital investor 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 62/79 Publicly reported June 30, 2017 woman reported that he touched her face without her consent. Sources/more info: 1 ( 2 ( \u201cThere is such a massive imbalance of power that women in the industry often end up in distressing situations.\u201d \u2014 Susan Wu, entrepreneur and investor ( sexual-harassment.html?_r=0) Dave McClure (/a/sexual-harassment-assault-allegations- list/dave-mcclure) Investor; co-founder, 500 Startups Publicly reported June 30, 2017 woman has reported that he sexually assaulted her, and another says he made an unwanted advance. He has said he made inappropriate advances to multiple women and has resigned from 500 Startups. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt\u2019s the worst position to be in when you feel helpless about something you know was outright wrong.\u201d \u2014 Cheryl Yeoh, entrepreneur ( Justin Caldbeck (/a/sexual-harassment-assault-allegations- list/justin-caldbeck) Co-founder, former managing partner, Binary Capital Publicly reported June 24, 2017 Multiple women have said he made unwanted advances toward them. He has resigned from Binary Capital. Sources/more info: 1 ( 2 ( \u201cWhile we\u2019re happy that he apologized and we\u2019re happy especially for the support of the amazing women and men, our strong preference would have been to not be in this position to begin with.\u201d \u2014 Leiti Hsu, co-founder of the startup Journy ( making-unwanted-advances/) Travis Kalanick (/a/sexual-harassment-assault-allegations- list/travis-kalanick) Founder, Uber Publicly reported June 17, 2017 female employee has said he visited a bar with escort services, along with her and other employees, making her uncomfortable. Multiple employees also reported discrimination, sexual harassment, and a toxic environment at the company. Kalanick has resigned. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 63/79 Sources/more info: 1 ( 2 ( 3 ( \u201cEvery time something ridiculous happened, every time a sexist email was sent, I\u2019d sent a short report to just to keep a record going.\u201d \u2014 Susan J. Fowler, former Uber engineer ( uber ) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 46 Eric Bauman (/a/sexual-harassment-assault-allegations- list/eric-bauman) Former chair, California Democratic Party Publicly reported November 28, 2018 Multiple people say he made sexually explicit comments in the workplace and other professional settings, and engaged in unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( felt really embarrassed, almost ashamed, and uncomfortable.\u201d \u2014 Grace Leekley, temporary party staffer ( 20181128-story.html) Albert J. Alvarez (/a/sexual-harassment-assault-allegations- list/albert-j-alvarez) Former chief of staff, New Jersey Schools Development Authority Publicly reported October 10, 2018 woman has said he sexually assaulted her when they both worked on New Jersey Gov. Phil Murphy\u2019s campaign. He has resigned from his position with the New Jersey schools. Sources/more info: 1 ( criminal-allegation-642671?mod=article_inline) 2 ( straight up said: \u2018This is not consensual.\u2019\u201d \u2014 Katie Brennan, chief of staff, New Jersey Housing and Mortgage Finance Agency ( assault-accusation-in-new-jersey-exposes-a-national-dilemma-1539542172) Charles Schwertner (/a/sexual-harassment-assault-allegations- list/charles-schwertner) Texas state senator (R-Georgetown) Publicly reported September 25, 2018 graduate student at Austin said he sent her an explicit text message Austin investigation found it was \u201cplausible\u201d that a third party had sent the message, though Schwertner did not fully cooperate with the investigation. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 64/79 Sources/more info: 1 ( misconduct-claim/asnidSImg1fcb2FNBZ8iCO/) 2 ( \u201cPlease stop the inappropriate texts, it is unprofessional.\u201d \u2014 anonymous, graduate student, in a message to Schwertner ( related-investigation-charles-schwertner/) Brett Kavanaugh (/a/sexual-harassment-assault-allegations- list/brett-kavanaugh) Supreme Court justice Publicly reported September 14, 2018 woman has said he sexually assaulted her, another has said he thrust his genitals in her face without her consent, and others have said they witnessed abusive or inappropriate behavior by him. After a hearing and investigation into some of the allegations, he was confirmed to the Supreme Court. Sources/more info: 1 ( kavanaugh-stirs-tension-among-democrats-in-congress) 2 ( about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html) 3 ( supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez) 4 ( 5 ( thought that Brett was accidentally going to kill me.\u201d \u2014 Christine Blasey Ford, psychology professor ( statement-for-senate-hearing) David Keyes (/a/sexual-harassment-assault-allegations- list/david-keyes) Former spokesperson for Prime Minister Benjamin Netanyahu of Israel Publicly reported September 11, 2018 woman has said he sexually assaulted her, and three others have said he tried to bully them into sex. He has resigned as Netanyahu\u2019s spokesperson. Sources/more info: 1 ( \u201cIt was completely nonconsensual.\u201d \u2014 Julia Salazar, New York state Senate candidate ( israel.html) Tom Frieden (/a/sexual-harassment-assault-allegations- list/tom-frieden) Former director, Centers for Disease Control and Prevention Publicly reported August 24, 2018 woman reported that he groped her. He has been charged with sexual abuse, forcible touching, and harassment. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 65/79 Sources/more info: 1 ( idUSKCN1L91PV) 2 ( saw his face again and realized all this man had been doing was protecting himself.\u201d \u2014 the woman who has reported that Frieden groped her ( busted-groping-20180824-story.html) Nick Sauer (/a/sexual-harassment-assault-allegations- list/nick-sauer) Former state representative, Illinois (R-51st district) Publicly reported August 1, 2018 An ex-girlfriend has said he posted nude photos of her on a fake Instagram account without her consent. He has resigned. Sources/more info: 1 ( 2 ( \u201cNick would use [a fake Instagram account] to direct message men with my photos to engage in graphic conversations of a sexual nature.\u201d \u2014 Kate Kelly, ex-girlfriend of Nick Sauer ( Corey Coleman (/a/sexual-harassment-assault-allegations- list/corey-coleman) Former personnel chief, Federal Emergency Management Agency Publicly reported July 30, 2018 He is under investigation in connection with allegations that he sexually harassed an employee and created an environment in which women were hired as possible sex partners for male employees. He has resigned from FEMA. Sources/more info: 1 ( employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) 2 ( complaints/2018/08/02/52d9785e-964f-11e8-810c-5fa705927d54_story.html?utm_term=.b182fd5f90b3) \u201cWhat we uncovered was a systemic problem going back years.\u201d \u2014 William \"Brock\" Long administrator ( some-as-possible-sexual-partners-for-male-employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1- 00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel- watt) Director, Federal Housing Finance Agency (Democrat) Publicly reported July 27, 2018 An employee has said he sexually harassed her. He is under investigation. Sources/more info: 1 ( metoo-story/?utm_term=.6010e94fbbba) 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 66/79 felt vulnerable and unsafe.\u201d \u2014 Simone Grimes, supervisory program management analyst ( watches-kavanaugh-senate-hearing-house-will-hear-another-metoo-story/?utm_term=.6010e94fbbba) Curtis Hill (/a/sexual-harassment-assault-allegations- list/curtis-hill) Attorney general, Indiana (Republican) Publicly reported July 2, 2018 lawmaker, two staffers, and another woman have said he touched them inappropriately. He is under criminal investigation. Sources/more info: 1 ( 2 ( hill/868706002/) 3 ( appointed/826870002/) \u201c[H]e grabbed my hand and moved both of our hands over my butt, lingering there before releasing me.\u201d \u2014 Niki DaSilva, Indiana state Senate aide ( memo-detailing-allegations-against-hill/868706002/) Eric Schneiderman (/a/sexual-harassment-assault-allegations- list/eric-schneiderman) Former attorney general, New York (D) Publicly reported May 7, 2018 Multiple women have said he physically abused them, in some cases during sex. He has resigned. After an investigation, prosecutors announced he would not face criminal charges. Sources/more info: 1 ( 2 ( 3 ( \u201cTaking a strong woman and tearing her to pieces is his jam.\u201d \u2014 Michelle Manning Barish, writer and activist ( attorney-general-of-physical-abuse) Clay Johnson (/a/sexual-harassment-assault-allegations- list/clay-johnson) Political technoogy expert; former lead programmer, Howard Dean campaign Publicly reported May 4, 2018 Two women have said he sexually assaulted them, and others have said he made inappropriate sexual comments. Sources/more info: 1 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 67/79 \u201c[B]efore could say anything, the next thing remember is was pinned on his bed.\u201d \u2014 Sarah Schacht, former Howard Dean campaign staffer ( dean-campaign_us_5aebb6d7e4b0c4f1932090ac?pdb) Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations- list/tony-cardenas representative (D-CA) Publicly reported April 27, 2018 woman has sued, alleging that an unnamed elected official sexually assaulted her when she was a teenager. C\u00e1rdenas has confirmed he is the subject of the suit, though he denies the allegations. Sources/more info: 1 ( 2 ( abuse/2018/05/03/0f2ef7d8-4f04-11e8-af46-b1d6dc0d9bfe_story.html?utm_term=.2d65cb07fae2) \u201cThe suit alleges sexual battery, assault and intentional infliction of emotional distress.\u201d \u2014 Dakota Smith, Los Angeles Times ( Benton Strong (/a/sexual-harassment-assault-allegations- list/benton-strong) Former associate director for communications, Center for American Progress Action Fund; former employee, Seattle Office of Sustainability and Energy Publicly reported April 23, 2018 Two women have reported that he made inappropriate comments or sent unwanted, sexually explicit text messages. Another woman reported that he harassed and assaulted her after a breakup in college. He has resigned from his job with the city of Seattle. Sources/more info: 1 ( utm_term=.ovxDYDMne#.vp8QvQOwn surely expected better out of an organization that housed a national campaign on sexual assault.\u201d \u2014 Mary, in a memo to ( utm_term=.ovxDYDMne#.vp8QvQOwn) Benjamin Sparks (/a/sexual-harassment-assault-allegations- list/benjamin-sparks) Political adviser Publicly reported April 4, 2018 Sparks\u2019s ex-fianc\u00e9e has said that he sexually enslaved and battered her. He has been fired from the consulting firm where he was the political affairs director and has been charged with misdemeanor domestic battery. Sources/more info: 1 ( her-his-sex-slave/) 2 ( woman-his-sex-slave/) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 68/79 \u201cOver the last month it escalated into very rough sex where he\u2019d actually hurt me.\" \u2014 anonymous, to the Las Vegas Review-Journal ( says-las-vegas-gop-campaign-adviser-made-her-his-sex-slave/) Nicholas Kettle (/a/sexual-harassment-assault-allegations- list/nicholas-kettle) Former Rhode Island state senator (R-Coventry) Publicly reported February 19, 2018 He has been charged with video voyeurism for allegedly sending nude photos of a woman without her knowledge, and with extorting sex from a teenage state House page. He has resigned. Sources/more info: 1 ( 2 ( house-page) 3 ( \u201cMr. Kettle stated that he needed to be \u2018stealthy\u2019 and was asking [the friend] for advice on how to take a video without [his girlfriend] knowing.\u201d \u2014 Robert Hopkins, Rhode Island state police detective ( girlfriend-to-married-friend/?utm_medium=social&utm_source=twitter_StephMachado) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed- crane) Co-founder, Cato Institute Publicly reported February 8, 2018 Multiple woman say he sexually harassed them, and others say he made inappropriate comments about women\u2019s bodies and clothing in the workplace. Sources/more info: 1 ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) \u201cThe minute she left he turned to all the men in the room and went, \u2018Man, I\u2019d love to have her sit on my face.\u2018\u201d \u2014 anonymous, to Politico ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) Cristina Garcia (/a/sexual-harassment-assault-allegations- list/cristina-garcia) California state Assembly member (D) Publicly reported February 8, 2018 Multiple men have reported that she groped them or made unwanted advances. Sources/more info: 1 ( 2 ( spin-the-bottle-complaint-says/?utm_term=.b3da754dce8d) \u201cShe looked at me for a second and said, \u2018I\u2019ve set a goal for myself to fuck you.\u2019\u201d \u2014 anonymous, to Politico ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 69/79 Burns Strider (/a/sexual-harassment-assault-allegations- list/burns-strider) Former adviser, Hillary Clinton presidential campaign (2008); former leader, Correct the Record Publicly reported January 26, 2018 woman reported that he sexually harassed her while they worked on the Clinton campaign, and multiple former colleagues say he was fired from Correct the Record after sexual harassment allegations there. Sources/more info: 1 ( 2008.html?smid=tw-share) \u201cShe told a campaign official that Mr. Strider had rubbed her shoulders inappropriately, kissed her on the forehead and sent her a string of suggestive emails\u201d \u2014 Maggie Haberman and Amy Chozick, New York Times ( to-shield-a-top-adviser-accused-of-harassment-in-2008.html?smid=tw-share) Patrick Meehan (/a/sexual-harassment-assault-allegations- list/patrick-meehan representative (R-PA) Publicly reported January 20, 2018 former aide reported that he made unwanted advances toward her. He has been removed from the House Ethics Committee and will not seek reelection. Sources/more info: 1 ( 2 ( \u201cMr. Meehan professed his romantic desires for her \u2014 first in person, and then in a handwritten letter \u2014 and he grew hostile when she did not reciprocate, the people familiar with her time in the office said.\u201d \u2014 Katie Rogers and Kenneth P. Vogel, New York Times ( harassment.html) Jeffrey Klein (/a/sexual-harassment-assault-allegations- list/jeffrey-klein) New York state senator (D-Bronx) Publicly reported January 10, 2018 woman says he forcibly kissed her. The New York state Democratic Party has called for an investigation. Sources/more info: 1 ( 2 ( \u201cAll of a sudden there was a hand on the back of my head and he shoved his tongue down my throat.\u201d \u2014 Erica Vladimer, former New York state Senate staffer ( misconduct_us_5a5531cbe4b03417e872f80e?4ps) Eric Greitens (/a/sexual-harassment-assault-allegations- list/eric-greitens) Governor, Missouri (R) Publicly reported January 10, 2018 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 70/79 According to an investigative report, he coerced a woman into oral sex, claimed to have taken a compromising photo of her, and threatened to release it if she told anyone. He has been charged with invasion of privacy. Sources/more info: 1 ( 2 ( 3 ( \u201cHe stepped back saw a flash through the blindfold and he said: \u2018you\u2019re never going to mention my name, otherwise there will be pictures of me everywhere.\u2019\u201d \u2014 anonymous, on a tape obtained by ( affair#.WlbpAn6BIAA.twitter) Corey Lewandowski (/a/sexual-harassment-assault-allegations- list/corey-lewandowski) Political commentator; former campaign manager for Donald Trump Publicly reported December 22, 2017 woman has filed a sexual assault complaint against him, saying he slapped her twice on the buttocks. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was completely demeaning and shocking.\u201d \u2014 Joy Villa, singer ( Andrea Ramsey (/a/sexual-harassment-assault-allegations- list/andrea-ramsey) Former candidate for the House of Representatives (D-KS) Publicly reported December 15, 2017 man has reported that she sexually harassed him and retaliated when he rejected her advances. She has dropped out of her congressional race. Sources/more info: 1 ( \u201cAfter rejected her, she told me she now was hearing bad things about my performance and on June 13, 2005, terminated my employment.\u201d \u2014 Gary Funkhouser, former employee, LabOne ( Bobby Scott (/a/sexual-harassment-assault-allegations- list/bobby-scott representative (D-VA) Publicly reported December 15, 2017 woman reports that he sexually harassed her. Sources/more info: 1 ( denied-lawmaker/955214001/) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 71/79 was propositioned to have a sexual relationship with my boss that did not want was retaliated against was wrongfully terminated and was blackballed.\u201d \u2014 M. Reese Everson, author and attorney ( alleges-sexual-harassment-strongly-denied-lawmaker/955214001/) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed- murray) Secretary of state, Wyoming (R) Publicly reported December 14, 2017 woman says that he sexually assaulted her. Sources/more info: 1 ( assaulted/article_2f1faf41-90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content was disgusted and horrified.\u201d \u2014 Tatiana Maxwell, real estate developer ( secretary-of-state-ed-murray-sexually-assaulted/article_2f1faf41-90a7-52b4-b6c6- bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content=) Dan Johnson (/a/sexual-harassment-assault-allegations- list/dan-johnson) Former state representative (R-KY) Publicly reported December 12, 2017 woman reported that he sexually assaulted her when she was 17. He killed himself shortly after the allegations were published. Sources/more info: 1 ( 2 ( resign/) 3 ( his-widow-calls-it-a-high-tech-lynching/?utm_term=.de8f0844cfb5) \u201cWhat you did was beyond mean, it was evil.\u201d \u2014 Maranda Richmond, in a message to Johnson ( Alex Kozinski (/a/sexual-harassment-assault-allegations- list/alex-kozinski) Retired judge Court of Appeals for the Ninth Circuit Publicly reported December 9, 2017 Multiple former employees have said he showed them pornography, touched them inappropriately, or made inappropriate sexual comments to them. He has retired. Sources/more info: 1 ( misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.48dd2ff565cf) 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 72/79 3 ( allegations) \u201cIt wasn\u2019t just clear that he was imagining me naked, he was trying to invite other people \u2014 my professional colleagues \u2014 to do so as well.\u201d \u2014 Emily Murphy, former clerk ( kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.c956f1b10870) Trent Franks (/a/sexual-harassment-assault-allegations- list/trent-franks) Former representative (R-AZ) Publicly reported December 7, 2017 House sources said that he approached two female staffers about acting as a gestational surrogate for his wife and him. He has resigned. Sources/more info: 1 ( 2 ( 3 ( was asked a few times to look over a \u2018contract\u2019 to carry his child, and if would conceive his child would be given $5 million.\u201d \u2014 anonymous, to ( Borris Miles (/a/sexual-harassment-assault-allegations- list/borris-miles) State representative (D-TX) Publicly reported December 6, 2017 Multiple people have said that he subjected women to unwanted advances, sexual comments, or forcible kissing. Sources/more info: 1 ( just remember thinking need to go, and need to not be here anymore.\u2019\u201d \u2014 anonymous, to the Daily Beast ( capitol) Carlos Uresti (/a/sexual-harassment-assault-allegations- list/carlos-uresti) State representative (D-TX) Publicly reported December 6, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( \u201cHe put his hands on me, he ogled me would not get in an elevator with him.\u201d \u2014 anonymous, to the Daily Beast ( capitol) Matt Dababneh (/a/sexual-harassment-assault-allegations- list/matt-dababneh) Former California state Assembly member (D) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 73/79 Publicly reported December 4, 2017 woman has reported that he exposed himself to her and masturbated in front of her, and another has said he harassed her. He has resigned. Sources/more info: 1 ( bathroom/) 2 ( \u201cDuring the time he blocked me in that room, my instincts were focused on escaping without physical contact and in a way that would not cause a scene.\u201d \u2014 Pamela Lopez, lobbyist ( harassed-her-in-a-bathroom/) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations- list/ruben-kihuen representative (D-NV); former Nevada state senator Publicly reported December 1, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( utm_term=.iiPJY3D5AD#.uuJqGL8648) 2 ( \u201cYou don\u2019t really know what to say when a senator tells you, like, \u2018Nice ass.\u2019\u201d \u2014 anonymous, to the Nevada Independent ( persistent-unwanted-sexual-advances) Blake Farenthold (/a/sexual-harassment-assault-allegations- list/blake-farenthold representative (R-TX) Publicly reported November 30, 2017 former staffer sued him, alleging gender discrimination, sexual harassment, and creating a hostile work environment. He used taxpayer money to settle the claim. He will not seek reelection. Sources/more info: 1 ( 2 ( 3 ( \u201cIt\u2019s definitely turned my life upside down.\u201d \u2014 Lauren Greene, former communications director for Farenthold ( sexual-harass-greene-278869) John Conyers (/a/sexual-harassment-assault-allegations- list/john-conyers) Former representative (D-MI) Publicly reported November 20, 2017 Multiple former employees have said he sexually harassed female staffers. He has resigned. 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 74/79 Sources/more info: 1 ( 2 ( 3 ( 4 ( says/2017/12/05/17057ea0-d9bb-11e7-a841-2066faf731ef_story.html?utm_term=.37d0bbc4ae44 was basically blackballed. There was nowhere could go.\" \u2014 anonymous, to BuzzFeed ( utm_term=.jaYwr3D3b#.uxxxQ5g5V) Wesley Goodman (/a/sexual-harassment-assault-allegations- list/wesley-goodman) Former state representative (R-OH) Publicly reported November 17, 2017 man reported that Goodman groped him, and multiple men said he sent them unwanted or inappropriate sexual or suggestive messages. He quit after it was revealed that he had a consensual sexual encounter with a man in his office. Sources/more info: 1 ( gop-star/2017/11/17/b3b4b8da-c956-11e7-b0cf-7689a9f2d84e_story.html) 2 ( goodman/) 3 ( male.html) \u201cHe also asked how much \u2018p******y was getting and wondering what was doing on Friday and Saturday nights.\u201d \u2014 anonymous, to ( gop-rep-wes-goodman/) Al Franken (/a/sexual-harassment-assault-allegations-list/al- franken senator (D-MN) Publicly reported November 16, 2017 Multiple women have reported that he groped or otherwise harassed them. He has announced that he will resign from Congress. Sources/more info: 1 ( 2 ( 3 ( was stunned and incredulous felt demeaned felt put in my place.\u201d \u2014 anonymous former elected official in New England, to Jezebel ( franken-tried-to-g-1820849687) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff- kruse) Oregon state senator (R-Roseburg) Publicly reported November 15, 2017 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 75/79 Two women have reported that he sexually harassed or inappropriately touched them. He has been relieved of committee assignments and is under investigation. Sources/more info: 1 ( 2 ( \u201cWhat made all of this worse is that not only was continuing to experience this behavior, [\u2026] but was witnessing this happen to other women.\u201d \u2014 Sara Gelser, Oregon state senator (D-Corvallis) ( Calvin Smyre (/a/sexual-harassment-assault-allegations- list/calvin-smyre) Georgia state representative (D-Columbus) Publicly reported November 10, 2017 woman reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cHow many stories of assault and harassment have never been told because of political connections?\u201d \u2014 Jehmu Greene, political commentator ( Steve Lebsock (/a/sexual-harassment-assault-allegations- list/steve-lebsock) Former state representative, Colorado (D-Thornton) Publicly reported November 10, 2017 Multiple women have reported that he sexually harassed them. The Colorado House of Representatives has voted to expel him. Sources/more info: 1 ( 2 ( 3 ( \u201cOn Monday, for the first time in nearly two years, I\u2019m going to come to a building where I\u2019m not going to be worried about retaliation from someone stood up to.\u201d \u2014 Faith Winter, Colorado state representative ( Roy Moore (/a/sexual-harassment-assault-allegations-list/roy- moore) Former judge; 2017 Senate candidate Publicly reported November 9, 2017 Multiple women have said he sexually abused or assaulted them, or pursued them sexually or romantically when they were teenagers. Sources/more info: 1 ( 32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.512aedc10bfb) 2 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 76/79 felt like had done something bad. And it kind of set the course for me doing other things that were bad.\u201d \u2014 Leigh Corfman, customer service representative ( initiated-sexual-encounter-when-she-was-14-he-was-32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html? tid=sm_tw&utm_term=.d9990836f257) Dwayne Duron Marshall (/a/sexual-harassment-assault- allegations-list/dwayne-duron-marshall) Former chief of staff to Rep. Brenda Lawrence (D-MI) Publicly reported November 7, 2017 Multiple women have said he made inappropriate comments or engaged in unwanted touching in the workplace. He has resigned. Sources/more info: 1 ( 2 ( \u201cShe\u2019s complicit because she knows. [\u2026] She knows he makes comments. She knows he rubs the back and rubs the shoulders.\u201d \u2014 anonymous, about Rep. Lawrence, to Politico ( aide-244617) Tony Mendoza (/a/sexual-harassment-assault-allegations- list/tony-mendoza) California state senator (D-Artesia) Publicly reported November 7, 2017 Multiple people have said that he behaved inappropriately with a female legislative fellow and other staffers. He is under investigation and has been stripped of his leadership positions. Sources/more info: 1 ( 1513299672-htmlstory.html) 2 ( 3 ( 1517619265-htmlstory.html) \u201cShe said she feared for her job if she refused the invitations.\u201d \u2014 Patrick McGreevy, Los Angeles Times ( mendoza-under-investigation-for-1517619265-htmlstory.html) Raul Bocanegra (/a/sexual-harassment-assault-allegations- list/raul-bocanegra) Former California state Assembly member (D) Publicly reported October 27, 2017 Multiple women have reported that he groped them or made unwanted advances. He has resigned. Sources/more info: 1 ( 2 ( election/) 3 ( misconduct/) 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 77/79 \u201cHe grabbed me with one hand, grabbed my head and shoved his tongue into my mouth.\u201d \u2014 Sylvia Castillo, former student mentorship program coordinator ( lawmaker-accused-of-groping-fellow-staffer-will-not-run-for-re-election/) George H.W. Bush (/a/sexual-harassment-assault-allegations- list/george-h-w-bush) Former president Publicly reported October 25, 2017 Multiple women have said he groped them during photo ops. Sources/more info: 1 ( 2 ( \u201cAt the very moment when was feeling honored to be recognized for my work and to raise money for this important organization that believe in, President Bush made clear to me that because am a woman can be objectified, sexualized, reduced to a body part.\u201d \u2014 Christina Baker Kline, novelist ( Donald Trump (/a/sexual-harassment-assault-allegations- list/donald-trump) President of the United States Publicly reported October 15, 2017 More than a dozen women have accused him of sexual assault, harassment, or other misconduct. Sources/more info: 1 ( 2 ( 3 ( her-consent-the-white-house-denies-the-charge/2019/02/25/fe1869a4-3498-11e9-946a-115a5932c45b_story.html? utm_term=.a63ec198874b) \u201cHe was like an octopus. [\u2026] His hands were everywhere.\u201d \u2014 Jessica Leeds, businesswoman ( hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top- news) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 40 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd Professor, Dartmouth College Department of Psychological and Brain Sciences Publicly reported October 31, 2017 woman says that he groped her, and more than a dozen people report that he created a hostile environment \u201cin which sex normalized.\u201d He has been placed on leave, and law enforcement is investigating. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 78/79 \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf WRITING: Anna North, Constance Grady, Laura McGann, Aja Romano EDITING: Michelle Garcia, Susannah Locke, Eleanor Barkhorn DESIGN: Amanda Northrop, Christina Animashaun DEVELOPMENT: Ryan Mark, Kavya Sukumar EDITING: Tanya Pai LEAD: Kainaz Amaria Images: AP, Getty Images, Vjeran Pavic, Wikicommons ( Terms of Use ( \u2022 Privacy Policy ( \u2022 \u00a9 Vox Media, Inc. ( All rights reserved 4 ( 5 ( \u201cHeatherton touched the breasts of his current student [redacted] while stating that she was not doing very well in \u2014 Jennifer Groh, professor, in a letter to Dartmouth College ( 2/27/25, 7:51 Todd Heatherton, Dartmouth College professor, sexual misconduct allegations 79/79", "7305_107.pdf": "Facing Dismissal, Todd Heatherton Retires From Faculty The former professor had been investigated following allegations of sexual misconduct Articles (Photo by Eli Burakian \u201900) 6/14/2018 odd Heatherton, one of three professors in the Department of Psychological and Brain Susan J. Boutwell 2/27/25, 7:51 Facing Dismissal, Todd Heatherton Retires From Faculty | Dartmouth 1/5 Sciences who have been investigated for alleged sexual misconduct, has retired after it was recommended that he lose tenure and be dismissed. His decision to leave the College is effective immediately. In an email sent today, President Phil Hanlon \u201977 notified the Dartmouth community of Heatherton\u2019s retirement. In addition, he said that faculty members William Kelley and Paul Whalen, who have also been investigated for alleged sexual misconduct, \u201cremain on paid leave with restricted access to Dartmouth property\u201d pending conclusion of College disciplinary proceedings in their cases. Heatherton\u2019s decision came after Dean of the Faculty of Arts and Sciences Elizabeth Smith recommended that his tenure be revoked and that his employment be terminated. However, according to College policy, Heatherton was able to retire, given his age and length of employment. Heatherton will continue to be prohibited from entering Dartmouth property or attending any Dartmouth- sponsored events, no matter where they are held. The College has not entered into separation or non-disclosure agreements with Heatherton and has made no severance payment to him, President Hanlon wrote. \u201cThis has been a challenging set of circumstances for the Dartmouth community. We have much work ahead of us as we continue to strengthen our campus culture am confident we are up to the task and look forward to partnering with each of you as we make Dartmouth the best community it can be,\u201d wrote Hanlon. Hanlon wrote that \u201cout of respect for the ongoing process\u201d he would not disclose the recommendations Smith has made regarding Kelley and Whalen. In October, Hanlon announced that Dartmouth had hired an independent investigator to conduct separate internal investigations of the allegations against Heatherton, Kelley, and Whalen. At the time, Heatherton was on sabbatical leave and Kelley and Whalen were on paid leave. Also at the time, New Hampshire state and local law enforcement officials said that they were launching an investigation into 2/27/25, 7:51 Facing Dismissal, Todd Heatherton Retires From Faculty | Dartmouth 2/5 the allegations. The College continues to cooperate with law enforcement officials on their investigation. The cases of the three men have followed Dartmouth institutional policy, as set forth in the . Smith\u2019s recommendations for each man was assessed and upheld by the faculty- elected Review Committee, which is part of the Faculty of Arts and Sciences. Her recommendations regarding Kelley and Whalen are currently under review by a second faculty- elected committee, the Council on Academic Freedom and Responsibility, which draws its membership from faculty in arts and sciences and from Dartmouth\u2019s professional schools. The disciplinary process, Hanlon wrote in the June 14 email, \u201cis multi-layered, rigorous, and designed to safeguard the rights of the participants\u2014all parties were given ample opportunity to present information to the investigator, who conducted numerous in-person interviews with the parties as well as with witnesses.\u201d Susan Boutwell can be reached at . Organization of the Faculty of Dartmouth College [email protected] Quoted 2/27/25, 7:51 Facing Dismissal, Todd Heatherton Retires From Faculty | Dartmouth 3/5 2/27/2025 \u201cWith fewer people getting vaccinated, we would expect the new cases of long to start going up again.\u201d Articles 2/26/2025 How Curiosity Can Make Tough Conversations Manageable Contact Careers 2/27/25, 7:51 Facing Dismissal, Todd Heatherton Retires From Faculty | Dartmouth 4/5 Also of Interest: Copyright \u00a9 2025 Trustees of Dartmouth College Administrative Offices Emergency Preparedness Directory Mental Health Resources Sexual Respect & Title Accessibility Campus Map Students Exploring New Intellectual Frontiers Dartmouth Files Lawsuit Answer in Federal Court Lawsuit Filed Against Dartmouth Privacy Index Site or Accessibility feedback 2/27/25, 7:51 Facing Dismissal, Todd Heatherton Retires From Faculty | Dartmouth 5/5"} |
7,451 | Larry Olsen | New Mexico State University | [
"7451_101.pdf",
"7451_102.pdf"
] | {"7451_101.pdf": "Associate Dean Accused of Emailing Porn Resigns Published April 24, 2008 at 7:34 By Evan Woodward Las Cruces \u2013 Earlier this week, New Mexico State University Associate Dean Dr. Larry Olsen permanently resigned from his position at the College of Health and Human Services; after University Administrators conducting an internal investigation concluded that he violated University policy. As KRWG's Evan Woodward reports, Olsen had been accused of sending more than 100 sexually explicit emails to whistle blowing Junior Professor, Dr. John Moraros. Regional News Donate All Things Considered 2/27/25, 7:51 Associate Dean Accused of Emailing Porn Resigns Public Media 1/3 - The Region's Homepage Comment Policy Off-topic or offensive posts are subject to removal; no profanity or falsehoods; provide links to factual claims. Please read our Comment Policy before commenting. Got it What do you think? 0 Responses Upvote Funny Love Surprised Angry Sad 0 Comments \ue603 1 Login Name Start the discussion Stay Connected \u00a9 2025 Stream Community Events All Things Considered 2/27/25, 7:51 Associate Dean Accused of Emailing Porn Resigns Public Media 2/3 Schedule Radio Schedule Where To Watch & Listen Contact Us Information News Regional News National/World Local Viewpoints Donate Now Weather Meetings Information Community Representation Statement Public Files Reports Financial Information Content Reports All Things Considered 2/27/25, 7:51 Associate Dean Accused of Emailing Porn Resigns Public Media 3/3", "7451_102.pdf": "From Casetext: Smarter Legal Research Bird v. Regents of New Mexico State University United States District Court, D. New Mexico Sep 7, 2011 No 08-851 (D.N.M. Sep. 7, 2011) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No 08-851 BB/LAM. September 7, 2011 BLACK, District Judge comes before the Court on Defendant Larry Olsen's Revised Motion for Summary Judgment on Plaintiffs' Claims for First Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 1/10 Amendment Retaliation (Doc. No. 365, filed February 16, 2011). For the reasons stated below, the Court will the Motion. Background Plaintiff Yelena Bird is African American and was a faculty member at New Mexico State University (\"NMSU\"). (Fourth Amended Complaint \u00b6 1 at 1). Plaintiff Freedom Cheteni is an African from Zimbabwe and was a graduate student at NMSU. ( Id. \u00b6 2 at 1). Plaintiff John Moraros is Hispanic and was a faculty member at NMSU. ( Id. \u00b6 3 at 2). Plaintiff Satya Rao is Asian and is a tenured faculty member at NMSU. ( Id. \u00b6 4 at 2). Defendant Larry Olsen was employed as a professor and associate dean at NMSU. ( Id. \u00b6 6 at 2). Plaintiffs alleged that Olsen retaliated against them after they spoke out on matters of public concern, specifically \"numerous acts of race discrimination, sex discrimination and retaliation.\" ( Id. *2 \u00b6\u00b6 162-168 at 34- 35). Olsen seeks summary judgment on Plaintiffs' claims of First Amendment retaliation. 2 First Amendment Retaliation Analysis of freedom of speech retaliation claims is a five-step inquiry. See Brammer-Hoelter v. Twin Peaks Charter Academy, 492 F.3d 1192, 1202-03 (10th Cir. 2007). \"First, the court must determine whether the employee speaks pursuant to his official duties,\" if so, \"then there is no constitutional protection because the restriction on speech simply reflects the exercise of employer control over what the employer itself has commissioned or created.\" Id. at 1202. \"Second, if an employee does not speak pursuant to his official duties, but instead speaks as a citizen, the court must determine whether the subject of the speech is a matter of public concern.\" Id. \"If the speech is not a matter of public concern, then the speech is unprotected and the inquiry ends.\" Id. at 1203. \"Third, if the employee speaks as a citizen on a matter of public concern, the court must determine whether the employee's interest in commenting on the issue outweighs the interest of the state as employer.\" Id. \"Fourth, assuming the employee's interest outweighs that of the employer, the employee must show that his speech was a substantial factor or a motivating factor in a detrimental employment decision.\" Id. \"Finally, if the employee establishes that his speech was such a factor, the 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 2/10 employer may demonstrate that it would have taken the same action against the employee even in the absence of the protected speech.\" Id. \"The first three steps are to be resolved by the district court while the last two are ordinarily for the trier of fact.\" Id. \"Matters of public concern are those of interest to the community, whether for social, political, or other reasons.\" Brammer-Hoelter v. Twin Peaks Charter Academy, 492 F.3d at 1205. \"In determining whether speech pertains to a matter of public concern, the court may consider the motive of the speaker and whether the speech is calculated to disclose misconduct or merely deals *3 with personal disputes and grievances unrelated to the public's interest.\" Id.; see also Leverington v. City of Colorado Springs, 643 F.3d 719, 727 (10th Cir. 2011) (\"Whether an employee's speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record.\"). [I]t is not always enough that the subject matter of a communication be one in which there might be general interest; rather, what is actually said on the topic is the crux of the public concern content inquiry.\" Leverington v. City of Colorado Springs, 643 F.3d at 727 ( emphasis in original statement does not attain the status of public concern simply because its subject matter could, in different circumstances, have been the topic of a communication to the public that might be of general interest.\" Id. 3 Statements that focus on the employee's conditions of her own employment, that do not allege that other employees have been subjected to harassment or retaliation, or that the harassment and retaliation has interfered with the employer's performance of its governmental responsibilities do not involve matters of public concern. See David v. City and County of Denver, 101 F.3d 1344, 1356 (10th Cir. 1996 number of courts have agreed with Woodward's [ v. City of Worland, 977 F.2d 1392 (10th Cir. 1992)] conclusion that complaints framing sexual harassment allegations as personal grievances rather than as a widespread practice affecting the agency's performance of its public responsibilities do not constitute speech on a matter of public concern.\" Id. n. 2. Protected Speech 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 3/10 2007 Moraros informed Olsen and others that Olsen's sexually and racially inappropriate comments and jokes in Moraros' presence were unwelcome. August 2007 Moraros and Bird made a written complaint to the Chairman of NMSU's Health Science Department about Olsen's offensive racial and sexual communications. Fall 2007 Moraros advised Olsen that he intended to file a formal complaint with NMSU's Office of Institutional Equity if Olsen continued sending inappropriate emails and making racially inappropriate comments. Moraros and Bird met together with Olsen and told him they wanted his harassing and discriminatory behavior to stop. Dec. 2007 Moraros again asked Olsen to stop sending sexually offensive emails to Moraros. Moraros informed Professor Anderson that complaints Moraros had made to Olsen were not being resolved and asked Professor Anderson to ask Dean Brandon to talk to Olsen. In mid to late December Moraros and Bird submitted a written complaint to Dean Brandon. (Fourth Amended Complaint \u00b6\u00b6 162-168 at 34-35; Response at 2-9, 12). Olsen seeks summary judgment on the First Amendment retaliation claims of the four plaintiffs remaining in this case: Bird, Moraros, Cheteni and Rao; Plaintiff Buckingham's claims have been dismissed. Olsen contends that the only retaliatory act that he is alleged to have participated in is the termination of employment of Bird and Moraros. ( See Motion at 2). Olsen further contends that his \"involvement in the non-renewal of Bird's and Moraros' employment *4 contracts was limited to referring investigation of the duplicate travel reimbursements [submitted by Bird and Moraros] to University Audit on the advice of New Mexico State's general counsel on December 20, 2007.\" ( Id.). Olsen argues that he is entitled to summary judgment because Bird and Moraros did not engage in any protected speech prior to the alleged retaliatory act on December 20, 2007. ( Id. at 5-10). 4 Plaintiffs disagree that Olsen's involvement with the termination of Bird and Moraros' employment was his only retaliatory act and assert that they did engage in protected speech. Plaintiffs state that they spoke out, not only on their own behalf, but in support of others about matters of public concern. ( See Response at 12, Doc. No. 371, filed March 7, 2011, citing Additional Material Facts 1, 11, 14-17, 24-29). Bird and Moraros allege that they engaged in protected speech as follows: *5 5 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 4/10 The Court agrees with Olsen's contention that Bird and Moraros did not engage in any protected speech prior to December 20, 2007. Olsen cites two grievances submitted jointly by Bird and Moraros to James Robinson, the Chair of NMSU's Department of Health Science, on August 17, 2007, and to Jeffrey Brandon, Dean of NMSU's College of Health Social Services, on December 14, 2007. (Exhibits and to Moraros' Deposition which were attached to Olsen's Motion as Exhibit A, Doc. No. 365-1). Those grievances allege that Olsen subjected Bird and Moraros to \"racial discrimination, sexual harassment, intimidation, hostile work environment and severe retaliation.\" ( Id.). The allegations in those grievances focus on the conditions of Bird and Moraros' employment. They do not allege that other employees have been subject to discrimination, harassment or retaliation. Nor do they allege that the discrimination, harassment and retaliation interfered with NMSU's performance of its responsibilities. The Court has also reviewed Plaintiffs' Additional Material Facts 1, 11, and 14-17, summarized above, and the citations to the record supporting those facts, which relate to statements Bird and Moraros made in 2007. None of the Additional Material Facts or citations to the record for statements made by Bird and Moraros in 2007 involve matters of public concern because, like the written grievances, the statements focus solely on the conditions of their employment. The Court need not determine whether later statements made by Plaintiffs in 2008 relate to matters of public concern because Olsen states \"[i]t is possible that Plaintiffs' later (post-December 2007) speech, to the media and other entities, constitutes speech regarding a matter of public concern.\" (Motion at 10). *6 6 Retaliation \u2014 Termination of Bird and Moraros' Employment Olsen contends that the \"only retaliatory act that Olsen is even alleged to have participated in is the termination of employment of Bird and Moraros\" and that his \"involvement in the nonrenewal of Bird's and Moraros' employment contracts was limited to referring investigation of the duplicate travel reimbursements [submitted by Bird and Moraros] to University Audit on the advice of New Mexico State's general counsel on December 20, 2007.\" (Motion at 2). 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 5/10 Q: What, if any, role did Dr. Larry Olsen have in the decision that Drs. Bird and Moraros's contracts were not going to be renewed? Cruzado: He had expressed the same reservations that Dr. Robinson expressed in regards to the research that Dr. Moraros and Dr. Bird were conducting. Q: Okay. Cruzado: But ultimately, the recommendation came from Dr. Robinson and Dr. Brandon, when he was back in his function as dean. Q: So to your recollection, Dr. Olsen never suggested that Drs. Bird and Moraros's contract should not be renewed? Cruzado do not remember him recommending that. He expressed concerns \u2014 well, again, it was a very, a very strong concern about the way and manner in which they were conducting their professional activities. ( Id. at 134:23-135:16). *7 Bird and Moraros assert that Olsen's involvement in the termination of their employment was not limited to referring the travel reimbursement investigation for audit stating that Olsen also met with the University Provost to discuss the continuation of Bird and Moraros' contracts. (Response \u00b6 22 at 7). Provost Cruzado made the decision to not renew Bird and Moraros' contracts. (Brandon Deposition at 108:3-109:2, Doc. No. 365-3 at 3-4). In her deposition, Provost Cruzado testified that she remembered having more than one meeting with Robinson and Olsen in early 2008. (Cruzado Dep. 18:4-21:6, Doc. No. 371-1 at 14). Cruzado also testified as follows: 7 Olsen has failed to show that there is a genuine dispute as to his lack of involvement with the non-renewal of Bird and Moraros' contracts or that he is entitled to judgment as a matter of law on the retaliation claim regarding the non-renewal of their contracts. Olsen has conceded that \"[i]t is possible that Plaintiffs' later (post-December 2007) speech, to the media and other entities, constitutes speech regarding a matter of public concern.\" (Motion at 10). Although Olsen may not have made an express recommendation regarding the renewal of their employment contracts, Bird and Moraros have demonstrated a factual issue regarding Olsen's involvement in the non- renewal of their contracts by pointing to his expressions of concern during meetings with the Provost in early 2008 prior to the Provost's decision to not renew their contracts. The Court will deny that portion of Olsen's Motion that seeks summary judgment on the retaliation claim regarding the non-renewal of Bird and Moraros' contracts. 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 6/10 Sept. 2006 \u2014 Olsen told graduate student King she should be working with him May 2008 rather than with Moraros and Bird. Olsen repeatedly tried to persuade King to stop working for Moraros and Bird \"during the time [she] was at NMSU.\" King graduated in May 2008. May 2007 Olsen cancelled two classes to be taught by Moraros. Spring 2007 Olsen authorized payment from a grant account belonging to Moraros and Bird. August 2007 Olsen attempted to transfer funds from Moraros and Bird's grant account. Olsen \"registered no disapproval or surprise\" when the Chairman of NMSU's Health Science Department said he was gathering evidence against Bird and Moraros. Fall 2007 Graduate student Banegas takes Olsen's comments as a strong warning not to be involved with Moraros and Bird. Olsen accused Moraros and Bird of insubordination and disrespect, told them that they were not \"our kind of people,\" and stated that they were not a good fit for NMSU. Dec. 2007 Olsen pressured graduate student Cheteni to discontinue working with Moraros. Olsen sent another sexually offensive email to Moraros, which upset Bird who saw it. When Moraros asked Olsen to stop sending such emails, Olsen responded that Moraros' complaints would end up costing both [Moraros and his wife Bird their] Ph.D. degrees and [their] jobs at NMSU. After Moraros and Bird inadvertently submitted duplicate travel expense reimbursements, Olsen took no steps to investigate the matter or to speak with either Bird or Moraros about it and instead forwarded the matter to NMSU's audit department despite his professed belief that there was no fraud involved. Olsen also mentioned to another faculty member that there were serious concerns about travel reimbursements for Bird and Moraros. Feb. 2008 After Moraros and Bird were interviewed by an auditor, Olsen told Moraros \"now we got you.\" Spring 2008 Moraros and Bird were only tenure line faculty in the Department of Health Science who were not listed as being eligible to mentor and teach thesis credit hours to graduate students which prevented other students from working with Moraros or Bird. April 2008 Cheteni, Retaliation \u2014 Other Acts In addition to his alleged involvment in the termination of Bird and Moraros' employment, Plaintiffs Bird, Moraros, Cheteni and Rao allege that Olsen also engaged in the following retaliatory conduct: *8 8 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 7/10 Moraros, Bird and Rao found anonymous, typewritten notes which were threatening and abusive slipped under their office doors. (Response at 2-10). Summary judgment is not appropriate for the retaliation claims based on these acts because Olsen did not address these acts in his revised Motion despite being on notice that Plaintiffs were *9 asserting claims based on many of these alleged acts. See Adickes v. S.H. Kress Co., 398 U.S. 144, 157-159 (1970) (Summary judgment for defendant reversed because defendant did not carry burden of showing absence of genuine dispute as to material fact); Murray v. City of Tahlequah, 312 F.3d 1196, 1200 (10th Cir. 2002) (Before the burden shifts to the nonmoving party to demonstrate a genuine issue, the moving party must meet its \"initial responsibility\" of demonstrating that no genuine issue of material fact exists and that it is entitled to summary judgment as a matter of law\"). The Court will deny Olsen's Motion to the extent that it seeks summary judgment on the retaliation claims based upon the alleged acts listed in the preceding paragraph. 9 1 1 Olsen first moved for summaryjudgment on Plaintiffs' First Amendment Retaliation claims on June 14, 2010. ( See Doc. No. 255). Because Plaintiffs' Response (Doc. No. 277, filed July 14, 2010) did not comply with the District of New Mexico's Local Civil Rules, and because Olsen's Reply (Doc. No. 300, filed August 9, 2010) did not address many of additional material facts in Plaintiffs' Response, the Court denied the motion without prejudice and allowed the parties to file revised motion and briefs. (Doc. No. 349, filed January 18, 2011). Plaintiffs' original response alleged that Olsen retaliated against them in various ways in addition to being involved with the nonrenewal of Bird and Moraros' contracts. (Doc. No. 277 at 17-18). Qualified Immunity Plaintiffs have asserted First Amendment retaliation claims against Olsen. (Third Amended Complaint \u00b6\u00b6 147 at 37 and 159 at 39, Doc. No. 171, filed march 5, 2010). To prove a First Amendment retaliation claim, a plaintiff \"must establish that (1) she was engaged in constitutionally protected activity, (2) the defendants' actions caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that protected activity, and (3) the defendant's actions were substantially 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 8/10 motivated as a response to her protected conduct.\" McBeth v. Himes, 598 F.3d 708, 724 (10th Cir. 2010). Olsen now moves for summary judgment based on qualified immunity. \"When the qualified immunity inquiry turns on a subjective element, as it does when examining motive, the qualified *10 immunity analysis is `modified slightly.'\" McBeth v. Himes, 598 F.3d 708, 724 (10th Cir. 2010) (applying slightly modified analysis to a First Amendment retaliation claim). \"The defendant must do more than merely raise the [qualified] immunity defense; he must make a prima facie showing of the objective reasonableness of the challenged conduct.\" Id. \"If the defendant makes this prima facie showing, the plaintiff must then produce specific evidence of the defendant's culpable state of mind to survive summary judgment.\" Id. at 724- 725; see also Bruning v. Pixler, 949 F.2d 352, 356 (10th Cir. 1991) (qualified immunity procedure must be modified slightly when plaintiff's claim contains a subjective element, such as defendant's purpose, motive, or intent); Lewis v. City of Ft. Collins, 903 F.2d 752, 755 (10th Cir. 1990). 10 Olsen's Motion does not discuss the \"slightly modified\" analysis applicable \"when the qualified immunity inquiry turns on a subjective element, as it does when examining motive.\" See McBeth v. Himes, 598 F.3d at 724. Neither does Plaintiffs' Response. ( See Doc. No. 371, filed March 7, 2011). The Court will that portion of Olsen's Motion seeking summary judgment based on qualified immunity) without prejudice and will provide the parties an opportunity to address the slightly modified qualified immunity analysis. See Pueblo Neighborhood Health Centers v. Losavio, 847 F.2d 642, 645 (10th Cir. 1988) (reversing district court that applied the wrong standard in resolving the qualified immunity issue). Olsen may, within 30 days of entry of this Order, file a revised motion ORDERED. About us 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 9/10 Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:51 Bird v. Regents of New Mexico State University, No 08-851 | Casetext Search + Citator 10/10"} |
7,635 | Christian Baldini | University of California – Davis | [
"7635_101.pdf",
"7635_102.pdf",
"7635_103.pdf",
"7635_104.pdf"
] | {"7635_101.pdf": "Chancellor 95616-8558 TELEPHONE: (530) 754-7237 September 28, 2017 Christian Baldini RE: Letter of Censure and Notice of Disciplinary Action Dear Professor Baldini am issuing this Letter of Censure and Notice of Disciplinary action in accordance with Academic Personnel Manual (APM) 016, the University Policy on Faculty Conduct and the Administration of Discipline, and pursuant to your written acceptance dated September 25, 2017 of the discipline proposed by Faculty Advisor , acting as my designee. This Letter addresses findings from a Title Investigation Report pertaining to allegations that you engaged in conduct in violation of 015, The Faculty Code of Conduct. Specifically, the investigator concluded that you violated the University\u2019s policy on Sexual Violence and Sexual Harassment by engaging in unwanted sexual conduct towards an undergraduate student who was a member of the Davis symphony orchestra. The investigator concluded that you engaged in conduct that included touching this student\u2019s hands and shoulder, dancing with her alone (including touching her waist and spinning her, leading to her buttocks being held against your body), and kissing this student\u2019s cheek. The investigator further concluded that you made certain comments to this student, such as calling her a \u201cbad girl\u201d, , and writing to her was very much enjoying spending time with you\u201d, which, when viewed in the context of your other conduct were reasonably interpreted as being sexual in nature. The investigator also concluded that your conduct was sufficiently severe or pervasive to create a hostile environment, and did in fact create a hostile environment where this student felt acutely uncomfortable and nervous as a result of your conduct, describing herself after an encounter with you as \u201cfreaking out\u201d, and finding it awkward and uncomfortable to look at you while keeping time during rehearsals. Your unwelcome conduct towards her, though not the primary reason, was a contributing factor to this student\u2019s decision to leave Davis Policy on Sexual Violence and Sexual Harassment, and the Faculty Code of Conduct The University of California Policy on Sexual Violence and Sexual Harassment, effective January 1, 2016, defines and prohibits sexual harassment. It provides in relevant part: Sexual Harassment is unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature Professor Christian Baldini September 28, 2017 Page 2 when\u2026 such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person\u2019s participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive. The University of California Faculty Code of Conduct is found in 015. The Code of Conduct states in its statement of Ethical Principles: \u2026Professors demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors\u2026They avoid any exploitation, harassment, or discriminatory treatment of students 015 Part The Faculty Code of Conduct also states: The integrity of the faculty-student relationship is the foundation of the University\u2019s educational mission. This relationship vests considerable trust in the faculty member, who, in turn, bears authority and accountability as mentor, educator, and evaluator. The unequal institutional power inherent in this relationship heightens the vulnerability of the student and the potential for coercion. The pedagogical relationship between faculty member and student must be protected from influences or activities that can interfere with learning consistent with the goals and ideals of the University. Whenever a faculty member is responsible for academic supervision of a student, a personal relationship between them of a romantic or sexual nature, even if consensual, is inappropriate. Any such relationship jeopardizes the integrity of the educational process. The Faculty Code of Conduct also enumerates specific examples of unacceptable conduct, including: Discrimination, including harassment, against a student\u2026for reasons of\u2026sex\u2026or for other arbitrary or personal reasons 015 Part II.A.2) and: Serious violation of University policies governing the professional conduct of faculty 015 Part II.C.7) [1 concur with the investigator\u2019s findings and conclude that your violation of the University\u2019s Sexual Violence and Sexual harassment policy is a serious violation, and thus constitutes a violation of the Faculty Code of Conduct 015. Disciplinary Sanctions In light of the gravely serious nature of your misconduct, Faculty Advisor proposed disciplinary sanctions of a Letter of Censure and Suspension without Pay for one quarter. Through your attorney on September 25, 2017, you accepted these proposed sanctions. Accordingly, you will be suspended without pay for winter quarter, 2018, during which time you will have all of your normal faculty privileges suspended. Accordingly, from January 1 through March 23, 2018, you will not be permitted to be present on University property without prior written permission from the Associate Dean of Humanities, Arts and Culture Studies, Claire Waters. You will not be permitted to spend or draw upon University research or [1] This letter quotes from the version of the Faculty Code of Conduct that was in effect throughout academic year 2016-17. Professor Christian Baldini September 28, 2017 Page 3 gift funds, or be reimbursed by the University for travel or other business related expenses. You will not be permitted to publicly represent yourself as a Davis faculty member during this time. Because you are an academic year appointee receiving your 9 month salary spread out over 12 months, your pay will be suspended for a period of 4 months, from December 2017 through March 2018. For the duration of the period of suspension, you may make use of the services of the Academic and Staff Assistance Program ( You also may contact the Davis Division of the Academic Senate and or Director Danny Gray of the Office of Academic Affairs ([email protected] or 530-752-2090) without prior permission. However, if you need to communicate with any other faculty, staff, or students, or to gain access to your office or any other Davis facility for any reason, please contact Associate Dean Waters. If you do not adhere to the terms of your suspension, you may be subject to further disciplinary action copy of this letter will be retained in a confidential file maintained in the Office of the Vice Provost-Academic Affairs. The letter will not be placed in your academic review file In closing would like to remind you that consider your misconduct in this matter to be very serious and am likely to pursue your dismissal from your faculty position should you be found to have engaged in similar misconduct again in the future. At the same time believe that you are capable of amending your behavior and of conducting yourself in a way that complies with the Faculty Code of Conduct also want to stress that you should not engage in any behavior that could be perceived as retaliatory against anyone that you believe has participated in any way in this investigation. Retaliation includes threats, intimidation, reprisals and/or adverse actions related to employment or education, or any conduct that might discourage anyone from coming forward to report misconduct trust that your future career at Davis will be successful and without any further incidents. Sincerely, Gary S. May Chancellor c: Dean Elizabeth Spiller Associate Dean Claire Waters Chair Henry Spiller Chief Compliance Officer Wendi Delmendo", "7635_102.pdf": "Title documents reveal wave of sexual misconduct cases at Davis By Madeleine Gregory Dec 4, 2018 Content warning: Sexual misconduct Five investigations \u2014 four of which resulted in terminations or resignations \u2014 showed cases of Davis faculty and staff members violating the sexual violence and sexual harassment, or SVSH, policy since 2017. These Title investigations, which were obtained by The Daily Californian through a California Public Records Act, or CPRA, request, make up the second wave of Davis cases that have been revealed to the public. Earlier this year Davis disclosed documentation of 14 other investigations of university policy violations. \u201cWe are constantly looking to change the campus climate to make sure it feels safe for everyone,\u201d said Davis spokesperson Melissa Blouin. \u201cThese investigations are very thorough and then take corrective action to stop the behavior and prevent its recurrence.\u201d The Daily Cal has made a series of requests to update its growing database of sexual misconduct cases from all campuses Davis Chief Compliance Officer Wendi Delmendo said in an email that discipline is determined case-by-case, taking into account previous corrective actions. The investigations redact the names of the complainants and 2/27/25, 7:52 Title documents reveal wave of sexual misconduct cases at Davis | Archives | dailycal.org 1/3 witnesses, along with any personal information, but provide the names of respondents. This article includes details of those newly released cases. Investigation into Nilesh Gaikwad Nilesh Gaikwad, a former Davis nutrition and environmental toxicology associate professor, was found to have sexually harassed a graduate student in his lab from 2015 to 2016, according to the investigation, which \"requires a preponderance of the evidence standard.\" The complainant alleged that Gaikwad touched her, gave her a gift, stood too close to her and called her \u201ccute.\u201d According to the report, these behaviors escalated \u2014 at first, the complainant alleged, Gaikwad asked to use her computer mouse, but later put his hand over hers and blocked her into the desk space. The complainant alleged that she returned the gift and told Gaikwad she considered the advances \u201cinappropriate.\u201d Gaikwad allegedly retaliated by reassigning collaborative projects to other members of the lab and made statements at a meeting that the complainant and a witness deemed \u201cthreatening.\" The complainant ultimately moved to another lab, and Gaikwad resigned in lieu of termination in October 2017. Investigation into Michael O\u2019Mahony Michael O\u2019Mahony, a former Davis food science and technology professor, was found by investigators to have, more likely than not, made an inappropriate sexual comment to a graduate student in 2016 in violation of the policy. According to the report, O\u2019Mahony allegedly made an inappropriate comment in front of his graduate student\u2019s former academic adviser, insinuating that the reason the graduate student left his lab was because of her sexual activity while in the lab. Witnesses said the complainant was \u201cextremely distressed\u201d and cried after this comment. The report notes that there have been many similar allegations of such behavior by O\u2019Mahony dating back to the 1980s, including sexually harassing a staff member in 2013. Because of an \u201cestablished history\u201d of inappropriate conduct and O\u2019Mahony\u2019s apparent unwillingness to adjust his behavior, he was found to have violated the policy, according to the report. O\u2019Mahony resigned in lieu of termination in February 2017. Investigation into George Chenaux George Chenaux, a former postdoctoral researcher at Davis, was found by the preponderance of evidence to have committed sexual assault and sexual harassment in violation of the policy in 2016, according to the investigation. One complainant alleged that Chenaux pushed her against a wall and rubbed his body against hers. This allegation, which, if true, amounts to sexual assault, was substantiated by the investigators. Another complainant alleged that Chenaux repeatedly put his hands on her hips to move her and touched the small of her back. She allegedly repeatedly asked Chenaux not to touch her over an 18-month period. This sexual harassment allegation was also substantiated. Numerous other allegations were made against Chenaux but were either unsubstantiated or deemed not to violate the policy, and they were therefore redacted. Chenaux\u2019s postdoctoral appointment ended before discipline was enacted. He was terminated in June 2017. Investigation into Christian Baldini Davis symphony conductor Christian Baldini allegedly made unwanted sexual advances toward an undergraduate student in 2017, according to an article in the Sacramento Bee. The report was not provided for this investigation, with Blouin citing that the information was \u201calready in the public realm\u201d after the publication of the Sacramento Bee\u2019s article. According to the Sacramento Bee, Baldini allegedly called the undergraduate student a \u201cbad girl\u201d in a meeting in his office, kissed her on the cheek, \u201cpressed her 2/27/25, 7:52 Title documents reveal wave of sexual misconduct cases at Davis | Archives | dailycal.org 2/3 buttocks\u201d against his body while teaching her how to tango and texted her with a request to meet. Baldini\u2019s behavior caused the undergraduate complainant to leave Davis, according to a California Aggie article. The administration threatened to consider dismissing Baldini if similar allegations ever surfaced, according to the article. Baldini was suspended for four months without pay, but he returned to the Davis campus in late March, according to an article in the California Aggie. Investigation into Antonio Martinez Antonio Martinez, a former clinical nurse at the Davis hospital, allegedly touched and made inappropriate comments toward his colleagues, beginning in 2008. He was found, more likely than not, to have committed multiple counts of sexual harassment and one count of sexual assault, according to the investigation. Three complainants alleged sexual harassment including touching, hugging, unwelcome compliments and unwelcome sexual advances. One complainant alleged that she told Martinez, \u201cDo not touch me,\u201d on multiple occasions, but Martinez did not take her seriously, according to the report fourth complainant alleged that Martinez \u201ccornered\u201d her in a patient room and \u201cslapped her on the buttocks,\u201d an act defined as sexual assault under university policy, according to the report. Martinez resigned in lieu of termination in March 2018. 2/27/25, 7:52 Title documents reveal wave of sexual misconduct cases at Davis | Archives | dailycal.org 3/3", "7635_103.pdf": "Students call for termination of employment of Davis orchestra conductor Davis Music Building in January 2021. (Quinn Spooner/ Aggie) Previously, Christian Baldini was temporarily removed without pay after substantiated allegations of sexual harassment toward an undergraduate student By \u2014 [email protected] Content Warning: This article contains descriptions of sexual harassment which some readers may find disturbing. In September 2017, a university investigation was conducted and found that Christian Baldini, the Davis symphony orchestra conductor, sexually harassed a female undergraduate student. Baldini was temporarily removed without pay for four months before returning to campus, and the undergraduate student left the university after the incident, according to an article in The California Aggie from 2018. In December 2021, a petition was created calling for Baldini\u2019s removal. The petition states that the university should not wait for future misconduct to pursue dismissal. As of Jan. 21, 5,888 people have signed. \u201cBaldini creates an unsafe and uncomfortable environment for Davis students, causing many to avoid joining orchestra,\u201d the petition states. Alumna Alana Joldersma shared her experience as a member of the orchestra prior to the allegations and the university investigation in 2017. 2/27/25, 7:52 Students call for termination of employment of Davis orchestra conductor - The Aggie 1/3 joined the Davis symphony orchestra my freshman year,\u201d Joldersma said. \u201cAfter competed [in the concerto competition] and then before a concert in spring quarter, we had a few hours of downtime from rehearsal until performance. Baldini came up to me and was like \u2018Hey, you did a great job performing at the concerto competition, and just want to commend you on doing that as a freshman. Would you like to talk about your results, would you like any feedback?\u2019\u201d Instead of talking backstage, Baldini took her to his dressing room and closed the door but did not lock it. \u201cDuring the 20 minutes was there, we didn\u2019t talk about my performance,\u201d Joldersma said. \u201cHe was just asking me a bunch of weird, personal questions that didn\u2019t pertain to my performance at all. Like where I\u2019m from, what ethnicity am, do have a boyfriend, what does this tattoo on my arm mean. Definitely made me feel uncomfortable do remember him taking my arm to point at a tattoo.\u201d Joldersma ended up not joining the symphony orchestra the following year; she attributes it to multiple factors, including a busy schedule and this experience. \u201cMaybe what he did was not intentional, maybe he can blame it on whatever he wants to blame it on, but, at the end of the day, him being here, if it creates an environment where students are uncomfortable and don\u2019t want to join the orchestra or drop out of Davis, that\u2019s not fair,\u201d she said first-year undeclared major, who was granted anonymity to protect her identity, also shared her experience, which occurred after the university investigation. She previously auditioned for orchestra but afterward decided not to join because of time and money constraints told [Baldini] that didn\u2019t want to do [orchestra] and my reasons,\u201d she said found it really strange that he still came to me after and said \u2018Even though you\u2019re not playing proficiently yet at a college level, we can take you in and develop yourself later on told him no on that, but gave him my musical background information, just basically said my mom\u2019s already put in so much money and effort into musical education. And he started to say, \u2018You\u2019re so talented don\u2019t want to lose you.\u2019\u201d According to the student, she found it odd that he said she was talented, as he had previously told her she was not playing proficiently. \u201cThat\u2019s when he told me he would sponsor my lessons, like pay $100 out of the $300 required for 10 half-hour lessons,\u201d she said also told my family and friends. There was this one girl who knew, she was in the school orchestra and she felt scared for me. She said it was like he was trying to get a handle on me, so didn\u2019t [accept the offer just didn\u2019t want anything else to do with him didn\u2019t reply to his emails after that.\u201d The student said she signed the petition because many music majors are required to take classes that he teaches, and she does not want other students to feel uncomfortable like she did. While Baldini declined The Aggie\u2019s interview request, he directed The Aggie to Melissa Lutz Blouin, the director of news and media relations, who emailed a letter written by the university to on Jan. 3. \u201cReopening the investigation without new information would not result in a changed outcome, nor were there any deficiencies in the original investigation that would merit reopening it,\u201d the letter states. \u201cMoreover, as a public institution, we are not legally permitted to discipline an employee twice for the same conduct. However, we are firmly committed to ensuring an environment free of sexual harassment and will promptly address new allegations of sexual harassment involving Professor Baldini, including commencing an investigation if appropriate.\u201d \ue809 2/27/25, 7:52 Students call for termination of employment of Davis orchestra conductor - The Aggie 2/3 Dana Topousis, the chief marketing and communications officer at Davis, shared the same letter with The Aggie when approached for comment. Written by: Jennifer Ma \u2014 [email protected] Students can contact the Davis Harassment & Discrimination Assistance and Prevention Program (HDAPP) to report incidents of sexual harrassment and sexual violence. Additionally, the Center for Advocacy, Resources, and Education (CARE) provides free, confidential crisis intervention, advocacy and accompaniment services for all Davis student, staff, faculty and others who experience sexual violence in the context of a university program. Other off-campus resources include empoweryolo.org for local resources and rainn.org, the nation\u2019s largest anti- sexual violence organization. \ue809 2/27/25, 7:52 Students call for termination of employment of Davis orchestra conductor - The Aggie 3/3", "7635_104.pdf": "misconduct/article_b2ba2361-d7f2-530c-8f30-5249c133abd6.html puts conductor on unpaid leave after sexual misconduct By Tanya Perez Dec 28, 2017 Christian Baldini Davis Orchestra conductor. Courtesy photo By Sebastian Onate Christian Baldini, the conductor of the Davis Symphony Orchestra, was placed on unpaid administrative leave for the upcoming winter quarter after an investigation by the campus\u2019 Title office substantiated claims made by a student of his. Privacy - Terms 2/27/25, 7:52 puts conductor on unpaid leave after sexual misconduct Davis | davisenterprise.com 1/4 summary of allegations made in May, and a letter of censure/notice of disciplinary action dated Sept. 28, were provided by to The Enterprise, in which it is noted that Baldini referred to a female student as a \u201cbad girl\u201d during a meeting in his office in November, 2016; and Baldini repeatedly touched the student\u2019s hands and \u201casked her to dance the tango with him, which led to him holding her in a manner in which her buttocks were pressed up against him.\u201d At the conclusion of this meeting, Baldini kissed the student on the cheek. Baldini, 39, was notified of the allegations via email on June 20. The student\u2019s name was redacted for her privacy. Baldini also provided a statement to The Enterprise in which he offers a different account of the interactions was born and raised in Argentina and for the first 24 years of my life lived in a society where (non-sexual) physical contact was widely accepted as a normal and daily form of communication.\u201d He refers to greetings with a kiss on the cheek, hugging and touching being common. In the summary of findings from UCD, Baldini acknowledges dancing with the student, but he disputes the allegations that \u201che repeatedly touched complainant\u2019s hands\u201d and \u201cthere was no contact between his body and Complainant\u2019s when he spun her around.\u201d He also disputes that the comment about the student being a \u201cbad girl\u201d was sexual in nature. After the investigation was concluded Chancellor Gary May issued a letter to Baldini in which he cites portions of the Faculty Code of Conduct and reiterates disciplinary sanctions that Baldini agreed to on Sept. 25. The discipline includes suspension without pay from December through March 23, as well as suspension of \u201cnormal faculty privileges.\u201d This includes not being permitted on campus during this time without permission from Claire Waters, associate dean of humanities, arts and culture studies, as well as not being allowed to publicly represent himself as a faculty member. 2/27/25, 7:52 puts conductor on unpaid leave after sexual misconduct Davis | davisenterprise.com 2/4 Only two weeks before, Baldini\u2019s predecessor, D. Kern Holoman, had his emeritus status removed when Danny Gray, 50, who is the director of academic employment and labor relations in the Office of Academic Affairs, accused Holoman of sexually assaulting and raping Gray when he was an undergraduate student at in the late 1980s. Holoman is no longer eligible to be employed by or participate in teaching, governance or scholarly activities related to the University of California. Allegations, explanations The investigator\u2019s 10-page document (Summary of Investigative Findings from HDAC170177 Sexual Harassment Allegations\u2013Finalv2 Redacted) details accounts by both Baldini and one of his students, and there is agreement on some incidents. Baldini did not deny that he called the student a \u201cbad girl,\u201d but believes it was because she submitted a form late, \u201cwhich led her to back into his door and knock off the magnetic name plate.\u201d The investigator wrote that the \u201c\u2018bad girl\u2019 comment may have been overlooked in another context, (but) given the surrounding statements and touching, it further suggests a communication pattern in line with sexual conduct.\u201d The accounts of Baldini and the student dancing in his office differ in who initiated it \u2014 the student said, \u201che asked if dance and was like, \u2018oh no I\u2019m a terrible dancer,'\u201d whereas Baldini said, \u201cshe mentioned that she would love to dance but that she was terrible at it, (and) in a very casual way volunteered to teach her a couple of tango steps.\u201d In Baldini\u2019s statement (Statement by Christian Baldini \u2013), which he also sent to colleagues on Wednesday, he expressed devastation by the accusation, noting accept responsibility for the misunderstanding, and have taken many steps to ensure nothing like that will ever happen again am glad to work in a place where these issues are taken seriously.\u201d 2/27/25, 7:52 puts conductor on unpaid leave after sexual misconduct Davis | davisenterprise.com 3/4 In his hopes of being perceived \u201cas approachable and easygoing\u201d by students, he admits remorse \u201cthat one of my students would have felt this way by something did.\u201d Chancellor May admonished Baldini in his letter (May-Baldini 9-28-17_Redacted), saying consider your misconduct in this matter to be very serious and am likely to pursue your dismissal should you be found to have engaged in similar misconduct again in the future.\u201d May also stated that he believes Baldini\u2019s \u201cfuture career at Davis will be successful and without any further incidents.\u201d \u2014 Reach Tanya Perez at [email protected] or 530-747-8082. Follow her on Twitter at @enterprisetanya Summary of Investigative Findings from HDAC170177 Sexual Harassment Allegations\u2013Finalv2 Redacted 89.76 Download file May-Baldini 9-28-17_Redacted 132.86 Download file Statement by Christian Baldini \u2013 29.37 Download file 2/27/25, 7:52 puts conductor on unpaid leave after sexual misconduct Davis | davisenterprise.com 4/4"} |
7,462 | Ronald Heneghan | Northampton Community College | [
"7462_101.pdf",
"7462_102.pdf"
] | {"7462_101.pdf": "Cited By (0) \uf09e (/feed/search/?type=o&q=cites%3A(2182844)) This case has not yet been cited in our system. Authorities (28) This opinion cites: Cleveland Board of Education v. Loudermill, 470 U.S. 532 (/opinion/111372/cleveland-board-of-education-v-loudermill/?) (16 times) Schweiker v. McClure, 456 U.S. 188 (/opinion/110694/schweiker-v-mcclure/?) (13 times) Frank McDaniels v. James R. Flick John M. Fitzpatrick Frank \u2026 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/?) (13 times) Perry v. Sindermann, 408 U.S. 593 (/opinion/108609/perry-v-sindermann/?) (7 times) Celotex Corp. v. Catrett, Administratrix of the Estate of Catrett, \u2026 (/opinion/111722/celotex-corp-v-catrett-administratrix-of-the-estate-of-catrett/?) (5 times) View All Authorities (/opinion/2182844/heneghan-v-northampton-community-college/authorities/) Related Case Law Ronald Heneghan v. Northampton Comm College (/opinion/806699/ronald-heneghan-v-northampton-comm-college/) In re Aleong (/opinion/2657567/in-re-aleong/) Demko v. Luzerne County Community College (/opinion/2577165/demko-v-luzerne-county-community-college/) Slippery Rock University of Pennsylvania of State System of Higher \u2026 (/opinion/1978948/slippery-rock-university-of-pennsylvania-of-state-system-of-higher/) Rohm & Haas Co. v. United Steel, Paper & Forestry, \u2026 (/opinion/2169011/rohm-haas-co-v-united-steel-paper-forestry-rubber-manufacturing/) Search Full List (/?q=related:2182844&stat_Published=on) Share \uf003 (mailto:? subject=Heneghan%20v.%20Northampton%20Community%20College%2C%20801%20F.%20Supp.%202d%20347%2C%202011%20WL%202708446%2C%202011%20U.S.%20Dist.%20LEXIS%2084221% v-northampton-community-college/) \uf082 ( v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 at CourtListener.com) \uf081 ( status= \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(2182844)) Heneghan v. Northampton Community College, 801 F. Supp. 2d 347 (E.D. Pa. 2011) District Court, E.D. Pennsylvania Filed: August 1st, 2011 Precedential Status: Precedential Citations: 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 Docket Number: Civil Action 09-04979 Judges: Stengel Author: Lawrence F. Stengel (/person/3096/lawrence-f-stengel/) 801 F.Supp.2d 347 (2011) Ronald HENEGHAN, Plaintiff v COLLEGE, et al., Defendants. Civil Action No. 09-04979. United States District Court, E.D. Pennsylvania. July 11, 2011. Order Denying Motion for Reconsideration August 1, 2011. *351 David Deratzian, George S. Kounoupis, Hahalis & Kounoupis, PC, Bethlehem, PA, for Plaintiff. John E. Freund, III, Lucas John Repka, King, Spry, Herman, Freund & Faul, LLC, Bethlehem, PA, for Defendants. STENGEL, District Judge. The plaintiff in this matter, Ronald Heneghan, claims that Northampton Community College violated his right to procedural due process when it rescinded its decision to offer him a tenured employment position in the College's Theatre Department. He also claims that the College and its Dean of Humanities and Social Sciences, Elizabeth Bugaighis, are liable for violating Title and the because they discriminated against him on the basis of his gender. The defendants filed a motion to dismiss his amended complaint and this Court granted the motion in part and denied it in part. Heneghan then filed a second amended complaint. Discovery has been completed, and the defendants have filed a motion for summary judgment in their favor on Heneghan's remaining claims will grant the motion A. Facts Relevant to Procedural Due Process Claim Ronald Heneghan began employment at Northampton Community College (\"NCC\" or \"the College\") in the fall of 2003 in a tenure-track, initial appointment position as Associate Professor of Communications and Theatre. Def. Concise Statement of Material Facts (\"Def. SMF\") \u00b6 1. Mr. Heneghan was a member of a union, the American Federation of Teachers (\"the Federation\"), which had a Collective Bargaining Agreement with NCC. Id. at \u00b6 2; Def. Ex. 11, Collective Bargaining Agreement (\"CBA\"). That agreement provides, among other things, that faculty appointments may be either \"temporary, initial, or standard Article VI, \u00b6 A. \"Faculty on initial contracts are typically offered six (6) one (1) year contracts.\" Id. at \u00b6 C. The further provides that, [1] 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 1/8 Initial appointments may be renewed, or not renewed at the option of the College and for any reason, but the Faculty Member shall be given a statement of reason upon request. Non-renewals during the first five (5) years may not be appealed, but a Faculty Member may appeal a non-renewal occurring during the sixth year of employment to the Board within one (1) month of notification. The Board's decision in the appeal shall be final. The Faculty Member may be represented by the Federation. . . . *352 Faculty with these appointments shall not be given the rights in Article XII, paragraph E, but shall retain all other rights accorded to all other faculty with standard appointments. Id. at Art. VI, \u00b6 C. Article pertains to retrenchment of faculty members, and paragraph explains in detailed terms the rights of faculty with standard appointments, i.e. tenured faculty: \"retrenchment of an Employee shall not occur if a position can be made available by the elimination of part-time and overload assignments and temporary and initial appointments for which the Employee is qualified[.]\" Id. at Art. XII, \u00b6 E. Article of the provides, except with respect to the provisions for termination under Section VI, that a faculty member may be discharged \"only for just cause.\" Id. at Art. X, \u00b6 A. In other words, a faculty member under an initial appointment during the first five years has the right to a statement of reasons for non-renewal, but has no appeal process faculty member who is denied another year of employment during the sixth year has the right to both a statement of reasons and an appeal to the Board. Standard appointment, or tenured, faculty members, are guaranteed employment absent \"just cause\" for dismissal. During his sixth year at NCC, in February of 2009, Mr. Heneghan was notified that he was recommended for standard appointment to NCC's Board of Trustees (\"the Board\"). Def \u00b6 14. On March 5, 2009, the Board voted to approve his standard appointment. Id. at \u00b6 15. In a memorandum to Mr. Heneghan, Kathy Siegfried, Director of Human Resources at the College, notified him of the Board's vote, stating that his appointment was \"effective with the 2009/10 academic year.\" Def. Ex. 3. However, on March 13, 2009, Heneghan received a letter, written by College President Arthur Scott and delivered by Vice-President of Administrative Affairs Mike McGovern, reversing this decision. See Def. Ex. 1, Heneghan Dep. Session 1, July 19, 2010 (\"Heneghan Dep. 1\"), at 73-75. It stated, \"This is to officially notify you that we are rescinding the March 6, 2009 memorandum notifying you of the College's decision to grant you a standard appointment. This decision has been delayed until further notice.\" Def. Ex. 4. At some point in late March, 2009, Mr. Heneghan attended a meeting with Helene Whitaker, Vice-President of Administrative Affairs, Dr. Bugaighis, Dr. McGovern, and Margaret Closson, Vice-President of Student Affairs. Heneghan Dep. 1, 82:19-83:24. He was informed by these administrators that his tenure had been rescinded due to non-collegial conduct with his colleagues and because \"the college had discovered several things about [his] work that were cause for concern.\" Heneghan Dep. 1, 84:6-13; Def. Ex. 2, Heneghan Dep. Session 2, Jan. 31, 2011 (\"Heneghan Dep. 2\"), at 27:1-17. Specifically, Ms. Whitaker accused Mr. Heneghan of sexually harassing a student, kissing a student, and providing beer to underage students. See Heneghan Dep. 2, 27:1-17; Heneghan Dep. 1, 85-88. Mr. Heneghan answered questions about these allegations, explaining with respect to the beer that he had attended a student cast party and brought beer, but that the beer was for his personal consumption. Heneghan Dep. 1, 86:12-17. He admitted during his deposition that he didn't actually drink any of the beer, and left it all in the refrigerator at the party. See id. at 87. The administrators also asked him about an interaction with a student in which he had \"humiliated\" that student. Heneghan Dep. 2, 43:4-19. Following the meeting and on April 2, 2009, Mr. Heneghan sent a three-page letter to Ms. Whitaker, Ms. Closson, Dr. *353 McGovern and Dr. Bugaighis responding to some of the issues raised during the meeting. Def. Ex. 15. In the letter, Mr. Heneghan admitted that he had both commented on a student's \"look and physical presence\" in front of a class, and kissed a student during a rehearsal but apologized to her. See id. His letter was in large part directed at the collegiality issue addressed at the meeting. He explained that \"inconsistencies with my colleagues have been a challenge,\" and detailed many conflicts that had arisen between him and Jaye Beetem, another faculty member in the Theatre Department. See id. He asked that the recipients of the letter communicate his thoughts with the Board of Trustees \"as this process continues.\" Id. On April 2, 2009, the Board of Trustees ratified the rescission of Mr. Heneghan's standard tenure appointment. See Def \u00b6 24; Def.'s Ex. 10. On April 9, 2009, Mr. Heneghan officially appealed the decision rescinding his tenure by sending a letter to Ms. Whitaker, citing his appeal rights under Article of the pertaining to sixth year initial appointment faculty members. See Def. Ex. 5. He notified Ms. Whitaker that he would be represented by Shelly Snyder, of the American Federation of Teachers, in his appeal. See id.; Def \u00b6 31. On April 15, 2009, Mr. Heneghan received a letter from Ms. Whitaker confirming the reasons for the rescission. She cited his non-collegial behavior with his colleagues and troubling interactions with students, including bringing beer to cast parties, kissing a student, humiliating numerous students, and using inappropriate language. See Def. Ex. 6. On April 20, 2009, Mr. Heneghan was informed by letter that the Board of Trustees would hear his appeal on May 7, 2009. See Def. Ex. 7. He had requested a closed hearing before the board, but Ms. Whitaker, Dr. Bugaighis, and Dr. McGovern were present. Heneghan Dep. 1, 146:8-21. Mr. Heneghan gave an opening statement asking the Board to remember his work as a teacher in considering whether to grant him tenure. Id. at 147:16-148:17. Ms. Snyder also made opening comments to the Board. Id. at 150:17-151:4. Mr. Heneghan gave the Board materials in support of his arguments, including letters on his behalf. Id. at 144-145. He was asked questions about the same allegations addressed in his earlier correspondence with Ms. Whitaker, including bringing beer to a student event, his collegiality with other department members, his use of language, and other incidents Ms. Whitaker had identified in her April 15, 2009, letter. See id. at 151-152. Mr. Heneghan responded to all questions asked of him. Id. at 152:10-153:5. He learned the next day that the Board had voted unanimously not to grant him tenure. Id. at 156:15-24. He received official notice that his appeal had been denied on May 11, 2009. Def \u00b6 34. On May 13, 2009, Mr. Heneghan filed a union grievance regarding NCC's decision denying him tenure. Def. SMF, \u00b6 35; Def. Ex. 8. Article of the sets forth the rules for the filing of grievances. Under these rules, a grievant shall \"present a grievance at the lowest administrative level having authority to dispose of the grievance within fifteen (15) College days after the occurrence or condition giving rise to the grievance Art. XIV, \u00b6 D. The College's administrative representative has fifteen days to submit a written response to the grievant, and if the employee's grievance is not resolved by the response, the grievant may appeal to the President of the College. Id. Following appeal to the President, the grievant, may, through the Federation, submit the matter to the American Arbitration Association for arbitration. Id. Mr. Heneghan's grievance was denied. The Federation decided not to proceed with the second step of the *354 grievance process by appealing to the President. Def \u00b6 36. B. Facts Relevant to Gender Discrimination Claim Julie (\"Jaye\") Beetem was hired as a faculty member in the Theatre Department at in January of 2006. Second Am. Compl. \u00b6 14. She was not Heneghan's supervisor. Def \u00b6 4. In his Second Amended Complaint, Mr. Heneghan alleges that after Ms. Beetem was hired, \"[i]t quickly became obvious [] that [she] was hostile to males in Theatre.\" Second Am. Compl. \u00b6 15. Mr. Heneghan alleges that evidence of this consisted of (1) her hostile response to a male guest play director in the Spring 2006 semester; (2) the fact that she was \"directly responsible for at least two male students withdrawing from the Theatre program at NCC\"; (3) her spreading \"false rumors\" about another male guest director in the Spring 2008 semester; (4) her opposition to a male candidate for a position in the Theatre department; and (5) the fact that, beginning in 2007, she \"began a course of conduct aimed at having Heneghan removed from his position\" at NCC. Id. at \u00b6\u00b6 15, 19, 20, 25-26, 28. With respect to her alleged attempts to have Mr. Heneghan fired, he claims Ms. Beetem \"attempted to blackmail him,\" made statements indicating that \"she was going to destroy Heneghan's employment at and [] compromise his ability to obtain work elsewhere in educational theatre,\" failed to perform her duties in connection with a play he directed, blamed him for an injury to a student that was actually her fault, excluded him from department decisions, and finally, \"began a campaign against him designed to have his tenure revoked\" after she learned of the decision granting him tenure. See id. at \u00b6\u00b6 22, 23, 29, 32-35, 38, 39. Mr. Heneghan alleges he \"made complaints to Dr. [] Bugaighis about the sexually discriminatory actions by Beetem, but no action was taken to stop her,\" that he \"made administration aware of these threats by Beetem, specifically to [sic] Dr. Bugaighis,\" and that he \"made a complaint to Bugaighis by letter of March 5, 2008 that Beetem was attempting to undermine him.\" Id. \u00b6 21, 24, 27. During his deposition, Mr. Heneghan testified that he had \"said to Dr. Bugaighis on a few occasions that [Ms. Beetem] seems to be having trouble with\" or \"had problems with\" various male guest directors working in NCC's theatre program. Heneghan Dep. 1, 200:8-14. He explained that Ms. Beetem had threatened him by confronting him with an accusation that he should not be directing a play that used funds allocated by the College Life Committee, a committee that he chaired. See Heneghan Dep. 2 at 13:21-17:15. He told Dr. Bugaighis that Ms. Beetem had accused him of \"using money illegally or [fraudulently],\" and explained the circumstances of the situation to her. See id. at 17-19:10 Dr. Bugaighis said she would look into it and never brought up the topic again. See id. While Mr. Heneghan suspected that Ms. Beetem had voiced her allegations to others, he had no facts supporting that conclusion. See id. at 19:11-20:12. He also told Dr. Bugaighis that Ms. Beetem had told him \"that [his] window for obtaining a job at a four year college or university was rapidly closing\" and told him that if he was going to leave NCC, he should do so soon. Id. at 21:12-19. Dr. Bugaighis did nothing about this. Id. at 22:4-9. Mr. Heneghan again referred to the letter he sent to Dr. Bugaighis on March 5, 2008, voicing his concern that Ms. Beetem had accused him of not properly doing his job. See id. at 22:15- 24:24. He claimed that the letter described the divisiveness that Ms. Beetem created in the department. See id. at 25:20-26:2 Mr. Heneghan has not produced this letter. *355 Mr. Heneghan admitted that he had no evidence that the concerns brought up by administrators in connection with the rescission of his tenure appointment came from reports by Ms. Beetem. Heneghan Dep. 2, 27:9-16. He admitted that in his conversations with Dr. Bugaighis about Ms. Beetem, he never accused her of sexual harassment or sexual discrimination, and instead simply \"[let] Dr. Bugaighis know that [Ms. Beetem] had a problem with me and other guys.\" Id. at 28:23-29:7. The \"other guys\" to whom he was referring were two men from the media services department that Ms. Beetem accused of, and reported for, taking drugs during an on-campus event. See id. at 29:6-30. He also described instances in which Ms. Beetem had been unhelpful, hostile, or rude to male students 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 2/8 in the Theatre Department and to a male music director working there. See Heneghan Dep. 2, 71:22-75:15. Mr. Heneghan stated that had told Dr. Bugaighis that Ms. Beetem didn't want him in the program, told him that his window of opportunity for work at a four year college was closing, and undermined his work. See id. at 33:1-18. Mr. Heneghan did not remember ever voicing concerns about Ms. Beetem's anti-male animus, towards him or any other males, during his meeting with the Board on May 7, 2009. See id. at 41:7-12. C. Procedural Posture Mr. Heneghan filed a complaint in this Court on October 29, 2009. He filed an amended complaint on January 19, 2010, against Northampton Community College, Dr. Bugaighis, and Dr. Whitaker. After he filed his amended complaint, defendants filed a motion to dismiss. In a Memorandum and Order dated July 7, 2010, this Court ruled that dismissal of Mr. Heneghan's procedural due process claim was inappropriate. This Court did not find that Mr. Heneghan had achieved tenured status as a result of the Board's March 5, 2009 vote. Mem. Granting in Part and Denying in Part Def.'s Mot. To Dismiss, 10 (\"Viewing the facts alleged in the complaint in his favor, it would be inappropriate to find as a matter of law that Heneghan had no property interest in continued public employment with NCC. Heneghan alleges that the Board's March 5, 2009 vote granted him tenure.\" (emphasis added)). Following the Court's ruling on the motion to dismiss, Mr. Heneghan filed a second amended complaint containing the same factual averments. In Count I, he alleges that is liable under 42 U.S.C. \u00a7 1983 for violating his \"constitutionally protected right to tenured public employment.\" Second Am. Compl. \u00b6 46. In Count II, he alleges that is liable under Title of the Civil Rights Act (\"Title VII\") for \"treating [him] in a disparate manner based upon his sex.\" Id. at \u00b6 50. In Count III, he alleges that and Dr. Bugaighis are liable under the Pennsylvania Human Relations Act (\"PHRA\") for \"subjecting [him] to more onerous working conditions and treating [him] in a disparate manner.\" Id. at \u00b6 53. Defendants have filed a motion for summary judgment in their favor on these claims Summary judgment is proper \"if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed.R.Civ.P. 56(a factual dispute is \"material\" only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (/opinion/111719/anderson-v-liberty-lobby/), 248, 106 S.Ct. 2505 (/opinion/111719/anderson-v-liberty- lobby/), 91 L.Ed.2d 202 (/opinion/111719/anderson-v-liberty-lobby/) (1986). For an issue to be \"genuine,\" a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. Id. (/opinion/111719/anderson-v-liberty-lobby/) *356 party seeking summary judgment initially bears responsibility for informing the court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/), 322, 106 S.Ct. 2548 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/), 91 L.Ed.2d 265 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/) (1986 party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing relevant portions of the record, including depositions, documents, affidavits, or declarations, or showing that the materials cited do not establish the absence or presence of a genuine dispute, or showing that an adverse party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c). Summary judgment is therefore appropriate when the non-moving party fails to rebut the moving party's argument that there is no genuine issue of fact by pointing to evidence that is \"sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\" Celotex, 477 U.S. at 322 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett- administratrix-of-the-estate-of/), 106 S.Ct. 2548 (/opinion/111722/celotex-corporation-v-myrtle-nell-catrett-administratrix-of-the-estate-of/); Harter v Corp., 967 F.2d 846, 852 (3d Cir.1992 A. Procedural Due Process Claim Mr. Heneghan alleges that violated his rights under section 1983 \"by depriving him of his constitutionally protected right to tenured public employment as guaranteed by the Fourteenth Amendment. . . in that Plaintiff was terminated from his position.\" Second Am. Compl. \u00b6 46. The Fourteenth Amendment prohibits deprivations \"of life, liberty, or property, without due process of law.\" U.S. Const. amend. XIV, \u00a7 1. If a plaintiff asserts individual life, liberty, or property interests, states are required to ensure that certain procedural safeguards are in place before the plaintiff is deprived of those interests. Alvin v. Suzuki, 227 F.3d 107 (/opinion/770490/john-d-alvin-general-partner-pharmakon-inc-clinical-pathology-facility/), 116 (3d Cir.2000). To have a property right in public employment protected by procedural due process, \"a person must have more than a unilateral expectation of continued employment[.]\" Elmore v. Cleary, 399 F.3d 279 (/opinion/789367/karen-elmore-v-donald-cleary-eugene-turner-kenneth- naugle-and-huntington/), 282 (3d Cir.2005). He must instead have \"a legitimate entitlement to such continued employment.\" Id. (/opinion/789367/karen-elmore-v-donald-cleary-eugene-turner-kenneth- naugle-and-huntington/) (citing Bd. of Regents of State Colls. v. Roth, 408 U.S. 564 (/opinion/108608/board-of-regents-of-state-colleges-v-roth/), 577, 92 S.Ct. 2701 (/opinion/108608/board-of-regents-of- state-colleges-v-roth/), 33 L.Ed.2d 548 (/opinion/108608/board-of-regents-of-state-colleges-v-roth/) (1972 legitimate property interest in continued employment with the government arises from the operation of state law, which can confer such an interest either through statute or through a contract. Bishop v. Wood, 426 U.S. 341 (/opinion/109476/bishop-v-wood/), 345-46 & n. 8, 96 S.Ct. 2074 (/opinion/109476/bishop-v-wood/), 48 L.Ed.2d 684 (/opinion/109476/bishop-v-wood/) (1976); Perry v. Sindermann, 408 U.S. 593 (/opinion/108609/perry-v-sindermann/), 601, 92 S.Ct. 2694 (/opinion/108609/perry-v-sindermann/), 33 L.Ed.2d 570 (/opinion/108609/perry-v-sindermann/) (1972); Unger v. Nat'l Residents Matching Program, 928 F.2d 1392 (/opinion/557998/lisa-d-unger-v-national-residents-matching-program-temple-university-of/), 1398 (3d Cir. 1991). Because public employees in Pennsylvania are presumed to be at-will employees, a property interest under an employment contract with the government arises only if termination under that contract must be \"for cause.\" Unger, 928 F.2d at 1399 (/opinion/557998/lisa-d-unger-v-national-residents-matching-program-temple-university-of/); see also Gilbert v. Homar, 520 U.S. 924 (/opinion/118125/gilbert-v-homar/), 928-29, 117 S.Ct. 1807 (/opinion/118125/gilbert-v-homar/), 138 *357 L.Ed.2d 120 (1997) (\"[P]ublic employees who can be discharged only for cause have a constitutionally protected property interest in their tenure and cannot be fired without due process legitimate claim of entitlement to continued employment can also arise from a government employer's policies and practices. See Perry, 408 U.S. at 602 (/opinion/108609/perry-v-sindermann/), 92 S.Ct. 2694 (/opinion/108609/perry-v-sindermann/). If a public employee has a legitimate interest in continued employment, he is entitled to \"oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story\" before his or her employment is terminated. Cleveland Bd. Of Ed. v. Loudermill, 470 U.S. 532 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 546, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 84 L.Ed.2d 494 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/) (1985). Notice and an opportunity to be heard are necessary because of the significance of the private interest in retaining employment, and because of the importance of such procedures in ensuring that employing officials reach an accurate decision, both in terms of the facts alleged and the appropriateness of the response. See id. at 543-544, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill pre-termination hearing in the public employment context is to operate as an \"initial check against mistaken decisions.\" Id. at 545, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/). Such a hearing is \"essentially a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\" Id. at 546, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/). Therefore, a pre-termination hearing can be \"`something less' than a full evidentiary hearing\" and \"need not be elaborate.'\" Id. at 545, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/). \"The opportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement.\" Id. at 546, 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v- loudermill/). 1. Existence of a Property Interest Although the College concedes for the purpose of argument that Mr. Heneghan had a protected property interest, it also argues that Mr. Heneghan was not deprived of a property interest because his standard appointment for tenure did not take effect until the 2009-2010 school year, and the vote granting him tenure was rescinded in April of 2009, before the 2009-2010 school year began. See Def.'s Mem. In Support of Mot. For Summary J. at 4, n. 4. Mr. Heneghan argues in response that he had a legitimate expectation of continued employment both because the Board's vote on March 5, 2009 was executory and would take effect the following fall without further action, and because no professor had ever had a tenure decision reversed. Ms. Whitaker testified that had never before had a situation where a professor was recommended for a standard appointment, the Board accepted the recommendation, and the decision was rescinded only a few days later. Whitaker Dep. 30:22-31:11. Relevant Supreme Court precedent \"has made clear that a government employer's policies and practices can create a legitimate claim of entitlement to continued employment.\" Gunasekera v. Irwin, 748 F.Supp.2d 816, 822 (S.D.Oh.2010) (citing Perry, 408 U.S. at 602 (/opinion/108609/perry-v-sindermann/), 92 S.Ct. 2694 (/opinion/108609/perry-v-sindermann/)) (finding that tenured professor who was terminated from his position had a legitimate claim of entitlement to continued employment where, before he was stripped of his position, \"no other professor had ever suffered such a sanction.\"). Mr. Heneghan *358 has demonstrated that, at the time his standard appointment was revoked, it was NCC's practice to honor granted tenure appointments the following academic year. He has also demonstrated that the College had never before revoked a standard tenure appointment after granting it. Mr. Heneghan has therefore presented sufficient facts on summary judgment to demonstrate that he had a legitimate claim of entitlement to continued employment following the Board's vote granting him a standard appointment. 2. Adequacy of Process Afforded accepts for the sake of argument that Mr. Heneghan had a protected property interest, and maintains that \"it is beyond dispute that he was provided with due process.\" Def.'s Mem., 4. Before considering whether the process received by Mr. Heneghan was in accord with the requirements of the due process clause briefly note Mr. Heneghan's argument that he was entitled to a \"hearing before a neutral hearing officer.\" Pl.'s Mem. at 7. Mr. Heneghan is incorrect. He relies on only one case, inapplicable in the context of public employment, for his argument that he was entitled to a hearing before [2] [3] 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 3/8 a neutral officer, and fails to recognize that Loudermill provides the standard applicable in his case. Assuming Mr. Heneghan had a legitimate expectation of continued employment based on the Board's vote, he was entitled, under Loudermill to be made aware of the College's allegations of inappropriate behavior and to respond to those allegations in order to ensure that officials could hear his side of the story. He was not entitled to an elaborate, adversarial proceeding but rather could tell his story either in person or in writing. Mr. Heneghan received the process to which he was entitled. Shortly after receiving the letter informing him that the Board's tenure decision had been revoked, but before it reached a final decision on the issue, Mr. Heneghan was invited to attend a meeting with four college administrators where he was told of NCC's concerns about his treatment of students, specifically *359 kissing a student and bringing beer to a student party, and his non-collegial behavior with other professors in his department. He was given a chance to respond orally to these concerns. He also submitted a letter to the same officials further explaining his view of the incidents. It was not until after the meeting with the officials and his submission of a written response that the Board ratified the rescission of his appointment. Following that decision, he was given a written explanation of the reasons for the rescission and was given yet another opportunity to explain his side of the story when he was granted an appeal before the Board. At that appeal, he had the representation of a Federation lawyer, he was able to submit documents in support of his arguments, he gave an opening statement, and he answered questions about the allegations against him viewed Mr. Heneghan's situation as a denial of standard appointment and not as a revocation of already-granted tenure. Therefore, when Mr. Heneghan filed a grievance, the remedy available to tenured faculty in the event of termination or discipline, it was denied. However, Mr. Heneghan did not proceed to the following two steps of the grievance process, which were presumably available to him. He admits that the Union, which represented him, elected not to do so. Mr. Heneghan was afforded numerous opportunities to explain his side of the story before his tenure was revoked\u0000he did so both orally and in writing before an ultimate decision was made on rescission, he was afforded a hearing following rescission, and there was a three-step, post-termination grievance process available to him, which he did not pursue past the first step. The undisputed facts show that he was afforded the process due to him prior to the Board's rescission of his tenure appointment, and that adequate post-deprivation remedies were available pursuant to the CBA. Therefore, summary judgment in NCC's favor on his procedural due process claim will be granted. B. Employment Discrimination Claim Mr. Heneghan alleges that the College discriminated against him on the basis of gender in violation of Title and the PHRA. He claims that Ms. Bugaighis is liable under the for aiding and abetting NCC's illegal discrimination. Under Title and the PHRA, it is unlawful to discriminate against an individual with respect to the compensation, terms, conditions or privileges of employment because of that individual's gender. 42 U.S.C. \u00a7 2000e-2(a)(1). \"[G]ender-based employment discrimination claims can be brought under theories of hostile work environment, disparate treatment, or disparate impact.\" Tomaselli v. Upper Pottsgrove Twp., No. 04-2646, 2004 2988515 at *3 (E.D.Pa. Dec. 22, 2004). In his complaint, Mr. Heneghan alleges that he was subject to disparate treatment, in that he was treated less favorably than females in the Theatre Department, reported *360 threats made to him by Ms. Beetem to the administration and never received a response, and then had his tenure decision revoked on the basis of Ms. Beetem's unsubstantiated allegations. See Second Am. Compl. \u00b6\u00b6 22-24, 40-41, 50, 53 plaintiff can prove discrimination through either direct, see Torre v. Casio, Inc., 42 F.3d 825 (/opinion/684359/67-fair-emplpraccas-bna-568-66-empl-prac-dec-p-43451-gabriel/), 829 (3d Cir.1994), or indirect evidence, see McDonnell Douglas Corp. v. Green, 411 U.S. 792 (/opinion/108786/mcdonnell-douglas-corp-v-green/), 802, 93 S.Ct. 1817 (/opinion/108786/mcdonnell-douglas-corp-v-green/), 36 L.Ed.2d 668 (/opinion/108786/mcdonnell-douglas-corp-v-green/) (1973). Direct evidence is evidence which, if believed, would prove the existence of a fact in issue without any inference or presumption. Torre, 42 F.3d at 829 (/opinion/684359/67-fair-emplpraccas-bna-568-66- empl-prac-dec-p-43451-gabriel/). It is evidence that demonstrates that \"decision makers placed substantial negative reliance on an illegitimate criterion in reaching their decision.\" Anderson v. Consol. Rail Corp., 297 F.3d 242 (/opinion/778417/wayne-s-anderson-william-r-bellamy-linda-a-bonner-robert-r-carter/), 248 (3d Cir.2002). \"Only the most blatant remarks, whose intent could be nothing other than to discriminate in reaching an employment decision, are considered sufficient to constitute direct evidence of discrimination.\" Weightman v. Bank of New York Mellon Corp., 772 F.Supp.2d 693, 702 (W.D.Pa.2011) (citing Taylor v. Procter & Gamble Dover Wipes, 184 F.Supp.2d 402, 413 (D.Del.2002)). In mixed motives cases, the plaintiff can survive summary judgment by showing with direct evidence that a protected characteristic was a motivating factor for an employment action. See 42 U.S.C. \u00a7 2000e-2(m); Cobetto v. Wyeth Pharmaceuticals, 619 F.Supp.2d 142, 155-56 (W.D.Pa.2007) (citing, inter alia, Desert Palace, Inc. v. Costa, 539 U.S. 90 (/opinion/130146/desert-palace-inc-v-costa/), 101, 123 S.Ct. 2148 (/opinion/130146/desert-palace-inc-v-costa/), 156 L.Ed.2d 84 (/opinion/130146/desert- palace-inc-v-costa/) (2003)). Under the mixed motives theory, \"both legitimate and illegitimate reasons motivated the [employment] decision.\" Desert Palace, 539 U.S. at 93 (/opinion/130146/desert-palace- inc-v-costa/), 123 S.Ct. 2148 (/opinion/130146/desert-palace-inc-v-costa/). The record in this case contains no evidence that Mr. Heneghan's gender was a motivating factor in his termination. He cites numerous incidents in which he was treated poorly by Ms. Beetem, but he points to no actual discriminatory remarks or blatant gender-based characterizations, instead describing situations in which the conflicts between he and Ms. Beetem were clearly based on legitimate workplace issues and concerns. Mr. Heneghan also admitted that, in his discussions about Ms. Beetem with Dr. Bugaighis, he never complained that she was sexually discriminating against him or sexually harassing him. Indirect, or circumstantial, evidence of discrimination is evidence that creates an inference of discrimination. When an employee relies on circumstantial evidence of discrimination, he must first establish a prima facie case before any burden shifts to the employer. McDonnell Douglas, 411 U.S. at 802 (/opinion/108786/mcdonnell-douglas-corp-v-green/), 93 S.Ct. 1817 (/opinion/108786/mcdonnell-douglas- corp-v-green/). To state a prima facie case, a plaintiff must show that: (1) he is a member of a protected class; (2) he was qualified for the position he sought to attain or retain; (3) he suffered an adverse employment action; and (4) the action occurred under circumstances that could give rise to an inference of intentional discrimination. See Makky v. Chertoff, 541 F.3d 205 (/opinion/1439705/makky-v- chertoff/), 214 (3d Cir.2008). Once the plaintiff establishes a prima facie case of discrimination, the burden of persuasion shifts to the employer *361 to articulate a legitimate, non-discriminatory reason for the challenged decision. Id. (/opinion/1439705/makky-v-chertoff/) If the defendant succeeds, the burden returns to the plaintiff to show that the employer's stated reason for termination was merely a pretext for intentional discrimination. Id. (/opinion/1439705/makky-v-chertoff/) Defendants argue that to establish a prima facie case under a disparate treatment theory of liability, a complainant must show that he was (1) a member of a protected class (2) who was qualified for the job from which he was discharged and (3) others not in the protected class were treated more favorably. Def.'s Mem. at 7 (citing Goosby v. Johnson & Johnson Medical, Inc., 228 F.3d 313 (/opinion/770614/deborah-s-goosby-v-johnson-johnson-medical-inc/), 318-319 (3d Cir. 2000 does not dispute that Mr. Heneghan has met the first two elements of this prima facie case, and instead argues that it is entitled to summary judgment because Mr. Heneghan \"has produced no evidence of any other similarly situated employee, let alone a female employee, who he contends was treated differently from him\" because he has failed to identify \"any other similarly situated individual who engaged in similar behavior who had his tenure appointment rescinded.\" Def.'s Mem., 8. Defendants' reliance on this standard is unsound. \"The prima facie case in a gender discrimination action is `highly factually dependent[,] and plaintiffs need not point to different treatment for similarly situated employees in every case,' though facts suggesting such different treatment are `highly probative' of discrimination.\" Hobson v. St. Luke's Hosp. & Health Network, 735 F.Supp.2d 206, 214 (E.D.Pa.2010) (citing Abbasi v. SmithKline Beecham Corp., No. 08-277, 2010 1246316, at *5 (E.D.Pa. Mar. 25, 2010)). Mr. Heneghan has produced evidence that no other employee, male or female, has ever had a tenure appointment revoked, so to dismiss his case under this proposed standard is inappropriate, since there is no way for him to compare his unique situation to that of another professor. Defendants do not address the first three elements of the properly stated, four-part prima facie case. Mr. Heneghan meets these elements\u0000he is a member of a protected class under Title VII, it appears he was qualified for the position, and rescission of his tenure appointment was an adverse employment action. Therefore, the question becomes whether has offered a legitimate, non-discriminatory reason for revoking his offer of tenure. Because cites and adheres to an improperly phrased standard for its prima facie case, it has not addressed whether Mr. Heneghan has offered evidence showing that his tenure was revoked under circumstances that could give rise to an inference of intentional discrimination. Neither has it argued that, assuming Mr. Heneghan has met his prima facie burden had a legitimate nondiscriminatory reason for rescinding his tenure. Mr. Heneghan fails to point out this deficiency in his response to the defendants' motion, arguing instead that his gender discrimination claims should survive summary judgment because he \"has testified that he brought numerous incidents of mistreatment of males by Beetem to the attention of Dr. Bugaighis ... and there is no evidence that any action at all was taken.\" Pl.'s Resp., 8. Mr. Heneghan has failed to allege conduct giving rise to an inference of discrimination. The evidence in the record, *362 and his own descriptions of his relationship with Ms. Beetem, indicate he and she had nothing more than a personality conflict. However, even assuming that he has stated a prima facie case, there is ample evidence in the record to conclude that had legitimate, nondiscriminatory reasons for rescinding Mr. Heneghan's tenure appointment. He admitted bringing beer to a student party, kissing a student during a play rehearsal, and making a comment about a student's physical appearance in class. In addition, he exhibited improper behavior towards his colleagues has provided evidence that its concerns about his non-collegial behavior were legitimate and arose prior to the rescission of his tenure appointment. As written by Dr. Bugaighis to Mr. Heneghan in August of 2008: You elected again this year to use the occasion of the annual self-assessment to lambaste colleagues and list your grievances. Last year gave it a pass. Despite the difficulties in the department last year, your colleagues did not reciprocate in kind. Despite your stormy relationship with Norman Roberts, he gave you a very positive peer evaluation for the year am increasingly concerned about your ability to work effectively within the department, and the college, regardless of the recent personnel change believe this is a serious impediment to your success at Northampton. Def. Ex. 14. Mr. Heneghan's self-evaluation that year indeed contained disparaging comments about Mr. Roberts. See id. Mr. Heneghan's inappropriate behavior with students and his demonstrated unwillingness to treat colleagues in his department with respect were legitimate nondiscriminatory reasons for rescinding his tenure, as expressed in the April 15, 2009 letter he received from Ms. Whitaker describing why the Board of Trustees adopted the recommendation that his tenure be revoked. See Def. Ex. 6. [4] [5] [6] [7] [8] [9] 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 4/8 Mr. Heneghan has failed to provide any evidence that NCC's stated reasons for rescinding his tenure were pretext for discrimination on the basis of his gender. His only argument, that he had brought numerous incidents of mistreatment of males to the attention of Dr. Bugaighis, is belied both by his deposition testimony and his own characterization of his complaints to her. In his letter to administrators providing his side of the story with respect to their accusations against him, he stated: [I]nconsistencies with my colleagues have been a challenge broached the subject last year with Elizabeth [Bugaighis] after Jaye Beetem and conflicted over production difficulties and personality issues ask you all to review my repeated attempts, in the spring of last year and throughout this year, to try to find mutual resolutions for conflict through the proper channels at NCC. Def.'s Ex. 15. In other words, even as it became clear that he was in danger of losing his job, Mr. Heneghan did not express concerns about sexual discrimination at the hands of Dr. Bugaighis or Ms. Beetem and rather stated that he and Ms. Beetem \"conflicted over production difficulties and personality issues.\" He has failed to offer any evidence whatsoever that NCC's stated reason for rescinding his tenure appointment was pretext for gender discrimination. Mr. Heneghan has failed to present sufficient evidence to survive summary judgment on his claim that discriminated against him on the basis of his gender. Because he has failed to state a claim against under Title and the PHRA, his aiding and abetting *363 claim against Dr. Bugaighis is also without merit For the reasons set forth above, defendants' motion for summary judgment will be granted NOW, this 11th day of July, 2011, upon careful consideration of the defendants' motion for summary judgment (Document No. 43), and the plaintiff's response thereto (Document No. 45 that: 1. The motion is GRANTED. 2. The Clerk of Court is directed to make this case CLOSED. Ronald Heneghan has filed a motion for reconsideration of this court's July 11, 2011 memorandum and order granting defendants' motion for summary judgment. He claims this Court improperly failed to consider relevant precedent set forth in McDaniels v. Flick, 59 F.3d 446 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) (3d Cir. 1995). Because McDaniels does not support Mr. Heneghan's contention that there is a genuine dispute whether his procedural due process rights were violated, his motion for reconsideration will be denied Mr. Heneghan was a professor at Northampton Community College (\"the College\") who was granted tenure by the Board of Trustees only to have that decision revoked before it could take effect. Because the facts are set forth in detail in this Court's memorandum and order granting the motion for summary judgment filed by the College and its Dean of Humanities and Social Sciences, Elizabeth Bugaighis will repeat only those facts relevant to the instant motion. Mr. Heneghan seeks reconsideration of this Court's ruling only insofar as it granted summary judgment in the College's favor on his procedural due process claim. For purposes of the arguments raised in the motion for reconsideration, it bears repeating that Mr. Heneghan's case is indeed unique: instead of being denied tenure, or being fired at some point during his career as a tenured employee, Mr. Heneghan was initially granted tenure by the Board of Trustees in February of 2009 only to have this decision quickly revoked after allegations surfaced that he had engaged in inappropriate conduct with students and behaved rudely to his colleagues. This, as admitted by College officials, had never happened before at the College. After Mr. Heneghan first received notice in March of 2009 that his tenure appointment had been rescinded, he filed a notice of appeal citing Article of the Collective Bargaining Agreement (\"CBA\") entered into between the College and the American Federation of Teachers (\"the Union\"), the union of which he was a member. Under Article \u00b6 C, faculty members who are denied tenure after teaching for six years at the College are entitled to appeal that denial before the College's Board of Trustees. Mr. Heneghan didn't quite fall into this category, since after six years of teaching he had actually briefly been granted tenure before the decision was rescinded. He was granted an appeal, and he appeared for a hearing before the Board of Trustees on May 7, 2009, where he implored its members not to rescind his tenure appointment. They rescinded it nonetheless. Mr. Heneghan was accompanied to the hearing by Shelly Snyder, a Union representative. *364 He stated that his conversations with her gave him the impression that after the Board denied his appeal, he had no further recourse. Heneghan Dep. Session 1, 125:24-126:4. She allegedly told him that appeal to the Board of Trustees under Article was his \"only avenue\" for appeal of the rescission. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) at 126: 2-4. Indeed, Ms. Snyder testified that she thought appeal to the Board had been the proper route for Mr. Heneghan to take. Snyder Dep. 24:14-16 thought that the contract language under Article 4 was pretty clear as to what his status was as an employee with the Community College.\"). However, in the CBA, there is another section under which College employees may file grievances about College actions. This section, which appears at Article of the CBA, provides that \"a grievance is a complaint arising out of the interpretation, application, or violation of one or more of the express provisions of this Agreement Article \u00b6 A(1). Under this Article, a grievant shall \"present a grievance at the lowest administrative level having authority to dispose of the grievance within fifteen (15) College days after the occurrence or condition giving rise to the grievance Art. XIV, \u00b6 D. The College's administrative representative has fifteen days to submit a written response to the grievant, and if the employee's grievance is not resolved by the response, the grievant may appeal to the President of the College. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) Following appeal to the President, the grievant, may, through the Union, submit the matter to arbitration. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) Mr. Heneghan learned on May 10, 2009 that the Board had voted not to reinstate his tenure. On May 13, 2009, despite his claimed belief that he had no further recourse to appeal its decision, he filed a Union grievance under procedures set forth in the CBA. He used the College's official grievance report form. Ex. 8 to Def.'s Motion for Summary J. He sought a grant of tenure and a ruling that he could \"continue in his current position as Associate Professor of Communications/Theatre.\" Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) Mr. Heneghan's grievance was denied by Helene Whitaker, the College's Vice-President of Administrative Affairs, on the same day he filed it. Id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) The form itself contains a further section to be filled out as the grievant proceeds to step two of the process, appeal to the President or a designee. There is no record that Mr. Heneghan proceeded to the second step, or that he submitted the matter to arbitration under the third step. Mr. Heneghan testified that the decision not to proceed to the second step was made by the Union. Its decision was communicated to him by Mario Acerra, who told Mr. Heneghan in an email that the executive committee had done an investigation of his case and decided not to proceed. Heneghan Dep. Session 1, 168:15, 169:2-6. Mr. Heneghan stated that Mr. Acerra gave him the opportunity to call and ask questions, but that he did not do so and did not ask anyone else from the Union why it had not appealed the initial grievance denial. See id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/) at 169:170:23. For her part, Ms. Whitaker explained that she, as a representative of the College, denied Mr. Heneghan's initial grievance because she believed that his situation fell under the proscribed procedures for a faculty member who is denied tenure. See Whitaker Dep. 30:4-21. She understood that grievance procedures applied to professors terminated from their employment with the College. See id. (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr \"The purpose of a motion for reconsideration is `to correct manifest errors of law or fact or to present newly discovered evidence.'\" Lazaridis v. Wehmer, 591 F.3d 666 (/opinion/1463386/lazaridis-v- wehmer/), 669 (3d Cir.2010) (quoting *365 Max's Seafood Cafe v. Quinteros, 176 F.3d 669 (/opinion/764062/maxs-seafood-cafe-by-lou-ann-inc-successor-to-maxs-seafood-cafe-inc/), 677 (3d Cir.1999 court should grant a motion for reconsideration \"if the party seeking reconsideration shows at least one of the following grounds: (1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court granted the motion ...; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.\" Max's Seafood Cafe, 176 F.3d at 677 (/opinion/764062/maxs-seafood-cafe-by-lou-ann-inc-successor-to-maxs-seafood-cafe-inc/) (quoting N. River Ins. Co. v Reinsurance Co., 52 F.3d 1194 (/opinion/694584/north-river-insurance- company-v-cigna-reinsurance-company-individually/), 1218 (3d Cir.1995 In its initial summary judgment opinion, this Court identified the proper standard for review of Mr. Heneghan's claim as the one set forth in Cleveland Board of Education v. Loudermill, 470 U.S. 532 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 105 S.Ct. 1487 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/), 84 L.Ed.2d 494 (/opinion/111372/cleveland-bd-of-ed-v-loudermill/) (1985). Memorandum at 10-12. Loudermill establishes that, if a public employee has a legitimate interest in continued employment (and this Court found that Mr. Heneghan did), he is entitled to oral or written [1] 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 5/8 notice of the charges against him, an explanation of the evidence, and an opportunity to present his side of the story before his employment is terminated. Mr. Heneghan argued in his opposition to the College's motion for summary judgment that, as part of his procedural due process protections, he was instead entitled to a pre-deprivation formal hearing before a neutral hearing officer. Pl.'s Resp. to Def.'s Motion for Summ. J., 7 (\"[T]he only issue is whether there was an adequate pre-deprivation hearing. Here, there was not, since a hearing before a neutral hearing officer was required, and none was provided.\"). He cited one case, Schweiker v. McClure, 456 U.S. 188 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/), 72 L.Ed.2d 1 (/opinion/110694/schweiker-v-mcclure/) (1982), for this proposition. In the instant motion, Mr. Heneghan cites a new case and fundamentally alters his argument: he now insists, relying on McDaniels, that \"since the pre-deprivation process was not impartial ... the only way for Defendants to escape liability is if the Court is correct that Plaintiff had available a post-deprivation remedy in the union grievance process.\" Pl.'s Mem. in Support of Mot. For Reconsideration, 3 (emphasis added). In other words, where in his initial briefing Mr. Heneghan claimed that his pre-deprivation procedures were inadequate, he now claims his post-deprivation procedures were lacking. McDaniels involved the discharge of a tenured professor, Frank McDaniels, from the Delaware County Community College (\"DCCC\"). Following a trial in which the jury found against and awarded McDaniels substantial damages for violation of his procedural due process rights filed a motion for judgment as a matter of law in its favor. The District Court denied the motion and the Third Circuit reversed. After school officials initiated an investigation into charges that he had threatened and sexually harassed a student, McDaniels was afforded a pretermination hearing during which a school official explained the charges against him and allowed him to respond. Id. at 451-52. Subsequently, McDaniels was terminated from his position and told of his post-termination rights, which included having his action heard through a grievance procedure as provided under the terms of his union's collective bargaining agreement, or having a hearing before a committee of the College's board of trustees. Id. at 452. He appealed to the President of the College, but did not appeal the President's adverse decision to the board. Id. at 453. He did not pursue the matter in state court. Id. Rather, he began arbitration proceedings as provided under the collective bargaining agreement and then filed a federal action while they were pending. Id. *366 The Third Circuit re-affirmed that Loudermill provides the proper standard to assess the adequacy of pre-termination procedures afforded to a public employee. McDaniels, 59 F.3d at 456 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/). It then addressed McDaniels' argument that he should have been allowed to present evidence at trial that the pre- termination procedures he was afforded were \"a sham\" because the officials who conducted his initial interviews were not impartial. Id. at 458-59. The court ultimately rejected this argument. First, it observed that there is a key distinction between pre- and post-termination procedures in public employment cases: Although due process requires an impartial decisionmaker before final deprivation of a property interest, [Schweiker, 456 U.S. at 195 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/)], it is not clear that strict impartiality is required at each stage of the process. In situations as the one at hand, there are two stages, pretermination and posttermination, but normally the post-termination proceedings conclusively determine the employee's status. The pretermination hearing merely serves as `an initial check against mistaken decisions\u0000essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.' Id. at 459. The Court went on to observe that failure to provide an impartial decisionmaker in the pre-termination context does not in itself constitute a due process violation where the plaintiff has recourse to neutral, post-termination review. It stated: [A] discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post-deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker. Id. at 460. That leads to Mr. Heneghan's argument. He claims that since his predeprivation procedures were not impartial, \"the only way for Defendants to escape liability is if the Court is correct that Plaintiff had available a post-deprivation remedy in the union grievance process.\" Pl.'s Mem. in Support of Motion for Reconsideration, 3. He essentially argues that, since both Ms. Snyder and Ms. Whitaker were under the impression that Mr. Heneghan's appeal of the rescission of tenure was complete following his hearing before the Board of Trustees, he did not have an adequate post-deprivation remedy available through the Union grievance process. His argument fails. First, Mr. Heneghan bases his claim that the grievance process was unavailable to him on the fact that Ms. Whitaker and Ms. Snyder thought his appeal had ended with his hearing before the Board. With respect to Ms. Whitaker, her subjective belief about the procedures available to Mr. Heneghan does not have any effect on whether he could have pursued the grievance process. She was the person who denied his initial grievance; but had he proceeded to the next step, appeal to the President, she would have had no part in a denial at that stage. Neither could she have prevented him from pursuing arbitration through the Union. With respect to Ms. Snyder's representations to Mr. Heneghan, she made clear in her deposition that though her involvement in his case ended after his appeal before the Board of Trustees, he did in fact file a grievance with the assistance of other Union officials. Q: ... Would you agree with me that it would have been more beneficial to have considered him to have had *367 the right to grieve versus the right to appeal to the board? A: Well, in fact, he did grieve. There was a grievance that was filed on his behalf. Q: And what happened with the grievance? A: It did not proceed after the decision that the board of directors made and that was a decision that was made by the executive committee of the local. Q: Okay. Just so understand this, someone actually filed a grievance under the grievance provisions of the collective bargaining agreement? A: Yes. Q: Who did that assume then that that was the local's job to do. This was not something that did. Q: How do you know they actually did that think saw a copy of it. 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 6/8 Q: Okay. And that was the\u0000on a form that was provided for grievances? A: Yes. Q: It was eventually denied by an administrator? A: By Helene Whitaker. Q: Now, what it your understanding that the appeal procedure that you were involved in that resulted in the May board hearing was an appeal of the denial of that grievance of the appeal of something else believe that Article 4, Section was the appeal process that was required of Mr. Heneghan if he wanted to go before the board. Q: Okay. So did that have anything to do with the grievance that was denied by Helene Whitaker or do you think that was a separate process? A: It was\u0000to me it was a separate process. Q: What was your understanding about what could be done about Helene Whitaker's denial of that grievance? A: Well, if, in fact\u0000and would have to review their grievance procedure in the contract. If Helene's denial was first step, then\u0000or second step, then there would had to have been a third step if the local wanted to proceed with it. Snyder Dep. 24:17-26:12. Mr. Heneghan urges the Court to ignore both his admission on summary judgment that he was a member of the Union (Pl.'s Resp. to Def.'s Statement of Undisputed Material Facts, \u00b6 2) and his apparent belief that he was entitled to file a grievance, as evidenced by the fact that he did so. Mr. Heneghan was the person whose beliefs and actions mattered. To repeat McDaniels: \"a discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post-deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker.\" 59 F.3d at 460 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c- hess-jr/) (emphasis added). The Third Circuit has more recently stated: [N]o due process violation occurs as a result of an adverse employment action as long as the government provides the employee with notice and an adequate opportunity to be heard after the fact. McDaniels, 59 F.3d at 459-60 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c- hess-jr public employer may discharge its due process obligations by providing for facially adequate post-deprivation grievance procedures, even if the initial determination resulting in the deprivation was biased. Grievance procedures provided in collective *368 bargaining agreements may satisfy due process. Dykes v. Se. Penn. Transp. Auth., 68 F.3d 1564 (/opinion/706935/joseph-g-dykes-v-southeastern-pennsylvania-transportation-authority/), 1572 n. 6 (3d Cir.1995). Skrutski v. Marut, 288 Fed.Appx. 803, 808-809 (3d Cir.2008) (some internal citations omitted). Moreover, as pointed out by the College, there is no record evidence to support a claim that any College official took affirmative action to dissuade Mr. Heneghan from following the established grievance procedure. Ms. Whitaker denied his first grievance, and the clearly stated that a second and third step\u0000appeal to the President, and then arbitration\u0000followed the first. Mr. Heneghan admitted that it was the Union that elected not to proceed to the second step, and admitted that when Mr. Acerra communicated this decision to him, he told Mr. Heneghan to call him with any questions or concerns. Mr. Heneghan testified that he did not contact Mr. Acerra or anyone else from the Union. This Court stated on summary judgment that \"when Mr. Heneghan filed a grievance ... it was denied. However, Mr. Heneghan did not proceed to the following two steps of the grievance process, which were presumably available to him. He admits that the Union, which represented him, elected not to do so.\" Memorandum at 15. Mr. Heneghan has presented no evidence that this Court erred in finding that he could have, but did not, pursue the next two steps in the grievance process. Because there is no dispute that arbitration would have constituted a hearing before an impartial decision-maker, Mr. Heneghan has failed to show that his motion should be granted due to error of fact or law. Anticipating the College's argument that he could also have appealed his termination under Pennsylvania Local Agency Law, Mr. Heneghan claims that, to the extent McDaniels found that appeal under Local Agency Law was available, it was wrongly decided. Mr. Heneghan argues that Local Agency Law does not apply because \"the Pennsylvania Public Employee Relations Act (\"PERA\"), 43 P.S. \u00a7 [1101.101], et seq. [], provides that arbitration of disputes is the exclusive remedy available to a unionized public employee.\" Id. (emphasis in original). There is no basis upon which to believe McDaniels was wrongly decided. However, even accepting Mr. Heneghan's argument that the controls, his claim fails. In Dykes, the Third Circuit considered whether due process had been denied to a fired bus driver who availed himself of a three-step grievance procedure, following which his union did not carry the matter to arbitration. 68 F.3d at 1571 (/opinion/706935/joseph-g-dykes-v-southeastern-pennsylvania-transportation-authority/). The court recognized that under the PERA, \"federal labor law governs a challenge *369 to procedures followed in the termination of a public employee.\" Id. (/opinion/706935/joseph-g-dykes-v-southeastern-pennsylvania-transportation-authority/) (citing Crilly v. Se. Penn. Transp. Auth., 529 F.2d 1355 (3d Cir.1976)). However, it then ruled that the due process requirement of a post-deprivation hearing is satisfied whether the union proceeds to arbitration or not, since an employee dissatisfied with the way the grievance procedure was handled still has recourse in state court: If a public employee believes that the grievance process was defective, he may seek relief available under state law. Once an employee establishes that a `union has acted in bad faith towards its member[,] ... the Court of Common Pleas sitting in equity may order completion of the arbitration procedure.... Under this procedure a wrongfully discharged employee receives precisely the treatment all the employees in the unit are entitled to under the collective bargaining agreement.' Where a due process claim is raised against a public employer, and grievance and arbitration procedures are in place, we have held that those procedures satisfy due process requirements even if the hearing conducted by the Employer ... [was] inherently biased.' Id. (citing Martino v. Transp. Workers Union of Phila., Local 234, 505 Pa. 391 (/opinion/2049805/martino-v-transport-wrkersun-of-phil/), 409-410, 480 A.2d 242 (/opinion/2049805/martino-v-transport- wrkersun-of-phil/) (1984) and Jackson v. Temple Univ., 721 F.2d 931, 933 (3d Cir.1983)). Mr. Heneghan has failed to establish that grievance procedures were unavailable to him. Moreover, he had remedies to voice any dissatisfaction he had with the Union's handling of the process. The Third Circuit has recognized that if an employee believes a union has wrongly handled the grievance procedure, he can move to compel arbitration and thus pursue his rights under a CBA. This, too, was a state court option available to Mr. Heneghan. [2] [3] [4] 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 7/8 Mr. Heneghan received adequate predeprivation procedures under Loudermill because he was notified of the nature of the charges against him and given the opportunity to meet with school officials to explain his side of the story. Because adequate post-deprivation procedures were available to him, and he simply failed to take advantage of them, his case falls under the ruling in McDaniels. His motion for reconsideration will be denied. An appropriate order follows [1] Statements of fact by the defendant admitted by the plaintiff are cited herein. Statements of fact not admitted by the plaintiff are not cited, and the Court instead refers to evidence in the record, viewing that evidence in the light most favorable to the plaintiff. [2] Section 1983 imposes civil liability upon a person who, acting under color of state law, deprives another person of any rights, privileges or immunities secured by the Constitution or laws of the United States. 42 U.S.C. \u00a7 1983; Gruenke v. Seip, 225 F.3d 290 (/opinion/770263/joan-gruenke-individually-and-as-parent-and-natural-guardian-of-leah/), 298 (3d Cir.2000). \"To state a claim under \u00a7 1983, a plaintiff must show that the defendant, through conduct sanctioned under the color of state law, deprived her of a federal constitutional or statutory right.\" Gruenke, 225 F.3d at (/opinion/770263/joan- gruenke-individually-and-as-parent-and-natural-guardian-of-leah/)298 (citing Morse v. Lower Merion Sch. Dist., 132 F.3d 902 (/opinion/749872/jerome-p-morse-individually-and-as-of-the-estate-of-diane-m- morse/), 907 (3d Cir.1997)). The defendants do not dispute that is subject to liability under Section 1983 or that Section 1983 applies to violations of the Fourteenth Amendment. [3] The defendants state in their brief that \"plaintiff was not deprived of a liberty interest\" because his tenure appointment had not yet taken effect. Because Mr. Heneghan nowhere asserts deprivation of a liberty interest and instead asserts that he was deprived of a property interest will not consider whether there is a liberty interest at stake. [4] This case, Schweiker v. McClure, 456 U.S. 188 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/), 72 L.Ed.2d 1 (/opinion/110694/schweiker-v-mcclure/) (1982), addressed the procedural due process that must be afforded to individuals making claims under Part of the Medicare program. See id. at 189-90, 102 S.Ct. 1665 (/opinion/110694/schweiker-v- mcclure/). The government authorized the Secretary of Health and Human Services to contract with private insurance carriers to administer claims under Medicare Part B, and the Court ruled that due process demands impartiality on the part of those hearing officers who reviewed claim denials, because they were acting in \"judicial or quasi-judicial capacities.\" See id. at 195, 102 S.Ct. 1665. In concluding that Medicare beneficiaries were entitled to a hearing before a neutral officer, the Court considered the now-familiar factors articulated in Mathews v. Eldridge, 424 U.S. 319 (/opinion/109382/mathews-v-eldridge/), 335, 96 S.Ct. 893 (/opinion/109382/mathews-v-eldridge/), 47 L.Ed.2d 18 (/opinion/109382/mathews-v-eldridge/) (1976): \"the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.\" The Court accepted the District Court's conclusion that the private interest in Part reimbursement was \"considerable\" though \"not quite as precious as the right to receive welfare or social security benefits.\" Schweiker, 456 U.S. at 198 (/opinion/110694/schweiker-v-mcclure/), 102 S.Ct. 1665 (/opinion/110694/schweiker-v-mcclure/). The Supreme Court applied the Mathews factors in the context of public employment in Loudermill, and set forth the standard described in the body of this memorandum. See infra Section III(A). Mr. Heneghan fails to recognize that because the property interest at stake in Schweiker\u0000benefits under a government-run medical insurance program\u0000is distinct from the property interest at stake in public employment cases, the procedures required under the Fourteenth Amendment differ considerably in each case. Schweiker is simply inapplicable here. [5] The is construed in accordance with its federal counterparts, including Title VII. See Kelly v. Drexel Univ., 94 F.3d 102 (/opinion/725054/francis-j-kelly-v-drexel-university/), 104 (3d Cir.1996). [6] Under the PHRA, it is unlawful for any employee \"to aid [or] abet the doing of any act declared [under the PHRA] to be an unlawful discriminatory practice[.]\" 43 P.S. \u00a7 955(e). Dr. Bugaighis only faces aiding and abetting liability if there is evidence that the College's employment decision was motivated by gender discrimination. See Milby v. Greater Philadelphia Health Action, No. 06-4556, 2008 2278143, *5 (E.D.Pa. June 3, 2008) (concluding that because the court found that plaintiff had failed to adduce competent evidence of discrimination against her by the employer, her claims against the individual defendants were without merit). [7] See, e.g. Heneghan Dep. 2 at 14-17 (describing Beetem's concern that Mr. Heneghan's position on the college life committee created a conflict of interest where that committee allocated money for a play Heneghan directed); id. at 20:5-12 (admitting that he had no facts to support his suspicion that Beetem had shared her concerns with other colleagues in the department); 29:6-30:20 (describing Beetem's concern about two men in media services because she suspected them of using drugs, not simply because they were male). [8] See Heneghan Dep. 2 at 30:17-22. [9] The protected class element has been extended to reach cases of \"reverse discrimination,\" where a member of a majority group alleges that he or she was discriminated against in favor of a member of a minority group. Iadimarco v. Runyon, 190 F.3d 151 (/opinion/765994/charles-a-iadimarco-v-marvin-t-runyon-postmaster-general/), 158 (3d Cir.1999). Mr. Heneghan's claim of gender discrimination falls into this category. [1] See Memorandum at 1-6, Heneghan v. Northampton Community College, et al., 09-4979, 801 F.Supp.2d 347, 2011 2708446 (E.D.Pa. filed July 11, 2011) (\"Memorandum\"). [2] Pennsylvania Local Agency Law Section 752 provides that \"a[]ny person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals[.]\" 2 PA.C.S.A. \u00a7 752. That court may hold a de novo hearing \"[i]n the event a full and complete record of the proceedings before the local agency was not made.\" 2 PA.C.S.A. \u00a7 754. [3] McDaniels held that, because the parties stipulated that was a local agency subject to the provisions of Local Agency Law, it was clear that \"the state offered [McDaniels] sufficient process to protect his property rights.\" 59 F.3d at 461 (/opinion/699217/frank-mcdaniels-v-james-r-flick-john-m-fitzpatrick-frank-c-hess-jr/). [4] In support of this assertion, Mr. Heneghan cites Borough of New Cumberland v. Police Emps. of the Borough of Cumberland, 51 Pa. Cmwlth. 435, 414 A.2d 761 (Pa.Cmwlth. 1980), which concerned Section 4(a) of Act 111, a Pennsylvania statute that applies solely to disputes between public employers and police or firemen. See 43 P.S. \u00a7 217.4(a). Therefore, it is no help in considering what effect, if any, the has on his claim. 2/27/25, 7:52 Heneghan v. Northampton Community College, 801 F. Supp. 2d 347, 2011 2708446, 2011 U.S. Dist 84221 \u2013 CourtListe\u2026 8/8", "7462_102.pdf": "From Casetext: Smarter Legal Research Heneghan v. Northampton Cmty. Coll. United States District Court, E.D. Pennsylvania. Aug 1, 2011 801 F. Supp. 2d 347 (E.D. Pa. 2011) Copy Citations Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Civil Action No. 09\u201304979. 2011-08-1 Ronald HENEGHAN, Plaintiff v COLLEGE, et al., Defendants. David Deratzian, George S. Kounoupis, Hahalis & Kounoupis, PC, Bethlehem, PA, for Plaintiff. John E. Freund, III, Lucas John Repka, King, Spry, Herman, Freund & Faul, LLC, Bethlehem, PA, for Defendants. Sign In Search all cases and statutes... Opinion Case details 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 1/31 *351 David Deratzian, George S. Kounoupis, Hahalis & Kounoupis, PC, Bethlehem, PA, for Plaintiff. John E. Freund, III, Lucas John Repka, King, Spry, Herman, Freund & Faul, LLC, Bethlehem, PA, for Defendants. 351 STENGEL, District Judge. The plaintiff in this matter, Ronald Heneghan, claims that Northampton Community College violated his right to procedural due process when it rescinded its decision to offer him a tenured employment position in the College's Theatre Department. He also claims that the College and its Dean of Humanities and Social Sciences, Elizabeth Bugaighis, are liable for violating Title and the because they discriminated against him on the basis of his gender. The defendants filed a motion to dismiss his amended complaint and this Court granted the motion in part and denied it in part. Heneghan then filed a second amended complaint. Discovery has been completed, and the defendants have filed a motion for summary judgment in their favor on Heneghan's remaining claims will grant the motion A. Facts Relevant to Procedural Due Process Claim Ronald Heneghan began employment at Northampton Community College (\u201cNCC\u201d or \u201cthe College\u201d) in the fall of 2003 in a tenure-track, initial appointment position as Associate Professor of Communications and Theatre. Def. Concise Statement of Material Facts (\u201cDef. SMF\u201d) \u00b6 1. Mr. Heneghan was a member of a union, the American Federation of Teachers (\u201cthe Federation\u201d), which had a Collective Bargaining Agreement with NCC. Id. at \u00b6 2; Def. Ex. 11, Collective Bargaining Agreement (\u201cCBA\u201d). That agreement provides, among other things, that faculty appointments may be either \u201ctemporary, initial, or standard Article VI, \u00b6 A. \u201cFaculty on initial contracts are typically offered six (6) one (1) year contracts.\u201d Id. at \u00b6 C. The further provides that, 1 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 2/31 1 Statements of fact by the defendant admitted by the plaintiff are cited herein. Statements of fact not admitted by the plaintiff are not cited, and the Court instead refers to evidence in the record, viewing that evidence in the light most favorable to the plaintiff. Initial appointments may be renewed, or not renewed at the option of the College and for any reason, but the Faculty Member shall be given a statement of reason upon request. Non-renewals during the first five (5) years may not be appealed, but a Faculty Member may appeal a non-renewal occurring during the sixth year of employment to the Board within one (1) month of notification. The Board's decision in the appeal shall be final. The Faculty Member may be represented by the Federation. ...*352 352 Faculty with these appointments shall not be given the rights in Article XII, paragraph E, but shall retain all other rights accorded to all other faculty with standard appointments. Id. at Art. VI, \u00b6 C. Article pertains to retrenchment of faculty members, and paragraph explains in detailed terms the rights of faculty with standard appointments, i.e. tenured faculty: \u201cretrenchment of an Employee shall not occur if a position can be made available by the elimination of part-time and overload assignments and temporary and initial appointments for which the Employee is qualified[.]\u201d Id. at Art. XII, \u00b6 E. Article of the provides, except with respect to the provisions for termination under Section VI, that a faculty member may be discharged \u201conly for just cause.\u201d Id. at Art. X, \u00b6 A. In other words, a faculty member under an initial appointment during the first five years has the right to a statement of reasons for non-renewal, but has no appeal process faculty member who is denied another year of employment during the sixth year has the right to both a statement of reasons and an appeal to the Board. Standard appointment, or tenured, faculty members, are guaranteed employment absent \u201cjust cause\u201d for dismissal. During his sixth year at NCC, in February of 2009, Mr. Heneghan was notified that he was recommended for standard appointment to NCC's Board of Trustees (\u201cthe Board\u201d). Def \u00b6 14. On March 5, 2009, the Board voted to approve his standard appointment. Id. at \u00b6 15. In a memorandum to Mr. Heneghan, Kathy Siegfried, Director of Human 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 3/31 Resources at the College, notified him of the Board's vote, stating that his appointment was \u201ceffective with the 2009/10 academic year.\u201d Def. Ex. 3. However, on March 13, 2009, Heneghan received a letter, written by College President Arthur Scott and delivered by Vice\u2013President of Administrative Affairs Mike McGovern, reversing this decision. See Def. Ex. 1, Heneghan Dep. Session 1, July 19, 2010 (\u201cHeneghan Dep. 1\u201d), at 73\u201375. It stated, \u201cThis is to officially notify you that we are rescinding the March 6, 2009 memorandum notifying you of the College's decision to grant you a standard appointment. This decision has been delayed until further notice.\u201d Def. Ex. 4. At some point in late March, 2009, Mr. Heneghan attended a meeting with Helene Whitaker, Vice\u2013President of Administrative Affairs, Dr. Bugaighis, Dr. McGovern, and Margaret Closson, Vice\u2013President of Student Affairs. Heneghan Dep. 1, 82:19\u201383:24. He was informed by these administrators that his tenure had been rescinded due to non-collegial conduct with his colleagues and because \u201cthe college had discovered several things about [his] work that were cause for concern.\u201d Heneghan Dep. 1, 84:6\u201313; Def. Ex. 2, Heneghan Dep. Session 2, Jan. 31, 2011 (\u201cHeneghan Dep. 2\u201d), at 27:1\u201317. Specifically, Ms. Whitaker accused Mr. Heneghan of sexually harassing a student, kissing a student, and providing beer to underage students. See Heneghan Dep. 2, 27:1\u201317; Heneghan Dep. 1, 85\u201388. Mr. Heneghan answered questions about these allegations, explaining with respect to the beer that he had attended a student cast party and brought beer, but that the beer was for his personal consumption. Heneghan Dep. 1, 86:12\u201317. He admitted during his deposition that he didn't actually drink any of the beer, and left it all in the refrigerator at the party. See id. at 87. The administrators also asked him about an interaction with a student in which he had \u201chumiliated\u201d that student. Heneghan Dep. 2, 43:4\u201319. Following the meeting and on April 2, 2009, Mr. Heneghan sent a three-page letter to Ms. Whitaker, Ms. Closson, Dr. *353 McGovern and Dr. Bugaighis responding to some of the issues raised during the meeting. Def. Ex. 15. In the letter, Mr. Heneghan admitted that he had both commented on a student's \u201clook and physical presence\u201d in front of a class, and kissed a student during a rehearsal but apologized to her. See id. His letter was in large part directed at the collegiality issue addressed at the meeting. He 353 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 4/31 explained that \u201cinconsistencies with my colleagues have been a challenge,\u201d and detailed many conflicts that had arisen between him and Jaye Beetem, another faculty member in the Theatre Department. See id. He asked that the recipients of the letter communicate his thoughts with the Board of Trustees \u201cas this process continues.\u201d Id. On April 2, 2009, the Board of Trustees ratified the rescission of Mr. Heneghan's standard tenure appointment. See Def \u00b6 24; Def.'s Ex. 10. On April 9, 2009, Mr. Heneghan officially appealed the decision rescinding his tenure by sending a letter to Ms. Whitaker, citing his appeal rights under Article of the pertaining to sixth year initial appointment faculty members. See Def. Ex. 5. He notified Ms. Whitaker that he would be represented by Shelly Snyder, of the American Federation of Teachers, in his appeal. See id.; Def \u00b6 31. On April 15, 2009, Mr. Heneghan received a letter from Ms. Whitaker confirming the reasons for the rescission. She cited his non-collegial behavior with his colleagues and troubling interactions with students, including bringing beer to cast parties, kissing a student, humiliating numerous students, and using inappropriate language. See Def. Ex. 6. On April 20, 2009, Mr. Heneghan was informed by letter that the Board of Trustees would hear his appeal on May 7, 2009. See Def. Ex. 7. He had requested a closed hearing before the board, but Ms. Whitaker, Dr. Bugaighis, and Dr. McGovern were present. Heneghan Dep. 1, 146:8\u201321. Mr. Heneghan gave an opening statement asking the Board to remember his work as a teacher in considering whether to grant him tenure. Id. at 147:16\u2013 148:17. Ms. Snyder also made opening comments to the Board. Id. at 150:17\u2013 151:4. Mr. Heneghan gave the Board materials in support of his arguments, including letters on his behalf. Id. at 144\u2013145. He was asked questions about the same allegations addressed in his earlier correspondence with Ms. Whitaker, including bringing beer to a student event, his collegiality with other department members, his use of language, and other incidents Ms. Whitaker had identified in her April 15, 2009, letter. See id. at 151\u2013152. Mr. Heneghan responded to all questions asked of him. Id. at 152:10\u2013153:5. He learned the next day that the Board had voted unanimously not to grant him tenure. Id. at 156:15\u201324. He received official notice that his appeal had been denied on May 11, 2009. Def \u00b6 34. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 5/31 On May 13, 2009, Mr. Heneghan filed a union grievance regarding NCC's decision denying him tenure. Def. SMF, \u00b6 35; Def. Ex. 8. Article of the sets forth the rules for the filing of grievances. Under these rules, a grievant shall \u201cpresent a grievance at the lowest administrative level having authority to dispose of the grievance within fifteen (15) College days after the occurrence or condition giving rise to the grievance Art. XIV, \u00b6 D. The College's administrative representative has fifteen days to submit a written response to the grievant, and if the employee's grievance is not resolved by the response, the grievant may appeal to the President of the College. Id. Following appeal to the President, the grievant, may, through the Federation, submit the matter to the American Arbitration Association for arbitration. Id. Mr. Heneghan's grievance was denied. The Federation decided not to proceed with the second step of the *354 grievance process by appealing to the President. Def \u00b6 36. 354 B. Facts Relevant to Gender Discrimination Claim Julie (\u201cJaye\u201d) Beetem was hired as a faculty member in the Theatre Department at in January of 2006. Second Am. Compl. \u00b6 14. She was not Heneghan's supervisor. Def \u00b6 4. In his Second Amended Complaint, Mr. Heneghan alleges that after Ms. Beetem was hired, \u201c[i]t quickly became obvious [ ] that [she] was hostile to males in Theatre.\u201d Second Am. Compl. \u00b6 15. Mr. Heneghan alleges that evidence of this consisted of (1) her hostile response to a male guest play director in the Spring 2006 semester; (2) the fact that she was \u201cdirectly responsible for at least two male students withdrawing from the Theatre program at NCC\u201d; (3) her spreading \u201cfalse rumors\u201d about another male guest director in the Spring 2008 semester; (4) her opposition to a male candidate for a position in the Theatre department; and (5) the fact that, beginning in 2007, she \u201cbegan a course of conduct aimed at having Heneghan removed from his position\u201d at NCC. Id. at \u00b6\u00b6 15, 19, 20, 25\u201326, 28. With respect to her alleged attempts to have Mr. Heneghan fired, he claims Ms. Beetem \u201cattempted to blackmail him,\u201d made statements indicating that \u201cshe was going to destroy Heneghan's employment at and [ ] compromise his ability to obtain work elsewhere in educational theatre,\u201d failed to perform her duties in 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 6/31 connection with a play he directed, blamed him for an injury to a student that was actually her fault, excluded him from department decisions, and finally, \u201cbegan a campaign against him designed to have his tenure revoked\u201d after she learned of the decision granting him tenure. See id. at \u00b6\u00b6 22, 23, 29, 32\u201335, 38, 39. Mr. Heneghan alleges he \u201cmade complaints to Dr. [ ] Bugaighis about the sexually discriminatory actions by Beetem, but no action was taken to stop her,\u201d that he \u201cmade administration aware of these threats by Beetem, specifically to [sic] Dr. Bugaighis,\u201d and that he \u201cmade a complaint to Bugaighis by letter of March 5, 2008 that Beetem was attempting to undermine him.\u201d Id. \u00b6\u00b6 21, 24, 27. During his deposition, Mr. Heneghan testified that he had \u201csaid to Dr. Bugaighis on a few occasions that [Ms. Beetem] seems to be having trouble with\u201d or \u201chad problems with\u201d various male guest directors working in NCC's theatre program. Heneghan Dep. 1, 200:8\u201314. He explained that Ms. Beetem had threatened him by confronting him with an accusation that he should not be directing a play that used funds allocated by the College Life Committee, a committee that he chaired. See Heneghan Dep. 2 at 13:21\u201317:15. He told Dr. Bugaighis that Ms. Beetem had accused him of \u201cusing money illegally or [fraudulently],\u201d and explained the circumstances of the situation to her. See id. at 17\u201319:10 Dr. Bugaighis said she would look into it and never brought up the topic again. See id. While Mr. Heneghan suspected that Ms. Beetem had voiced her allegations to others, he had no facts supporting that conclusion. See id. at 19:11\u201320:12. He also told Dr. Bugaighis that Ms. Beetem had told him \u201cthat [his] window for obtaining a job at a four year college or university was rapidly closing\u201d and told him that if he was going to leave NCC, he should do so soon. Id. at 21:12\u201319. Dr. Bugaighis did nothing about this. Id. at 22:4\u20139. Mr. Heneghan again referred to the letter he sent to Dr. Bugaighis on March 5, 2008, voicing his concern that Ms. Beetem had accused him of not properly doing his job. See id. at 22:15\u201324:24. He claimed that the letter described the divisiveness that Ms. Beetem created in the department. See id. at 25:20\u201326:2 Mr. Heneghan has not produced this letter.*355 355 Mr. Heneghan admitted that he had no evidence that the concerns brought up by administrators in connection with the rescission of his tenure appointment came from reports by Ms. Beetem. Heneghan Dep. 2, 27:9\u201316. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 7/31 He admitted that in his conversations with Dr. Bugaighis about Ms. Beetem, he never accused her of sexual harassment or sexual discrimination, and instead simply \u201c[let] Dr. Bugaighis know that [Ms. Beetem] had a problem with me and other guys.\u201d Id. at 28:23\u201329:7. The \u201cother guys\u201d to whom he was referring were two men from the media services department that Ms. Beetem accused of, and reported for, taking drugs during an on-campus event. See id. at 29:6\u201330. He also described instances in which Ms. Beetem had been unhelpful, hostile, or rude to male students in the Theatre Department and to a male music director working there. See Heneghan Dep. 2, 71:22\u201375:15. Mr. Heneghan stated that had told Dr. Bugaighis that Ms. Beetem didn't want him in the program, told him that his window of opportunity for work at a four year college was closing, and undermined his work. See id. at 33:1\u201318. Mr. Heneghan did not remember ever voicing concerns about Ms. Beetem's anti-male animus, towards him or any other males, during his meeting with the Board on May 7, 2009. See id. at 41:7\u201312. C. Procedural Posture Mr. Heneghan filed a complaint in this Court on October 29, 2009. He filed an amended complaint on January 19, 2010, against Northampton Community College, Dr. Bugaighis, and Dr. Whitaker. After he filed his amended complaint, defendants filed a motion to dismiss. In a Memorandum and Order dated July 7, 2010, this Court ruled that dismissal of Mr. Heneghan's procedural due process claim was inappropriate. This Court did not find that Mr. Heneghan had achieved tenured status as a result of the Board's March 5, 2009 vote. Mem. Granting in Part and Denying in Part Def.'s Mot. To Dismiss, 10 (\u201cViewing the facts alleged in the complaint in his favor, it would be inappropriate to find as a matter of law that Heneghan had no property interest in continued public employment with NCC. Heneghan alleges that the Board's March 5, 2009 vote granted him tenure.\u201d (emphasis added)). Following the Court's ruling on the motion to dismiss, Mr. Heneghan filed a second amended complaint containing the same factual averments. In Count I, he alleges that is liable under 42 U.S.C. \u00a7 1983 for violating his \u201cconstitutionally protected right to tenured public employment.\u201d Second Am. Compl. \u00b6 46. In Count II, he alleges that is liable under Title of 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 8/31 the Civil Rights Act (\u201cTitle VII\u201d) for \u201ctreating [him] in a disparate manner based upon his sex.\u201d Id. at \u00b6 50. In Count III, he alleges that and Dr. Bugaighis are liable under the Pennsylvania Human Relations Act (\u201cPHRA\u201d) for \u201csubjecting [him] to more onerous working conditions and treating [him] in a disparate manner.\u201d Id. at \u00b6 53. Defendants have filed a motion for summary judgment in their favor on these claims Summary judgment is proper \u201cif the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Fed.R.Civ.P. 56(a factual dispute is \u201cmaterial\u201d only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). For an issue to be \u201cgenuine,\u201d a reasonable fact-finder must be able to return a verdict in favor of the non- moving party. Id. *356 356 party seeking summary judgment initially bears responsibility for informing the court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986 party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing relevant portions of the record, including depositions, documents, affidavits, or declarations, or showing that the materials cited do not establish the absence or presence of a genuine dispute, or showing that an adverse party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c). Summary judgment is therefore appropriate when the non-moving party fails to rebut the moving party's argument that there is no genuine issue of fact by pointing to evidence that is \u201csufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\u201d Celotex, 477 U.S. at 322, 106 S.Ct. 2548; Harter v Corp., 967 F.2d 846, 852 (3d Cir.1992 A. Procedural Due Process Claim 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 9/31 Mr. Heneghan alleges that violated his rights under section 1983 \u201cby depriving him of his constitutionally protected right to tenured public employment as guaranteed by the Fourteenth Amendment ... in that Plaintiff was terminated from his position.\u201d Second Am. Compl. \u00b6 46. The Fourteenth Amendment prohibits deprivations \u201cof life, liberty, or property, without due process of law.\u201d U.S. Const. amend. XIV, \u00a7 1. If a plaintiff asserts individual life, liberty, or property interests, states are required to ensure that certain procedural safeguards are in place before the plaintiff is deprived of those interests. Alvin v. Suzuki, 227 F.3d 107, 116 (3d Cir.2000). To have a property right in public employment protected by procedural due process, \u201ca person must have more than a unilateral expectation of continued employment[.]\u201d Elmore v. Cleary, 399 F.3d 279, 282 (3d Cir.2005). He must instead have \u201ca legitimate entitlement to such continued employment.\u201d Id. (citing Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972)). 2 2 2 Section 1983 imposes civil liability upon a person who, acting under color of state law, deprives another person of any rights, privileges or immunities secured by the Constitution or laws of the United States. 42 U.S.C. \u00a7 1983; Gruenke v. Seip, 225 F.3d 290, 298 (3d Cir.2000). \u201cTo state a claim under \u00a7 1983, a plaintiff must show that the defendant, through conduct sanctioned under the color of state law, deprived her of a federal constitutional or statutory right.\u201d Gruenke, 225 F.3d at 298 (citing Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 907 (3d Cir.1997)). The defendants do not dispute that is subject to liability under Section 1983 or that Section 1983 applies to violations of the Fourteenth Amendment. 2 Pennsylvania Local Agency Law Section 752 provides that \u201ca[ ]ny person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals[.]\u201d 2 Pa.C.S.A. \u00a7 752. That court may hold a de novo hearing \u201c[i]n the event a full and complete record of the proceedings before the local agency was not made.\u201d 2 Pa.C.S.A. \u00a7 754. 3. McDaniels held that, because the parties stipulated that was a local agency subject to the provisions of Local Agency Law, it was clear that \u201cthe state offered [McDaniels] sufficient process to protect his property rights.\u201d 59 F.3d at 461. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 10/31 legitimate property interest in continued employment with the government arises from the operation of state law, which can confer such an interest either through statute or through a contract. Bishop v. Wood, 426 U.S. 341, 345\u201346 & n. 8, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976); Perry v. Sindermann, 408 U.S. 593, 601, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972); Unger v. Nat'l Residents Matching Program, 928 F.2d 1392, 1398 (3d Cir.1991). Because public employees in Pennsylvania are presumed to be at-will employees, a property interest under an employment contract with the government arises only if termination under that contract must be \u201cfor cause.\u201d Unger, 928 F.2d at 1399; see also *357 Gilbert v. Homar, 520 U.S. 924, 928\u201329, 117 S.Ct. 1807, 138 L.Ed.2d 120 (1997) (\u201c[P]ublic employees who can be discharged only for cause have a constitutionally protected property interest in their tenure and cannot be fired without due process legitimate claim of entitlement to continued employment can also arise from a government employer's policies and practices. See Perry, 408 U.S. at 602, 92 S.Ct. 2694. 357 If a public employee has a legitimate interest in continued employment, he is entitled to \u201coral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story\u201d before his or her employment is terminated. Cleveland Bd. Of Ed. v. Loudermill, 470 U.S. 532, 546, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Notice and an opportunity to be heard are necessary because of the significance of the private interest in retaining employment, and because of the importance of such procedures in ensuring that employing officials reach an accurate decision, both in terms of the facts alleged and the appropriateness of the response. See id. at 543\u2013544, 105 S.Ct. 1487 pre- termination hearing in the public employment context is to operate as an \u201cinitial check against mistaken decisions.\u201d Id. at 545, 105 S.Ct. 1487. Such a hearing is \u201cessentially a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\u201d Id. at 546, 105 S.Ct. 1487. Therefore, a pre- termination hearing can be \u201c \u2018something less' than a full evidentiary hearing\u201d and \u201cneed not be elaborate.\u2019 \u201d Id. at 545, 105 S.Ct. 1487. \u201cThe opportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement.\u201d Id. at 546, 105 S.Ct. 1487. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 11/31 1. Existence of a Property Interest Although the College concedes for the purpose of argument that Mr. Heneghan had a protected property interest, it also argues that Mr. Heneghan was not deprived of a property interest because his standard appointment for tenure did not take effect until the 2009\u20132010 school year, and the vote granting him tenure was rescinded in April of 2009, before the 2009\u20132010 school year began. See Def.'s Mem. In Support of Mot. For Summary J. at 4, n. 4. Mr. Heneghan argues in response that he had a legitimate expectation of continued employment both because the Board's vote on March 5, 2009 was executory and would take effect the following fall without further action, and because no professor had ever had a tenure decision reversed. Ms. Whitaker testified that had never before had a situation where a professor was recommended for a standard appointment, the Board accepted the recommendation, and the decision was rescinded only a few days later. Whitaker Dep. 30:22\u201331:11. 3 3 The defendants state in their brief that \u201cplaintiff was not deprived of a liberty interest\u201d because his tenure appointment had not yet taken effect. Because Mr. Heneghan nowhere asserts deprivation of a liberty interest and instead asserts that he was deprived of a property interest will not consider whether there is a liberty interest at stake. Relevant Supreme Court precedent \u201chas made clear that a government employer's policies and practices can create a legitimate claim of entitlement to continued employment.\u201d Gunasekera v. Irwin, 748 F.Supp.2d 816, 822 (S.D.Oh.2010) (citing Perry, 408 U.S. at 602, 92 S.Ct. 2694) (finding that tenured professor who was terminated from his position had a legitimate claim of entitlement to continued employment where, before he was stripped of his position, \u201cno other professor had ever suffered such a sanction.\u201d). Mr. Heneghan*358 has demonstrated that, at the time his standard appointment was revoked, it was NCC's practice to honor granted tenure appointments the following academic year. He has also demonstrated that the College had never before revoked a standard tenure appointment after granting it. Mr. Heneghan has therefore presented sufficient facts on summary judgment to demonstrate that he had a legitimate claim of 358 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 12/31 entitlement to continued employment following the Board's vote granting him a standard appointment. 2. Adequacy of Process Afforded accepts for the sake of argument that Mr. Heneghan had a protected property interest, and maintains that \u201cit is beyond dispute that he was provided with due process.\u201d Def.'s Mem., 4. Before considering whether the process received by Mr. Heneghan was in accord with the requirements of the due process clause briefly note Mr. Heneghan's argument that he was entitled to a \u201chearing before a neutral hearing officer.\u201d Pl.'s Mem. at 7. Mr. Heneghan is incorrect. He relies on only one case, inapplicable in the context of public employment, for his argument that he was entitled to a hearing before a neutral officer, and fails to recognize that Loudermill provides the standard applicable in his case. 4 4 4 This case, Schweiker v. McClure, 456 U.S. 188, 102 S.Ct. 1665, 72 L.Ed.2d 1 (1982), addressed the procedural due process that must be afforded to individuals making claims under Part of the Medicare program. See id. at 189\u201390, 102 S.Ct. 1665. The government authorized the Secretary of Health and Human Services to contract with private insurance carriers to administer claims under Medicare Part B, and the Court ruled that due process demands impartiality on the part of those hearing officers who reviewed claim denials, because they were acting in \u201cjudicial or quasi- judicial capacities.\u201d See id. at 195, 102 S.Ct. 1665. In concluding that Medicare beneficiaries were entitled to a hearing before a neutral officer, the Court considered the now-familiar factors articulated in Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976): \u201cthe private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.\u201d The Court accepted the District Court's conclusion that the private interest in Part reimbursement was \u201cconsiderable\u201d though \u201cnot quite as precious as the right to receive welfare or social security benefits.\u201d Schweiker, 456 U.S. at 198, 102 S.Ct. 1665. The 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 13/31 Supreme Court applied the Mathews factors in the context of public employment in Loudermill, and set forth the standard described in the body of this memorandum. See infra Section III(A). Mr. Heneghan fails to recognize that because the property interest at stake in Schweiker\u2014benefits under a government-run medical insurance program\u2014is distinct from the property interest at stake in public employment cases, the procedures required under the Fourteenth Amendment differ considerably in each case. Schweiker is simply inapplicable here. 4 In support of this assertion, Mr. Heneghan cites Borough of New Cumberland v. Police Emps. of the Borough of Cumberland, 51 Pa.Cmwlth. 435, 414 A.2d 761 (Pa.Cmwlth.1980), which concerned Section 4(a) of Act 111, a Pennsylvania statute that applies solely to disputes between public employers and police or firemen. See 43 P.S. \u00a7 217.4(a). Therefore, it is no help in considering what effect, if any, the has on his claim. Assuming Mr. Heneghan had a legitimate expectation of continued employment based on the Board's vote, he was entitled, under Loudermill to be made aware of the College's allegations of inappropriate behavior and to respond to those allegations in order to ensure that officials could hear his side of the story. He was not entitled to an elaborate, adversarial proceeding but rather could tell his story either in person or in writing. Mr. Heneghan received the process to which he was entitled. Shortly after receiving the letter informing him that the Board's tenure decision had been revoked, but before it reached a final decision on the issue, Mr. Heneghan was invited to attend a meeting with four college administrators where he was told of NCC's concerns about his treatment of students, specifically*359 kissing a student and bringing beer to a student party, and his non-collegial behavior with other professors in his department. He was given a chance to respond orally to these concerns. He also submitted a letter to the same officials further explaining his view of the incidents. It was not until after the meeting with the officials and his submission of a written response that the Board ratified the rescission of his appointment. Following that decision, he was given a written explanation of the reasons for the rescission and was given yet another opportunity to explain his side of the story when he was granted an appeal before the Board. 359 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 14/31 At that appeal, he had the representation of a Federation lawyer, he was able to submit documents in support of his arguments, he gave an opening statement, and he answered questions about the allegations against him viewed Mr. Heneghan's situation as a denial of standard appointment and not as a revocation of already-granted tenure. Therefore, when Mr. Heneghan filed a grievance, the remedy available to tenured faculty in the event of termination or discipline, it was denied. However, Mr. Heneghan did not proceed to the following two steps of the grievance process, which were presumably available to him. He admits that the Union, which represented him, elected not to do so. Mr. Heneghan was afforded numerous opportunities to explain his side of the story before his tenure was revoked\u2014he did so both orally and in writing before an ultimate decision was made on rescission, he was afforded a hearing following rescission, and there was a three-step, post-termination grievance process available to him, which he did not pursue past the first step. The undisputed facts show that he was afforded the process due to him prior to the Board's rescission of his tenure appointment, and that adequate post-deprivation remedies were available pursuant to the CBA. Therefore, summary judgment in NCC's favor on his procedural due process claim will be granted. B. Employment Discrimination Claim Mr. Heneghan alleges that the College discriminated against him on the basis of gender in violation of Title and the PHRA. He claims that Ms. Bugaighis is liable under the for aiding and abetting NCC's illegal discrimination. 5 5 The is construed in accordance with its federal counterparts, including Title VII. See Kelly v. Drexel Univ., 94 F.3d 102, 104 (3d Cir.1996). Under Title and the PHRA, it is unlawful to discriminate against an individual with respect to the compensation, terms, conditions or privileges of employment because of that individual's gender. 42 U.S.C. \u00a7 2000e\u20132(a) (1). \u201c[G]ender-based employment discrimination claims can be brought under theories of hostile work environment, disparate treatment, or 6 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 15/31 disparate impact.\u201d Tomaselli v. Upper Pottsgrove Twp., No. 04\u20132646, 2004 2988515 at *3 (E.D.Pa. Dec. 22, 2004). In his complaint, Mr. Heneghan alleges that he was subject to disparate treatment, in that he was treated less favorably than females in the Theatre Department, reported*360 threats made to him by Ms. Beetem to the administration and never received a response, and then had his tenure decision revoked on the basis of Ms. Beetem's unsubstantiated allegations. See Second Am. Compl. \u00b6\u00b6 22\u201324, 40\u2013 41, 50, 53 plaintiff can prove discrimination through either direct, see Torre v. Casio, Inc., 42 F.3d 825, 829 (3d Cir.1994), or indirect evidence, see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). 360 6 Under the PHRA, it is unlawful for any employee \u201cto aid [or] abet the doing of any act declared [under the PHRA] to be an unlawful discriminatory practice[.]\u201d 43 P.S. \u00a7 955(e). Dr. Bugaighis only faces aiding and abetting liability if there is evidence that the College's employment decision was motivated by gender discrimination. See Milby v. Greater Philadelphia Health Action, No. 06\u20134556, 2008 2278143, *5 (E.D.Pa. June 3, 2008) (concluding that because the court found that plaintiff had failed to adduce competent evidence of discrimination against her by the employer, her claims against the individual defendants were without merit). 7. See, e.g. Heneghan Dep. 2 at 14\u201317 (describing Beetem's concern that Mr. Heneghan's position on the college life committee created a conflict of interest where that committee allocated money for a play Heneghan directed); id. at 20:5\u201312 (admitting that he had no facts to support his suspicion that Beetem had shared her concerns with other colleagues in the department); 29:6\u201330:20 (describing Beetem's concern about two men in media services because she suspected them of using drugs, not simply because they were male). 8. See Heneghan Dep. 2 at 30:17\u201322. Direct evidence is evidence which, if believed, would prove the existence of a fact in issue without any inference or presumption. Torre, 42 F.3d at 829. It is evidence that demonstrates that \u201cdecision makers placed substantial negative reliance on an illegitimate criterion in reaching their decision.\u201d Anderson v. Consol. Rail Corp., 297 F.3d 242, 248 (3d Cir.2002). \u201cOnly the most blatant remarks, whose intent could be nothing other than to discriminate in reaching an employment decision, are considered sufficient to constitute 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 16/31 direct evidence of discrimination.\u201d Weightman v. Bank of New York Mellon Corp., 772 F.Supp.2d 693, 702 (W.D.Pa.2011) (citing Taylor v. Procter & Gamble Dover Wipes, 184 F.Supp.2d 402, 413 (D.Del.2002)). In mixed motives cases, the plaintiff can survive summary judgment by showing with direct evidence that a protected characteristic was a motivating factor for an employment action. See 42 U.S.C. \u00a7 2000e\u20132(m); Cobetto v. Wyeth Pharmaceuticals, 619 F.Supp.2d 142, 155\u201356 (W.D.Pa.2007) (citing, inter alia, Desert Palace, Inc. v. Costa, 539 U.S. 90, 101, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003)). Under the mixed motives theory, \u201cboth legitimate and illegitimate reasons motivated the [employment] decision.\u201d Desert Palace, 539 U.S. at 93, 123 S.Ct. 2148. The record in this case contains no evidence that Mr. Heneghan's gender was a motivating factor in his termination. He cites numerous incidents in which he was treated poorly by Ms. Beetem, but he points to no actual discriminatory remarks or blatant gender-based characterizations, instead describing situations in which the conflicts between he and Ms. Beetem were clearly based on legitimate workplace issues and concerns. Mr. Heneghan also admitted that, in his discussions about Ms. Beetem with Dr. Bugaighis, he never complained that she was sexually discriminating against him or sexually harassing him. Indirect, or circumstantial, evidence of discrimination is evidence that creates an inference of discrimination. When an employee relies on circumstantial evidence of discrimination, he must first establish a prima facie case before any burden shifts to the employer. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. To state a prima facie case, a plaintiff must show that: (1) he is a member of a protected class; (2) he was qualified for the position he sought to attain or retain; (3) he suffered an adverse employment action; and (4) the action occurred under circumstances that could give rise to an inference of intentional discrimination. See Makky v. Chertoff, 541 F.3d 205, 214 (3d Cir.2008). Once the plaintiff establishes a prima facie case of discrimination, the burden of persuasion shifts to the employer*361 to articulate a legitimate, non-discriminatory reason for the challenged decision. Id. If the defendant succeeds, the burden returns to the plaintiff to show that the employer's stated reason for termination was merely a pretext for intentional discrimination. Id. 361 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 17/31 Defendants argue that to establish a prima facie case under a disparate treatment theory of liability, a complainant must show that he was (1) a member of a protected class (2) who was qualified for the job from which he was discharged and (3) others not in the protected class were treated more favorably. Def.'s Mem. at 7 (citing Goosby v. Johnson & Johnson Medical, Inc., 228 F.3d 313, 318\u2013319 (3d Cir.2000 does not dispute that Mr. Heneghan has met the first two elements of this prima facie case, and instead argues that it is entitled to summary judgment because Mr. Heneghan \u201chas produced no evidence of any other similarly situated employee, let alone a female employee, who he contends was treated differently from him\u201d because he has failed to identify \u201cany other similarly situated individual who engaged in similar behavior who had his tenure appointment rescinded.\u201d Def.'s Mem., 8. Defendants' reliance on this standard is unsound. \u201cThe prima facie case in a gender discrimination action is \u2018highly factually dependent[,] and plaintiffs need not point to different treatment for similarly situated employees in every case,\u2019 though facts suggesting such different treatment are \u2018highly probative\u2019 of discrimination.\u201d Hobson v. St. Luke's Hosp. & Health Network, 735 F.Supp.2d 206, 214 (E.D.Pa.2010) (citing Abbasi v. SmithKline Beecham Corp., No. 08\u2013277, 2010 1246316, at *5 (E.D.Pa. Mar. 25, 2010)). Mr. Heneghan has produced evidence that no other employee, male or female, has ever had a tenure appointment revoked, so to dismiss his case under this proposed standard is inappropriate, since there is no way for him to compare his unique situation to that of another professor. Defendants do not address the first three elements of the properly stated, four-part prima facie case. Mr. Heneghan meets these elements\u2014he is a member of a protected class under Title VII, it appears he was qualified for the position, and rescission of his tenure appointment was an adverse employment action. Therefore, the question becomes whether has offered a legitimate, non-discriminatory reason for revoking his offer of tenure. Because cites and adheres to an improperly phrased standard for its prima facie case, it has not addressed whether Mr. Heneghan has offered evidence showing that his tenure was revoked under circumstances that could give rise to an inference of intentional discrimination. Neither has it argued that, assuming Mr. 9 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 18/31 Heneghan has met his prima facie burden had a legitimate nondiscriminatory reason for rescinding his tenure. 9 The protected class element has been extended to reach cases of \u201creverse discrimination,\u201d where a member of a majority group alleges that he or she was discriminated against in favor of a member of a minority group. Iadimarco v. Runyon, 190 F.3d 151, 158 (3d Cir.1999). Mr. Heneghan's claim of gender discrimination falls into this category. 1. See Memorandum at 1\u20136, Heneghan v. Northampton Community College, et al., 09\u20134979, 801 F.Supp.2d 347, 2011 2708446 (E.D.Pa. filed July 11, 2011) (\u201cMemorandum\u201d). Mr. Heneghan fails to point out this deficiency in his response to the defendants' motion, arguing instead that his gender discrimination claims should survive summary judgment because he \u201chas testified that he brought numerous incidents of mistreatment of males by Beetem to the attention of Dr. Bugaighis ... and there is no evidence that any action at all was taken.\u201d Pl.'s Resp., 8. Mr. Heneghan has failed to allege conduct giving rise to an inference of discrimination. The evidence in the record, *362 and his own descriptions of his relationship with Ms. Beetem, indicate he and she had nothing more than a personality conflict. However, even assuming that he has stated a prima facie case, there is ample evidence in the record to conclude that had legitimate, nondiscriminatory reasons for rescinding Mr. Heneghan's tenure appointment. He admitted bringing beer to a student party, kissing a student during a play rehearsal, and making a comment about a student's physical appearance in class. In addition, he exhibited improper behavior towards his colleagues has provided evidence that its concerns about his non-collegial behavior were legitimate and arose prior to the rescission of his tenure appointment. As written by Dr. Bugaighis to Mr. Heneghan in August of 2008: 362 You elected again this year to use the occasion of the annual self-assessment to lambaste colleagues and list your grievances. Last year gave it a pass. Despite the difficulties in the department last year, your colleagues did not reciprocate in kind. Despite your stormy relationship with Norman Roberts, he gave you a very positive peer evaluation for the year am increasingly 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 19/31 concerned about your ability to work effectively within the department, and the college, regardless of the recent personnel change believe this is a serious impediment to your success at Northampton. Def. Ex. 14. Mr. Heneghan's self-evaluation that year indeed contained disparaging comments about Mr. Roberts. See id. Mr. Heneghan's inappropriate behavior with students and his demonstrated unwillingness to treat colleagues in his department with respect were legitimate nondiscriminatory reasons for rescinding his tenure, as expressed in the April 15, 2009 letter he received from Ms. Whitaker describing why the Board of Trustees adopted the recommendation that his tenure be revoked. See Def. Ex. 6. Mr. Heneghan has failed to provide any evidence that NCC's stated reasons for rescinding his tenure were pretext for discrimination on the basis of his gender. His only argument, that he had brought numerous incidents of mistreatment of males to the attention of Dr. Bugaighis, is belied both by his deposition testimony and his own characterization of his complaints to her. In his letter to administrators providing his side of the story with respect to their accusations against him, he stated: [I]nconsistencies with my colleagues have been a challenge broached the subject last year with Elizabeth [Bugaighis] after Jaye Beetem and conflicted over production difficulties and personality issues ask you all to review my repeated attempts, in the spring of last year and throughout this year, to try to find mutual resolutions for conflict through the proper channels at NCC. Def.'s Ex. 15. In other words, even as it became clear that he was in danger of losing his job, Mr. Heneghan did not express concerns about sexual discrimination at the hands of Dr. Bugaighis or Ms. Beetem and rather stated that he and Ms. Beetem \u201cconflicted over production difficulties and personality issues.\u201d He has failed to offer any evidence whatsoever that NCC's stated reason for rescinding his tenure appointment was pretext for gender discrimination. Mr. Heneghan has failed to present sufficient evidence to survive summary judgment on his claim that discriminated against him on the basis of his gender. Because he has failed to state a claim against under Title and the PHRA, his aiding and abetting *363 claim against Dr. Bugaighis is also without merit. 363 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 20/31 For the reasons set forth above, defendants' motion for summary judgment will be granted NOW, this 11th day of July, 2011, upon careful consideration of the defendants' motion for summary judgment (Document No. 43), and the plaintiff's response thereto (Document No. 45 that: 1. The motion is GRANTED. 2. The Clerk of Court is directed to make this case CLOSED. Ronald Heneghan has filed a motion for reconsideration of this court's July 11, 2011 memorandum and order granting defendants' motion for summary judgment. He claims this Court improperly failed to consider relevant precedent set forth in McDaniels v. Flick, 59 F.3d 446 (3d Cir.1995). Because McDaniels does not support Mr. Heneghan's contention that there is a genuine dispute whether his procedural due process rights were violated, his motion for reconsideration will be denied Mr. Heneghan was a professor at Northampton Community College (\u201cthe College\u201d) who was granted tenure by the Board of Trustees only to have that decision revoked before it could take effect. Because the facts are set forth in detail in this Court's memorandum and order granting the motion for summary judgment filed by the College and its Dean of Humanities and Social Sciences, Elizabeth Bugaighis will repeat only those facts relevant to the instant motion. Mr. Heneghan seeks reconsideration of this Court's ruling only insofar as it granted summary judgment in the College's favor on his procedural due process claim. 1 For purposes of the arguments raised in the motion for reconsideration, it bears repeating that Mr. Heneghan's case is indeed unique: instead of being 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 21/31 denied tenure, or being fired at some point during his career as a tenured employee, Mr. Heneghan was initially granted tenure by the Board of Trustees in February of 2009 only to have this decision quickly revoked after allegations surfaced that he had engaged in inappropriate conduct with students and behaved rudely to his colleagues. This, as admitted by College officials, had never happened before at the College. After Mr. Heneghan first received notice in March of 2009 that his tenure appointment had been rescinded, he filed a notice of appeal citing Article of the Collective Bargaining Agreement (\u201cCBA\u201d) entered into between the College and the American Federation of Teachers (\u201cthe Union\u201d), the union of which he was a member. Under Article \u00b6 C, faculty members who are denied tenure after teaching for six years at the College are entitled to appeal that denial before the College's Board of Trustees. Mr. Heneghan didn't quite fall into this category, since after six years of teaching he had actually briefly been granted tenure before the decision was rescinded. He was granted an appeal, and he appeared for a hearing before the Board of Trustees on May 7, 2009, where he implored its members not to rescind his tenure appointment. They rescinded it nonetheless. Mr. Heneghan was accompanied to the hearing by Shelly Snyder, a Union representative.*364 He stated that his conversations with her gave him the impression that after the Board denied his appeal, he had no further recourse. Heneghan Dep. Session 1, 125:24\u2013126:4. She allegedly told him that appeal to the Board of Trustees under Article was his \u201conly avenue\u201d for appeal of the rescission. Id. at 126: 2\u20134. Indeed, Ms. Snyder testified that she thought appeal to the Board had been the proper route for Mr. Heneghan to take. Snyder Dep. 24:14\u201316 thought that the contract language under Article 4 was pretty clear as to what his status was as an employee with the Community College.\u201d). 364 However, in the CBA, there is another section under which College employees may file grievances about College actions. This section, which appears at Article of the CBA, provides that \u201ca grievance is a complaint arising out of the interpretation, application, or violation of one or more of the express provisions of this Agreement Article \u00b6 A(1). Under this Article, a grievant shall \u201cpresent a grievance at the lowest administrative level having authority to dispose of the grievance within 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 22/31 fifteen (15) College days after the occurrence or condition giving rise to the grievance Art. XIV, \u00b6 D. The College's administrative representative has fifteen days to submit a written response to the grievant, and if the employee's grievance is not resolved by the response, the grievant may appeal to the President of the College. Id. Following appeal to the President, the grievant, may, through the Union, submit the matter to arbitration. Id. Mr. Heneghan learned on May 10, 2009 that the Board had voted not to reinstate his tenure. On May 13, 2009, despite his claimed belief that he had no further recourse to appeal its decision, he filed a Union grievance under procedures set forth in the CBA. He used the College's official grievance report form. Ex. 8 to Def.'s Motion for Summary J. He sought a grant of tenure and a ruling that he could \u201ccontinue in his current position as Associate Professor of Communications/Theatre.\u201d Id. Mr. Heneghan's grievance was denied by Helene Whitaker, the College's Vice\u2013President of Administrative Affairs, on the same day he filed it. Id. The form itself contains a further section to be filled out as the grievant proceeds to step two of the process, appeal to the President or a designee. There is no record that Mr. Heneghan proceeded to the second step, or that he submitted the matter to arbitration under the third step. Mr. Heneghan testified that the decision not to proceed to the second step was made by the Union. Its decision was communicated to him by Mario Acerra, who told Mr. Heneghan in an email that the executive committee had done an investigation of his case and decided not to proceed. Heneghan Dep. Session 1, 168:15, 169:2\u20136. Mr. Heneghan stated that Mr. Acerra gave him the opportunity to call and ask questions, but that he did not do so and did not ask anyone else from the Union why it had not appealed the initial grievance denial. See id. at 169:170:23. For her part, Ms. Whitaker explained that she, as a representative of the College, denied Mr. Heneghan's initial grievance because she believed that his situation fell under the proscribed procedures for a faculty member who is denied tenure. See Whitaker Dep. 30:4\u201321. She understood that grievance procedures applied to professors terminated from their employment with the College. See id. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 23/31 \u201cThe purpose of a motion for reconsideration is \u2018to correct manifest errors of law or fact or to present newly discovered evidence.\u2019 \u201d Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir.2010) (quoting*365 Max's Seafood Cafe v. Quinteros, 176 F.3d 669, 677 (3d Cir.1999 court should grant a motion for reconsideration \u201cif the party seeking reconsideration shows at least one of the following grounds: (1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court granted the motion ...; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.\u201d Max's Seafood Cafe, 176 F.3d at 677 (quoting N. River Ins. Co. v Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir.1995)). 365 In its initial summary judgment opinion, this Court identified the proper standard for review of Mr. Heneghan's claim as the one set forth in Cleveland Board of Education v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Memorandum at 10\u201312. Loudermill establishes that, if a public employee has a legitimate interest in continued employment (and this Court found that Mr. Heneghan did), he is entitled to oral or written notice of the charges against him, an explanation of the evidence, and an opportunity to present his side of the story before his employment is terminated. Mr. Heneghan argued in his opposition to the College's motion for summary judgment that, as part of his procedural due process protections, he was instead entitled to a pre-deprivation formal hearing before a neutral hearing officer. Pl.'s Resp. to Def.'s Motion for Summ. J., 7 (\u201c[T]he only issue is whether there was an adequate pre-deprivation hearing. Here, there was not, since a hearing before a neutral hearing officer was required, and none was provided.\u201d). He cited one case, Schweiker v. McClure, 456 U.S. 188, 102 S.Ct. 1665, 72 L.Ed.2d 1 (1982), for this proposition. In the instant motion, Mr. Heneghan cites a new case and fundamentally alters his argument: he now insists, relying on McDaniels, that \u201csince the pre-deprivation process was not impartial ... the only way for Defendants to 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 24/31 escape liability is if the Court is correct that Plaintiff had available a post- deprivation remedy in the union grievance process.\u201d Pl.'s Mem. in Support of Mot. For Reconsideration, 3 (emphasis added). In other words, where in his initial briefing Mr. Heneghan claimed that his pre-deprivation procedures were inadequate, he now claims his post-deprivation procedures were lacking. McDaniels involved the discharge of a tenured professor, Frank McDaniels, from the Delaware County Community College (\u201cDCCC\u201d). Following a trial in which the jury found against and awarded McDaniels substantial damages for violation of his procedural due process rights filed a motion for judgment as a matter of law in its favor. The District Court denied the motion and the Third Circuit reversed. After school officials initiated an investigation into charges that he had threatened and sexually harassed a student, McDaniels was afforded a pre-termination hearing during which a school official explained the charges against him and allowed him to respond. Id. at 451\u201352. Subsequently, McDaniels was terminated from his position and told of his post-termination rights, which included having his action heard through a grievance procedure as provided under the terms of his union's collective bargaining agreement, or having a hearing before a committee of the College's board of trustees. Id. at 452. He appealed to the President of the College, but did not appeal the President's adverse decision to the board. Id. at 453. He did not pursue the matter in state court. Id. Rather, he began arbitration proceedings as provided under the collective bargaining agreement and then filed a federal action while they were pending. Id. *366 366 The Third Circuit re-affirmed that Loudermill provides the proper standard to assess the adequacy of pre-termination procedures afforded to a public employee. McDaniels, 59 F.3d at 456. It then addressed McDaniels' argument that he should have been allowed to present evidence at trial that the pre- termination procedures he was afforded were \u201ca sham\u201d because the officials who conducted his initial interviews were not impartial. Id. at 458\u201359. The court ultimately rejected this argument. First, it observed that there is a key distinction between pre- and post-termination procedures in public employment cases: 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 25/31 Although due process requires an impartial decisionmaker before final deprivation of a property interest, [ Schweiker, 456 U.S. at 195, 102 S.Ct. 1665], it is not clear that strict impartiality is required at each stage of the process. In situations as the one at hand, there are two stages, pretermination and post-termination, but normally the post-termination proceedings conclusively determine the employee's status. The pretermination hearing merely serves as \u2018an initial check against mistaken decisions\u2014essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\u2019 Id. at 459. The Court went on to observe that failure to provide an impartial decisionmaker in the pre-termination context does not in itself constitute a due process violation where the plaintiff has recourse to neutral, post-termination review. It stated: [A] discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post- deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker. Id. at 460. That leads to Mr. Heneghan's argument. He claims that since his pre- deprivation procedures were not impartial, \u201cthe only way for Defendants to escape liability is if the Court is correct that Plaintiff had available a post- deprivation remedy in the union grievance process.\u201d Pl.'s Mem. in Support of Motion for Reconsideration, 3. He essentially argues that, since both Ms. Snyder and Ms. Whitaker were under the impression that Mr. Heneghan's appeal of the rescission of tenure was complete following his hearing before the Board of Trustees, he did not have an adequate post-deprivation remedy available through the Union grievance process. His argument fails. First, Mr. Heneghan bases his claim that the grievance process was unavailable to him on the fact that Ms. Whitaker and Ms. Snyder thought his appeal had ended with his hearing before the Board. With respect to Ms. Whitaker, her subjective belief about the procedures available to Mr. Heneghan does not have any effect on whether he could have pursued the grievance process. She was the person who denied his initial grievance; but had he proceeded to the next step, appeal to the 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 26/31 President, she would have had no part in a denial at that stage. Neither could she have prevented him from pursuing arbitration through the Union. With respect to Ms. Snyder's representations to Mr. Heneghan, she made clear in her deposition that though her involvement in his case ended after his appeal before the Board of Trustees, he did in fact file a grievance with the assistance of other Union officials. Q: ... Would you agree with me that it would have been more beneficial to have considered him to have had *367 the right to grieve versus the right to appeal to the board? 367 A: Well, in fact, he did grieve. There was a grievance that was filed on his behalf. Q: And what happened with the grievance? A: It did not proceed after the decision that the board of directors made and that was a decision that was made by the executive committee of the local. Q: Okay. Just so understand this, someone actually filed a grievance under the grievance provisions of the collective bargaining agreement? A: Yes. Q: Who did that assume then that that was the local's job to do. This was not something that did. Q: How do you know they actually did that think saw a copy of it. Q: Okay. And that was the\u2014on a form that was provided for grievances? A: Yes. Q: It was eventually denied by an administrator? A: By Helene Whitaker. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 27/31 Q: Now, what it your understanding that the appeal procedure that you were involved in that resulted in the May board hearing was an appeal of the denial of that grievance of the appeal of something else believe that Article 4, Section was the appeal process that was required of Mr. Heneghan if he wanted to go before the board. Q: Okay. So did that have anything to do with the grievance that was denied by Helene Whitaker or do you think that was a separate process? A: It was\u2014to me it was a separate process. ... Q: What was your understanding about what could be done about Helene Whitaker's denial of that grievance? A: Well, if, in fact\u2014and would have to review their grievance procedure in the contract. If Helene's denial was first step, then\u2014or second step, then there would had to have been a third step if the local wanted to proceed with it. Snyder Dep. 24:17\u201326:12. Mr. Heneghan urges the Court to ignore both his admission on summary judgment that he was a member of the Union (Pl.'s Resp. to Def.'s Statement of Undisputed Material Facts, \u00b6 2) and his apparent belief that he was entitled to file a grievance, as evidenced by the fact that he did so. Mr. Heneghan was the person whose beliefs and actions mattered. To repeat McDaniels: \u201ca discharged employee cannot claim in federal court that he has been denied due process because his pretermination hearing was held by a biased individual where he has not taken advantage of his right to a post- deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker.\u201d 59 F.3d at 460 (emphasis added). The Third Circuit has more recently stated: [N]o due process violation occurs as a result of an adverse employment action as long as the government provides the employee with notice and an adequate opportunity to be heard after the fact. McDaniels, 59 F.3d at 459\u201360 public employer may discharge its due process obligations by providing for facially adequate post-deprivation grievance procedures, even if the initial 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 28/31 determination resulting in the deprivation was biased. Grievance procedures provided in collective*368 bargaining agreements may satisfy due process. Dykes v. Se. Penn. Transp. Auth., 68 F.3d 1564, 1572 n. 6 (3d Cir.1995). Skrutski v. Marut, 288 Fed.Appx. 803, 808\u2013809 (3d Cir.2008) (some internal citations omitted). 368 Moreover, as pointed out by the College, there is no record evidence to support a claim that any College official took affirmative action to dissuade Mr. Heneghan from following the established grievance procedure. Ms. Whitaker denied his first grievance, and the clearly stated that a second and third step\u2014appeal to the President, and then arbitration\u2014followed the first. Mr. Heneghan admitted that it was the Union that elected not to proceed to the second step, and admitted that when Mr. Acerra communicated this decision to him, he told Mr. Heneghan to call him with any questions or concerns. Mr. Heneghan testified that he did not contact Mr. Acerra or anyone else from the Union. This Court stated on summary judgment that \u201cwhen Mr. Heneghan filed a grievance ... it was denied. However, Mr. Heneghan did not proceed to the following two steps of the grievance process, which were presumably available to him. He admits that the Union, which represented him, elected not to do so.\u201d Memorandum at 15. Mr. Heneghan has presented no evidence that this Court erred in finding that he could have, but did not, pursue the next two steps in the grievance process. Because there is no dispute that arbitration would have constituted a hearing before an impartial decision-maker, Mr. Heneghan has failed to show that his motion should be granted due to error of fact or law. Anticipating the College's argument that he could also have appealed his termination under Pennsylvania Local Agency Law, Mr. Heneghan claims that, to the extent McDaniels found that appeal under Local Agency Law was available, it was wrongly decided. 2 Mr. Heneghan argues that Local Agency Law does not apply because \u201cthe Pennsylvania Public Employee Relations Act (\u201cPERA\u201d), 43 P.S. \u00a7 [1101.101], et seq. [ ], provides that arbitration of disputes is the exclusive remedy available to a unionized public employee.\u201d Id. (emphasis in original). 3 4 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 29/31 There is no basis upon which to believe McDaniels was wrongly decided. However, even accepting Mr. Heneghan's argument that the controls, his claim fails. In Dykes, the Third Circuit considered whether due process had been denied to a fired bus driver who availed himself of a three- step grievance procedure, following which his union did not carry the matter to arbitration. 68 F.3d at 1571. The court recognized that under the PERA, \u201cfederal labor law governs a challenge*369 to procedures followed in the termination of a public employee.\u201d Id. (citing Crilly v. Se. Penn. Transp. Auth., 529 F.2d 1355 (3d Cir.1976)). However, it then ruled that the due process requirement of a post-deprivation hearing is satisfied whether the union proceeds to arbitration or not, since an employee dissatisfied with the way the grievance procedure was handled still has recourse in state court: 369 If a public employee believes that the grievance process was defective, he may seek relief available under state law. Once an employee establishes that a \u2018union has acted in bad faith towards its member[,] ... the Court of Common Pleas sitting in equity may order completion of the arbitration procedure.... Under this procedure a wrongfully discharged employee receives precisely the treatment all the employees in the unit are entitled to under the collective bargaining agreement.\u2019 Where a due process claim is raised against a public employer, and grievance and arbitration procedures are in place, we have held that those procedures satisfy due process requirements even if the hearing conducted by the Employer ... [was] inherently biased.' Id. (citing Martino v. Transp. Workers Union of Phila., Local 234, 505 Pa. 391, 409\u2013410, 480 A.2d 242 (1984) and Jackson v. Temple Univ., 721 F.2d 931, 933 (3d Cir.1983)). Mr. Heneghan has failed to establish that grievance procedures were unavailable to him. Moreover, he had remedies to voice any dissatisfaction he had with the Union's handling of the process. The Third Circuit has recognized that if an employee believes a union has wrongly handled the grievance procedure, he can move to compel arbitration and thus pursue his rights under a CBA. This, too, was a state court option available to Mr. Heneghan 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 30/31 Mr. Heneghan received adequate pre-deprivation procedures under Loudermill because he was notified of the nature of the charges against him and given the opportunity to meet with school officials to explain his side of the story. Because adequate post-deprivation procedures were available to him, and he simply failed to take advantage of them, his case falls under the ruling in McDaniels. His motion for reconsideration will be denied. An appropriate order follows. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:52 Heneghan v. Northampton Cmty. Coll., 801 F. Supp. 2d 347 | Casetext Search + Citator 31/31"} |
9,084 | Nathan Stupiansky | University of Arizona | [
"9084_101.pdf",
"9084_102.pdf",
"9084_103.pdf"
] | {"9084_101.pdf": "sex harassment Jul 6, 2018 By Caitlin Schmidt Arizona Daily Star An assistant professor in the University of Arizona's college of public health parted ways with the school last week, after an internal investigation found that he sexually harassed a student last fall. On September 29, the student filed a report with the UA's Office of Institutional Equity accusing Nathan Stupiansky of drug-facilitated sexual assault. The Star does not typically identify victims of sexual assault. Earlier in the month, the woman met Stupiansky for a drink in downtown Tucson, but shortly after starting her second drink, the woman experienced a complete blackout that lasted several hours, the letter said. She woke up naked in a bed in an apartment belonging to Stupiansky's friend, with no memory of what had happened. Stupiansky told the woman that he had sex with her in the time she'd been incapacitated and again in the morning when she Privacy - Terms 3/1/25, 9:59 sex harassment | | azdailysun.com 1/3 was disoriented and still incapable of consent, according to the letter. In April, the emailed the woman, saying that it had completed its investigation and found that it was \"more probable than not\" that Stupiansky violated policy by kissing her when he knew or should've known she was incapable of consenting, according to a letter issued by the OIE. The letter says that the school recommended significant action be taken to address the policy violation, but didn't specify what that discipline would be. In a second letter sent to the woman on Monday, Office of Institutional Equity director Kristen Klotz said that in relation to the investigation, determination and recommendation, Stupiansky \"is no longer employed by or affiliated with\" the spokesman Chris Sigurdson told the Star that rules about personnel information prohibit him from disclosing the nature of Stupiansky's departure from the school, even though officials have previously alerted the media to firings of employees accused of misconduct. Sigurdson did confirm that Stupiansky's last day was June 30. Stupiansky's attorney, Rick Lougee, disputed the university's determination. \"The University\u2019s findings are in keeping with its policy of 'Start by Believing' and ignoring facts and evidence inconsistent with preconceived notions of guilt,\" Lougee wrote in an email to the Star. Lougee said that he was told the Tucson Police Department's investigation into the incident was closed, but told the Star Tuesday that the case is still open while detectives wait for additional forensic evidence, according to department spokesman Officer Christopher Hawkins. While the woman told the Star that she's relieved Stupiansky is no longer with the UA, she said that the investigative process has been grueling. 3/1/25, 9:59 sex harassment | | azdailysun.com 2/3 \"They didn't make the right finding based on my story,\" she said of the university's sexual harassment finding rather than sexual assault. \"They didn't offer me help, and the waiting was torture.\" The woman filed a police report and submitted to a rape kit. She reported the situation to the a few weeks later, at which time officials told her it would take two to three months to complete the investigation, but it actually took nearly seven months before the school issued its finding. When she asked the school for legal resources, the woman was referred to legal aid, which turned her away, saying they don't handle criminal cases. After months of waiting for the to return a decision, the woman hired an attorney to help navigate the process and put pressure on the school to take action. At one point, an employee told her that the problem with the investigation was that she didn't remember anything University of Arizona salary database shows that Stupiansky was being paid $100,000 a year as the school's director of adolescent studies. Stupiansky previously worked at the Indiana University School of Medicine, with his research and training focusing on behavioral determinants of sexual health among adolescents, according to the UA's website. 3/1/25, 9:59 sex harassment | | azdailysun.com 3/3", "9084_102.pdf": "The Prove The Prove It Project It Project By Jessica Suriano By Jessica Suriano a 3/1/25, 9:59 Writing | Prove It Project 1/50 The Prove The Prove It Project It Project By Jessica Suriano By Jessica Suriano The Problems: Students reported sexual assaults by faculty, in dorms and at fraternities. Then they heard the responses University of Arizona assistant professor and a graduate student met for drinks in a downtown Tucson bar. She had a glass of red wine. 3/1/25, 9:59 Writing | Prove It Project 2/50 After starting a second drink, she \u201cexperienced a complete blackout for several hours,\u201d she later reported. She woke up naked in a bed at an apartment belonging to a friend of the professor. They had sex while she was impaired, the professor later told her, according to the complaint the student filed with the university. And they had sex again the next morning when she still felt \u201cdisoriented and incapable of consent.\u201d The student reported the 2017 incident in a complaint to UA\u2019s Office of Institutional Equity, which is supposed to support \u201cefforts to uphold the university\u2019s commitment to creating and maintaining a working and learning environment that is inclusive and free of discriminatory conduct,\u201d and act as \u201cobjective fact-finders,\u201d according to its website. The investigated internally, and the case crawled forward for nearly seven months. Nathan Waite Stupiansky, a public health professor who was director of adolescent studies, completed his last day at the school at the end of June 2018. Tucson Police Department has an ongoing criminal investigation into the allegations, but Stupiansky\u2019s lawyer denies any wrongdoing. To the woman who made the complaint, the entire process reporting through the university was confusing, lacked transparency and never seemed to address her needs as a victim. And her experience is not unique. An investigation of sex assault cases at found that in an approximately five-year time span, 90 reports of sexual offenses were made to the University of Arizona Police Department. Between Aug. 1, 2013, to Oct. 19, 2018, nearly half of these offenses were believed to have occurred at on-campus student housing and over one-fourth were believed to have occurred at fraternities. Additionally, there is a noticeable discrepancy between the reality of sexual assault prevalence and the number of official reports made to campus police hired two sexual assault survivor advocates in fall 3/1/25, 9:59 Writing | Prove It Project 3/50 2018, and within the first five months of their employment alone, 170 students came to see them to discuss a sexual assault. While the university has started to discuss new methods of education and prevention for campus sexual assault, as well as hire more personnel in different capacities to address these issues, there are other universities in the country making more progress with more efforts. The case between this student and professor is one of many examples of the UA\u2019s historical fragmentation of policies and procedures for addressing sexual misconduct allegations. At both the institutional and social levels, the has failed to rectify sexual violence in sorority and fraternity programs, student housing, and other areas of campus life. The school completed its internal investigation of Stupiansky in April 2018, determining \u201cit is more probable than not\u201d Stupiansky violated the school\u2019s Nondiscrimination and Anti-harassment policy by \u201ckissing you when he knew or should have known that you were incapable of consenting to such acts.\u201d University investigations conducted by the Office of Institutional Equity do not seek criminal charges, unlike police investigations. According to OIE\u2019s letter to the student recommended \u201csignificant action be taken\u201d in the letter, but did not specify further details. The woman received another letter from on July 2, 2018, confirming Stupiansky was no longer \u201cemployed by or affiliated with\u201d the university \u201cin relation to the investigation, determination and recommendation\u201d of her complaint. Stupiansky\u2019s last day \u201cemployed by or affiliated with\u201d the university was June 30, 2018, according to university spokesperson Chris Sigurdson, over two months after the determination was made. Sigurdson said he could not comment on whether or not his departure was related to the complaint, or if it was due to a voluntary resignation or firing, since personnel records are confidential would not comment on its recommendation for handling the personnel issue since its investigations are also confidential. 3/1/25, 9:59 Writing | Prove It Project 4/50 June 30 is the end of the university\u2019s fiscal year, the typical end date for appointed personnel contracts, Sigurdson said in an email. The Tucson Police Department criminal investigation into the allegations against Stupiansky is still open as of April 2019. Rick Lougee, Stupiansky\u2019s attorney, disputed the allegations against his client. \u201cThe toxicology results, the text message exchanges and other evidence prove the accuser\u2019s allegations of sexual assault to be false,\u201d he said in an email can only speculate as to her motive to fabricate.\u201d Lougee also objected to the standard journalism practice of not naming alleged sexual assault victims without their permission. \u201cIf she was actually sexually assaulted, the public will support her if she is named for having the courage to come forward,\u201d Lougee wrote in an email. \u201cIf she is lying, as she is, she deserves public shame and obloquy.\u201d Several reasons contribute to this standard journalism practice; among them is that journalists do not want to create a chilling effect that would discourage more people who believe they were sexually assaulted from filing reports in the future. Those who choose to file sexual assault reports also often fear retaliation that could result in violence or intimidation. Still, Lougee said in an email that \u201cthis policy is based on politics not considerations of journalistic integrity.\u201d Stupiansky\u2019s past academic research has focused on the study of sexual health and behavior in adolescents. As of March 2019, Stupiansky was listed as a real estate salesperson in Phoenix, according to the Arizona Department of Real Estate license database. \u201cIt kind of destroys your faith in the whole entire school.\u201d The same day the woman woke up in the stranger\u2019s bed, she said she went to the university\u2019s Campus Health Services to get tested for date- rape drugs. She was tested for Rohypnol and later she asked to also be tested for sedatives such as ketamine and benzodiazepines. 3/1/25, 9:59 Writing | Prove It Project 5/50 In early October 2017, she received a note from a Campus Health nurse that one of the tests, sent to a lab in Pennsylvania, was cancelled because the \u201cincorrect specimen\u201d was received. The student said there was no further follow-up on the cancelled test. The student said when asked by Campus Health if she wanted to submit a rape kit, she declined because at the time, she thought rape kits were used only to identify a rapist\u2019s identity. She knew who she had drinks with, so she didn\u2019t think it was necessary. Campus Health never explained to her what its results could show, she said think it\u2019s important to know that came in asking for date-rape drug testing and they asked me if wanted to get a rape kit, but they explained nothing about that process to me,\u201d she said. \u201cThey didn\u2019t explain why it would be helpful to get one came in disoriented, confused, and didn\u2019t know the value of getting that at that point in time.\u201d The student also said that she felt shamed by Campus Health. She said a nurse told her to \u201cmake better choices\u201d and \u201cbe more careful about who you hang out with.\u201d She said that a school counselor in psych services told her she \u201cdidn\u2019t come to school to report a crime\u201d and she might not want to put her energy into pursuing it. \u201cIt was just all the typical stuff that you hear other people say, and just sort of thought we were past that as a society, but apparently not,\u201d she said. If a student plans on pressing charges and filing a police report, testing and exams are done at Tucson Medical Center, where a volunteer from the Southern Arizona Center Against Sexual Assault will meet the student, Katherine Schuppert, a doctor in the women\u2019s health clinic at Campus Health said. If the student doesn\u2019t plan on pressing charges, Schuppert said a provider in the women\u2019s health clinic will meet with the student, but will be advised that any care given in Campus Health does not count as completing a rape kit. Campus Health can order testing from other labs for date-rape drugs depending on what the patient believes happened or what drugs the patient believes may have been involved, Schuppert said, but without 3/1/25, 9:59 Writing | Prove It Project 6/50 insurance some of those tests are expensive and there is a chance of false positives and false negatives. \u201cSome labs do certain ones, and some labs don\u2019t, and it all gets pretty complicated,\u201d she said. The woman decided to submit a rape kit through Tucson Medical Center after visiting Campus Health, which was tested through the Tucson Police Department Crime Laboratory. Jelena Myers crime lab superintendent said in an email that the lab has no untested kits. Rape kits are delivered to the lab within days of collection, and they take approximately 38 days to process once they have been delivered to the lab, she said in an email. \u201cSeveral initiatives over the last three years have eliminated any previously existing backlogs of untested kits,\u201d Myers said in an email. The student said the university\u2019s referrals to legal aid were not helpful. The agency the university referred put her in contact with a lawyer who seemed to lack experience in Title policy, she said. After submitting an intake form for a different legal aid organization, she was told the organization could not provide assistance because it involved potentially criminal charges. \u201cThey didn\u2019t really take into consideration the fact that I\u2019m a student and I\u2019m not going to be able to afford an expensive lawyer by myself,\u201d she said. After she received the letter from that Stupiansky probably kissed her without consent, but did not address her allegation of rape, the woman said she felt the school \u201cdownplayed\u201d her whole experience. \u201cIt kind of destroys your faith in the whole entire school,\u201d the woman said. When contacted for an interview about how the internal investigation\u2019s determination was made employees said questions must be deferred to Sigurdson, vice president of communications and university spokesperson, for comment. \u201cPrivacy laws and university policy and practice prevent staff from releasing any details of investigations,\u201d Sigurdson wrote in an 3/1/25, 9:59 Writing | Prove It Project 7/50 email. The University denied a public records request for all of the documents under OIE\u2019s internal investigation because \u201cdoing so would be contrary to the best interests of the state and to the privacy interests of the complaining individuals and any other witnesses who participate in the investigative process,\u201d the records request response letter said. Sigurdson said these reports are \u201cprivate by practice and policy\u201d because they are investigating charges that may be founded or unfounded, and to prevent people from being afraid to report or participate as witnesses in the future. \u201cBecause of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual\u2019s own statement,\u201d the University\u2019s Nondiscrimination and Anti-Harassment policy states. \u201cLack of corroborating evidence should not discourage individuals from seeking relief under this policy.\u201d New campus efforts aim to make a model school The university has started to introduce plans to improve student resources and streamline reporting avenues, but some campus stakeholders say it\u2019s not yet enough. In fall 2018 hired a new Title director and two survivor advocates who are not mandated reporters in the Women and Gender Resource Center. Ron Wilson is bringing years of constitutional and civil rights law experience into his new role as UA\u2019s Title director. Wilson has previously served as a Title investigator at Edinboro University in Pennsylvania. Wilson said part of his decision for accepting his new position was because of the potential he sees in student involvement surrounding equity issues. His appointment came at a time when was reckoning with its history of 27 sexual and domestic violence investigations into athletes and athletic department employees in a six-year span 3/1/25, 9:59 Writing | Prove It Project 8/50 while simultaneously defending itself against Title lawsuits, according to reporting from The Arizona Daily Star. \u201cStudents, first and foremost, are a driving force behind this,\u201d he said. \u201cIt was clear from the very first moment that Title was proposed as an amendment that the intent was to protect students, and so we have to have student involvement, and you have to have student engagement, and you have to have students at the table at every step of the way.\u201d He said he wants the campus to \u201cgo above and beyond\u201d what it\u2019s required to do under Title guidelines. In January, Wilson said the university was in the process of hiring more deputy Title coordinators to work with him. Also in January, both the offices of Wilson and University President Robert Robbins sent mass emails to the student body about Title reminders, ways to connect with the survivor advocacy program, and a campus climate survey regarding sexual misconduct concerns. The campus climate survey was sent to all students on Feb. 1 from the Dean of Students Office and closed on March 3. Westat, a social science research firm, administered the confidential and voluntary survey about experiences with sexual assault and sexual misconduct. Ron Wilson is the new Title director at UA. He previously served as the Title coordinator for gender 3/1/25, 9:59 Writing | Prove It Project 9/50 equity in sport and Title investigator at Edinboro University in Pennsylvania. Photo courtesy of the University of Arizona. \u201cThe results will be used to guide policies to encourage a healthy, safe and nondiscriminatory environment at University of Arizona,\u201d the email with the survey link said. \u201cIt is important to hear from you, even if you believe these issues do not directly affect you.\u201d The survey is similar to one administered to in 2015 but includes slight revisions, Lucas Schalewski, associate director for assessment, research, and grant development, said in an email. The results of the survey should be available in late summer, and the findings should be posted online in fall 2019, he said in an email. One of the January emails from the president\u2019s office announced the creation of a Department of Title IX, Equity, and Inclusion (DEI), which would essentially consolidate the Title and Office of Institutional Equity responsibilities. Wilson will oversee the new unit, the email said remain committed to making the a national model for our approach, and the will become a benchmark to which other colleges and universities around the nation will look for guidance, direction, and technical support,\u201d Robbins\u2019 email said. Robbins was contacted for an interview about the school\u2019s progress of obtaining the changes and assessments outlined in his emails. \u201cWe don\u2019t typically schedule the president for interviews on student projects or research,\u201d Sigurdson responded in an email, \u201cbut can put you in touch with the appropriate administrators over the area of interest. In this case that would be Ron Wilson, copied here.\u201d Wilson said he is excited about the possibility of deploying campus- wide internal training, prevention, awareness and education programming. He also said has the opportunity to become a place where potential Title coordinators and investigators can receive training and certification. In the future, he also hopes to see the Consortium on Gender-Based Violence being nationally recognized for its research. 3/1/25, 9:59 Writing | Prove It Project 10/50 Elise Lopez is the inaugural director of UA\u2019s recently-launched Consortium on Gender-Based Violence. Previously, she was the assistant director of relationship violence programs in the college of public health. In 2015, she served as a U.S. delegate to the Ontario government Women\u2019s Directorate\u2019s Summit on Sexual Violence and Harassment. In 2017, she served as a liaison to a criminal justice task force for the American Bar Association focusing on college student due process rights and victim protections. \u201cTypically what happens on campuses and other places, whether we\u2019re talking about violence or any other kind of topic, is we spend all these resources and time and energy developing and implementing programs and then we kind of do it as a check box,\u201d she said. \u201cWe don\u2019t really evaluate it. Or we do, but we don\u2019t really critically ask \u2018did this work or not?\u2019\u201d One initiative from the consortium is to create an \u201cinnovation fund\u201d that would seed fund people\u2019s ideas for large or small projects on sexual assault education and prevention, she said. Students, student groups, faculty and staff would be able to apply for funding for their ideas. The goal is to decide who will get funding to develop their ideas by the end of the spring 2019 semester. In comparison from five years ago, Lopez said is making efforts to try new approaches to education and prevention \u2013 a trend she thinks is partially due to increased federal attention on the issue around 2014. Still has never had enough capacity to reach its desired goals, she said. 3/1/25, 9:59 Writing | Prove It Project 11/50 has over 40,000 students, but one person funded as a sexual assault prevention staff member, some graduate assistants and a team of undergraduates tasked with sexual assault prevention programming, she said. Elise Lopez is the director of the Consortium on Gender-Based Violence. Photo by Nividita Chatani/ College of SBS. Picture courtesy of the don\u2019t think there\u2019s anybody who would say that that\u2019s sufficient,\u201d she said. \u201cAnd yet that\u2019s where the funding level has been. So think if we really want to make a dent in sexual assault prevention, we have to put more funding toward it. We absolutely need more staff working on this. We need more student involvement. We need more financial resources to help us create more sexual assault prevention programming.\u201d Over 40% of sexual assaults reported to happened in student dorms In April 2016, a student reported to that she was raped by an acquaintance in the Apache-Santa Cruz dorm. Her report was the fifth sexual assault report made to in 2016; 21 reports of sexual offenses were made to by the end of 2016. The student told police that about a month prior to making the report she assisted a male student back to his dorm room after seeing him \u201cvery intoxicated\u201d at Highland Market, according to campus police 3/1/25, 9:59 Writing | Prove It Project 12/50 records. She said she had met the student before through mutual friends, and they had watched together. Once the students had reached his room, the woman said he attempted to force her to perform oral sex on him. After she refused, she told police he began sexually assaulting her on his bed. After she told the student to stop twice, he told her to \u201cstop being lame,\u201d and continued raping her, according to the document of the woman\u2019s interview with UAPD. She also told police that she had been less social with her friends since the alleged assault and had been staying inside her room for most of the past month since it occurred. She said she decided to file a report that day because she saw the other student again and felt re- triggered. The residence hall\u2019s community director told police she would offer the woman an emergency relocation to a different dorm. The woman told she did not wish to press charges against the other student. Between Aug. 1, 2013, to Oct. 19, 2018, 39 of the 90 sexual offense reports received by were believed to have occurred in on- campus student housing. In both completed and attempted rapes, about 90% of victims know the perpetrator, according to the National Institute of Justice, otherwise known as acquaintance rape. 3/1/25, 9:59 Writing | Prove It Project 13/50 In an approximately five-year time span, campus police received 90 reports of sexual violence. Nearly half of the assaults were believed to have occurred in student residence halls, and over 25% were believed to have occurred in fraternity houses. Infographic by Jessica Suriano. Several apartment complexes for students are located just outside of on-campus boundaries: the Hub at Tucson, Sol y Luna and the Urbane apartments. Between Jan. 1, 2013 to Aug. 27, 2018, Tucson Police Department received four reports of sexual assault at Hub at Tucson and five reports of sexual assault at Sol y Luna received zero reports from Urbane apartments between its opening date to Aug. 27, 2018. While almost half of the sexual assault reports received in a roughly five-year time span were believed to have happened at a dorm, the majority of sexual assaults of students attending large universities occur off-campus, according to data collected by the Associated Press. Between Jan. 1, 2009 to Aug. 1, 2018 received 165 reports of sexual assaults within a one-mile radius of the center of campus said information for incidents prior to 2009 was not available, and a change in the FBI\u2019s crime classification system could account for more reports to be counted as a sexual assault after 2013. \u201cSexual assault/rape,\u201d as defined by the Uniform Crime Reporting Classification System, now allows for more actions taken without consent against a person of any gender to be classified as sexual assault, whereas the definition prior to 2013 stipulated rape as only \u201cof a female forcibly and against her will.\u201d Of the 165 sexual assaults within a one-mile radius of campus reported to TPD, 73 incidents were reported at the Banner University Medical Center. However said just because a crime was reported at does not mean the sexual assault was believed to have occurred at BUMC. Through their database said they can\u2019t determine how many of the 165 reports came from students. 3/1/25, 9:59 Writing | Prove It Project 14/50 Tucson Police Department received 165 reports of sexual assaults within a one-mile radius of campus between Jan. 1, 2009, to Aug. 1, 2018. 73 of these reports were made at Banner University Medical Center. Graphic made by Tucson Police Department and included in records request response. Annie McCabe was a Resident Assistant in the Arizona-Sonora dorm during the 2015-2016 academic school year while she was an undergraduate student, and she said the resident assistants had to complete a one-week training for handling a variety of situations with students living in the dorms, including sexual assault. \u201cFrom what can remember, the first thing was to state that we\u2019re a confidential source,\u201d she said. \u201cHowever, if it is something that we feel is of harm to themselves or someone else, we are obligated to report it. So letting them know that we would be reporting it to higher authority if they disclosed something that we felt was of a threat to them.\u201d While students could disclose to their resident assistants, McCabe said, she said they would stay as involved or as uninvolved as the student preferred throughout the reporting process. Jamie Matthews, associate director for residential education at UA, said resident assistants are mandated reporters if students tell them that they have been sexually assaulted. 3/1/25, 9:59 Writing | Prove It Project 15/50 Sergeant Cindy Spasoff said campus police knows sexual assaults are underreported by the student body, but she also understands it is a student\u2019s choice whether or not to pursue the reporting process through the police. \u201cI\u2019m frustrated that we live in a society that it\u2019s become socially normalized,\u201d Spasoff said. \u201cThat campus sexual assault is just a thing, and don\u2019t like that. That\u2019s the part that frustrates me. That we haven\u2019t raised our students better, that we haven\u2019t as a society grown into an aspect where this is unacceptable and that we\u2019re not going to tolerate it anymore, and that it continues to happen. That\u2019s the part that\u2019s frustrating Greek Life has a sexual violence and harassment problem Of the 90 sexual violence offenses reported to the University of Arizona Police Department in an approximately five-year time span, over one-fourth were believed to have occurred at a fraternity house on campus. In that time frame received 25 reports of sexual assault or forcible rape that were believed to have occurred at fraternities housing either chapters that have since lost recognition on campus, or remain active chapters as of spring 2019. Those 25 reports account for about 28% of the 90 total sexual offense reports in this time span. The amount of undergraduate students enrolled in a Greek organization is 17.2% \u2013 a significantly lower proportion than the frequency of alleged offenses committed at fraternity houses. At least three studies have found fraternity men are three times more likely to commit rape than other men on campus. Among the fraternity houses included in the 25 reports are the addresses for Alpha Kappa Lambda, Kappa Sigma, Alpha Sigma Phi, Sigma Alpha Epsilon, Alpha Epsilon Pi, Sigma Chi, Pi Kappa Alpha, Sigma Alpha Mu, Delta Tau Delta, Sigma Phi Epsilon, Zeta Beta Tau, Phi Delta Theta, Theta Chi, Beta Theta Pi, and Phi Gamma Delta. During the fall 2018 term, Alpha Kappa Lambda lost recognition through May 31, 2022 after the Dean of Students office investigated 3/1/25, 9:59 Writing | Prove It Project 16/50 allegations of violating sanctions, possession of drug paraphernalia and threats to harm one chapter member and his girlfriend. In Summer 2018, Kappa Sigma lost recognition through May 2023 after an investigation concluded chapter members held \u201cevents with alcohol while under sanction, assaulted individuals hired to provide security and created a fund to hide activities from the university,\u201d according to a news release from the university. Sigma Alpha Epsilon also lost recognition in Summer 2018 after an investigation into health and safety violations. Alpha Sigma Phi lost recognition in fall 2017 through May 31, 2021 because of a Dean of Students investigation into allegations of endangerment, unauthorized possession of alcohol and hazing. Delta Tau Delta lost university recognition in July 2015 after the national office suspended the chapter for repeated violations of risk management policies and new members\u2019 poor academic performance. Alpha Epsilon Pi, Pi Kappa Alpha, Sigma Alpha Mu, Sigma Phi Epsilon, Zeta Beta Tau, Phi Delta Theta, Theta Chi, Beta Theta Pi, and Phi Gamma Delta are still active fraternity chapters within The Interfraternity Council at UA, along with 10 other chapters. 3/1/25, 9:59 Writing | Prove It Project 17/50 The Sigma Alpha Epsilon fraternity house at the University of Arizona is known for the lion statues in the front. The chapter at lost recognition in Summer 2018. Photo by Jessica Suriano don\u2019t want to do this.\u201d In August 2017, a freshman who had been on campus for less than a week told she was raped by a Sigma Alpha Mu fraternity member during a party at the chapter\u2019s house. David Lipan, 20, is the Sigma Alpha Mu fraternity member accused of pinning this student down by her wrists and assaulting her in a room in the fraternity house while she told him to \u201cplease stop,\u201d that she was \u201ctoo drunk to do this,\u201d and don\u2019t want to do this,\u201d according to the report and Pima County Superior Court records. The student and her friends were offered shots of alcohol at the party before the alleged assault and were \u201cberated\u201d when they hesitated to drink, and were told \u201cthe whole point of frat parties was to get drunk and have sex with a frat boy,\u201d according to interviews included in the police report. The report said the woman also had visible marks and bruising on her neck. In February 2018, the female student\u2019s former attorney filed a notice of claim for $2.5 million against the university, which stated \u201cThe University of Arizona and [Arizona Board of Regents] knew or should have known of the dangerous propensities of this fraternity, and should have warned students about the dangers there, should have revoked their permission to operate, should have investigated and shut down the illegal parties there, and revoked their authority to operate as a fraternity on campus to protect the students there.\u201d As a result of the university\u2019s \u201cfailure to supervise and investigate this organization on their campus,\u201d the notice of claim states, the woman has \u201cconstant anxiety for her safety, nightmares, and fear of trusting anyone or anything.\u201d The woman is also fearful of retaliation from other Sigma Alpha Mu fraternity members, according to the document. 3/1/25, 9:59 Writing | Prove It Project 18/50 After Lipan was indicted in February 2018, he was permitted by the court to travel to the Coachella music festival in April 2018, to California in November 2018 for the Thanksgiving holiday, to Illinois and California again over winter break, and to Cabo San Lucas, Mexico, in January 2019. On December 5, 2018, Deputy Pima County Attorney Alan Goodwin filed in court a notice that the State of Arizona is intending to prove Lipan has a pattern of past behaviors, outlining a testimony that Lipan allegedly sexually assaulted someone before in Naperville, Illinois, in 2015. In 2015, Lipan, then 17 years old, picked up a then 14-year-old high school student in his car, and drove her to a parking lot even though the girl thought they were going to a Dunkin\u2019 Donuts, the court document claims. Lipan then allegedly turned off the girl\u2019s phone, removed her clothes, and began \u201chugging her in a way she found inappropriate,\u201d according to the document. Then, Lipan forced the girl to perform oral sex on him twice before driving away and leaving her alone in the parking lot, according to the testimony in the document. Lipan and his legal counsel argued the testimony should not be allowed to be used in the trial for various reasons in court documents, including that there was no police investigation into the alleged assault at the time and that the testimony was taken several years after the alleged assault. The State disputed these arguments in another court document, arguing that the testimony of the second woman from Illinois demonstrates a pattern of behavior. In April 2019, Lipan\u2019s defense counsel submitted its list of witnesses and defenses. The document stated Lipan\u2019s team would plan to have another Sigma Alpha Mu fraternity member, the fraternity president, and a Title investigator testify during the trial, as well as the female student\u2019s parents, brother, and boyfriend. On January 25, 2019, Lipan rejected his plea deal, which would have entailed Lipan pleading guilty to a class 5 felony count of sexual abuse and 0.5 to 2.75 years in prison, according to The Arizona Daily Star. 3/1/25, 9:59 Writing | Prove It Project 19/50 However, the plea deal also included a possible probation sentence instead of any prison time. Lipan\u2019s five-day jury trial was going to start on March 26, 2019, but was postponed to July 9, 2019, according to court documents. The jury selection is supposed to take place during the last week of June. Sigma Alpha Mu is currently not under any university sanctions, but during the fall 2016, spring 2017, and fall 2018 terms, the chapter had code of conduct violations for either endangerment or alcohol infractions. The woman \u201cbelieves the culture of the University of Arizona must change,\u201d so that assaults will not continue to happen at UA, according to the notice of claim. When brotherhood becomes dangerous \u201cThere\u2019s something powerful about being a member of a club that has shared symbols and shared secrets,\u201d Alan DeSantis, University of Kentucky professor and author of Inside Greek U: Fraternities, Sororities, and the Pursuit of Pleasure, Power, and Prestige, said in a phone interview. \u201cAnd that\u2019s part of the attraction, but also it\u2019s part of the danger as well.\u201d There is a plethora of research available on the sociological phenomena at play in college fraternities, their chapter houses, and parties, but a prevailing idea is that the role of peer support among young men combined with alcohol, newfound freedom from home, and harmful gender stereotypes, can create a perfect storm. Hyper-masculine men, DeSantis said, can \u201ccelebrate guys that are aggressive and violent. They celebrate guys who are ladies\u2019 men, who get laid a lot.\u201d In his research, he said he found that sorority women were slut- shamed or scolded for exhibiting any type of \u201covert sexuality\u201d whereas fraternity members were \u201chigh-fived\u201d for the same behavior. Mary Koss, a Regents\u2019 professor at in the Mel and Enid Zuckerman College of Public Health, published the first national study sexual assault among college students in 1987. 3/1/25, 9:59 Writing | Prove It Project 20/50 \u201cFraternity membership itself does not promote sexual aggression,\u201d she said in an email. \u201cPeer support for competitive sexual conquest, pressure and opportunity to drink to excess, and a physical environment presenting opportunities to rape are risks for rape and are all found in fraternity living.\u201d Fraternities are not the only places to see similar patterns in male- dominated spaces, according to Lauren Leif, the interim director of Fraternity and Sorority Programs. Military groups and sports teams can exemplify this culture too think those areas, fraternities especially because of the age group, are a place for perpetrators to seek out in a lot of ways,\u201d Leif said. \u201cIf you want to find somewhere to hide out, that\u2019d be a good place to do it, right? And have access to people to assault.\u201d DeSantis also related the ways fraternity men bond is similar to the dynamics at play in military groups, sports teams, or street gangs. \u201cThe more we invest, the more we\u2019re invested in the groups,\u201d he said. \u201cSo don\u2019t think there\u2019s anything really magical about fraternities, per say, but in America, there\u2019s not a whole lot of other groups that specifically do what these organizations do.\u201d Lauren Leif is the interim director of Fraternity and Sorority Programs at the University of Arizona. Photo courtesy of the University of Arizona. Marcos Guzman, interim assistant director for Fraternity and Sorority Programs, said he tells fraternity men don\u2019t think you create rapists or predators think you attract them,\u201d because of the environment that is sometimes created within fraternities. He said the 3/1/25, 9:59 Writing | Prove It Project 21/50 aim of their programming is to address and correct \u201cthis kind of sense of toxic masculinity.\u201d \u201cSo that education think focuses on those students who know that this is wrong and to look for it within their membership because of the environments that are created,\u201d he said. \u201cLike the parties, dark rooms, lights going everywhere, and the music\u2019s so loud, alcohol flowing; how can you possibly know what everyone is doing?\u201d Leif and Guzman are aware of how fraternities, and their underage members, access alcohol for parties think we all know it\u2019s easier to get access to alcohol when you\u2019re underage when you have a network of people that are of-age,\u201d Leif said. \u201cAnd so we know that that obviously contributes to sexual assault across the board.\u201d Many fraternities offer the opportunity for some members to live in the chapter\u2019s on-campus house. Leif said she is \u201cnot a fan of fraternity housing.\u201d She said Greek Row housing at originated when there weren\u2019t enough dorms to house more students, but Greek life housing \u201cobviously brings a lot of struggles.\u201d The Kappa Kappa Gamma sorority built the first on-campus house at in 1923. \u201cSo it\u2019s kind of funny because we\u2019ve created our own monster,\u201d Leif said. Parties and alcohol use are common in American universities. At UA, when parties want to serve alcohol, presumably only to people 21 years old or older, they are considered \u201cregistered\u201d through the university and typically employ security guards to monitor who is drinking alcohol at the event. Unregistered parties might be included in reports, and then the chapter would answer to the Greek Standards Board or Dean of Students office, Leif said, and either way, the probable outcome is sanctions. Leif said her office receives reports a few times a month about alcohol transports, noise complaints, or other violations, and Guzman said they find out about 90% of unregistered parties. Guzman said 3/1/25, 9:59 Writing | Prove It Project 22/50 sometimes fraternity men might not recognize abuse behaviors from their brothers during parties. \u201cThey think everyone\u2019s a good guy,\u201d Guzman said. \u201cDon\u2019t get me wrong. You have tons of good guys, but you also have to acknowledge you got a lot of bad guys too needs to \u2018flip the script\u2019 for better sexual violence education The case against Lipan was able to go through the court system, albeit the time from the report to trial spanned nearly two years, but data shows that sexual assaults at the University of Arizona, including its fraternity houses, are not isolated incidents. While 90 reports of sexual offenses were made to in a roughly five-year span, the recently hired survivor advocates in the Women and Gender Resource Center said 170 students have come to talk to them about a sexual assault during the fall 2018 semester alone. To put this discrepancy into even more perspective, statistically only 20% of female college students ages 18 to 24 report their sexual assaults to law enforcement at all is making efforts to find new methods of preventing sexual assault, which is necessary considering the programming the university has been using for years has not made any differences, according to Lopez. \u201cMost of the time if programs aren\u2019t working, people like to ignore it because A: nobody likes to admit failure, and B: it\u2019s hard to find resources to try something new,\u201d she said. Some colleges have adopted programs such as Green Dot and other bystander intervention trainings, but Lopez said \u201ceven the best bystander education programs do not have evidence that they change actual behavior or rates of violence on campus.\u201d The Green Dot program aims to train students, faculty and staff to \u201cinterrupt situations that are imminently or potentially high-risk for violence,\u201d according to the Alteristic website. Dorothy Edwards, Ph.D., is the president of Alteristic, a civic and social organization company, and the creator of the Green Dot program. 3/1/25, 9:59 Writing | Prove It Project 23/50 However, there is one program called \u2013 Enhanced Assess, Acknowledge, Act \u2013 that was written about in the New England Journal of Medicine and was shown to prevent rape up to two years after people completed the program. \u201cIt\u2019s literally the only program that\u2019s ever been shown to actually prevent rape, and it was done in Canadian universities,\u201d Lopez said. \u201cThe uptake on it in the U.S. has been really slow because it takes money and capacity to do it. And a lot of universities have not been willing to invest in that, unfortunately.\u201d The program was designed for first-year women university students. It was created to teach women risk cues for sexual violence in others\u2019 behavior, defensive strategies in the event of feeling threatened, and to stop blaming themselves or others who have been sexually assaulted. Still, many in higher education advocate for better ways of teaching people not to rape rather than teaching people how to protect themselves from getting raped. Jackson Katz, a social researcher, asked men what they do on a daily basis to avoid being sexually assaulted. Then he asked women. pic.twitter.com/GjniLR4iIZ \u2014 Jennifer Wright (@JenAshleyWright) September 30, 2018 Lopez is trained in EAAA, and so is Thea Cola, the Women and Gender Resource Center\u2019s coordinator for sexual assault and violence prevention, Lopez said. Lopez wants to roll out that program to the campus in fall 2019 and implement in for a five-year span, so they applied for funding from a private foundation and are waiting to see if the money will be granted. \u201cAnd so really, we\u2019ve known for more than 30 years at this point, that about one in four women will experience attempted or completed rape on college campuses in the United States, and that rate has been the same ever since then,\u201d she said. \u201cWe\u2019ve hardly seen the needle move.\u201d 3/1/25, 9:59 Writing | Prove It Project 24/50 Although Lopez said the community is talking more about sexual assault than in past years, there are still programs at play, many aimed toward fraternity and sorority members, that are not effective because they are not targeted enough. \u201cIn the past five years, one of the things we\u2019ve seen all the way from the federal government level to our social discourse level, is this idea that we shouldn\u2019t just be focusing on how to not get raped on college campuses,\u201d she said. \u201cWe really need to be talking about perpetration prevention, and although anybody can perpetrate sexual aggression or violence, most sexual aggression and violence is perpetrated by men, and so a lot of the discussion has been around: how do we engage men in violence prevention programming?\u201d Guzman and Leif said the main programming for Greek-affiliated students is a four-tier system called Advocating Sexual Assault Prevention created through the Women and Gender Resource Center. For the first two tiers, 60% of every fraternity or sorority is required to attend the programs. Tier three, a six-week program called Wildcat Way, requires at least one student from each chapter. Tier four, a two- credit course, has not launched yet, but at least one student from each chapter is supposed to enroll in it once available. New members of a Greek organization also take online programming about drug and alcohol abuse. At orientation, new students see a presentation from campus police and the Dean of Students office about health and safety concerns. The PowerPoint presentation obtained from the Dean of Students office includes one slide with sexual assault facts. Often, messaging is also not coming from people who look like all students and are representative of different communities, Lopez said. \u201cSo one of the complaints that many colleges and institutions hear about their prevention programs is that they\u2019re too white,\u201d she said, \u201cthey\u2019re too heteronormative and they\u2019re too cisgendered.\u201d Historically, sexual assault education programming for men has proven to be challenging, according to Lopez, because most men do not see themselves as perpetrators or potential perpetrators, so they disengage entirely. 3/1/25, 9:59 Writing | Prove It Project 25/50 \u201cMost men are not interested in sexual violence prevention and don\u2019t see it relevant to them, so they\u2019re not going to show up to workshops called \u2013 that have titles or descriptions around \u2013 toxic masculinity or healthy masculinity,\u201d she said. \u201cThey\u2019re not thinking about their masculinity, you know, in the way that most women are thinking about their own gender roles.\u201d Tyler Rodriquez, a junior at and peer educator in Students Promoting Empowerment and Consent \u2013 said what differentiates toxic masculinity from its healthier form is the expression or suppression of specific emotions to fit a societal standard of what behavior is \u2018acceptable\u2019 in men. \u201cYou automatically know it\u2019s toxic when it\u2019s affecting yourself and others adversely,\u201d he said. \u201cSo if you have anger management issues or if you are troubling people emotionally just with how you\u2019re acting or how you\u2019re presenting yourself, that\u2019s a clear cut sign of basic toxic masculinity.\u201d Aysia Arias, a senior student, is also a peer educator for in the Women and Gender Resource Center. She said masculinity becomes unhealthy when \u201cgender roles are followed with violence feel like from a very early age, boys are socialized to either not cry or not show emotions or be competitive,\u201d she said. Toxic masculinity contributes to men dying by suicide about 3.5 times more often than women, she said, showing that it harms not only others in society but also men themselves. The Me Too movement has furthered the conversation of toxic masculinity in the media landscape, too. Arias said it wasn\u2019t until joining that she started understanding what toxic masculinity meant, and Rodriquez said Me Too helped shift the topic into the public view think we really need to flip the script on how we approach it,\u201d Lopez said. \u201cAnd think it\u2019s also going to take more than quick fixes.\u201d Debating the pros and cons of university Greek Life Guzman and Leif said there are positives to joining the 17% of undergraduate students enrolled in a Greek organization, such as 3/1/25, 9:59 Writing | Prove It Project 26/50 higher retention rates of Greek students versus non-Greek students, larger professional and social networks, and increased chances of finding a successful job after college. \u201cYou can look at it at the bottom dollar; Greek students are typically more engaged with the university and its system, and are more likely to give back once they\u2019ve graduated,\u201d Guzman said. \u201cEmployers seek fraternity and sorority members at a much higher rate due to their leadership experience.\u201d Both Guzman and Leif also said Greek-affiliated students have higher retention rates between freshman and sophomore year. At UA, they are almost 10% more likely to continue on to their sophomore years than students who are not a member of a Greek organization. \u201cIn addition to that, more likely to receive a job offer that they wanted to receive,\u201d Leif said. \u201cYou can probably find a job, not necessarily the job that you want, and Greek students are finding the job that they want.\u201d The construction of the Geraldo Rivera Greek Heritage Park was made possible by a $500,000 donation from journalist Geraldo Rivera and his 3/1/25, 9:59 Writing | Prove It Project 27/50 wife, Erica. It is located between North Cherry Avenue and North Vine Avenue on Greek Row. Photo by Jessica Suriano. DeSantis, author of Inside Greek U, said in a phone interview that the opportunities Greek-affiliated students see after college might not have \u201ca whole lot to do with the effect of the Greek organization.\u201d In his book, DeSantis cites numbers from the Center for the Study of College Fraternity: 85% of U.S. Supreme Court justices have been fraternity men since 1910 and 85% of Fortune 500 executives have been fraternity men. \u201cWhile it\u2019s impossible to say because we\u2019re not running two simultaneous universes would hazard to guess that those that become leaders, would have become significant leaders in the business world or the legal world or the political world with or without the impact that the Greek organizations play,\u201d DeSantis said. Sorority and fraternity memberships can come with hefty price tags that are not conducive to many students\u2019 budgets. At the University of Arizona, the Panhellenic sorority chapter with the priciest new member fee is Gamma Phi Beta at $2,552, according to the spring 2019 costs of membership. Active member fees including housing costs for Panhellenic sorority chapters can total between $3,000 to just over $4,000. The Interfraternity Council chapter at with the priciest new member fee is Sigma Chi at $2,600. Active member fees including housing costs for Interfraternity Council chapters can total between about $2,000 and up to $6,000. In a 2015-2016 survey of 1,260 undergraduate students, of those students who indicated they were members of a social fraternity or sorority, 49.7% were white whereas only 4% identified as Asian/Pacific Islander, 10.5% as Hispanic or Latino, 15.8% as multiracial, and 16.7% as black or African American. \u201cUnfortunately think the role that they serve is antithetical to the goals of higher education,\u201d DeSantis said. \u201cThat they\u2019re surrounded by like-minded people, almost always from the same social-economic and ethnic groups, and in fact think it retards the sense of intellectual 3/1/25, 9:59 Writing | Prove It Project 28/50 and cultural growth that we hope happens at higher education, universities and colleges.\u201d With more than nine million alumni of fraternities and sororities in the job force, Greek alumni networks are reinforced with every new graduating pledge class. Alumni networks equal support for a university, both in loyalty and money. At least one study concluded that male alumni of Greek organizations donated significantly more money to their alma maters than non- Greek students. DeSantis\u2019 research shows these alumni members are the same ones occupying powerful leadership roles in many professional spheres. DeSantis, who was a fraternity man in college, said \u201chumans are inherently gregarious,\u201d and there are \u201cvery few people that are solely individualistic and isolated.\u201d Even students who don\u2019t pledge to a chapter will seek out a close-knit group of friends, he said. \u201cSo think what Greek organizations do, is they give us a club to belong to, and they give us these shared narratives that we buy into, kind of like a religion,\u201d he said. \u201cAnd it elevates these clubs. These clubs are more than just a bowling club. These are your \u2018brothers\u2019 or \u2018sisters,\u2019 and we live in a house together, and we suffered through pledging together.\u201d The also has chapters for historically black fraternities and sororities, known as the Divine Nine. DeSantis said his research showed black Greek organizations create \u201clifelong ties\u201d more effectively than predominantly white Greek chapters. The majority of the Divine Nine chapters are members of the United Sorority and Fraternity Council, which also includes identity-based chapters not included within or Panhellenic. Some examples are Delta Lambda Phi, a fraternity founded by gay university men, or Gamma Rho Lambda, for queer, transgender, non-binary and allied students. DeSantis said he found that \u201celite groups,\u201d Greek chapters that have the highest or most sought-after social standing and large networks, have \u201cfar less diversity\u201d than lower-tier chapters, or ones with less social capital. 3/1/25, 9:59 Writing | Prove It Project 29/50 \u201cOn my campus can almost \u2013 give me two guesses, and can tell you what fraternity or sorority my students are in, just by the way they look,\u201d he said. Is it time to shut down the party? Over the past couple of years, some universities have decided to indefinitely suspend their entire Greek life systems. Not only would this remove over 100 years of history and tradition from campus, but it also wouldn\u2019t help mitigate sexual assault or binge drinking, according to Guzman. At least with an established structure for fraternity and sorority programs, there is a protocol system with some oversight, he said. \u201cIf we have our programming and our office and that reach to those students, isn\u2019t that a little bit better than just kind of flushing them out there, where we have no idea where they are or what they\u2019re doing?\u201d he said. Despite improvements that need to happen, Leif said there is still a valuable place for Greek organizations on UA\u2019s campus think the Greek experience is a valuable one,\u201d she said. \u201cObviously there\u2019s a lot of areas that need to be kind of fixed up. And when universities make a decision to close all our chapters \u2013 or remove recognition is really what they\u2019re doing \u2013 what they\u2019re doing is creating a culture where they\u2019re punishing all of the good organizations on behalf of the bad organizations.\u201d Fraternity and sorority chapters engage in a significant amount of philanthropy and fundraising, which some say is overlooked when new headlines about Greek life make the news cycle again. According to the most recent information on the website, in the 2013-2014 academic year members raised over $20 million for philanthropy. According to the 2017-2018 National Panhellenic Council report, collegiate Panhellenic members raised nearly $28 million for philanthropy. Although DeSantis said he had a positive and important experience as a fraternity member in college, in hindsight he has been able to critically reflect on the Greek university system. He said if fraternities 3/1/25, 9:59 Writing | Prove It Project 30/50 and sororities continue to attract students, they should probably not be directly affiliated with universities. \u201cWithout significant reform, and we can just look at the state of Greek life today \u2013 not only the number of deaths from hazing, but the number of sexual assaults on female visitors, property damage \u2013 it needs serious reform or it should be abolished,\u201d he said. The Context: Students face barriers during and after reporting sexual assault. Advocates say a culture shift is needed to change the big picture. Why sexual assaults are underreported Brenda Lee Anderson Wadley and Karyn Roberts-Hamilton, two confidential survivor advocates, started their new jobs at in August 2018. In the first five months of the survivor advocates working on campus, 170 students came to see them to discuss a sexual assault. The knowledge that sexual assaults are underreported is not new. Statistically only 20% of female college students ages 18 to 24 report their sexual assaults to law enforcement, according to the Rape, Abuse and Incest National Network \u2013 RAINN. When rapes are reported, 80% of them come from white women even though black women, multiracial women, and Native American or Alaskan Native women in the U.S. are more likely to be assaulted than white women. One U.S. Department of Justice study found that about 6% of cisgender men reported experiencing attempted or completed sexual assault since entering college. College students who identify as transgender, genderqueer, or gender non-conforming are more likely to be sexually assaulted compared to students who identify as cisgender, according to RAINN. 3/1/25, 9:59 Writing | Prove It Project 31/50 Only 230 out of every 1,000 rapes perpetrated in the U.S. are reported to police, and of those, 46 reports lead to an arrest, nine cases are referred to prosecutors, and five lead to a felony conviction, according to RAINN. Accused rapists are less likely to serve a sentence in jail or prison than perpetrators of robberies or assault and battery crimes. Infographic by the Rape, Abuse & Incest National Network. rainn.org/statistics \u201cThe of is a microcosm of the U.S., and so think a lot of times people are like \u2018Oh, we\u2019re at of A, we\u2019re in this bubble, nothing bad happens,\u2019 however statistics state that 1 in 4 women on this campus have been impacted,\u201d Anderson Wadley said. \u201cAnd then when you look at the community with folks who may have a disability as well as our trans students on campus, those numbers are even higher.\u201d So, why isn\u2019t sexual assault reported more often? Survivors, advocates, researchers and law enforcement officials cite many reasons, 3/1/25, 9:59 Writing | Prove It Project 32/50 including fear of retaliation and believing the police would not or could not help. Many research studies place the rate of false sexual assault reports in the range of 2% to 8%. Still survivor advocate Roberts-Hamilton said many students are scared of not being believed, receiving victim- blaming comments, or not feeling supported by people they trust if they file a report. She said many students have no interest in pursuing a Title investigation, and in fact, the Title process can seem \u201cintimidating or scary\u201d to a lot of people on campus. \u201cAnd so sometimes, once we explain the Title process, students decide that they do want to do that,\u201d Roberts-Hamilton said. \u201cBut my thing is always like, with Title IX, you might not get the outcome or the consequences that you want. So, if we move forward with this, what are you going to get out of just the process? Is it going to be a part of your healing? And that\u2019s not something that we can determine for students, they have to make that choice for themselves. But it is common that students are re-traumatized in the process students who chose to report a sexual assault have faced victim blaming in the past. In February 2015, a student reported that she was raped in the Apache-Santa Cruz dorm to UAPD. After the student made the report, she received a Facebook message from the mother of the student accused of the rape, according to records. \u201cYou may want to drop the charges filed, as you are only going to hurt yourself,\u201d the Facebook message said. \u201cAs a polygraph test will prove his innocence and word is you \u2018get around have names of girls on your floor to confirm this to be true.\u201d The mother\u2019s message continued to say she planned to sue the student who filed the report for defamation because the student was \u201cmessing with another person\u2019s future.\u201d \u201cIf you are a decent human being with a heart, you will stop this from moving forward,\u201d the mother wrote in the same Facebook message. \u201cHe has never been in trouble. You both were at fault[;]you both are guilty. You will suffer the consequences for lying.\u201d Victim blaming exists in other spheres, too, such as the judicial court system New Jersey Superior Court judge is facing a three-month 3/1/25, 9:59 Writing | Prove It Project 33/50 suspension after asking an alleged sexual assault victim \u201cif she tried closing her legs to prevent the attack,\u201d as recently reported by The Washington Post. Amidst Brett Kavanaugh and Christine Blasey Ford\u2019s 2018 testimonies regarding her allegations of being sexually assaulted by the now- confirmed Supreme Court Justice, President Donald Trump tweeted his doubts of Blasey Ford by writing, \u201c\u2026if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed have no doubt that, if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed with local Law Enforcement Authorities by either her or her loving parents ask that she bring those filings forward so that we can learn date, time, and place! \u2014 Donald J. Trump (@realDonaldTrump) September 21, 2018 In true Twitter form, the platform exploded with survivor stories marked by the hash tag \u201c#WhyIDidntReport.\u201d The outpour of stories solidified countless reasons why survivors often choose to keep their trauma to themselves for years, and sometimes forever, and also why sometimes they remember their traumas but don\u2019t remember the minutiae of the experiences. Because my boyfriend told me he would actually kill me if left him or if told anyone and when someone beats you, you believe them didn't want to die. #WhyIDidntReport \u2014 Lizz \"Executive Time\" Winstead (@lizzwinstead) September 21, 2018 3/1/25, 9:59 Writing | Prove It Project 34/50 was humiliated knew everyone would find out was afraid it would ruin my professional reputation before had even started was afraid they would not believe me and let him hold my grade back was afraid they would not let me graduate from law school. #WhyIDidntReport \u2014 Amee Vanderpool (@girlsreallyrule) September 21, 2018 You know #WhyIDidntReport? Because when finally did lost my athletic scholarship and had to drop out of school. \u2014 daisy! (@taisydackett) September 21, 2018 The fear of disclosing a sexual assault is present in Campus Health too, according to Almader. She said students worry about their parents seeing a bill from Campus Health, even if the reason for the visit is confidential. Sometimes the cost of a visit to Oasis is a financial burden as well, she said. Oasis offers one free first visit, and any counseling visits after that cost $25 each. Almader said there is a donation-based funded for students who are completely unable to afford therapy, but it is very small. The Pima County Attorney\u2019s Office offers victim compensation to pay for expenses such as medical consultations, mental health services or loss of wages from work. There are limitations to this funding. The victim of the alleged crime must be willing to cooperate with law enforcement officers and prosecutors, and assistance is not guaranteed just by applying for the funding. Pima County\u2019s Victim Services Division can assist with referrals for counseling or providing advocates to accompany a victim throughout the court process. Police and community dynamics can hinder reporting Look at the people around you and tell them about the best sex you\u2019ve ever had. Uncomfortable? Now consider how it would feel to tell them about the worst \u2014 a sexual assault. 3/1/25, 9:59 Writing | Prove It Project 35/50 That was what Sergeant Spasoff said she was told during part of her police training for sexual assault reporting. She said everyone might have different reasons for choosing not to tell the police about being sexually assaulted, including the fear that police officers will victim-blame during investigations, which discourages them to report crimes. However, she said she thinks has made progress in ceasing harmful practices. \u201cThere is a little bit that people feel like police are victim-blaming, and while understand and respect that don\u2019t like that,\u201d Spasoff said. \u201cIt\u2019s a very difficult process long-term where the person is re-victimized over and over again at no fault of their own, just by the process of the investigation, the court appearances, having to face the aggressor. So being able to already be vulnerable, that takes a lot. And for somebody who\u2019s trying to overcome, and survive, and move on, that may not be the best option for them.\u201d Anderson Wadley said the \u201chistorical and community trauma around marginalized identities\u201d and relationships with law enforcement can also play a role in a chilling effect for reporting sexual assaults on campus. Also, many students might also not want to disclose a sexual assault perpetrated by a male student if the police officer interviewing them is a man, she said. \u201cSo few students that I\u2019ve seen \u2013 like so few \u2013 are interested at all in contacting the police or have,\u201d Roberts-Hamilton said. \u201cAnd spend so little time talking about that as an option think that there is get the sense that there\u2019s just \u2013 not stigma because think it\u2019s based in truth \u2013 that the police aren\u2019t great at handling cases of sexual assault, and that there is the very real possibility or probability that students will be re-traumatized. Or, that nothing will happen. That is, with all of the stuff that\u2019s come out about untested rape kits think that\u2019s also a barrier just to going to get a forensic medical exam. It\u2019s like, \u2018OK, and then what? My kit is going to sit in a storage locker for 20 years? Where am going to be in 20 years?\u2019 There\u2019s a lot \u2013 there\u2019s a lot of layers.\u201d Spasoff said the main issue sees on campus regarding sexual assault is a lack of established consent between partners, which often involves drug and alcohol use. The university needs to establish more bystander intervention programming, she said, and not just in the 3/1/25, 9:59 Writing | Prove It Project 36/50 context of sexual assault prevention, but intervention for many types of crimes common on campus. \u201cLike somebody stealing a bicycle \u2013 we can\u2019t even get people to stop and take a minute to report when somebody\u2019s taking a bicycle from another person,\u201d she said. \u201cBecause to them, it\u2019s not that big of a deal. But to the student that\u2019s having the bicycle taken, it can be life changing and the Dean of Students office give presentations at new student orientations for both students and their parents. Spasoff said the presentation to parents is important because a lot of the new students are entering college without ever having a conversation about consent. \u201cWe really like to stand up and kind of get on our soapbox and say like, \u2018we don\u2019t want your child to come to this school and the first conversation they have about sex is with one of us,\u2019\u201d Spasoff said. Survivor advocates want to see a culture shift The two new survivor advocates who started working in the Women and Gender Resource Center said an institution of UA\u2019s size should have between six to eight advocates would love to see our campus do a much more significant investment in prevention work,\u201d Roberts-Hamilton said. \u201cMost of the prevention that is done at the of is done by undergrad students, who are very minimally paid. We could be doing a lot more there.\u201d 3/1/25, 9:59 Writing | Prove It Project 37/50 President Robbins has been \u201cincredibly supportive\u201d of the new advocacy positions, and promised to find more money to hire more advocates, according to Roberts-Hamilton. Still, she said it will take more than money to see a change in campus culture think that we could do a lot with the resources we already have, it\u2019s just about collaborative work,\u201d she said. Both of the advocates entered their new positions with extensive backgrounds in trauma-informed care. Decorated T-shirts were on display around The House of Neighborly Service, 243 W. 33rd St., for Take Back the Night Tucson 2018 on April 11, 2018. Take Back the Night is an annual event for communities to raise awareness about sexual violence and support survivors. Photo by Jessica Suriano. Anderson Wadley was working in Student Assistance, supporting students through suicidal ideations and mental health hospitalization. She said she came in contact with sexual abuse survivors in her previous position too as a mandated reporter, but she always wanted to eventually provide students with confidential support. Roberts-Hamilton worked in non-profits for five years before studying violence as a public health issue in graduate school. Before the advocate position was created, she worked in the Women and Gender Resource Center on sexual violence prevention. Anderson Wadley said the culture shift needed at can\u2019t be only student-led, and there has to be support for it coming from the 3/1/25, 9:59 Writing | Prove It Project 38/50 administration too. \u201cSo how and in what ways has the administration backed survivors or backed helping people who have had terrible experiences here because of the impact of gender-based and sexual violence?\u201d she said. Minnie Almader is the coordinator for Oasis, the branch of Campus Health for sexual assault and trauma treatment, but she\u2019s also the only licensed professional counselor designated to Oasis counseling. She said when her schedule gets full, which it often does, two other staff members trained in trauma will help see students. She said additional resources, whether it be more counselors or assistance with outreach services, would be \u201creally helpful think all over the U.S., college students have a lot of stress, they have a lot of fear about their future, and think the Me Too movement has really made more people aware of sexual assault and harassment and stalking,\u201d she said. Almader said she wants more men involved in the discussions about sexual assault prevention and educational outreach \u201cbecause when the loved one is hurt, it affects everybody,\u201d she said. \u201cIt affects your relationship; it affects your family; it affects your friends.\u201d The Solutions: Universities around the country have started to implement new programs, but potential Title reform could change everything. Proposed Title changes add another layer of challenges The concerns about the future of sexual assault prevention and Title policy are not exclusive to the University of Arizona and can be seen nationwide. 3/1/25, 9:59 Writing | Prove It Project 39/50 In September 2018, Christine Blasey Ford\u2019s testimony about the now- confirmed Supreme Court Justice Brett Kavanaugh reignited both passionate support and vehement disbelief of survivor stories, including on the campus. On Oct. 9, 2018, the Counselors for Social Justice Club held an event called \u201cEmpower Hour: Supporting Sexual Assault Survivors\u201d to write letters to Blasey Ford and politicians about their support, disappointment or calls to action. Frannie Neal, president of the club and graduate student, said they wanted to use the event to advocate for sexual assault survivors and criticize the decision to appoint Kavanaugh to the highest court in the country. \u201cUnfortunately think that this is more of a setback than a move forward,\u201d Neal said think that women, now, might not feel like if they even come forward, that they will be believed, or that it matters. So think that it has a huge ripple effect.\u201d University of Arizona students write letters to Christine Blasey Ford and U.S. senators during \u201cEmpower Hour\u201d on Oct. 9, 2018. Students were encouraged to 3/1/25, 9:59 Writing | Prove It Project 40/50 express their thoughts about the outcome of the Brett Kavanaugh confirmation hearings in the letters. Photo by Jessica Suriano. U.S. Secretary of Education Betsy DeVos\u2019 proposed Title policy changes, which have been a significant point of controversy since they were introduced to the public. The proposed changes to Title regulation would grant greater protections to students accused of sexual misconduct and decrease liability for universities, according to the Chronicle of Higher Education. The Obama administration set guidelines on handling sexual misconduct investigations for colleges that receive federal funding in 2011, but DeVos rescinded them in 2017. The national debate about these proposed changes quickly erupted, dividing survivor advocacy groups and people who argue that universities did not protect students\u2019 due process rights under the previous Title guidelines. Some stakeholders are concerned these proposed changes would make an already fragmented reporting and sanctioning process more convoluted. Roberts-Hamilton, one of the survivor advocates at UA, said Title investigations \u201ctake way too long,\u201d and students who are found in violation of the university code of conduct for sexual assault are not facing consequences as serious as the actions they perpetrated. One of the most contentious provisions outlined in the proposed changes is the right of an accused student to have the accuser cross-examined. The cross-examination would be conducted by a lawyer or other adviser, and upon request, the parties could be in separate rooms while the cross-examination is completed with the use of technology. Anybody who is accused of sexual misconduct is entitled to due process rights, Elise Lopez, director of the Gender-Based Violence Consortium, said. However, setting up systems that have already proven to re-traumatize victims could lead to less people wanting to 3/1/25, 9:59 Writing | Prove It Project 41/50 report, \u201cespecially if they feel like they\u2019re going to be treated like they are lying or like they\u2019re complicit in their own sexual assault or that they\u2019re going to be aggressively questioned in a live cross examination,\u201d she said. \u201cIt\u2019s essentially setting up a quasi criminal justice system on college campuses,\u201d Lopez said. Ron Wilson, UA\u2019s new Title director, said in an email he plans to ensure a safe educational environment for all students \u201cif or when\u201d new Title policy is implemented by the courts or Department of Education want to focus on what we know we have to do, and what we know we can do, and what we know we should do, regardless of what Washington D.C. thinks,\u201d Wilson said in an interview. \u201cAnd I\u2019m confident that with the level of student involvement and concern and interest that we\u2019re seeing here now, we\u2019re going to get there.\u201d Colleges could also opt to use a higher standard of proof under the proposed changes. Instead of using \u201cpreponderance of the evidence\u201d standard, which means it is more likely than not that misconduct occurred, colleges could use the \u201cclear and convincing\u201d standard, which is a more difficult threshold to prove with evidence would disagree with using a higher standard of proof,\u201d Lopez said. \u201cSomebody being suspended or expelled from campus for a conduct code violation think has lesser implications than somebody getting a criminal record and going to jail or prison.\u201d Colleges would also only be held accountable under Title for investigating sexual misconduct complaints that occurred on-campus or during a school-sponsored activity. This is problematic and \u201cwill definitely be harmful to people\u201d because the majority of sexual assaults at large universities happen off- campus, Lopez said. The proposed changes do not clarify if Title would cover sexual assaults that happened to students while studying abroad, which is a university-sanctioned activity outside the U.S., either, Lopez said. 3/1/25, 9:59 Writing | Prove It Project 42/50 \u201cSo it complicates and muddies what\u2019s going to actually count,\u201d she said. \u201cAnd it doesn\u2019t mean that institutions can\u2019t do anything about sexual assault that happens off campus or outside of the U.S., but what it means is that if they \u2013 if an institution does a bad job of handling those \u2013 they\u2019re not in violation of the student\u2019s civil rights under Title IX.\u201d If a student were to report a sexual assault that happened outside of campus boundaries or outside of university-sponsored activities, the university would not have to investigate it under Title IX, but they should, Lopez said. The university wouldn\u2019t be expected to conduct \u201ca civil rights-quality of investigation,\u201d according to Lopez. \u201cAnd you know, we like to think that institutions would do the right thing, but historically we haven\u2019t always seen that happen,\u201d she said. The student who accused former professor Nathan Stupiansky of rape said she does not support DeVos\u2019 proposed changes for a few reasons. She said investigating reports of off-campus assault, especially in the contexts such as her report involving a faculty member, is \u201cstill so relevant to protecting community.\u201d \u201cHow could they not have an ethical obligation to look at that, or a legal obligation to look at that?\u201d she said. \u201cThat\u2019s crazy to me.\u201d The proposed changes, if passed, would be codified into law, not only as guidelines like the Obama-era recommendations, so the Title office would have to adhere to them. Wilson said he doesn\u2019t want the potential changes coming from the Department of Education to be the driving force behind how the school handles misconduct reports. \u201cRegardless of what they say out of Washington D.C., you\u2019re a student, and don\u2019t care whether you\u2019re here on main campus or if you\u2019re in Paris, if something happens to you want to know about it and want to make sure that you get all the help that is available,\u201d Wilson said. Colleges could also opt to employ an \u201cinformal resolution process, such as mediation, that does not involve a full investigation and adjudication,\u201d at any time if both parties voluntarily agree to it, according to the proposed changes. 3/1/25, 9:59 Writing | Prove It Project 43/50 Informal processes could mean mediation between students, restorative justice or other methods of resolution. Anderson Wadley said resolution and healing processes for survivors are not \u201cone-size-fits-all,\u201d so universities should be exploring alternative methods of what justice looks like to different students. Roberts-Hamilton said she has met with students who want mediation, and sometimes \u201cjustice to them doesn\u2019t look punitive,\u201d but we don\u2019t have a model for that on campus. Mediation is not the best solution for all survivors, she said, but having the option \u201cwould more holistically support many survivors on campus.\u201d \u201cThere are models like that,\u201d Roberts-Hamilton said. \u201cThere are lots of ways that conversations can be facilitated in healthy ways that support survivors and prep perpetrators to be accountable. It is not a long- shot; that is not a wild dream.\u201d Lopez said she thinks \u201cmediation is wholly inappropriate for sexual assault\u201d because it is premised on the idea that there is a compromise to be made and dispute to resolve. \u201cSexual assault is not a dispute,\u201d she said. \u201cYou have a person who was clearly harmed and a person who clearly committed that harm and you don\u2019t want to come to a compromise. You want to come to an agreement about how that responsible person might readdress or repair that harm.\u201d However, Lopez said there is a difference between mediation and restorative justice, and the ladder has the potential to \u201csafely and effectively\u201d handle some cases of sexual assault if there are mechanisms in place to hold the parties accountable. \u201cAnd it can only be used with people who are willing to take responsibility for the harm they committed,\u201d she said. \u201cRestorative justice is different than mediation. Restorative justice is premised on the idea that when somebody commits a harm, they\u2019re responsible for repairing it to the extent possible, and it\u2019s voluntary, so it\u2019s not adversarial where we\u2019re concerned with fact finding and determination of guilt. And so think that Title needs to be more clear about the language it\u2019s using.\u201d 3/1/25, 9:59 Writing | Prove It Project 44/50 To adopt informal resolution policies, Lopez said schools need to ensure they are not forced on all students looking to file a report, and facilitated by somebody who\u2019s trained in restorative justice and in the dynamics of sexual assault and intimate violence. \u201cIt can\u2019t be just, we facilitate a dialogue between these two people and then somebody gets off the hook for what they did,\u201d she said. DeVos and supporters of the proposed changes claim the measures will strengthen due process and consistency at universities after the Obama-era guidelines weakened the presumption of innocence until proven guilty for accused students. \u201cAs educational institutions, we have a responsibility to provide equity to all students, whether they\u2019re a complainant or a respondent,\u201d Lopez said. \u201cSo what that means for us is how can we create an experience for respondents that respects their constitutional rights, that respects their educational rights, that is an educational process? And that if they\u2019re found responsible, how do we put it within our educational mission to give them sanctions that are educational and therapeutic and will keep them from harming somebody else in the future Services, a Maryland non-profit that says it works \u201cfor policy reform to protect all victims, support due process, and stop false allegations,\u201d released an open letter of support for the proposed changes signed by nearly 300 professors or lawyers. Two employees signed this letter as well as one Tucson lawyer. Daniel Asia, a professor of music, and Dave Seng, a lecturer in the school of information, and Tucson attorney Steven Sherick signed the open letter that states, \u201cfalse allegations of sexual assault dissipate scarce resources and undermine the credibility of victims.\u201d Many peer-reviewed research studies place the rate of false sexual assault reports in the range of 2% to 8 Services\u2019 website propagates that up to 90% of rape reports made to police can be false, but that statistic originated in a study that has since been deemed untrustworthy because the majority of its sources were not credible and \u201cbased on unscrutinized police classifications,\u201d according to an analysis of sexual assault research studies. 3/1/25, 9:59 Writing | Prove It Project 45/50 Sherick is the defense lawyer representing student and Sigma Alpha Mu fraternity member, David Lipan, against a 2017 rape allegation made by another student. The window for the public to submit comments to the Department of Education about the proposed changes closed on Feb. 15. Other universities try to find more effective prevention and resolution methods Other universities in the U.S. have started to test new ways of handling sexual assault reports, improve student resources and increase risk mitigation in Greek life organizations. After sophomore Timothy Piazza died from aggressive hazing while pledging the Beta Theta Pi fraternity at Pennsylvania State University, the college announced they would be launching a \u201ccomprehensive set of reforms aimed at curbing dangerous drinking, hazing, sexual assault and other negative behaviors,\u201d as well as the Timothy J. Piazza Center for Fraternity and Sorority Research and Reform. The University of California, Berkeley, has the to Care Center, which provides a wide variety of free resources for sexual assault survivors, including immediate housing relocation, accompanying students to medical exams or hospital emergency rooms, assistance with changing class schedules or managing assignment extensions, assistance initiating a police or university report, and help developing a \u201csafety plan\u201d based on the student\u2019s specific needs. The University of Michigan finalized an informal resolution policy this spring, which includes several forms of restorative justice, according to Lopez think they\u2019ve started a really great model that could be picked up by other institutions,\u201d she said. \u201cThey\u2019re sort of leading the way in that area.\u201d Harvard University has also been commended for its changes to sexual assault practices. The university\u2019s 2016-17 Title report noted that it decreased the average length of its Office for Dispute Resolution\u2019s investigations by half a month and added more staff members to that office. 3/1/25, 9:59 Writing | Prove It Project 46/50 From fiscal year 2017 to fiscal year 2018, local Title coordinators or the Title office saw a 56% increase in the number of disclosures of potential sexual and gender-based harassment, according to Harvard\u2019s most recent report. In the U.S., 197 Title investigations of colleges for possibly mishandling reports of sexual violence have been resolved and 305 remain open, according to a database by The Chronicle of Higher Education. Students can find more information about contacting UA\u2019s survivor advocates on their website, or can refer themselves or another student to the advocates through an online form. According to the perspective of the woman who accused Stupiansky of drug-facilitated rape, an ideal system for dealing with sexual misconduct reports would be to first immediately remove the person accused from campus. She also said all investigators of accusations need to be trauma-informed. While she was working with internal investigators at UA, she said it felt like not everyone understood the nuances of experiencing a sexual assault. \u201cThe bottom line is just, people want accountability,\u201d she said. \u201cWhen there\u2019s just the systemic pressure to silence voices and not hold someone accountable, you\u2019re not going to see any change no matter what they do to change their policies and procedures just still feel like they\u2019re not addressing a lot of the things that had issues with.\u201d 3/1/25, 9:59 Writing | Prove It Project 47/50 The woman said she appreciates the effort to centralize the reporting process with the new Department of Title IX, Equity, and Inclusion (DEI), but she\u2019s \u201cnot convinced the response is going to be any better.\u201d \u201cThe Arizona Wildcat Family\u201d bronze statue is on the Mall in the Alumni Plaza. Photo by Jessica Suriano. She decided to move out of Tucson to complete her degree program, and she said the once-positive experience she had at the is nothing more than a memory. 3/1/25, 9:59 Writing | Prove It Project 48/50 It is approximately one year and seven months since she filed her complaint against the former professor, and she said her feelings could be summarized as \u201ccompletely let down just loved being in Tucson and loved being at the school, and this ruined everything for me,\u201d she said couldn\u2019t get out fast enough, and just cannot wait to finish my degree because I\u2019m so frustrated with the school.\u201d She\u2019s tried to communicate to the university how the reporting process could improve. She said change boils down to a few basic elements that students want from their institutions. \u201cIdeally, there\u2019d be accountability, transparency, and they would actually take steps to change a lot of the issues they know that they have \u2013 because told them,\u201d she said. -30- Published April 23, 2019 theproveitproject.com \u00a9 Jessica Suriano 2019 jessicasuriano.com 3/1/25, 9:59 Writing | Prove It Project 49/50 j 3/1/25, 9:59 Writing | Prove It Project 50/50", "9084_103.pdf": "SBM-0115-282 30 2, 2016 Washington 37TH 37TH 30 2, 2016 2 Washington Welcome Letter.......................................................................2 President\u2019s Message................................................................3 Conference Registration Information........................................4 Conference Hotel Information...................................................5 Washington Hilton Hotel Map............................................6 Conference Host City Information.............................................7 Visitor Deals.....................................................................7 Scientific Program Information.................................................8 Overview..........................................................................8 Continuing Education........................................................9 Session Types.................................................................10 Mobile App.....................................................................11 Join the Conversation on Social Media #SBM2016...........11 Conference Schedule.............................................................12 Meeting at a Glance........................................................13 Wednesday, March 30, 2016...........................................14 Thursday, March 31, 2016 .............................................29 Friday, April 1, 2016 .......................................................31 Saturday, April 2, 2016 ..................................................33 Conference Special Features .................................................35 Awards....................................................................... Exhibitors................................................................35 Name Badges and Ribbons ....................................35 Resource Booth..............................................36 Job Openings Board................................................36 Business Meeting....................................................36 Poster Mentoring Program......................................36 Volunteering............................................................36 Information....................................................................37 Board of Directors...................................................37 Planning Committees..............................................38 Staff...............................................................39 Past Presidents.......................................................39 Special Interest Groups (SIGs) ................................40 Contact Information.................................................44 Future Annual Meetings..........................................44 We are delighted to extend an invitation for you to attend the 37th Annual Meeting & Scientific Sessions of the Society of Behavioral Medicine (SBM) to be held in Washington, DC, from March 30 to April 2, 2016. The meeting will convene at the Washington Hilton, conveniently located in the vibrant Dupont Circle neighborhood, providing easy access to premier dining, entertainment, and shopping. The 2016 Annual Meeting programming will feature the theme \u201cBehavioral Medicine at a Crossroads: 21st Century Challenges and Solutions.\u201d The meeting will focus on the following cross- cutting subthemes: \u2022 Innovative behavioral interventions that prevent disease and alter its natural progression. \u2022 Translation of behavioral medicine research into practice. \u2022 New ideas for funding health improvement research and evidence-based interventions. \u2022 Expanding behavioral medicine\u2019s reach. The 2016 meeting also features a new poster session focused on \u201cnull results.\u201d This is a unique opportunity to learn from colleagues about studies that didn\u2019t go as planned\u2014either in execution or in the testing of hypotheses. Our hope is that these conversations push behavioral medicine to innovate even more. Washington, DC, is the perfect location to highlight the significant impact that behavioral medicine has on health and health care across settings and populations. Our invited speakers will represent the diversity of our members\u2019 expertise and interests. Thematic areas represented in the talks will include health in all policies; healthy eating; active living; adolescent and child health; health disparities; and cancer. Washington, DC, with its rich history and nexus for health care policy in the United States provides the ideal home for the 2016 Annual Meeting. We urge you and your colleagues to attend the Annual Meeting and share your most compelling research. Please check the website regularly to receive program updates and information about submission procedures and deadlines, as well as things to see and do in Washington, DC. See you there! Sincerely, Kathleen Wolin, ScD David X. Marquez, PhD Program Chair Program Co-Chair 30 2, 2016 3 Washington 37TH Thank you for your interest in the Society of Behavioral Medicine\u2019s (SBM\u2019s) 37th Annual Meeting & Scientific Sessions! We have a stellar lineup of plenary presentations, arranged around a theme that could not be timelier: \u201cBehavioral Medicine at a Crossroads: 21st Century Challenges and Solutions.\u201d Meeting sessions will examine drivers of change (e.g., health care reform, technological advancements, funding landscape changes) and the opportunities those changes create (e.g., expanded access to health care, use of digital tools to impact health, partnerships with channels that were traditionally \u201cnot health\u201d). The meeting will broaden how you think about your research, your career, and the translation of behavioral medicine evidence. \u2022 Opening keynote presenter Sean Duffy and co-founder of Omada Health, will share results from Omada Health\u2019s online diabetes prevention program, which is based on the national Diabetes Prevention Program and engages patients in 16 weeks of interactive sessions. \u2022 Keynote presenter Jeanette Betancourt, EdD, senior vice president of community and family engagement for Sesame Workshop, will explain how Sesame Street programming is specially designed to teach children and families about healthy lifestyle habits. \u2022 Keynote presenter Jody Heymann, MD, PhD, dean of UCLA\u2019s School of Public Health, will discuss bridging the gap between research and policymakers by translating research into policies and programs that improve individual and population health worldwide. \u2022 Keynote presenter Andrew Hoffman, PhD, will speak about why academics must make themselves heard in public and political spheres. He will explain how academics can take part in debates where their expert knowledge can inspire action and help society make wise choices. \u2022 Master Lecturer Michael Goldstein, MD, recipient of SBM\u2019s Jessie Gruman Award for Health Engagement, will speak about clinician-patient communication, especially interventions that enhance clinician delivery of health behavior counseling and health engagement. \u2022 Master lecturer Jessica Donze Black, RD, MPH, director of the Kids\u2019 Safe and Healthful Foods Project, will discuss the past, present, and future of school nutrition research and policy. She will highlight in the role of school nutrition in children\u2019s overall health and well-being. \u2022 Master lecturer Susan Murphy, PhD, H.E. Robbins Distinguished Professor at the University of Michigan, will talk about the use of micro-randomized trials for developing mobile behavioral interventions. \u2022 Master lecturer Catherine Alfano, PhD, vice president of survivorship for the American Cancer Society, will discuss processes for bringing players from all spaces together to make sure evidence-based solutions are used to solve the myriad health problems cancer survivors face. As always, we will be recognizing award winners immediately prior to my Thursday evening presidential address will be talking about changes that put behavioral scientists at a crossroads, where many need to forge new research and career directions encourage you to join me at these presentations and at another exciting event: For the first time is bringing in the Capitol Steps political satire troupe. The DC-based group will perform at the conference hotel on Thursday night. Come prepared to laugh! Regular tickets cost $45, and student tickets cost $35. Part of the proceeds will help cover Annual Meeting registration fees for student members who perform volunteer service during the meeting. Looking forward to seeing you in DC! Marian L. Fitzgibbon, PhD President 30 2, 2016 4 Washington members also enjoy the following benefits: \u2022 Access to exclusive job postings and funding announcements. \u2022 Subscriptions to the society\u2019s two journals: Annals of Behavioral Medicine and Translational Behavioral Medicine: Practice, Policy, Research. \u2022 Access to three additional behavioral medicine journals: Journal of Behavioral Medicine, International Journal of Behavioral Medicine, and Journal of Behavioral Health Services and Research. \u2022 Free membership in one or more of SBM\u2019s 23 different special interest groups (SIGs). Through the use of email listservs and occasional meetings, the SIGs allow members to connect with others who share their behavioral medicine interests. \u2022 Eligibility for achievement awards. \u2022 Eligibility to participate in elections. \u2022 Membership in the International Society of Behavioral Medicine. \u2022 Access to SBM\u2019s Expert Consultation Program. \u2022 Access to SBM\u2019s searchable Membership Directory. \u2022 Opportunities to interact with leading specialists in behavioral medicine is large enough to have impact, but small enough to make your membership experience personal and rewarding. Membership applications and renewal forms can be found at Any registration cancellations must be due to professional and/ or personal/family health emergencies and must be made in writing directly to the national office by March 30, 2016. All cancellations are subject to a non-refundable $50 administrative fee. Refunds will be processed following the Annual Meeting Your attendance at events implies your permission for images and audio/visual recordings captured during these events to be used for purposes of archival materials, promotional materials, and publications, and waives your rights for compensation or ownership of these images If you require special arrangements in order to fully participate in the 37th Annual Meeting & Scientific Sessions, please check the appropriate box on your registration form and provide a written description of your specific needs cannot ensure the availability of appropriate accommodations without prior notification Register online until 11:59 p.m. on Tuesday, March 22, 2016, by visiting Wednesday, March 30, 2016 7 a.m. \u2013 7 p.m. Thursday, March 31, 2016 7 a.m. \u2013 7 p.m. Friday, April 1, 2016 7 a.m. \u2013 7 p.m. Saturday, April 2, 2016 7 a.m. \u2013 11 a.m Fees can be paid by credit card or check. The base Annual Meeting registration fee includes admittance to all educational sessions that do not require a ticket. Tickets are required for courses, workshops, and seminars on Tuesday and Wednesday. Those sessions\u2019 ticket fees are indicated on the registration form. Member Type Early-Bird Rate, Available Until 11:59 p.m on Monday, February 29, 2016 Regular Rate, Effective Starting Tuesday, March 1, 2016 Members Full/Associate/ Emeritus/Fellow $375 $425 Transitional $310 $360 Student/Trainee $165 $215 Non-Members Non-Member $695 $745 Non-Member Student/ Trainee $340 $390 One-Day One-Day Registration $345 $395 Attend the Annual Meeting as an member and enjoy savings: \u2022 Student/trainee members can save up to $175 compared to non-members! \u2022 Transitional members can save up to $385 compared to non-members! \u2022 Full, emeritus, fellow, and associate members can save up to $320 compared to non-members 30 2, 2016 5 Washington 37TH The meeting venue and main hotel for attendees of the 37th Annual Meeting & Scientific Sessions is the Washington Hilton: 1919 Connecticut Avenue Washington, DC, 20009 To reserve a room, visit or call (202) 483-3000 Ask for a room in the 2016 Annual Meeting & Scientific Sessions room block to get a discounted room rate of $297.70 (including state and local taxes, fees, and assessments). Only a limited number of rooms are available at the discounted conference rate, so book early! Once the conference rooms are sold out will not be able to offer additional rooms at the conference rate. If you are a government employee and need a government rate room, please contact the national office at (414) 918-3156 to be placed on the government rate wait list 30 2, 2016 6 Washington 30 2, 2016 7 Washington 37TH Want to figure out what to see and do in Washington, DC, when you're not attending Annual Meeting sessions? Then check out Destination DC's website at Need to know how to get around the city? Find information on how to use the Metro public transportation system at and plan your Metro travel using this handy website: tripplanner_form_solo.cfm Destination partners with Washington DC, businesses to offer discounts and special offers to visitors in the city for meetings. To take advantage, you need only show your Annual Meeting badge. Through the Show Your Badge program, meeting attendees can receive complimentary appetizers, discounted meals, free desserts, half-off admissions, and more at about 60 establishments. Visit to see what Show Your Badge offers are currently available 30 2, 2016 8 Washington The 37th Annual Meeting & Scientific Sessions theme, \u201cBehavioral Medicine at a Crossroads: 21st Century Challenges and Solutions,\u201d focuses on recent changes in the field. Meeting sessions will demonstrate how attendees can adapt to ensure behavioral medicine research continues being translated into effective, evidence-based interventions that lead to the prevention, diagnosis, and treatment of diseases. The meeting will examine drivers of change (e.g., health care reform, technological advancements, funding landscape changes) and the opportunities those changes create (e.g., expanded access to health care, use of digital tools to impact health, partnerships with channels that were traditionally \u201cnot health\u201d). The meeting will broaden how attendees think about their research, their careers, and the translation of behavioral medicine evidence. Invited speakers will address the following cross-cutting subthemes, which align with the diverse interests and expertise of the membership: innovative behavioral interventions that prevent disease and alter its natural progression; translation of behavioral medicine research into practice and policy; new ideas for funding health promotion research and evidence-based interventions; and expanding behavioral medicine\u2019s reach so more people can live longer, healthier lives. In addition, abstract submissions will address the latest information related to cardiovascular health, obesity, cancer, precision medicine, aging, population health, intervention dissemination and implementation, health policy, grant writing, mentoring, career development, and more. During the abstract submission process, submitters select one track and one content area that best capture their research topics. The breadth of tracks and content areas ensure that, as a whole, the conference meets the learning needs of multidisciplinary attendees \u2022 Adherence \u2022 Behavioral medicine in clinical and medical settings \u2022 Biological mechanisms in health and behavior change \u2022 Complementary and integrative medicine \u2022 Environmental and contextual factors in health and behavior change \u2022 Health communication and technology \u2022 Health decision making \u2022 Health promotion \u2022 Measurement and methods \u2022 Population health, policy, and advocacy \u2022 Psychological and person factors in health and behavior change \u2022 Quality of life \u2022 Racial, ethnic, and cultural factors in health \u2022 Spirituality \u2022 Translation of research to practice \u2022 Cancer \u2022 Cardiovascular \u2022 Child/Adolescent health \u2022 Complementary and integrative medicine \u2022 Descision making \u2022 Diabetes \u2022 Education, training, and/or career development \u2022 Methods \u2022 Mental health \u2022 Nutrition \u2022 Obesity \u2022 Occupational health \u2022 Other \u2022 Pain \u2022 Physical activity \u2022 Pregnancy \u2022 Primary care \u2022 Risk and decision making \u2022 Sexual behaviors \u2022 Sleep \u2022 Smoking/tobacco \u2022 Spirituality \u2022 Stress \u2022 Substance abuse \u2022 Transplant SBM\u2019s Annual Meeting represents the largest annual scientific conference\u2014with more than 1,500 attendees\u2014devoted exclusively to behavioral medicine. The Annual Meeting offers a multidisciplinary forum for psychologists, physicians, nurses, nurse practitioners, health education specialists, registered dieticians, and other professionals with a range of expertise from research in health promotion, disease prevention, risk factor identification and modification, disease progression, adjustment and adaptation to physical disorders, rehabilitation, and diffusion and dissemination 30 2, 2016 9 Washington 37TH Most 2016 Annual Meeting sessions are eligible for continuing education credit. Conference attendees who wish to receive continuing education credits and a continuing education certificate of attendance at the 2016 Annual Meeting must: \u2022 Purchase continuing education credits, either using the 2016 Annual Meeting registration form or in person at the registration desk. The purchase price is $80 per credit type for members and $100 per credit type for non- members. \u2022 Complete an online evaluation within 30 days of the Annual Meeting (by Monday, May 2, 2016). Registration packets distributed on site will include a link to the evaluation website national office staff will also email the link to attendees. On the evaluation website, attendees will find a general meeting evaluation as well as session-specific evaluations; both types of evaluations must be completed in order to receive continuing education credit. Each session- specific evaluation asks questions pertaining to the session, so it may be helpful to take notes during the session. Be sure to attend each session in its entirety as the session evaluation will include an attestation statement indicating attendance for the entire session. Immediately after attendees complete the online evaluation, continuing education certificates will be emailed to the address they indicated on the evaluation. Alternately, attendees can print their own certificates from the screen that appears immediately following completion of the online evaluation traditionally offers the following credit types: \u2022 Certified Health Education Specialists (CHES) \u2022 Dietitians \u2022 Nurses and Nurse Practitioners \u2022 Physicians \u2022 Psychologists \u2022 Public Health Professionals 37th Annual Meeting & Scientific Session attendees can be expected to gain the following skills, in seven key areas \u2022 Describe and demonstrate how social and behavioral research can inform and improve comprehensive, evidence- based practice in addiction, tobacco control planning, and tobacco control policies. \u2022 Describe ongoing research efforts wherein social and behavioral science principles have or continue to inform implementation of the 2009 Family Smoking Prevention and Tobacco Control Act. \u2022 Present research demonstrating how clinical tobacco cessation services can be expanded to incorporate theory- driven behavioral interventions. \u2022 Showcase research efforts leveraging new media and emerging information technologies to educate people about the risks of smoking and to encourage people to quit. \u2022 Identify new tools for supporting smoking cessation and maintenance. \u2022 Describe emerging tobacco products, and understand the regulatory environment and impact on smoking behavior \u2022 Describe social and behavioral science research aimed at evaluating efforts to increase access to healthy and affordable foods in communities. \u2022 Present effective strategies for screening patients for obesity, counseling patients to prevent and treat obesity, and referring patients to appropriate resources for obesity treatment. \u2022 Showcase social and behavioral research efforts to evaluate the impact of organizational and programmatic nutrition standards and policies on health behavior and health outcomes. \u2022 Present social and behavioral research around interventions that promote healthy eating. \u2022 Describe social science contributions to designing, leveraging, and evaluating efforts to increase physical activity in communities, workplaces, schools, and childcare facilities. \u2022 Identify new technologies and media for assessing and encouraging physical activity levels and healthy eating 30 2, 2016 10 Washington \u2022 Describe how social and behavioral research leveraging the Internet and other health information technology can support and evaluate behavior change interventions to improve population health. \u2022 Identify and describe how emerging technologies and technology platforms can be leveraged to develop, implement, and evaluate technology-based social and behavioral interventions. \u2022 Increase the understanding of how behavioral and social scientists can partner with the technology industry to develop and evaluate evidence-based behavioral change interventions to improve population health \u2022 List examples of evidence-based therapies that are currently not being widely implemented in clinical practice. \u2022 Identify strategies for enhancing training programs to encourage clinicians to adopt new evidence-based therapies. \u2022 Describe models of effective knowledge translation in the clinical setting \u2022 Describe how basic behavioral principles and behavioral science evidence can be applied to efforts to improve public adoption of clinical preventive services. \u2022 Provide examples of how behavioral science can be applied to strengthen and inform delivery of behavioral clinical preventive services including cancer screening, tobacco screening, and screening for cardiovascular disease. \u2022 Describe the potential role of social and behavioral science in evaluating efforts to link community-based and clinical preventive services. \u2022 Identify common barriers to accessing clinical preventive services, especially among at-risk populations \u2022 Describe how behavioral and social science principles and research can be applied to strengthen the social environment and to support healthy behavior and improve population health. \u2022 Identify successful applications of social and behavioral science to efforts to modify physical and social environments to support health behavior. \u2022 Describe characteristics of environments that promote healthy behavior and support healthy populations \u2022 Describe the health policy making process at multiple levels. \u2022 List opportunities for productive engagement among decision makers, policymakers, and researchers. \u2022 Identify effective methods for conveying scientific evidence to policymakers in ways that enhance understanding and use SBM\u2019s 37th Annual Meeting & Scientific Sessions offers educational sessions at the following instructional levels: beginner, beginner/ intermediate, intermediate, intermediate/advanced, and advanced. The meeting also offers educational sessions in a variety of formats Breakfast roundtables are held on Thursday and Friday morning and last 45 minutes. They are interactive meetings with discussion centered on topics of interest to a specific portion of the meeting audience or to an special interest group (SIG), council, or comittee complimentary continental breakfast is provided. Admission to these sessions is by name badge Courses and workshops are held on Tuesday and Wednesday, the Annual Meeting\u2019s \u201cpre-conference\u201d days. These sessions typically last a half day and feature numerous speakers focused on a specific topic. Admission to courses and workshops is by paid ticket only and seating is limited Midday meetings are interactive meetings sponsored by one of SBM\u2019s various SIGs, councils, or committees. Midday meetings are held on Thursday and Friday and last 60 minutes. Admission to these sessions is by name badge These 60-minute sessions are held on Thursday and Friday and focus on specific topics with various viewpoints expressed by a panel of experts. Admission to these sessions is by name badge Paper sessions range from 60 to 90 minutes and are offered on Thursday, Friday, and Saturday. Midday sessions are typically 60 minutes while afternoon sessions tend to run 90 minutes. They are based on accepted abstracts clustered around common themes and presented via oral presentations, each of which is approximately 15 minutes in length. Admission to these sessions is by name badge 30 2, 2016 11 Washington 37TH Plenary sessions\u2014scheduled on Thursday, Friday, and Saturday\u2014 include keynote addresses and master lectures. These sessions are the premier educational sessions of the Annual Meeting. Speakers will present on topics of interest to the overall meeting audience in a didactic or pro-con debate format. Admission to these sessions is by name badge Poster sessions featuring presentations of accepted abstracts take place on each day of the Annual Meeting. Poster sessions allow abstract authors to discuss their research with interested colleagues for 60 minutes in an informal setting. Poster sessions are a great way to see the latest research in the field while socializing with colleagues. Admission to the poster hall is by name badge. Due to continued space constraints, the poster boards will be positioned vertically and the surface area for poster display will be 4 ft wide x 8 ft high (1.2 m wide by 2.4 m high). The exact poster dimensions are up to poster presenters, but staff recommends no higher than 5 ft (1.5 m) for ease of vertical viewing. The poster session schedule will be: Wednesday, March 30 \u2013 Poster Session Authors set up posters 4:15 p.m. \u2013 5:45 p.m. Posters available for viewing 6 p.m. \u2013 7 p.m. Authors present for discussion 6 p.m. \u2013 7 p.m. Authors remove posters 7 p.m. \u2013 7:30 p.m. Thursday, March 31 \u2013 Null Results Poster Session Authors set up posters 10:30am \u2013 11:30am Posters available for viewing 12:00pm \u2013 11:00pm Authors present for discussion 12:00pm \u2013 11:00pm Authors remove posters 1:00pm \u2013 11:30pm Thursday, March 31 \u2013 Poster Session Authors set up posters 4:15 p.m. \u2013 5:45 p.m. Posters available for viewing 6 p.m. \u2013 7 p.m. Authors present for discussion 6 p.m. \u2013 7 p.m. Authors remove po sters 7 p.m. \u2013 7:30 p.m. Friday, April 1 \u2013 Poster Session Authors set up posters 4:15 p.m. \u2013 5:45 p.m. Posters available for viewing 6 p.m. \u2013 7 p.m. Authors present for discussion 6 p.m. \u2013 7 p.m. Authors remove posters 7 p.m. \u2013 7:30 p.m. Saturday, April 2 \u2013 Poster Session Authors set up posters 8:30 a.m. \u2013 10 a.m. Posters available for viewing 10:15 a.m. \u2013 11:15 a.m. Authors present for discussion 10:15 a.m. \u2013 11:15 a.m. Authors remove posters 11:15 a.m. \u2013 11:45 a.m Please be sure to hang posters during the appropriate time. All posters left after the removal time has concluded will be discarded. For the security of vendors located inside the poster hall, there is to be no viewing of posters outside of the established viewing times Seminars are held on Wednesday. They include presentations by approximately three speakers. Speakers emphasize the theory and application of practical skills and interact with participants. Admission is by paid ticket only and seating is limited Use the free 2016 mobile app to browse meeting sessions and mark the ones you want to attend. More details on how to download and use the app will be available in spring 2016 #SBM2016 During the Annual Meeting and all year long shares information and facilitates discussion on Twitter, Facebook, and LinkedIn. Join in today \u2022 Follow on Twitter for the latest announcements and beha.01 \u2022 SBM2016pic. \u2022 You can also follow @sbmpresident, @sbmhealthpolicy, @sbmdigitalhlth, and @sbmdecisions \u2022 Like SBM\u2019s Facebook page to ensure you\u2019re seeing all of our updates and news. \u2022 You can also like pages for our Women\u2019s Health, Student, and Physical Activity SIGs by visiting womenshealthsig, and, \u2022 SBM\u2019s LinkedIn group provides a forum where members can share information and ask for professional advice. \u2022 Continue the discussion from Annual Meeting sessions\u2014and get your additional questions answered\u2014on the LinkedIn group page \u2022 Don\u2019t forget to also check out the SBMConnect blog at \u2022 SBMConnect stimulates timely, provocative discussions about behavioral medicine issues such as the relationship between science and industry, and whether it\u2019s appropriate to use Twitter to disclose medical device information 30 2, 2016 12 Washington Start End Title 30, 2016 7 a.m. 7 p.m. Registration Open 9 a.m. 11:45 a.m. Courses/Seminars/Workshops 12 p.m. 2:45 p.m. Courses/Seminars/Workshops 3:15 p.m. 6 p.m. Courses/Seminars/Workshops 6 p.m. 7 p.m. Poster Session 31, 2016 7 a.m. 7 p.m. Registration Open 7:15 a.m. 8 a.m. Breakfast Roundtables 8:15 a.m. 9:30 a.m. Symposia 9:45 a.m. 10:45 a.m. Keynote 11 a.m. 12 p.m. Panel Discussions/Midday Meetings 11:30 a.m. 1:30 p.m. Exhibiting Hours 12 p.m. 1 p.m. Null Results Poster Session 12:30 p.m. 1:30 p.m. Master Lecture 12:30 p.m. 1:30 p.m. Paper Session 1:45 p.m. 3 p.m. Symposia 3:15 p.m. 4:45 p.m. Paper Sessions 5 p.m. 6 p.m. Keynote 6 p.m. 7 p.m. Poster Session 1, 2016 7 a.m. 7 p.m. Registration Open 7:15 a.m. 8 a.m. Breakfast Roundtables 8:15 a.m. 9:30 a.m. Symposia 9:45 a.m. 10:45 a.m. Keynote 11 a.m. 12 p.m. Panel Discussions/Midday Meetings 11:30 p.m. 1:30 p.m. Exhibiting Hours 11:30 p.m. 1:30 p.m. Master Lecture 12:30 p.m. 1:30 p.m. Paper Session 1:45 p.m. 3 p.m. Symposia 3:15 p.m. 4:45 p.m. Paper Sessions 5 p.m. 6 p.m. Keynote 6 p.m. 7 p.m. Poster Session 2, 2016 7 a.m. 11 a.m. Registration Open 7:30 a.m. 8:30 a.m. Business Meeting 8:45 a.m. 10:00 a.m. Symposia 10:15 a.m. 11:15 a.m. Poster Session D/Exhibit Hall Open 10:15 a.m. 11:15 a.m. Master Lectures 10:15 a.m. 11:15 a.m. Panel Discussions 11:30 a.m. 12:30 p.m. Closing Keynote 30 2, 2016 13 Washington 37TH 30 31 1 2 7:15 a.m. Breakfast Roundtables (7:15 a.m. \u2013 8 a.m.) Breakfast Roundtables (7:15 a.m. \u2013 8 a.m.) 7:30 a.m. Business Meeting (7:30 a.m. \u2013 8:30 a.m.) 8:00 a.m. Symposia (8:15 a.m. \u2013 9:30 a.m.) Symposia (8:15 a.m. \u2013 9:30 a.m.) 8:30 a.m. Symposia (8:45 a.m. \u2013 10:00 a.m.) 9:00 a.m. Courses/Seminars/Workshops (9 a.m. \u2013 11:45 a.m.) 9:30 a.m. Keynote (9:45 a.m. \u2013 10:45 a.m.) Keynote (9:45 a.m. \u2013 10:45 a.m.) 10:00 a.m. Poster Session D/ Exhibit Hall Open (10:15 a.m. \u2013 11:15 a.m.) Master Lectures (10:15 a.m. \u2013 11:15 a.m.) Panel Discussions (10:15 a.m. \u2013 11:15 a.m.) 10:30 a.m. 11:00 a.m. Panel Discussions/Midday Meetings (11 a.m. \u2013 12 p.m.) Panel Discussions/Midday Meetings (11 a.m. \u2013 12 p.m.) 11:30 a.m. Closing Keynote (11:30 a.m. \u2013 12:30 p.m.) 12:00 p.m. Courses/Seminars/Workshops (12 p.m. \u2013 2:45 p.m.) Break (12:00 p.m. \u2013 12:30 p.m.) Exhibiting Hours/Null Results Poster Session Break (12:00 p.m. \u2013 12:30 p.m.) Exhibiting Hours 12:30 p.m. Master Lecture (12:30 p.m. \u2013 1:30 p.m.) Paper Session (12:30 p.m. \u2013 1:30 p.m.) Master Lecture (12:30 p.m. \u2013 1:30 p.m.) Paper Session (12:30 p.m. \u2013 1:30 p.m.) 1:00 p.m. 1:30 p.m. Symposia (1:45 p.m. \u2013 3 p.m.) Symposia (1:45 p.m. \u2013 3 p.m.) 2:00 p.m. 2:30 p.m. 3:00 p.m. Courses/Seminars/Workshops (3:15 p.m. \u2013 6 p.m.) Paper Sessions (3:15 p.m. \u2013 4:45 p.m.) Paper Sessions (3:15 p.m. \u2013 4:45 p.m.) 3:30 p.m. 4:00 p.m. 4:30 p.m. 5:00 p.m. Keynote (5 p.m. \u2013 6 p.m.) Keynote (5 p.m. \u2013 6 p.m.) 5:30 p.m. 6:00 p.m. Poster Session (6 p.m. \u2013 7 p.m.) Poster Session (6 p.m. \u2013 7 p.m.) Poster Session (6 p.m. \u2013 7 p.m.) 6:30 p.m. 7:00 p.m. Capitol Steps (7:15 p.m. \u2013 8:05 p.m 7:30 p.m 8:00 p.m 30 2, 2016 14 Washington Start End Title 31 9:45 a.m. 10:45 a.m. Opening Keynote 12:30 p.m. 1:30 p.m. Master Lecture 5 p.m. 6 p.m. Presidential Keynote 1 9:45 a.m. 10:45 a.m. Keynote 12:30 p.m. 1:30 p.m. Master Lecture 5 p.m. 6 p.m. Keynote 2 10:15 a.m. 11:15 a.m. Master Lecture 11:30 p.m. 12:30 p.m. Closing Keynote 30 2, 2016 15 Washington 37TH 30, 2016 Start End Title 7 a.m. 7 p.m. Registration Open 9 a.m. 6 p.m. Courses/Seminars 6 p.m. 7 p.m. Poster Session A/Exhibit Hall Open 9 a.m. \u2013 11:45 a.m. Course 1: Cancer and Ethnic Minority and Multicultural Health SIGs Course: Let\u2019s Talk about Your Career: What You Need to Know about Grants, Mentorship and Life Balance Lincoln East Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $70; Non-Members: $115 Content area: Education, training, and/or career development Instructional level: Beginner/intermediate Co-Chairs: Lara Traeger, PhD, Harvard Medical School, Boston MA; Felicity Harper, PhD, Barbara Ann Karmanos Cancer Institute, Detroit, MI; Qian Lu, MD, PhD, University of Houston, Houston, TX; Jamilia Sly, PhD, Icahn School of Medicine at Mount Sinai, New York, NY; Shobha Srinivasan, PhD, National Cancer Institute, Bethesda, MD; Cathy Meade, PhD, Moffitt Cancer Center, Tampa Co-Presenters: Shobha Srinivasan, PhD, National Cancer Institute, Bethesda, MD; and Cathy Meade, PhD, Moffitt Cancer Center, Tampa This session comprises three activities focused on early career grant funding, mentorship relationships, and life balance. First, a panel of experts in cancer and ethnic minority & multicultural health research will address key strategies for developing successful grant proposals. Then, we will demonstrate a study section review for two previously-selected proposals. Finally, we will host three roundtables on 1) Mentorship: identifying and utilizing local and distant mentoring relationships, 2) Successful strategies for landing you next position, and 3) Optimizing life balance. Attendees will be able to discuss their questions with diverse clinical research experts; observe the study section process; gain insight into early career considerations; and participate in two roundtables of their choice. 9 a.m. \u2013 11:45 a.m. Course 2: Advanced Design and Conduct of Randomized Behavioral Clinical Trials Lincoln West Full/Associate/Emeritus Members: $75; Student/Trainee or Transitional Members: $45; Non-Members: $90 Content area: Other Instructional level: Intermediate/advanced Chair: Peter G. Kaufmann, PhD, National Heart Lung and Blood Institute, Bethesda Co-Presenters: Lynda H. Powell, PhD, Rush University Medical Center, Chicago, IL; Kenneth Freedland, PhD, Washington University School of Medicine, Saint Louis In this workshop we will discuss several principal challenges in the design of clinical trials. Important targets for multi-level interventions include biological response, social connections, provider behavior, health care system performance, community resources, and the physical environment. Multilevel interventions pose unique challenges for recruitment, randomization, selecting the unit of analysis, and treatment contamination. The results of behavioral intervention trials depend to a considerable extent on the nature of the selected comparators growing empirical literature on the effects of different control groups on behavioral trial outcomes will be discussed. Finally, the outcome of clinical trial depends critically on estimation of a meaningful effect size. Systematic estimation of a Minimal Clinically Important Difference is an important approach with important implications for the interpretation of the effectiveness of the delivered interventions 30 2, 2016 16 Washington 30, 2016 9 a.m. \u2013 11:45 a.m. Course 3: Health Policy Committee Course: Making a Greater Impact: How You can Advocate for Health Policy Change Georgetown East Full/Associate/Emeritus Members: $75; Student/Trainee or Transitional Members: $45; Non-Members: $90 Content area: Other Instructional level: Beginner/intermediate Chair: Joanna Buscemi, PhD, University of Illinois at Chicago, Chicago The Society of Behavioral Medicine\u2019s Health Policy Committee (HPC) develops health policy briefs on important issues in public health which align with SBM\u2019s mission. The encourages members to develop ideas for health policy briefs and to submit proposals for briefs to the committee. The purpose of the preconference workshop is to provide members with background regarding the role of the HPC, to describe how briefs are developed and then disseminated including engaging partners who will endorse the briefs, and to give members some hands on training in crafting their own health policy brief. Attendees will be asked to come to the workshop with an idea for a health policy brief, and we will work with members to help refine their ideas to draft an effective and impactful health policy brief. We will close with discussion on how health policy briefs are presented to legislative aides on Capitol Hill, and how the development and dissemination of the briefs are an important part of advocacy. 12 p.m. \u2013 2:45 p.m. Course 4: Optimization of Behavioral Interventions Course: Introduction to the Multiphase Optimization Strategy (MOST) for Building More Effective, Efficient, Economical, and Scalable Behavioral and Biobehavioral Interventions Lincoln West Full/Associate/Emeritus Members: $108; Student/Trainee or Transitional Members: $78; Non-Members: $123 Content area: Methods Instructional level: Beginner/intermediate Chair: Linda M. Collins, PhD, Pennsylvania State University, State College Presenter: Linda M. Collins, PhD, Pennsylvania State University, State College \u201cThe majority of behavioral and biobehavioral interventions in use today have been evaluated as a treatment package using a two-arm randomized controlled trial (RCT). This approach is an excellent way to determine whether an intervention is effective. However, the treatment package approach is less helpful in providing empirical information that can be used to optimize the intervention to achieve improved effectiveness while maintaining a desired level of efficiency, economy, and/or scalability. In this seminar an innovative methodological framework for optimizing behavioral interventions, the multiphase optimization strategy (MOST), will be presented is based on ideas inspired by engineering methods, which stress careful management of research resources and ongoing improvement of products is a comprehensive strategy that includes three phases: preparation, optimization, and evaluation can be used to build a new intervention or to improve an existing intervention. Using it is possible to engineer an intervention targeting a particular effect size, level of cost-effectiveness, or any other criterion. This seminar will provide an introduction to MOST. Ongoing intervention development studies using the approach will be used as illustrative examples substantial amount of time will be devoted to experimental design, which is an important tool in MOST. In particular, factorial experiments and fractional factorial experiments will be discussed. Time will be reserved for open discussion of how the concepts presented can be applied in the research of seminar attendees. Attendees will be given a handout with the Power Point slides and a list of articles containing additional information 30 2, 2016 17 Washington 37TH 30, 2016 3:15 p.m. \u2013 6 p.m. Course 5: Cancer Course: Precision Behavioral Medicine in Cancer: Personalization across the Cancer Care Continuum Lincoln East Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $70; Non-Members: $115 Content area: Cancer Instructional level: Intermediate/advanced Co-Chairs: Kristi Graves, PhD, Georgetown University, Washington, DC; and Catherine Alfano, PhD, American Cancer Society, Inc., Rockville Co-Presenters: Catherine Alfano, PhD, American Cancer Society, Inc., Rockville, MD; Catharine Wang, PhD, Boston University School of Public Health, Boston, MA; and Roxanne Jensen, PhD, Georgetown University, Washington The purpose of the course is to define and discuss \u2018Precision Medicine\u2019 in terms of personalized cancer care for individuals at risk, diagnosed with and surviving cancer. Speakers will describe the current context of personalized cancer care in terms of genomics, lifestyle, culture, patient- reported outcomes and health literacy. Speakers will identify different approaches to precision cancer medicine so that we understand what it is and how to best assess and implement precision medicine in behavioral medicine interventions, research and clinical settings. Speakers and the discussant will identify knowledge gaps and specific research recommendations for future work to improve research, interventions and clinical care for all cancer patients and survivors. Topics will be relevant for other common chronic diseases and patients of varying ages. 3:15 p.m. \u2013 6 p.m. Course 6: Evidence-Based Behavioral Medicine SIG, Scientific and Professional Liaison Council, Cancer and Theories and Techniques of Behavioral Medicine SIGs Course: Network Meta-Analysis for Behavioral Trials: An Introduction and Overview Lincoln West Full/Associate/Emeritus Members: $75; Student/Trainee or Transitional Members: $45; Non-Members: $90 Content area: Methods Instructional level: Intermediate/advanced Chair: Tianjing Li, MD, MHS, PhD Cochrane Center, Baltimore Results from conventional pair-wise meta-analyses, while helpful in synthesizing and evaluating results from clinical trials, may make it difficult to determine which intervention is most effective among all available options. Network meta-analysis is a new and growing statistical approach that addresses the limitations of traditional pair-wise meta-analytic techniques. This approach allows for the synthesis of data from both direct and indirect comparisons and the ranking of interventions in order of efficacy. Participants will receive an introduction to indirect comparison and network meta-analysis and learn about how and when these approaches should be used. The workshop will also include hands-on activities tailored to the participants\u2019 interests in learning about presenting and communicating findings and/or programming for a network meta-analysis. 3:15 p.m. \u2013 6 p.m. Course 7: Integrated Primary Care and Military and Veterans Health SIGs Course: Emerging Population-Based Approaches to Integrated Primary Care Columbia 9 Full/Associate/Emeritus Members: $108; Student/Trainee or Transitional Members: $78; Non-Members: $123 Content area: Other Instructional level: Intermediate Chair: James E. Aikens, PhD, University of Michigan, Ann Arbor Co-Presenters: Christopher L. Hunter, PhD, ABPP, Defense Health Headquarters, Falls Church, VA; Rodger Kessler PhD, ABPP, University of Vermont 30 2, 2016 18 Washington 30, 2016 College of Medicine, Burlington, VT; and Margaret Dundon, PhD National Center for Health, Buffalo This preconference course features three internationally renowned speakers who will discuss cutting-edge population-based approaches to transform integrated behavioral health in primary care. This field has evolved beyond simple models focused on individual patient visits; the entire empanelment of a primary care clinic must be targeted to produce real change in healthcare delivery and population health. However, existing evidence-based clinical interventions are often applied ineffectively or not at all. The first segment of the course will cover the \u201cClinical Pathways\u201d approach to help ensure that integrated primary care behavioral health providers (BHPs) apply evidence-based interventions. It will include coverage of tools for eight common clinical issues: diabetes, obesity, pain, insomnia, tobacco use, alcohol misuse, anxiety, and depression. The next segment will concern the innovative \u201cTriple Aims Model\u201d of value-based, sustainable behavioral health services in Patient Centered Medical Homes (per Kathol, DeGruy, & Rollman, 2014). It will also use type 2 diabetes risk as an example to focus upon model implementation using electronic health data. The final segment will cover the Veterans Administration\u2019s national-level integration of health promotion and disease prevention into Patient Aligned Care Teams (PACTs). This model revolves around \u201cHealth Behavior Coordinators\u201d (HBCs), who not only support clinicians but also develop and implement multi-level strategies for reducing risky behaviors, adopting healthy behaviors, and obtaining preventive care. 12 p.m. \u2013 6 p.m. Course 8: Ethnic Minority and Multicultural Health Course: Unchanging Paradigms: The Static Condition of Reducing Health Inequities Georgetown East Full/Associate/Emeritus Members: $95; Student/Trainee or Transitional Members: $57; Non-Members: $115 Content area: Other Instructional level: Beginner/intermediate Co-Chairs: Sabrina Ford, PhD, Michigan State University, East Lansing, MI; and Jamilia Sly, PhD, Icahn School of Medicine at Mount Sinai, New York Co-Presenters: Qian Lu, PhD, University of Houston, Houston, TX; Kimlin Tam Ashing, PhD, City of Hope, Duarte, CA; Sabrina Ford, PhD, Michigan State University, East Lansing, MI; Jamilia Sly, PhD, Icahn School of Medicine at Mount Sinai, New York, NY; David Williams, PhD, Harvard University, Cambridge Although formal acknowledgement in the public health arena has focused on reducing health inequities for over 60 years, very little has changed in terms of the continued disparate health outcomes for underserved and minority populations. We propose to unravel where research and practice has brought us to date, offer an innovative models to move beyond the current state, and explore unconscious bias 30 2, 2016 19 Washington 37TH 30, 2016 12 p.m. \u2013 6 p.m. Course 9: Technology Course: Designing Digital Health Interventions Workshop on How to Create Usable, Enjoyable, and Effective Digital Health User Experiences Jefferson East Full/Associate/Emeritus Members: $128; Student/Trainee or Transitional Members: $90; Non-Members: $148 Content area: Other Instructional level: Beginner/intermediate Chair: Eric B. Hekler, PhD, Arizona State University, Phoenix Co-Presenters: Predrag Klasnja, PhD, University of Michigan, Ann Arbor, MI; Sayali Phatak, MS, Arizona State University, Phoenix, AZ; David Klein, Vibrent Health, Fairfax, VA; Eric B. Hekler, PhD, Arizona State University, Phoenix, AZ; and Eun Kyoung Choe, PhD, Pennsylvania State University, State College Have you ever wondered why some digital health interventions (i.e., interventions that are delivered or incorporate digital technologies such as websites, smartphones, or wearable sensors like physical activity monitors) succeed at promoting behavior change, but others fail? While increasing evidence suggests that technologies such as text messaging, websites, smartphone apps, and social networks can promote health behavior change, many times the low number of sustained users hampers the overall effectiveness of the intervention. Factors such as how well the technology integrates into a person\u2019s life, how easy it is to interact with it, how enjoyable it is to use greatly influence a digital health intervention\u2019s chances of success. The discipline of Human-Computer Interaction (HCI) explores novel ways to make technologies more useful usable in everyday life (Poole, 2013). In this workshop experts and behavioral scientists with experience using design processes and collaborating with researchers will introduce an overarching development process for improving user experience in digital health interventions called human-centered design. The workshop will focus on two core themes: 1) facilitation of early formative work to ensure a question is being asked appropriately, see Human-Centered Design Kit for a sense of the work; and 2) teaching pragmatic skills in rapid prototyping of mHealth (i.e., text messaging and app) ideas utilizing a variety of open tools such as ifttt.com, and pacoapp.com. This workshop is intended for behavioral scientists who are interested in developing a digital health intervention, or want to improve upon the design of an empirically-tested digital health intervention. No technology development or artistic skills are required. 9 a.m. \u2013 6 p.m. Course 10: Theories and Techniques of Behavior Change Interventions Course: Applying Self- Determination Theory to Health-Behavior Interventions Fairchild Full/Associate/Emeritus Members: $218; Student/Trainee or Transitional Members: $172; Non-Members: $243 Content area: Other Instructional level: Intermediate/advanced Chair: Jennifer La Guardia, PhD, University of California, Santa Barbara Presenter: Jennifer La Guardia, PhD, University of California, Santa Barbara Self-Determination Theory is one of the leading psychological theories on motivation & a powerful cornerstone to building a successful health initiative, program or intervention. In this training, attendees will gain a deeper understanding of principles & discover precisely why provides a powerful framework for: (1) Improving motivation for behavior change, (2) Cultivating value for important health behaviors, (3) Creating meaningful goals, (4) Learn to practically apply the framework in actionable ways, helping researchers and practitioners translate theory into practice, (5) Explore how is synergistic with your health initiatives, program, or intervention and can help create lasting change and improved long-term health outcomes, (6) Learn how to utilize in different modes of treatment delivery (including mobile health, individual, and group modalities), and (7) Distinguish the approach from other prominent interventions (MI, CBT, Stages of Change 30 2, 2016 20 Washington 30, 2016 9 a.m. - 11:45 a.m. Seminar 1: Closing the Know-Do Gap in Public Health Professional Training: The Case-Method Teaching Approach Columbia 9 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Methods Instructional level: Beginner/Intermediate Lead Presenter Bryn Austin, ScD, Harvard T.H. Chan School of Public Health, Boston Co-Presenter: Holly C. Gooding, MD, MSc, Boston Children\u2019s Hospital, Boston An ideal way to integrate new content into educational programs is through the innovative case-method approach, a state-of-the-art and highly effective teaching method that is widely used in professional training in disciplines such as law, medicine, public policy, and business. This approach offers great potential benefits for public health professional training. Case-method teaching is a discussion- and problem-solving-based teaching technique that introduces trainees to real-world scenarios through a case study. Each case is a carefully crafted story, developed from extensive background research to be evidence-based, timely, topical, and dynamic. Each case typically features a protagonist facing a critical dilemma that must be solved by trainees through teamwork in the classroom setting. This approach has been shown not only to increase learning and retention, but also to enhance communication, decision-making, teamwork, and analytical skills beyond what can be achieved through traditional didactic teaching methods. In this seminar, attendees will work with an original case developed by the Strategic Training Initiative for the Prevention of Eating Disorders (http:// based at the Harvard T.H. Chan School of Public Health and Boston Children\u2019s Hospital. Seminar co-leaders will introduce attendees to case-method teaching, basic techniques for writing and teaching cases in the classroom, and the unique advantages of the approach for integrating new topics and perspectives into health professional training. Then attendees will have the chance to work with an exemplar case in a simulated teaching experience. The exemplar case will incorporate content related to U.V. tanning on college campuses and negotiation skills for advancing policy changes to promote public health. Finally, attendees will critique the cases and discuss ways to adapt the approach with the goal of integrating case-method teaching methods into their own public health professional or university settings. 9 a.m. - 11:45 a.m. Seminar 2 and STTR, Federal Funding Mechanisms for Improving the Reach of Behavioral Science Jefferson East Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Education, Training and/or Career Development Instructional level: Intermediate/Advanced Lead Presenter: Patricia Weber, DrPH, National Cancer Institute, Rockville Co-Presenters: James McClain, PhD, National Cancer Institute, Rockville, MD; Jennifer Shieh, PhD, National Heart, Lung, and Blood Institute, CITY, STATE; Richard Bendis, BioHealth Innovation, Inc., CITY, STATE; Fred Kron, MD, Medical Cyberworlds, Inc With growing interest in how the results of research are disseminated and implemented, Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) grants and contracts are increasingly an avenue for the translation of scientific evidence into commercial and clinical settings. Representatives from the offices of two Institutes, the National Cancer Institute (NCI) and the National Heart Lung and Blood Institute (NHLBI), will provide an overview of the goals of the and programs, the application and review process and how these differ from traditional research grants. An Program Director from the Division of Cancer Control and Population Sciences will discuss the importance of the grant mechanism to the field of behavioral science. An awardee will give an overview of how he translated his academic behavioral research into a successful application. Finally, a seasoned healthcare investor will provide an overview of what investors are looking for from commercial behavioral health products and platforms. Attendees will be expected to submit a one page overview of their product idea for commercialization prior to the seminar. Attendees will get detailed feedback from the presenters. Attendees will practice giving elevator pitches (short 2 min overview of their idea and its impact) similar to what might happen at a health tech event. Attendees will then give a more detailed overview of their research-informed product idea and commercialization plan, receiving feedback from the presenters 30 2, 2016 21 Washington 37TH 30, 2016 9 a.m. - 11:45 a.m. Seminar 3: Integrating Behavioral Science in the Clinical Workflow and Changing Patient-Provider Relationships Jefferson West Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Diabetes Instructional level: Beginner/Intermediate Lead Presenter: Christine Renee Maldonado, PhD, Healthwise, Inc., Boise Co-Presenters: Carrie Henley, BA, Healthwise, Inc., Boise, ID; and Catherine D. Serio, PhD, Healthwise, Inc., Boise We know a great deal about what works (and what does not) in behavioral medicine. But like many fields, there is a gap between what is known and what is implemented in clinical practice and what is disseminated to the public. As both patients and providers grapple with the management of complex, chronic health conditions, there is an urgent need for information that goes beyond traditional health education and instead uses theory-based behavior change interventions in the clinical workflow. To help close the gap between theory and practice, the authors drew from the behavioral medicine literature and adopted the Sustainable Change Sequence (SCS; Elwyn, Marrin, Frosch, & White, 2014), a framework that outlines five steps that a patient needs to adopt in order to sustain health behavior change. This framework also outlines the respective evidenced-based behavior change techniques (BCTs) for each step as detailed by Abraham and Michie\u2019s (2008) taxonomy. Together, the and the BCTs have been at the forefront of our content strategy and development. To support providers in targeting health information to their patients\u2019 respective behavior change step, the authors have developed a tool to assess patients\u2019 health behavior change needs. This assessment tool is linked through rich metadata to content that\u2019s been tailored to patients\u2019 specific needs. In this seminar, we will provide participants with an overview of the and the underlying BCTs. We will demonstrate how a multi-disciplinary team of content developers apply the and translate BCTs to produce health content that is in plain language. Participants will interact with our psychometrically-validated tool that supports providers in targeting content to their patients\u2019 behavior change needs. Using type 2 diabetes as example, we will showcase how the and BCTs, our tool, and our content work in concert to support both the patient-provider relationship and patients\u2019 self-management efforts. Throughout the seminar participants will engage in discussions and activities to support their learning and adoption of similar frameworks in their organizations 30 2, 2016 22 Washington 30, 2016 9 a.m. - 11:45 a.m. Seminar 4: Integrating Substance Use Screening, Brief Intervention, and Referral to Treatment (SBIRT) in Health Professions Education Monroe Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Education, Training and/or Career Development Instructional level: Beginner/intermediate Lead Presenter: Eric Goplerud, PhD, University of Chicago, Chicago Co-Presenters: Glenn Albright, PhD, City University of New York, New York, NY; and Cyrille Adam, EdM, Kognito, New York In 2014, 27 million Americans ages 12 and over were living with a substance use disorder. Adolescent substance use is linked to a range of immediate and long-term consequences. Although studies like Monitoring the Future and National Survey on Drug Use and Health have recently shown stable or slight decline in the use of alcohol and certain drugs, alcohol remains the drug of choice, marijuana has increased, and perceptions of harm has decreased. Despite opportunities to address substance use in a range of settings, training and adoption of screening and brief intervention has been slow. Screening, Brief Intervention, and Referral to Treatment (SBIRT), a widely supported prevention/early intervention model, has been shown to be a low-cost, effective approach to addressing risky alcohol use among adults. More recently this model has been applied to prescription medication misuse, marijuana, and illicit drug use with inconsistent but encouraging results is endorsed by government agencies and professional associations based on promising evidence. Currently, there is little support for education in health professions education at the University of Chicago is funded by the Conrad N. Hilton foundation to increase education opportunities in adolescent within associate, undergraduate and graduate social work and nursing programs. Since 2014 has partnered with the Council on Social Work Education, Center for Clinical Social Work, the American Association of Colleges of Nursing and technology company Kognito to support the integration of adolescent into required coursework. This proposed workshop will provide an overview of SBIRT\u2019s process, rationale and evidence. Participants will engage in a discussion about the opportunities, challenges and facilitators to integrate practice-based education. Research findings will be shared supporting the effectiveness of virtual patient simulations to help practitioners learn and practice screening and brief interventions in conversation with virtual patients, and improving knowledge, attitudes, and clinical practice around mental health and substance use. Participants will be engaged to develop a plan to implement and sustain education, and will have the opportunity to practice and assess their skills in two virtual patient simulations. 9 a.m. - 11:45 a.m. Seminar 5 Cultural Competency Training Pilot Program at Tulane University School of Public Health & Tropical Medicine Columbia 6 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Education, Training and/or Career Development Instructional level: Beginner/intermediate Lead Presenter: Ali Talan, MSc, Tulane University, New Orleans Co-Presenters: Jennifer L. Glick, MPH, Tulane University, New Orleans, LA; and Carolyn Drake, BA, Tulane University, New Orleans This seminar explores the utility of an cultural competency training established at Tulane University School of Public Health and Tropical Medicine (TUSPHTM). Members of the lesbian, gay, bisexual, and transgender (LGBT) community experience intolerance, discrimination, harassment, and the threat of violence because of their sexual orientation or gender identity. These stressors have a direct impact on the health of individuals. Increasing cultural competency among health professionals is one method by which to improve care and health outcomes. Research conducted in medical and nursing education has shown that students in these professions are infrequently exposed to LGBT-related curricular content aimed at improving cultural competency, and limited research has focused on cultural competency in public health institutions. This seminar will begin with a description of the current climate at in terms of curriculum, research, and LGBT-inclusive policy. The presenters will then describe the development of a training program that emphasizes LGBT-related educational content grounded in a public health framework in terms of educational content, pedagogy, program procedure, and measurement tools. The seminar is experimental in nature and attendees will have the opportunity to participate in the full training program. At the end of the training, there will be an extended discussion of the current content and approach, including perceived acceptability and feasibility of the training program as it currently exists. Attendees will have the opportunity to assess the program for wider application 30 2, 2016 23 Washington 37TH 30, 2016 9 a.m. - 11:45 a.m. Seminar 6: The Path Nine Component Model and Methodology for Training Resilience Columbia 8 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Stress Instructional level: Intermediate/advanced Lead Presenter: Stephen Sideroff, PhD, University of California, Los Angeles Presenting a model of resilience, and a self-scoring assessment tool. Stress is a significant modifier of emotional and physical symptoms and is maintained unconsciously as a distraction from emotional pain. This resistance along with a feeling of overwhelm contributes to clients\u2019 difficulty in becoming resilient. Session will identify the many aspects of client resistance to restoring autonomic balance and optimal functioning. Presenter will then introduce a nine component model of resilience along with a 40 item self-scored questionnaire that produces a resilience profile for clients, identifying their strengths and areas needing improvement. Seminar participants will have the opportunity to take the questionnaire, self- score and create their personal profile. The nine components fall into three areas: Relationship (with self, with others, and with something greater \u2013 spirituality, purpose and service), Organismic Balance and Mastery (physical, mental/cognitive, and emotional) and Process or how one engages in the world (presence, flexibility and power, defined as the ability to get things done). Each of the nine components will be described, along with exercises for their enhancement. The audience will be engaged in training each other, using these exercises, to train greater resilience along each of the nine dimensions. 9 a.m. - 11:45 a.m. Seminar 7: Iterative Research Designs: Developing, Refining, and Pilot Testing Innovative Approaches to Promoting Behavior Change Columbia 10 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Diabetes Instructional level: Intermediate/advanced Lead Presenter: Sarah S. Jaser, PhD, Vanderbilt University, Nashville Co-Presenters: Deborah Ellis, PhD, Wayne State University, Detroit, MI; Nancy Petry, PhD, University of Connecticut, Farmington, CT; Catherine Stanger, PhD, Dartmouth College, Hanover, NH; Shelagh A. Mulvaney, PhD, Vanderbilt University, Nashville, TN; and Christine M. Hunter, PhD, ABPP, National Institute of Diabetes and Digestive and Kidney Diseases, Bethesda There is a need to develop new and better interventions to promote behavior change to address problems with adherence. Iterative research designs allow for studies to develop, refine, and pilot test innovative strategies. In this course, independently-funded investigators will share strategies for iterative research designs of behavioral interventions, with early feasibility phases informing larger trials. We draw from cognitive training (Cogmed), e-health and technology (interactive apps), positive psychology, mindfulness, and incentive-based approaches to address the same challenge: improving adherence in adolescents and young adults with type 1 diabetes. We will discuss iterative study designs, lessons learned, and tools for decision-making regarding intervention readiness for additional testing and development, including statistical approaches to evaluate small sample sizes. Topics covered in this course have wide-ranging implications for designing and testing behavioral interventions for youth with chronic diseases in particular and for the broader development of novel behavior change interventions 30 2, 2016 24 Washington 30, 2016 9 a.m. - 11:45 a.m. Seminar 8: Role of Tai Chi on Chronic Musculoskeletal Pain Columbia 11 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Pain Instructional level: Beginner/intermediate Lead Presenter: Chenchen Wang, MD, MSc, Tufts University, Boston Chronic musculoskeletal pain is a growing public health problem and leads to substantial healthcare costs worldwide. Currently, no effective disease-modifying remedies are available for chronic musculoskeletal pain . However, Tai Chi, an ancient Chinese exercise discipline, that uses an integrated mind-body approach may offer potential therapeutic benefits to patients suffering from chronic musculoskeletal pain. Clinical trials and observational studies provide encouraging evidence suggesting that the physical components of Tai Chi may enhance cardiovascular function, muscular strength, proprioceptive acuity, neuromuscular activity, balance, and joint stability. In addition, the mental components of Tai Chi uniquely promote integration of mind and body to reduce chronic pain, and may also improve self-efficacy, psychological well-being, and life satisfaction. Combined, the component effects may reduce pain, improve function, and slow the disease progression and disability associated with chronic musculoskeletal pain. As the demand and evidence for complementary and integrative treatment grows, educating health care providers and patients about the evidence and clinical implications for these remedies is vital. Health care providers should be able to discuss the evidence behind these treatments with patients to enable them to make informed decisions. Furthermore, by providing practical information about methods, costs, and experience, healthcare providers can effectively encourage their patients to explore the options for integrating western and eastern medicines. This seminar will 1) offer a brief history and conceptual overview of Tai Chi, 2) elucidate the multidimensional theoretical model of Tai Chi as a treatment for chronic musculoskeletal pain, 3) review the current body of knowledge on the therapeutic benefits of Tai Chi for pain and symptom relief in patients with chronic musculoskeletal pain, 4) offer strategies for implementing complementary and integrative approaches into clinical practice. 12 p.m. - 2:45 p.m. Seminar 9: Beyond Informed Consent: Designing Impactful Orientation Sessions for Randomized Trials to Maximize Engagement and Retention Lincoln East Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Methods Instructional level: Intermediate Lead Presenter: Danielle E. Schoffman, University Of South Carolina, Columbia Co-Presenters: Michaela Kiernan, PhD, Stanford University, Stanford Orientation sessions are often the first point of contact for research staff and participants and offer an important opportunity to set the tone of the research experience ahead. However, many studies do not take advantage of the time in orientation sessions to engage participants on a deep level in the research experience as well as provide participants with an understanding of the full commitment involved in enrolling. This interactive seminar will provide detailed examples that illustrate how techniques from an innovative approach were applied across a variety of research settings as well as an intensive hands-on session to assist attendees in their planning and implementation of similar techniques in their research. First, presenters will briefly describe an innovative approach to orientation sessions developed by our collaborative research team. This approach emphasizes that trial participants should be partners in the research process, that a full and clear picture of the expectations for trial participation should be presented, and that trial participants should be allowed sufficient time and space to explore ambivalence about committing to the study rather than making a decision at a single visit. Second, presenters will describe details of how the original orientation session approach has now been adapted for use in a number of research projects, including different geographic locations across the from the Southeast to California, age groups from children to adults, health behaviors from weight loss to physical activity, and research designs from in-person groups to remotely-delivered interventions. Third, presenters will facilitate intensive small-group break-out sessions for attendees to brainstorm ways to implement the orientation session techniques in their own research as well as troubleshoot anticipated barriers to using these techniques. The small groups will share strategies and solutions with the larger group and the presenters will share some of the commonly encountered barriers to implementation experienced by PIs and research staff. Finally, the presenters will discuss future directions including suggestions for systematic measurement of the techniques presented and empirical tests of the impact of specific elements of the approach on recruitment and retention process indicators. Participants will leave prepared to implement some of the orientation session techniques discussed 30 2, 2016 25 Washington 37TH 30, 2016 12 p.m. - 2:45 p.m. Seminar 10: Central Sensitization\u2019s Role in Chronic Illness - Treatment Options Columbia 9 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Pain Instructional level: Intermediate Lead Presenter: Judy Embry, PhD, Baylor Scott & White Health, Dallas Central Sensitization has been recently conceptualized and is currently considered to be a common denominator for diverse medical conditions such as temporomandibular joint dysfunction, nonspecific low back pain, vulvar vestibulodynia, migraines, osteoarthritis, noncardiac chest pain, migraine, irritable bowel syndrome, and many so-called \u201c\u201dfunctional\u201d\u201d disorders. The concept is not well understood by most medical providers, leading to ineffective treatment, prolonged patient disability, unnecessary testing/diagnostics, high healthcare costs, and frustrated providers, patients, and families. Fortunately, many mental health providers have skills and tools that can help alleviate some of the suffering individuals experience when central sensitization is perpetuating their medical disorders, and there is considerable support in the literature for these approaches. One of the difficulties in treating individuals with central sensitization, however, is the complexity of the phenomenon and the fact that it challenges common understandings of pain. This seminar will address the current knowledge regarding the mechanisms of central sensitization, evidenced-based treatment including psychotherapeutic approaches, and recommendations for educating patients and medical providers about this condition. 12 p.m. - 2:45 p.m. Seminar 11: Smart and Connected Health Aspiring Investigator Workshop Columbia 11 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Technology Instructional level: Beginner/Intermediate Lead Presenter: Wendy Nilsen, PhD, National Science Foundation, Arlington This workshop will be an informational and interactive opportunity for Smart and Connected Health (SCH) Aspiring Investigators to develop skills and address the knowledge gaps necessary to submit a successful proposal. The goal of the Program is to accelerate the development and use of innovative approaches that would support the much needed transformation of health and healthcare. The mission of the Smart and Connected Health program is the development of next generation health and healthcare research through high-risk, high-reward advances in the understanding of and applications in information science, computer science, behavior, cognition, sensors, robotics, bioimaging, and engineering. Realizing the promise of disruptive transformation in health and healthcare will require well-coordinated, multi-disciplinary approaches that draw from the computer and information sciences, engineering, medical, health and social behavioral sciences. The Aspiring Investigator workshop will support the development of researchers interested in submitting research to the program. The workshop will accomplish this through mentorship and didactic sessions to acquaint Aspiring Investigators with the key issues associated with SCH, the joint review process and the breadth of existing projects funded by the program 30 2, 2016 26 Washington 30, 2016 3:15 p.m. - 6 p.m. Seminar 12: Building Just-In Time Adaptive Interventions in Mobile Health: The Role of Micro- Randomized Trials Columbia 11 Full/Associate/Emeritus Members: $100; Student/Trainee or Transitional Members: $50; Non-Members: $150 Content area: Methods Instructional level: Beginner/intermediate Lead Presenter: Inbal Nahum-Shani, PhD, University of Michigan, Ann Arbor Co-Presenters: Susan Murphy, PhD, University of Michigan, Ann Arbor, MI; Bonnie Spring, PhD, Northwestern University, Evanston, IL; David E. Conroy, PhD, Pennsylvania State University, State College, PA; Predrag Klasnja, PhD, University of Michigan, Ann Arbor, MI; and Daniel Almirall, PhD, University of Michigan, Ann Arbor \u201cJust-in-Time Adaptive Intervention\u201d (JITAI) is an emerging mobile health intervention design aiming to provide support \u201cjust-in-time\u201d, namely whenever and wherever support is needed; via \u201cadaptation\u201d, namely by using ongoing information on the dynamics of an individual\u2019s emotional, social, physical and contextual state to individualize the type and delivery timing of support. The adaptation in a is intended to ensure that the right type of support is provided whenever the person is (a) vulnerable and/or open to positive changes, and (b) receptive, namely able and willing to receive, process and utilize the support provided. In this workshop, we will introduce micro-randomized trial (MRT), a new trial design useful tool for addressing scientific questions concerning the construction of JITAIs. Specifically, we will provide an introduction to JITAIs, as well as examples of key scientific questions that need to be addressed in the development of these interventions. We will then discuss how the design can be used to answer these scientific questions and clarify its key design features. Two case studies involving the design of a will be used for illustration. The first concerns the development of a aiming to address states of heightened vulnerability among smokers attempting to quite. The second concerns the development of a aiming to capitalize on natural opportunities for promoting physical activity among sedentary adults. Useful data analysis methods for developing JITAIs will be discussed, as well as directions for future research. The emphasis of this seminar is on applications rather than on technical details. 12 p.m. \u2013 6 p.m. Seminar 13 Grantpersonship: Opportunities to Fund Research and Training Jefferson West Full/Associate/Emeritus Members: $125; Student/Trainee or Transitional Members: $75; Non-Members: $175 Content area: Other Instructional level: Beginner/Intermediate Lead Presenter: William N. Elwood, PhD, National Institutes of Health, Bethesda Co-Presenters: Stephane Philogene, PhD, National Institutes of Health, Bethesda, MD; Veronica L. Irvin, PhD, MPH, Oregon State University, Corvallis, OR; Robert M. Kaplan, PhD, Agency for Healthcare Research and Quality, Rockville, MD; Heather Orom, PhD, University at Buffalo, Buffalo, NY; Dawn K. Wilson, PhD, University of South Carolina, Columbia, SC; Richard P. Moser, PhD, National Cancer Institute, Bethesda, MD; Janine Simmons, MD, PhD, National Institutes of Health, Bethesda, MD; Michael J. Stirratt, PhD, National Institute of Mental Health, Rockville, MD; and Christopher Wheldon, PhD, National Cancer Institute, Bethesda This seminar will provide participants with information and advice to write competitive applications for National Institutes of Health (NIH) funding. The format will include didactic presentations, guidance on summary statement interpretation, and small group mentoring sessions scientists and review officers will describe current funding opportunities, grant mechanisms, policies, procedures, and steps in the grant submission process. Current and past NIH-based fellows will share experiences on how their fellowships influenced their respective career trajectories. There will be ample time to answer questions regarding programmatic and review issues related to the funding process. In addition, experiential and small-group activities will deepen participants\u2019 knowledge of the grant writing process and provide individually-tailored feedback. Presenters will describe the roles and interactions among various study section participants, including the review officer, review group chair, and assigned reviewers. Participants who\u2019d like tailored advice for their projects-in-development should bring at least five paper copies of a one- to two-page synopsis of the research aims, hypotheses, and methods. Participants interested in fellowship opportunities should bring a similar number of vitae/ biosketches staff and senior investigators will provide participants with detailed feedback and advice 30 2, 2016 27 Washington 37TH 30, 2016 12 p.m. \u2013 6 p.m. Seminar 14: The Nuts and Bolts of Behavioral Intervention Development Monroe Full/Associate/Emeritus Members: $125; Student/Trainee or Transitional Members: $75; Non-Members: $175 Content area: Methods Instructional level: Beginner/intermediate Lead Presenters: Sylvie Naar, PhD, Wayne State University, Detroit, MI; and Susan M. Czajkowski, PhD, National Heart, Lung, and Blood Institute, Bethesda Co-Presenters: Christine M. Hunter, PhD, ABPP, National Institute of Diabetes and Digestive and Kidney Diseases, Bethesda, MD; Yuan Ji, PhD, NorthShore University HealthSystem, Evanston, IL; Audrey Boruvka, PhD, University of Michigan, Ann Arbor, MI; Inbal Nahum-Shani, PhD, University of Michigan, Ann Arbor, MI; Frank Perna, EdD, PhD, National Cancer Institute, Bethesda, MD; Bethany Raiff, PhD, Rowan University, Glassboro, NJ; Kenneth E. Freedland, PhD, Washington University in St. Louis, St Louis, MO; and Angela J. Jacques-Tiura, PhD, Wayne State University, Detroit This seminar will provide investigators who are interested in the design and preliminary testing of health-related behavioral interventions an opportunity to: (1) learn about the model, a new framework for developing behavioral treatments for chronic diseases; (2) learn about appropriate study designs and methods for early-phase behavioral intervention research, including which methods are appropriate at each phase of the behavioral intervention development process; and (3) apply the model and knowledge about relevant methodologies to their own behavioral treatment research. The format will include didactic presentations, question and answer sessions, and small group discussions in which participants will be provided with advice to help them design their own behavioral intervention development project and extramural behavioral scientists will describe their own experiences in designing and conducting behavioral intervention development studies, bringing these \u201clessons learned\u201d to bear in advising seminar attendees on their individual projects. Didactic presentations will provide detailed information about methodologies and study designs most applicable to the early phases of behavioral intervention design and testing (e.g., qualitative research and small studies, dose-finding studies, adaptive and fractional factorial designs, and pilot studies), with ample time allotted for questions and discussion. In addition, experiential and small-group activities will deepen participants\u2019 knowledge of and skills needed for designing a behavioral intervention development program, allowing time for tailored advice and feedback. Participants will be asked to submit in advance a 1-2 page synopsis (e.g., abstract, research aims, hypotheses, proposed methods) of a behavioral intervention development project, which can be one they are considering submitting for funding, along with specific questions they may have regarding the process of behavioral intervention development. These will be discussed in small groups led by staff and senior investigators, allowing participants to receive detailed feedback and advice to enhance the quality of their grant applications for designing, refining and early- phase testing of health-related behavioral interventions 30 2, 2016 28 Washington 30, 2016 12 p.m. \u2013 6 p.m. Seminar 15: The Writing Workshop: Development Behavioral Change Research and Projects for Publication Columbia 6 Full/Associate/Emeritus Members: $125; Student/Trainee or Transitional Members: $75; Non-Members: $175 Content area: Other Instructional level: Beginner/intermediate Lead Presenter: Barbara Resnick, PHD, CRNP, FAAN, FAANP, University of Maryland, Baltimore Co-Presenter: Laura L. Hayman, PhD, RN, FAAN, University of Massachusetts, Boston Publication and scholarly dissemination of innovative interventions focused on changing behavior among individuals across the life span are a critical component to moving research from the lab to the bedside or real world settings. Further it is only through dissemination and implementation of new knowledge that faculty across all disciplines will be able to expose students to these innovative approaches and achieve optimal health globally. Challenges to publishing include such things as lack of sufficient skills in writing, lack of confidence, motivation, infrastructure to support scholarly activities within academic settings, mentoring and time and work load issues, among others. Mentorship, collegial relationships, positive work environments and efficient time management have all been shown to facilitate scholarship. The need for mentoring, in particular, has recently intensified due to an increasing shortage of experienced faculty in academic settings. This full day seminar will guide participants in the development of a manuscript for submission for publication via a section-by-section, hands on practical approach. The Workshop will include a series of four 50 minute sessions and time given for the participants to develop some initial outlines and sections of their manuscripts and receive feedback from presenters following each section of the Workshop. Specifically the four sections will address the components of a research based manuscript and include: I. Introduction and background Methods; III: Results and IV. Discussion. Powerpoints for these sections have been developed by the Workshop presenters and with input from an interdisciplinary team of journal editors. In addition we will review the submission process with participants and provide guidance for how to appropriately respond to editor/reviewer comments. Participants will also receive examples of successful and not successful sections for each section of a research based manuscript and tricks of the trade for exemplary writing. At the end of the workshop the participants will have an outline and focus and beginning draft of their manuscript and access to resources and online support for the continued development of these papers. 12 p.m. \u2013 6 p.m. Seminar 16: Understanding the Principles at Work in Mind-Body Programmes and Integrating those into Behavior Change Interventions Columbia 8 Full/Associate/Emeritus Members: $125; Student/Trainee or Transitional Members: $75; Non-Members: $175 Content area: Complementary and Integrative Medicine Instructional level: Intermediate/advanced Lead Presenter: James Carmody, PhD, University of Massachusetts, Worcester Behavioral interventions increasingly incorporate mindfulness and other mind-body modalities to support change and maintenance of health- related behaviors and better coping with the distress commonly accompanying unhealthy behaviors. These practices allow experiential recognition of the areas of experience that attention and awareness get caught, and those avoided or missed. Cultivating a capacity to recognize and hold our most difficult parts while still being available for the broader landscape of experience enables creative responding where automatic reactivity and conditioned patterns would otherwise prevail. Although often presented as unique, mind body modalities have their effects through shared psychological principles that are readily learned and adapted. This full day seminar will give participants both the theory and practice of these qualities of attending that are associated with distress and well-being and demonstrate the common ground mindfulness and other mind body programmes share with therapeutic modalities such as CBT. Understanding these parallels enables their seamless integration into behavioral change interventions that suit the needs, language and circumstances of your population. The seminar will provide experiential instruction drawn from the presenter\u2019s own research and clinical experience as well as four decades of practice and teaching mindfulness meditation, yoga and mindful movement. There will be opportunity for dialogue, reflection and role-play in creatively adapting, presenting and teaching these principles in ways that make them meaningful and accessible for clients\u2019 individual circumstances including awareness exercises that can be integrated into the experience of daily life. It is suitable for a range of backgrounds. Learning Objectives: Understand theoretical underpinnings of mind body modalities; Practice these principles using mindfulness and mind body exercises; Adapt what is learned to various patient circumstances 30 2, 2016 29 Washington 37TH 30, 2016 12 p.m. \u2013 6 p.m. Seminar 17: Using a \u201cDesign-Thinking\u201d to Inform the Connected and Open Research Ethics (CORE) Project Participatory Approach Columbia 10 Full/Associate/Emeritus Members: $158; Student/Trainee or Transitional Members: $108; Non-Members: $208 Content area: Other Instructional level: Intermediate Lead Presenter: Camille Nebeker, EdD, MS, University of California San Diego, La Jolla Co-Presenter: Cinnamon S. Bloss, PhD, University of California San Diego, La Jolla We have rapidly entered an era where researchers collect data \u2018on-the-fly,\u2019 in real-time and, subsequently design meaningful, personalized and adaptive health interventions. The technologies include devices/apps that enable data collection via Mobile Imaging, pervasive Sensing, Social- media and Tracking (MISST) methods. While the opportunities are fantastic, standards to guide the responsible and ethical conduct of this research are lagging behind creating challenges for Institutional Review Boards (IRBs) and researchers alike. We have identified a subset of issues that are percolating within the ecosystem. Our data identified research questions and concerns across three categories: (i) informed consent, (ii) risks/benefits, and (iii) data management. These observations have prompted us to consider how to improve the ethical design and review of research. This seminar will apply a Design Thinking (DT) approach to inform a dynamic, ethical learning system with a goal of increasing the effectiveness and efficiency of current research oversight practices is an agile approach that enables groups to define problems, propose solutions, prioritize ideas, design a prototype and plan an implementation strategy. As a formal method for practical and creative resolution of problems emphasizes a phase during which the group focuses on generating as many ideas as possible using thoughtful prompts (e.g., How might we \u2026. design ethical standards to guide research using emerging technologies?\u2026 create a meaningful informed consent process). Design thinking is also considered particularly useful when addressing problems where the problem itself, as well as the solution, may be unknown or ill-defined at the outset of the problem-solving exercise. During the seminar we will demonstrate the \u201cdouble diamond 4D\u201d approach where we initially Discover and Define then Develop and Deliver high-level goal of this seminar will be to generate ideas for how Society of Behavioral Medicine members, as a key stakeholder group, might foster the ethical conduct of research in the changing landscape of 21st century science. Participants will learn how \u201cDesign Thinking\u201d can be used for problem solving by participating in the process of designing the Connected and Open Research Ethics (CORE) project 30 2, 2016 30 Washington 31, 2016 Start End Title 7 a.m. 7 p.m. Registration Open 7:15 a.m. 8 a.m. Breakfast Roundtables 8:15 a.m. 9:30 a.m. Symposia 9:45 a.m. 10:45 a.m. Opening Keynote 11 a.m. 12 p.m. Midday Meetings/Panel Discussions 11:30 a.m. 1:30 p.m. Exhibit Hall Open 12 p.m. 1 p.m. Null Results Poster Session 12:30 p.m. 1:30 p.m. Master Lecture/Paper Sessions 1:45 p.m. 3 p.m. Symposia 3:15 p.m. 4:45 p.m. Paper Sessions 5 p.m. 6 p.m. Presidential Keynote and Awards Ceremony 6 p.m. 7 p.m. Poster Session B/Exhibit Hall Open 7:15 a.m. 8:05 p.m. Capitol Steps Performance 7:15 a.m. \u2013 8 a.m. Breakfast Roundtables Breakfast roundtables are interactive meetings with discussion centered on topics of interest to a specific portion of the meeting audience or to an special interest group (SIG), council, or committee complimentary continental breakfast is provided. 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Physical Activity International Ballroom East Moderators: Beth Lewis, PhD University of Minnesota, Minneapolis MN; Melissa Napolitano, PhD, George Washington University, Washington The Physical Activity will provide an update on membership, give out the local innovator and outstanding student abstract awards, and provide a forum for attendees to discuss current topics related to physical activity research and funding. This session is not available for credit 30 2, 2016 31 Washington 37TH 31, 2016 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Introducing the Robert Wood Johnson Foundation\u2019s Culture of Health Mission and Research Funding Programs International Ballroom West Moderator: Tracy Orleans, PhD, Robert Wood Johnson Foundation, Princeton This two-part roundtable will introduce: (1) RWJF\u2019s new mission to build a Culture of Health in America, in which everyone has the opportunity to live their healthiest life possible; and (2) three new national research programs which together will award $25M over the next three years for innovative research on policies, laws, system interventions, and community dynamics that improve health and well-being, with emphasis on sectors not typically associated with health, such as transportation and housing. Representatives from (Tracy Orleans) and its Corporation partners (Anita Chanda and Vivian Towe) will join national research program leaders to describe the following new research funding programs: \u2022 Evidence for Action, led by Nancy Adler and David Vlahov at UCSF, and Claire Gibbons and Tracy Costigan at RWJF, will support a new program of investigator-initiated research that spans the full range of topics and methodologies needed to build an evidence base for a Culture of Health. \u2022 Policies for Action, led by Scott Burris at Temple University and Kerry Anne McGeary and Mona Shah at RWJF, will explore how policies, laws and regulations in both the public and private sectors can support a Culture of Health. This new program will build on the work of RWJF\u2019s Public Health Law Research Program. \u2022 Systems for Action, led by Glen Mays and Anna Hoover at the University Kentucky, and Carolyn Miller and Oktawia Wojcik at RWJF, will identify and explore system innovations and interactions to align the delivery and financing systems that support a Culture of Health including medical care, public health and prevention, and social and community services. It will build on the work of RWJF\u2019s National Coordinating Center for Public Health Services and Systems Research. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Technology Presents: Technology Preview, a.k.a. Tech Madness Lincoln East Moderator: David Ahern, PhD, Brigham & Women\u2019s Hospital and the National Cancer Institute, Boston The Technology will host a preview of the day\u2019s technology-oriented talks, panels, and symposia, with speakers providing brief summaries of their presentations. The meeting will also provide an open forum for discussion of the technology related activities at the meeting. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Civic and Public Engagement Committee of the Health Policy Council Presents: How are behavioral scientists affecting health policy in their states? Stories from the Homefront Lincoln West Moderator: Sherry Pagoto, PhD, University of Massachusetts Medical School, Worcester, MA; Stephenie Lemon, PhD, University of Massachusetts Medical School, Worchester, MA; and Paul Korte, PhD, Harry S. Truman Memorial Veterans\u2019 Hospital, Fulton Behavioral science has enormous potential to impact policy but only if behavioral scientists engage at the policy level. Three members will tell their stories of how they have gotten involved at the policy level in their states and what motivated them to do so. Dr. Pagoto will talk about how she had the opportunity to inform Massachusetts state legislators of the science about the dangers of indoor tanning as they contemplated legislation banning indoor tanning in minors. Dr. Lemon will discuss her role in a local public health collaborative in which she has the opportunity to inform policies and strategic priorities related to physical activity and healthy eating. Dr. Korte will talk about via his involvement in the Missouri Psychological Association he has been able to advocate for Medicaid to reimburse for Health and Behavior codes. Attendees will be invited to listen as well as tell their stories of how they have gotten involved in policy in their cities or states. The purpose of the session will be to inspire members to find ways to connect with policymakers and stakeholders locally to bring the science to the policy table. This session is not available for credit 30 2, 2016 32 Washington 31, 2016 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Integrated Primary Care Business Meeting Georgetown East Moderator: James E. Aikens, PhD, University of Michigan, Ann Arbor The Integrated Primary Care business meeting will include discussion of activities, budget and governance; collaborative efforts; announcement of 2016 Trainee Travel Awards; and networking with potential collaborators. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Multiple Health Behavior Change Business Meeting Georgetown West Moderator: Lori A. J. Scott-Sheldon, PhD, The Miriam Hospital Brown University, Providence, RI; Jayson J. Spas, PhD, Rhode Island College, South Kingstown The focus of the 2016 Multiple Health Behavior Change business meeting is to (a) review the findings from our survey of members, (b) discuss ideas for future activities, and (c) present awards to the Outstanding Graduate Student and/or Post-Doctoral Fellow Oral Abstract Awardees. The award winner(s) will present a brief oral presentation of their research during the meeting. Those interested in joining the are welcome to attend. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Obesity and Eating Disorders and Student SIGs Present: Achieving Work/Life Balance in an Age of Opportunities Jefferson East Moderators: Brenna N. Renn, MA, Baylor College of Medicine, Houston, TX; Morgan Lee, MA, University of South Florida, Tampa Co-Presenters: Kristin Schneider, PhD, Rosalind Franklin University of Medicine and Science, North Chicago, IL; Monica L. Wang, ScD, MS, Boston University, Boston, MA; Andrea T. Kozak, PhD, Oakland University, Rochester, MI; Laura L. Hayman, PhD, RN, FAAN, University of Massachusetts Boston, Boston, MA; Lori Pbert, PhD, University of Massachusetts Medical School, Worcester This panel discussion will provide participants at different levels of training (e.g., undergraduate student, graduate student, post-doctoral fellow, assistant professor) with advice and strategies on how to make career-related decisions with personal life issues in mind. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Spirituality and Health Business Meeting Jefferson West Moderator: John Salsman PhD (Chair) & Andrea Clements (Co-Chair) 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Population Health Science Business Meeting Monroe Moderator: Lila J. Finney Rutten, PhD, MPH, and Teresa M. Smith, PhD, MS, Mayo Clinic, Rochester This session will offer Dr. Smith a chance to describe her priorities and plans for the SIG. This session is not available for credit 30 2, 2016 33 Washington 37TH 31, 2016 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: The International Society of Behavioral Medicine (ISBM) and SBM: Collaborations on Global Behavioral Health Fairchild Moderator: Sherri Sheinfeld Gorin, PhD, Columbia University NCI, Setauket, NY; Frank Penedo, PhD, Northwestern University, Chicago IL; Joost Dekker, PhD Department of Rehabilitation Medicine, Amsterdam, Netherlands The purpose of the proposed meeting between the and the Scientific and Professional Liaison Council (SPLC) will be to foster liaisons among our organizations toward development of a health policy brief or joint publication focused on an area of global behavioral health, such as disseminating the vaccine. Our session will be interactive, and will also introduce you to the ISBM, of which is a founding society seeks to promote effective international communication between both individuals and national groups to facilitate research, clinical and training activities on a worldwide basis. The publishes the International Journal of Behavioral Medicine, and plans to hold its 2016 congress in Melbourne, Australia. As is a member society members are in turn a part of the ISBM, can receive the Journal and register at a reduced rate for the 2016 Congress. By way of background is to develop and foster joint interdisciplinary programs and services with other scientific and professional organizations; we can also coordinate the overall (official) interests of with external organizations. Our professional organizations share multiple clinical and policy interests, as well as some overlapping missions, so collaboration among us could be beneficial for all. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Panel: Coordination of Clinical Research Using Free, Web- and Smartphone- based Tools: The Current and Future Landscape Cabinet Moderator: Clinical research could not be complete without the hard work of a well-managed research team. With more of us working remotely and collaborating with investigators in other locations, it is becoming increasingly necessary to manage a larger and more diverse team of research staff, not all of whom are physically present for all projects. This panel will discuss web- and smartphone-based tools used to facilitate seamless research staff management and coordination. Tools discussed will include: (1) collaborative task list software, (2) shared note-taking programs, and (3) a private chat service for quick communications. In a University-based research lab investigating health behavior change, investigators and clinical coordinators have used these tools successfully to manage a team of undergraduate and graduate students, as well as continue to collaborate with students post-graduation demonstration of all tools will be included, as well as additional resources for other tools not used by this team. Group discussion following the panel presentation will focus on current needs of clinical researchers that could be addressed by future programs. This session is not available for credit 7:15 \u2013 8 a.m. Breakfast Roundtable: Theories and Techniques of Behaviour Change Intervention Meeting Columbia 6 Moderator: Heather L. Gainforth, University of British Columbia, Toronto The focus of the is to exchange ideas and foster collaboration with the aims of a) developing methods for specifying intervention content, b) evaluating the theory base of interventions, and c) linking behavior change techniques to theory. The first half of this meeting will report on the third year of the SIG, discuss ideas for future activities and plan for the coming year and for the longer-term. The second half of this meeting will consist of a fast-paced data blitz showcasing student abstracts being presented at that are relevant to the SIG\u2019s focus. Following the data blitz, students will have the opportunity to discuss their research with senior mentors and members of the SIG. This session is not available for credit 30 2, 2016 34 Washington 31, 2016 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Violence and Trauma Breakfast Business Meeting Columbia 8 Moderator: Emily F. Rothman, ScD, University College London, London, United Kingdom This is the annual in-person business meeting of the Violence and trauma SIG. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Sleep Group-in-Formation Organization Meeting Columbia 9 Moderator: Tracy Trevorrow, PhD, Chaminade University, Honolulu Description new special interest group is being formed, centered on behavioral sleep medicine. This will be the organizing meeting of the Sleep Group-in-Formation. The Sleep Group-in-Formation aims to promote awareness of the role of sleep and circadian rhythms in health and wellbeing. It will serve as a forum for advancing behavioral sleep medicine through collaboration among members, increasing sleep-related program presentations and workshops at conferences, and supporting junior investigators who have interests in sleep research, clinical assessment and treatment of sleep disorders, and community and organizational policy. After its first meeting, the Group-in-Formation will become an official pending the development and implementation of a democratic process for selecting and rotating officers, and approval from the Council Chair. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable Columbia 10 Moderators: Clement Gwede, PhD Lee Moffitt Cancer Center, Tampa, FL; Jamilia Sly, PhD School Medicine at Mount Sinai, New York The business meeting will convene members to discuss several business matters including mentoring, student and early career awards leadership, 2016 sessions, and future activities and conference planning. We plan to present the recipients of our annual student and early-career research abstract awards. The award winners will each give a 5-minute overview of their study. We will also present the mentoring award to an member who has demonstrated outstanding mentoring qualities, particularly for ethnic minorities. Finally, we will acknowledge the dedication and commitment of an member through our first annual service award. The remainder of the meeting will be dedicated to reviewing business. This will include a review of activities in the past year, the current pre-conference day and mentoring sessions and symposia, financial reports from the last year and co-chair election results (and transition of new co-chair). The will have a brief discussion of potential topics and next steps the should focus on in 2016-2017. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Health Decision Making Business Meeting Columbia 11 Moderators: Christine Rini, PhD, University of North Carolina at Chapel Hill, Chapel Hill, NC; Sarah Lillie, PhD, Minneapolis Center for Chronic Disease Outcomes Research, Minneapolis The Health Decision Making will provide a preview of this year\u2019s sponsored events, discuss future goals, host the Annual Awards Ceremony, elect new leadership, and serve as a meet-and-greet. This session is not available for credit 30 2, 2016 35 Washington 37TH 31, 2016 8:15 a.m \u2013 9:30 a.m. Symposium 1: New Approaches to Obesity Prevention and Treatment: Findings From the Obesity- Related Behavioral Intervention Trials (ORBIT) International Ballroom East Content area: Obesity Instructional level: Beginner/intermediate Chair: Susan M. Czajkowski, PhD, National Heart, Lung, and Blood Institute, NIH, Bethesda Presenters: Hollie Raynor, PhD, RD, University of Tennessee, Knoxville, TN; Angela J. Jacques-Tiura, PhD, Wayne State University, Detroit, MI; and Erica Phillips, MD, MS, Weill Cornell Medical College, New York Discussant: Bonnie Spring, PhD, Northwestern University, Chicago 8:15 a.m. \u2013 9:30 a.m. Symposium 2: Novel Intervention Strategies for Reducing Sedentary Behavior in the Workplace International Ballroom West Content area: Other Instructional level: Intermediate Chair: Emily L. Mailey, PhD, Kansas State University, Manhattan Presenters: Matthew Buman, PhD, Airzonia State University, Phoenix, AZ; and Lucas Carr, PhD, University of Iowa, Iowa City Discussant: Abby King, PhD, Stanford University School of Medicine, Stanford 8:15 a.m. \u2013 9:30 a.m. Symposium 3: Best Practices and Lessons Learned: Using Technologies in Cancer Prevention and Cancer Control Interventions Lincoln East Content area: Other Instructional level: Intermediate Chair: Maria Swartz, PhD, MPH, RD, University of Texas Medical Branch, Missouri City Presenters: Karen Basen-Enquist, BA, MPH, PHD, University of Texas Anderson Cancer Center, Houston, TX; Carmina G. Valle, PhD, MPH, University of North Carolina at Chapel Hill, Chapel Hill, NC; Elizabeth Lyons, PhD, MPH, University of Texas Medical Branch, Galveston, TX; and Susan K. Peterson, PhD, MPH, The University of Texas Anderson Cancer Center, Houston Discussant: David K. Ahern, PhD, National Cancer Institute, Rockville 8:15 a.m. \u2013 9:30 a.m. Symposium 4: Military and Veterans\u2019 Health Presents: Managing Complex Patients in Patient Centered Medical Homes: Lessons Learned from the Veterans Health Administration Lincoln West Content area: Primary Care Instructional level: Intermediate/advanced Chair: David E. Goodrich, EdD, Center for Clinical Management Research Ann Arbor HCS, Ann Arbor Presenters: Matthew L. Maciejewski, PhD, Durham Medical Center and Duke University, Durham, NC; Evelyn Chang Greater Los Angeles Healthcare System, Los Angeles, CA; and Karin Nelson Puget Sound, Seattle Discussant: Stephan D. Fihn, MD, MPH, FACP, Veterans Health Administration, Seattle 30 2, 2016 36 Washington 31, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 5: Diabetes Presents: Burden of Physical and Psychological Challenges in People with Diabetes as they Manage Their Efforts to Follow Health Behaviors Georgetown East Content area: Diabetes Instruction level: Intermediate Chair: Barbara Stetson, PhD, University of Louisville, Louisville Presenters: Amy Huebschmann, MD, MS, University of Colorado School of Medicine, Aurora, CO; Chelsea Rothschild, PhD Tennessee Valley Health Care System / University of Louisville, Murfreesboro, TN; Elizabeth A. Beverly, PhD, Ohio University, Athens, OH; and Marilyn D. Ritholz, PhD, Joslin Diabetes Center, Boston Discussant: Willliam Tynan, PhD, American Psychological Association, Washington 8:15 a.m. \u2013 9:30 a.m. Symposium 6: Addressing Health Disparities Faced by Black and Latina Women: Research Participation, Health Risks, Health Care Utilization Georgetown West Content area: Other Instructional level: Intermediate Chair: Lisa Rosenthal, PhD, Pace University, New York Presenters: Nicole M. Overstreet, PhD, Clark University, Worcester, MA; and Cheryl L. Woods-Giscombe, PhD, PMHNP, The University of North Carolina at Chapel Hill, Chapel Hill Discussant: Tene Lewis, PhD, Emory University, Rollins School of Public Health, Atlanta 8:15 a.m. \u2013 9:30 a.m. Symposium 7: Does Location Really Matter? An In-Depth Look at Indoor Tanning in Salons, Private Homes, and Other Non-Salon Locations Jefferson East Content area: Cancer Instructional level: Beginner/intermediate Chair: Dawn Holman, MPH, Centers for Disease Control and Prevention, Division of Cancer Prevention and Control, Atlanta Presenters: Sherry Pagoto, PhD, University of Massachusetts Medical School, Worcester, MA; Lori A. Crane, PhD, MPH, University of Colorado Anschutz Medical Campus, Aurora, CO; and Joel Hillhouse, PhD, East Tenneessee State University, Johnson City Discussant: Alan Geller, MPH, Harvard School of Public Health, Boston 8:15 a.m. \u2013 9:30 a.m. Symposium 8: Technology Presents: Bridging the Digital Divide in Healthcare: Can Behavioral Medicine Help? Jefferson West Content area: Other Instructional level: Beginner/intermediate Chair: Bradford W. Hesse, PhD, National Cancer Institute, Bethesda Presenters: Timothy Bickmore, PhD, Northeastern University, Boston, MA; Camille Nebeker, EdD San Diego School of Medicine, La Jolla, CA; and Michael C. Gibbons, MD, MPH, Federal Communications Commission, Washington Discussant: Lila Finney Rutten, PhD, MPH, Mayo Clinic, Rochester 30 2, 2016 37 Washington 37TH 31, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 9: Promoting Practical Adherence Interventions at the Patient, Provider, and System Levels. Monroe Content area: Other Instructional level: Intermediate Chairs: Michael J. Stirratt, PhD Division of Research, Bethesda, MD; Janet de Moor, PhD, MPH, National Cancer Institute, Bethesda Presenters: Frank Treiber, PhD, Medical University of South Carolina, Charleston, SC; Deborah Jones, PhD, University of Miami, Miami, FL; Niteesh Choudhry, MD, PhD, Harvard Medical School, Boston 8:15 a.m. \u2013 9:30 a.m. Symposium 10: If the Body Says, \u201cYes,\u201d Does the Brain Say, \u201cNo\u201d? Neurocognitive Perspectives on Risky Sexual Behavior and Decision Making Fairchild Content area Instructional level: Intermediate Chair: Angela Bryan, PhD, University of Colorado Boulder, Boulder, CO; Sarah W. Feldstein Ewing, PhD, Oregon Health & Science University, Portland Presenters: H. Jonathon Rendina, PhD, MPH, Hunter College, CUNY, New York, NY; Casey K. Gardiner, AB, University of Colorado Boulder, Boulder, CO; and Sarah W. Feldstein Ewing, PhD, Oregon Health & Science University, Portland Discussant: Marguerita Lightfoot, PhD, University of California, San Francisco, San Francisco 8:15 a.m. \u2013 9:30 a.m. Symposium 11: Military and Veterans\u2019 Health Presents: Chronic Condition Management and Prevention among Veterans Cabinet Content area: Other Instructional level: Beginner/intermediate Chair: Jeffrey P. Haibach, PhD, MPH, Department of Veterans Affairs, Pittsburgh Presenters: Tannaz Moin Greater Los Angeles and David Geffen School of Medicine at UCLA, Los Angeles, CA; and Samantha D. Outcalt, PhD, ABPP, Roudebush Medical Center, Indianapolis Discussant: Robert D. Kerns, PhD Connecticut Healthcare System, West Haven 8:15 a.m. \u2013 9:30 a.m. Symposium 12: Null Findings: Women\u2019s Health Presents: Lessons Learned When P>.05 Columbia 6 Content area: Methods Instructional level: Intermediate/advanced Chair: Jennifer L. Huberty, PhD, Arizona State University, Phoenix Presenters: Sherry Pagoto, PhD, University of Massachusetts Medical School, Worcester, MA; and Gary Bennett, PhD, Duke University, Raleigh Discussant: Eric Hekler, PhD, Arizona State University, Phoenix 8:15 a.m. \u2013 9:30 a.m. Symposium 13: Socioeconomic Status and Cancer: How Does it Work? Columbia 8 Content area: Cancer Instructional level: Intermediate Chair/Discussant: Deborah Bowen, PhD, University of Washington, Seattle Presenters: Arnold L. Potosky, Georgetown University Medical Center, Washington, DC; Felisa Gonzales, PhD, National Cancer Institute, Rockville, MD; and Aimee James, PhD, MPH, Washington University in St Louis School of Medicine, St Louis 30 2, 2016 38 Washington 31, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 14: Reducing Childhood Obesity Disparities: Insights from Global Strategies to Achieve Health Equity Columbia 9 Content area: Obesity Instructional level: Beginner Chair: Vivica I. Kraak, PhD, RD, Virginia Tech, Blacksburg Presenters: Shiriki Kumanyika, PhD, MPH, African American Collaborative Obesity Research Network and Research Professor in Community Health and Prevention, Drexel University School of Public Health, Philadelphia, PA; Tim Lobstein, PhD, World Obesity Federation, London, United Kingdom; and Nicola Dawkins-Lyn, PhD International, Atlanta Discussant: Karabi Archarya, ScD, MHS, Robert Wood Johnson Foundation, Princeton 8:15 a.m. \u2013 9:30 a.m. Symposium 15: Diverse Approaches and Techniques for Motivating Quit Attempts in Smokers Who are Not Ready to Quit and Assisting Smokers to Quit Columbia 10 Content area: Smoking/tobacco Instructional level: Intermediate/Advanced Chair/Discussant: Alison J. Wearden, BSc, MSc, PhD, University of Manchester, UK, Manchester, United Kingdom Presenters: Belinda Borrelli, BA, MA, PhD, Henry Goldman School of Dental Medicine, Boston University, Boston, MA; Christopher J. Armitage, BA, PhD, CPsychol, University of Manchester, Manchester, United Kingdom; and Kiera Bartlett, BSc, MSc, PhD, University of Manchester, Manchester, United Kingdom 8:15 a.m. \u2013 9:30 a.m. Symposium 16: Military and Veterans\u2019 Health Presents: Impacts of Binge Eating on Health: An Update on Assessment, Treatment, Outcomes, and Potential Mechanisms Columbia 11 Content area: Obesity Instructional level: Beginner Chair: Mindy L. McEntee, MS, University of New Mexico, Albuquerque Presenters: Lindsey Dorflinger, PhD Connecticut Healthcare System, West Haven, CT; and Adrienne Juarascio, PhD, Drexel University, Philadelphia Discussant: Niloofar Afari, PhD, University of CA, San Diego Center of Excellence for Stress and Mental Health, La Jolla 8:15 a.m. \u2013 9:30 a.m. Symposium 17: Health Decision Making Presents: Affect and Cognition in Health Decision Making: The Nature and Complexity of Their Relations and Effects on Health Decisions Columbia 12 Content area: Risk and decision making Instructional level: Intermediate Chair: Marc T. Kiviniemi, PhD, University at Buffalo, SUNY, Buffalo Presenters: Erin M. Ellis, MPH, PhD, National Cancer Institute, Silver Spring, MD; Jennifer L. Moss, PhD, National Cancer Institute, Rockville, MD; and Marissa G. Hall, MSPH, University of North Carolina, Chapel Hill Discussant: William Klein, PhD, National Cancer Institute, Rockville 30 2, 2016 39 Washington 37TH 31, 2016 9:45 a.m. \u2013 10:45 a.m. Opening Keynote: Behavioral Medicine Goes Digital: Advancing and Scaling Effective Interventions through Technology and Design Presenter: Sean Duffy, Omada Health, San Francisco Mr. Duffy is co-founder and of Omada Health. He will discuss results from Omada Health\u2019s online diabetes prevention program, marketed to employers and health plans. The diabetes prevention program engages patients in 16 weeks of interactive sessions that include personalized coaching. 9:45 a.m. \u2013 10:45 a.m. Opening Keynote: Behavioral Medicine Goes Digital: Advancing and Scaling Effective Interventions through Technology and Design Presenter: Sean Duffy, Omada Health, San Francisco Mr. Duffy is co-founder and of Omada Health. He will discuss results from Omada Health\u2019s online diabetes prevention program, marketed to employers and health plans. The diabetes prevention program engages patients in 16 weeks of interactive sessions that include personalized coaching. 11 a.m. \u2013 12 p.m. Midday Meetings Midday meetings are interactive meetings sponsored by one of SBM\u2019s various special interest groups (SIGs), councils, or committees. 1 a.m. \u2013 12 p.m. Midday Meeting: Student Presents: Internship Meet and Greet Cabinet Moderators: Brenna N. Renn, MA, Baylor College of Medicine, Houston, TX; Courtney Stevens, MA, University of Colorado-Boulder, Boulder This informal and interactive meet-and-greet will feature representatives and/or current interns from several Psychology internship sites that provide specialized training in behavioral medicine. Come prepared to network, learn about site-specific training opportunities, and get your questions answered. This session is not available for credit 30 2, 2016 40 Washington 31, 2016 11 a.m. \u2013 12 p.m. Midday Meeting: Physical Activity Presents: Meet the Physical Activity Expert Columbia 6 Melissa A. Napolitano, PhD, George Washington University, Washington, DC; Beth Lewis, PhD, University of Minnesota, Minneapolis The purpose of this mid-day meeting is to provide an opportunity for junior members to meet with experts in the physical activity field. The experts will include Abby King (older adults, state-of-the-art communication technologies; community-based participatory research perspectives to address health disparities among disadvantaged populations), Bess Marcus (theory-based measurement and interventions, technology and behavioral medicine, culturally tailored interventions), Loretta DiPietro (aging and physical activity, accelerometry, metabolic risk factors, physical activity and public health), Cheryl Albright (interventions targeting sedentary behaviors, physical activity, and obesity/weight management using technology such as Google TV). One or two additional experts will be added depending on interest. This mid-day session will create a helpful environment to assist junior researchers in advancing their own science. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Scientific and Professional Liaison Council, Tech SIG, and AMIA, Co-Sponsored: The State of Science in Applying Bioinformatics to Enhance Patient Engagement. Columbia 8 Moderators: Miho Tanaka, PhD, MPH, Department of Veterans Affairs, Washington David Ahern, PhD, Brigham Women\u2019s Hospital, Boston Sherri Sheinfeld Gorin, PhD, Columbia University NCI, New York, NY; Doug Fridsma,MD, PhD; Karen Greenwood, Nancy Lorenzi, PhD AMIA, Bethesda, Maryland The Scientific and Professional Liaison Council (SPLC) of the Society of Behavioral Medicine (SBM) is collaborating with the American Informatics Association (proposed) and the Tech to propose a mid-day session. The mission of SBM\u2019s is to develop and foster joint interdisciplinary programs and services with other scientific and professional organizations; we can also coordinate the overall (official) interests of with external organizations. To enrich our liaison with AMIA, we plan to bring informatics researchers and behavioral scientists together to identify good practices for the use of information technology to facilitate patient engagement/patient-centered care. Together, we will identify the key factors for linking the use of technology with enhanced patient engagement and patient centered care. By the time of the Annual Conference expects to publish a special issue on this increasingly important topic. If so, we also expect to bring the authors who have contributed to this special issue to the midday session. Due to innovations in mobile apps and social media technologies, opportunities to enhance patient engagement in health care are great. Many health care plans and research entities have implemented mobile apps and social media approaches to engage patients in medical decision- making and self-management of their health conditions. The impact of these technology-mediated interventions on patient-centered care is not yet fully understood, however, either conceptually or empirically. We have limited scientific knowledge about the types of informatics tools or interventions that facilitate patient engagement/patient centered care, what types of intervention designs are promising, and in which healthcare contexts the informatics tools/interventions seem to work best. These are critical questions to be explored by both the informatics and behavioral sciences during this midday session. Through collaborating on this midday session will be able to highlight their work on the topic (through JAMIA), which is of interest of the membership, and reach additional audience and readership. At the same time, through this new collaboration opportunity, the and the could discuss how workgroups and special interest groups in respective societies could collaborate in coming years This session is not available for credit 30 2, 2016 41 Washington 37TH 31, 2016 11 a.m. \u2013 12 p.m. Midday Meeting: Cancer Presents: Tips for Mid-Level Career Awards: An Interactive Discussion Columbia 9 Moderator: Elyse R. Park, PhD, MPH, Massachusetts General Hospital, Boston This mid-day session will comprise a panel discussion focused on key tips, strategies, and lessons learned for successful mid-level career navigation. Panelists will discuss planning, writing and implementing an K24 (midcareer investigator award) mechanism with associated mentorship and training activities. Panel members will represent the and successful K24 awardees. The session will be highly interactive; audience members will have ample opportunities to participate in the discussion and ask questions of the panel. This session is being organized by the Cancer Mentoring Committee. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Child and Family Health Meeting Columbia 10 Moderator: Bernard Fuemmeler, PhD, MPH, Duke University Medical Center, Durham This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Complimentary and Integrative Medicine Presents: National Center for Complementary and Integrative Health Research Priorities and Funding Opportunities in Behavioral Medicine Columbia 11 Moderator: Crystal Park, PhD, University of Connecticut, Storrs Dr. Weber is the Chief of the Clinical Research in Complementary and Integrative Health Branch at NCCIH, NIH. She will provide an overview of the most recent data on the utilization of complementary and integrative health approaches as measured in the 2012 survey; a summary of current research priorities related to behavioral medicine; an overview of the Framework for clinical research of non- pharmacological interventions; and currently available funding opportunities for behavioral medicine research at and NIH. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Student Presents: Non-Traditional Careers in Behavioral Medicine Columbia 12 Moderator: Alesha G. Hruska, MPH, MCHES, University of the Sciences, Philadelphia In celebration of the diversity of disciplines with in and renewed focus on innovations in the field, the Student will host a variety of panelists from \u201cnontraditional\u201d careers. This session will broaden the scope of possibilities for students, postdocs, and early career professionals to career paths outside of clinical practice and academia. This session is not available for credit 11 a.m. \u2013 12 p.m. Panel Discussion 1: Uncle Sam Wants You to Get an Training Grant: Everything You Need to Know About Applying for Pre-doctoral Grant Funding International Ballroom East Content area: Education, Training and/or Career Development Instructional level: Beginner/intermediate Panelists: Evan Forman, PhD, Drexel University, Philadelphia, PA; Nancy Sherwood, PhD, HealthPartners Institute for Education and Research, Bloomington, MN; Scherezade K. Mama, DrPH, The Pennsylvania State University, University Park, PA; and Jessica F. Magidson, PhD Massachusetts General Hospital/Harvard Medical School, Boston 30 2, 2016 42 Washington 31, 2016 11 a.m. \u2013 12 p.m. Panel Discussion 2: Graduate Student Research Panel Discussion International Ballroom West Content area: Education, Training and/or Career Development Instructional level: Beginner/intermediate Panelists: Barbara Stetson, PhD, University of Louisville, Louisville, KY; Georita Frierson, PhD, Rowan University, Glassboro, NJ; Ashley K. Day, PhD, Rutgers, The State University of New Jersey, New Brunswick, NJ; and Jamie Bodenlos, PhD, Hobart and William Smith Colleges, Geneva 11 a.m. \u2013 12 p.m. Panel Discussion 3: The Nuts and Bolts of Bits and Bytes Researcher\u2019s Primer on Working with Technologists to Build Effective and Fundable Projects Lincoln East Content area: Other Instructional level: Intermediate/Advanced Panelists: J. Graham Thomas, PhD, Alpert Medical School of Brown University & The Miriam Hospital, Providence, RI; Jon Moon, PhD Research, Edina, MN; Adam Hoover, PhD, Clemson University, Clemson, SC; Wendy Nilsen, PhD, National Science Foundation, Arlington, VA; and Carly Michelle. Goldstein, PhD, Alpert Medical School of Brown University/The Miriam Hospital Weight Control and Diabetes Research Center, Providence Not eligible for continuing education credit 11 a.m. \u2013 12 p.m. Panel Discussion 4: Strategies for Integrating Wearable Technologies into Behavior Change Interventions Lincoln West Content area: Physical Activity Instructional level: Beginner/intermediate Panelists: Mathew J. Gregoski, PhD, MS, Medical University of South Carolina, Charleston, SC; Eric Hekler, PhD, Arizona State University, Phoenix, AZ; Matthew Buman, PhD, Arizona State University, Phoenix, AZ; and Aaron Coleman, and Praduman Jain, BS, MS, Vibrent Health, Fairfax Not eligible for continuing education credit 11 a.m. \u2013 12 p.m. Panel Discussion 5: Openness, Integrity, and Reproducibility Frank Discussion About How to Get There Georgetown East Content area: Other Instructional level: Intermediate Panelists: Melissa Riddle, PhD, National Institute of Dental and Craniofacial Research, NIH, Bethesda, MD; Wendy Weber, ND, PhD, MPH, National Center for Complementary and Integrative Health (NCCIH), NIH, Bethesda, MD; Michelle Culp, BSN, MPH, National Center for Advancing Translational Science, NIH, Bethesda, MD; and Courtney Soderberg, PhD, Center for Open Science, Charlottesville 11 a.m. \u2013 12 p.m. Panel Discussion 6: Using Social Media for Health Promotion among U.S. Latinos Georgetown West Content area: Obesity Instructional level: Beginner/intermediate Panelists: Amelie Ramirez, DrPH, University of Health Science Center of San Antonio, San Antonio, TX; and Carlos Valenzuela University of Texas Health Science Center-San Antonio, San Antonio 30 2, 2016 43 Washington 37TH 31, 2016 11 a.m. \u2013 12 p.m. Panel Discussion 7: Military and Veterans\u2019 Health Presents: Behavioral Health in Military Veterans: Challenges and Opportunities for Health Promotion Jefferson East Content area: Other Instructional level: Beginner/intermediate Panelists: Jaime M. Hughes, MPH, MSW, University of North Carolina at Chapel Hill, Cary, NC; and Jeffrey P. Haibach, PhD, MPH, Department of Veterans Affairs, Pittsburgh 11 a.m. \u2013 12 p.m. Panel Discussion 8: Applying Successful Tobacco Control Strategies to Reduce Strategies to Reduce Indoor Tanning Jefferson West Content area: Cancer Intermediate/Advanced Panelists: Elliot J. Coups, PhD, Rutgers, The State University of New Jersey, New Brunswick, NJ; Sherry Pagoto, PhD, University of Massachusetts Medical School, Worcester, MA; Alan Geller, MPH, Harvard School of Public Health, Boston, MA; Markham Luke, MD, PhD, Center for Devices and Radiological Health, FDA, Gaithersburg, MD; and Cindy Tworek, PhD, MPH, Center for Tobacco Products/FDA, Silver Spring 11 a.m. \u2013 12 p.m. Panel Discussion 9: Technology Presents: How Behavioral Scientists Using 21st Century Research Tools and Methods can inform an Ethical Learning System Monroe Content area: Other Instructional level: Beginner/intermediate Panelists: Camille Nebeker, EdD San Diego School of Medicine, La Jolla, CA; and Cinnamon S. Bloss, PhD, University of California, San Diego, La Jolla 11 a.m. \u2013 12 p.m. Panel Discussion 10: Adapting Mindfulness-Based Interventions for Minority Populations Fairchild Content area: Complementary and Integrative Medicine Instructional level: Beginner/intermediate Panelists: Amanda J. Shallcross, ND, MPH, New York University, School of Medicine, New York, NY; Tanya Spruill, PhD School of Medicine, New York, NY; and Rakale C. Quarells, PhD, Morehouse School of Medicine, Atlanta 11:30 a.m. \u2013 1:30 p.m. Exhibit Hall Open Stop by vendors\u2019 tables in the exhibit hall. 12 p.m. \u2013 1 p.m. Null Results Poster Session We all know that not all studies come out as hypothesized and that there is much to learn from what doesn\u2019t go as planned. For the first time, SBM\u2019s Annual Meeting will offer a poster session highlighting findings that did not come out significant (statistically or clinically). Please join your colleagues in sharing what you learned and how it shaped your future research 30 2, 2016 44 Washington 31, 2016 2:30 p.m. \u2013 1:30 p.m. Jessie Gruman Master Lecture Presenter: Michael G. Goldstein, MD, Veterans Health Administration, Durham Dr. Goldstein is associate chief consultant for preventive medicine in the Office of Patient Care Services with the Veterans Health Administration National Center for Health Promotion and Disease Prevention. He was the 2015 recipient of SBM\u2019s Jessie Gruman Award for Health Engagement. He will discuss clinician-patient communication, specifically interventions that enhance clinician delivery of health behavior counseling and health engagement. 12:30 p.m. \u2013 1:30 p.m. Paper session 1: Quality of Life in Young Adult Cancer Survivors International Ballroom West Content areas: Cancer and mental health Instructional level: Beginner/intermediate Chair: 12:30 p.m. -12:45 p.m. Perceptions of Oncofertility and Associations with Quality of Life among Young Survivors of Pediatric Cancer Darren Mays, PhD, MPH, Andrea Johnson, MPH, CHES, and Sarah Murphy, BA, Georgetown University Medical Center/Lombardi Comprehensive Cancer Center, Washington, DC; Aziza T. Shad, MD, MedStar Georgetown University Hospital, Washington, DC; and Kenneth Tercyak, PhD, Georgetown University Medical Center/Lombardi Comprehensive Cancer Center, Washington 12:45 p.m. \u2013 1 p.m. Measuring Quality of Life in Adolescents and Young Adults with Concern Promising Solution? John M. Salsman, PhD, Wake Forest School of Medicine, Winston-Salem, NC; Mallory A. Snyder, MPH, Northwestern University Feinberg School of Medicine, Chicago, IL; Brad Zebrack, PhD, MSW, MPH, University of Michigan, Ann Arbor, MI; Bryce B. Reeve, PhD, University of North Carolina, Chapel Hill, NC; and Edith Chen, PhD, Northwestern University, Evanston 1 p.m. \u2013 1:15 p.m. Financial Burden and Mental Health Outcomes in Younger Cancer Survivors Kevin M. Camstra, BS, Johns Hopkins University, Bethesda, MD; Tania Lobo, MS, Charlene C. Kuo, MPH, Lindsay Wright, BA, and Arnold Potosky, PhD, Georgetown University, Washington, DC; Carol M. Moinpour, PhD, Fred Hutchinson Cancer Research Center, Seattle, WA; and Roxanne E. Jensen, PhD, Georgetown University, Washington 1:15 p.m. \u2013 1:30 p.m. Accuracy of the Prime in Young Adult Cancer Survivors: Comparison with Structured Diagnostic Interview Christopher J. Recklitis, PhD, MPH, and Jaime E. Blackmon, MA, Dana-Farber Cancer Institute, Boston, MA; Anthony Roman, MA, University of Massachusetts Boston, Boston, MA; and Grace Chang, MD, MPH, Harvard Medical School, Boston 12:30 p.m. \u2013 1:30 p.m. Paper session 2: Emerging Tobacco Products Lincoln East Content area: Smoking/tobacco Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Initiation of Waterpipe Tobacco Smoking Nationally Representative Longitudinal Study of U.S. Young Adults Jaime E. Sidani, PhD, MPH, CHES, Ariel Shensa, MA, Maharsi Naidu, Saul Shiffman, PhD, and Brian A. Primack, MD, PhD, University of Pittsburgh, Pittsburgh 12:45 p.m. \u2013 1 p.m. Initiation of Cigarette Smoking After E-Cigarette Use Nationally Representative Study Brian A. Primack, MD, PhD, Ariel Shensa, MA, Jaime E. Sidani, PhD, MPH, CHES, and Beth L. Hoffman, ScB, University of Pittsburgh, Pittsburgh, PA; Samir Soneji, PhD, Dartmouth Institute for Health Policy and Clinical Practice, Lebanon, NH; Michael J. Fine, MD, MSc, and A. Everette James, JD, MBA, University of Pittsburgh, Pittsburgh, PA; and James D. Sargent, MD, Dartmouth College, Lebanon 30 2, 2016 45 Washington 37TH 31, 2016 1 p.m. \u2013 1:15 p.m. E-Cigarette use and Intentions/Attempts to Quit Smoking among Sexual Minority versus Sexual Majority Smokers in the United States Xiaoquan Zhao, PhD, George Mason University, Fairfax, VA; Leah Hoffman, MPH, Food and Drug Administration Center for Tobacco Products, Silver Spring, MD; Tesfa N. Alexander, PhD, Food and Drug Administration, Silver Spring, MD; and Janine Delahanty, PhD, Food and Drug Administration Center for Tobacco Products, Silver Spring 1:15 p.m. \u2013 1:30 p.m. The Impact of E-Cigarette Warning Labels among Young Adult Non-Smokers Darren Mays, PhD, MPH, Georgetown University Medical Center/Lombardi Comprehensive Cancer Center, Washington, DC; Clayton Smith, BA, Georgetown University School of Medicine, Washington, DC; Andrea Johnson, MPH, CHES, and Kenneth Tercyak, PhD, Georgetown University Medical Center/Lombardi Comprehensive Cancer Center, Washington, DC; and Raymond Niaura, PhD, Schroeder Institute for Tobacco Research and Policy Studies, Washington 12:30 p.m. \u2013 1:30 p.m. Paper Session 3: Digital Weight Loss Approaches in Young Adults Lincoln West Content areas: Nutrition and obesity Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Improving Confidence to Eat Better among Young Adults: Differences in Three Month Findings of the Menu Geny Online Intervention Gwen L. Alexander, MPH, PhD, Henry Ford Health System, Detroit, MI; Ken A. Resnicow, PhD, University of Michigan, Ann Arbor, MI; Andrew Taylor, MS, Henry Ford Health System, Detroit, MI; and Margaret Rukstalis, MD, Geisinger Health System, Danville 12:45 p.m. \u2013 1 p.m. Serious Games for Weight Loss Novel Approach to Attract, Engage, and Promote Weight Loss in High-Risk Young Adults Tricia Leahey, PhD, University of Connecticut, Storrs, CT; Jessica Gokee LaRose, PhD, Virginia Commonwealth University School of Medicine, Richmond, VA; and Jamie Rosen, WayBetter Inc., New York 1 p.m. \u2013 1:15 pm. Feasibility and Acceptability of iTeen, a Social Media Weight Gain Prevention Study for Health Disparity of Adolescent Girls Jessica Whiteley, PhD, and Julie Wright, PhD, University of Massachusetts Boston, Boston, MA; Scott E. Crouter, PhD, FACSM, University of Tennessee, Knoxville, TN; and Laurie Milliken, PhD, and Jamie Faro, MS, University of Massachusetts Boston, Boston 1:15 p.m. \u2013 1:30 p.m. Young Adults\u2019 Performance in an Internet-Based Weight Loss Program with Modest Financial Incentives Jessica Gokee LaRose, PhD, Virginia Commonwealth University School of Medicine, Richmond, VA; Tricia Leahey, PhD, University of Connecticut, Storrs, CT; Autumn Lanoye, MS, Virginia Commonwealth University, Richmond, VA; and Rena R. Wing, PhD, The Miriam Hospital, Providence Not eligible for continuing education credit 12:30 p.m. \u2013 1:30 p.m. Paper Session 4: Emotion and Eating Behavior Georgetown East Content area: Obesity Instructional level: Beginner/intermediate Chair: 12:30 p.m. -12:45 p.m. Disordered Eating Behaviors: Does High Food Reward Sensitivity Increase Risk? Miriam H. Eisenberg, PhD, Tonja R. Nansel, PhD, Leah M. Lipsky, PhD, MHS, Katherine W. Dempster, BS, Danping Liu, PhD, and Denise Haynie, PhD, MPH, National Institute of Child Health and Human Development, Bethesda 30 2, 2016 46 Washington 31, 2016 12:45 p.m. \u2013 1 p.m. Using Ecological Momentary Assessment to Examine Post-Food Consumption Affect in Moms Yue Liao, MPH, PhD, CPH, and Susan M. Schembre, PhD, University of Texas Anderson Cancer Center, Houston, TX; and Genevieve F. Dunton, PhD, MPH, University of Southern California, Los Angeles 1 p.m. \u2013 1:15 p.m. Introspective Awareness and Emotional Eating: The Role of the Appetite and Emotional Awareness Anastasia Sokol, MA, Edie Goldbacher, PhD, and Kelly McClure, PhD, La Salle University, Philadelphia, PA; and Cori E. McMahon, PsyD Anderson Cancer Center at Cooper University Hospital, Woodbury 1:15 p.m. \u2013 1:30 p.m. Low Distress Tolerance, Overeating, and Food Addiction among Overweight Residents from Metropolitan Detroit Cities Andrea T. Kozak, PhD, Jessica E. Davis, BA, Ryan Brown, BA, and Matthew Grabowski, BA, Oakland University, Rochester 12:30 p.m. \u2013 1:30 p.m. Paper Session 5: Predictors and Prevalence of Indoor Tanning Georgetown West Content areas: Cancer and child/adolescent health Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 Is Initiating Tanning Bed Use as a Minor Associated with Risky Tanning Behaviors? Andrew B. Seidenberg, MPH, Seth Noar, PhD, and Jennah Sontag, MA, University of North Carolina, Chapel Hill 12:45 p.m. \u2013 1 p.m. The Warning and Safety Regulatory Experiences of Young Women at Indoor Tanning Salons Ashley K. Day, PhD, Jerod L. Stapleton, PhD, Sharon Manne, PhD, and Elliot J. Coups, PhD, Rutgers Cancer Institute of New Jersey, New Brunswick 1 p.m. \u2013 1:15 p.m. Toxic Beauty: The Infiltration of Botox and Tanning in Gyms, Beauty Salons, and Spas in Seven U.S. Cities S. Bryn Austin, ScD, Harvard T.H. Chan School of Public Health, Boston, MA; Allegra Gordon, ScD, MPH, Boston Children\u2019s Hospital, Boston, MA; Jeffrey Blossom, MA, Center for Geographic Analysis at Harvard University, Cambridge, MA; and David Williams, PhD, Boston Children\u2019s Hospital, Boston 1:15 p.m. \u2013 1:30 p.m. Association of Age at Indoor Tanning Initiation and Current Use among Students at Three U.S. Colleges Survey of 837 Students Casey Daniel, PhD, MPH, and Alan Geller, MPH, Harvard T.H. Chan School of Public Health, Boston, MA; Jennifer Hay, PhD, Memorial Sloan Kettering Cancer Center, New York, NY; and Brooke Foucault Welles, PhD, Northeastern University, Boston 12:30 p.m. \u2013 1:30 p.m. Paper Session 6: Motivational Interviewing and Health Coaching Jefferson East Content areas: Cardiovascular, primary care, mental health, obesity Instructional level: Beginner/ intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Mechanisms for Motivational Interviewing for Depression in Primary Care Bethany M. Kwan, PhD, MSPH, University of Colorado School of Medicine, Aurora, CO; Sam Hubley, PhD, University of Colorado Denver, Denver, CO; and Robert Keeley, MD, MSPH, Denver Health, Denver 12:45 p.m. \u2013 1 p.m. Effects of a Four-Session Motivational Interviewing Intervention on Patient Adherence to Cardiac Rehabilitation Angele McGrady, PhD, PCC, Rachel Sieke, BS, and Dalynn Badenhop, PhD, University of Toledo, Toledo 30 2, 2016 47 Washington 37TH 31, 2016 1 p.m. \u2013 1:15 p.m. Technology Enhanced Health Coaching for Vulnerable Populations: Engagement with Coaching and Early Outcomes Emily Spence-Almaguer, PhD, Danielle Rohr, MS, Katherine Cantu, CHES, Kwynn Gonzalez-Pons, BS, Shlesma Chhetri, BS, Scott Walters, PhD, and Whitney Hill, MPH, University of North Texas Health Science Center, Fort Worth 1:15 p.m. \u2013 1:30 p.m. Impact of Motivational Interviewing on Attrition in a Parent-Exclusive Pediatric Obesity Intervention. Melanie Bean, PhD, and Amy Jeffers, MS, Virginia Commonwealth University, Richmond, VA; Laura M. Thornton, PhD, University of North Carolina, Chapel Hill, NC; and Rachel Gow, PhD, and Suzanne Mazzeo, PhD, Virginia Commonwealth University, Richmond 12:30 p.m. \u2013 1:30 p.m. Paper Session 7: Online and mHealth Interventions Jefferson West Content areas: Transplant, physical activity, HIV/AIDS, diabetes Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Using eHealth to Engage Asian/Pacific Islander Undergraduates in Decision to Be an Organ Donor on their Adult Driver\u2019s License Cheryl L. Albright, PhD, MPH, Kara Saiki, MPH, Lynne Wilkens, DrPH, MS, and Ashley M. Biddle, MA, University of Hawaii, Honolulu 12:45 p.m. \u2013 1 p.m. Promoting Physical Activity among Overweight Women Using Wearable Technology and Online Social Networking Danielle Arigo, PhD, University of Scranton, Scranton 1 p.m. \u2013 1:15 p.m. ORCHID: Pilot Test of an Online Positive Affect Intervention for People Living with and Depression Sarah Bassett, MA, and Judith T. Moskowitz, PhD, MPH, Northwestern University Feinberg School of Medicine, Chicago, IL; and Michael Cohn, PhD, University of California-San Francisco, San Francisco 1:15 p.m. \u2013 1:30 p.m. Preventive Medicine for Those Who Need it Most: Changing Health Behaviors in India, One Text at a Time Angela Pfammatter, PhD, Northwestern University Feinberg School of Medicine, Chicago, IL; Bonnie Spring, PhD, Northwestern University, Chicago, IL; Nalini Saligram, PhD, Arogya World, Naperville, IL; Raj Dave, MBA, HealthARC Benefit Corporation, Pennington, NJ; Arun Gowda, MBBS, phamax AG, Bangalore; Linelle Blais, PhD, Emory University, Atlanta, GA; Fran Kaufman, MD, University of Southern California, Los Angeles, CA; Harish Ranjani, PhD, Madras Diabetes Research Foundation & Dr. Mohan\u2019s Diabetes Specialties Centre, Chennai, Chennai,; Om Ganda, MD, Joslin Diabetes Ctr, Boston, Boston, MA; Donald Hedeker, PhD , The University of Chicago, Chicago, IL; Sethu Reddy, PhD, Joslin Diabetes Center, Boston, MA; and Monika Arora, PhD, Public Health Foundation of India, Haryana 12:30 p.m. \u2013 1:30 p.m. Paper session 8: School-Located Obesity Interventions and Evaluations Monroe Content area: Physical activity, child/adolescent health Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Does the Impact of Physically Active Lessons on Fourth-Grade Student Physical Activity Differ by Gender, Race/Ethnicity, or Body Mass Index? Vanessa Errisuriz, MA, Natalie M. Golaszewski, MA, Esbelle M. Jowers, PhD, and John Bartholomew, PhD, University of Texas at Austin, Austin 30 2, 2016 48 Washington 31, 2016 12:45 p.m. \u2013 1 p.m. Predicting Health in Elementary School Children: The Role of Physical Activity, Weight, and Dietary Intake Noel Kulik, PhD, Erin Centeio, PhD, and Nate McCaughtry, PhD, Wayne State University, Detroit 1 p.m. \u2013 1:15 p.m. Promoting Active in the Commonwealth of Northern Marianna Islands- Evaluating Spark Implementation for K-12 Claudio Nigg, PhD, FSBM, University of Hawaii, Honolulu, HI; and Sasha Fleary, PhD, Tufts University, Medford 1:15 p.m. \u2013 1:30 p.m. School-Based Mindfulness Training to Promote Healthy Behaviors in Adolescents Pilot Study Elena Salmoirago-Blotcher, MD, PhD, Miriam Hospital/Brown University Alpert Medical School, Providence, RI; Susan Druker, MA, Florence Meleo-Meyer, MS, MA, Christine Frisard, MS, and Sybil Crawford, PhD, University of Massachusetts Medical School, Worcester, MA; Beth Bock, PhD, Miriam Hospital, Providence, RI; and Leslie Smith Frank, PA, Barbara Olendzki, RD, MPH, LDN, and Lori Pbert, PhD, University of Massachusetts Medical School, Worcester 12:30 p.m. \u2013 1:30 p.m. Paper Session 9: Associations of Religiosity and Spirituality with Health Outcomes Fairchild Content area: Spirituality Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Adverse Childhood Experience, Spirituality, and Depression Robert Whitaker, MD, MPH, Temple University, Philadelphia, PA; and Tracy Dearth-Wesley, PhD, MPH, and Kathleen Gallagher, PhD, University of North Carolina, Chapel Hill 12:45 p.m. \u2013 1 p.m. The Relationship between Religiosity and Health-Promoting Behaviors in Pregnant Women at Pregnancy Resource Centers Natalie A. Cyphers, PhD, RN, CPN, DeSales University, Center Valley, PA; Andrea D. Clements, PhD, East Tennessee State University, Johnson City, TN; and Jody L. Ralph, PhD, RN, University of North Dakota, Grand Forks 1 p.m. \u2013 1:15 p.m. Positive and Negative Influences of Religious Comfort and Anger toward God on Eating Disorder Symptoms Kallie Rohrmayer, MA, Alexis D. Abernethy, PhD, Chris Keiper, MA, and Andrene Spencer, Fuller Theological Seminary, Pasadena, CA; and Patricia Pitts, PhD, The Bella Vita Beautiful Life Psychology Group Inc., Los Angeles 1:15 p.m. \u2013 1:30 p.m. Understanding the Role of Religious Comfort and Strain on Affective Outcomes in an Inpatient Psychiatric Setting Alexis D. Abernethy, PhD, and Sarah Schnitker, PhD, Fuller Theological Seminary, Pasadena, CA; Joseph M. Currier, PhD, University of South Alabama, Mobile, AL; Katharine M. Putman, PsyD, Azusa Pacific University, Azusa, CA; Charlotte vanOyen Witvliet, PhD, Hope College, Holland, MI; Diana Ro, PsyD, and Heather Jones, MA, Fuller Theological Seminary, Pasadena, CA; and Karl J. VanHarn, DMin, and Janet Carter, Pine Rest Christian Mental Health Services, Grand Rapids 12:30 p.m. \u2013 1:30 p.m. Paper Session 10: Physical Activity and Diet Measurement Approaches Cabinet Content area: Stress, methods Instructional level: Intermediate/advanced Chair: 12:30 p.m. \u2013 12:45 p.m. No Wearable Sensors Required: Using the Mobile Phone Camera to Passively Measure Physiology for Richard R. Fletcher, PhD, Daniel Chamberlain, and Nicholas W. Paggi, BS, Massachusetts Institute of Technology, Cambridge 30 2, 2016 49 Washington 37TH 31, 2016 12:45 p.m. \u2013 1 p.m. Affective and Behavioral Predictors of Compliance to Ecological Momentary Assessment Protocols in Physical Activity Studies Eldin Dzubur, MS, and Jimi Huh, PhD, University of Southern California, Los Angeles, CA; Stephen S. Intille, PhD, Northeastern University, Boston, MA; and Genevieve F. Dunton, PhD, MPH, University of Southern California, Los Angeles 1 p.m. \u2013 1:15 p.m. Integration of Data from Actigraph and Activpal Monitors: Criterion Validity of the Method Laura Ellingson, PhD, Iowa State University, Ames, IA; Isaac Schwabacher, MS, and Jacob Meyer, PhD, University of Wisconsin, Madison, WI; Youngwon Kim, PhD, University of Cambridge, Cambridge, United Kingdom; Greg Welk, PhD, Iowa State University, Ames, IA; and Dane Cook, PhD, University of Wisconsin, Madison 1:15 p.m. \u2013 1:30 p.m. Comparison of Unhealthy Eating and Weight Control Behaviors Measures: Timeline Followback vs Ecological Momentary Assessment Chia-Kuei Lee, PhD, and Karen Stein, PhD, University of Rochester, Rochester Not eligible for Continuing education credit 12:30 p.m. \u2013 1:30 p.m. Paper Session 11: Tobacco Use in Minority Populations Columbia 6 Content area: Smoking/tobacco Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Reducing Disparities in Tobacco Use by Bolstering Support for Anti-Smoking Campaigns for Vulnerable Populations Sabeeh Baig, MS, Jessica K. Pepper, PhD, Jennifer Morgan, MPH, and Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 12:45 p.m. \u2013 1 p.m. Using Ecological Momentary Assessment to Identify Common Smoking Situations among Young Korean American Smokers Christian J. Cerrada, BS, Chaelin Karen Ra, MPH, Hee-sung Shin, MPH, Eldin Dzubur, MS, and Jimi Huh, PhD, University of Southern California, Los Angeles 1 p.m. \u2013 1:15 p.m. The Time-Varying Effect of Cigarette Smoking on Subsequent Stress among Young Korean American Smokers Christian J. Cerrada, BS, and Jimi Huh, PhD, University of Southern California, Los Angeles 1:15 p.m. \u2013 1:30 p.m. Roles of Lay Health Workers in Promoting Smoking Cessation from Asian American Smokers and Family Members\u2019 Perspectives Alice Guan, BA, BS, Janice Ka Yan Cheng, PhD, and Edgar Yu, BS, University of California-San Francisco, San Francisco, CA; Nancy Burke, PhD, University of California-Merced, Merced, CA; and Tung Nguyen, MD, and Janice Y. Tsoh, PhD, University of California-San Francisco, San Francisco 12:30 p.m. \u2013 1:30 p.m. Paper Session 12: Stress and Stress Coping Strategies Columbia 8 Content areas: Diabetes, stress, smoking/tobacco Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Peer-Delivered Cognitive Behavior Intervention Reduced Depression and Stress Monika M. Safford, MD, Susan Andreae, MPH, and Joshua Richman, MD, PhD, University of Alabama at Birmingham, Birmingham 30 2, 2016 50 Washington 31, 2016 12:45 p.m. \u2013 1 p.m. Bidirectional Influence between Stress and Decreased Physical Health Functioning over 12 Months in Postmenopausal Women Biing-Jiun Shen, PhD, Nanyang Technological University, Singapore, Singapore; and Wendy Mack, PhD, and Howard N. Hodis, MD, University of Southern California, Los Angeles 1 p.m. \u2013 1:15 p.m. Perceived Stress and Ways of Coping in African, African American, and Afro-Caribbean College Students Betty J. Braxter, PhD, Willa M. Doswell, BSN, MA, PhD, FAAN, and Elisabeth Beaudouin, BS, University of Pittsburgh, Pittsburgh 1:15 p.m. \u2013 1:30 p.m. Stress Coping Strategies among College Students: Associations with E-Cigarettes and Physical Activity Sarah Lynch, MPH, University of Colorado Denver, Denver, CO; Melissa Napolitano, PhD, George Washington University, Washington, DC; and Cassandra A. Stanton, PhD, Westat, Rockville 1:45 p.m. \u2013 3 p.m. Symposium 18: Assessing Physical Activity to Improve Exercise Prescriptions and Referrals International Ballroom Center Content area: Physical Activity Instructional level: Intermediate/advanced Chair: David E. Goodrich, EdD, Center for Clinical Management Research Ann Arbor HCS, Ann Arbor Presenters: Yvonne L. Eaglehouse, PhD, MPH, University of Pittsburgh Cancer Institute Division of Cancer Prevention and Population Sciences, Pittsburgh, PA; Joseph E. Donnelly, EdD, University of Kansas Medical Center, Kansas City, KS; and Jennifer K. Carroll, MD, MPH, University of Denver \u2013 Anschutz Medical Center, Aurora Discussant: Mark Stoutenberg, PhD, MSPH, University of Miami Miller School of Medicine, American College of Sports Medicine, Miami 1:45 p.m. \u2013 3 p.m. Symposium 19: Diabetes and Military and Veterans\u2019 Health Presents: Enhancing Diabetes Prevention Program Translation through Partnership: Key Lessons & Opportunities in Diverse Care Settings International Ballroom East Content area: Other Instructional level: Beginner/intermediate Chair: Tannaz Moin Greater Los Angeles, Los Angeles Presenters: Mona AuYoung, PhD Ann Arbor/ Center for Clinical Management Research, Ann Arbor Jeffery A. Katula, PhD, MA, Wake Forest University, Winston-Salem, NC; and Lisa Schilling, RN, MPH, Kaiser Permanente, Oakland Discussant: Andrea Kriska, PhD, MS, Univeristy of Pittsburgh, Pittsburgh 1:45 p.m. \u2013 3 p.m. Symposium 20: Reaching the Hard to Reach Populations: Use of Telehealth for Substance Use and Related Outcomes Research International Ballroom West Content area: Other Instructional level: Intermediate Chair: Gerald W. Talcott, PhD, Center for Population Sciences, Lackland Presenters: Michael G. Mejia, BA, University of Kentucky, Lexington, KY; Karen Derefinko, PhD, University of Tennessee Health Science Center, Memphis, TN; and Melissa Little, PhD, University of Tennessee Health Science Center, Memphis Discussant: Robert Klesges, PhD, University of Tennessee Health Science Center, Memphis 30 2, 2016 51 Washington 37TH 31, 2016 1:45 p.m. \u2013 3 p.m. Symposium 21: Stigma in Relationship Contexts: Implications for Behavioral Health Research Lincoln East Content area: Other Instructional level: Beginner/intermediate Chair: Valerie A. Earnshaw, PhD, Harvard Medical School, Boston Presenters: Lisa Rosenthal, PhD, Pace University, New York, NY; Kristi E. Gamarel, PhD, Alpert Medical School of Brown University, Providence, MA; and Sarabeth Broder-Fingert, MD, MPH, Boston Medical Center, Boston 1:45 p.m. \u2013 3 p.m. Symposium 22: Innovative Analytic Strategies for Ecological Momentary Assessment (EMA) Data in Health Behavior Research Lincoln West Content area: Methods Instructional level: Intermediate/advanced Chair: Jaclyn P. Maher, PhD, University of Southern California, Los Angeles Presenters: Genevieve F. Dunton, PhD, MPH, University of Southern California, Los Angeles, CA; and Donald Hedeker, PhD, The University of Chicago, Chicago Discussant: William Riley, PhD, National Institutes of Health, Bethesda 1:45 p.m. \u2013 3 p.m. Symposium 23: Mistrust and Health Inequities: an Emergent Issue Georgetown East Content area: Other Instructional level: Intermediate/advanced Chair: Adolfo Cuevas, PhD, Harvard School of Public Health, Boston Co-Presenter: Pamela Valera, PhD, Columbia University Mailman School of Public Health, New York, NY; Daniel L\u00f3pez-Cevallos, PhD, MPH, Oregon State University, Corvallis, OR; and Adolfo Cuevas, PhD, Harvard School of Public Health, Boston Discussant: Ramona Benkert, PhD, ANP-BC, FAANP, Wayne State University, Detroit 1:45 p.m. \u2013 3 p.m. Symposium 24: Improving Palliative Care: Research on Methods and Models Georgetown West Content area: Other Instructional level: Beginner/intermediate Chair: Amy Wachholtz, PhD, MDiv, MS, University of Massachusetts Medical School, Worcester Presenters: Lara Dhingra, PhD Institute for Innovation in Palliative Care, New York, NY; and Christina M. Puchalski, MD, FACP, FAAHPM, George Washington University, Washington Discussant: Jean L. Kristeller, PhD, Indiana State University, Terre Haute 1:45 p.m. \u2013 3 p.m. Symposium 25: Cancer Caregiver Experiences Across the Care Continuum: From Diagnosis through Bereavement Jefferson East Content area: Cancer Instructional level: Beginner/intermediate Chair: Kelly M. Trevino, PhD, Weill Cornell Medical College, New York Presenters: Maria Thomson, PhD, Virginia Commonwealth University, Richmond, VA; and Maija Reblin, PhD, Moffitt Cancer Center, Tampa Discussant: Erin E. Kent, PhD, MS, National Cancer Institute, Rockville 30 2, 2016 52 Washington 31, 2016 1:45 p.m. \u2013 3 p.m. Symposium 26: Family Relationships and Type 1 Diabetes Management across the Life Span Jefferson West Content area: Diabetes Instructional level: Intermediate Chair: Cynthia Berg, PhD, University of Utah, Salt Lake City Presenters: Maureen Monaghan, PhD, Children\u2019s National Health System, Washington, DC; Koen Luyckx, PhD Leuven, Leuven, Belgium; and Cynthia Berg, PhD, University of Utah, Salt Lake City Discussant: Barbara Anderson, PhD, Baylor College of Medicine/Texas Children\u2019s Hospital, Houston 1:45 p.m. \u2013 3 p.m. Symposium 27: Military and Veterans\u2019 Health Presents: Understanding the Impact of Psychological Symptoms of Chronic Disease Management and Health Outcomes Monroe Content area: Mental health Instructional level: Intermediate Chair: Gina Evans-Hudnall, PhD, Michael E. Debakey Medical Center, Humble Presenters: Jessica Y. Breland, PhD Palo Alto & Stanford University, Menlo Park, CA; Elizabeth Klingaman, PhD 5 Mental Illness Research, Education, and Clinical Center (MIRECC); and Brenna N. Renn, MA, Baylor College of Medicine, Houston Discussant: Robin M. Masheb, PhD Healthcare System and Yale School of Medicine, North Haven 1:45 p.m. \u2013 3 p.m. Symposium 28: Inside the Black Box: Deconstructing Social and Peer Support Fairchild Content area: Other Instructional level: Intermediate Chair: Edwin B. Fisher, PhD, Gillings School of Global Public Health, University of North Carolina-Chapel Hill, Chapel Hill Presenters: Monika M. Safford, MD, University of Alabama at Birmingham, Division of Preventive Medicine, Birmingham, AL; Sarah D. Kowitt Chapel Hill, Chapel Hill, NC; and Nivedita Bhushan, MA, Gillings School of Global Public Health - University of North Carolina at Chapel Hill, Chapel Hill Discussant: Michele Heisler MPA, University of Michigan Medical School, Ann Arbor 1:45 p.m. \u2013 3 p.m. Symposium 29: Technology and Women\u2019s Health Presents: Technology-Delivered Behavioral Interventions for Childbearing Women: Challenges, Triumphs, and Lessons Learned Cabinet Content area: Pregnancy Instructional level: Intermediate Chair: Molly E. Waring, PhD, University of Massachusetts Medical School, Worcester Presenters: Jennifer Huberty, PhD, Arizona State University, Phoenix, AZ; and Timothy Bickmore, PhD, Northeastern University, Boston Discussant: Diane K. Ehlers, PhD, University of Illinois Urbana-Champaign, Urbana 30 2, 2016 53 Washington 37TH 31, 2016 1:45 p.m. \u2013 3 p.m. Symposium 30: Military and Veterans\u2019 Health Presents: The Value of Technology-Based Screening for the Clinical and Research Enterprise Columbia 6 Content area: Mental Health Instructional level: Intermediate Chair: Neal Doran, PhD, University of California, San Diego, San Diego Presenters: Kathryn M. Godfrey, MS, San Diego State University/University of California, San Diego Joint Doctoral Program in Clinical Psychology, La Jolla, CA; and James Pittman Center of Excellence for Stress and Mental Health, San Diego Discussant: Niloofar Afari, PhD, University of CA, San Diego Center of Excellence for Stress and Mental Health, La Jolla 1:45 p.m. \u2013 3 p.m. Symposium 31: Improving Veteran Health and Well-Being: Advances in Complementary and Integrative Medicine Approaches Columbia 8 Content area: Complementary and integrative medicine Instructional level: Beginner/intermediate Chair: Crystal Park, PhD, University of Connecticut, Mystic Presenters: Jill E. Bormann, PhD San Diego Healthcare System; University of San Diego Hahn School of Nursing & Health Sciences, San Diego, CA; and Erik J. Groessl, PhD San Diego San Diego, La Jolla Discussant: A. Rani Elwy, PhD, MSc, Department of Veterans Affairs, Boston 1:45 p.m. \u2013 3 p.m. Symposium 32: Health Decision Making Presents: Couple Interventions: Variation in their Effects and Why One Size May Not Fit All Columbia 9 Content area: Other Instructional level: Intermediate Chair: Cynthia M. Khan, PhD, University of North Carolina, Chapel Hill, Chapel Hill Presenters: Sharon Manne, PhD, Cancer institute of New Jersey, New Brunswick, NJ; and Laura Porter, PhD, Duke University Medical Center, Durham Discussant: Christine Rini, PhD, University of North Carolina at Chapel Hill, Chapel Hill 1:45 p.m. \u2013 3 p.m. Symposium 33 Brief Single-Item Physical Activity Measure: Performance across Diverse Research Setting and Health Outcomes Columbia 10 Content area: Physical Activity Instructional level: Intermediate Chair: Kathryn M. Ross, PhD MPH, Alpert Medical School of Brown University, Providence Presenters: Matthew P. Buman, PhD, Arizona State University, Tempe, AZ; Jamie M. Zoellner, PhD RD, Virginia Polytechnic Institute and State University, Blacksburg, VA; and Michaela Kiernan, PhD, Stanford University School of Medicine, Stanford Discussant: Michael G. Perri, PhD, University of Florida, Gainesville 30 2, 2016 54 Washington 31, 2016 1:45 p.m. \u2013 3 p.m. Symposium 34: Genomic Literacy and Communication for Health Promotion: Insights Across Health Conditions Columbia 11 Content area: Risk and decision making Instructional level: Beginner/intermediate Chair: Kimberly A. Kaphingst, ScD, University of Utah, Salt Lake City Presenters: Erika A. Waters, PhD, MPH, Washington University School of Medicine, St Louis, MO; Susan Persky, PhD, National Human Genome Research Institute, NIH, Bethesda, MD; and Catharine Wang, PhD, MSc, Boston University School of Public Health, Boston Discussant: William Klein, PhD, National Cancer Institute, Rockville 1:45 p.m. \u2013 3 p.m. Symposium 35: Learning from Tax Evaluation in Mexico, South America, and the U.S. to Reverse Childhood Obesity Columbia 12 Content area: Obesity Instructional level: Beginner Chair: Lori Dorfman, DrPh, Berkeley Media Studies Group, Berkeley Presenters: Lynn Silver, MD, MPH, FAAP, Public Health Institute, Oakland, CA; Shu Wen Ng, PhD, Gillings School of Global Public Health, University of North Carolina at Chapel Hill, Chapel Hill, NC; and Steven L. Gortmaker, PhD, Harvard University School of Public Health, Boston Discussant: Mauricio Hern\u00e1ndez-Avila, MD, MPH, ScD, National Institute of Public Health, Mexico, Cuernavaca, N/A, Mexico 3:15 p.m. \u2013 4:45 p.m. Paper session 13: Awareness and Use of Cancer Screening International Ballroom East Content area: Cancer Instructional level: All levels Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Insure Me Cancer Free Kimberly M. Kelly, PhD, West Virginia University, Morgantown, WV; Stephenie K. Kennedy, EdD, Mary Babb Randolph Cancer Center, Morgantown, WV; B. Dolly, MS, and E. Atkins, MS, West Virginia University, Morgantown, WV; and M. Coon, K. King, RN, and S. Rouse, CoventryCares of West Virginia, Charleston 3:33 p.m. \u2013 3:51 p.m. Perceived Life Expectancy is Associated with Colorectal Cancer Screening Uptake in England Lindsay Kobayashi, PhD, Christian von Wagner, PhD, and Jane Wardle, PhD, University College London, London, United Kingdom 3:51 p.m. \u2013 4:09 p.m. Smokers\u2019 Interest in a National Lung Cancer Screening Program Samantha Quaife, MSc, Andy McEwen, PhD, Charlotte Vrinten, MSc, Samuel Janes, MBBS, BSc, MSc, PhD, and Jane Wardle, PhD, University College London, London, United Kingdom 4:09 p.m. \u2013 4:27 p.m. Lack of Follow-Up after Abnormal Pap test in Medicaid Postpartum Women Sabrina Ford, PhD, Michigan State University, East Lansing 4:27 p.m. \u2013 4:45 p.m. Men\u2019s Prostate Awareness Church Training or African American Men: Men-Only vs. Mixed-Gender Men\u2019s Health Workshops Cheryl Holt, PhD, Daisy Le, MPH, MA, and Min Qi Wang, PhD, University of Maryland, College Park, MD; Jimmie Slade, MA, Community Ministry of Prince George\u2019s County, College Park, MD; Bettye Muwwakkil, PhD, and Ralph Williams, BS, Access to Wholistic and Productive Living Institute, College Park, MD; and Michael Naslund, MD, University of Maryland, College Park 30 2, 2016 55 Washington 37TH 31, 2016 3:15 p.m. \u2013 4:45 p.m. Paper session 14: Intervention Strategies to Improve Weight Loss Interventions International Ballroom West Content area: Risk and decision Making, obesity, other Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Who Decides: Self-Selected versus Assigned Goals for Weight Loss in a Veteran Population Mona AuYoung, PhD, MS, MPH, Laura J. Damschroder, MS, MPH, Maria Hughes, MPT, Bradley Youles, MPA, and Robert G. Holleman Ann Arbor, Ann Arbor, MI; and Caroline R. Richardson, MD, University of Michigan, Ann Arbor 3:33 p.m. \u2013 3:51 p.m. Acceptance-Based Behavioral Weight Loss Treatment Outperforms Standard BT: Outcomes from the Mind Your Health Study Evan Forman, PhD, Meghan L. Butryn, PhD, Stephanie Manasse, MS, Emily Wyckoff, BA, Stephanie Goldstein, BS, and Adrienne Juarascio, PhD, Drexel University, Philadelphia, PAia 3:51 p.m. \u2013 4:09 p.m. Alternating between Large and Moderate Energy Reductions Promotes Weight Loss in a Behavioral Obesity Intervention Gareth Dutton, PhD, University of Alabama at Birmingham, Birmingham, AL; Michael G. Perri, PhD, University of Florida, Gainesville, FL; and Marissa A. Gowey, PhD, and Kevin Fontaine, PhD, University of Alabama at Birmingham, Birmingham 4:09 p.m. \u2013 4:27 p.m. Make Better Choices 2: Randomized Controlled Trial of a Mobile Health Intervention for Simultaneous versus Sequential Diet and Activity Change Meghan L. Butryn, PhD, Evan Forman, PhD, and Michael Lowe, PhD, Drexel University, Philadelphia, PA; Amy Gorin, PhD, University of Connecticut, Storrs, CT; and Fengqing Zhang, PhD, Drexel University, Philadelphia 4:27 p.m. \u2013 4:45 p.m. Make Better Choices 2 of a Mobile Health Intervention for Simultaneous Versus Sequential Diet and Activity Change Bonnie Spring, PhD, Christine Pellegrini, PhD, H.G. McFadden, BS, Angela Pfammatter, PhD, and Juned Siddique, PhD, Northwestern University Feinberg School of Medicine, Chicago, IL; and Donald Hedeker, PhD, University of Chicago, Chicago 3:15 p.m. \u2013 4:45 p.m. Paper session 15: Smoking Cessation Interventions Lincoln East Content area: Smoking/tobacco, cancer Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Design Considerations for Smoking Cessation Apps: Perspectives from Nicotine Dependence Treatment Providers and Smokers Andrea L. Hartzler, PhD, Jennifer McClure, PhD, and Emily Westbrook, MHA, Group Health Research Institute, Seattle, WA; and Sheryl L. Catz, PhD, University of California-Davis, Davis 3:33 p.m. \u2013 3:51 p.m. The Impact of Body Mass Index on Smoking Relapse in a Text Messaging Cessation Program for Young Adults Kisha I. Coa, PhD International, Rockville, MD; Erik Augustson, PhD, MPH, National Cancer Institute, Bethesda, MD; and Annette Kaufman, PhD, MPH, National Cancer Institute, Rockville 30 2, 2016 56 Washington 31, 2016 3:51 p.m. \u2013 4:09 p.m Randomized Pilot Study of a Smoking Cessation Intervention in the Lung Cancer Screening Setting Kathryn Taylor, PhD, Charlotte Hagerman, BA, and Paula Bellini, MA, American University, Washington, DC; Shawn Regis, PhD, and Andrea McKee, MD, Lahey Hospital and Medical Center, Burlington, MA; Michael Ramsaier, BA, Harry Harper, MD, Hackensack University Medical Center, Hackensack, NJ; Jenna Kramer, RN, MSN, ACNP-BC, and Eric Anderson, MD, Medstar Georgetown University Hospital, Washington, DC; Cassandra A. Stanton, PhD, Westat, Rockville, MD; David B. Abrams, PhD, Schroeder Institute for Tobacco Research and Policy Studies at The Truth Initiative, Washington, DC; and Riley Zinar and Daniel Leigh, Georgetown University, Washington 4:09 p.m. \u2013 4:27 p.m. The Development and Deployment of a Multicomponent, Real-Time, Tailored Intervention to Reduce Indoor Smoking John Bellettiere, MA, MPH, and Vincent Berardi, MS, San Diego State University, San Diego, CA; Suzanne Hughes, MPH, PhD, Center for Behavioral Epidemiology and Community Health, San Diego, CA; Sandy Liles, MPH, San Diego State University, San Diego, CA; Neil Klepeis, PhD, San Diego State University Research Foundation, San Diego, CA; Saori Obayashi, PhD, RD, Center for Behavioral Epidemiology and Community Health, San Diego, CA; T. Tracy Allen; Isaac Quintanilla and Ben Nguyen, MPH, Center for Behavior Epidemiology and Community Health, San Diego, CA; and Melbourne F. Hovell, PhD, MPH, San Diego State University, San Diego 4:27 p.m. \u2013 4:45 p.m. Roles of Family Members in a Family-Focused Smoking Cessation Intervention for Asian Americans Edgar Yu, BS, Janice Ka Yan Cheng, PhD, and Alice Guan, BA, BS, University of California-San Francisco, San Francisco, CA; Nancy Burke, PhD, University of California-Merced, Merced, CA; Tung Nguyen, MD, and Janice Y. Tsoh, PhD, University of California-San Francisco, San Francisco 3:15 p.m. \u2013 4:45 p.m. Paper Session 16: Physical Activity in Minority Populations Lincoln West Content area: Physical activity, mental health Instructional level: All levels Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Faith in Action/Fe en Action: Findings from a Randomized Controlled Trial Promoting Physical Activity among Latinas Elva Arredondo, PhD, John Elder, PhD, MPH, Jessica Haughton, MPH, MA, and Don Slymen, PhD, San Diego State University, San Diego, CA; James F. Sallis Jr., PhD, University of California-San Diego, San Diego, CA; Lilian Perez, MPH, and Natalicio Serrano, BS, San Diego State University, San Diego, CA; Ma\u00edra T. Parra, MSc, Universidade Federal de S\u00e3o Paulo, S\u00e3o Paulo, Brazil; Guadalupe X. Ayala, PhD, MPH, San Diego State University, San Diego, CA; and Rodrigo Valdivia, STB, JCL, Diocese of San Diego, San Diego 3:33 p.m. \u2013 3:51 p.m. Pasos Hacia la Salud: 12-Month Outcomes of a Web-Based Physical Activity Intervention for Latinos Sarah E. Linke, PhD, MPH, University of California-San Diego, San Diego, CA; Shira Dunsiger, BSc, AM, PhD, Miriam Hospital/ Brown University, Providence, RI; Sheri J. Hartman, PhD, University of California-San Diego, San Diego, CA; Dorothy Pekmezi, PhD, University of Alabama at Birmingham, Birmingham, AL; Britta Larsen, PhD, Becky Marquez, PhD, MPH, Andrea Mendoza, MPH, and Madison Noble, BA, University of California-San Diego, San Diego, CA; Beth Bock, PhD, Miriam Hospital, Providence, RI; Kim Gans, PhD, MPH, University of Connecticut, Storrs, CT; and Carlos Rojas, MD, and Bess Marcus, PhD, University of California-San Diego, San Diego 3:51 p.m. \u2013 4:09 p.m. Preliminary Findings from a \u201cNot Yoga\u201d Study among African American Churchgoers Scherezade K. Mama, DrPH, Pennsylvania State University, University Park, PA; Christopher Fagundes, PhD, Rice University, Houston, TX; and Alejandro Chaoul, PhD, Lorenzo Cohen, PhD, Diana S. Hoover, PhD, Larkin L. Strong, PhD, MPH, and Lorna Haughton McNeill, PhD, MPH, University of Texas Anderson Cancer Center, Houston 4:09 p.m. \u2013 4:27 p.m. Women\u2019s Lifestyle Physical Activity Program: African-American Women\u2019s Long-Term Maintenance of Physical Activity JoEllen Wilbur, PhD, RN, FAAN, Susan W. Buchholz, PhD, ANP-BC, FAANP, Arlene M. Miller, PhD, RN, FAAN, Shannon Halloway, PhD(c), RN, Michael E. Schoeny, PhD, and Lynne T. Braun, PhD, APN, Rush University, Chicago 30 2, 2016 57 Washington 37TH 31, 2016 4:27 p.m. \u2013 4:45 p.m. No Change in Quality of Life After Exercise Training in African American Men: The Study Robert L. Newton Jr., PhD, Chelsea A. Hendrick, BS, Melissa N. Harris, MPA, BS, Sandra Larrivee, MSc, and Timothy Church, MD, PhD, MPH, Pennington Biomedical Research Center, Baton Rouge 3:15 p.m. \u2013 4:45 p.m. Paper Session 17: Chronic Pain Assessment, Interventions and Outcomes Georgetown East Content area: Pain, substance abuse Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m Novel Training Intervention Reduces Back Pain in Middle-Aged Adults Andrew Hua, BS, Tiffany Bullard, BS, Jason D. Cohen, BS, Daniel Palac, MA, and Edward McAuley, PhD, University of Illinois, Urbana, IL; Arthur F. Kramer, PhD, Beckman Institute, Urbana, IL; and Sean P. Mullen, PhD, University of Illinois, Urbana 3:33 p.m. \u2013 3:51 p.m. Pain and Quality of Life in Economically Disadvantaged Primary Care Patients Lara Dhingra, PhD, Sandra Rodriguez, MPH, and Gabriel Cruciani Institute for Innovation in Palliative Care, New York, NY; Ray Teets, MD, and Sarah Nosal, MD, Institute for Family Health, New York, NY; Russell Portenoy Institute for Innovation in Palliative Care, New York, NY; Thomas Wasser, PhD, Consult-Stat, Macungie, PA; and Saskia Shuman, MPH, Regina Ginzburg, PharmD, and Robert Schiller, MD, Institute for Family Health, New York 3:51 p.m. \u2013 4:09 p.m. Ecological Momentary Assessment of Headache Pain Intensity and Pain Interference in Women with Migraine and Obesity Dale S. Bond, PhD, and J. Graham Thomas, PhD, Brown University Alpert Medical School/Miriam Hospital, Providence, RI; Jelena M. Pavlovic, MD, PhD, Albert Einstein College of Medicine/ Montefiore Headache Center, Bronx, NY; Julie Roth, MD, Rhode Island Hospital, Providence, RI; Lucille Rathier, PhD, Lifespan Physicians Group/Miriam Hospital, Providence, RI; Kevin C. O\u2019Leary, Miriam Hospital, Providence, RI; and Richard B. Lipton, MD, Albert Einstein College of Medicine/Montefiore Headache Center, Bronx 4:09 p.m. \u2013 4:27 p.m. Emotional Distress Predicts Opioid Use in Chronic Pain Patients Amy E. Kupper, MS, Duke University Medical Center, Durham, NC; and Alexandra Koenig, MS, Seattle Pacific University, Seattle 4:27 p.m. \u2013 4:45 p.m. Psycho-Physiological Pain Response among Individuals with Comorbid Pain and Addiction: Long Term Implications Amy Wachholtz, PhD, MDiv, MS, Gerardo Gonzalez, MD, and Dougals Ziedonis, MD, MPH, University of Massachusetts Medical School, Worcester 3:15 p.m. \u2013 4:45 p.m. Paper session 18: Psychosocial Issues in Georgetown West Content area Instructional level: All levels Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. The Relationship between Body Image Perceptions and Depressive Symptoms in Youth with Megan Loew, MS, Ronald Dallas, PhD, Megan Wilkins, PhD, Aditya Gaur, MD, Li Tang, PhD, and Yilun Sun, MS, St. Jude Children\u2019s Research Hospital, Memphis 3:33 p.m. \u2013 3:51 p.m. Implementation Science Research to Optimize Uptake in Rural South Africa Deborah Jones, PhD, Violeta Rodriguez, BS, and Ryan Cook, BA, MSPH, University of Miami, Miami, FL; Richard LaCabe, AA, Barry University, Miami Shores, FL; K. Marie Douglass, BS, and C. Kyle Privette, University of Miami, Miami, FL; Karl Peltzer, PhD, Human Sciences Research Council, Pretoria, South Africa; and Guillermo Prado, PhD, Viviana Horigian, PhD, and Stephen M. Weiss, PhD, MPH, University of Miami, Miami 30 2, 2016 58 Washington 31, 2016 3:51 p.m. \u2013 4:09 p.m Implementation in Rural Community Health Centers in Mpumalanga Province, South Africa Deborah Jones, PhD, University of Miami, Miami, FL; Karl Peltzer, PhD, Human Sciences Research Council, Pretoria, South Africa; Guillermo Prado, PhD, Viviana Horigian, PhD, Stephen M. Weiss, PhD, MPH, and Ryan Cook, BA, MSPH, University of Miami, Miami, FL; and Sibusiso Sifunda, MPH, PhD, Human Sciences Research Council, Pretoria, South Africa 4:09 p.m. \u2013 4:27 p.m. Palliative and Advanced Care Planning among African-American HIV-Positive Injection Drug Users Mixed Methods Exploration Allysha Robinson, PhD, MPH, Brigham and Women\u2019s Hospital, Boston, MA; and Sarina R. Isenberg, BA, MA, and Amy Knowlton, MPH, ScD, Johns Hopkins Bloomberg School of Public Health, Baltimore 4:27 p.m. \u2013 4:45 p.m. Depressive Symptom Trajectories among People Living With and Without across 10 years Natalie E. Kelso, MSW, Chukwuemeka Okafor, MPH, and Robert L. Cook, MD, MPH, University of Florida, Gainesville, FL; Michael Plankey, PhD, Georgetown University Medical Center, Washington, DC; Alison G. Abraham, PhD, Johns Hopkins Bloomberg School of Public Health, Baltimore, MD; and Robert K. Bolan, MD, Los Angeles Center, Los Angeles 3:15 p.m. \u2013 4:45 p.m. Paper Session 19: Impact of Food Environment on Health Outcomes Jefferson East Content area: Nutrition, Obesity Instructional level: Intermediate/Advanced Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Healthy Food Zoning and the Neighborhood Food Environment: Can Permitted-Use Zoning Promote Healthier Communities? Daniel R. Taber, PhD, MPH, University of Texas School of Public Health, Austin, TX; and Jamie F. Chriqui, PhD, MHS, Christopher M. Quinn, MS, and Leah Rimkus, MPH, RD, University of Illinois at Chicago, Chicago 3:33 p.m. \u2013 3:51 p.m. Marketing Food Environment and Food Consumption in Children: Moderation by Food-Related Psychosocial Factors Catherine Paquet, BSc, PhD, University of South Australia, Adelaide, South Australia, Australia; Luc de Montigny, PhD, David Buckeridge, PhD, Alice Labban, PhD, and Vinita Akula, BSc, McGill University, Montreal, Quebec, Canada; Melissa Iskandar, BA, BS, McGill Centre for the Convergence of Health and Economics, Madison, NJ; Yu Ma, PhD, University of Alberta, Edmonton, Alberta, Canada; and Laurette Dub\u00e9, PhD, McGill University, Montreal, Quebec, Canada 3:51 p.m. \u2013 4:09 p.m. Effect of Proportional Pricing versus Value Pricing on Fountain Drink Purchases: Results from a Field Experiment Sarah E. Gollust, PhD, Xuyang Tang, MS, Simone French, PhD, and Carlisle Runge, PhD, MA, BA, University of Minnesota, Minneapolis, MN; James M. White, PhD, University of Wisconsin-River Falls, River Falls, WI; and Alexander Rothman, PhD, University of Minnesota, Minneapolis 4:09 p.m. \u2013 4:27 p.m. Customer Purchases in Small, Non-Traditional Urban Food Retailers Caitlin E. Caspi, ScD, Jennifer E. Pelletier, MPH, Lisa Harnack, PhD, RD, Timothy L. Barnes, PhD, and Melissa N. Laska, PhD, RD, University of Minnesota, Minneapolis 4:27 p.m. \u2013 4:45 p.m. Measures of Food Environment Systematic Review Rebeccah Sokol, BS, and Leslie Lytle, PhD, University of North Carolina, Chapel Hill 3:15 p.m. \u2013 4:45 p.m. Paper Session 20: Sleep Quality and Disorders Jefferson West Content area: Sleep Instructional level: All levels Co-Chairs 30 2, 2016 59 Washington 37TH 31, 2016 3:15 p.m. \u2013 3:33 p.m. Conversation as Peer Support for Compliance with Health Message Recommendations of Adequate Sleep in College Rebecca Robbins, PhD, New York University School of Medicine, New York, NY; Jeff Niederdeppe, PhD, Cornell University, Ithaca, NY; and Girardin Jean-Louis, PhD, New York University School of Medicine, New York 3:33 p.m. \u2013 3:51 p.m. Preventing Weight Gain Improves Sleep Quality among Black Women: Results from a Randomized Controlled Trial Dori Steinberg, PhD, MS, RD, Duke University, Durham, NC; Renee H. Moore, PhD, Emory University, Atlanta, GA; Portia D. Parker Institute Inc., Durham, NC; and Sandy Askew, MPH, Perry Foley, MPH, MSW, and Gary G. Bennett, PhD, Duke University, Durham 3:51 p.m. \u2013 4:09 p.m. Differences in Chronotype in Black and White Adults Susan Kohl Malone, PhD, University of Pennsylvania, Philadelphia, PA; Freda Patterson, PhD, University of Delaware, Newark, DE; and Alicia J. Lozano, MS, and Alexandra Hanlon, PhD, University of Pennsylvania, Philadelphia 4:09 p.m. \u2013 4:27 p.m Don\u2019t sleep\u2026I\u2019ve Been Like this for over 30 years Qualitative Approach to Understanding Sleep Disturbance among Blacks Natasha J. Williams, EdD, MPH, Rebecca Robbins, PhD, Valerie Newsome, PhD, Azizi Seixas, PhD, and Girardin Jean-Louis, PhD, New York University School of Medicine, New York 4:27 p.m. \u2013 4:45 p.m. Barriers to Facilitators to Diagnosis of Obstructive Sleep Apnea among Blacks Rebecca Robbins, PhD, Natasha J. Williams, EdD, MPH, Valerie Newsome, PhD, Azizi Seixas, PhD, Gbenga Ogedegbe, and Girardin Jean-Louis, PhD, New York University School of Medicine, New York 3:15 p.m. \u2013 4:45 p.m. Paper Session 21 Infection and Vaccination Monroe Content area: Child/adolescent health, cancer Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Impact of School-Entry Requirements on Adolescent Vaccination Coverage, Timeliness, and Seasonal Variation Jennifer L. Moss, PhD, National Cancer Institute, Rockville, MD; Paul Reiter, PhD, Ohio State University, Columbus, OH; Young Truong, PhD, University of North Carolina, Chapel Hill, NC; and Barbara K. Rimer, DrPH, MPH, and Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 3:33 p.m. \u2013 3:51 p.m. Disparities in Knowledge and Awareness of and Vaccine Detected among Different Race Group and Gender in a National Sample Eric Adjei Boakye, MA, Betelihem B. Tobo, MPH, Rebecca P. Rojek, BA, and Nosayaba Osazuwa-Peters, BDS, MPH, CHES, St. Louis University, St. Louis 3:51 p.m. \u2013 4:09 p.m Is Not Just a Woman\u2019s Business! Exploring Inadequate and Vaccine Knowledge among Men Betelihem B. Tobo, MPH, Nosayaba Osazuwa-Peters, BDS, MPH, CHES, Eric Adjei Boakye, MA, and Kahee A. Mohammed, MD, St. Louis University, St. Louis 4:09 p.m. \u2013 4:27 p.m. An Examination of Vaccination and Cervical Cancer Screening Using the National Health Interview Survey Monica L. Kasting, PhD(c), Terrell Zollinger, DrPH, Brian Dixon, MPA, PhD, FHIMSS, Nathan Stupiansky, PhD, and Gregory Zimet, PhD, HSPP, Indiana University, Indianapolis 4:27 p.m. \u2013 4:45 p.m. Barriers and Facilitators to Vaccination among Young Men who have Sex with Men. Mary Gerend, PhD, Krystal Madkins, MPH, Gregory Phillips II., PhD, MS, and Brian Mustanski, PhD, BA, Northwestern University Feinberg School of Medicine, Chicago 30 2, 2016 60 Washington 31, 2016 3:15 p.m. \u2013 4:45 p.m. Paper Session 22: Military and Veteran Health Fairchild Content area: Obesity, smoking/tobacco, mental health, physical activity, other Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Psychiatric Comorbidity and Emotional Eating in Veterans Seeking Weight Management Treatment Su Cho, PsyD, Lindsey Dorflinger, PhD, Kathryn Min, MA, and Christopher Ruser Connecticut Healthcare System, West Haven, CT; and Robin M. Masheb, PhD Connecticut Healthcare System, North Haven 3:33 p.m. \u2013 3:51 p.m. Paper Session 22 : 3:33 p.m. \u2013 3:51 p.m. Rapid Access to Quit Smoking Primary Care and Smoking Cessation Clinic Collaboration in a Veterans Affairs Hospital Tessa Kramer, PsyD, Hartford Hospital Connecticut Healthcare System, West Hartford, CT; and Judith Cooney, PhD, University of Connecticut Connecticut Healthcare System, Newington 3:51 p.m. \u2013 4:09 p.m. Supporting the Contraceptive and Menstrual Needs of our Female Troops: Updated Systematic Review and Implications Sara Vargas, PhD, and Kate M. Guthrie, PhD, Miriam Hospital/Brown University Alpert Medical School, Providence, RI; Melissa Guillen, BA, and Melissa Getz, BA, Miriam Hospital, Providence, RI; and Miriam Midoun, MS, Brown University, Providence 4:09 p.m. \u2013 4:27 p.m. Childhood Maltreatment Experiences among U.S. Army Reserve/ National Guard Soldiers and their Partners Rachel C. Daws, BA, D. Lynn Homish, BS, Sarah Cercone Heavey, MPH, and Gregory G. Homish, PhD, State University of New York at Buffalo, Buffalo 4:27 p.m. \u2013 4:45 p.m. Motivation Type and Physical Activity among Veterans Mona AuYoung, PhD, MS, MPH, Laura J. Damschroder, MS, MPH, Maria Hughes, MPT, Robert G. Holleman, MPH, and Bradley Youles Ann Arbor, Ann Arbor, MI; and Caroline R. Richardson, MD, University of Michigan, Ann Arbor 3:15 p.m. \u2013 4:45 p.m. Paper Session 23: Maternal Health and Well-Being Cabinet Content area: Smoking/tobacco, pregnancy, obesity, mental health Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Predicting Response to Interventions1 Designed to Sustain Tobacco Abstinence Postpartum Michele D. Levine, PhD, Rebecca Emery, MS, and Rachel Kolko, PhD, University of Pittsburgh, Pittsburgh 3:33 p.m. \u2013 3:51 p.m. Breastfeeding Interventions in Low-Income Mothers: Confidence and Knowledge as Potential Targets of Intervention Amy Gorin, PhD, University of Connecticut, Storrs, CT; James Wiley, Philadelphia College of Osteopathic Medicine, Philadelphia, PA; Zhu Wang, PhD, and Autherene Grant, BS, Connecticut Children\u2019s Medical Center, Hartford, CT; and Michelle Cloutier, MD, University of Connecticut Health Center, Hartford 3:51 p.m. \u2013 4:09 p.m. Intervening During and After Pregnancy to Prevent Weight Retention among African American Women Herring J. Sharon, MD, MPH, and Jane F. Cruice, BA, RN, Temple University, Philadelphia, PA; Gary G. Bennett, PhD, Duke University, Durham, NC; Marisa Z. Rose, MD, and Adam Davey, PhD, Temple University, Philadelphia, PA; and Gary D. Foster, PhD, Weight Watchers International, New York 30 2, 2016 61 Washington 37TH 31, 2016 4:09 p.m. \u2013 4:27 p.m. The Role of Employment Status on Depressive Symptoms among Women at Risk for Postpartum Depression Beth Lewis, PhD, Lauren Billing, MS, Dwenda Gjerdingen, MD, MS, and Melissa Avery, PhD, CNM, University of Minnesota, Minneapolis, MN; and Bess Marcus, PhD, University of California-San Diego, San Deigo 4:27 p.m. \u2013 4:45 p.m. Study Findings Regarding a Mind-Body Intervention for Perinatal Depression Patricia A. Kinser, PhD, WHNP-BC, RN, and Nancy Jallo, PhD, WHNP, FNP, Virginia Commonwealth University, Richmond 3:15 p.m. \u2013 4:45 p.m. Paper Session 24: Self-Management of Type 2 Diabetes Columbia 6 Content area: Diabetes, child/adolescent Health Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. Intermediate-Term Effects of Diabetes of Self-Management Support Delivered Via mHealth James E. Aikens, PhD, and John Piette, PhD, University of Michigan, Ann Arbor 3:33 p.m. \u2013 3:51 p.m. Parental Risk Factors for Family Conflict Regarding Direct and Indirect Diabetes Management Tasks Kimberly L. Savin, BA, Jadienne Lord, BA, Niral J. Patel, MPH, Katia M. Perez, MEd, and Sarah S. Jaser, PhD, Vanderbilt University, Nashville 3:51 p.m. \u2013 4:09 p.m. Partner Influence on Diabetes Self-Management among Adults with Type 2 Diabetes Jennalee Wooldridge, MA, Krista W. Ranby, PhD, and Sarah Lynch, MPH, University of Colorado Denver, Denver 4:09 p.m. \u2013 4:27 p.m. Diabetes Self-Management in Emerging Adults: Changes One Year Post-High School Maureen Monaghan, PhD, CDE, Children\u2019s National Health System, Washington, DC; Elora Majumder, BA, Case Western Reserve University School of Medicine, Cleveland, OH; and Fran Cogen, MD, CDE, Children\u2019s National Health System, Washington 4:27 p.m. \u2013 4:45 p.m. Successful Self-Management of Chronic Illness: The Role of Habit versuss Reflective Factors in Exercise and Medication Adherence L. Alison Phillips, PhD, Iowa State University, Ames, IA; Joshua Cohen, MD, The George Washington University School of Medicine and Health Sciences, Washington 3:15 p.m. \u2013 4:45 p.m. Paper Session 25: Health Effects of Adverse Events Columbia 8 Content area: Obesity, mental health, child/adolescent Health, sexual behavior Instructional level: Beginner/intermediate Co-Chairs: 3:15 p.m. \u2013 3:33 p.m. The Association of Adverse Childhood Experiences with Childhood Obesity Using a National Child Survey Brian Lynch, MD, Lila J. Finney Rutten, PhD, MPH, Amenah Agunwamba, ScD, MPH, Patrick M. Wilson, MPH, Seema Kumar, MD, Valeria Cristiani, Chun Fan, and Robert M. Jacobson, MD, Mayo Clinic, Rochester 3:33 p.m. \u2013 3:51 p.m. Childhood Abuse in Caribbean Young Adults: It\u2019s Association with Depression, Post-Traumatic Stress Symptoms, and Skin Bleaching Caryl James, PhD, University of the West Indies, Mona, Kingston, Jamaica; Azizi Seixas, PhD, New York University School of Medicine, New York, NY; Abigail Harrison (Paed), University of the West Indies, Mona, Kingston, Jamaica; and Girardin Jean-Louis, PhD, New York University School of Medicine, New York 30 2, 2016 62 Washington 31, 2016 3:51 p.m. \u2013 4:09 p.m. Exposure to Violence among Marginalized Urban Youth Carlie Hanson, MPH, Temple University, Philadelphia, PA; and Carolyn Cannuscio, ScD, Roxanne Dupuis, MSPH, Emily Strupp, MSEd, Sarah Kounaves, MSc, and Eva Bugos, BS, MSPH(c), University of Pennsylvania, Philadelphia 4:09 p.m. \u2013 4:27 p.m. Interpersonal Violence as it Relates to Risky Sexual Behavior among Social Service-Involved Females Danielle Hill, BA, Lyn Stein, PhD, University of Rhode Island, Kingston, RI; Molly Magill, PhD, Brown University, Providence, RI; Joseph Rossi, PhD, University of Rhode Island, Kingston, RI; and Jennifer Clarke, MD, Brown University, Providence 4:27 p.m. \u2013 4:45 p.m. Does Childhood Abuse Matter: Predicting Posttraumatic Stress Symptoms in Adult Latinos in the United States Amy L. Ai, PhD, Jungup Lee, MSW, and Henry Carretta, PhD, MPH, Florida State University, Tallahassee 5 p.m. \u2013 6 p.m. Presidential Keynote and Awards Ceremony Presenter: Marian L. Fitzgibbon, PhD, University of Illinois at Chicago, Chicago Dr. Fitzgibbon will describe how behavioral medicine can and must move forward in a time of health care reform, evolving funding patterns, continually advancing technology, and growing patient empowerment. Such changes bring cutting-edge solutions as well as new challenges that must be met head-on by the behavioral medicine community. Dr. Fitzgibbon is president of and director of the University of Illinois at Chicago\u2019s (UIC\u2019s) Program for Child Health Research. She is also a professor in UIC\u2019s Pediatrics Department and School of Public Health. She serves as deputy director of UIC\u2019s Institute for Health Research and Policy, and associate director of the Population Health, Behavior, and Outcomes Program at the University of Illinois Cancer Center.. 6 p.m. \u2013 7 p.m. Exhibit Hall Open Stop by vendors\u2019 tables in the exhibit hall. 6 p.m. \u2013 7 p.m. Poster Session Join for a delightful evening of networking in a cutting-edge poster session. Cash bar and complimentary hors d\u2019oeuvres will be provided. 7:15 p.m. \u2013 8:05 p.m. Capitol Steps Performance Join for an evening of laughs as the Capitol Steps political satire troupe performs musical comedy that lampoons the full political spectrum. Tickets can be purchased in advance or at the door: $45 for regular tickets and $35 for student tickets. Part of the ticket proceeds will help cover Annual Meeting registration fees for student members who perform volunteer service during the meeting 30 2, 2016 63 Washington 37TH 1, 2016 Start End Title 7 a.m. 7 p.m. Registration Open 7:15 a.m. 8 a.m. Breakfast Roundtables 8:15 a.m. 9:30 a.m. Symposia 9:45 a.m. 10:45 a.m. Keynote 11 a.m. 12 p.m. Midday Meetings/Panel Discussions 11:30 a.m. 1:30 p.m. Exhibit Hall Open 12:30 p.m. 1:30 p.m. Master Lecture/Paper Sessions 1:45 p.m. 3 p.m. Symposia 3:15 p.m. 4:45 p.m. Paper Sessions 5 p.m. 6 p.m. Keynote 6 p.m. 7 p.m. Poster Session C/Exhibit Hall Open 7 a.m. \u2013 7 p.m. Registration Open 7:15 a.m. \u2013 8 a.m. Breakfast Roundtables Breakfast roundtables are interactive meetings with discussion centered on topics of interest to a specific portion of the meeting audience or to an special interest group (SIG), council, or committee complimentary continental breakfast is provided. 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Military and Veterans\u2019 Health Business Meeting and Discussion International ballroom East Moderator: Jeffrey P. Haibach, PhD, Department of Veterans Affairs, Pittsburg Co-Presenters: Robin M. Masheb, PhD, Yale School of Medicine, New Haven CT; Emily A. Grieser PhD, USAF; Katheryn S. Hall, PhD Veterans Affairs Medical Center, Durham This is a dynamic meeting of the Military and Veterans\u2019 Health to nominate leadership, discuss future goals of the SIG, and other SIG-related endeavors. Come ready to discuss ideas and how you would like your move forward. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Student and The Cognitive, Affective, and Social Processes in Health Research (CASPHR) Workgroup Present: Mentored Breakfast with International Ballroom West Moderators: Courtney Stevens and Angela Bryan, PhD University of Colorado Boulder, Boulder The Workgroup is composed of a group of experts with the mission of advancing contributions that theories of cognitive, affective, and social processes can make to enhance research and practice. This breakfast meeting will bring together CASPHR-affiliated investigators (e.g., Dr.\u2019s Alex Rothman, Bill Klein, Angela Bryan) with early stage investigators (e.g., graduate students, postdocs) to focus on these topics. Early stage investigators will have the opportunity to network with senior scientists and gain new perspectives on the challenges and benefits of this work. To participate, students and postdocs must have submitted their submission information and mentor request to the Student prior to the meeting and have been notified of their acceptance. This session is not available for credit 30 2, 2016 64 Washington 1, 2016 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Cancer Business Meeting Lincoln East Moderators: Kristi Graves, PhD, Georgetown University, Washington, DC; Catherine Alfano, PhD, American Cancer Society, Washington At this session we will discuss the activities of the Cancer in the past year, elicit ideas and discuss plans for the upcoming year. We will present the Outstanding Student Abstract Award and the Senior Investigator Award for Outstanding Contributions to Cancer Prevention and Control. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Nurses Section: Optimizing the potential of nursing contributions to behavioral medicine Lincoln West Moderator: Laura Hayman, PhD, RN, FAAN, University of Massachusetts, Boston, MA; and Barbara Resnick, PhD, CRNP, University of Maryland, Baltimore This session is designed to bring together the nurses within SBM. It is intended to stimulate and renew enthusiasm and commitment to among all nurses including pre-docs, post-docs, early career and senior investigators and clinicians. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Lessons Learned from International Obesity Prevention: Next Steps Georgetown East Moderator: James Sallis, University of California, San Diego, CA; and Frank Penedo, Northwestern University, Chicago This session will provide an overview of promising international obesity prevention work internationally. Goals are to consider ways to build clear paths of learning from global innovation that can be applied in the and opportunities for taking effective innovations internationally. There will be discussion of next steps following the symposia at on obesity prevention in Latin America sponsored by (National Childhood Obesity Research Collaborative). Speakers will present 5-min overviews of relevant work, including Tracy Orleans, Mauricio Hernandez Avila, Steve Gortmaker, Abby King, and David Berrigan. Discussion will focus on roles for and and opportunities for international collaboration. Other funders will be invited to attend. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: The Optimization of Behavioral Interventions Presents: Introduction to Optimizing Behavioral Interventions Georgetown West Moderators: Linda Collins, PhD, Penn State University, State College, PA; Kari Kulger, PhD; Thelma Mielenz PhDDavid Cavallo PhD, MPH, RDN, Case Western Reserve University, Cleaveland, OH; Sara St. George, PhD, University of Miami Miller School of Medicine, Miami Do you conduct behavioral intervention research or intend to? Are you looking for ways to streamline the process and improve intervention design, implementation, and efficacy using alternative methods to traditional RCTs? At this session, Linda Collins, Director of the Methodology Center at Penn State, will give a brief presentation about optimizing behavioral interventions. Afterward, existing and prospective members will have a brainstorming session to discuss how the can promote optimization science and enhance members\u2019 research efforts through collaboration and consultation. This session is not available for credit 7:15- 8 a.m. Breakfast Roundtable: Women\u2019s Health business/network breakfast Jefferson East Moderators: Jennifer Huberty, PhD, Arizona State University, Pheonix, AZ; Sara Levine Kornfield, PhD, University of Pennsylvania This session is not available for credit 30 2, 2016 65 Washington 37TH 1, 2016 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Diabetes Breakfast Roundtable Jefferson West Barbara Stetson and Karl Minges Join members of the Diabetes for breakfast, coffee and conversation as we discuss activities and annual business. Network with researchers and clinicians to plan activities and collaborations for the coming year. Attendees will identify priority areas for the and set goals for collaborative activities. The Diabetes outstanding trainee award will also be presented and non members are invited. Students and trainees are encouraged to attend. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Complementary and Integrative Medicine Networking and Planning Meeting Monroe Moderator: Crystal Park, PhD, University of Connecticut, Storrs This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Aging Business Meeting Fairchild Moderators: Neha P. Gothe, PhD, Wayne State University, Detroit, MI, Sandra J. Winter, PhD, Stanford Prevention Research Center Aging leaders will provide a preview of this year\u2019s sponsored events, update on the membership, and discuss goals for collaborations for future annual meetings. The will elect new leadership, recognize the out-going chair and present two awards: Aging Outstanding Graduate Research Award and the Local Innovator Award. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Hot Topics in Decision Making: Promoting Shared Decision Making in Lung Cancer Screening through Policy Columbia 6 Moderator: Jamie Studts, PhD, University of Kentucky, Lexington The National Lung Screening Trial recently demonstrated that screening with low-dose decreases lung cancer mortality in adults at high risk for lung cancer. Consequently, the and major medical organizations now recommend lung cancer screening for high-risk adults, emphasizing shared decision making. This midday meeting will focus on shared decision making in lung cancer screening and the use of policy to promote it multi-disciplinary panel will discuss the development of the lung cancer screening guidelines, the benefits and potential harms of lung cancer screening, the Centers for Medicare and Medicaid policy that patients must undergo shared decision making prior to receiving a screening order, and the implementation of lung cancer screening decision aids. The session will include ample time for a lively discussion. This session is not available for credit 30 2, 2016 66 Washington 1, 2016 7:15- 8 a.m. Breakfast Roundtable: SBM, AAFP, and NAPCRG: Exploring common interests in primary care research, practice, and policy Columbia 8 Moderators: Jenn Carroll, MD, MPH, American Academy of Family Physicians National Research Network, Aurora, CO; Tom Vansaghi, PhDNorth American Primary Care Research Group , Sherri Sheinfeld Gorin, PhD, Columbia University NCI, New York, NY; Andrew Bazemore, Md, MPH, Robert Graham Center Policy Studies in Family Medicine and Primary Care, Washington The purpose of the proposed meeting between the and the (Scientific and Professional Liaison Council, SPLC) will be to foster liaisons among our organizations toward development of joint conference presentations, joint publications, and/or a health policy briefs on an area of mutual interest. Areas of joint interest for discussion at this session include; what population health means for primary care practices; best practices for engaging patents; how to design projects with policy impact in mind; or working with PBRNs to bring clinical concepts/ evidence-based products into practice. The network includes over 2,000 physicians and clinicians, approximately 4 million patients, and it has 42 research projects in its portfolio including some involving shared decision making, chronic pain, diabetes, and cancer screening. They are expanding their network\u2019s reach on healthy lifestyle interventions, primary care trends, and research with an intentional policy component. The network is also partnering with on patient-engagement strategies and research. The North American Primary Care Research Group (NAPCRG) is the world\u2019s largest organization devoted to research in family medicine, primary care and related fields, including epidemiology, behavioral sciences, and health services research (pronounced \u201cNap-Crag\u201d) provides a forum for presenting new knowledge to guide improvement, redesign and transformation of primary care. The mission of the Society of Behavioral Medicine\u2019s (SBM) Scientific and Professional Liaison Council (SPLC) is to develop and foster joint interdisciplinary programs and services with other scientific and professional organizations; we can also coordinate the overall (official) interests of with external organizations. Our professional organizations share multiple clinical and policy interests, as well as some overlapping missions, so collaboration among us could be mutually beneficial, and engaging to conference participants. This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Multi-Morbidity Business Meeting Columbia 9 Moderator: Jerry Suls, PhD, National Cancer Institute, Bethesda Business meeting to discuss plans for upcoming year This session is not available for credit 7:15 a.m. \u2013 8 a.m. Breakfast Roundtable: Integrated Primary Care and Student SIGs Present: Student and Postdoc Matched Mentoring Session for Careers in Primary Care Columbia 10 Moderator: Kathryn E. Kanzler, PsyD Health Science Center San Antonio, San Antonio Small groups of trainees will each be matched with a senior expert in Integrated Primary Care for practical advice on career development. Attendees must complete a preconfernce interests survey and been accepted by the prior to the meeting. Addendum: The Student has already polled their membership and identified 14 \u201cvery interested\u201d candidates. The will solicit more broadly for interested trainees in the coming months, and has already obtained commitments from 8 qualified mentors. This session is not available for credit 8:15 a.m. \u2013 9:30 a.m. Symposium 36: Optimization of Behavioral Interventions Presents: Optimization of Behavioral Interventions: Three Real-World Applications International Ballroom West Content area: Methods Instructional level: Beginner Chair: Kari C. Kugler, PhD, MPH, The Pennsylvania State University, University Park Presenters: Danielle Symons Downs, PhD, The Pennsylvania State University, University Park, PA; Nancy Sherwood, PhD, HealthPartners Institute for Education and Research, Bloomington, MN; and Bonnie Spring, PhD, Northwestern University, Chicago 30 2, 2016 67 Washington 37TH 1, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 37: Digging Deeper: Using Daily Diary Studies to Capture Within and Between Person Predictors of Health Behaviors Lincoln East Content area: Methods Instructional level: Beginner/intermediate Chair: Crystal Park, PhD, University of Connecticut, Mystic Presenters: Kristen Riley, MA, University of Connecticut, Lauderdale By The Sea, FL; and Amanda Chue, BS, American University, Washington Discussant: Joshua M. Smyth, PhD, Pennsylvania State University, University Park 8:15 a.m. \u2013 9:30 a.m. Symposium 38: Physical Activity and Theories and Techniques of Behavior Change Interventions SIGs Present: Theory-Guided Exergames Lincoln West Content area: Physical Activity Instructional level: Beginner/intermediate Chair: Arlen C. Moller, PhD, Illinois Institute of Technology, Chicago Dejan Magoc, PhD, Stetson University, DeLand, FL; Presenters: David Conroy, PhD, College of Health and Human Development, University Park, PA; Nathan K. Cobb, MD, Georgetown University Medical Center, Washington, DC; Amy S. Lu, PhD, Northeastern University, Boston, MA; Ryan E. Rhodes, PhD, University of Victoria, Victoria, BC, Canada Discussant: Tom Baranowski, PhD, Baylor College of Medicine, Houston, TX; Not eligible for continuing education credit 8:15 a.m. \u2013 9:30 a.m. Symposium 39: Adolescent and Young Adult Survivors of Childhood Cancer and Psychodynamic Treatment Perspectives Georgetown East Content area: Cancer Instructional level: Beginner/intermediate Chair: Lauren B. Richardson, MA, Fuller Graduate School of Psychology, Irvine Presenters: Anne T. Nolty, PhD, ABPP-CN, Fuller Theological Seminary, Pasadena, CA; and Bri Staley Shumaker, MA, Fuller Graduate School of Psychology, Pasadena Discussant: Randi McAllister-Black, PhD, City of Hope, Orange 8:15 a.m. \u2013 9:30 a.m. Symposium 40: Clinical Applications of Cancer Genomic Technologies: Patient\u2019s Preferences and Responses Georgetown West Content area: Risk and decision making Instructional level: Intermediate Chair: Catharine Wang, PhD, MSc, Boston University School of Public Health, Boston Presenters: Jada G. Hamilton, PhD, MPH, Memorial Sloan Kettering Cancer Center, New York, NY; Kimberly A. Kaphingst, ScD, University of Utah, Salt Lake City, UT; and Suzanne C. O\u2019Neill, PhD, Georgetown University, Washington Discussant: Jennifer Hay, PhD, Memorial Sloan Kettering Cancer Center, New York 30 2, 2016 68 Washington 1, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 41: Military and Veterans\u2019 Health Presents: High-Risk Patient Groups with Obesity and Implications for Tailoring Weight Loss Treatments Jefferson East Obesity Instructional level: Beginner/intermediate Chair: Robin M. Masheb, PhD Healthcare System, North Haven Presenters: Shira Maguen, PhD, San Francisco Medical Center, San Francisco, CA; and Diana Higgins, PhD Boston Healthcare System, Boston Discussant: Corrine Voils, PhD, Durham Medical Center, Duke University Medical Center, Durham 8:15 a.m. \u2013 9:30 a.m. Symposium 42: Ethnic Minority and Multicultural Health Sig Presents: Innovative and Culturally Responsive Interventions to Improve Cancer survivorship Outcomes in Diverse Populations Jefferson West Content area: Other Instruction level: Beginner/intermediate Chair: Qian Lu, MD, PhD, University of Houston, Houston Co-Presenter: Kristi D. Graves, PhD, Lombardi Comprehensive Cancer Center, Georgetown University, Washington, DC; and Kimlin T. Ashing, PhD, Beckman Research Institute, City of Hope Medical Center, Duarte Discussant: Hayley S. Thompson, PhD, Wayne State University - Karmanos Cancer Institute, Detroit 8:15 a.m. \u2013 9:30 a.m. Symposium 43: Obesity and Eating Disorder and Physical Activity SIGs Present: Innovative Strategies to Assess and Target Sedentary Behavior across the Lifespan Monroe Co-Chair: Kristi Graves Content area: Physical activity Instruction level: Intermediate Chair: Melissa Napolitano, PhD, George Washington University, Washington Presenters: Genevieve F. Dunton, PhD, MPH, University of Southern California, Los Angeles, CA; Dale S. Bond, PhD, Brown Alpert Medical School/ The Miriam Hospital Weight Control and Diabetes Research Center, Providence, RI; and Abby King, PhD, Stanford University School of Medicine, Stanford Discussant: Beth Lewis, PhD, University of Minnesota, Minneapolis 8:15 a.m. \u2013 9:30 a.m. Symposium 44: The Bio-psycho-social factors Influencing Pain and Impact of Pain on Function in the Post Hip Fracture Period Fairchild Content area: Pain Instructional level: Intermediate/advanced Chair: Barbara Resnick, PHD, CRNP, FAAN, FAANP, University of Maryland School of Nursing, Baltimore Presenters: Jennifer Klinedinst, PhD , University of Maryland School of Nursing, Baltimore, MD; and Susan Dorsey, PhD, RN, FAAN, University of Maryland School of Nursing, Baltimore Discussant: Laura Yerges-Armstrong, PhD, University of Maryland School of Medicine, Baltimore 30 2, 2016 69 Washington 37TH 1, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 45: Theories and Techniques of Behavior Change Interventions Presents: Developing and Testing Theory-Based Digital Behavioral Interventions Cabinet Content area: Other Instructional level: Intermediate Chair: Susan Michie, PhD, University College London, London, United Kingdom Presenters: Kevin Masters, PhD, University of Colorado Denver, Denver, CO; and Robert West, PhD, University College London, London, United Kingdom Discussant: David M. Williams, PhD, Brown University School of Public Health, Providence 8:15 a.m. \u2013 9:30 a.m. Symposium 46: Diabetes Presents: Crossing the eHealth chasm: Technology-mediated diabetes prevention and management interventions (Symposium) Columbia 6 Content area: Diabetes Instructional level: Intermediate Chair: Karl E. Minges, MPH, Yale University, Wallingford Presenters: Lyndsay A. Nelson, PhD, Vanderbilt University Medical Center, Nashville, TN; Cameron Sepah, PhD, University of California, San Francisco, San Francisco, CA; and Caroline R. Richardson, MD, University of Michigan, Ann Arbor Discussant: Robin Whittemore, PhD, APRN, FAAN, Yale University, Orange 8:15 a.m. \u2013 9:30 a.m. Symposium 47: Importing, Adapting, and Evaluating Open Streets & Cyclovia to Increase Physical Activity Levels Columbia 8 Content area: Physical Activity Instructional level: Beginner Chair: David Berrigan, PhD, MPH, National Cancer Institute, Bethesda Presenters: Olga Sarmiento, MD, PMH, PhD, University of Los Andes, Bogota, Colombia; Michael Pratt, MD, MSPE, MPH, Emory University Rollins School of Public Health, Atlanta, GA; and J. Aaron Hipp, PhD, Department of Parks, Recreation, and Tourism Management and Center for Geospatial Analytics, Raleigh Discussant: Gil Penalosa, MBA. PHDhc, CSP, 8-80 Cities, Toronto, N/A, Canada 8:15 a.m. \u2013 9:30 a.m. Symposium 48: Framing and Training: Key Influences on Physical Activity Perception, Affect, and Experience Columbia 9 Content area: Physical activity Instructional level: Beginner/intermediate Chair: Angela Bryan, PhD, University of Colorado Boulder, Boulder Presenters: Michelle Segar, PhD, MPH, University of Michigan, Ann Arbor, MI; Arielle S. Gillman; and Courtney J. Stevens, MA, University of Colorado Boulder, Boulder Discussant: Audie Atienza, PhD, National Institutes of Health, Rockville 30 2, 2016 70 Washington 1, 2016 8:15 a.m. \u2013 9:30 a.m. Symposium 49: Ethnic Minority and Multicultural Health Presents: Faith-Based or Culturally- Tailored Community-Based Programs to Improve Minority Health Columbia 10 Content area: Other Instructional level: Intermediate Chair: Aasim Padela MSc, Initiative on Islam and Medicine, Program on Medicine and Religion & Section of Emergency Medicine, Department of Medicine, University of Chicago, Chicago Presenters: Milkie Vu, MA, The University of Chicago, Chicago, IL; Elizabeth Lynch, PhD, Rush University Medical Center, Chicago, IL; Claire Townsend, DrPH., University of Hawaii at Manoa, Honolulu, HI; and Aasim Padela MSc, Initiative on Islam and Medicine, Program on Medicine and Religion & Section of Emergency Medicine, Department of Medicine, The University of Chicago, Chicago Discussant: Michele Heisler, MD, MPA, University of Michigan Medical School, Ann Arbor 8:15 a.m. \u2013 9:30 a.m. Symposium 50: Novel Behavioral and Psychological Screening Strategies for Children and Adolescents in Medical Contexts Columbia 11 Content area: Mental health Instructional level: Intermediate/advanced Chair: Eleanor R. Mackey, PhD, Children\u2019s National Health System, Washington Presenters: Steven J. Hardy, PhD, Children\u2019s National Health System Children\u2019s National Health System and George Washington University School of Medicine and Health Sciences, Washington, DC; Kristina K. Hardy, PhD, The George Washington University School of Medicine/ Children\u2019s National Medical Center, Washington, DC; and Leandra Godoy, PhD, Children\u2019s National Health System, Washington Discussant: Maureen Monaghan, PhD, Children\u2019s National Health System, Washington 8:15 a.m. \u2013 9:30 a.m. Symposium 51: Stress, Coping, and Social Relationships Among Individuals Affected by Rare Diseases Columbia 12 Content area: Other Instructional level: Beginner/intermediate Chair: Marci Lobel, PhD, Stony Brook University, Stony Brook Presenters: Laura Koehly, PhD, National Institutes of Health, Bethesda, MD; Amy Frohnmayer, MA, Oregon State University - Cascades, Bend, OR; and Jennifer Nicoloro SantaBarbara, MA, Stony Brook University, Stony Brook Discussant: Tracey A. Revenson, PhD, Hunter College and the Graduate Center, City University of New York, New York 8:15 a.m. \u2013 9:30 a.m. Presidential Symposia: Pros and Cons of E-Cigarettes Chair: David B. Abrams, PhD, Schroeder Institute for Tobacco Research and Policy Studies at Legacy, Washington Presenters: David B. Abrams, PhD, Schroeder Institute for Tobacco Research and Policy Studies at Legacy, Washington, DC; and Scott J. Leischow, PhD, Mayo Clinic, Scottsdale Discussant: Scott Burris, temple (Director, Public Health Law Research, Temple University 30 2, 2016 71 Washington 37TH 1, 2016 9:45 a.m. \u2013 10:45 a.m. Keynote Presenter: Jeanette Betancourt, EdD, Sesame Workshop, New York Sesame Street, produced by Sesame Workshop, is the longest-running children\u2019s television program in the United States. Dr. Betancourt is the senior vice president of U.S. social impact for Sesame Workshop. The Educational Outreach Department at Sesame Workshop develops materials to serve families in need through public service initiatives that reach children and those who care for them. In particular, Sesame Workshop develops health initiatives that serve low-income families. One such initiative, Healthy Habits for Life (HHFL), provides tools and ideas to families, children, and child-care providers to establish lifelong habits that support healthy lifestyles and good nutrition. Evaluations of the impact of on low-income caregivers and young children help measure the effectiveness of these materials 11 a.m. \u2013 12 p.m. Midday Meetings Midday meetings are interactive meetings sponsored by one of SBM\u2019s various special interest groups (SIGs), councils, or committees. Friday Midday Meetings 11 a.m. \u2013 12 p.m. Midday Meeting: Multiple Health Behavior Change, Physical Activity, Obesity and Eating Disorders, Optimization of Behavioral Interventions, Theories and Techniques of Behavior Change Interventions SIGs Present: Debate: Social Cognitive Theories No Longer Provide a Comprehensive Approach for Understanding and Improving Health Related Behaviours International Ballroom East Moderator: Susan Michie, DPhil, CPsych, FBPS, University College London, London, United Kingdom Speakers:Jennifer Linde, PhD, University of Minnesota, USA; Ryan Rhodes, PhD, University of Victoria, Canada; William Riley, PhD, National Cancer Institute, USA; Donna Spruijt-Metz, MFA, PhD, University of Southern California Social cognitive theories broadly state that a person\u2019s behaviour is a function of their expectancies of success and their value of the behaviour. These theories have been widely used to develop and evaluate strategies to prevent illness or promote health-related behaviours (e.g., smoking cessation, physical activity, diet). However, critiques of social cognitive theories and calls for their \u2018retirement\u2019 have emerged in the literature. We will debate the proposition: \u201cSocial cognitive theories no longer provide a comprehensive approach for understanding and improving health related behaviours\u201d. The debate will follow the standard procedure of a \u2018mover\u2019, \u2018opposer\u2019 (5 minutes each), \u2018seconder\u2019 and \u2018second opposer\u2019 (3 minutes each). The debate will then be open to the floor with contributions of up to 2 minutes. There will then be closing remarks by the mover and oppose (2 minutes). The impact of the debate on participants\u2019 views will be assessed by a vote taken at the start and at the end. The aim is to have a lively, informative and enjoyable discussion on a topic where there is merit on both sides of the argument. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Diabetes Presents: Current Research and Practice Trends in Diabetes \u2013 Meet the Experts International Ballroom West Moderator: Barbara Stetson, PhD, University of Louisville, Louisville This midday activity draws from the expertise available in the Washington area to offer the opportunity to participate in an informal, interactive conversation hour with national experts on current research and practice trends related to diabetes. Expert participants will be Christine Hunter, Ph.D., Director of Behavioral Research in the Division of Diabetes, Endocrinology, and Metabolic Diseases at the National Institute of Diabetes and Digestive and Kidney Diseases, William Tynan, Ph.D., Director of Integrated Health Care at the American Psychological Association\u2019s Center for Psychology and Health, and Robyn Osbourne, Ph.D., Assistant Director of the National Center for Weight and Wellness. The expert participants will present a brief overview of the current research / practice trends in their respective areas. The majority of the hour will be spent in interactive discussions with opportunities to join breakout conversations using rotating roundtable formats. This conversation hour is appropriate for students, and clinicians and researchers across the career trajectory and disciplines. This session is not available for credit 30 2, 2016 72 Washington 1, 2016 11 a.m. \u2013 12 p.m. Midday Meeting: Women\u2019s Health and Physical Activity SIGs Present: Do have to exercise to lose weight, or not friendly debate Columbia 8 Moderator: Jennifer Huberty, PhD, Arizona State University, Phoenix, AZ; Beth Lewis, PhD, University of Minnesota, Minneapolis The Women\u2019s Health and Physical Activity SIGs are proud to present a discussion about the role of exercise (and nutrition/diet) for weight loss/ management in middle-aged women. Panelists will have a \u201cdebate\u201d about the necessity of exercise for weight loss among women and the \u201cfacts and myths\u201d associated with this topic. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Aging and Student SIGs Present: Hear it from the Experts Professional Development Panel Columbia 9 Chair: Neha P. Gothe, MA, MS, PhD, Wayne State University, Detroit Moderator: Brenna N. Renn, MA, Baylor College of Medicine, Houston Panelists: Edward McAuley, PhD, University of Illinois at Urbana-Champaign, Champaign, IL; Abby C. King, PhD, Stanford School of Medicine, Stanford, CA; Barbara Resnick, PhD, RN, CRNP, FAAN, FAANP, University of Maryland School of Nursing, Baltimore This panel will convene Fellows, including past recipients of the Distinguished Mentor Award and a past president. These senior scientists will offer their advice on broad-sweeping professional development and career development themes, including mentorship related to graduate and post-doctoral careers, interdisciplinary collaboration, and professional leadership. Students, postdoctoral fellows, and early career professionals from all SIGs are welcome. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: Spirituality and Health Presents: New and Distinguished Investigator Awards & Oral Presentations Columbia 10 Moderator: John Salsman, PhD, Wake Forest School of Medicine, Winston-Salem, NC; Andrea Clements, PhD, East Tennessee State University, Johnson City Awards will be presented for New and Distinguished Investigator Awards in Spirituality and Health. Awardees will provide a review of their work and future directions. This session is not available for credit 11 a.m. \u2013 12 p.m. Midday Meeting: From the exam room to the delivery room: maternal health in an integrated behavioral health setting Columbia 11 Moderator: Kathryn E. Kanzler, PsyD Health Science Center of San Antonio, San Antonio, TX; Jennifer Huberty, PhD, Arizona State University, Phoenix Panelists: Kendra Campbell, PhD, University of Alaska Fairbanks, Fairbanks, AK; Jenn Leiferman, PhD, University of Colorado Health Science Center, Denver, CO; Leigh Ann Simmons, PhD, Duke University, Durham Integrated behavioral health in primary care is critical for good overall healthcare majority of women during childbearing age receive their primary care services in clinics, presenting an opportunity to promote healthy lifestyle behaviors. Pregnant and postpartum women are at risk for a variety of behavioral health concerns such as stress, depression, and overweight/obesity, all of which can be addressed in the context of maternal healthcare. The purpose of this panel is to address behavioral health both during pregnancy through delivery/postpartum within the integrated healthcare setting. Panelists will discuss: 1) considerations and suggestions for addressing prenatal stress and psychological health in routine prenatal care, 2) how to train providers to counsel on prenatal health behaviors and manage perinatal mood disorders in their patients, as well as how to connect the clinical setting with community resources, and 3) how to help women manage their weight during pregnancy and postpartum. This session is not available for credit 30 2, 2016 73 Washington 37TH 1, 2016 11 a.m. \u2013 12 p.m. Midday Meeting: Pain Award Session Columbia 12 Moderator: The purpose of the Pain Awards Session will be to recognize meritorious research submissions by student members of SBM. Using the Pain Listserv and other advertising approaches (e.g., Division 38 Health Psychology Listserv, university listervs, email blasts to graduate training programs), students will be invited to submit abstracts for the awards session. Recipients will be selected by a peer-review committee. The committee will be established by volunteers identified using the Pain Listserv. Dr. Lara Dhingra will Chair the committee and facilitate the selection process. This session is not available for credit 11 a.m. \u2013 12 p.m. Panel Discussion 11: Sink or Swim! Experience from Early Career Professionals Lincoln East Content area: Education, training and/or career development Instructional level: Beginner Panelists: Deirdre Dlugonski, PhD, East Carolina University, Greenville, NC; Siobhan M. Phillips, PhD, MPH, Northwestern University Feinberg School of Medicine, Chicago, IL; Emily L. Mailey, PhD, Kansas State University, Manhattan, KS; David B. Portnoy, PhD Food and Drug Administration, Silver Spring, MD; Matthew Banegas, Phd, MPH, MS, Kaiser Permanente Center for Health Research, Portland 11 a.m. \u2013 12 p.m. Panel Discussion 12: Mentoring at a Distance Lincoln West Content area: Education, training and/or career development Instructional level: Beginner Panelists: Xiaomeng Xu, PhD, Idaho State University, Pocatello, ID; Alexandra DeSorbo-Quinn, MPH, Pilot Light, Chicago, IL; Margaret Schneider, PhD, University of California, Irvine, Irvine, CA; Abby King, PhD, Stanford University School of Medicine, Stanford, CA; John Allegrante, PhD, Teachers College, Columbia University, New York, NY; and Claudio Nigg, PhD, FSBM, University of Hawaii, Honolulu 11 a.m. \u2013 12 p.m. Panel Discussion 13: Using mHeath to Address Health Behaviors in High Risk Populations: Challenges and Opportunities to Advance a Research Agenda Georgetown East Content area: Other Instructional level: Intermediate Panelists: Bonnie Spring, PhD, Northwestern University, Chicago, IL; John A. Naslund, MPH, Dartmouth College, Lebanon, NH; Mary F. Brunette, MD, Geisel School of Medicine at Dartmouth, Concord, NH; Elizabeth Carpenter-Song, PhD, Geisel School of Medicine at Dartmouth, Lebanon, NH; Joelle C. Ferron, PhD, MSW, Geisel School of Medicine at Dartmouth College, Danville 11 a.m. \u2013 12 p.m Panel Discussion 14: information Technology Among Baby Boomers- How Social Media Sites are Shaping Health Communication Among Older Americans Georgetown West Content area: Risk and decision making Instructional level: Intermediate Panelists: Crystal Y. Lumpkins, PhD, University of Kansas Medical Center, Kansas City Hyunijini Seo, PhD, University of Kansas, Lawrence Mugur V. Geana, MD, PhD, University of Kansas, Lawrence, KS; Natbhona Mabachi, Allen Greiner, Jesse Salinas, and Eva Laverne Manos - Leadership/Informatics, University of Kansas, Kansas City 30 2, 2016 74 Washington 1, 2016 11 a.m. \u2013 12 p.m. Panel Discussion 15: Using Social Media for Obesity Treatment and Prevention Programs: Strategies and Lessons Learned Jefferson East Content area: Obesity Instructional level: Beginner Panelists: Melissa Napolitano, PhD, George Washington University, Washington, DC; Brie Turner-McGrievy, PhD, MS, RD, University of South Carolina, Columbia, SC; and Jessica Whiteley, PhD, UMass Boston, Boston 11 a.m. \u2013 12 p.m. Panel Discussion 16: Collaborative Bench-to-Bedside Fellowships: Building the Next Generation of Health Behavior Scientists Jefferson West Content area: Education, training and/or career development Instructional level: Intermediate Panelists: Gwenyth R. Wallen, PhD and Alyssa T. Brooks, PhD, National Institutes of Health, Bethesda 11 a.m. \u2013 12 p.m. Panel Discussion 17: Implementation of Health Information Technology within Behavioral Health Settings: Challenges and Lessons Learned Monroe Content area: Mental health Instructional level: Beginner/intermediate Panelists: Kimberly Center, MA, Andrew Sarkin, PhD, and Kyle Choi Health Services Research Center, La Jolla 11 a.m. \u2013 12 p.m. Panel Discussion 18: Diabetes Presents: Use and Abuse of Technology: eHealth Factors that Engage or Alienate Patients and Providers Fairchild Content area: Diabetes Instructional level: Beginner/intermediate Panelists: Karl E. Minges, MPH, Yale University, Wallingford, CT; Carly Michelle. Goldstein, PhD, Alpert Medical School of Brown University/The Miriam Hospital Weight Control and Diabetes Research Center, Providence, RI; Amy Huebschmann, MD, MS, University of Colorado School of Medicine, Aurora, CO; Chandra Y. Osborn, PhD, MPH, Vanderbilt University Medical Center, Nashville, TN; and Mark Heyman, PhD, Center for Diabetes and Mental Health, Solana Beach 11 a.m. \u2013 12 p.m. Panel Discussion 19: Re-Integrating Brain, Mind, and Body to Treat Patients with Symptoms that area Clinically Not Consistent with Medical Diagnosis Cabinet Content area: Stress Instructional level: Beginner/intermediate Panelists: Elissa H. Patterson, PhD, University of Michigan, Ann Arbor, MI; Seime J. Richard, PhD, ABPP, LP, Mayo Clinic College of Medicine, Rochester, MN; and Schubiner Howard, MD, board-certified in pediatrics, adolescent medicine, and internal medicine, Providence Hospital, Southfield 30 2, 2016 75 Washington 37TH 1, 2016 11 a.m. \u2013 12 p.m. Panel Discussion 20: Navigating Burdens: Understanding the Connection between Culture, Burden, and Health Decisions in the Latino Population Columbia 6 Content area: Stress Instructional level: Beginner Panelists: Luc\u00eda I. Flor\u00edndez, MA, and Daniella Flor\u00edndez, MPH, University of Southern California, Burbank 11:30 a.m. \u2013 1:30 p.m. Exhibit Hall Open Stop by vendors\u2019 tables in the exhibit hall. 12:30 p.m. \u2013 1:30 p.m. Master Lecture Presenter: Jessica Donze Black, RD, MPH, The Pew Charitable Trusts, Washington Over the last 15 years, our nation\u2019s children have become less healthy and are at higher risk for serious chronic health issues. Additionally, numerous reports have recently identified gaps in food-safety policies, potentially allowing unsafe food onto children\u2019s lunch trays. The Kids\u2019 Safe and Healthful Foods Project, a collaboration between the Robert Wood Johnson Foundation and The Pew Charitable Trusts, works to address these issues. The project provides nonpartisan analysis and evidence-based recommendations on policies that affect the safety and healthfulness of school foods. Ms. Black is the project\u2019s director. She will discuss the role of school nutrition in children\u2019s health and well-being: where we\u2019ve been, where we are, and where we\u2019re going. 12:30 p.m. \u2013 1:30 p.m. Paper Session 26: Smoking and Social Media International Ballroom West Content area: Smoking/tobacco Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Use of Twitter to Assess Sentiment toward Waterpipe Tobacco Smoking Jason B. Colditz, MEd, and Maharsi Naidu, University of Pittsburgh, Pittsburgh, PA; Noah A. Smith, PhD, University of Washington, Seattle, WA; Joel Welling, PhD, Carnegie Mellon University, Pittsburgh, PA; and Brian A. Primack, MD, PhD, University of Pittsburgh, Pittsburgh 12:45 p.m. \u2013 1 p.m Tale of Two Tools: Reliability and Feasibility of Examining Twitter Mentions about E-Cigarettes from Two Social Media Tools Amelia Burke-Garcia, MA, and Cassandra A. Stanton, PhD, Westat, Rockville 1 p.m. \u2013 1:15 p.m. Share2Quit Facebook Peer Innovation Rajani S. Sadasivam, PhD, and Sarah L. Cutrona, MD, MPH, University of Massachusetts Medical School, Worcester, MA; Tana Luger, PhD, MPH, Department of Veterans Affairs, Glendora, CA; Sowmya R. Rao, PhD, Boston University, Boston, MA; and Jeroan Allison, MD, MS, and Thomas Houston, MD, MPH, University of Massachusetts Medical School, Worcester 1:15 p.m. \u2013 1:30 p.m. Social Media Outreach for Smoking Cessation Brian Keefe, MA, Kasia Galica, Emily Grenen, Kisha I. Coa, PhD, MPH, and Jessica Havlak International, Rockville, MD; and Erik Augustson, PhD, MPH, National Cancer Institute, Rockville 30 2, 2016 76 Washington 1, 2016 12:30 p.m. \u2013 1:30 p.m. Diet, Activity, and Weight Management in Racial and Ethnic Minorities Lincoln East Content area: Child/adolescent health, cardiovascular, obesity Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Weight Management Behaviors among Mexican American Youth: Variation by Growth and Maturation Jennifer L. Gay, PhD, University of Georgia, Athens, GA; and Eva Monsma, PhD, University of South Carolina, Columbia 12:45 p.m. \u2013 1 p.m. Racial/Ethnic Disparities in Meeting 5-2-1-0 Recommendations among U.S. Adolescents Christina F. Haughton, MPH, and Stephenie C. Lemon, PhD, University of Massachusetts Medical School, Worcester 1 p.m. \u2013 1:15 p.m. Improving Heart Health Behaviors among African American Women: Civic Engagement as a Novel Approach to Behavior Change Sara Folta, PhD, and Alison G.M. Brown, MS, Tufts University, Boston, MA; Nesly Metayer, MA, PhD, EdM, Suffolk University, Boston, MA; and Linda B. Hudson, ScD, ScM, MSPH, Tufts University, Boston 1:15 p.m. \u2013 1:30 p.m. Black-White Differences in Self-Efficacy and Weight Change in a 12-Month Behavioral Weight Loss Program Rachel Goode, MSW, Qianheng Ma, MS, Susan M. Sereika, PhD, Lu Hu, Juliet M. Mancino, MS, Meghan K. Mattos, MSN, Dara Mendez, PhD, MPH, Christopher C. Imes, PhD, and Cynthia Danford, PhD, RN, PNP-BC, CPNP-PC, University of Pittsburgh, Pittsburgh, PA; Yaguang Zheng, PhD, MSN, RN, Boston College, Chestnut Hill, MA; and Lora E. Burke, PhD, MPH, FAHA, FAAN, University of Pittsburgh, Pittsburgh 12:30 p.m. \u2013 1:30 p.m. Cancer Treatment Decision Making Research Lincoln West Content area: Cancer, decision making Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Prostate Cancer Patients\u2019 Quality of Relationship with their Physicians Impacts their Treatment Choice Heather Orom, PhD, State University of New York at Buffalo, Buffalo, NY; Zinan Cheng, Touro College of Osteopathic Medicine, New York, NY; I\u2019Yanna Scott, State University of New York at Buffalo, Buffalo, NY; Willie Underwood III, MD, MSci, MPH, Roswell Park Cancer Institute/State University of New York at Buffalo, Buffalo, NY; and D. Lynn Homish, BS, State University of New York at Buffalo, Buffalo 12:45 p.m. \u2013 1 p.m. Active Treatment Decision Making Associated with Better Decisional Outcomes, but More Decisional Difficulty Caitlin Biddle, MA, State University of New York at Buffalo, Buffalo, NY; Willie Underwood III, MD, MSci, MPH, Roswell Park Cancer Institute/State University of New York at Buffalo, Buffalo, NY; and D. Lynn Homish, BS, and Heather Orom, PhD, State University of New York at Buffalo, Buffalo 1 p.m. \u2013 1:15 p.m Qualitative Analysis of Medical Decision Making and Illness Experience in Papillary Thyroid Cancer Thomas D\u2019Agostino, PhD, and Elyse Shuk, MA, Memorial Sloan Kettering Cancer Center, New York, NY; Erin Maloney, PhD, University of Pennsylvania, Philadelphia, PA; Rebecca Zeuren, NP, and Michael Tuttle, MD, Memorial Sloan Kettering Cancer Center, New York, NY; and Carma Bylund, PhD, Hamad Medical Corp., Doha, Qatar 30 2, 2016 77 Washington 37TH 1, 2016 1:15 p.m. \u2013 1:30 p.m. An Assessment of Factors Influencing Physicians\u2019 Treatment Recommendations for Low-Risk Prostate Cancer Paula Bellini, MA, American University, Washington, DC; Kimberly M. Davis, PhD, Charlotte Hagerman, BA, Riley Zinar, and Daniel Leigh, Georgetown University, Washington, DC; Amethyst Leimpeter, MS, Kaiser Permanente Northern California, Oakland, CA; Kathryn Taylor, PhD, Georgetown University, Washington, DC; Richard Hoffman, MD, MPH, University of Iowa Carver College of Medicine, Iowa City, IA; and Stephen K. Van Den Eeden, PhD, Kaiser Permanente Northern California, Oakland 12:30 p.m. \u2013 1:30 p.m. Paper Session 29: Patient Engagement and Health Communication Georgetown East Content area: Education, training and/or career, child/adolescent health, primary care Instructional level: All levels Chair: 12:30 p.m. \u2013 12:45 p.m. The Smarxt Media Literacy Program Pilot Study to Improve Evidence-Based Prescribing among Medical Residents Bethany Corbin, BS, Jason B. Colditz, MEd, Allison Raithel, Galen E. Switzer, PhD, Jaime Sidani, PhD, MPH, CHES, Patricia Klatt, PharmD, and Brian A. Primack, MD, PhD, University of Pittsburgh, Pittsburgh 12:45 p.m. \u2013 1 p.m. Adolescents\u2019 Perspective on the Physical, Social, and Psychological Aspects of Being on a Waiting List for Orthopedic Surgery Marie Achille, PhD, Marie Grimard, Magali Lang, BA, and Vanessa L\u00e9veill\u00e9, BA, University of Montreal, Montreal, Quebec, Canada; Stefan Parent, MD, PhD, Centre Hospitalier Universitaire Sainte-Justine, Montreal, Quebec, Canada; Sylvie LeMay, PhD, University of Montreal, Montreal, Quebec, Canada; and Soraya Barchi, BSc, Julie Joncas, BScN, and Guy Grimard, MD, Centre Hospitalier Universitaire Sainte-Justine, Montreal, Quebec, Canada 1 p.m. \u2013 1:15 p.m. Continuing the Conversation: Ongoing Follow-Up of Personalized Health Plans Tana Luger, PhD, MPH, Department of Veterans Affairs, Glendora, CA; Barbara Bokhour, PhD, Department of Veterans Affairs, Bedford, MA; Rendelle E. Bolton, MA, MSW, Edith Nourse Rogers Memorial Veterans Hospital, Bedford, MA; Mollie A. Ruben, PhD, Boston Healthcare System, Boston, MA; Timothy P. Hogan, PhD, and Anna M. Barker, MS, Veterans Health Administration, Bedford, MA; and Gemmae M. Fix, PhD Center for Healthcare Organization and Implementation Research, Bedford 1:15 p.m. \u2013 1:30 p.m. Agency and Resistance Strategies among Black Primary Care Patients Janella Hudson, PhD, Moffitt Cancer Center, Tampa, FL; and Susan Eggly, PhD, and Louis Penner, PhD, Wayne State University/ Karmanos Cancer Institute, Detroit 12:30 p.m. \u2013 1:30 p.m. Paper Session 30: Improving Outcomes in Heart Failure Georgetown West Content area: Cardiovascular Instructional level: All levels Chair: 12:30 p.m. \u2013 12:45 p.m. Anger, Hostility, and Re-Hospitalizations in Patients with Heart Failure Structural Equation Modeling Assessment Felicia Keith, MS, David S. Krantz, PhD, Catherine M. Ware, MA, and Amy Lee, Uniformed Services University of the Health Sciences, Bethesda, MD; Paula Bellini, MA, American University, Washington, DC; Kristie Harris, MS, Ohio State University, Columbus, OH; and Stephen Gottlieb, MD, University of Maryland, Baltimore 12:45 p.m. \u2013 1 p.m. Anger and Short-Term Heart Failure Outcomes: Comparison with Perceived Stress Andrew J. Dimond, BA, David S. Krantz, PhD, Andrew Waters, and Romano Endrighi, Uniformed Services University of the Health Sciences, Bethesda, MD; and Stephen Gottlieb, MD, University of Maryland, Baltimore 30 2, 2016 78 Washington 1, 2016 1 p.m. \u2013 1:15 p.m. Succeed Pilot Study of Heart Failure Self-Management Program for Couples Ranak Trivedi, PhD, and Cindie Slightam Palo Alto Healthcare System, Palo Alto, CA; and Vincent Fan, MD, and Karin Nelson Puget Sound Health Care System, Seattle 1:15 p.m. \u2013 1:30 p.m. Patient, Caregiver, and Providers\u2019 Perceptions of Barriers to Heart Failure Care Cindie Slightam, MPH, and Andrea Nevedal, PhD Palo Alto Healthcare System, Palo Alto, CA; Vincent Fan, MD, and Karin Nelson Puget Sound Health Care System, Seattle, WA; and Ranak Trivedi, PhD Palo Alto Healthcare System, Palo Alto 12:30 p.m. \u2013 1:30 p.m. Paper Session 31: Symptom Burden and Quality of Life in Patients with Cancer Jefferson East Content area: Cancer, other Instructional level: All levels Chair: 12:30 p.m. \u2013 12:45 p.m. Racial Identity Attitudes and Health-Related Quality of Life among Black Breast Cancer Survivors Nicole Whitehead, PhD, and Paris Wheeler, BS, University of Florida, Gainesville, FL; Debra Annane, MA, MPH, and Belinda Ryan Robertson, BS, University of Miami, Miami, FL; Michael Antoni, PhD, University of Miami, Coral Gables, FL; and Suzanne Lechner, PhD, University of Miami, Miami 12:45 p.m. \u2013 1 p.m. Disease Burden and Pain in Obese Cancer Patients with Chemotherapy Induced Neuropathic Pain: Opportunity for Intervention Emily C. Martin, PhD, Lisa H. Trahan, PhD, Matthew Cox, PhD, Diane Novy, PhD, and Patrick M. Dougherty, PhD, University of Texas Anderson Cancer Center, Houston 1 p.m. \u2013 1:15 p.m. Influence of Change in Employment Participation on Health-Related Quality of Life in Middle-Aged Colorectal Cancer Survivors Jeff Vallance, PhD, Athabasca University, Athabasca, Alberta, Canada; Vanessa L. Beesley, PhD Berghofer Medical Research Institute, Brisbane, Queensland, Australia; Gabor Mihala, PhD, Griffith University, Meadowbrook, Queensland, Australia; Brigid Lynch, PhD, Cancer Council Victoria, Melbourne, Victoria, Australia; and Louisa Gordon, PhD, Griffith University, Meadowbrook, Queensland, Australia 1:15 p.m. \u2013 1:30 p.m. Influence of Cognitive Behavioral Therapy for Insomnia on Quality of Life in Cancer Survivors Anita Peoples, PhD, and Charles Heckler, PhD, University of Rochester Medical Center, Rochester, NY; Sheila Garland, PhD, Memorial University, St. John\u2019s, New Foundland, Canada; and Charles Kamen, PhD, MPH, Luke Peppone, PhD, MPH, Karen Mustian, PhD, MPH, Gary Morrow, PhD, and Joseph A. Roscoe, PhD, University of Rochester Medical Center, Rochester 12:30 p.m. \u2013 1:30 p.m. Poster Session 32: Community-Based Efforts to Reduce Childhood Obesity Jefferson West Content area: Physical activity, child/adolescent health, obesity Instructional level: Intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Effect of Play Streets on Physical Activity in Children Robert L. Newton Jr., PhD, Pennington Biomedical Research Center, Baton Rouge, LA; Kaitlin Hanken, MPH, Louisiana State University Health Sciences Center, Baton Rouge, LA; Arwen M. Marker, BA, University of Kansas, Lawrence, KS; Diane Drake, MS, East Baton Rouge Parish Recreation Department, Baton Rouge, LA; Katherine M. Eagan, and Samantha Olivero, Pennington Biomedical Research Center, Baton Rouge, LA; Michael B. Edwards, PhD, North Carolina State University, Raleigh, NC; and Stephanie Broyles, PhD, Pennington Biomedical Research Center, Baton Rouge 30 2, 2016 79 Washington 37TH 1, 2016 12:45 p.m. \u2013 1 p.m. Effectiveness of the Healthy Kids Out of School Program Christina D. Economos, PhD, Stephanie Anzman-Frasca, PhD, Alyssa Koomas, MPH, Sara Folta, PhD, Karen Fullerton, MEd, Diane Gonsalves, MS, Jennifer Sacheck, PhD, Clarissa M. Brown, MS, MPH, and Miriam E. Nelson, PhD, Tufts University, Boston 1 p.m. \u2013 1:15 p.m. Translation of the Fit Intervention Student Delieved Weight Loss Program in Primarily Hispanic Families Heather Kitzman-Ulrich, PhD, University of North Texas Health Science Center, School of Public Health, Fort Worth, TX; Qianzi Zhang, BMedSci, MPH, CPH, Texas Prevention Institute, Houston, TX; JoAnn Carson, PhD, RDN, University of Texas Southwestern Medical Center, Dallas, TX; Doug Fox Organizational Leader of Metropolitan Fort Worth (Formerly the of Metro Dallas), Ft Worth, TX; Mark DeHaven, PhD at Charlotte, Charlotte, NC; and Dawn K. Wilson, PhD, University of South Carolina, Columbia 1:15 p.m. \u2013 1:30 p.m. Variations in the Effects of Structured Programming for Preventing Youth Summertime Weight Gain Amy Bohnert, PhD, Loyola University, Chicago, IL; Nicole Zarrett, PhD, University of South Carolina, Columbia, SC; and Kenneth Lee, MA, and Deborah Lowe Vandell, PhD, University of California-Irvine, Irvine 12:30 p.m. \u2013 1:30 p.m. Paper Session 33: Health Behavior Theories and Conceptual Frameworks Monroe Content area: Smoking/tobacco, obesity, methods, risk and decision making Instructional level: All levels Chair: 12:30 p.m. \u2013 12:45 p.m. Implicit Theories of Smoking and Association with Current Smoking Status Chan Thai, PhD, MPH, National Cancer Institute, Rockville, MD; Kisha I. Coa, PhD International, Rockville, MD; and Annette Kaufman, PhD, MPH, National Cancer Institute, Rockville 12:45 p.m. \u2013 1 p.m. Implicit Theories about Body Weight in the Context of Genetic and Behavioral Causal Explanations for Overweight Jennifer Taber, PhD, National Cancer Institute, Bethesda, MD; William Klein, PhD, National Cancer Institute, Rockville, MD; Susan Persky, PhD, National Human Genome Research Institute, Bethesda, MD; and Rebecca Ferrer, PhD, and Annette Kaufman, PhD, MPH, National Cancer Institute, Rockville 1 p.m. \u2013 1:15 p.m. How Should Expectations and Values be Combined to Predict Health-Related Outcomes? Lauren A. Fowler, BS, Paige Clarke, MS, Steffi Renninger, BA, Rita Dwan, BA, and Tonya Dodge, PhD, George Washington University, Washington 1:15 p.m. \u2013 1:30 p.m. Curvilinear/Threshold Model of Benefit/Barrier-Behavior Relations: Improved Model Fit and Conceptual Coherence Marc T. Kiviniemi, BA, PhD, State University of New York at Buffalo, Buffalo 12:30 p.m. \u2013 1:30 p.m. Paper Session 34: Sun Safety and Sun Protective Behavior Fairchild Content area: Cancer, child/adolescent health, primary care Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Skin Cancer Prevention in Adolescents: Effects of an Ultraviolet Photography Intervention on Socio- Cognitive Factors Mary K. Tripp, PhD, MPH, Payal Pandit Talati, MPH, Elizabeth Winters, MS, MBA, Carmen Galvan, MA, Lauren E. Haydu, MIPH, Hua Feng, BMed, MS, and Jeffrey E. Gershenwald, MD, University of Texas Anderson Cancer Center, Houston 30 2, 2016 80 Washington 1, 2016 12:45 p.m. \u2013 1 p.m. Parent and Child Characteristics Associated with Child Sunburn and Sun Protection among U.S. Hispanics Ashley K. Day, PhD, Jerod L. Stapleton, PhD, James S. Goydos, MD, and Elliot J. Coups, PhD, Rutgers Cancer Institute of New Jersey, New Brunswick 1 p.m. \u2013 1:15 p.m. Helping Children Be Safe Outdoors with Sun Protection June K. Robinson, MD, Northwestern University Feinberg School of Medicine, Chicago, IL; and Brittney Hultgren, MS, and Rob Turrisi, PhD, Pennsylvania State University, State College 1:15 p.m. \u2013 1:30 p.m. Adapting Sunsafe Skin Cancer Prevention Intervention for Use with Multiethnic Adolescents Kevin Cassel, DrPH, MPH, University of Hawaii Cancer Center, Honolulu 12:30 p.m. \u2013 1:30 p.m. Paper Session 35: Strategies to Improve Medication Adherence Cabinet Content area: HIV/AIDS, cardiovascular, cancer, other Instructional level: All Levels Chair: 12:30 p.m. \u2013 12:45 p.m. Assessing Mediator Effects froma Randomized Controlled Trial Sofie Champassak, MA, and Delwyn Catley, PHD, University of Missouri-Kansas City, Kansas City, MO; Kandace Fleming, PhD, University of Kansas, Lawrence, KS; and David Williams, MPH, Stephen A. DeLurgio Sr., PhD, and Kathy Goggin, PhD, Children\u2019s Mercy Hospitals and Clinics, Kansas City 12:45 p.m. \u2013 1 p.m. Using the Theoretical Domains Framework and Health Action Process Approach to Identify Medication Adherence Determinants Justin Presseau, PhD, Ottawa Hospital Research Institute, Ottawa, Ontario, Canada; J.D. Schwalm, MD, FRCPC, McMaster University, Hamilton, Ontario, Canada; Jeremy M. Grimshaw, MBCHB, PhD, FRCGP, FCAHS, Ottawa Hospital Research Institute, Ottawa, Ontario, Canada; Holly O. Witteman, PhD, Laval University, Quebec City, Quebec, Canada; Madhu K. Natarajan, MD, FRCPC, FACC, McMaster University, Hamilton, Ontario, Canada; and Stefanie Linklater, MSc, and Katrina J. Sullivan, MSc, Ottawa Hospital Research Institute, Ottawa, Ontario, Canada; and Noah M. Ivers, MD, PhD, Women\u2019s College Hospital, Toronto, Ontario, Canada 1 p.m. \u2013 1:15 p.m. Adherence Profiles are Associated with Differential Responses to a Intervention for Medication Adherence in Asthma Patients Anda I. Dragomir, MSc, Simon Bacon, PhD, and Gregory Moullec, PhD, H\u00f4pital du Sacr\u00e9-Coeur de Montreal, Montreal, Quebec, Canada; Lucie Blais, PhD, University of Montreal, Montreal, Quebec, Canada; Catherine Laurin, PhD, Ordre des Psychologues du Quebec, Montreal, Quebec, Canada; and Kim L. Lavoie, PhD, University of Quebec at Montreal, Montreal, Quebec, Canada 1:15 p.m. \u2013 1:30 p.m. Adherence to Endocrine Therapies among Hispanic Breast Cancer Survivors Qualitative Analysis Betina R. Yanez, PhD, and Diana Buitrago, BA, Northwestern University Feinberg School of Medicine, Chicago, IL; Melissa Carillo, Karina Reyes, and Karla Salas, University of Illinois at Chicago, Chicago, IL; and Frank J. Penedo, PhD, Northwestern University Feinberg School of Medicine, Chicago 12:30 p.m. \u2013 1:30 p.m. Paper Session 36: mHealth Approaches to Mental Illness Columbia 6 Content area: Mental Health, obesity, cardiovascular Instructional level: Beginner/intermediate Chair: 12:30 p.m. \u2013 12:45 p.m. Use, and Openness to Use, of Mobile Technologies for Health Purposes among People With and Without a History of Mental Illness Louise K. Thornton, PhD, and Frances Kay-Lambkin, PhD, University of New South Wales, Randwick, New South Wales, Australia 30 2, 2016 81 Washington 37TH 1, 2016 12:45 p.m. \u2013 1 p.m. Acceptability of a Mobile Sensing Platform for Collecting and Sharing Behavioral Biomarkers Channah Rubin, and Skyler Place, PhD, Cogito Corp., Boston, MA; Danielle Blanch-Hartigan, PhD, MPH, Bentley University, Waltham, MA; and Cristina Gorrostieta, PhD, Caroline Mead, John Kane, BComm, MPhil, PhD, Joshua Feast, MBA, and Ali Azarbayejani, PhD, Cogito Corp., Boston 1 p.m. \u2013 1:15 p.m. Improving Weight in People with Serious Mental Illness: The Effectiveness of Computerized Weight Services with Peer Coaches Alexander S. Young, MD, MSHS, and Amy N. Cohen, PhD, University of California-Los Angeles, Los Angeles, CA; Richard Goldberg, PhD, and Julie Kreyenbuhl, PharmD, PhD, University of Maryland School of Medicine, Baltimore, MD; and Fiona Whelan, MS, University of California-Los Angeles, Los Angeles 1:15 p.m. \u2013 1:30 p.m. Cardiovascular Risk Factors in Previously Homeless Adults: Characteristics and Participant Preferences in the M-Chat Program Heather Kitzman-Ulrich, PhD, Alexis Rendon, MPH, Subhash Aryal, PhD, Emily Spence-Almaguer, PhD, and Scott Walters, PhD, University of North Texas Health Science Center, Fort Worth 12:30 p.m. \u2013 1:30 p.m. Paper Session 37: Distress and Depression in Cancer Caregivers Columbia 8 Content area: Transplant, cancer, other Instructional level: All levels Chair: 12:30 p.m. \u2013 12:45 p.m Mobile Intervention Development Study to Improve Symptoms of Distress in Caregivers of Patients Receiving Autologous Nicole Amoyal, PhD, and Mark L. Laudenslager, PhD, University of Colorado Anschutz Medical Campus, Aurora, CO; Kristin Kilbourn, PhD, MPH, University of Colorado Denver, Denver, CO; Teresa Simoneau, PhD Eastern Colorado Healthcare System, Aurora, CO; and Jean Kutner, MD, MSPH, University of Colorado Anschutz Medical Campus, Aurora 12:45 p.m. \u2013 1 p.m. Dyadic Study of Cancer Patients\u2019 and Caregivers\u2019 Depressive Symptoms, Inflammation, and Neuroendocrine Regulation Kelly M. Shaffer, MS, Massachusetts General Hospital, Boston, MA; Armando Mendez, PhD, University of Miami, Miami, FL; Maria M. Llabre, PhD, Michael Antoni, PhD, and Neil Schneiderman, PhD, University of Miami, Coral Gables, FL; Stephany Giraldo, MPH, Nova Southeastern University, Miami, FL; and Youngmee Kim, PhD, University of Miami, Coral Gables 1 p.m. \u2013 1:15 p.m. Cancer Patients\u2019 and Their Caregivers\u2019 Stress Biomarkers are Positively Related at the Early Phase of Survivorship Kelly M. Shaffer, MS, Massachusetts General Hospital, Boston, MA; Armando Mendez, PhD, University of Miami, Miami, FL; Maria M. Llabre, PhD, Michael Antoni, PhD, and Neil Schneiderman, PhD, University of Miami, Coral Gables, FL; Stephany Giraldo, MPH, Nova Southeastern University, Miami, FL; and Youngmee Kim, PhD, University of Miami, Coral Gables 1:15 p.m. \u2013 1:30 p.m. Interrelationships among Anxiety and Depression in Patients and their Caregiver Dyads with Newly Diagnosed Metastatic Cancers Jamie M. Stagl, PhD, Massachusetts General Hospital Cancer Center/Harvard Medical School, Boston, MA; Kelly M. Shaffer, MS, Massachusetts General Hospital, Boston, MA; and Ryan Nipp, MD, Joel Fishbein, BA, Areej El Jawahri, MD, William Pirl, MD, Vicki Jackson, MD, Elyse R. Park, PhD, Jennifer Temel, MD, and Joseph Greer, PhD, Massachusetts General Hospital Cancer Center/Harvard Medical School, Boston 30 2, 2016 82 Washington 1, 2016 1:45 p.m. \u2013 3 p.m. Symposium 52: Religion and Health International Ballroom Center Content area: Spirituality Instructional level: Intermediate Chair: Neal Krause, PhD, University of Michigan School of Public Health, Ann Arbor Presenters: Gail Ironson, MD, PhD, University of Miami, Miami, FL; and Aurelie Lucette, MS, University of Miami, Coral Gables Discussant: Crystal Park, PhD, University of Connecticut, Mystic 1:45 p.m. \u2013 3 p.m. Symposium 53: The Future of Physical Activity Surveillance with Accelerometers International Ballroom East Content area: Physical activity Instructional level: Intermediate/advanced Chair: Hannah G. Lawman, PhD, National Center for Health Statistics, Centers for Disease Control and Prevention, Hyattsvillle Presenters: Richard P. Troiano, PhD, National Cancer Institute, Bethesda, MD; James McClain, PhD, National Cancer Institute, NIH, Bethesda, MD; and James F. Sallis, PhD, University of California, San Diego, San Diego Discussant: Loretta DiPietro, PhD, MPH, Milken Institute School of Public Health, The George Washington University, Washington 1:45 p.m. \u2013 3 p.m. Symposium 54: Theories and Techniques of Behavior Change Interventions Presents: Social Media and Health Behavior: Stimulating and Analyzing the Online Conversation International Ballroom West Content area: Obesity Instructional level: Beginner/intermediate Chair: Sherry Pagoto, PhD, University of Massachusetts Medical School, Worcester Co-Presenter: Brie Turner-McGrievy, PhD, MS, RD, University of South Carolina, Arnold School of Public Health, Columbia, SC; and Gina Merchant, PhD, MA, University of California San Diego, Encinitas Discussant: David K. Ahern, PhD, National Cancer Institute, Rockville 1:45 p.m. \u2013 3 p.m. Symposium 55: Primary Care Behavioral Health: Integration and Translation Lincoln East Content area: Primary Care Instructional level: Intermediate Chair: James E. Aikens, PhD, University of Michigan, Ann Arbor Presenters: Lynn Clemow, PhD, Rutgers Robert Wood Johnson Medical School, New Brunswick, NJ; Rodger S. Kessler, PhD ABPP, University of Vermont College of Medicine, Burlington, VT; and William Sieber, PhD San Diego, La Jolla, CA; Paul Estabrooks, PhD, University of Nebraska Medical Center, Omaha Discussant: Jeffrey Goodie, PhD, ABPP, Uniformed Services University, Gaithersburg 1:45 p.m. \u2013 3p.m. Symposium 56: Multimorbidity: Implications for Behavioral Intervention and Aging Lincoln West Content area: Other Instructional level: Beginner/intermediate Chair: Jerry Suls, PhD, National Cancer Institute, Bethesda Presenters: Marcel E. Salive MPH, NIH/National Institute on Aging, Bethesda, MD; Joost Dekker, PhD University Medical Center, Amsterdam, N/A, Netherlands; and Graham Colditz, MD, DrPH, Washington University School of Medicine, St. Louis Discussant: Reginald Tucker-Seeley, ScD, Dana-Farber Cancer Institute/ Harvard T.H. Chan School of Public Health, Boston 30 2, 2016 83 Washington 37TH 1, 2016 1:45 p.m. \u2013 3 p.m. Symposium 57: Violence and Trauma Presents: When Trauma and Healthcare Intersect: Exploring Interpersonal Violence, Cancer, and Trauma Training as Case Examples Georgetown East Content area: Other Instructional level: Beginner/intermediate Chair/Discussant: Emily F. Rothman, ScD, Boston University School of Public Health, Boston Presenters: Rose Eva. Constantino, PhD, JD, RN, FAAN, FACFE, University of Pittsburgh School of Nursing, Pittsburgh, PA; Sheela Raja, PhD, University of Illinois at Chicago, Chicago, IL; and Julie B. Schnur, PhD, Icahn School of Medicine at Mount Sinai, New York 1:45 p.m. \u2013 3 p.m. Symposium 58: Women\u2019s Health Presents: Complementary Approaches for Mental Health across the Perinatal Period Georgetown West Content area: Complementary and Integrative Medicine Content area: Beginner/intermediate Chair: Jennifer Huberty, PhD, ASU, Phoenix Presenters: Jeni Matthews, MS, Arizona State University, Tempe, AZ; and Patricia A. Kinser, PhD, WHNP-BC, RN, Virginia Commonwealth University School of Nursing, Richmond Discussant: Jenn Leiferman, PhD, Colorado School of Public Health, Aurora 1:45 p.m. \u2013 3 p.m. Symposium 59: Adjusting to Prostate Cancer in Context: Influences of Race, Ethnicity, and Sexual Orientation Jefferson East Content area: Cancer Instructional level: Intermediate/advanced Chair: Michael A. Hoyt, PhD, Hunter College, CUNY, New York Presenters: Michael A. Diefenbach, PhD, North Shore Health Systems, Manhasset, NY; Heather Orom, PhD, University at Buffalo, Buffalo, NY; and Christian J. Nelson, PhD, Memorial Sloan Kettering Cancer Center, New York Discussant: Tracey A. Revenson, PhD, Hunter College and the Graduate Center, City University of New York, New York 1:45 p.m. \u2013 3 p.m. Symposium 60: High-Risk Indoor Tanning Behavior: Evidence to Inform Skin Cancer Prevention Interventions Jefferson West Content area: Cancer Instructional level: Intermediate/advanced Chair/Discussant: Leah M. Ferrucci, MPH, PhD, Yale School of Public Health, New Haven Presenters: Brenda Cartmel, PhD, Yale School of Public Health, New Haven Darren Mays, PhD, MPH, Georgetown University Medical Center, Lombardi Comprehensive Cancer Center, Washington, DC; and Jerod L. Stapleton, PhD, Rutgers Cancer Institute of New Jersey, New Brunswick 30 2, 2016 84 Washington 1, 2016 1:45 p.m. \u2013 3 p.m. Symposium 61: Behavioral Health at a Crossroads: Participant Engagement in Bench, Bedside, and Community-Based Studies Monroe Content area: Other Instructional level: Beginner/intermediate Chair: Eun-Shim Nahm, PhD, RN, FAAN, University of Maryland School of Nursing, Baltimore Presenters: Karen Wickersham, PhD, RN, University of Maryland School of Nursing, Baltimore, MD; Patricia Woltz, PhD, RN, University of Maryland Medical Center, Baltimore, MD; Kelly Flannery, PhD, RN, University of Maryland, School of Nursing, Baltimore, MD; and Kristen Rawlett, PhD, FNP- BC, University of Maryland, Baltimore, Bel Air Discussant: Barbara Resnick, PHD, CRNP, FAAN, FAANP, University of Maryland School of Nursing, Baltimore 1:45 p.m. \u2013 3 p.m. Symposium 62: Diabetes Presents: Aging Well: Optimizing Physical Function and Cognitive Health Fairchild Content area: Other Instructional level: Beginner/intermediate Chair: Neha Gothe, PhD, Wayne State University, Detroit Presenters: Susan Agui\u00f1aga, MS, University of Illinois at Chicago, Chicago, IL, Canada; Diane K. Ehlers, PhD, University of Illinois Urbana- Champaign, Urbana, IL; and Barbara Resnick, PhD, CRNP, University of Maryland, School of Nursing, Baltimore Discussant: Jack Rejeske 1:45 p.m. \u2013 3 p.m. Symposium 63: Peer Support: Channels of Dissemination Cabinet Content area: Diabetes Instructional level: Intermediate Chair: Andrea Cherrington MPH, University of Alabama Birmingham, birmingham Presenters: David Simmons MD, Western Sydney University, Campbelltown, N/A, Australia; Diana Urlaub, MPH, University of North Carolina, Gillings School of Global Public Health, Chapel Hill, NC; and Patrick Y. Tang, MPH, Peers for Progress Gillings School of Global Public Health, Durham, NC; Discussant: Steven Peskin, MD. MBA, FACP,Horizon-BCBSNJ, Belle Mead 1:45 p.m. \u2013 3 p.m. Symposium 64: Columbia 6: Harnessing the Power of Predictive Learning to Promote Health Behavior Change: Developing and Testing Novel Technology Content area: Other Instructional level: Intermediate Chair: Stephanie P. Goldstein, BS, Drexel University, Philadelphia Presenters: Evan Forman, PhD, Drexel University, Philadelphia, PA; Sayali Phatak, MS, Arizona State University, Phoenix, AZ; and Angela Pfammatter, PhD, Northwestern University Feinberg School of Medicine, Chicago 30 2, 2016 85 Washington 37TH 1, 2016 1:45 p.m. \u2013 3 p.m. Symposium 65: Prevention, Identification, and Management of Cardiovascular Disease and Co- Morbid Depression: What\u2019s New? Columbia 8 Content area: Mental Health Instructional level: Intermediate Chair: Adrienne O\u2019Neil Hons PhD, University of Melbourne, Melbourne Vic, Presenters: C. Barr Taylor, BA, MD, Palo Alto and Stanford Universities, Palo Alto, CA; and Brian Oldenburg, BSc, Masters Clin Psych, PhD, University of Melbourne, Carlton, Australia Discussant: Kenneth E. Freedland, PhD, Washington University School of Medicine, St Louis 1:45 p.m. \u2013 3 p.m. Symposium 66: Skin Cancer Intervention across the Cancer Control Continuum (SCI-3C): Review of Grants and the Scientific Literature Columbia 9 Content area: Methods Instructional level: Intermediate/advanced Co-Chairs: Frank Perna, EdD,PhD, National Cancer Institute, Bethesda, MD; Alan Geller, MPH, Harvard School of Public Health, Boston Presenters: Barbra Dickerman, MSc, Harvard T.H. Chan School of Public Health, Boston, MA; Jennifer Taber, PhD, National Cancer Institute, Bethesda, MD; and Dawn Holman, MPH, Centers for Disease Control and Prevention, Division of Cancer Prevention and Control, Atlanta Discussant: Dawn Holman, MPH, National Center for Chronic Disease Prevention and Health Promotion, Chamblee 1:45 p.m. \u2013 3 p.m. Symposium 67: Child and Family Presents healthy start \u2013 Emerging research on the role of prenatal health on maternal and child health outcomes Columbia 10 Content area: Pregnancy Instructional level: Intermediate/Advanced Chair: Lisette Jacobson, PhD, MPA, MA, University of Kansas School of Medicine-Wichita, Wichita Presenters: Bernard Fuemmeler, PhD, MPH, MS, Duke University Medical Center, Durham Lisette Jacobson, PhD, MPA, MA, University of Kansas School of Medicine-Wichita, Wichita, KS; and Michelle Redmond, PhD, University of Kansas School of Medicine-Wichita, Wichita 1:45 p.m. \u2013 3 p.m. Symposium 68: Health Decision Making Presents: Improving Participation in Clinical Trials Columbia 11 Content area: Risk and Decision Making Instructional level: Beginner/intermediate Chair: Margaret M. Byrne, PhD, University of Miami, Miami Presenters: Jamie L. Studts, PhD, University of Kentucky College of Medicine, Lexington, KY; Mary Politi, PhD, Washington University School of Medicine, St. Louis, MO; and Aisha Langford, PhD, MPH, New York University, New York Discussant: Paul Jacobsen, PhD, Moffitt Cancer Center, Tampa 30 2, 2016 86 Washington 1, 2016 1:45 p.m. \u2013 3 p.m. Symposium 69: Integrated Primary Care Presents: Don\u2019t Preach to the Choir: Reaching the Underserved by Integrating Physical Activity Promotion into Primary Care Columbia 12 Content area: Physical Activity Instructional level: Beginner/intermediate Chair: Mona AuYoung, PhD Ann Arbor/ Center for Clinical Management Research, Ann Arbor, MI; Sherri Sheinfeld Gorin, PhD, NYPAC, Fairfax Presenters: Andrea Kriska, PhD, MS, Univeristy of Pittsburgh, Pittsburgh, PA; Melicia Whitt Glover, PhD, Gramercy Research Group, LLC, Winston- Salem, NC; M. Ren\u00e9e Umstattd Meyer, PhD, MCHES, Baylor University, Waco, TX; and Sarah E. Linke, PhD San Diego, La Jolla Discussant: Caroline R. Richardson, MD, University of Michigan, Ann Arbor 3:15 p.m. \u2013 4:45 p.m. Paper Session 38: Cancer Prevention and Control International Ballroom East Content area: Smoking/Tobacco, obesity, cancer, risk and decision making Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Bolstering Cancer Prevention Efforts through Messages about Chemicals in Cigarette Smoke Sabeeh Baig, MS, University of North Carolina Gillings School of Global Public Health, Chapel Hill, NC; M. Justin Byron, PhD, and Marcella H. Boynton, PhD, University of North Carolina, Chapel Hill, NC; and Noel T. Brewer, PhD, and Kurt Ribisl, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 3:33 p.m. \u2013 3:51 p.m. Technology and Phone Counseling to Promote Weight Loss in Women at Elevated Breast Cancer Risk Pilot Randomized Controlled Trial Sheri J. Hartman, PhD, and Sandahl Nelson, MA, University of California-San Diego, San Diego, CA; Lisa Cadmus-Bertram, PhD, University of Wisconsin-Madison, Madison, WI; Barbara Parker, MD, Tracy Layton, MS, and John P. Pierce, PhD, University of California-San Diego, San Diego 3:51 p.m. \u2013 4:09 p.m. The Role of Context in Perceived Cancer Risk Self-Efficacy for Preventing Cancer in U.S. Adults April Oh, PhD, MPH, and Rebecca Ferrer, PhD, National Cancer Institute, Rockville 4:09 p.m. \u2013 4:27 p.m Faith-Based/Academic Partnership for Cancer Prevention: Project Church, an African American Cohort Study Lorna Haughton McNeill, PhD, MPH, University of Texas Anderson Cancer Center, Houston, TX; David Wetter, PhD, Rice University, Houston, TX; Lorraine R. Reitzel, PhD, FAAHB, University of Houston, Houston, TX; Crystal L. Roberson, MPH, and Nga Nguyen, MS, University of Texas Anderson Cancer Center, Houston, TX; Jennifer I. Vidrine, University of Oklahoma Health Sciences Center, Oklahoma City, OK; and Larkin L. Strong, PhD, MPH, and Yisheng Li, PhD, University of Texas Anderson Cancer Center, Houston 4:27 p.m. \u2013 4:45 p.m Paradox: Engaging in At-Risk Behavior May Not Correlate with Perceived Susceptibility to Cancer or Heart Disease Christian Geneus MPH, Tulane University School of Public Health and Tropical Medicine, New Orleans, LA; Betelihem B. Tobo, MPH, Saint Louis University, Saint Louis, MO; Tonya Short, MPH, Saint Louis University, St. Louis, MO; Nosayaba Osazuwa-Peters, BDS, MPH, CHES, Saint Louis University School of Medicine, Saint Louis, MO; Lorinette S. Wirth, BS, Saint Louis University, St. Louis, MO; Kahee A. Mohammed, MD, Department of Epidemiology - Saint Louis University College for Public Health and Social Justice, St. Louis, MO; and Eric Adjei Boakye, MA, Saint Louis University Center for Outcomes Research (SLUCOR), Saint Louis 30 2, 2016 87 Washington 37TH 1, 2016 3:15 p.m. \u2013 4:45 p.m. Paper Session 39: Neighborhood and Environmental Influences on Physical Activity International Ballroom West Content area: Obesity, physical activity, methods, assessment Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Gene-Environment impact of Neighborhood Walkability on Obesity in African-American Participants of the Path Trial Sandra Coulon, PhD, Dawn K. Wilson, PhD, and Andrea Lamont, PhD, University of South Carolina, Columbia, SC; and M. Lee Van Horn, PhD, University of New Mexico, Albuquerque 3:33 p.m. \u2013 3:51 p.m. Neighborhood Environment and Objectively Measured Physical Activity and Sedentary Behavior in Prostate Cancer Survivors Christine Ekenga, PhD, MPH, and Lin Yang, PhD, Washington University School of Medicine, St. Louis, MO; Adam Kibel, MD, Brigham and Women\u2019s Hospital/Dana Farber Cancer Institute, Boston, MA; Kate Wolin, ScD, Coeus Health, Chicago, IL; Junbae Mun, MS, Middle Tennessee State University, Murfreesboro, TN; and Sonya Izadi, BA, Kellie Imm, BA, Graham Colditz, MD, DrPH, and Siobhan Sutcliffe, PhD, Washington University School of Medicine, St. Louis 3:51 p.m. \u2013 4:09 p.m. Are Leisure and Work Physical Activity Associated with Active Transport? Evidence from the Grow Study Rebecca E. Lee, PhD, and Elizabeth Lorenzo, BSN, RN, Arizona State University, Phoenix, AZ; Katherine E. Heck, MPH, University of California-San Francisco, San Francisco, CA; and Harold W. Kohl III, PhD, and Catherine Cubbin, PhD, University of Texas at Austin, Austin 4:09 p.m. \u2013 4:27 p.m. Involving Community Groups in Playground Renovations: Evaluating a Natural Experiment Sandy Slater, PhD, MS, University of Illinois at Chicago, Chicago 4:27 p.m. \u2013 4:45 p.m. Urban Teaching Cohort: Development of a Tailored Built-Environment Karly Geller, PhD, Miami University, Oxford, OH; and Shannon Snapp, BS, Miami University, Hamilton 3:15 p.m. \u2013 4:45 p.m. Paper Session 40: Physical Activity in Women Lincoln East Content area: Physical Activity Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Long-Term Effects on Physical Function in Older Adults Following a DVD-Delivered Exercise Intervention Sarah Roberts, BS, Jason Fanning, MS, Elizabeth Awick, MS, Gwenndolyn C. Porter, BS, and Diane K. Ehlers, PhD, University of Illinois, Urbana, IL; Thomas R. Wojckicki, PhD, Bellarmine University, Louisville, KY; and Robert W. Motl, PhD, and Edward McAuley, PhD, University of Illinois, Urbana 3:33 p.m. \u2013 3:51 p.m. Predictors of Adherence to Two Doses of Aerobic Exercise in Sedentary, Overweight Individuals Melissa N. Harris, MPA, BS, Pennington Biomedical Research Center, Baton Rouge, LA; Neil M. Johannsen, PhD, Louisiana State University, Baton Rouge, LA; and Corby K. Martin, PhD, and Timothy Church, MD, PhD, MPH, Pennington Biomedical Research Center, Baton Rouge 3:51 p.m. \u2013 4:09 p.m. Effects of an Abbreviated Weight Loss Program on Physical Activity and Sedentary Time Kevin Moran, MPH, Christine Pellegrini, PhD, and Bonnie Spring, PhD, Northwestern University Feinberg School of Medicine, Chicago 30 2, 2016 88 Washington 1, 2016 4:09 p.m. \u2013 4:27 p.m. Older Adult Sedentary Behavior Change in the Context of a Physical Activity Intervention Dori Rosenberg, PhD, MPH, Group Health Research Institute, Seattle, WA; Jordan Carlson, PhD, Children\u2019s Mercy Hospitals and Clinics, Kansas City, MO; and Suneeta Godbole, MPH, and Jacqueline Kerr, PhD, University of California-San Diego, San Diego 4:27 p.m. \u2013 4:45 p.m. Effect of a Behavioral Intervention of Self-Regulation and in Overweight and Obese Adults with Type 2 Diabetes Valerie Silfee, PhD EP-C, University of Massachusetts Medical School, Worcester, MA; and Rick Petosa, PhD, FAAHB, Devin Laurent, MS, and Tim Shaub, Ohio State University, Columbus 3:15 p.m. \u2013 4:45 p.m. Paper Session 41: Parenting and Childhood Obesity Lincoln West Content area: Child/adolescent health, obesity, nutrition Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Research on Parenting and Childhood Obesity from 2009-14: Are Vulnerable Populations Represented? Selma Gicevic, MSc, and Alyssa Aftosmes-Tobio, MPH, Harvard T.H. Chan School of Public Health, Boston, MA; Jennifer Manganello, MPH, PhD, State University of New York at Albany, Albany, NY; and Claudia Ganter, MPH, Christine L. Simon, ScM, Sami A. Newlan, MS, and Kirsten Davison, PhD, Harvard T.H. Chan School of Public Health, Boston 3:33 p.m. \u2013 3:51 p.m. Early Life Disadvantage and Adult Adiposity: Tests of Sensitive Periods During Childhood and Behavioral Mediation in Adulthood Stephen Gilman, ScD, National Institute of Child Health and Human Development, Rockville, MD; and Marcia P. Jimenez, MSc, MA, Yen-Tsung Huang, MD, ScD, and Eric Loucks, PhD, Brown University, Providence 3:51 p.m. \u2013 4:09 p.m. What about Dads? Fewer than One in 10 Papers on Parenting and Childhood published 2009-14 Present Data for Fathers Kirsten Davison, PhD, Selma Gicevic, MSc, Alyssa Aftosmes-Tobio, MPH, Claudia Ganter, MPH, Christine L. Simon, ScM, and Sami A. Newlan, MS, Harvard T.H. Chan School of Public Health, Boston, MA; and Jennifer Manganello, MPH, PHD, State University of New York at Albany, Albany 4:09 p.m. \u2013 4:27 p.m. All in the Family: Parent-Child Dynamics and Weight Loss During the Motivating Families with Interactive Technology Study Danielle E. Schoffman, BA, Brie Turner-McGrievy, PhD, MS, RD, Sara Wilcox, PhD, Justin B. Moore, PhD, MS, and James Hussey, PhD, University of South Carolina, Columbia 4:27 p.m. \u2013 4:45 p.m. Diversity in Father\u2019s Food Parenting Practices Qualitative Study Neha Khandpur, PhD(c), Harvard T.H. Chan School of Public Health, Boston, MA; Rachel E. Blaine, DSc, MPH, RD, California State University-Long Beach, Long Beach, CA; Christine E. Blake, PhD, RD, University of South Carolina, Columbia, SC; Kirsten Davison, PhD, Harvard T.H. Chan School of Public Health, Boston, MA; and Jo Charles, BS, Harvard University, Cambridge 30 2, 2016 89 Washington 37TH 1, 2016 3:15 p.m. \u2013 4:45 p.m. Coping and Lived Experience of Persons with Type 1 Diabetes Georgetown East Content area: Child/Adolescent Health, diabetes, Instruction level: All levels Chair: 3:15 p.m. \u2013 3:33 p.m. Web-Delivered Incentives and Working Memory Training for Teens with Poor Type 1 Diabetes Control: Emotion Control as a Moderator Amy Hughes Lansing, PhD, and Catherine Stanger, PhD, Geisel School of Medicine at Dartmouth, Hanover 3:33 p.m. \u2013 3:51 p.m. Benefit Finding and Identity Processes in Type 1 Diabetes: Prospective Associations through Adolescence Koen Luyckx, PhD, Katholieke Universiteit Leuven, Leuven, Belgium; Meagan Ramsey, PhD, University of Utah, Salt Lake City, UT; Leen Oris, MSc, Katholieke Universiteit Leuven, Leuven, Belgium; Deborah J. Wiebe, PhD, MPH, University of California- Merced, Merced, CA; and Cynthia Berg, PhD, University of Utah, Salt Lake City 3:51 p.m. \u2013 4:09 p.m. Correlates of Executive Function in Adolescents with Type 1 Diabetes Katia M. Perez, MEd, Niral J. Patel, MPH, Jadienne Lord, BA, Kimberly L. Savin, BA, and Sarah S. Jaser, PhD, Vanderbilt University, Nashville 4:09 p.m. \u2013 4:27 p.m. Development of Benefit-Finding for Adolescents with Type 1 Diabetes Meagan Ramsey, PhD, University of Utah, Salt Lake City, UT; Koen Luyckx, PhD, Katholieke Universiteit Leuven, Leuven, Belgium; Cynthia Berg, PhD, University of Utah, Salt Lake City, UT; and Daniel Mello, BA, and Deborah J. Wiebe, PhD, MPH, University of California-Merced, Merced 4:27 p.m. \u2013 4:45 p.m. Utilizing Actigraphy to Examine Sleep in Young Children with Type 1 Diabetes Jadienne Lord, BA, Beth A. Malow, MD, MS, and Sarah S. Jaser, PhD, Vanderbilt University, Nashville 3:15 p.m. \u2013 4:45 p.m. Paper Session 43: Risky Sexual Behaviors and Contraceptive Use in Diverse Populations Georgetown West Content area: Sexual behaviors Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Longitudinal Link between Early Dating Behaviors and Early Sex Initiation among Latino Teens: Moderation by Migration Status Patricia Cabral, MA, and Jan Wallander, PhD, University of California-Merced, Merced 3:33 p.m. \u2013 3:51 p.m. Neighborhood Stress is Longitudinally Associated with Risky Behavior among African American Adolescents Sarah LaFont, BA, and Peter A. Vanable, PhD, Syracuse University, Syracuse, NY; Michael P. Carey, PhD, Miriam Hospital/Brown University, Providence, RI; Larry K. Brown, MD, Rhode Island Hospital/Brown University, Providence, RI; Ralph DiClemente, PhD, Rollins School of Public Health, Atlanta, GA; Dan Romer, PhD, University of Pennsylvania, Philadelphia, PA; and Robert F. Valois, MS, PhD, MPH, University of South Carolina, Columbia 3:51 p.m. \u2013 4:09 p.m. The Role of Individual and Relationship Factors on Contraceptive Use among At-Risk Young Adults Lisa Oakley, PhD, MPH, and S. Marie Harvey, DrPH, MPH, Oregon State University, Corvallis, OR; and Isaac J. Washburn, PhD, Oklahoma State University, Stillwater 30 2, 2016 90 Washington 1, 2016 4:09 p.m. \u2013 4:27 p.m. Comparing Risks Associated with Sexual Risk Taking in Adolescent/Young Adult and Middle-Aged Black Men who have Sex with Men Jessica L. Maksut, MA, Elizabeth J. Siembida, MA, and Lisa Eaton, PhD, University of Connecticut, Storrs 4:27 p.m. \u2013 4:45 p.m. Dating App Use and Sexual Risk Behavior among Young Adults Ashlee N. Sawyer, BS, Erin R. Smith, MS, and Eric Benotsch, PhD, Virginia Commonwealth University, Richmond 3:15 p.m. \u2013 4:45 p.m. Paper Session 44: Weight Loss Maintenance Jefferson East Content area: Obesity Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Weight Control Lapses During Obesity Treatment: Normative or Cause for Concern? Leah Schumacher, MS, Evan Forman, PhD, and Meghan L. Butryn, PhD, Drexel University, Philadelphia 3:33 p.m. \u2013 3:51 p.m. Weight Outcome from the Maintenance of Nutrition Training after Initial Weight Loss Trial Corrine I. Voils, PhD, Maren Olsen, PhD, Jennifer M. Gierisch, PhD, MPH, and Janet M. Grubber, MSPH, Durham Medical Center, Durham, NC; Megan McVay, PhD, Duke University Medical Center, Durham, NC; Jamiyla Bolton, MS, Durham Medical Center, Durham, NC; Leslie A. Gaillard, MPH, RD, LDN, Department of Veterans Affairs, Durham, NC; Matthew L. Maciejewski, PhD, Durham Medical Center, Durham, NC; and William S. Yancy Jr., MD, MHS, Duke University, Durham 3:51 p.m. \u2013 4:09 p.m. Improving Weight Loss Maintenance with an Alternative Treatment Schedule: The Trial Gareth Dutton, PhD, Lucia Juarez, MA, and Marissa Gowey, PhD, University of Alabama at Birmingham, Birmingham, AL; Michael G. Perri, PhD, University of Florida, Gainesville, FL; and Cora E. Lewis, MD, University of Alabama at Birmingham, Birmingham 4:09 p.m. \u2013 4:27 p.m. How Men and Women Keep It Off: Exploring Gender Difference in Weight Loss Maintenance Melissa M. Crane, PhD, and Robert Jeffery, PhD, University of Minnesota, Minneapolis, MN; and Nancy Sherwood, PhD, HealthPartners Institute for Education and Research, Bloomington 4:27 p.m. \u2013 4:45 p.m. Empowerment Qualitative Inquiry of Daily Strategies and Commitments for Sustained Weight Loss James H. Doster, RN, BSN, CHC, and Idethia Shevon Harvey, BS, MPH, DrPH, Texas University, College Station 3:15 p.m. \u2013 4:45 p.m. Health Care Providers Role in Promoting the Vaccine Jefferson West Content area: Primary Care, risk and decision making, education, training and/or career development, child/adolescent Health, primary care Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Patient-Provider Communication Style and Demographic Differences in Vaccination Jennifer L. Moss, PhD, National Cancer Institute, Rockville, MD; Melissa B. Gilkey, PhD, Harvard Medical School/Harvard Pilgrim Health Care Institute, Boston, MA; and Barbara K. Rimer, DrPH, MPH, and Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 3:33 p.m. \u2013 3:51 p.m. Physician Communication about Vaccine: What Will Motivate Parents? Teri L. Malo, PhD, MPH, University of North Carolina Lineberger Comprehensive Cancer Center, Chapel Hill, NC; Melissa B. Gilkey, PhD, Harvard Medical School/Harvard Pilgrim Health Care Institute, Boston, MA; and Parth D. Shah, PharmD, Megan E. Hall, MPH, and Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 30 2, 2016 91 Washington 37TH 1, 2016 3:51 p.m. \u2013 4:09 p.m. Improving Physician Prescribing Behaviors for Vaccination: The Role of Professional Organizations Yulin Hswen, MPH, Harvard University, Cambridge, MA; Melissa B. Gilkey, PhD, Harvard Medical School/Harvard Pilgrim Health Care Institute, Boston, MA; Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 4:09 p.m. \u2013 4:27 p.m. Counseling Parents who Refuse or Delay Vaccine: Differences in Behavior, Concerns, and Communication Preferences Melissa B. Gilkey, PhD, Harvard Medical School/Harvard Pilgrim Health Care Institute, Boston, MA; and William A. Calo, PhD, and Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill 4:27 p.m. \u2013 4:45 p.m. Improving Provider Self-Efficacy and Behavior Related to Vaccination: Can Webinar-Delivered Quality Improvement Work? William A. Calo, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill, NC; Melissa B. Gilkey, PhD, Harvard Medical School/Harvard Pilgrim Health Care Institute, Boston, MA; Jennifer L. Moss, PhD, National Cancer Institute, Rockville, MD; Jennifer Leeman, DrPH, MDiv, University of North Carolina, Chapel Hill, NC; and Noel T. Brewer, PhD, University of North Carolina Gillings School of Global Public Health, Chapel Hill Not eligible for continuing education credit 3:15 p.m. \u2013 4:45 p.m. Substance Use and Abuse Monroe Content areas: Mental health, substance abuse, sexual behavior Instruction level: All levels Chair: 3:15 p.m. \u2013 3:33 p.m. The Relationship between the Shelter Environment and Substance Use among Youth Residing in Family Shelters: What is Working? Nisha N. Beharie, DrPH, National Development and Research Institutes Inc., New York, NY; Mary Clare Lennon, PhD, City University of New York, New York, NY; and Mary McKay, PhD, New York University, New York 3:33 p.m. \u2013 3:51 p.m. Non-Invasive Biosensors to Detect Physiological Changes During Opioid Use Stephanie Carreiro, MD, University of Massachusetts Medical School, Worcester, MA; Kelley A. Wittbold, MD, Brigham and Women\u2019s Hospital/Massachusetts General Hospital Harvard Affiliated Emergency Medicine Residency Program, Boston, MA; and Premananda Indic, PhD, Hua Fang, PhD, Jianying Zhang, MPH, and Edward Boyer, MD, PhD, University of Massachusetts Medical School, Worcester 3:51 p.m. \u2013 4:09 p.m. Optimization of an Intervention Targeting the Intersection of Alcohol Use and Sexual Risk Behavior among College Students Kari C. Kugler, PhD, MPH, Pennsylvania State University, University Park, PA; David Wyrick, PhD, Amanda Tanner, PhD, and Jeffrey Milroy, PhD, University of North Carolina-Greensboro, Greensboro, NC; and Linda Collins, PhD, Pennsylvania State University, University Park 4:09 p.m. \u2013 4:27 p.m. Use of Reminder Messages to Improve Utilization of an Automated Telephone-Based Treatment for Methadone Patients Destiny Printz, BA, Yale School of Medicine Foundation, New Haven, CT; Daniel Lloyd Foundation, New Haven, CT; and Frank Buono, PhD, and Brent Moore, PhD, Yale School of Medicine Foundation, New Haven 30 2, 2016 92 Washington 1, 2016 4:27 p.m. \u2013 4:45 p.m Randomized Controlled Trial of an Online Relapse Prevention Program for Adolescents in Substance Use Treatment Kimberlee Trudeau, PhD, Inflexxion Inc., Newton, MA; Jody Kamon, PhD, Evidence Based Solutions LLC, Essex Junction, VT; Ryan Black, PhD, Nova Southeastern University, Fort Lauderdale, FL; Mila Pavek, MA, MSc, MSS, and Emma Chung, MPH, Inflexxion Inc., Newton, MA; and Steve Sussman, PhD, FAAHB, FAPA, Institute for Health Promotion and Disease Prevention Research, Los Angeles Not eligible for continuing education credit 3:15 p.m. \u2013 4:45 p.m. Paper Session 47: Anxiety and Depression in Patients with Asthma Fairchild Content areas: Mental health, smoking/tobacco, other Instruction level: All levels Chair: 3:15 p.m. \u2013 3:33 p.m. Associations between Depression and Sputum Inflammatory Markers in Patients With and Without Asthma Cassandre A. Julien, BSc, Anda I. Dragomir, MSc, and Simon L. Bacon, PhD, H\u00f4pital du Sacr\u00e9-Coeur de Montreal, Montreal, Quebec, Canada; and Kim L. Lavoie, PhD, University of Quebec at Montreal, Montreal, Quebec, Canada 3:33 p.m. \u2013 3:51 p.m. The Impact of Anxiety Disorder and Asthma Diagnoses on Airway Hyper-Responsiveness to Methacholine Challenge Emilie M. Dolan, MSc(c), and Nicola J. Paine, PhD, Concordia University, Montreal, Quebec, Canada; Kim L. Lavoie, PhD, University of Quebec at Montreal, Montreal, Quebec, Canada; and Simon L. Bacon, PhD, H\u00f4pital du Sacr\u00e9-Coeur de Montreal, Montreal, Quebec, Canada 3:51 p.m. \u2013 4:09 p.m. The Impact of Anxiety Sensitivity in Asthma Patients with Panic Disorder on Respiratory Response to a Standard Panic Challenge Nicola J. Paine, PhD, Concordia University, Montreal, Quebec, Canada; Simon L. Bacon, PhD, H\u00f4pital du Sacr\u00e9-Coeur de Montreal, Montreal, Quebec, Canada; Maxine Boudreau, BSc, University of Quebec at Montreal, Montreal, Quebec, Canada; Emilie M. Dolan, MSc(c), Concordia University, Montreal, Quebec, Canada; and Kim L. Lavoie, PhD, University of Quebec at Montreal, Montreal, Quebec, Canada 4:09 p.m. \u2013 4:27 p.m. The Role of Distress Tolerance in Terms of Anxiety Sensitivity among Young Adults with Asthma Talya Alsaid-Habia, BA, and Alison C. McLeish, PhD, University of Cincinnati, Cincinnati, OH; Christina M. Luberto, PhD, Massachusetts General Hospital/Harvard Medical School, Boston, MA; and Emily M. O\u2019Bryan, BS, University of Cincinnati, Cincinnati 4:27 p.m. \u2013 4:45 p.m. The Mediator Effect of Smoking Status on the Association between Anxiety Disorders and Asthma Control in Asthma Patients Samantha Briand and Melanie Beland, BA, MSc, Concordia University, Montreal, Quebec, Canada; Simon L. Bacon, PhD, H\u00f4pital du Sacr\u00e9-Coeur de Montreal, Montreal, Quebec, Canada; Una Jojich-White, Concordia University, Montreal, Quebec, Canada; and Kim L. Lavoie, PhD, University of Quebec at Montreal, Montreal, Quebec, Canada Paper Session 48: Recruitment Strategies and Challenges in Behavioral Medicine Columbia 6 Content area: Obesity, risk and decision making, cancer, smoking/tobacco Instruction level: All levels Chair: 3:15 p.m. \u2013 3:33 p.m. Enrolling with Others Enhances Participation Rates in a Community-Based Behavioral Weight Loss Program Molly A. Diamond, MPH, Carmina G. Valle, PhD, MPH, and Deborah F. Tate, PhD, University of North Carolina, Chapel Hill 30 2, 2016 93 Washington 37TH 1, 2016 3:33 p.m. \u2013 3:51 p.m. Use of Perceptual Mapping to Encourage Informed Decision Making on Clinical Trials in African- American Cancer Patients Sarah Bauerle Bass, PhD, MPH, Temple University College of Public Health, Philadelphia, PA; Linda Fleisher, PhD, MPH, Children\u2019s Hospital of Philadelphia, Philadelphia, PA; Armenta L. Washington, MS, Fox Chase Cancer Center, Cheltenham, PA; Andrea Nicholson, MPH, University of Pennsylvania Abramson Cancer Center, Philadelphia, PA; Laurie Maurer, MA, Temple University College of Public Health, Philadelphia, PA; and Daniel M. Geynisman, MD, Fox Chase Cancer Center Temple Health, Philadelphia 3:51 p.m. \u2013 4:09 p.m. Decision Making Barriers and Facilitators for Pediatric Neuromuscular Trials Barbara Biesecker, PhD, MS, National Human Genome Research Institute, Bethesda, MD; Holly L. Peay, PhD International/ DuchenneConnect Registry, Research Triangle Park, NC; Diana M. Escolar, MD, Johns Hopkins Medical School, Baltimore, MD; Jill Jarecki, PhD, Cure SMA, Elk Grove Village, IL; Benjamin Wilfond, MD, Seattle Children\u2019s Hospital, Seattle, WA; and Aad Tibben, Leiden University Medical Centre, Leiden, Netherlands 4:09 p.m. \u2013 4:27 p.m. Do They Realize They\u2019re Disclosing their Health Status? Ethical Challenges of Social Media Recruitment for Cancer Research Jackie L. Bender, PhD, University Health Network/University of Toronto, Toronto, Ontario, Canada; Alaina B. Cyr, BSc, Princess Margaret Cancer Centre, Toronto, Ontario, Canada; and Colleen Young, BA, Canadian Virtual Hospice, Toronto, Ontario, Canada 4:27 p.m. \u2013 4:45 p.m. QUIT4BABY Communication: Recruiting Pregnant Women for a Randomized Controlled Trial Jennifer Schindler-Ruwisch, MPH, CPH, Lorien C. Abroms, ScD, Monique M. Turner, PhD, and Leah Leavitt, MPH, George Washington University, Washington, DC; Pamela R. Johnson, PhD, and Ada Obi, MPH, Voxiva Inc., Washington, DC; Sean D. Cleary, PhD, MPH, George Washington University, Washington, DC; and Jessica Bushar, MPH, Zero to Three, Washington 3:15 p.m. \u2013 4:45 p.m. Paper Session 49: Family History and Genetic Testing Columbia 8 Content area: Risk and decision making, cancer, other Instruction level: Beginner/intermediate Chair: 3:15 p.m. \u2013 3:33 p.m. Genetic Test-Reporting and Counseling for Melanoma Risk in Minors: Increasing Sun Protection Without Increasing Distress Tammy K. Stump, MS, and Lisa G. Aspinwall, PhD, University of Utah, Salt Lake City, UT; Wendy Kohlmann, MS, CGC, and Marjan Champine, MS, LCGC, Huntsman Cancer Institute, Salt Lake City, UT; and Sancy Leachman, MD, PhD, Oregon Health and Science University, Portland 3:33 p.m. \u2013 3:51 p.m. Developing Shared Appraisals of Risk through Family Health History Feedback Laura Koehly, PhD, National Institutes of Health, Bethesda, MD; Jielu Lin, PhD, National Human Genome Research Institute, Bethesda, MD; Christopher Marcum, PhD, National Institutes of Health, Bethesda, MD; and Anna V. Wilkinson, PhD, University of Texas School of Public Health, Austin 3:51 p.m. \u2013 4:09 p.m. Family Cancer Risk: The Relative Accuracy of Family Cancer History Knowledge in a Younger Population Wendy C. Birmingham, PhD, Brigham Young University, Provo, UT; Chelsea Romney, BS, University of California-Los Angeles, Los Angeles, CA; and Jordan Sgro, Spencer J. Nielson, Emily Hartung, Kristen Ray, and Erin Kaseda, Brigham Young University, Provo 4:09 p.m. \u2013 4:27 p.m. Impact of Influencing Genomic Risk on Literacy Demand within Alzheimer\u2019s Disease Risk Disclosure Visits Lori Erby, PhD, ScM, CGC, National Human Genome Research Institute/Johns Hopkins Genetic Counseling Training Program, Sykesville, MD; Debra Roter, DrPH, and Yue Guan, ScM, Johns Hopkins Bloomberg School of Public Health, Baltimore, MD; J. Scott Roberts, PhD, University of Michigan School of Public Health, Ann Arbor, MI; and Robert C. Green, MD, MPH, Harvard Medical School, Boston 30 2, 2016 94 Washington 1, 2016 4:27 p.m. \u2013 4:45 p.m. Interest and Communication Preferences for Gene Panel Testing among Hispanic and Non-Hispanic White BRCA1/2 Negative Families Belinda Vicuna, MS, Miquela G. Smith, MPH, Kristina Flores, PhD, Lori Ballinger, MS, Zoneddy Dayao, MD, Harold Delaney, PhD, and Anita Kinney, PhD, RN, University of New Mexico, Albuquerque 3:15 p.m. \u2013 4:45 p.m. Paper Session 50: Whole Health: Mind, Body, Spirit Columbia 9 Content areas: Complementary and integrative medicine, obesity, mental health Instruction level: All levels Chair: 3:15 p.m. \u2013 3:33 p.m. Can a Mind-Body Training Program Bring about a Lasting Improvement in Quality of Life and Lung Function in Patents with Asthma? James Carmody, PhD,University of Massachusetts Medical School, Worcester, MA; and Lori Pbert, PhD, University of Massachusetts Medical School, Worcester 3:33 p.m. \u2013 3:51 p.m. Reductions in Reward-Driven Eating Mediate Effects of a Mindfulness-Based Program on Weight Loss in Obesity: Data from a Randomized Controlled Trial Ashley E. Mason, PhD, Elissa Epel, PhD, Kirstin Aschbacher, PhD, Patricia J. Moran, PhD, Michael Acree, PhD, Frederick Hecht, MD, and Jennifer Daubenmier, PhD, University of California-San Francisco, San Francisco 3:51 p.m. \u2013 4:09 p.m. Impact of a Loving Kindness Meditation Intervention on Key Outcomes During the Peri-Surgical Period of Breast Cancer Ana Vanessa Wren, PhD, Stanford University, Stanford, CA; Rebecca A. Shelby, PhD, and Mary Scott Soo, MD, Duke University Medical Center, Durham, NC; Zenzi Huysmans, BS, West Virginia University, Morgantown, WV; Katherine L. Perlman, Duke University, Durham, NC; and Francis Keefe, PhD, Duke University Medical Center, Durham 4:09 p.m. \u2013 4:27 p.m. Enhancing Illness Acceptance and Alleviating Afflictive Emotion for Psoriasis Patients by Integrative Mind-Body-Spirit Model Yat-Lui Fung, MAP, and Celia H. Y. Chan, PhD, University of Hong Kong, Hong Kong, People\u2019s Republic of China 4:27 p.m. \u2013 4:45 p.m. Mindfulness Moderates the Relation between Body Image and Disordered Eating Attitudes Amy Heard, BA, Alexandra Kirsch, MA, Colleen Conley, PhD, and Amy Bohnert, PhD, Loyola University, Chicago 5 p.m. \u2013 6 p.m. Keynote Presenter: Jody Heymann, MD, PhD, University of California Los Angeles, Los Angeles Dr. Heymann is dean of the University of California Los Angeles Fielding School of Public Health. She is also the founding director of the Policy Analysis Center, which examines health and social policies and outcomes in all 193 U.N. countries to improve the level and quality of comparative policy data available to policymakers, researchers, and the public. She will discuss bridging the gap between research and policymakers by translating research into policies and programs that improve individual and population health worldwide. 6 p.m. \u2013 7 p.m. Exhibit Hall Open Stop by vendors\u2019 tables in the exhibit hall. 6 p.m. \u2013 7 p.m. Poster Session It\u2019s Friday night and this poster session will get attendees ready for a wonderful night on the town. Make the poster hall the meeting spot for going out parties! Cash bar and complimentary hors d\u2019oeuvres will be provided 30 2, 2016 95 Washington 37TH 2, 2016 Start End Title 7 a.m. 11 a.m. Registration Open 7:30 a.m. 8:30 a.m. Business Meeting 8:45 a.m. 10 a.m. Symposia 10:15 a.m. 11:15 a.m. Poster Session D/Exhibit Hall Open/Master Lectures/Panel Discussions 11:30 a.m. 12:30 p.m. Closing Keynote 7 a.m. \u2013 11 a.m. Registration Open 7:30 a.m. \u2013 8:30 a.m. Business Meeting President Marian Fitzgibbon will convene the annual business meeting leaders will report on the state of the organization including its finances and membership. Any potential Bylaws changes will be voted on. Results of the election for two Board positions\u2014president- elect and member delegate\u2014will be announced, and the president-elect will then commence his or her presidential term. 8:45 a.m. \u2013 10 a.m. Symposium 70: Obesity in the 21st Century: It\u2019s More than Just Behavior International Ballroom East Content area: Obesity Instructional level: Beginner/intermediate Chair/Discussant: Martin Binks, PhD., FTOS, Texas Tech University, Lubbock Presenters: Patrick O,Neil, PhD, Medical University of South Carolina; and Emily Dhurandhar, PhD, Texas Tech University, Lubbock, TX; 8:45 a.m. \u2013 10 a.m. Symposium 71: The Healthy Communities Study- Examining how International Ballroom West Community Policies and Programs are Related to Children\u2019s Weight Status Content area: Obesity Instructional level: Advanced Chair: S. Sonia Arteaga, PhD, National Institutes of Health, Bethesda Presenters: Stephen Fawcett, PhD, University of Kansas, Lawrence, KS; Warren J. Strauss, ScM, Battelle Memorial Institute, Columbus, OH; Lorrene D. Ritchie, PhD, University of California Division of Ag & Natural Resources, Oakland, CA; and Russell R. Pate, PhD, University of South Carolina, Columbia 8:45 a.m. \u2013 10 a.m. Symposium 72: Implementing a Complex Behavioral Intervention in Underserved Community Settings Lincoln East Content area: Methods Instructional level: Beginner/intermediate Chair/Discussant: Elizabeth Pyatak, PhD, OTR/L, CDE, University of Southern California, Los Angeles Co-Presenter: Jeanine Blanchard, PhD, OTR/L, University of Southern California, Covina Kristine Carandang, MS, OTR/L, University of Southern California, Los Angeles, CA; and Jesus Diaz, OTD, University of Southern California, Los Angeles 30 2, 2016 96 Washington 2, 2016 8:45 a.m. \u2013 10 a.m. Symposium 73: Maternal and Pediatric Obesity Management: Translation from Research to Clinical Practice to Community Dissemination Georgetown East Content area: Obesity Instructional level: Beginner/intermediate Chair: Danielle Symons. Downs, PhD, The Pennsylvania State University, University Park Co-Presenter: Lisa Bailey-Davis, PhD, Geisinger Health Systems, Danville, PA; and Jennifer Savage, PhD, The Pennsylvania State University, University Park Discussant: Jenn Leiferman, PhD, Colorado School of Public Health, Aurora 8:45 a.m. \u2013 10 a.m. Symposium 74: The Relaxation Response Resiliency Program (3RP Novel Multimodal Coping Skills Program for Patients and Providers Georgetown West Content area: Stress Instructional level: Intermediate Chair: Ana-Maria Vranceanu, PhD, Behavioral Medicine Service, MGH, Harvard Medical School, Boston, MA; Elyse R. Park, PhD/ MPH, Massachusetts General Hospital, Boston Presenters: Adam Gonzalez, PhD, Stony Brook University, Stony Brook, NY; and Giselle K. Perez, PHD, Massachusetts General Hospital, Boston Discussant: Suzanne Lechner, PhD, University of Miami, Miami 8:45 a.m. \u2013 10 a.m. Symposium 75: Military and Veterans\u2019 Health Presents: Patient, Provider, and System Interventions to Promote Equity among Vulnerable Veteran Populations Jefferson East Content area: Other Instructional level: Beginner/intermediate Chair: Leslie R. M. Hausmann, PhD Pittsburgh Healthcare System, Pittsburgh Presenters: Thomas Houston Bedford, Bedford, MA; and Dinesh Mittal, MD, Central Arkansas Veterans Healthcare Systems, North Little Rock Discussant: Uchenna Uchendu, MD, Veterans Health Administration Central Office, Washington 8:45 a.m. \u2013 10 a.m. Symposium 76: Child and Family Presents: Working with Triple Vulnerabilities: Ethnic Minority Youth with Chronic Health Conditions Jefferson West Content area: Child/Adolescent Health Instructional level: Beginner/intermediate Chair/Discussant: Nataliya Zelikovsky, PhD, La Salle University, Philadelphia Co-Presenter: Daniel Mello, BA, University of California, Merced, Merced, CA; Dahra Jackson Williams, PhD, LaSalle University, Philadelphia, PA; Sharon Horner, PhD, The University of Texas at Austin, Austin, TX; and Kira Branch, PsyD LaSalle University & Nemours/A.I. DuPont Hospital for Children, Philadelphia 30 2, 2016 97 Washington 37TH 2, 2016 8:45 a.m. \u2013 10 a.m. Symposium 77: Oncology Informatics: Perspectives from Behavioral Medicine Monroe Content area: Cancer Instructional level: Intermediate Chair: Ellen Beckjord, PhD, MPH, University of Pittsburgh Cancer Institute, Pittsburgh Co-Presenter: April Oh, PhD, MPH, National Cancer Institute, Rockville, MD; David K. Ahern, PhD, National Cancer Institute, Rockville, MD; and Lori L. DuBenske, PhD, University of Wisconsin - Madison, Madison, WI; Discussant: Bradford W. Hesse, PhD, National Cancer Institute, Bethesda 8:45 a.m. \u2013 10 a.m. Symposium 78: Integrated Primary Care and Military and Veteran\u2019s Health SIGs Present: Addressing the Challenges of Translating Evidence-Based Practices in a and Integrated Healthcare Fairchild Content area: Primary Care Instructional level: Beginner/intermediate Chair: Jennifer Funderburk, PhD Center for Integrated Healthcare, Syracuse Presenters: Jennifer Wray, PhD, Center for Integrated Healthcare Western Healthcare System, Buffalo, NY; and Anne C. Dobmeyer, PhD, ABPP, DoD Deployment Health Clinical Center, Dayton, OH; Christina L. Vair, PhD Center for Integrated Healthcare, Buffalo, NY; Discussant: Jeffrey Goodie, PhD, ABPP, Uniformed Services University, Gaithersburg 8:45 a.m. \u2013 10 a.m. Symposium 79: The Impact of Adolescent Sleep Loss on the Culture of Health: Potential Policy Interventions and Implications Cabinet Content area: Sleep Instructional level:Intermediate/Advanced Chair: Judith A. Owens MPH, Boston Children\u2019s Hospital/Harvard Medical School, Boston Presenters: Janet B. Croft, PhD, Centers for Disease Control and Prevention, Atlanta, GA; and Robert Whitaker, MD, MPH, Temple University, Philadelphia Discussant: Tracy E. Costigan, PhD,Robert Wood Johnson Foundation, Solebury 8:45 a.m. \u2013 10 a.m. Symposium 80: Aging Presents: There\u2019s an App for That \u2013 Seniors Getting Active! Using Technology to Promote Physical Activity in Older Adults Columbia 6 Content area: Physical Activity Instructional level: Intermediate Chair: Sandra J. Winter, PhD, MHA, Stanford Prevention Research Center, Palo Alto Presenters: Sandra Jane. Winter, PhD, MHA, Stanford Prevention Research Center, Palo Alto, CA; Siobhan McMahon, PhD, University of Minnesota, Minneapolis, MN; and Neha Gothe, PhD, Wayne State University, Detroit Discussant: Cynthia M. Castro Sweet, PhD, Stanford University School of Medicine, Palo Alto 30 2, 2016 98 Washington 2, 2016 8:45 a.m. \u2013 10 a.m. Symposium 81: Female Sexual Health after Cancer: Next Steps in Intervention and Treatment Columbia 8 Content area: Cancer Instructional level: Chair: Sharon L. Bober, PhD, Dana-Farber Cancer Institute/Harvard Medical School, Boston Presenters: Kristen M. Carpenter, PhD, The Ohio State University, Columbus, OH; Jennifer Barsky Reese, PhD, Fox Chase Cancer Center, Philadelphia, PA; and Jeanne Carter, PhD, Memorial Sloan Kettering Cancer Center Discussant: Julia H. Rowland, PhD, National Cancer Institute, Bethesda 10:15 a.m. \u2013 11:15 a.m. Exhibit Hall Open Stop by vendors\u2019 tables in the exhibit hall. 10:15 a.m. \u2013 11:15 a.m. Poster Session Stop by the final poster session of the 2016 Annual Meeting. 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 21: Education, Training, and Career Development Council and Health Decision Making Present: Careers in Behavioral Medicine: Navigating the Challenges and Opportunities of Academic Career Transitions and Advancements Lincoln West Content area: Education, Training and/or Career Development Instructional level: Beginner/intermediate Panelists: Karen Oliver, PhD, Brown Alpert Medical School/Providence Medical Center, Providence, RI; Christie Befort, PhD, University of Kansas Medical Center, Kansas City, KS; Tricia Leahey, PhD, University of Connecticut, Glastonbury, CT; and Eric S. Zhou, PhD, Harvard Medical School, Boston, MA; Karlene Cunningham, PhD, Rhode Island Hospital; Brown University, Providence 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 22: Training Crossroads: Preparing Graduate Students for Integrated Primary Care Georgetown East Content area: Primary Care Instructional level: Beginner/intermediate Panelists: Jeffrey Goodie, PhD, Uniformed Services University, Gaithersburg Jeffrey D. Quinlan, MD, Uniformed Services University of Health Sciences, Bethesda, MD; Catherine M. Ware, MA, Uniformed Services University of the Health Sciences, Washington, DC; Amanda Gehrke, BS, Uniformed Services University of the Health Sciences, Alexandria, VA; and Omni Cassidy, MS, Uniformed Services University of the Health Sciences/ National Institute of Child Health and Human Development, Bethesda 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 23: Talk with the Directors: Training, Supervision, and Sustainability in Integrated Behavioral Medicine Programs Georgetown West Content area: Education, Training and/or Career Development Instructional level: Intermediate Panelists: Cori E. McMahon, PsyD Anderson Cancer Center at Cooper University Hospital, Woodbury, NJ; Efrain A. Gonzalez, PsyD, MS, ClinPharm (Clinical), UM/Jackson Memorial Medical Center, Miami, FL; Guy Montgomery, PhD, Mt. Sinai Hospital, Icahn School of Medicine, New York David A. Moore, PsyD Anderson Cancer Center at Cooper University Hospital, Philadelphia, PA; and Kelly Gilrain, PhD, Cooper University Hospital, Camden 30 2, 2016 99 Washington 37TH 2, 2016 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 24: Developing Novel Interventions and Advancing Theory: Keys to Successful Collaborations between Basic and Applied Scientists Jefferson East Content area: Education, training and/or career development Instructional level: Beginner/intermediate Panelists: Marc T. Kiviniemi, BA, PhD, University at Buffalo, Buffalo, NY; Austin S. Baldwin, PhD, Southern Methodist University, Dallas, TX; Jasmin A. Tiro, PhD, University of Texas Southwestern Medical Center, Dallas, TX; Jamie L. Studts, PhD, University of Kentucky College of Medicine, Lexington, KY; Amy McQueen, PhD, Washington University, St Louis, MO; and Bonnie Spring, PhD, Northwestern University, Chicago 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 25: Technology Presents: Potential Confluence between Medical Informatics and Behavioral Science to Advance Precision Healthcare Jefferson West Content area: Other Instructional level: Beginner/intermediate Panelists: Bryan Gibson, DPT, PhD, University of Utah, salt lake city, UT; Heather Cole-Lewis, PhD, MPH, MA, Johnson and Johnson Health and Wellness, New York, NY; Timothy Bickmore, PhD, Northeastern University, Boston, MA; David K. Ahern, PhD, National Cancer Institute, Rockville, MD; and William Riley, PhD, National Institutes of Health, Bethesda 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 26: Integrated Primary Care Presents: Healthcare Transformation in Primary Care Behavioral Health Monroe Content area: Primary Care Instructional level: Beginner/intermediate Panelists: Ryan R. Landoll, PhD, United States Air Force, Sumter, SC; Elizabeth Najera, PhD, Air Force, San Antonio, TX; Matthew Nielsen, PsyD, Air University - United States Air Force, Montogmery, AL; and Kathryn E. Kanzler, PsyD, ABPP, University of Texas Health Science Center San Antonio, San Antonio 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 27: Technology Presents: Engaging Community Health Workers as Research Facilitators: Reducing Threats to Data Fidelity via Technology and Education Fairchild Content area: Physical Activity Instructional level: Beginner/intermediate Panelists: Camille Nebeker, EdD San Diego School of Medicine, La Jolla, CA; Lisa Quintiliani, PhD, Boston University School of Medicine, Boston, MA; and Christina Holub, PhD, MPH, San Diego State University, San Diego 10:15 a.m. \u2013 11:15 a.m. Panel Discussion 28: Developing an Academic-Industry Partnership to Reduce and Health Disparities among African Americans Cabinet Content area: Sexual Behaviors Instructional level: Intermediate/Advanced Panelists: Jason Panda, Esq.; and Courtney Peasant, PhD Holding Group, LLC, New York, NY, Yale School of Public Health, New Haven This session is not available for credit 30 2, 2016 100 Washington 2, 2016 10:15 a.m. \u2013 11:15 a.m. Master Lecture Presenter: Susan A. Murphy, PhD, University of Michigan, Ann Arbor Dr. Murphy is the H.E. Robbins Distinguished University Professor of Statistics, a professor of psychiatry, and a research professor at the Institute for Social Research, all at the University of Michigan. She has performed cutting-edge work in statistical methods for the development and evaluation of behavioral interventions, particularly those for chronic ailments. She will discuss the use of micro-randomized trials for developing mobile behavioral interventions. 10:15 a.m. \u2013 11:15 a.m. Master Lecture Presenter: Catherine M. Alfano, PhD, American Cancer Society, Washington Dr. Alfano is vice president of survivorship for the American Cancer Society. She will discuss processes that bring players from all spaces together in ways that best advance evidence-based solutions to the myriad health problems faced by cancer survivors. She has scientific expertise in optimizing symptom management; follow-up care; healthy behavior change and self-management to reduce risk of cancer\u2019s late effects; and biological drivers of survivors\u2019 co-morbidities, aging, well-being, and prognosis. 11:30 a.m. \u2013 12:30 p.m. Closing Keynote Presenter: Andrew J. Hoffman, PhD, University of Michigan, Ann Arbor Dr. Hoffman is the Holcim Professor of Sustainable Enterprise at the University of Michigan, a position that holds joint appointments at the Stephen M. Ross School of Business and the School of Natural Resources & Environment. Dr. Hoffman also serves as education director of the Graham Sustainability Institute. He will speak about why academics must make themselves heard in public and political spheres. He will explain how academics can take part in debates where their expert knowledge can inspire action and help society make wise choices 30 2, 2016 101 Washington 37TH President Marian Fitzgibbon will announce the winners of the 2016 Achievement Awards. Achievement award descriptions follow. Some special interest groups also confer awards, and additionally confers Citation Awards and Meritorious Student Awards for accepted abstract submissions deemed original, significant, and high caliber This award recognizes pivotal and extensive contributions to research, practice, and/or policies that have advanced the understanding of patient engagement. Recipients are invited to give a master lecture at SBM\u2019s annual meeting. This award is open to individuals and organizations Selection for the Distinguished Scientist Award is based on total career achievement. Nominees must have achieved scholarly distinction (i.e., made a series of distinguished empirical contributions or contributed substantially to the development of new theories or methods). Recipients are invited to give a master lecture at SBM\u2019s annual meeting The Research to Practice Award recognizes an individual\u2019s contributions and exemplary work in translating or extending behavioral medicine from research into practical application, dissemination, or implementation. Eligible candidates may have made substantial contributions to any phase of translational work, including: (a) developing new and effective dissemination or implementation strategies; (b) encouraging the application of effective, sustainable health-promoting interventions in new contexts; or (c) fostering development of practice-based research This award recognizes an early-career nominee\u2019s total career achievements, including the publication of a representative paper Each year recognizes excellence in a student/trainee member\u2019s research through the Outstanding Dissertation Award offers the Distinguished Student Awards from funds donated from Springer Science + Business Media. These awards are provided to students who demonstrate outstanding academic and professional potential in the field of behavioral medicine. The three portion of the poster hall will feature booths of companies, institutions, and organizations demonstrating their products and services of relevance and interest to conference attendees. Please check the Final Program for a complete list of the 2016 Annual Meeting exhibitors. If you\u2019re interested in exhibiting or other sponsorship opportunities, find details at meetings/2016 With the exception of ticketed workshops, seminars, and courses, admission to all educational sessions and the poster hall is by name badge only. Please be sure to wear your name badge at all times during the Annual Meeting. The following individuals will be recognized with identifying ribbons affixed to their name badges General achievement award winner Ocean blue Citation award recipient Brown Meritorious student award recipient Goldenrod Distinguished service award recipient White award recipient Navy blue Exhibitor Green Fellow Light blue New fellow Aqua blue Press Purple fund contributor Purple Keynote speaker Hunter green Speaker Maroon Volunteer Rainbow International attendee Maroon Board of Directors All Gold President Black Past-President Yellow Immediate past-president Tellow President-Elect Navy Secretary/treasurer Yellow Member delegate Yellow Council chair Orange Committee chair Forest green Program chair Navy Program co-chair Jewel blue Annals of Behavioral Medicine editor Violet Translational Behavioral Medicine editor Violet Outlook editor Violet Website editor Pink 30 2, 2016 102 Washington fellows kindly volunteer their time and expertise to provide feedback on students\u2019 poster presentations during poster sessions. Students interested in having their oral poster presentation critiqued in person by an fellow should indicate their interest when submitting their abstracts number of students will be randomly selected to participate in the program. Fellows will be assigned to the selected students according to shared behavioral medicine interests. During the conference, fellows will listen to the oral poster presentations of their assigned students and offer helpful feedback and suggestions student/trainee and transitional members can volunteer during the meeting for a reimbursed registration. Slots are limited and offered on a first-come, first-served basis through a call for volunteers. Volunteers help check in attendees at the registration desk, guide attendees to the correct rooms, and help staff with other miscellaneous activities volunteers can be identified by a volunteer ribbon on their name badges. Committees/Councils/Members Committee member Red Council member Burgundy chair Eggplant co-chair Teal member Gray New member Peach member Ivory Make sure to stop by the resource booth. The resource booth will feature informational pieces regarding and its policy briefs, along with the book exhibit and publications mart self-service job openings board is available onsite at the Annual Meeting near the registration desk for meeting attendees to self-post position openings on behalf of an institution. Instructions for formatting a posting are as follows: 1. All position announcements should be prepared on an 8.5-x-11-in. sheet of institutional letterhead. 2. Each announcement should indicate the duties and requirements of the position, geographical and departmental location, expected salary, start date, and instructions for completion and submission of resumes/applications. Attendees planning to post a job opening on site are advised to bring multiple copies as cannot be responsible for removal of notices by other meeting attendees. All posting is self-service and a benefit of attending the Annual Meeting On Saturday, April 2 at 7:30 a.m President Marian Fitzgibbon will convene the annual business meeting leaders will report on the state of the organization including its finances and membership potential Bylaws change will be voted on. Results of the election for thwo Board positions\u2014president- elect and member delegate\u2014will be announced, and the president-elect will then commence his or her presidential term 30 2, 2016 103 Washington 37TH Marian L. Fitzgibbon, PhD President James F. Sallis, Jr., PhD President-Elect Lisa M. Klesges, PhD Past-President Michael A. Diefenbach, PhD Secretary/treasurer Monica L. Baskin, PhD Member delegate Elliot J. Coups, PhD Member delegate Amy L. Yaroch, PhD Member delegate Ellen Beckjord, PhD Digital Health chair Nicole Zarrett, PhD Education, Training, and Career Development chair Paul A. Estabrooks, PhD Health Policy chair Lorna Haughton McNeill, MPH, PhD Membership chair Alan M. Delamater, PhD Publications and Communications chair Sherri Sheinfeld Gorin, PhD Scientific and Professional Liaison chair Kristi D. Graves, PhD Special Interest Groups chair Edwin B. Fisher, PhD Awards chair Sherry L. Pagoto, PhD Civic and Public Engagement chair Brent Van Dorsten, PhD Development chair Ken Resnicow, PhD Evidence-Based Behavioral Medicine chair Michael A. Diefenbach, PhD Finance chair Joanna Buscemi, PhD Health Policy chair Lisa M. Klesges, PhD Nominating chair Kathleen Wolin, ScD Program chair David X. Marquez, PhD Program co-chair Kevin S. Masters, PhD Annals of Behavioral Medicine Suzanne M. Miller, PhD Translational Behavioral Medicine: Practice, Policy, Research William J. Sieber, PhD Outlook Rajani S. Sadasivam, PhD Website 30 2, 2016 104 Washington Program Committee members: Kathleen Wolin, ScD, chair David X. Marquez, PhD, co-chair Lila J. Finney Rutten, PhD, MPH, immediate past chair Marian L. Fitzgibbon, PhD president Kristi D. Graves, PhD, Special Interest Group Council chair Mary L. Greaney, PhD Elissa Jelalian, PhD Courtney J. Peasant, PhD Diane M. Santa-Maria, DrPH Christopher N. Sciamanna Reggie Tucker-Seeley, ScD Gerald J. Jerome, PhD, chair Erin Hennessy, PhD Devlon N. Jackson, PhD Kathy Goggin, PhD Adherence Christina R. Studts, PhD Behavioral medicine in clinical and medical settings Heather S. Jim, PhD Biological mechanisms in health and behavior change Crystal L. Park, PhD Complementary and integrative medicine Dewlyn Catley, PhD Environmental and contextual factors in health and behavior change co-chair Rebecca E. Lee, PhD Environmental and contextual factors in health and behavior change co-chair Ashley L. Reynolds, PhD Health communication and technology Austin S. Baldwin, PhD Health decision making Heather Patrick, PhD Health promotion Gregory J. Norman, PhD Measurement and methods Kassandra Alcaraz, PhD Population health, policy, and advocacy Paul T. Fuglestad, PhD Psychological and person factors in health and behavior change co-chair Suzanne C. O\u2019Neill, PhD Psychological and person factors in health and behavior change co-chair Jessica A. Whiteley, PhD Psychological and person factors in health and behavior change co-chair Kevin D. Stein, PhD Quality of life Clement K. Gwede, PhD Racial, ethnic, and cultural factors in health co-chair Jamilia R. Sly, PhD Racial, ethnic, and cultural factors in health co-chair Matthew J. Gregoski, PhD Rapid communications Jada G. Hamilton, PhD Rapid communications Darren Mays, PhD Rapid communications Cynthia M. Castro, PhD Translation of research to practice 30 2, 2016 105 Washington 37TH Tara Withington, [email protected] Consulting partner Amy Stone, [email protected] Executive director Lindsay Bullock, [email protected] Senior media and member communications manager Erica Linc, [email protected] Program manager Johanna Moerke, [email protected] Program manager Andrew Schmidt, [email protected] Administrative coordinator Erin Trimmer, [email protected] Education and meetings manager 1979-80 W. Stewart Agras 1980-81 Joseph V. Brady, PhD 1981-82 Gene G. Abel 1982-83 Michael F. Cataldo, PhD 1983-84 Redford B. Williams, Jr 1984-85 Stephen M. Weiss, PhD 1985-86 Herbert Benson 1986-87 Michael J. Follick, PhD 1987-88 Evan G. Pattishall, Jr., MD, PhD 1988-89 Kelly D. Brownell, PhD 1989-90 Albert Stunkard 1990-91 Judith Rodin, PhD 1991-92 John W. Farquhar 1992-93 Rena R. Wing, PhD 1993-94 Jacqueline Dunbar-Jacob, PhD 1994-95 Richard S. Surwit, PhD 1995-96 C. Barr Taylor 1996-97 Robert M. Kaplan, PhD 1997-98 Thomas G. Pickering, MD, DPhil 1998-99 Norman B. Anderson, PhD 1999-2000 Joel E. Dimsdale 2000-01 C. Tracy Orleans, PhD 2001-02 Michael G. Goldstein 2002-03 David B. Abrams, PhD 2003-04 Linda C. Baumann, PhD 2004-05 Judith K. Ockene, PhD, Med 2005-06 Laura L. Hayman, RN, PhD 2006-07 Edwin B. Fisher, PhD 2007-08 Peter G. Kaufmann, PhD 2008-09 Bonnie Spring, PhD 2009-10 Francis J. Keefe, PhD 2010-11 Karen M. Emmons, PhD 2011-12 Abby C. King, PhD 2012-13 Alan J. Christensen, PhD 2013-14 Dawn K. Wilson, PhD 2014-15 Lisa M. Klesges, PhD 30 2, 2016 106 Washington offers 23 different special interest groups (SIGs) to its members. Each has a unique listserv email recipient list, facilitating critical networking among colleagues with similar behavioral medicine interests. Membership in one or more SIGs is a benefit available to all members. To join a log into and update your member profile. Not an member? Join today at org/membership and sign up for one or more SIGs Co-Chair: Neha P. Gothe, PhD, [email protected] Co-Chair: Sandra J. Winter, PhD, MHA, [email protected] The Aging focuses on addressing the special issues of behavior change among older adults, with a particular focus on the influence of cultural, environment, and policy. There is a tendency to focus behavior change issues and challenges on the children and adults who are assumed to be those who will reap the greatest long-term benefit from changes. Older adults, particularly those with chronic health problems, can likewise gain a significant benefit from behavior change particularly with regard to quality of life issues. The Aging has identified a need and interest in exploring ways that older adults, particularly those with chronic illnesses, can alter their behavior to promote health and quality of life Chair: Kristi D. Graves, PhD, [email protected] Co-Chair: Catherine M. Alfano, PhD, [email protected] The Cancer fosters high-quality collaborative research, enhances the professional development of its members, and works with other professional organizations involved in cancer prevention and control research. The goal is to advance and disseminate knowledge across the breadth of cancer control, ranging from cancer prevention to end of life care, including all ages, racial and ethnic groups, and socioeconomic strata Chair: Bernard Fuemmeler, PhD, MPH, bernard.fuemmeler@duke. edu Co-Chair: Nataliya Zelikovsky, PhD [email protected] The Child and Family Health is an interdisciplinary forum for members concerned with the health and well-being of children, adolescents, and families. Members of this have interest in bridging biological, cognitive, emotional, behavioral, and social functioning of children and adolescents with a focus on understanding contextual, social ecological influences on child health and development. This aims to advance and disseminate knowledge, foster professional networks to produce high-quality collaborative research, and ultimately enhance the health and well-being of children, adolescents, and families Chair: Crystal L. Park, PhD, [email protected] According to the National Center on Complementary and Alternative Medicine of the National Institutes of Health, complementary and alternative medicine (CAM) refers to a broad range of healing approaches that mainstream Western medicine does not commonly use, accept, study, understand, or make available. This provides a forum for discussion of as it relates to behavioral medicine, with a particular emphasis on the integrative nature of such modalities, by themselves and in conjunction with other modalities of biopsychosocial care Chair: Barbara Stetson, PhD, [email protected] Student Co-Chair: Karl Minges, MPH, [email protected] Student Co-Chair: Allison Lewinski, MPH, BSN, alewinski@gmail. com Student Co-Chair: Amanda Phillips, [email protected] Annual Meeting Coordinator: Robin Whittemore, PhD, robin. [email protected] The Diabetes is a forum for members with an interest in the advancement of behavioral and psychological research in diabetes goals are to (1) increase the presence of high-quality behavioral medicine research in diabetes at the Annual Meeting; (2) encourage interdisciplinary collaboration among researchers, clinicians, educators, and public health advocates that emphasizes the importance of the prevention and treatment of diabetes; and (3) support professional networking and the training of young investigators and students interested in diabetes research Chair: Jamilia R. Sly, PhD, [email protected] Co-Chair: Clement K. Gwede, PhD, MPH, RN, [email protected] The Ethnic Minority and Multicultural Health concerns itself with advancing the field of ethnic minority and multicultural health through education and training; networking; mentorship of ethnic minorities and non-minorities; and conducting research in ethnicity, culture, and health. Members of this also aim to 30 2, 2016 107 Washington 37TH increase the involvement of ethnic minorities in councils, committees, and the peer-review process Co-Chair: E. Amy Janke, PhD, [email protected] Co-Chair: Joanna Buscemi, PhD, [email protected] Evidence-based medicine has recently come to the forefront as an approach by which to evaluate and practice medicine. Evidence-based behavioral medicine is a relatively young field that has similar purposes. Researchers, clinicians, students, and policymakers may all wish to become better acquainted with the history, principles, and future directions of this field Chair: Christine M. Rini, PhD, [email protected] Co-Chair: Sarah E. Lillie, PhD, [email protected] The Health Decision Making provides a forum within to advance the theory, science, and practice of health decision making, particularly as applied in behavioral medicine. The has a special interest in understanding informed decision making by population members and patients, shared decision making between patients and health professionals, and clinical decision making by health professionals. The is the point of contact for liaisons between and other organizations relevant to health decision making such as the Society of Medical Decision Making and the Society for Judgment and Decision Making Co-Chair: James E. Aikens, PhD, [email protected] Co-Chair: Kathryn E. Kanzler, PsyD, ABPP, [email protected] The Integrated Primary Care is devoted to promoting and enhancing the delivery of evidence-based behavioral health care in primary care settings. The provides a forum for the exchange of information and the fostering of relationships between behavioral health and medical professionals in order to (1) facilitate the integration of behavioral health professionals and biopsychosocial interventions into primary care settings; (2) advance research of behavioral health interventions in primary care; (3) support the training of students pursuing integrated primary care; and (4) inform the development of policies that impact behavioral health care in primary care settings DoD Co-Chair: Emily Grieser, PhD, [email protected] Co-Chair: Jeffrey P. Haibach, PhD, MPH, [email protected] Co-Chair: Robin M. Masheb, PhD, [email protected] Communications Officer: Katherine Hall, PhD, [email protected] The Military and Veterans\u2019 Health is an interdisciplinary group of researchers, clinicians, and educators who are committed to promoting research, prevention, clinical assessment and intervention, policy development, education, training, and mentoring in military and veterans\u2019 health. The invites those who have an interest in promoting health within the unique healthcare systems of the U.S. departments of Defense and Veterans Affairs, as well as those interested in improving health outcomes in active duty service members and veterans from around the globe Chair: Jerry M. Suls, PhD, [email protected] The dominant tendency in behavioral medicine has been to focus on one physical condition at a time; however, having two or more physical diseases (multi-morbidities)\u2014or being at risk for other diseases by having an index condition\u2014is common, especially among older adults. Multi-morbid conditions often have common risk factors and pathogenesis, and are the targets of similar behavioral interventions. The affords the opportunity to consider health promotion, treatment, and common biological mechanisms for translational research across disease silos Chair: Lori A. J. Scott-Sheldon, PhD, [email protected] Co-Chair: Jayson J. Spas, PhD, MS, [email protected] The Multiple Health Behavior Change aims to contribute to the development of a science of multiple behavior change for health promotion and disease management. Intervening on multiple health behaviors presents a unique set of challenges. This group addresses theoretical, methodological, interventional, statistical, and funding issues related to targeting multiple health behaviors for change. Relevant targeted behaviors include but are not limited 30 2, 2016 108 Washington to: tobacco and other drug use, physical activity, nutrition, HIV-risk behaviors, sun exposure, and stress Co-Chair: Andrea T. Kozak, PhD, [email protected] Co-Chair: Monica L. Wang, ScD, MS, [email protected] The purpose of the Obesity and Eating Disorders is to provide networking, mentorship, and scientific training to those interested in obesity, eating disorders, and weight-related pathology. Members of the also aim to advance the field of obesity and eating disorders through the scholarly pursuit of scientific research, with a special emphasis on submitting federal and private foundation grants. Members of this will also receive guidance on how to develop an academic career in obesity and eating disorders Chair: Linda Collins, PhD, [email protected] Co-Chair: Kari Kugler, PhD, [email protected] Junior Co-Chair: Thelma Mielenz, PhD, [email protected] Conference Chair: David Cavallo, [email protected] Communication Chair: Sara St. George, PhD, [email protected] The Optimization of Behavioral Interventions provides opportunities for behavioral scientists and methodologists to network and discuss formal optimization of behavioral interventions. Optimizing a behavioral intervention means engineering the intervention to meet specific and clearly operationalized criteria for effectiveness, efficiency, scalability, and sustainability. Innovative methodological approaches for formal optimization of behavioral interventions are emerging from statistics, engineering, behavioral science, and computer science. The purposes of the are to (1) foster networking and discussion on the topic of optimization of behavioral interventions; (2) facilitate application of methods for optimization of behavioral and biobehavioral interventions; (3) foster expansion and improvement of methodology for intervention optimization; and (4) encourage and help the scientific public, for example those who review grant proposals, to become more familiar with intervention optimization methods Chair: Lara K. Dhingra, PhD, [email protected] Millions of people suffer from painful conditions with wide-ranging physical, psychological, social, and economic consequences. Alleviation of these often devastating consequences requires continuing research and development efforts from the biological, psychological, and social sciences. The goal of the Pain is to advance the understanding of pain and its treatment, according to a biopsychosocial framework. This will be accomplished through (1) increasing interdisciplinary communication; (2) promoting research; (3) providing education and training for both researchers and clinicians; (4) mentoring students and young professionals; and (5) providing a forum for collaboration between interested individuals and groups Chair: Beth A. Lewis, PhD, [email protected] Co-Chair: Melissa A. Napolitano, PhD, [email protected] The aims of the Physical Activity are to (1) update members on the latest developments and initiatives of relevance to the physical activity field; (2) provide a format for both formal and informal networking among members with physical activity interests; and (3) serve as a forum for advancing the behavioral physical activity field, through developing submissions for the conference, providing an avenue for mentoring junior investigators with physical activity interests, and identifying appropriate individuals interested in serving as reviewers for relevant scientific journals study sections, and program submissions Chair: Lila J. Finney Rutten, PhD, MPH, [email protected] Co-Chair: Jennifer L. St. Sauver, PhD, MPH, [email protected] The Population Health Sciences provides a forum for behavioral researchers interested in or engaged in research focused on multiple determinants of health with an emphasis on social, environmental, and organizational influences on health and health-related behavior. Broad areas of research may include but are not limited to the following: translational research focused on developing real-world solutions and policies to improve population health; research focused on informing public health efforts with behavioral science; and secondary analysis of public data resources to examine trends in population health by geographic regions, population subgroups, and socio-environmental factors 30 2, 2016 109 Washington 37TH Co-Chair: John M. Salsman, PhD, [email protected] Co-Chair: Andrea D. Clements, PhD, [email protected] Until recently the possible links of spiritual and religious factors to health were essentially ignored or unstudied. Empirical studies in the past two decades however have demonstrated significant associations of selected spiritual and religious factors with important health and disease outcomes. The Spirituality and Health seeks to encourage and support well-designed empirical research that sheds clarifying light on what processes are at work. Research can more clearly identify and clarify in what ways spiritual and religious factors may influence health, positively or negatively. Findings can also impact ways to make professional health care practices more effective. Of particular concern is the need to provide up-to-date, accurate information and training, since few professional training programs in health offer adequate preparation on spiritual matters Chair: Alesha G. Hruska, MPH, [email protected] Membership Director: Morgan Lee, MA, [email protected] Representative: Courtney J. Stevens, [email protected] Annual Meeting Coordinator: Brenna N. Renn, MA, [email protected] \u200bTreasurer: Danielle Z. Miro, MA, [email protected] The purposes of the Student are to provide a home for student members where their unique needs and concerns can be discussed and addressed, and to facilitate students\u2019 professional development. Additional goals of the Student include promotion of student-oriented programs, activities, and opportunities within SBM; collaboration between students and among students and professionals; and discussion of important topics within the field of behavioral medicine. All student members are encouraged to join and to like the on Facebook by visiting Chair: David K. Ahern, PhD, [email protected] Co-Chair: Julie A. Wright, PhD, [email protected] Student Co-Chair: Zakkoyya Lewis, BS, ATC, [email protected] The Technology is designed as a forum for members of with an interest in the impact of information and communication technology on health behavior outcomes and processes interests incorporate the study of the use of technology by patients and health care providers as well as the design, implementation, and evaluation of behavior change interventions delivered through advanced technologies. The goal is to promote the appropriate use of technologies to improve health and health care Chair: Arlen C. Moller, PhD, [email protected] Co-Chair: David M. Williams, PhD, [email protected] Junior Co-Chair: Heather L. Gainforth, PhD, [email protected] Junior Co-Chair: Dejan Magoc, PhD, [email protected] The Theories and Techniques of Behavior Change Interventions is an interdisciplinary group of researchers, clinicians, and educators who are committed to developing methods to improve the design and evaluation of interventions aimed at changing preventive, illness-related and health professional behaviors. To date, there has been no shared language for describing the content, especially the \u201cactive ingredients,\u201d of behavior change interventions; by contrast, biomedical interventions are precisely specified. There is also increasing recognition of the importance of developing theory-based interventions. The will allow exchange of ideas and will foster collaboration with the aim of 30 2, 2016 110 Washington 38th Annual Meeting & Scientific Sessions March 29 to April 1, 2017 Hilton San Diego Bayfront San Diego 39th Annual Meeting & Scientific Sessions April 11-14, 2018 New Orleans Riverside Hilton New Orleans developing methods for specifying intervention content, evaluating the theory base of interventions, and linking behavior change techniques to theory Chair: Emily F. Rothman, ScD, [email protected] The Violence and Trauma was formed to provide opportunities for networking, information sharing, and collaboration for those interested in the intersection between trauma and health. The will focus on issues including how traumatic events and adverse childhood experiences impact a variety of outcomes: quality and quantity of life, symptom experiences, experiences and satisfaction with health care, and modifiable behavioral risk factors (e.g., obesity, substance use). The will also focus on interventions to prevent trauma and improve the interaction between traumatized individuals and the systems in which they receive care (e.g., trauma-informed care Co-Chair: Jennifer L. Huberty, PhD, [email protected] Co-Chair: Sara Kornfield, PhD, [email protected] The Women\u2019s Health is an interdisciplinary group of researchers, clinicians, educators, and public health advocates committed to promoting research, clinical and community interventions, and policy as well as education, training, and mentoring in women\u2019s health. The is also dedicated to supporting the professional advancement of women and women\u2019s issues in behavioral medicine. Connect with members by visiting Conference questions can be directed to: Society of Behavioral Medicine 555 East Wells Street, Suite 1100 Milwaukee 53202 Phone: (414) 918-3156 Fax: (414) 276-3349 Email: [email protected] Website: SBM-0115-282 Society of Behavioral Medicine 555 East Wells Street, Suite 1100 Milwaukee 53202 Phone: (414) 918-3156 Fax: (414) 276-3349 Email: [email protected] Website: SBM-1015-019"} |
7,795 | Robert Hill | University of North Dakota | [
"7795_101.pdf"
] | {"7795_101.pdf": "Robert Hill By Anna Burleson / Forum News Service December 18, 2015 at 5:15 \uf064 Share University of North Dakota dean has resigned from his position after an investigation found he engaged in unwelcome behavior toward women and failed to comply with the school's Code of Conduct dean resigns after claims of unwelcoming behavior, sexual references University of North Dakota dean has resigned from his position after an investigation found he engaged in unwelcome behavior toward women and failed to comply with the school's Code of Conduct. 2/27/25, 7:53 dean resigns after claims of unwelcoming behavior, sexual references - InForum | Fargo, Moorhead and West Fargo news, w\u2026 1/6 The university on Thursday released its report from an internal investigation regarding Robert Hill, dean of the College of Education and Human Development. According to the report, 15 individuals were interviewed in November concerning Hill's conduct. Those interviewed said Hill made sexual references and went so far as to show employees a photo in his office of a horse with a visible penis. Hill refuted the claims in a memo, denying he had discriminated against anyone and that his comments were taken out of context. \"There are so many attacks on my character and from so many different directions that it is impossible to respond to all of them,\" he wrote in the memo. Hill was placed on paid administrative leave Nov. 3 because of information that came to light during a 360 review, which is a comprehensive review process conducted through interviews. After an internal investigation on the matter came to a close, Provost Thomas DiLorenzo announced to faculty Wednesday that Hill would not be returning to serve as dean. His resignation is effective Dec. 31. The report stated the investigation was initiated because of anonymous complaints that Hill made inappropriate remarks, commented about his death and that of other employees, and had angry outbursts. Investigators also found there was a general fear of being fired if anyone spoke out against Hill, though the dean told investigators he hasn't done anything to create a hostile work environment have put tremendous effort into fulfilling my role as dean,\" Hill wrote in his response have made errors and mistakes while learning the role, but have never acted in a malicious or discriminatory manner, nor have knowingly engaged in 2/27/25, 7:53 dean resigns after claims of unwelcoming behavior, sexual references - InForum | Fargo, Moorhead and West Fargo news, w\u2026 2/6 systematic sexual harassment or made attempts to create a culture that engenders workplace hostility.\" Hill left a message in response to a request for an interview regarding this story, but he was later unable to be reached. Report details Hill admitted to knowing a photo on the wall of his office featured a horse with an extended penis and also to bringing it to the attention of at least two employees. Hill told interviewers that the phrase \"Have you seen a five-legged horse?\" may have been used, but he said his intentions weren't sexual and he would have taken it down if he knew it bothered people. Three anonymous women interviewed during the investigation said they were uncomfortable. \"Dean Hill's conduct with the horse photograph demonstrates a pattern of behavior over an extended period of time directed toward women that made the women uncomfortable and reluctant to meet with Dean Hill alone,\" according to the report. In his rebuttal, Hill wrote he had asked for photos of North Dakota scenery to be hung in his office when he was first hired in 2013. Steve LeMire, who, according to UND's website, is an associate professor at the College of Education and Human Development, showed Hill some photos he had chosen. \"He mentioned to me that the horse looks like it has five legs, but actually one of the legs is the horse's sheath,\" Hill said. \"It was a curious observation, but didn't think much of it. It was a natural North Dakota horse and rider scene. 2/27/25, 7:53 dean resigns after claims of unwelcoming behavior, sexual references - InForum | Fargo, Moorhead and West Fargo news, w\u2026 3/6 Hill also wrote no one had previously expressed having a problem with the photo or asked him to take it down. The investigation report also alleged Hill commented about having sex with his wife, which was then communicated throughout the college, making some people uncomfortable. \"Another discussion involved Dean Hill having hernia surgery and telling others that he was recovered and able to have sexual intercourse but wasn't sure if he was ready yet,\" the report stated. Hill wrote in his response he recalled discussing the struggles of marriage but didn't bring up sex. One person interviewed for the investigation said Hill once talked about a lesbian therapist he knew in Utah, where he lived before coming to UND. Hill allegedly said Mormons \"don't believe in that,\" but Hill said in his response that he had only brought up whether same-sex partners were recognized in policy. The investigation found Hill allegedly focused his attention on one female employee, and while she was not uncomfortable, they did discuss matters not related to work. Some interviewed didn't like the tone with which Hill complimented people, as he told one he liked what they were wearing and another they had a nice haircut. \"While some of the accusations are of a serious nature do question whether telling a male or female that he or she has 'a nice haircut' is evidence of discrimination,\" Hill responded in his memo. Hill's behavior also raised workplace concerns, as those interviewed said he yelled, slammed doors, refered to death multiple times and made comments about people remembering him once he had died. Hill's wrote in response that he was using a figure of speech. Some employees also took issue with Hill physically touching and hugging others. Hill responded on several occasions he had made a 2/27/25, 7:53 dean resigns after claims of unwelcoming behavior, sexual references - InForum | Fargo, Moorhead and West Fargo news, w\u2026 4/6 point not to engage in hugs after being warned about it shortly after taking the position. Hill also allegedly had a gender bias and favored men, but Hill pointed out in his response that he has three chairwomen at his college and there are few male faculty members have had no meetings with just men, nor do have an 'inner circle,' of men,\" he said in his rebuttal. Hill received poor feedback in an unofficial faculty survey conducted last summer with 359 respondents, 84 percent of which thought he was \"not at all\" or \"not very\" transparent 96-page complaint filed against him in 2014 by a group of faculty members was also mentioned in the investigation. When Hill was interviewed in June, he pointed out grants and fundraising dollars for his college have increased by about $1 million in his time there and that he planned to be more communicative with his employees supplemental rebuttal provided by Hill stated the findings of the investigation didn't follow policy, interviews had not been conducted on a wide enough scope and there was no evidence proving he had ever retaliated against a faculty member. What's next spokesman Peter Johnson said in an email Hill made $190,962 annually as dean and his continued salary will be paid at a pro-rate portion for a nine month salary of $112,595, plus benefits. According to Hill's resignation letter signed Thursday, he will continue to serve as a special appointment faculty member in the Department of Counseling Psychology and Community Services for 2/27/25, 7:53 dean resigns after claims of unwelcoming behavior, sexual references - InForum | Fargo, Moorhead and West Fargo news, w\u2026 5/6 the upcoming spring semester off-campus. Hill holds degrees in psychology and counseling psychology. He must also attend sexual harassment training and is \"not allowed\" on UND's campus unless given prior approval from the provost or a designee. Associate Dean for Teacher Education Anne Walker has served as acting dean since Hill was placed on leave and will continue doing so search for Hill's replacement will commence in the spring of 2016. \uf064 Share \uf02c Tags 2/27/25, 7:53 dean resigns after claims of unwelcoming behavior, sexual references - InForum | Fargo, Moorhead and West Fargo news, w\u2026 6/6"} |
7,523 | Michael David Gregory | Reinhardt University | [
"7523_101.pdf",
"7523_102.pdf",
"7523_103.pdf"
] | {"7523_101.pdf": "Crime & Safety Jury Acquits Former Professor of Sexual Battery Charges Dr. Michael David Gregory, who was arrested in January, resigned from his position at Reinhardt University. Kristal Dixon, Patch Staff Posted Mon, Nov 9, 2015 at 5:58 pm Sign up for the Canton-Sixes Patch newsletter \uf0cfSign up Canton-Sixes \uf01eSubscribe News Feed Events Local Businesses Classifieds 2/27/25, 7:53 Jury Acquits Former Professor of Sexual Battery Charges | Canton Patch 1/6 former professor with Reinhardt University has been found not guilty on charges he allegedly had inappropriate contact with a former student. Find out what's happening in Canton-Sixesfor free with the latest updates from Patch. Your email address Cherokee County jury on Friday, Nov. 6 found Dr. Michael David Gregory not guilty on one count of simple battery and two counts of sexual battery, court records show. Gregory, 68, who resides in Jasper, was initially arrested Jan. 27 and charged with one count of sexual battery Subscribe 2/27/25, 7:53 Jury Acquits Former Professor of Sexual Battery Charges | Canton Patch 2/6 The case against Gregory came to light in December 2014 when Waleska-based institution received the results of the investigation performed by the Cherokee Sheriff\u2019s Office \u201cregarding a complaint of sexual battery\u201d brought forth by a former student, Reinhardt University spokesperson Marsha White previously told Patch. That former student filed a complaint with the sheriff\u2019s office in November 2014 and during Reinhardt\u2019s review of the investigation, White previously told Patch Gregory submitted his resignation to the college on Dec. 22, 2014. Gregory, who served as assistant professor of music at Reinhardt, had been employed by the higher education institution for nine years, White stated. Following the arrest, the Cherokee County Solicitor General office in August filed accusations on two counts of sexual battery, which alleged Gregory intentionally made physical contact \u201dwith the intimate parts of his body\u201d against the former student. The accusation was amended in October to add the simple battery charge, which alleged Gregory kissed the student on her lips without her consent. Gregory told that the outcome, in the end, does not matter 2/27/25, 7:53 Jury Acquits Former Professor of Sexual Battery Charges | Canton Patch 3/6 was professionally and personally devastated,\u201d he said. Return to Patch for updates. --- Image via Shutterstock Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts. Share More from Canton-Sixes Community Corner | 4d Meet Future Leader In Canton-Sixes: Rosemary Bragg Crime & Safety | Feb 18 Murder Suspect Fatally Shoots Man At Canton Home: Sheriff Sports | Jan 28 5 Super Athletes With Ties To Canton-Sixes 2/27/25, 7:53 Jury Acquits Former Professor of Sexual Battery Charges | Canton Patch 4/6 Latest News Nearby 1. \uf02bAcross Georgia News Deputy Who Fatally Shot Innocent Man Won't Be Charged: D.A. 2. \uf02bAtlanta News Chemicals Found In Drinking Water Revealed In New Study 3. \uf02bCanton-Sixes News \ud83c\udf31 Discover Canton's future trail plans 4. \uf02bCanton-Sixes News \ud83c\udf31 Canton plans North Street redevelopment 5. \uf02bCanton-Sixes News \ud83c\udf31 Meet Future Leader In Canton-Sixes: Rosemary Bragg Find out what\u2019s happening in your community on the Patch app Corporate Info About Patch Careers Partnerships Advertise on Patch 2/27/25, 7:53 Jury Acquits Former Professor of Sexual Battery Charges | Canton Patch 5/6 Support FAQs Contact Patch Community Guidelines Posting Instructions Terms of Use Privacy Policy \u00a9 2025 Patch Media. All Rights Reserved. Do Not Sell My Personal Information 2/27/25, 7:53 Jury Acquits Former Professor of Sexual Battery Charges | Canton Patch 6/6", "7523_102.pdf": "Reinhardt University professor resigned after being accused of having inappropriate contact with a former student. Local News WALESKA, Ga Reinhardt University professor resigned after being accused of sexually assaulting a former student. Last month, the Cherokee County Sheriff's Office received a complaint that Dr. Michael David Gregory had inappropriate contact with the student. He faces a charge of misdemeanor sexual battery. Reinhardt professor accused of sexually assaulting student Credit: 11Alive Author Staff Published: 1:19 January 28, 2015 Updated: 1:19 January 28, 2015 Ad 1 of 1 Ad 1 of 1 3/1/25, 9:55 Reinhardt professor accused of sexually assaulting student | 11alive.com 1/3 Gregory submitted his resignation during a university review into the accusation. \"Reinhardt University is committed to its values, and policies are in place which support appropriate and healthy interactions between students, faculty and staff. All necessary steps have been and will be followed in a timely manner to protect those relationships,\" university spokesperson Marsha White said in a statement. Gregory was an associate professor of music, according to the university website. War Thunder | Sponsored Play War Thunder now for free Play Now Container Homes | Search Ads | Sponsored New Container Houses In Chani Goth: Take Look At The Prices Learn More Crossout | Sponsored Crossout: New Apocalyptic Play Now War Thunder | Sponsored Join new Free to Play War Thunder Play Now Crossout | Sponsored Crossout 2.0: Supercharged Play Now Grocery store opens for students at DeKalb County school 3/1/25, 9:55 Reinhardt professor accused of sexually assaulting student | 11alive.com 2/3 Container Homes | Search Ads | Sponsored Affordable Container Homes in Chani Goth Learn More 11Alive.com 11Alive.com Search warrant reveals new details about death of Gene Hackman and wife Betsy Arakawa Lake Oconee search for Gary Jones | Latest update ARTICLE... 3/1/25, 9:55 Reinhardt professor accused of sexually assaulting student | 11alive.com 3/3", "7523_103.pdf": "The Wayback Machine - Nov 09, 2015 By David Markiewicz, The Atlanta Journal-Constitution Reinhardt University professor who resigned after being accused of sexual battery involving a student has been acquitted. Michael David Gregory\u2019s lawyer, Kim Keheley Frye, said a Cherokee County jury took less than 20 minutes Friday to find the former band director not guilty on sexual battery. Gregory was alleged to have had \u201cinappropriate contact\u201d with a student. After administrators at the university in Waleska received the results of a Cherokee County Sheriff\u2019s Office investigation in December, he submitted his resignation, which was accepted, school spokeswoman Marsha White said never was given an opportunity to refute or rebut or say my side,\u201d Gregory told Channel 2. He added that he was \u201cprofessionally and personally devastated.\u201d In a statement, Reinhardt said it respected the jury\u2019s verdict. \u201cIn the 45 years that I\u2019ve worked with students, and the thousands and thousands of students I\u2019ve come in contact (with) \u2026 not one impropriety has been reported; not one complaint has been filed,\u201d Gregory said. Reinhardt professor acquitted of sexual battery against student 3/1/25, 9:56 Reinhardt professor acquitted of sexual battery against student 1/2 His attorney said anyone could face such an accusation think everybody thinks it can\u2019t happen to me, that this could never happen to me because I\u2019m not going to do anything wrong,\u201d she told Channel 2. \u201cDoctor Gregory did nothing wrong.\u201d Sign up for our newsletters \u00a9 2019 Cox Media Group. All Rights Reserved. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices . Learn about careers at Cox Media Group. About Contact Subscriptions Products 3/1/25, 9:56 Reinhardt professor acquitted of sexual battery against student 2/2"} |
8,537 | Edgardo Latrubesse | University of Texas – Austin | [
"8537_101.pdf",
"8537_102.pdf"
] | {"8537_101.pdf": "Edgardo M. Latrubesse Edgardo M. Latrubesse in the field Born 1965 (age 59\u201360) Pergamino, Argentina Nationality Argentinian Education National University of San Luis, Argentina Occupation Geologist Known for research on the impacts of human activities on geosystems, global change environments Awards 2005 Augusto Gonzalez de Linares International Environment Award Edgardo M. Latrubesse Edgardo Manuel Latrubesse (born 1965 in Pergamino, Argentina) is a geologist. Latrubesse was born in 1965 in Pergamino, Argentina.[1] He received his BSc and PhD both from the National University of San Luis, Argentina. He completed his PhD in 1989.[2] Following his PhD, he worked for over ten years in Brazil, at the Federal University of Amazonas, the Federal University of Acre, and the Federal University of Goias. He moved to the Universidad Nacional de La Plata, Argentina in 2006, then on to the University of Texas, Austin in 2009.[2] He was appointed to the chair of Raymond Dickson Centennial Professor at the University of Texas at Austin in 2017.[3][2] He moved in 2018 to the Earth Observatory of Singapore, Nanyang Technological University.[2] After resigning for unrelated reasons from his University of Texas appointment in 2018, he was found by a internal investigation to have sexually harassed another faculty member there, and was barred from further work at the university.[4] Latrubesse's research is on fluvial, tropical, and aeolian geomorphology, quaternary geology, impacts of human activities on geosystems, multidisciplinary environmental research, hazards, and global change environments.[2] Education and career Research 2/27/25, 7:54 Edgardo M. Latrubesse - Wikipedia 1/2 Latrubesse is the recipient of the 2005 Augusto Gonzalez de Linares International Environment Awards.[5] 1. \"Edgardo M. Latrubesse\" ( f) (PDF). Pre-conference Short Courses. Universidad Nacional del Litoral. September 14, 2009. Retrieved July 18, 2020. 2. \"Edgardo Latrubesse's homepage\" ( ervatory.sg/people/edgardo-latrubesse). Earth Observatory of Singapore. Archived from the original ( on December 21, 2019. Retrieved December 23, 2019. 3. \"Professor Sheryl Luzzadder-Beach Appointed to Raymond Dickson Centennial Professorship\" (ht tps://liberalarts.utexas.edu/geography/news/professor-sheryl-luzzadder-beach-appointed-to-raym ond-dickson-centennial-professorship). Department of Geography and the Environment. University of Texas at Austin. December 12, 2019. Retrieved December 22, 2019. 4. Korte, Lara (January 9, 2020 releases names of more faculty found in violation of sexual misconduct policies\" ( nd-in-violation-of-sexual-misconduct-policies/ar-BBYNu9e). Austin American-Statesman. 5. \"Premio 'Augusto Gonz\u00e1lez Linares' de Medio Ambiente\" ( 70829/ ez-linares-medio-ambiente.html) ['Augusto Gonz\u00e1lez Linares' Environment Award] (in Spanish). Universia. September 13, 2005. Archived from the original ( tt/noticia/2005/09/13/605968/premio-augusto-gonzalez-linares-medio-ambiente.html) on July 12, 2020. Retrieved July 17, 2020. Edgardo M. Latrubesse ( publications indexed by Google Scholar Retrieved from \" Awards and honors References External links 2/27/25, 7:54 Edgardo M. Latrubesse - Wikipedia 2/2", "8537_102.pdf": "2/27/25, 7:54 releases names of more faculty found in violation of sexual misconduct policies 1/4 releases names of more faculty found in violation of sexual misconduct policies Lara Korte [email protected] Published 1:52 p.m Jan. 9, 2020 Updated 1:52 p.m Jan. 10, 2020 Seventeen University of Texas employees, including three faculty members, have been found in violation of the school\u2019s sexual misconduct policy since 2017, according to a report made public Thursday. All of the professors are scheduled to teach classes in the upcoming spring semester. The report was compiled and released in response to demands by students protesting the continued employment of two professors who had previously been disciplined by the university for sexual misconduct. The two faculty members in question were Sahotra Sarkar, a philosophy professor, and Coleman Hutchison, a literature professor. The professors were sanctioned in 2017 and 2018 for violating sexual misconduct policies and, according to the course catalog, both are scheduled to teach courses in this semester. Hutchison was among the three faculty members listed in the newly released report. The new names include Johann Hofmann, a professor in the department of integrative biology, and Kevin Dalby, a professor in the College of Pharmacy. Edgardo Latrubesse, a research fellow in the department of geography and environment, also was accused. According to UT\u2019s report, Hofmann was accused in 2017 of trying to start a consensual relationship with a graduate student and made inappropriate comments of a sexual nature to the student. Hofmann denied some of the allegations and tried to provide context about others. The university office found sufficient evidence that Hofmann had violated the school\u2019s sexual misconduct policies, according to the report, and Hofmann received a written reprimand in July 2018. For two years, he was not permitted to hold an administrative or leadership position within the university. He was prohibited from sole supervision of graduate students until fall 2020, was suspended for one semester without pay and was removed as lab facilities director. Hofmann also was required to participate in one or more discussions with his college\u2019s associate dean regarding appropriate interactions and boundaries with students. 2/27/25, 7:54 releases names of more faculty found in violation of sexual misconduct policies 2/4 According to the course catalog, Hofmann is scheduled to teach one course this semester. Dalby, the pharmacy professor, was accused of making inappropriate comments of a sexual nature to a student. He denied some of the accusations, according to the report, but found sufficient evidence that the alleged conduct occurred. Dalby received a formal letter of reprimand in September and was prohibited from sole supervision of graduate students until fall 2021, among other disciplinary acts. According to the course catalog, he is teaching two courses this spring. Dozens of students spent much of the last half of the fall semester demonstrating outside leaders\u2019 offices, demanding the removal of the professors and more transparency from the university. In response President Gregory L. Fenves announced the creation of a working group, which first met in December. The group, made up of students, faculty, administrators and outside experts, will examine the school\u2019s policies and discuss proposed changes in the coming months. \u201cSexual misconduct violates the values and policies of UT-Austin. Every individual who serves our university must feel valued, respected and free to learn and work in a safe environment,\u201d spokesman J.B. Bird said in a statement. \u201cTransparency about past violations, which is mandated by the Texas Public Information Act, is an important step toward accountability has about 3,000 teaching faculty members and 24,000 staff members, including student and seasonal employees. Its human resources department coordinates the disciplinary process for staff members, and the provost\u2019s office coordinates the process for tenured and tenure-track faculty members, Bird added. Tasnim Islam, one of the leaders of the student group leading the fall protests, said she is happy to have the information but said it took too long to issue it. Islam also wants the university to release at least a decade\u2019s worth of records on professor misconduct and make it widely publicized online. \u201cThe university needs to step up and be responsible for once. They have a moral obligation to keep the students safe,\u201d she said. The university has dealt with professor misconduct several times in recent years, and sanctions can vary, according to documents the American-Statesman received in 2018 through open records requests. 2/27/25, 7:54 releases names of more faculty found in violation of sexual misconduct policies 3/4 In one instance, Jay Boisseau, the former director of UT\u2019s supercomputer center, resigned after accusations of an inappropriate relationship and sexual misconduct surfaced in 2014. The university ended up paying his accuser $325,000 to settle her claim. 2/27/25, 7:54 releases names of more faculty found in violation of sexual misconduct policies 4/4"} |
7,346 | George E. Walker | George Mason University | [
"7346_101.pdf"
] | {"7346_101.pdf": "Democracy Dies in Darkness 18 October 7, 1993 By Robert O'Harrow Jr history professor at George Mason University has agreed to plead no contest to a charge that he sexually assaulted a female student in his office last summer, according to county General District Court records. George E. Walker, 46, who has been at the university in Fairfax for 18 years, faces up to a year in jail and a $2,500 fine when he is sentenced on Nov. 18, a law enforcement official said. According to records, Walker agreed to the no-contest plea after authorities dropped a second charge that he had assaulted another student, a male, last summer. Walker could be stripped of his tenure, university officials said yesterday. Walker, a specialist in American and African American history, has been taken out of the classroom and reassigned to research, pending an internal investigation by the university. \"If we find that the charges are true . . . he could be terminated,\" said Daniel Walsch, university spokesman. Walker's attorney, Robert M. Alexander, said he and his client did not want to discuss the case. Walker, of Alexandria, was arrested by university police on July 27, one day after a female student alleged he had sexually assaulted her and a male alleged that Walker had assaulted him. Both were students in Walker's classes, but the alleged incidents occurred in his campus office at different times. \"There was alleged touching involved, unwanted touching,\" Walsch said. At a hearing Sept. 1, Walker agreed to plead no contest to sexual battery, a misdemeanor. According to the county prosecutor's office, sexual battery occurs when a threat, force or intimidation is involved. The no-contest plea is not an admission of guilt, only an acceptance of the prosecution's evidence. This article was published more than 31 years ago In exchange for Walker's plea, prosecutors said they would drop the assault case. Walker has been at the university since 1975, teaching survey courses on American history and specialized classes on African American history. He has a bachelor of arts degree in history and political science from Lincoln University, and a master's degree and a doctorate from Columbia University. Walker wrote his doctoral thesis on \"The Afro-American in New York City, 1827-1860,\" and his master's thesis on \"Black Resistance to the Fugitive Slave Law of 1850, 1850-1856.\" He also has co-wrote several books, including \"Proceedings of the Black State Conventions, 1840-1865.\""} |
8,848 | Gary Genna | Roane State Community College | [
"8848_101.pdf",
"8848_102.pdf"
] | {"8848_101.pdf": "The Tennessee Massage Licensure Board said it suspended Gary Genna's license in March for sexual activity involving two former students COUNTY, Tenn. \u2014 Editor's Note: Gary Genna's sexual battery charge was dismissed and expunged from his record in Nov. 2022. Court documents show the Tennessee Board of Massage Licensure issued a final order in Feb. 2023 to revoke his massage therapist license, saying the findings were sufficient to show willful negligence, unethical/unprofessional conduct and other violations based on allegations involving a client who was a former student of his. The board initially suspended his license in 2022 Roane State Community College professor charged with sexual battery has had his massage therapy license suspended by a state board more than a year after a former student reported an incident to Knox County deputies when she was 19. Roane State professor charged with sexual battery, massage license suspended after accusations Author Staff Published: 12:51 April 18, 2022 Updated: 5:28 April 18, 2022 \uf04b 2/27/25, 7:54 Roane State massage therapy professor charged with sexual battery | wbir.com 1/4 The Tennessee Massage Licensure Board suspended 63-year-old Gary Genna's license on March 28, saying he sexually assaulted numerous students at the school and in his home. As of the time of suspension, the board said Genna was still employed by Roane State. In a statement, Roane State said it placed Genna on administrative leave effective February 1, 2021, after learning about the allegations. The college said he has not worked with its massage therapy program since. \"Roane State is aware of the Order from the Board of Massage Licensure but is not a participant in the proceedings. Roane State cannot comment on the Order because we do not have access to the Board\u2019s file,\" it said. According to an incident report from the Knox County Sheriff's Office, Genna is facing one count of sexual battery from an incident that occurred in November 2020. The then-19-year-old victim said she contacted Genna for a massage at his home, saying he put his hands into her underwear and began to touch her genitals during the massage. According to the report, the victim said she became afraid, saying she left for her home to contact officers. The state board said it was also aware of a second incident involving a former student. The woman said she had received three massages from Genna, saying the first was \"normal\" and the second made her \"a bit uncomfortable.\" On the third, the victim said Genna told her to take off all her clothes. The victim said she wanted to keep her bra on, and he told her \"no.\" According to the board, the victim was draped with a \"very thin sheet\" that was see-through. The victim said he went on to touch her genitals several times. \"This situation imperatively requires emergency action in order to protect the public health, safety, and welfare prior to the initiation of formerly disciplinary charges,\" the board concluded when it suspended his license. Genna's license will remain suspended until the conclusion of the sexual battery case or until the state board orders otherwise. Genna is scheduled to appear in court in Knox County at 9 a.m. on August 19. His lawyer, Austin Lucas, gave the following statement: \u201cMr. Genna adamantly denies any allegation of professional or ethical misconduct.\u201d According to Lucas, Genna's charges are set to be dismissed at his next court date. According to the Tennessee Massage Licensure Board, Genna has been employed as an associate professor of somatic therapy for roughly 14 years and is the Program Director of Massage Therapy at Roane State. Genna had been licensed since August 1997. Related Articles Knoxville bartenders trained to identify, prevent sexual assault through Safe Bar Initiative searching for man who they say stole gun from Smoky Mountain Knife Works in February 2/27/25, 7:54 Roane State massage therapy professor charged with sexual battery | wbir.com 2/4 TWRA: Bald eagle euthanized after being shot in West Tennessee War Thunder | Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now SearchPad | Sponsored Techno Mag | Sponsored Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Access all channels anywhere, anytime War Thunder | Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag | Sponsored Crossout | Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now Incredible, the box everyone is talking about: Access all channels Is Really The Worst Front Office In The NBA? Megan Boswell to serve life sentence at Nashville prison 2/27/25, 7:54 Roane State massage therapy professor charged with sexual battery | wbir.com 3/4 ARTICLE... 2/27/25, 7:54 Roane State massage therapy professor charged with sexual battery | wbir.com 4/4", "8848_102.pdf": "Search... Crossville News First COUNTY, Tenn Roane State Community College professor charged with sexual battery has had his massage therapy license suspended by a state board more than a year after a former student reported an incident to Knox County deputies when she was 19. The Tennessee Massage Licensure Board suspended 63-year-old Gary Genna\u2019s license on March 28, saying he sexually assaulted numerous students at the school and in his home. As of the time of suspension, the board said Genna was still employed by Roane State. In a statement, Roane State said it placed Genna on administrative leave effective February 1, 2021, after learning about the allegations. The college said he has not worked with its massage therapy program since. \u201cRoane State is aware of the Order from the Board of Massage Licensure but is not a participant in the proceedings. Roane State cannot comment on the Order because we do not have access to the Board\u2019s file,\u201d it said. According to an incident report from the Knox County Sheriff\u2019s Office, Genna is facing one count of sexual battery from an incident that occurred in November 2020. The then-19-year-old victim said she contacted Genna for a massage at his home, saying he put his hands into her underwear and began to touch her genitals during the massage. According to the report, the victim said she became afraid, saying she left for her home to contact officers. The state board said it was also aware of a second incident involving a former student. The woman said she had received three massages from Genna, saying the first was \u201cnormal\u201d and the second made her \u201ca bit uncomfortable.\u201d On the third, the victim said Genna told her to take off all her clothes. The victim said she wanted to keep her bra on, and he told her \u201cno Privacy - Terms 2/27/25, 7:54 | C\u2026 1/2 According to the board, the victim was draped with a \u201cvery thin sheet\u201d that was see-through. The victim said he went on to touch her genitals several times. \u201cThis situation imperatively requires emergency action in order to protect the public health, safety, and welfare prior to the initiation of formerly disciplinary charges,\u201d the board concluded when it suspended his license \u00a9 Crossville News First. All rights reserved. | Powered By Maximum Site Design 2/27/25, 7:54 | C\u2026 2/2"} |
8,760 | Ron Mitchell | Western Kentucky University – Bowling Green | [
"8760_101.pdf"
] | {"8760_101.pdf": "WKUHerald.com \u2022 September 20, 2021 \u2022 sexual-misconduct-files-obscure-nearly-a-decade-of-university-title-ix-actions/ Blacked out: Redacted sexual misconduct files obscure nearly a decade of university Title actions Lily Burris and Debra Murray After a four-year legal battle and a Supreme Court decision in a similar case released nearly a decade\u2019s worth of sexual misconduct records this summer in response to a Herald open records request filed in 2016 and another earlier this year. Files from both responses, a total of 39 investigations, were released but heavily redacted. In 27 cases, covering allegations of sexual misconduct lodged against faculty or other employees from 2011 through 2020, the university concluded that the incidents did not violate WKU\u2019s Title policy. Those claims involved both students and employees and ranged from possible homophobic job denial to what the person felt was excessive touching found, in nine cases, enough evidence that resulted in the resignation or retirement of faculty or staff members, effectively ending the investigation before a formal conclusion. This included a case of a male staff member threatening to place holds on a female student\u2019s TopNet account, blocking her from registering for classes, in exchange for going on dates. In three cases, enough evidence was found to fire or discontinue the employees. Michael Abate, the Herald\u2019s attorney at the Kaplan Johnson Abate & Bird law firm in Louisville, contends that the records released were \u201cseriously over-redacted.\u201d Abate said the Herald is in the process of disputing those redactions and may ask the courts to resolve the dispute. In the original Nov. 1, 2016, open records request, the Herald asked for all investigative records for all Title investigations into all sexual misconduct allegations against employees in the last five years. This request was mirrored in spring 2021 when began to fulfill the original request initially rejected the 2016 request by citing the Family Educational Rights and Privacy Act. The Herald appealed the decision to Kentucky\u2019s attorney general, who oversees public access laws. The then Attorney General, now Governor Andy Beshear ruled was in violation of the Kentucky Open Records Act and ordered to turn over the documents. Alexandra Hendricks \u2018In the dark\u2019 Instead sued the Herald in Warren County Circuit Court in February 2017 in a case that still has not been resolved 4 1\u20442 years later. In a similar case where the University of Kentucky refused to turn over sexual misconduct records to the Kentucky Kernel, the university student newspaper, the state Supreme Court in March ruled in favor of the publication. The court opinion said could not use as an \u201cinvisibility cloak\u201d to hide all documents involved or associated with students. The federal law does indicate should be used to protect students\u2019 educational records. Abate said \u201ca requester is entitled to everything in the file not specifically exempt\u201d and cannot use to redact information about employees. The university is required to provide an index of reasons for their redactions. While did provide an index, Abate disputes whether many of the redactions were permissible under the Open Records Act. After the decision decided to begin turning over the 2011- 2016 records to the Herald, releasing redacted records over the next few months. In turn, the Herald made an identical request for records of such cases from 2016-2021. With the redactions, Abate said things appear to be missing from the files. The biggest one is the names of faculty and staff accused of wrong- doing, even if the claim is not found to be a violation of university policy. Abate said there is controlling case law that entitles the public to the names and handlings of the accusations. \u201cIn many instances, the university also redacted key substantive details of the allegations that make it difficult to know what actually happened,\u201d Abate said. \u201cSeveral files appear to be missing documentation contained in almost all other files. And in some places the redactions are not clearly explained, so it\u2019s impossible to know exactly what has been withheld.\u201d In a document outlining its reasons for redactions said it was following the ruling of the Supreme Court, federal privacy regulations and, on cases where no violations were found, a 2020 attorney general\u2019s opinion. For the public to have confidence in the safety of the campus community, Abate said, they must know these allegations are being handled seriously and appropriately. \u201cPublic universities simply cannot be permitted to sweep serious allegations under the rug or quietly push policy violators out the door to other institutions where they might offend again,\u201d Abate said. \u201cUnfortunately, the facts that have come to light from the Herald\u2019s reporting show that pattern of behavior is all too common among universities.\u201d On May 4, 2017, the Herald published \u201cIn the Dark,\u201d an in-depth report in which former Herald staffer Nicole Ares reported on more than 1,200 pages of records obtained through public records requests to all eight public Kentucky universities. Six of the eight universities provided records at the time, with only and Kentucky State University denying the request. Ares\u2019 story detailed violations at Northern Kentucky University, Eastern Kentucky University and Murray State University. At the time Andrea Anderson, who was then Title coordinator and now WKU\u2019s general counsel, told Ares that had six investigations that resulted in violations of the university\u2019s misconduct policy. Alexandra Hendricks Title policy Deborah Wilkins, WKU\u2019s Title coordinator who at the time of the Herald\u2019s 2016 request was general counsel, said Title discrimination includes sexual harassment and assault, domestic violence and stalking. Wilkins said this policy is not a complaint process, but is more of a services process. When WKU\u2019s Title office talks about an investigation, Wilkins said, investigators try to use neutral language. The person who filed the report is referred to as the complainant. The person accused in the report is called the respondent. \u201cWhen we get a report, the first thing we do, whether it\u2019s an employee or a student, is [ask] what can we do to assist this person?\u201d Wilkins said. \u201cWhat services can we do to help them get on track? Get comfortable? Respond to their needs?\u201d These services are about bringing back the sense of safety and security the complainant had before, Wilkins said. This might include changing a student\u2019s residence hall, prohibiting someone from entering a residence hall or getting the student from a class. The majority of reports the Title office receives come from a student about another student. These reports then involve employees in the Office of Student Conduct such as Michael Crowe, director, or Melanie Evans, coordinator. Other reports to the Title office involve employees, like the ones the Herald requested. The cases are handled by the Office of Equal Employment Opportunity/Affirmative Action/University Services, where Joshua Hayes is director, Title deputy/investigator and university coordinator. Hayes declined to be interviewed. After a complainant files a report and immediate services have been administered, Wilkins said, she is obligated under law to ask the person if they want to file a complaint and have their case formally investigated. Wilkins said they treat each report like it\u2019s going to be a complaint, but it\u2019s not their top priority. \u201cMy priority is to help them first,\u201d Wilkins said. Once a report is made to the Title office against an employee, Wilkins reaches out to the complainant to speak with them about the issue. Whether or not the complainant responds, Wilkins and Hayes begin an investigation into the complaint if it\u2019s about an employee, a new step as of August 2020. When Wilkins speaks with a complainant, she asks them if there were any witnesses they want the office to reach out to, which they will have the opportunity to add later. The complainant will be asked if they want an adviser to help them through the process. After the complainant has spoken with the Title office, Wilkins will offer them a copy of the transcript of their conversation to review and edit before officially adding it to the file. Simultaneously, Wilkins and Hayes then reach out to the director of the area of the university where the respondent worked, assuming the complaint is not against the director, and inform them that a complaint has been filed against one of their employees. They ask the director to make sure the parties are not in close contact or sharing responsibilities. Alexandra Hendricks Title changes Next, they interview the respond- ent against whom the report was filed to hear their version of events. They too are offered an adviser and asked for their list of witnesses. The respondent may say the opposite of what the student says and they are also allowed to review their statement. If there are videos, messages or emails that can be provided as evidence to the case, Wilkins said she and Hayes would also review those as a part of this process. Hayes and Wilkins then start talking to witnesses and having them review their statements for the investigation. This can take varying lengths of time, depending on the size of the department, how many witnesses there are and how fast they respond. Once the file is completed, it is shared with the complainant and respondent. They may have nothing to add to it. \u201cThen Josh and will determine, do we think there\u2019s a likelihood the policy has been violated?\u201d Wilkins said. \u201cIs there enough here to have a hearing?\u201d Another change since August 2020 is that if there is an employee involved in a complaint, there will be a hearing with an outside officer from the state Council on Postsecondary Education unless the allegation turns out to be entirely without foundation. Wilkins said an example would be if there was an allegation of an incident that happened on campus and the accused employee was proven to be in California at the time. During this process, an employee respondent can decide to resign or retire. If they do, then the investigation stops and that will be noted in the record. Wilkins said this stops with retirement or resignation because the university essentially loses jurisdiction. If the hearing officer decides the respondent has violated Title policy, the office issues a notice. Then the respondent\u2019s department head and the vice president of the division where the respondent works have 10 days to decide how they\u2019re going to address it and inform WKU\u2019s Title office, another new step as of August 2020 requires any employee who hears of sexual misconduct to report it to the Title office, even if it doesn\u2019t involve them or their work, but does not expect the person making such a report to verify that the incident actually occurred. \u201cBasically, what I\u2019m hammering on them is you don\u2019t have to investigate, you don\u2019t have to determine if it\u2019s true,\u201d Wilkins said. \u201cJust call us and we\u2019ll determine if it\u2019s true and you can go on your way.\u201d On Aug. 14, 2020, new federal Title regulations took effect. \u201cIn my mind, the biggest change was the fact that if it involves an employee, there is a hearing,\u201d Wilkins said. This means that with every Title report that comes in involving an employee, the office has to do a full investigation. \u201cIf there\u2019s evidence to show that it\u2019s more likely than not that a violation occurred, we will have a hearing,\u201d Wilkins said. Reports that only involve students can end or be resolved without a hearing. For each report involving an employee, the hearing officer for the case is a neutral person from the state Council on Postsecondary Education. This hearing officer will hear from the complainant, respondent, any witness and the investigators before deciding if the policy or policies in question were violated. Before August 2020, those matters were handled within the university. Alexandra Hendricks 39 Files \u2013 the breakdown Out of 39 cases the Herald received, five files had male complainants, 31 files had female complainants, two files had complainants from two genders and one case file\u2019s complainant gender could not be determined. There were 36 case files with male respondents and 3 case files with female respondents. After the hearing officer makes a decision, the complainant or the respondent can appeal it and then a new hearing officer will make a new decision. However, no one else can appeal the decision. The respondent\u2019s supervisor is not allowed to disagree and ignore it. Wilkins said has not, as of yet, had an occasion that would need a hearing officer from the CPE. \u201cThe other thing that was part of the changes in federal law was that if you\u2019re an employee and you have an investigation pending against you, you can\u2019t resign or retire,\u201d Wilkins said. \u201cNo one can prevent an individual from quitting a job, but the new regulations require us to note on that employee\u2019s permanent records, employment records that they resigned or retired under an investigation.\u201d Before, there was no requirement for a former employer to disclose if the person under consideration for a job had left their previous position under a Title investigation. Potential new employers only knew of that if they asked. It is now required to disclose if someone left under investigation in a job recommendation. Wilkins said the people hiring the respondent do have to reach out to the university and ask about them, and if they do, their former supervisor must tell them about the investigation. If a student leaves under an investigation, that is also noted on their permanent record. Wilkins said if a student or an employee leaves the university loses jurisdiction over the process. \u201cWe can\u2019t force people who are no longer associated with us to come back and go through the processes,\u201d Wilkins said. From the case files the Herald received through open records requests, several of the cases appear to have ended because the employee left the university. Amid the Title policy changes, there is also now a requirement for the supervisors of the employee who is found to violate the policy to report back to the Title office in writing their decision on what to do within 10 days. \u201cWhen you\u2019re forced to look at objective decision making and make your own decision and sign your name to it, it makes it a little harder to excuse bad behavior,\u201d Wilkins said. The decision about consequences for the respondent goes to the super- visor and the vice president of their division because they are responsible for the people who report to them. Wilkins said they should be a part of this process. \u201cIt holds them accountable in two ways \u2014 one, accountable to address the bad behavior that\u2019s already happened, and it also makes them aware that they\u2019re also going to be held accountable for future bad behavior,\u201d Wilkins said. She said that in the past, supervisors have asked Title what they thought about the situation and asked for advice. At the level, Wilkins said some minor change to the Title policy should be going to the president\u2019s cabinet this week. This includes adding prevention of discrimination. The records show that the university found violations of the Title policy in 12 of the 39 cases investigated did not redact the names of faculty or staff members who were found to have violated the policy in those instances. Alexandra Hendricks Cases to note Within the records the Herald received, most of the names of those faculty and staff investigated were redacted. However, 12 records where found violations occurred or likely occurred did include the employee names. The files varied in size ranging from 15 pages to 293, totaling to 5,884 pages, varying based on the number of witnesses interviewed, evidence and who handled the case. \u201cThe only difference, and this is very innocent, is [that] you got two different people in charge,\u201d Wilkins said. \u201cJoshua Hayes is very detail oriented and he documents everything and keeps everything so that\u2019s why you\u2019ll see a whole lot more in his files.\u201d Before June 30, 2015, the Director of the Office of Equal Employment Opportunity and the Title coordinator was Huda Melky, who retired. The variance in the case files extends to how much is redacted. One example is in Case from the 2016 open records request, where words from WKU\u2019s own Discrimination and Harassment Policy from April 1, 2013, were redacted from the file the university turned over to the Herald. \u201cThis policy does not supersede or replace any grievance or complaint procedures contained in the [redacted] Handbook,\u201d the case file stated. There is another one word redaction in the \u201cMembers of the University Committee\u201d subsection and several one word redactions in the \u201cConsensual Relationship\u201d subsection. \u201cIt is impossible to understand why the university would redact part of a university policy that is otherwise publicly available,\u201d Abate said. \u201cThere is no good-faith basis for doing so.\u201d One of the 39 cases, Case from the Herald\u2019s 2021 open records request, is a student employee vs. student employee Title and Title report and investigation. The events on this file revolve around two former student employees at the Herald during the 2019-20 year. The files consist of emails and handwritten notes and do not have any formal memos stating whether or not the respondent violated any policies. Investigators recommended that the person accused complete two training sessions, and that person was not hired back at the Herald. The Herald is disclosing this information about this case to hold itself to the same standard as WKU. Alexandra Hendricks Alexandra Hendricks Cases with violations Kenneth Johnson Case Kenneth Johnson, former assistant director of student activities, was investigated for violating the sexual misconduct policy in 2014 after a student filed a complaint of sexual harassment. Other violations found Case B, from the 2016 request, involved Colleen Donovan, an academic readiness instructor, who found had violated the university\u2019s discrimination and harassment policy, according to the investigation in May 2014 female student in her class filed a complaint because she notified Donovan that she would need to miss a few classes due to medical reasons. Donovan told her that she does not accept medical excuses, that no one could help her, and that according to her syllabus if a student is absent from three classes the student\u2019s grade drops to the next lower grade. Donovan was no longer employed at the university after May 2014. In the complaint, the student said on several occasions that Johnson threatened to place a hold on her TopNet account to prevent her from registering for classes if she did not stop by his office to visit him and have dinner with him. The student said she initially thought Johnson had the authority to place a hold on her account, but later found out that he could not do that. Before learning that, she agreed to have dinner with him had knots in my stomach. It bothered me how he used his position as a form of manipulation,\u201d the student stated in the report. The student said she had seen other students experience similar occurrences with Johnson. In the investigation interviewed 24 witnesses. Some denied experiencing or witnessing any form of harassment. Other witnesses mentioned trying to avoid Johnson, hearing rumors about him dating or having \u201cflings\u201d with female students, saying Johnson was \u201cclose\u201d with female students. One witness said, \u201cIt was a running joke that if you wanted to get ahead, you would sleep with Kenneth.\u201d Another witness said Johnson would take her to lunch and dinner, one-on-one, approximately three times per week. He would pick her up at her home, and would play \u201cromantic\u201d music. Johnson had purchased alcohol for both of them at dinners. Based on the findings of the investigation, Johnson violated WKU\u2019s Standards of Conduct policy and Discrimination and Harassment policy in addition to Title of the Educational Amendments of 1972. The file does not indicate if Johnson retired or resigned, but he is no longer employed at WKU. Case C, from the 2016 open records request, involved Timothy Mullin, former director of the Kentucky Museum and Library, who was investigated for violating the sexual misconduct policy and gender based discrimination after he made sexual comments towards others. The records include complaints that surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. Mullin died in 2020. Case D, from the 2016 request, involved Steve Briggs, assistant director of Housing and Residence Life, who found had violated the university\u2019s sexual misconduct policy after an informal complaint filed by a female student on Nov. 12, 2014 university employee complained that Briggs rubbed her arm and poked her arm in the hallway, then approached her from behind and rested his hands on her hips. When she moved away, Briggs said, \u201cIt\u2019s just me.\u201d On Sep. 9, 2015, Briggs submitted a letter of resignation. Case E, from the 2021 open records request, involved Jim Hills, an events associate for WKU, who terminated on June 4, 2019, after the Title investigation regarding him concluded found that Hills would discuss inappropriate sexual matters with student workers. According to the document, Hills would compliment body parts, talk about women and stare in an uncomfortable way while setting up events with student workers, based on witness statements. Case F, from the 2021 request, involved Keith Clark, a senior academic advisor, who found had violated the sexual misconduct policy in 2018 after a complaint was filed on March 18. Clark had been sending Facebook messages to a University of Louisville employee from March 13-17. He sent the employee a video of him \u201cspanking/paddling\u201d himself. He also sent her a photo of him bent over a stool, wearing an apron, spanking his bare bottom with a paddle. Clark resigned from the university. Case F, from the 2016 request, follows an investigation against Michael Kallstrom, a professor in the music department. On Sept. 3, 2015 began looking into a report from an- other faculty member who expressed concern about Kallstrom\u2019s interactions with a student. The student said she went with a friend to see Kallstrom, and while the friend turned to answer a phone call, Kallstrom Cases with no violations The majority of the cases the Herald received were reports where no violation against university policies were determined. Cases and from the 2021 open records request had enough detail to be described thoroughly. Case On May 2, 2018, a student reached out to Peggy Crowe, director of the Counseling Center, about an email he had received from his Interdisciplinary Studies instructor that caused concern. put his hand on her thigh. The university found that Kallstrom violated the university policy. He retired shortly after. Case G, from the 2021 records request, investigated a complaint that was received on Jan. 31, 2018, about Bryan Carson, coordinator of research instruction, grants and assessment. The complaint was in response to recurring incidents after a complaint against Carson in 2011. Based on the record, Carson made female employees and students feel unsafe around him. On Feb. 28, 2018, Carson resigned and was listed as ineligible for rehire at WKU. He then went to work at Missouri Valley College. Case A, from the 2021 request, investigated Ron Mitchell, an associate professor at WKU. On Oct. 3, 2017, Lisa Schneider, assistant to Athletics Director Todd Stewart, called Joshua Hayes to tell him about an issue with Mitchell and a female student. According to the documents provided, Mitchell invited the student to his house for lunch. He picked her up from Diddle Arena, took her to a \u201cbig house,\u201d went to a restaurant and then went to a different house. At the second house, Mitchell massaged her legs, back and feet, and continuously told her to release. During the massage, he told her that her clothes were dirty and that she needed to change into clothes he had for her. She said no. The student said no to the massage when he reached her upper thigh. She said Mitchell unfastened her bra, according to the documents, even though she said no. In an in-person conversation with Schneider and the student, Hayes asked how the student remained calm, she typed the answer on her phone felt sick. But was scared so could not say no.\u201d Mitchell resigned from the university on Oct. 18, 2017. Case C, from the 2021 request, investigated a complaint filed by an anonymous employee against Tim Boyer, access control locksmith, to the Title office in November 2020. On Nov. 17 at 10:10 am, there was an incident that was recorded by surveillance mentioned in the emails. \u201cWhile [redacted] was searching the key file storage, Tim rolled across the workshop floor in his office chair and positioned himself behind her while she was seated on the roller stool. The shop video shows Tim straddled within inches of her back and torso leaning over her shoulder. [Redact- ed] said she could feel his upper body/chest touching her back. The encounter lasted approximately one minute.\u201d In an email from Deborah Wilkins, she said there were three issues she thought were important to the case: there is video evidence regarding the complaint, Boyer is an \u201cat will\u201d employee so he can be terminated at any point, and Boyer had no meaningful excuse for his behavior in the video found that Boyer violated the sex and gender- based harassment, discrimination and retaliation policy. He was immediately terminated. Case D, from the 2021 request, dealt with Muhammad Sajjad, visiting assistant professor in physics and astronomy, who was \u201cdiscontinued\u201d and ineligible for rehire because a violation of policy was found. According to the records, the student told Hayes that she was standing by Sajjad\u2019s desk in the classroom behind the computer, and Sajjad was standing beside her, and his genitals were hitting her outer thigh. She clarified that Sajjad rubbed his genitals against her thigh in a side to side movement. Hayes asked how long Sajjad rubbed himself against her. She said Sajjad rubbed himself against her the entire time she was alphabetizing the exams, which took about five minutes. Case E, from the 2016 request, investigated a complaint that was filed against Brent Fisk, visual and performing arts library senior circulation assistant. According to the complaint, Fisk left his Pinterest ac-count open showing naked \u2014 \u201cspecifically topless\u201d \u2014 women on March 25, 2014. The incident was considered inappropriate use of technology. Co-workers said they felt uncomfortable around him since they were the same age and \u201ctype\u201d of women in the images Fisk had been looking at. From the documents provided, it is not clear whether Fisk resigned or was terminated from the university, but he did not continue to work at after 2015. Alexandra Hendricks The lead up to this email had been a conversation about planning a trip with the instructor and other students that the complainant would no longer be able to attend. Upon discovering the student could no longer attend the trip, the respondent sent an emotional response telling the complainant not to show up to the next class meeting he was supposed to attend as a peer mentor have a few days to deal with my loss and definitely do not want to fall apart in front of the class,\u201d the response from the employee in the file stated. From this interaction, the report and ensuing investigation revealed a long-time mentor-mentee relationship between the complainant and respondent. Instances involving heavily emotional conversations on the part of the respondent, multiple trips to conferences, a specific conversation involving bowties and Chippendale dancers and appearing in the complainant\u2019s personal life were discussed in the investigation. As the final email included in the file, the documents state that on Aug. 7, 2018, Hayes spoke to the respondent where he shared his findings and reminded him of three previously discussed points \u2014 encouraging the respondent to receive counseling, \u201cdiscouraging him from personal travel with students\u201d and having a separate room when traveling with students for work did not find a violation. Case On Sept. 17, 2018, a student reported a theater professor teaching Acting for the Camera whose name was redacted. The professor told the student, while she was undressed for a scene, that she could receive an \u201ceasy A.\u201d Other students urged her to report what happened due to a similar incident that occurred prior. In an interview with Hayes, the professor denied ever making the comment. The student was cast in a script written in a screenwriting class that one witness described as \u201cborderline pornographic.\u201d The student emailed the professor stating she was un- comfortable, to which the professor responded that they needed to talk further and that his \u201chands were tied.\u201d The student told a dance instructor who encouraged her to report the incident and said it was \u201cunacceptable.\u201d During the investigation, 15 witnesses were interviewed. One witness said that removing clothing for the \u201cfake porn\u201d scene was optional. Several witnesses mentioned not having any concerns about the professor, one referred to him as a \u201cfather figure.\u201d Other witnesses mentioned not feeling comfortable around him result of the investigation was a two-week period for students to decide if they are comfortable with their assigned script being added to the course syllabus. The professor was told to refrain from joking with students unless they have a \u201cmutual cohesive relationship.\u201d No violation of Title was found during this investigation. The investigation ended on Dec. 13, 2018. Herald staffers Michael J. Collins, Anna Leachman, Megan Fisher, Jacob Latimer, Shane Stryker, Jake Moore and Leo Bertucci contributed to this story. Digital News Editor Debra Murray can be reached at [email protected]. Follow her on Twitter @debramurrayy Editor-in-Chief Lily Burris can be reached at lily.burris203@topper. wku.edu. Follow her on Twitter @lily_burris."} |
7,262 | Orie Brown | California State University - Sacramento | [
"7262_101.pdf",
"7262_102.pdf",
"7262_103.pdf",
"7262_104.pdf"
] | {"7262_101.pdf": "Brown v. State Personnel Bd. (1985) [Civ. No. 23481. Court of Appeals of California, Third Appellate District. April 16, 1985 BROWN, Plaintiff and Appellant, v BOARD, Defendant and Respondent COLLEGES, Real Party in Interest and Respondent. (Opinion by Blease, J., with Puglia, P. J., and Carr, J., concurring.) [166 Cal. App. 3d 1152 Colley, Lindsey & Colley and Nathaniel S. Colley, Sr., for Plaintiff and Appellant. No appearance for Defendant and Respondent. John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Charles C. Kobayashi, and Susan P. Underwood, Deputy Attorneys General, for Real Party in Interest and Respondent BLEASE, J. Four years after discovery of allegations that associate professor Orie Brown made amorous overtures to two adult female students, [166 Cal. App. 3d 1155] officials of California State University at Sacramento (CSUS) filed charges of misconduct. They charged these acts (and three others), as \"a series and pattern of sexual harassment of female students,\" were cause for dismissal and Brown was fired. The two remote acts and one other occurring in 1979 were upheld as justifying dismissal by the State Personnel Board (board). Brown appeals from a judgment denying him relief by way of a writ of mandate (Code Civ. Proc., \u00a7 1094.5). We conclude that the extreme delay in filing these charges precludes their use as 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 1/12 grounds of discipline and that the remaining ground of discipline is insufficient to sustain the charge made. We will reverse the judgment and direct Brown's reinstatement. Facts The basis for the dismissal is unprofessional conduct and failure to perform the duties of his office, charged as \"a series and pattern of sexual harassment of female students.\" The events sustaining the cause were alleged to be five in number, three of which it was alleged were accompanied by threats of retaliation or retaliation admits that it \"does not now, and never has had any rule, regulation, law or policy against faculty and students dating each other, or even living together or marrying one another.\" Thus, the claim of misconduct is not premised on the fact of the sexual overtures alone. Rather, it is the extensiveness of the conduct which impairs the teacher student relationship by threats of retaliation which is viewed by as rendering the matter actionable. Brown was charged in 1981 with five instances of sexual harassment of his female students, in violation of Education Code section 89535, subdivisions (a), (b) and (f). The board found that allegations of two of the instances were baseless. Allegations that Brown had linked his conduct with retaliation or threats of retaliation were found not to be true. Of the remaining charges two of the instances were in 1975 and the remaining instance in 1979. The board did find that these three charges had merit, albeit in two cases only partial merit. This was found to be cause for dismissal as both unprofessional conduct and a failure to carry out the duties of his position. (Respectively subds. (b) and (f) of Ed. Code, \u00a7 89535.) fn. 1 At the outset of the board hearing Brown argued that two of the three incidents which form the basis of his dismissal should not be considered because the events in 1975 are too remote to serve as grounds of discipline. The board hearing officer rejected the contention that delay in prosecution of the charges could bar their use as a basis of dismissal. He said that if the [166 Cal. App. 3d 1156] evidence showed inability to defend as a result of the delay he would consider the claim. In his proposed decision the hearing officer reiterated the conclusion that no statute of limitation was applicable to failure to prosecute a misconduct claim against a employee. The hearing officer found the passage of time had prejudiced Brown with respect to defense of the two charges found not sustained but that there was no such prejudice regarding the 1975 incidents general description of the charges found substantiated by the board will suffice to set the analytical stage. Brown taught courses in criminal law at in the spring of 1975. One of Brown's female students, Ms. H., accompanied him to his office after they had been drinking beer in the 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 2/12 school cafeteria. Brown made a pass at her, embracing her and attempting to kiss her. She rejected his advances. Another female student, Ms. N., was discussing an extra credit paper with Brown in his office when he made comments on her attractive physical appearance. He made a pass at her, embracing her and attempting to kiss her. She pushed him away and left his office. Neither student complained to school authorities concerning these incidents until a year later, in the spring of 1976, when Brown was being considered for promotion and tenure. Then the complaints came to the attention of Professor Melnicoe, the chairman of Brown's department. Melnicoe testified that, although he believed the complaints were relevant to Brown's fitness to teach, they were not mentioned in the promotion and tenure proceedings. He said that the charges were not pursued as disciplinary matters because of the reluctance of the complainants. Melnicoe did bring them to the attention of his administrative superiors but was instructed \"not to go forward [with] anything because the complainants were unwilling to take any action at that time.\" Brown testified that Melnicoe brought up the accusations prior to the award of promotion and tenure. He also testified that the school's rules provided that charges of misconduct were germane to the decision to grant or deny tenure and promotion. He testified that he was summoned before the faculty committee considering his application for tenure and promotion and questioned concerning the charges of Ms. N. and Ms. H. Thereafter, the committee recommended that he receive tenure and be promoted. The president accepted the recommendation. The board found that the Ms. H. and Ms. N. incidents had been \"discussed by the faculty of the department at a meeting where [Brown's] promotion was being considered.\" The final alleged incident of sexual harassment sustained by the board hearing officer occurred four years later. It concerned Ms. B. She was a [166 Cal. App. 3d 1157] student in two of Brown's courses in the fall of 1979. She had sought Brown out on two occasions to discuss with him personal problems unrelated to her coursework. Later, on October 15, 1979, she went to his office to discuss her difficulties in studying for midterm examinations. While she was there Brown asked when his \"date\" was. Ms. B. said there was no date and noted Brown was a married man and a parent. As she was leaving Brown stated he would \"sure like to make love to [her].\" Ms. B. took this to be a proposition and was offended. She complained to another university professor who took her to Melnicoe. Melnicoe took no immediate action. In January 1980 Ms. B. filed a title 9 complaint with CSUS. An investigation was commenced by university authorities in March 1980 protracted review procedure culminated in the issuance of the notice of dismissal in June 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 3/12 of 1981. The notice included Ms. B's charges as one of the alleged \"series and pattern of sexual harassment of female students.\" The notice is the administrative pleading upon which the dismissal action which we review was predicated. Discussion Brown challenges the five-year delay in the bringing of charges based upon the 1975 events on grounds it violates the statute of limitations in Government Code section 19635 and, failing that, constitutes laches. Only the latter claim has merit. Brown implicitly relies upon the statute of limitations applicable to state civil service employees, Government Code section 19635. It provides: \"No punitive action shall be valid against any state employee for any cause for discipline based on any civil service law of this State, unless notice of such punitive action is served within three years after the cause for discipline, upon which such notice is based, first arose. Punitive action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of such action is served within three years after the discovery of such fraud, embezzlement, or falsification.\" [1] This section would be dispositive of the 1975 charges if it governed state university disciplinary proceedings. It does not. Although Brown is a state employee, the cause of discipline (Ed. Code, \u00a7 89535) is not \"based on any civil service law ....\" fn. 2 [166 Cal. App. 3d 1158] Brown then suggests that the provisions of Government Code section 19635 have been incorporated into the board's hearing procedures which are made applicable to him by Education Code section 89539. That is not the case. Section 89539 provides that when, as here, a university employee elects to have his case heard before the board, the board \"shall hold a hearing, following the same procedure as in state civil service proceedings ....\" That direction addresses only the civil service hearing procedures before the board. It refers to Government Code section 19578 which requires that the \"hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code ....\" The latter section specifies the evidentiary and other rules for the conduct of the hearing. It does not encompass pleadings, notices and other matters ancillary to the hearing such as matters pertaining to the limitation of actions (Gov. Code, \u00a7 19630 et seq.) of which Government Code section 19635 is a part. Thus, Government Code section 19635 does not directly govern the period within which must file charges, nor does it do so via Education Code section 89539. These 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 4/12 conclusions, however, do not mean that section 19635 has no application to Brown's case [2] In civil actions laches is a bar to equitable relief. (7 Witkin, Summary of Cal. Law (8th ed. 1974) Equity \u00a7 14, pp. 5239-5240; Stevenson v. Boyd (1908) 153 Cal. 630, 636 [96 P. 284].) It has been made applicable to quasi adjudicative proceedings as a common law policy pursuant to the \"inherent power [of courts] independent of statutory provisions to dismiss an action on motion of the defendant where it is not diligently prosecuted.\" (Steen v. City of Los Angeles (1948) 31 Cal. 2d 542, 546 [190 P.2d 937]; cf. Gates v. Department of Motor Vehicles (1979) 94 Cal. App. 3d 921, 924-925 [156 Cal. Rptr. 791]; see generally Cal. Administrative Hearing Practice (Cont.Ed.Bar 1984) Proceedings Before Hearing, \u00a7 2.21.) \"The policy to expedite justice underlying the rule, exists where the proceeding is before a local administrative agency exercising quasi judicial functions such as the board in the instant case. By analogy a proceeding before such a board should be dismissed where an unreasonable time has elapsed--where the proceeding is not diligently prosecuted.\" (Steen, supra, at pp. 546-547.) In such cases\" the appointing power is analogous to what in a civil action would be the plaintiff, and the employee the defendant.\" (Id, at p. 547.) [166 Cal. App. 3d 1159] Thus the administrative agency must diligently pursue the disciplinary action as if it were seeking equitable relief. In measuring diligence the courts will apply notions of laches borrowed from the civil law. [3] In civil actions the \"defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay.\" (Conti v. Board of Civil Service Commissioners (1969) 1 Cal. 3d 351, 359 [82 Cal. Rptr. 337, 461 P.2d 617], fns. omitted.) Ordinarily delay alone does not constitute laches because \"[t]he policy of this state with respect to lapse of time is [separately] embodied in statutes [of limitation] ....\" (McGuire v. Hibernia S. & L. Soc. (1944) 23 Cal. 2d 719, 736 [146 Cal. Rptr. 673, 151 A.L.R. 1062].) For this reason the courts \"have consistently rejected the concept that lapse of time less than the period of limitations in itself constitutes a defense.\" (Conti, supra, at p. 359, fn. omitted.) Thus \"[d]elay is not a bar unless it works to the disadvantage or prejudice of other parties.\" (7 Witkin, Summary of Cal. Law, supra, Equity, \u00a7 15, p. 5240; see also 2 Pomeroy's Equity Jurisprudence (5th ed. 1941) pp. 177-179.) It is said that \"[t]here is no fixed rule as to the circumstances that must exist or as to the period of time which must elapse before the doctrine of laches can be appropriately applied.\" (Brown v. State Personnel Board (1941) 43 Cal. App. 2d 70, 78 [110 P.2d 497].) That is so because what generally makes delay unreasonable is that it results in prejudice. 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 5/12 \"These two factors are interrelated ....\" (In re Marriage of Modnick (1983) 33 Cal. 3d 897, 908 [191 Cal. Rptr. 629, 663 P.2d 187].) \"'It is not so much a question of the lapse of time as it is to determine whether prejudice has resulted. If the delay has caused no material change in statu quo, ante, i.e., no detriment suffered by the party pleading the laches, his plea is in vain.'\" (Conti, supra, 1 Cal.3d at p. 360, quoting from Brown, supra, at p. 79.) Because of the relationship between prejudice and delay the circumstances which give rise to laches vary widely depending upon their interplay in the specific case. [4] However, there is one circumstance in which unreasonable delay could be found as a matter of law. At the common law, in cases in which equity was not strictly bound by the statute of limitations applicable to actions at law, the courts sometimes adopted for purposes of laches \"a period within which its aid must be sought, similar to that prescribed in analogous cases at law.\" (1 Wood on Limitations (4th ed. 1916) p. 276; cf. Holmberg v. Armbrecht (1945) 327 U.S. 392, 396 [90 L. Ed. 743, 747 [66 S. Ct. 582, 162 A.L.R. 719].) In such cases the burden was placed on the plaintiff to show a reasonable excuse for the delay. (Wood, supra, at p. 277, fn. 64 similar rule has been adopted in California. In cases in which no statute [166 Cal. App. 3d 1160] of limitations directly applies but there is a statute of limitations governing an analogous action at law, the period may be borrowed as a measure of the outer limit of reasonable delay in determining laches. (SeeIn re Marriage of Modnick, supra, 33 Cal.3d at p. 909;Vai v. Bank of America (1961) 56 Cal. 2d 329, 343 [15 Cal. Rptr. 71, 364 P.2d 247]; Keys v. Marin County (1871) 42 Cal. 252, 256; Ponce v. Graceous Navigation, Inc. (1981) 126 Cal. App. 3d 823, 829 [179 Cal. Rptr. 164]; Scott v. Municipal Court (1974) 40 Cal. App. 3d 995 [115 Cal. Rptr. 620]; Longfellow v. Presidente Miguel Aleman (1974) 36 Cal. App. 3d 508, 514 [111 Cal. Rptr. 643]; Protopappas v. Protopappas (1963) 213 Cal. App. 2d 659, 665 [28 Cal. Rptr. 884]; Curbelo v. Matson Navigation Co. (1961) 194 Cal. App. 2d 305, 308 [14 Cal. Rptr. 913]; compare Zastrow v. Zastrow (1976) 61 Cal. App. 3d 710, 714-715 [132 Cal. Rptr. 536]; see also Ulakovic v. Metropolitan Life Ins. Co. (1940) 339 Pa. 371 [16 A.2d 41]; 3 Sutherland, Statutory Construction (4th ed. 1974) \u00a7 70.03; cf. Lux v. Haggin (1886) 69 Cal. 255, 269 [10 P. 674]; Civ. Code, \u00a7 3511.) Whether or not such a borrowing should occur depends upon the strength of the analogy. [5] We find a strong analogy in Government Code section 19635. As related, it does not govern this case as a statute of limitations. However the section does reflect a legislative policy judgment that a delay of three years is inherently unreasonable in the prosecution of a disciplinary action against a broad range of public employees. The vast and undifferentiated gamut of state employees which are covered by this provision includes employees whose positions mirror those of employees. (See, e.g., Gov. Code, \u00a7 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 6/12 18597.) Thus, section 19635 provides a compelling indication of the outer limit of delay which is reasonable in the prosecution of a disciplinary action against an employee of the state university system. We borrow this period and hold that unless excused, a delay in the initiation of disciplinary proceedings for more than three years is unreasonable as a matter of law. The board offers as contrary a line of case law of which Bold v. Board of Medical Examiners (1933) 133 Cal. App. 23 [23 P.2d 826] is the leading case. It asserts that statutes of limitation in the Code of Civil Procedure should not be borrowed and applied to administrative disciplinary proceedings. (Also see, e.g., Bernd v. Eu (1979) 100 Cal. App. 3d 511 [161 Cal. Rptr. 58]; Rudolph v. Athletic Commission (1960) 177 Cal. App. 2d 1, 22 [1 Cal. Rptr. 898]; cf., e.g., In re Lowenthal (1889) 78 Cal. 428 [21 P. 7].) However, this case law is distinguished by two critical considerations. First, the analogies between the claims covered by the civil statutes of limitations and those at issue in the administrative actions were weak. Second, in none of these cases was there a delay by the public agency against whom laches was asserted. By contrast, the analogy between the kind of cases [166 Cal. App. 3d 1161] covered by Government Code section 19635 and Brown's case provides a precise parallel and it is the agency which has delayed. That leads us to consider the effect of the unreasonable delay. [6] Statutes of limitation and the doctrine of laches share a common policy. \"'Statutes of limitation, like the equitable doctrine of laches, in their conclusive effects are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared.'\" (Wood v. Elling Corp. (1977) 20 Cal. 3d 353, 362 [142 Cal. Rptr. 696, 572 P.2d 755], quoting from Telegraphers v. Ry. Express Agency 1944)321 U.S. 342, 348 [88 L. Ed. 788, 792, 64 S. Ct. 582].) The policies also encompass other forms of injury such as those resulting from a change of position during a delay statute of limitations effectuates these policies by a fixed rule which, absent tolling, bars the proceeding without proof of prejudice. Laches, on the other hand, requires proof of a delay which results in prejudice or change of position. However, as applied to laches the \"effect of the violation of [the analogous] statute is to shift the burden to the plaintiff to prove that his delay was excusable and that the defendant was not prejudiced thereby.\" (Curbelo, supra, 194 Cal.App.2d at p. 310; see also Ponce, supra, 126 Cal.App.3d at p. 830.) That gives effect to the policies of the statute in the context of laches while removing the rigidity of the statutes of limitation. Conti says that the burden of proof of prejudice ought not to be shifted, at least where the party asserting the defense of laches enjoys better access to the date respecting prejudice. (Conti, supra, 1 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 7/12 Cal.3d at p. 361.) But Conti did not concern the borrowing of an analogous statute of limitations. Rather it operated within a context of a directly governing statute of limitation. In that context, the policy of the statute was effected solely as a statute of limitations. Here, no effect can be given to the policy of the borrowed statute unless it establishes a presumption which shifts the burden of proof. We turn to the issues of excuse and prejudice. \"In order to excuse delay, [the responsible party] must show exceptional circumstances prevented earlier action.\" (Ponce, supra, 126 Cal.App.3d at p. 829, citation omitted.) That might be shown, for example, where the public agency lacks knowledge of the grounds of action. That is not the case here. [7] The only excuse advanced by is the reluctance of the witnesses to the 1975 events to lodge a formal complaint. This is unpersuasive. If an overt sexual advance to a student while acting as a professor is unprofessional conduct that is so regardless of the subjective response of the student. Whether the student welcomes the advance, declines the [166 Cal. App. 3d 1162] offer, or is deeply affronted, is extraneous. Unprofessional conduct may be a breach of the rights of the particular student or students affected. However, with respect to the dismissal of a professor for cause, the administrative cause of action is not founded upon a private right of a particular student. It is founded on the right and duty of to deter misconduct with punishment, just as a criminal offense is a matter between the state and the offender, independent of the wishes of the victim of the offense. The disposition of the victim may be of interest in the exercise of discretion to prosecute or not to prosecute. However, when the election is made to forego prosecution the unreasonable delay that attends that election is not excused merely because the authorities have deferred to the wishes of the victim. It is just as unfair to let an employee \"twist slowly in the wind\" regardless of who the employer permits to hold the rope attempts to bolster its argument by noting it has a \"practice\" to act only upon written complaint. That is not an excuse self-imposed constraint is no more a justification because it is delineated a practice than if it is discretionary. We note that when made up its mind to act it was able to persuade the formerly reluctant victims to participate. In sum, we find no cognizable excuse for the delay of four years in initiating the disciplinary action concerning the 1975 events. [8] That leaves the issue of prejudice did attempt to meet this burden. The board said: \"[Brown] made no showing of injury as a result of the delay in the charges, nor could he do so. The only witnesses who testified about each of these incidents were the women involved and appellant. No one else could have testified, since appellant was alone with 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 8/12 each woman at the time of the alleged harassment. None of their memories seemed to be dimmed by the passage of time. Thus, there was no injury, and the doctrine of laches does not apply.\" The board however did not go far enough. Assuming that we credit its determination of credibility, prejudice may also be established by detrimental reliance by the affected party upon the status quo. (See Vesper v. Forest Lawn Cem. Assn. (1937) 20 Cal. App. 2d 157, 165-166 [67 P.2d 368]; see also e.g., Lux v. Haggin, supra, 69 Cal. at pp. 269-270;Conti v. Board of Civil Service Commissioners, supra, at p. 360 relying upon Brown v. State Personnel Board (1941) 43 Cal. App. 2d 70, 79 [110 P.2d 497]; see also Zakaessian v. Zakaessian (1945) 70 Cal. App. 2d 721, 726-727 [161 P.2d 677].) The record shows such reliance. The tenure committees in 1976 advanced Brown to tenure in the face of the 1975 charges. The board found that the Ms. H. and Ms. N. incidents had been \"discussed by the faculty of the department at a meeting where [Brown's] promotion was being considered.\" That is a [166 Cal. App. 3d 1163] circumstance which we must assume, in the absence of contrary proof by CSUS, led Brown to devote his energies to his employment with and perforce to forgo other employment opportunities. Nothing in the record supports an inference that Brown was without alternative prospects. Professor Melnicoe testified that Brown was a good teacher whose evaluations compared favorably with other faculty members. The loss of four years at the outset of an academic career is a considerable change of position in reliance upon the status quo. That works a sufficient prejudice to transform the unreasonable delay in this case into the bar of laches. Accordingly, the disciplinary action may not be founded upon the 1975 events [9] That leaves intact the finding of a single sexual advance made in 1979 without threats of academic retaliation and tenders the question whether it alone supports the disciplinary action. We will answer in the negative because it does not support the charges upon which the disciplinary action was taken and they cannot be amended at this late date. The notice of dismissal, the charging document filed by CSUS, alleged a linked set of events as the singular ground constituting the cause for discipline. It charged that \"[t]he events upon which the ... causes [e.g. unprofessional conduct] are based are a series and pattern of sexual harassment of female students by you, including harassment of: [Ms. N., H. and B. accompanied by threats or retaliation].\" The finding of a single sexual advance to Ms. B., made without threat or retaliation, remaining after elimination of the 1975 charges from consideration, does not support that charge. Manifestly a single instance does not constitute a series or a pattern. Nor was the act accompanied by retaliation as charged. That bears upon the question whether the advance impinged upon Brown's professional 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 9/12 duties. We again note that admits that it \"does not now, and never has had any rule, regulation, law or policy against faculty and students dating each other, or even living together or marrying one another.\" Accordingly, there is not substantial evidence to support the charge made. (See Code Civ. Proc., \u00a7 1094.5; cf. Wheeler v. State Bd. of Forestry (1983) 144 Cal. App. 3d 522, 528 [192 Cal. Rptr. 693].) That conclusion compels Brown's reinstatement. fn. 3 [166 Cal. App. 3d 1164] [10] The discipline of an employee of the California State University and Colleges must be predicated upon a \"statement of causes [and] the events or transactions upon which the causes are based ....\" (Ed. Code, \u00a7 89538.) The causes for discipline are set forth in Education Code section 89535 and include unprofessional conduct. The university initiates the disciplinary proceedings by giving a notice (the charging document) to the employee alleging the causes and events upon which discipline is based and takes the disciplinary \"action\" (Ed. Code, \u00a7\u00a7 89538, 89539). The action constitutes the university's judgment that the conduct, i.e., the alleged \"events or transactions,\" meets CSUS's criteria of the alleged cause of discipline, e.g., unprofessional conduct, and that the respondent has engaged in it. Neither section 89539 nor any other provision of law fn. 4 permits the amendment of the charging document after has taken its disciplinary action. fn. 5 Where, as here, the employee elects an appeal to the State Personnel Board, Education Code section 89539 governs both the grounds of appeal and (necessarily) the grounds upon which the board may act, here \"that the employee did not do the acts or omissions alleged as the events or transactions upon which the causes are based ....\" (Italics added.) This provision limits the board's authority to act (Ed. Code, \u00a7 89539) to the allegations [166 Cal. App. 3d 1165] of the charging document. Consequently, the board may not alter the charging document or take action upon a charge not made. The judgment is reversed. The trial court shall issue a peremptory writ of mandamus directing the reinstatement of Brown and according him any other relief to which he may be entitled as a result of said reinstatement. Puglia, P. J., and Carr, J., concurred 1. The board impliedly rejected the charge that the conduct was also immoral conduct. (Ed. Code, \u00a7 89535, subd. (a 2. Employees of the California State University and Colleges are exempt from the constitutionally mandated civil service system. (Cal. Const., art. VII, \u00a7 4, subd. (h).) They are state employees. (Slivkoff v. Board of Trustees (1977) 69 Cal. App. 3d 394, 401 [137 Cal. 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 10/12 Rptr. 920].) However, they do not come within Government Code section 19635 because it applies only to a \"cause for discipline based on any civil service law of this State ....\" The cause of discipline in this case stems from Education Code section 89535 which is not a civil service law. (See Gov. Code, \u00a7 18526.) That the Legislature has accorded the state universities some attributes of civil service protection, e.g., tenure and the right to a State Personnel Board hearing concerning disciplinary action, does not have the effect of conversion of their status to that of civil service employees. (Cal. State Employees Assn. v. Trustees of Cal. State Colleges (1965) 237 Cal. App. 2d 530, 538-539 [47 Cal. Rptr. 73].) Thus Government Code section 19635 cannot be applied directly as a limitation applicable to Brown's dismissal 3. It might be argued that the appropriate disposition is to remand the case to the board for a reconsideration of the penalty in the light of the remaining finding. That is sometimes appropriate in cases in which there has been a failure to make a finding necessary to support the charge made. (See American Funeral Concepts v. Board of Funeral Directors & Embalmers (1982) 136 Cal. App. 3d 303, 314 [186 Cal. Rptr. 196]; Robinson v. State Personnel Bd. (1979) 97 Cal. App. 3d 994, 1003-1004 [159 Cal. Rptr. 222].) However, nothing in these cases authorizes an amendment of the charging document or requires a respondent to defend against a charge not made 4. It is noteworthy that the provisions which govern state civil service proceedings, although not applicable here, provide for amendment of the charging document only prior to the submission of the appeal for decision by the board. In such case, \"[i]f the amended ... notice presents new causes or allegations the employee shall be afforded a reasonable opportunity to prepare his defense thereto ....\" (See Gov. Code, \u00a7 19575.5, italics added 5. In the absence of a procedure which permits a respondent to prepare for and contest an amended charge a serious constitutional problem arises. Due process requires that the respondent be given \"notice ... of the standards by which his conduct is to be measured\" (Wheeler v. Board of Forestry, supra, 144 Cal.App.3d at p. 527) and \"fair notice as to the reach of the [disciplinary] procedure.\" (In re Ruffalo (1968) 390 U.S. 544, 552 [20 L. Ed. 2d 117, 123, 88 S. Ct. 1222].) That requires that the respondent be given adequate notice both of the claimed legal standard and the events which are alleged to contravene it and an opportunity to challenge them. Where the cause alleged has potential application to a broad range of conduct, such as unprofessional conduct, the events alleged to contravene the charge do more than allege what must be proved. They also provide criteria by which the charge is narrowed. (Cf. Wheeler, supra, 144 Cal.App.3d at pp. 527-528.) Any significant amendment of the events alleged to constitute the cause alters not only what 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 11/12 must be proved but may alter the criteria by which the cause is to be measured. Although Brown was put on notice that the events which constitute the remaining finding were in issue their significance as a singular ground of discipline was not charged or communicated to him. That might have entirely altered the cast of Brown's case. We note that the board expressed equivocation about the viability of the 1979 events as a sole ground of discipline. We imply no opinion on that subject. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/27/25, 7:55 Brown v. State Personnel Bd. (1985) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: U.S. Law :: \u2026 12/12", "7262_102.pdf": "18, 1985 National News Briefs SACRAMENTO, Calif former state university criminal law professor accused of sexually harrassing female students must be given his job back, a state appellate court held panel of the 3rd District Court of Appeal said in the 3-0 decision released Wednesday that Associate Professor Orie Brown was unfairly fired from California State University, Sacramento, after disciplinary proceedings in 1981 He was charged with sexually harassing three female students. Two of them complained that Brown had made 'amorous overtures' to them in 1975, and a third woman complained of a similar advance in 1979. Court documents said one of Brown's students accused the professor of 'embracing her and attempting to kiss her' in his office in 1975 after she returned with him from the school cafeteria, where they had been drinking beer second female student complained that Brown also embraced her and tried to kiss her as she discussed an extra \uf09a \uf02f \uf003 2/27/25, 7:55 National News Briefs Archives 1/5 credit paper with him in his office, also in 1975. The final allegation involved a woman who said Brown told her in his office in 1979 that he would 'sure like to make love to (her).' The court dismissed the 1975 incidents because the complaints about them were filed too late. 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Odd News // 1 day ago 27-year-old llama certified as oldest in the world Feb. 26 North Carolina llama was officially declared the oldest in the world at the age of 27 years and 250 days old 2/27/25, 7:55 National News Briefs Archives 3/5 \uf082 \uf081 \uf16d \uf08c \uf0d3 Gene Hackman, wife Betsy Arakawa, found dead at Santa Fe home 'American Idol' hopeful sings original song about slain teen College basketball: Michigan State stuns Maryland with 65-foot buzzer-beater Tate brothers arrive in Florida after being allowed to leave Romania cancels meeting to choose flu strains for next year's vaccine Trending Stories Follow Us 2/27/25, 7:55 National News Briefs Archives 4/5 About Contact Corrections Advertisements Copyright \u00a9 2025 United Press International, Inc. All Rights Reserved. Terms of Use Privacy Policy 2/27/25, 7:55 National News Briefs Archives 5/5", "7262_103.pdf": "From our private database of 46,300+ case briefs, written and edited by humans\u2014never with AI. Brown v. California State Personnel Board California Court of Appeal 213 Cal. Rptr. 53 (1985) Written by Mike Begovic Facts Orie Brown (plaintiff) was a tenured professor at California State University at Sacramento (CSUS). In 1975, prior to receiving tenure, Brown was involved in two separate incidents with female students. Both incidents involved Brown attempting to embrace and kiss a female student in his office. Neither student mentioned the incident to school authorities, but the head of the department became aware of the incidents. According to school officials who became aware of the incidents years later, no action was taken at the time because the female students were unwilling to take any action year later, the incidents were brought up during Brown\u2019s tenure review. In spite of the incidents, Brown was awarded tenure. In 1979, after receiving tenure, Brown was involved in another incident in which he told a female student that he wanted to sleep with her. The student filed a Title complaint with CSUS, triggering an administrative-review process that culminated in Brown being dismissed by the California State Personnel Board (the board) (defendant). During the administrative hearing, the board rejected Brown\u2019s argument that the two earlier incidents were too remote to be considered. Brown\u2019s termination notice cited his unprofessional conduct and failure to perform duties because of a series and pattern of sexual harassment of female students. Brown filed suit against the board, alleging that the disciplinary action taken against him violated the doctrine of laches argued that the delay was excused and, alternatively, that Brown suffered no prejudice as a result trial court sided with CSUS. Brown appealed. Rule of Law Issue The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in. 2/27/25, 7:55 Brown v. 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Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions. Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don\u2019t just repeat the court\u2019s language. 2/27/25, 7:55 Brown v. California State Personnel Board, 213 Cal. Rptr. 53 (1985): Case Brief Summary | Quimbee 3/3", "7262_104.pdf": "v (1985) Court of Appeal, Third District, California. Orie Alfred BROWN, Plaintiff and Appellant, v BOARD, Defendant and Respondent the SYSTEM, Real Party in Interest and Respondent. Civ. 23481. Decided: April 16, 1985 Colley, Lindsey & Colley and Nathaniel S. Colley, Sr., Sacramento, for plaintiff and appellant. John K. Van de Kamp, Atty. Gen., N. Eugene Hill, Asst. Atty. Gen., Susan P. Underwood, Deputy Atty. Gen., for real party in interest and respondent. Four years after discovery of allegations that associate professor Orie Brown made amorous overtures to two adult female students, officials of California State University at Sacramento (CSUS) filed charges of misconduct. They charged these acts (and three others), as \u201ca series and pattern of sexual harassment of female students,\u201d were cause for dismissal and Brown was fired. The two remote acts and one other occurring in 1979 were upheld as justifying dismissal by the State Personnel Board (board). Brown appeals from a judgment denying him relief by way of a writ of mandate (Code Civ.Proc., \u00a7 1094.5). We conclude that the extreme delay in filing these charges precludes their use as grounds of discipline and that the remaining ground of discipline is insufficient to sustain the charge made. We will reverse the judgment and direct Brown's reinstatement \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/27/25, 7:55 v (1985) | FindLaw 1/16 The basis for the dismissal is unprofessional conduct and failure to perform the duties of his office, charged as \u201ca series and pattern of sexual harassment of female students.\u201d The events sustaining the cause were alleged to be five in number, three of which it was alleged were accompanied by threats of retaliation or retaliation admits that it \u201cdoes not now, and never has had any rule, regulation, law or policy against faculty and students dating each other, or even living together or marrying one another.\u201d Thus, the claim of misconduct is not premised on the fact of the sexual overtures alone. Rather, it is the extensiveness of the conduct which impairs the teacher student relationship by threats of retaliation which is viewed by as rendering the matter actionable. Brown was charged in 1981 with five instances of sexual harassment of his female students, in violation of Education Code section 89535, subdivisions (a), (b) and (f). The board found that allegations of two of the instances were baseless. Allegations that Brown had linked his conduct with retaliation or threats of retaliation were found not to be true. Of the remaining charges two of the instances were in 1975 and the remaining instance in 1979. The board did find that these three charges had merit, albeit in two cases only partial merit. This was found to be cause for dismissal as both unprofessional conduct and a failure to carry out the duties of his position. (Respectively subd. (b) and (f) of Ed.Code, \u00a7 89535.) 1 At the outset of the board hearing Brown argued that two of the three incidents which form the basis of his dismissal should not be considered because the events in 1975 are too remote to serve as grounds of discipline. The board hearing officer rejected the contention that delay in prosecution of the charges could bar their use as a basis of dismissal. He said that if the evidence showed inability to defend as a result of the delay he would consider the claim. In his proposed decision the hearing officer reiterated the conclusion that no statute of limitation was applicable to failure to prosecute a misconduct claim against a employee. The hearing officer found the passage of time had prejudiced Brown with respect to defense of the two charges found not sustained but that there was no such prejudice regarding the 1975 incidents general description of the charges found substantiated by the board will suffice to set the analytical stage. Brown taught courses in criminal law at in the spring of 1975. One of Brown's female students, Ms. H., accompanied him to his office after they had been drinking beer in the school cafeteria. Brown made a pass at her, embracing her and attempting to kiss her. She rejected his advances. Another female student, Ms. N., was discussing an extra credit paper with Brown in his office when he made comments on her attractive physical appearance. He made a pass at her, embracing her and attempting to kiss her. She pushed him away and left his office. Neither student complained to school authorities concerning these incidents until a year later, in the spring of 1976, when Brown was being considered for promotion and tenure. Then the complaints came to the attention of Professor Melnicoe, the chairman of Brown's department. Melnicoe testified 2/27/25, 7:55 v (1985) | FindLaw 2/16 that, although he believed the complaints were relevant to Brown's fitness to teach, they were not mentioned in the promotion and tenure proceedings. He said that the charges were not pursued as disciplinary matters because of the reluctance of the complainants. Melnicoe did bring them to the attention of his administrative superiors but was instructed \u201cnot to go forward [with] anything because the complainants were unwilling to take any action at that time.\u201d Brown testified that Melnicoe brought up the accusations prior to the award of promotion and tenure. He also testified that the school's rules provided that charges of misconduct were germane to the decision to grant or deny tenure and promotion. He testified that he was summoned before the faculty committee considering his application for tenure and promotion and questioned concerning the charges of Ms. N. and Ms. H. Thereafter, the committee recommended that he receive tenure and be promoted. The president accepted the recommendation. The board found that the Ms. H. and Ms. N. incidents had been \u201cdiscussed by the faculty of the department at a meeting where [Brown's] promotion was being considered.\u201d The final alleged incident of sexual harassment sustained by the board hearing officer occurred four years later. It concerned Ms. B. She was a student in two of Brown's courses in the fall of 1979. She had sought Brown out on two occasions to discuss with him personal problems unrelated to her coursework. Later, on October 15, 1979, she went to his office to discuss her difficulties in studying for mid-term examinations. While she was there Brown asked when his \u201cdate\u201d was. Ms. B. said there was no date and noted Brown was a married man and a parent. As she was leaving Brown stated he would \u201csure like to make love to [her].\u201d Ms. B. took this to be a proposition and was offended. She complained to another university professor who took her to Melnicoe. Melnicoe took no immediate action. In January 1980 Ms. B. filed a Title 9 complaint with CSUS. An investigation was commenced by university authorities in March of 1980 protracted review procedure culminated in the issuance of the notice of dismissal in June of 1981. The notice included Ms. B's charges as one of the alleged \u201cseries and pattern of sexual harassment of female students.\u201d The notice is the administrative pleading upon which the dismissal action which we review was predicated I. Brown challenges the five-year delay in the bringing of charges based upon the 1975 events on grounds it violates the statute of limitations in Government Code section 19635 and, failing that, constitutes laches. Only the latter claim has merit. 2/27/25, 7:55 v (1985) | FindLaw 3/16 Brown implicitly relies upon the statute of limitations applicable to state civil service employees, Government Code section 19635. It provides: \u201cNo punitive action shall be valid against any state employee for any cause for discipline based on any civil service law of this State, unless notice of such punitive action is served within three years after the cause for discipline, upon which such notice is based, first arose. Punitive action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of such action is served within three years after the discovery of such fraud, embezzlement, or falsification.\u201d This section would be dispositive of the 1975 charges if it governed state university disciplinary proceedings. It does not. Although Brown is a state employee, the cause of discipline (Ed.Code, \u00a7 89535) is not \u201cbased on any civil service law\u2024\u201d 2 Brown then suggests that the provisions of Government Code section 19635 have been incorporated into the board's hearing procedures which are made applicable to him by Education Code section 89539. That is not the case. Section 89539 provides that when, as here, a university employee elects to have his case heard before the board, the board \u201cshall hold a hearing, following the same procedure as in state civil service proceedings\u2024\u201d That direction addresses only the civil service hearing procedures before the board. It refers to Government Code section 19578 which requires that the \u201chearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code\u2024\u201d The latter section specifies the evidentiary and other rules for the conduct of the hearing. It does not encompass pleadings, notices and other matters ancillary to the hearing such as matters pertaining to the limitation of actions (Gov.Code, \u00a7\u00a7 19630 et seq.) of which Government Code section 19635 is a part. Thus, Government Code section 19635 does not directly govern the period within which must file charges, nor does it do so via Education Code section 89539. These conclusions, however, do not mean that section 19635 has no application to Brown's case In civil actions laches is a bar to equitable relief. (7 Witkin, Summary of Cal.Law (8th ed. 1974) Equity \u00a7 14, pp. 5239\u20135240; Stevenson v. Boyd (1908) 153 Cal. 630, 636, 96 P. 284.) It has been made applicable to quasi adjudicative proceedings as a common law policy pursuant to the \u201cinherent power [of courts] independent of statutory provisions to dismiss an action on motion of the defendant where it is not diligently prosecuted.\u201d (Steen v. City of Los Angeles (1948) 31 Cal.2d 542, 546, 190 P.2d 937; c.f. Gates v. Department of Motor Vehicles (1979) 94 Cal.App.3d 921, 924\u2013925, 156 Cal.Rptr. 791; see generally Cal. Administrative Hearing Practice (Cont.Ed.Bar 1984) \u00a7 2.21.) \u201cThe policy to expedite justice underlying the rule, exists where the proceeding is before a local administrative agency exercising quasi judicial functions such as the board in the instant case. By analogy a proceeding before such a board should be dismissed where an unreasonable time has elapsed\u2014where the proceeding is not diligently prosecuted.\u201d (Steen, supra, 31 Cal.2d at pp. 546\u2013547, 190 P.2d 937.) In such cases \u201cthe appointing power is analogous to what in a civil action would be the plaintiff, and the employee the 2/27/25, 7:55 v (1985) | FindLaw 4/16 defendant.\u201d (Id., at p. 547, 190 P.2d 937.) Thus the administrative agency must diligently pursue the disciplinary action as if it were seeking equitable relief. In measuring diligence the courts will apply notions of laches borrowed from the civil law. In civil actions the \u201cdefense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay.\u201d (Conti v. Board of Civil Service Commissioners (1969) 1 Cal.3d 351, 359, 82 Cal.Rptr. 337, 461 P.2d 617, fns. omitted.) Ordinarily delay alone does not constitute laches because \u201c[t]he policy of this state with respect to lapse of time is [separately] embodied in statutes [of limitation]\u2024\u201d (McGuire v. Hibernia S. & L. Soc. (1944) 23 Cal.2d 719, 736, 146 P.2d 673.) For this reason the courts \u201chave consistently rejected the concept that lapse of time less than the period of limitations in itself constitutes a defense.\u201d (Conti, supra, 1 Cal.3d at p. 359, 82 Cal.Rptr. 337, 461 P.2d 617, fn. omitted.) Thus \u201c[d]elay is not a bar unless it works to the disadvantage or prejudice of other parties.\u201d (7 Witkin, Summary of Cal.Law, supra, Equity, \u00a7 15, p. 5240; see also 2 Pomeroy's Equity Jurisprudence (5th ed. 1941) pp. 177\u2013179.) It is said that \u201c[t]here is no fixed rule as to the circumstances that must exist or as to the period of time which must elapse before the doctrine of laches can be appropriately applied.\u201d (Brown v. State Personnel Board (1941) 43 Cal.App.2d 70, 78, 110 P.2d 497.) That is so because what generally makes delay unreasonable is that it results in prejudice. \u201cThese two factors are interrelated\u2024\u201d (In re Marriage of Modnick (1983) 33 Cal.3d 897, 908, 191 Cal.Rptr. 629, 663 P.2d 187.) \u201c \u2018It is not so much a question of the lapse of time as it is to determine whether prejudice has resulted. If the delay has caused no material change in statu quo, ante, i.e., no detriment suffered by the party pleading the laches, his plea is in vain.\u2019 \u201d (Conti, supra, 1 Cal.3d at p. 360, 82 Cal.Rptr. 337, 461 P.2d 617, quoting from Brown, supra, 43 Cal.App.2d at p. 79, 110 P.2d 497.) Because of the relationship between prejudice and delay the circumstances which give rise to laches vary widely depending upon their interplay in the specific case. However, there is one circumstance in which unreasonable delay could be found as a matter of law. At the common law, in cases in which equity was not strictly bound by the statute of limitations applicable to actions at law, the courts sometimes adopted for purposes of laches \u201ca period within which its aid must be sought, similar to that prescribed in analogous cases at law.\u201d (1 Wood on Limitations (4th ed. 1916) p. 276; cf. Holmberg v. Armbrecht (1946) 327 U.S. 392, 396, 66 S.Ct. 582, 584, 90 L.Ed. 743, 747.) In such cases the burden was placed on the plaintiff to show a reasonable excuse for the delay. (Wood, supra, at p. 277, fn. 64 similar rule has been adopted in California. In cases in which no statute of limitations directly applies but there is a statute of limitations governing an analogous action at law, the period may be borrowed as a measure of the outer limit of reasonable delay in determining laches. (See In re Marriage of Modnick, supra, 33 Cal.3d at p. 909, 191 Cal.Rptr. 629, 663 P.2d 187; Vai v. Bank of America (1961) 56 Cal.2d 329, 343, 15 Cal.Rptr. 71, 364 P.2d 247; Keys v. Marin County (1871) 42 Cal. 252, 256; Ponce v. Graceous Navigation, Inc. (1981) 126 Cal.App.3d 823, 829, 179 Cal.Rptr. 164; Scott v. Municipal Court (1974) 40 Cal.App.3d 995, 115 Cal.Rptr. 620; Longfellow v. 2/27/25, 7:55 v (1985) | FindLaw 5/16 Presidente Miguel Aleman (1974) 36 Cal.App.3d 508, 514, 111 Cal.Rptr. 643; Protopappas v. Protopappas (1963) 213 Cal.App.2d 659, 665, 28 Cal.Rptr. 884; Curbelo v. Matson Navigation Co. (1961) 194 Cal.App.2d 305, 308, 14 Cal.Rptr. 913; compare Zastrow v. Zastrow (1976) 61 Cal.App.3d 710, 714\u2013 715, 132 Cal.Rptr. 536; see also Ulakovic v. Metropolitan Life Ins. Co. (1940) 339 Pa. 571, 16 A.2d 41; 3 Sutherland, Statutory Construction (4th ed. 1974) \u00a7 70.03; c.f. Lux v. Haggin (1886) 69 Cal. 255, 269, 4 P. 919; Civ.Code, \u00a7 3511.) Whether or not such a borrowing should occur depends upon the strength of the analogy. We find a strong analogy in Government Code section 19635. As related, it does not govern this case as a statute of limitations. However the section does reflect a legislative policy judgment that a delay of three years is inherently unreasonable in the prosecution of a disciplinary action against a broad range of public employees. The vast and undifferentiated gamut of state employees which are covered by this provision includes employees whose positions mirror those of employees. (See e.g. Gov.Code, \u00a7 18597.) Thus, section 19635 provides a compelling indication of the outer limit of delay which is reasonable in the prosecution of a disciplinary action against an employee of the state university system. We borrow this period and hold that unless excused, a delay in the initiation of disciplinary proceedings for more than three years is unreasonable as a matter of law. The board offers as contrary a line of case law of which Bold v. Board of Medical Examiners (1933) 133 Cal.App. 23, 24, 23 P.2d 826 is the leading case. It asserts that statutes of limitation in the Code of Civil Procedure should not be borrowed and applied to administrative disciplinary proceedings. (Also see e.g. Bernd v. Eu (1979) 100 Cal.App.3d 511, 161 Cal.Rptr. 58; Rudolph v. Athletic Commission (1960) 177 Cal.App.2d 1, 22, 1 Cal.Rptr. 898; c.f. e.g. In re Lowenthal (1889) 78 Cal. 427, 428, 21 P. 7.) However, this case law is distinguished by two critical considerations. First, the analogies between the claims covered by the civil statutes of limitations and those at issue in the administrative actions were weak. Second, in none of these cases was there a delay by the public agency against whom laches was asserted. By contrast, the analogy between the kind of cases covered by Government Code section 19635 and Brown's case provides a precise parallel and it is the agency which has delayed. That leads us to consider the effect of the unreasonable delay. Statutes of limitation and the doctrine of laches share a common policy. \u201c \u2018Statutes of limitation, like the equitable doctrine of laches, in their conclusive effects are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared.\u2019 \u201d (Wood v. Elling Corp. (1977) 20 Cal.3d 353, 362, 142 Cal.Rptr. 696, 572 P.2d 755, quoting from Telegraphers v. Ry. Express Agency (1944) 321 U.S. 342, 348, 64 S.Ct. 582, 586, 88 L.Ed. 788, 792.) The policies also encompass other forms of injury such as those resulting from a change of position during a delay statute of limitations effectuates these policies by a fixed rule which, absent tolling, bars the proceeding without proof of prejudice. Laches, on the other hand, requires proof of a delay which results in prejudice or change of position. 2/27/25, 7:55 v (1985) | FindLaw 6/16 However, as applied to laches the \u201ceffect of the violation of [the analogous] statute is to shift the burden to the plaintiff to prove that his delay was excusable and that the defendant was not prejudiced thereby.\u201d (Curbelo, supra, 194 Cal.App.2d at p. 310, 14 Cal.Rptr. 913; see also Ponce, supra, 126 Cal.App.3d at p. 830, 179 Cal.Rptr. 164.) That gives effect to the policies of the statute in the context of laches while removing the rigidity of the statutes of limitation. Conti says that the burden of proof of prejudice ought not to be shifted, at least where the party asserting the defense of laches enjoys better access to the data respecting prejudice. (Conti, supra, 1 Cal.3d at p. 361, 82 Cal.Rptr. 337, 461 P.2d 617.) But Conti did not concern the borrowing of an analogous statute of limitations. Rather it operated within a context of a directly governing statute of limitation. In that context, the policy of the statute was effected solely as a statute of limitations. Here, no effect can be given to the policy of the borrowed statute unless it establishes a presumption which shifts the burden of proof. We turn to the issues of excuse and prejudice. \u201cIn order to excuse delay, [the responsible party] must show exceptional circumstances prevented earlier action.\u201d (Ponce, supra, 126 Cal.App.3d at p. 829, 179 Cal.Rptr. 164, citation omitted.) That might be shown, for example, where the public agency lacks knowledge of the grounds of action. That is not the case here. The only excuse advanced by is the reluctance of the witnesses to the 1975 events to lodge a formal complaint. This is unpersuasive. If an overt sexual advance to a student while acting as a professor is unprofessional conduct that is so regardless of the subjective response of the student. Whether the student welcomes the advance, declines the offer, or is deeply affronted, is extraneous. Unprofessional conduct may be a breach of the rights of the particular student or students affected. However, with respect to the dismissal of a professor for cause, the administrative cause of action is not founded upon a private right of a particular student. It is founded on the right and duty of to deter misconduct with punishment, just as a criminal offense is a matter between the state and the offender, independent of the wishes of the victim of the offense. The disposition of the victim may be of interest in the exercise of discretion to prosecute or not to prosecute. However, when the election is made to forego prosecution the unreasonable delay that attends that election is not excused merely because the authorities have deferred to the wishes of the victim. It is just as unfair to let an employee \u201ctwist slowly in the wind\u201d regardless of who the employer permits to hold the rope attempts to bolster its argument by noting it has a \u201cpractice\u201d to act only upon written complaint. That is not an excuse self-imposed constraint is no more a justification because it is delineated a practice than if it is discretionary. We note that when made up its mind to act it was able to persuade the formerly reluctant victims to participate. In sum, we find no cognizable excuse for the delay of four years in initiating the disciplinary action concerning the 1975 events. That leaves the issue of prejudice did attempt to meet this burden. The board said: \u201c[Brown] made no showing of injury as a result of the delay in the charges, nor could he do so. The only 2/27/25, 7:55 v (1985) | FindLaw 7/16 witnesses who testified about each of these incidents were the women involved and appellant. No one else could have testified, since appellant was alone with each woman at the time of the alleged harassment. None of their memories seemed to be dimmed by the passage of time. Thus, there was no injury, and the doctrine of laches does not apply.\u201d The board however did not go far enough. Assuming that we credit its determination of credibility, prejudice may also be established by detrimental reliance by the affected party upon the status quo. (See Vesper v. Forest Lawn Cem. Assn. (1937) 20 Cal.App.2d 157, 165\u2013166, 67 P.2d 368; see also e.g. Lux v. Haggin, supra, 69 Cal. at pp. 269\u2013270, 4 P. 919; Conti v. Board of Civil Service Commissioners, supra, 1 Cal.3d at p. 360, 82 Cal.Rptr. 337, 461 P.2d 617 relying upon Brown v. State Personnel Board (1941) 43 Cal.App.2d 70, 79, 110 P.2d 497; see also Zakaessian v. Zakaessian (1945) 70 Cal.App.2d 721, 726\u2013727, 161 P. 677.) The record shows such reliance. The tenure committees in 1976 advanced Brown to tenure in the face of the 1975 charges. The board found that the Ms. H. and Ms. N. incidents had been \u201cdiscussed by the faculty of the department at a meeting where [Brown's] promotion was being considered.\u201d That is a circumstance which we must assume, in the absence of contrary proof by CSUS, led Brown to devote his energies to his employment with and perforce to forgo other employment opportunities. Nothing in the record supports an inference that Brown was without alternative prospects. Professor Melnicoe testified that Brown was a good teacher whose evaluations compared favorable with other faculty members. The loss of four years at the outset of an academic career is a considerable change of position in reliance upon the status quo. That works a sufficient prejudice to transform the unreasonable delay in this case into the bar of laches. Accordingly, the disciplinary action may not be founded upon the 1975 events That leaves intact the finding of a single sexual advance made in 1979 without threats of academic retaliation and tenders the question whether it alone supports the disciplinary action. We will answer in the negative because it does not support the charges upon which the disciplinary action was taken and they cannot be amended at this late date. The notice of dismissal, the charging document filed by CSUS, alleged a linked set of events as the singular ground constituting the cause for discipline. It charged that \u201c[t]he events upon which the \u2024 causes [eg. unprofessional conduct] are based are a series and pattern of sexual harassment of female students by you, including harassment of: [Ms. N., H. and B. accompanied by threats or retaliation]. The finding of a single sexual advance to Ms. B., made without threat or retaliation, remaining after elimination of the 1975 charges from consideration, does not support that charge. Manifestly a single instance does not constitute a series or a pattern. Nor was the act accompanied by retaliation as charged. That bears upon the question whether the advance impinged upon Brown's professional duties. We again note that admits that it \u201cdoes not now, and never has had any rule, regulation, law or policy against faculty and students dating each other, or even living together or marrying one 2/27/25, 7:55 v (1985) | FindLaw 8/16 another.\u201d Accordingly, there is not substantial evidence to support the charge made. (See Code Civ.Proc., \u00a7 1094.5; cf. Wheeler v. State Bd. of Forestry (1983) 144 Cal.App.3d 522, 528, 192 Cal.Rptr. 693.) That conclusion compels Brown's reinstatement.3 The discipline of an employee of the California State University and Colleges must be predicated upon a \u201cstatement of causes [and ] the events or transactions upon which the causes are based\u2024\u201d (Ed.Code, \u00a7 89538.) The causes for discipline are set forth in Education Code section 89535 and include unprofessional conduct. The university initiates the disciplinary proceedings by giving a notice (the charging document) to the employee alleging the causes and events upon which discipline is based and takes the disciplinary \u201caction\u201d (Ed.Code, \u00a7\u00a7 89538, 89539). The action constitutes the university's judgment that the conduct, ie. the alleged \u201cevents or transactions,\u201d meets CSUS's criteria of the alleged cause of discipline, eg. unprofessional conduct, and that the respondent has engaged in it. Neither section 89539 nor any other provision of law 4 permits the amendment of the charging document after has taken its disciplinary action.5 Where, as here, the employee elects an appeal to the State Personnel Board, Education Code section 89539 governs both the grounds of appeal and (necessarily) the grounds upon which the board may act, here \u201cthat the employee did not do the acts or omissions alleged as the events or transactions upon which the causes are based\u2024\u201d (Emphasis added.) This provision limits the board's authority to act (Ed.Code, \u00a7 89539) to the allegations of the charging document. Consequently, the board may not alter the charging document or take action upon a charge not made. The judgment is reversed. The trial court shall issue a peremptory writ of mandamus directing the reinstatement of Brown and according him any other relief to which he may be entitled as a result of said reinstatement 1. The board impliedly rejected the charge that the conduct was also immoral conduct. (Ed.Code, \u00a7 89535, subd. (a).) 2. Employees of the California State University and Colleges are exempt from the constitutionally mandated civil service system. (Cal. Const. art. VII, \u00a7 4, subd. (h).) They are state employees. (Slivkoff v. Board of Trustees (1977) 69 Cal.App.3d 394, 401, 137 Cal.Rptr. 920.) However, they do not come within Government Code section 19635 because it applies only to a \u201ccause for discipline based on any civil service law of this State\u2024\u201d The cause of discipline in this case stems from Education Code section 89535 which is not a civil service law. (See Gov.Code, \u00a7 18526.) That the Legislature has accorded the state universities some attributes of civil service protection, e.g. tenure and the right to a State Personnel Board hearing concerning disciplinary action, does not have the effect of conversion of their status to that of civil service employees. (Cal. State Employees Assn. v. Trustees of Cal. State 2/27/25, 7:55 v (1985) | FindLaw 9/16 Colleges (1965) 237 Cal.App.2d 530, 538\u2013539, 47 Cal.Rptr. 73.) Thus Government Code section 19635 cannot be applied directly as a limitation applicable to Brown's dismissal. 3. It might be argued that the appropriate disposition is to remand the case to the board for a reconsideration of the penalty in the light of the remaining finding. That is sometimes appropriate in cases in which there has been a failure to make a finding necessary to support the charge made. (See American Funeral Concepts v. Board of Funeral Directors & Embalmers (1982) 136 Cal.App.3d 303, 314, 186 Cal.Rptr. 196; Robinson v. State Personnel Bd. (1979) 97 Cal.App.3d 994, 1003\u20131004, 159 Cal.Rptr. 222.) However, nothing in these cases authorizes an amendment of the charging document or requires a respondent to defend against a charge not made. 4. It is noteworthy that the provisions which govern state civil service proceedings, although not applicable here, provide for amendment of the charging document only prior to the submission of the appeal for decision by the board. In such case, \u201c[i]f the amended \u2024 notice presents new causes or allegations the employee shall be afforded a reasonable opportunity to prepare his defense thereto\u2024\u201d (See Gov.Code, \u00a7 19575.5, emphasis added.) 5. In the absence of a procedure which permits a respondent to prepare for and contest an amended charge a serious constitutional problem arises. Due process requires that the respondent be given \u201cnotice \u2024 of the standards by which his conduct is to be measured\u201d (Wheeler v. Board of Forestry, supra, 144 Cal.App.3d at p. 527, 192 Cal.Rptr. 693) and \u201cfair notice of the reach of the [disciplinary] procedure.\u201d (In re Ruffalo (1968) 390 U.S. 544, 551, 88 S.Ct. 1222, 1226, 20 L.Ed.2d 117, 122.) That requires that the respondent be given adequate notice both of the claimed legal standard and the events which are alleged to contravene it and an opportunity to challenge them. Where the cause alleged has potential application to a broad range of conduct, such as unprofessional conduct, the events alleged to contravene the charge do more than allege what must be proved. They also provide criteria by which the charge is narrowed. (Compare Wheeler, supra, 144 Cal.App.3d at pp. 527\u2013528, 192 Cal.Rptr. 693.) Any significant amendment of the events alleged to constitute the cause alters not only what must be proved but may alter the criteria by which the cause is to be measured. Although Brown was put on notice that the events which constitute the remaining finding were in issue their significance as a singular ground of discipline was not charged or communicated to him. That might have entirely altered the cast of Brown's case. We note that the board expressed equivocation about the viability of the 1979 events as a sole ground of discipline. We imply no opinion on that subject. BLEASE, Associate Justice. PUGLIA, P.J., and CARR, J., concur. 2/27/25, 7:55 v (1985) | FindLaw 10/16 Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (1985) Docket No: Civ. 23481. Decided: April 16, 1985 2/27/25, 7:55 v (1985) | FindLaw 11/16 Court: Court of Appeal, Third District, California. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/27/25, 7:55 v (1985) | FindLaw 12/16 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/27/25, 7:55 v (1985) | FindLaw 13/16 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/27/25, 7:55 v (1985) | FindLaw 14/16 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/27/25, 7:55 v (1985) | FindLaw 15/16 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/27/25, 7:55 v (1985) | FindLaw 16/16"} |
8,232 | David Daniels | University of Michigan | [
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Who is David Daniels? Daniels, 52, is an internationally acclaimed opera star, described by in 2013 as \"one of the world's most celebrated countertenors.\" He received his masters degree from the University of Michigan, before making his professional debut in 1992. He married conductor Scott Walters in 2014. Credit Washtenaw County David Daniels was arrested in January, along with his husband, on charges of sexual assault in the second degree. Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 2/11 Daniels returned to of in 2015 as a professor in the School of Music, Theatre & Dance. The university placed him on leave in August 2018, after the accusations against him were made public. What is he accused of? Samuel Schultz claims that when he was a 23-year-old student at Rice University in Houston, Daniels and Walters drugged and raped him. In July 2018, Schultz contacted the University of Michigan police department's special victims unit, which passed his complaint to the Houston Police Department. The accusations became public in August. Two months later, a former student of Daniels named Andrew Lipian accused the singer of drugging and assaulting him in 2017, when Lipian was a 29-year-old graduate student at UM. According to NPR: On March 24, 2017, Lipian alleges, Daniels invited him over to his apartment to watch television, where he was served several drinks of bourbon. According to Lipian's account, when he tried to leave, saying he needed to return home to rest for a performance the following day, Daniels gave him what he said was a dose of Tylenol \"but was actually the sleep medication Ambien.\" Daniels then allegedly removed Lipian's clothing and groped his genitals and face short time later, Lipian alleges, Daniels told him he would likely would receive a full fellowship for the entirety of his master's program. Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 3/11 And in March 2018, an anonymous student said Daniels offered to pay him for sex over Grindr, a dating and hookup app largely used by gay, bisexual, trans, and queer people. According to MLive, Pittsfield police investigated the matter, but found no evidence of criminal wrongdoing. Daniels and Walters were arrested on Schultz's charges on January 29. They have repeatedly denied the allegations. How is the University of Michigan responding? The University of Michigan is not directly involved in the rape case against David Daniels, but did place him on administrative leave in August after Samuel Schultz's complaint was made public. However, the of was criticized this week when it was discovered Daniels is still on the university's payroll. According to the school's 2018 salary report, Daniels earns more than $181,000 per year. University spokeswoman Kim Broekhuizen told MLive, \u201cDaniels was placed on leave in the late summer, has no university duties and has been instructed not to come to campus or have any contact with students. The university will continue to examine his status of is involved in one lawsuit: Andrew Lipian sued Daniels and the university in October. Lipian claims the university had knowledge of Daniels\u2019 history of sexual harassment, and chose to ignore it. Daniels filed a counterclaim in December, criticizing Lipian for \u201cinvasion of privacy and intentional infliction of emotional distress.\u201d University attorneys filed a motion with the the U.S. District Court earlier this month seeking to delay depositions of five university employee witnesses, requesting that Lipian be required to give his deposition prior to defense witnesses, and asking the judge to issue sanctions against Lipian's attorney. Tags News University of Michigan campus sexual assault david daniels Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 4/11 Emma Winowiecki Emma is a communications specialist with the digital team at Michigan Radio. She works across all departments at Michigan Radio, with a hand in everything from digital marketing and fundraising to graphic design and website maintenance. She also produces the station's daily newsletter, The Michigan Radio Beat. See stories by Emma Winowiecki Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 5/11 Latest Stories tightens its belt in response to federal funding cuts Whitmer proposes permitting overhaul Law enforcement leaders want specialized response programs, new survey says Michigan distributes millions from marijuana tax revenue Whitmer works to win over opposition in her 7th State of the State Future cell phone use in schools may look different as lawmakers discuss device limitations Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 6/11 Related Content News revising sexual misconduct policy following court ruling October 25, 2018 The University of Michigan is revising its student sexual misconduct policy after the U.S. Sixth Circuit Court ruled that students accused of sexual\u2026 Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 7/11 News Here are some of the craziest things in the federal investigation Kate Wells, January 31, 2019 Just when you thought it couldn\u2019t get worse. On Wednesday, Michigan State University released a scathing investigation conducted by the U.S. Department of \u2022 3:51 Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 8/11 Stay Connected \u00a9 2025 Contact Us Work with Us Public Documents News alleged rape case going to trial, after long legal battle Kate Wells, February 14, 2019 Emma Dale was a freshman reporter, covering the student government beat at Central Michigan University in 2016, when she got wind of a story: the student\u2026 Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 9/11 Michigan Public Hourly News Contest Rules Privacy & Terms of Use Applications Stateside Michigan Public 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 10/11 2/27/25, 7:56 Here's what you need to know about David Daniels professor and opera singer accused of rape 11/11", "8232_102.pdf": "Best Music of 2024 All Songs Considered Tiny Desk Music Features Live Sessio Opera Singer David Daniels Fired By University Over Sexual Misconduct Allegations 27, 2020 \u00b7 12:14 Anastasia Tsioulcas Countertenor David Daniels, performing at New York's Carnegie Hall in 2013. Hiroyuki Ito/Getty Images 24 Hour Program Stream On Air Now 2/27/25, 7:56 David Daniels Fired By University Of Michigan Over Sexual Misconduct Allegations 1/14 Now-disgraced former opera star David Daniels has been fired from his position as a tenured professor at the University of Michigan [UM] following allegations of sexual misconduct. Daniels' firing was approved Thursday by the school's board of regents. He was deemed not eligible for severance pay. According to the university, Daniels is the first tenured faculty member to be dismissed since it adopted its current bylaws in 1959. Daniels, once one of the world's leading countertenors, separately faces a criminal charge of sexual assault in Texas alongside his husband, William \"Scott\" Walters. The chair of the university's board of regents, Ron Weiser, said as part of a statement: \"At the heart of every decision of the board is the safety and well-being of our students, and the integrity of the instruction to which our students are entitled. When the board sees this jeopardized by a tenured member of the faculty, we believe it is necessary to take the extreme action of dismissal.\" In a statement to Friday, Daniels' attorney Francyne Stacey said: \"The university's decision resulted from numerous due process and equal protection violations during the review proceedings. In addition to how the university considered the allegations themselves, those violations included treating an openly gay male faculty member differently from heterosexual faculty members, both male and female, who allegedly engaged in similar conduct. Mr. Daniels 2/27/25, 7:56 David Daniels Fired By University Of Michigan Over Sexual Misconduct Allegations 2/14 obviously is deeply disappointed in the university's action and is committed to fighting the unfairness it represents.\" Daniels was placed on paid administrative leave in August 2018 and ordered not to have any contact with students. In a series of documents which obtained in Aug. 2019 in a records request from the public university said it had found \"a pattern of behavior that is harassing, abusive and exploitative of University of Michigan students, specifically students in the School of Music, Theatre and Dance in which he is a faculty member.\" In those documents, the university described numerous alleged incidents committed by Daniels, including \"soliciting\" multiple students for sex in exchange for money (which is a potential criminal offense in Michigan); sending pornographic images and at least one pornographic video of himself to students; making open and graphic sexual comments to multiple students and at least one prospective student; commenting on his desire for sexual relationships with multiple students or trying to engage in sexual banter with them, including during lessons and in other academic and performance settings; and providing \"false information\" to the university's Office of Institutional Equity. Two men have made public allegations against Daniels. In Aug. 2018, a singer named Samuel Schultz alleged that he was drugged and raped by Daniels and Walters in Houston in 2010. Daniels and Walters currently face a felony charge in Texas related to Schultz' allegation. In Oct. 2018, a graduate student, Andrew Lipian, filed a civil suit against and Daniels, claiming that Daniels drugged and assaulted him in March 2017. 2/27/25, 7:56 David Daniels Fired By University Of Michigan Over Sexual Misconduct Allegations 3/14 Sign up for the Music newsletter The newest music recommendations, the latest Tiny Desk concerts and more. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. Email address Daniels was dismissed without prejudice as a defendant in that suit last February; Lipian's case against the university is currently proceeding through federal district court in the Eastern District of Michigan. Daniels and Walters have denied all allegations. On Thursday, Schultz told am thankful that the University of Michigan ultimately chose to protect its students from future harm. Although the truth is inconvenient for those who deny victims their voice, the result of the investigation speaks for itself.\" The University of Michigan became aware of Lipian's allegations in August 2018. By Aug. 22 of that year \u2014 the same day that Schultz made his allegations to and other media outlets had announced that Daniels had taken \"a leave of absence.\" Up until his firing, Daniels was paid by UM. In both 2019 and 2018, he received over $191,000 annually; in 2017, he received over $174,000 from the university. 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Univ. of Mich Apr 9, 2020 453 F. Supp. 3d 937 (E.D. Mich. 2020) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Case No. 18-13321 2020-04-09 Andrew LIPIAN, Plaintiff, v MICHIGAN, et al., Defendants. Elizabeth Ann Marzotto Taylor, Deborah L. Gordon, Deborah L. Gordon Assoc., Bloomfield Hills, MI, for Plaintiff. Jessica B. Pask, Gregory M. Krause, Brian M. Schwartz, Muhammad Misbah Shahid, Miller, Canfield, Paddock and Stone PLC, Detroit, MI, for Defendants. Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 1/39 Arthur J. Tarnow, Senior United States District Judge *946 946 Elizabeth Ann Marzotto Taylor, Deborah L. Gordon, Deborah L. Gordon Assoc., Bloomfield Hills, MI, for Plaintiff. Jessica B. Pask, Gregory M. Krause, Brian M. Schwartz, Muhammad Misbah Shahid, Miller, Canfield, Paddock and Stone PLC, Detroit, MI, for Defendants [178 [203 [247] Arthur J. Tarnow, Senior United States District Judge *947 Plaintiff, Andrew Lipian, is a former vocal student at the University of Michigan School of Music, Theatre and Dance (\"SMTD\"). Plaintiff alleges that a professor at SMTD, David Daniels, sexually harassed him throughout his training, and, in March 2017, sexually assaulted him. He argues that the University ignored repeated warnings that Daniels was sexually aggressive towards students, took complaints of sexual harassment and assault against male students less seriously than those against female students, and ultimately retaliated against him for filing suit. 947 Defendants have moved to dismiss the case under Rule 12(b)(6) and Rule 56 of the Federal Rules of Civil Procedure. Their motions will be granted as to Counts of the Third Amended Complaint but denied as to Count The Factual Background will cite to both the Third Amended Complaint (\"TAC\"), for purposes of the motion to dismiss, and the factual record, for purposes of the motion for summary judgment. 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 2/39 Lipian, Daniels, and the University of Michigan David Daniels and Andrew Lipian are both countertenor vocalists. They met in October of 2012, when Daniels taught a master class at University of Michigan (\"UM\") at which Lipian was a student. (Lipian Dep., July 2, 2019, pg. 43, PageId. 5863). Former defendant, David Daniels, age 52, was hired to teach at the University's (his alma mater) in fall of 2015 \u00b6 18; Dkt. 203-16; PageId. 6180). Daniels had been a professional opera singer and recording artist for two decades, but he had no teaching experience. He was promoted on the University's website for his operatic achievements. It noted, for instance, that Daniels was the first countertenor to give a solo recital in the main auditorium of Carnegie Hall \u00b6 21). He was also given an expedited path to tenure, and, in his offer of employment on April 9, 2015, he was informed that his tenure review would be conducted in 2017-2018. (Dkt. 203-16, PageId.6180). The Executive Committee of the \"enthusiastically recommend[ed]\" his faculty appointment, effective September 1, 2015, noting that he has sung at the best opera houses of the world and been deemed the \"most acclaimed countertenor of the day, perhaps the best ever,\" by the New York Times and \"today's gold standard among countertenors\" by the Chicago Tribune. (Dkt. 203-17, PageId.6183). 1 1 countertenor is the male equivalent of a mezzo-soprano. It encompasses a unique vocal range that traces its lineage back to the falsettos in seventeenth century sacred choirs. Lipian had graduated from Oberlin College in Ohio in May 2012 with a Bachelor of Arts in philosophy. (Deposition of Andrew Lipian, Dkt. 230-17; pg. 35-36, PageId.5862). Lipian attended the Oberlin Conservatory as a countertenor\u2014indeed the first countertenor ever admitted to the Oberlin conservatory\u2014but due to military and familial obligations, he opted not to finish his vocal major. (Id. ). He worked in the \"nonprofit theater industry\" between his Oberlin graduation and his 2015 University of Michigan matriculation. (Id. at 37; PageId.5863). *948 After their October 2012 master class, Daniels and Lipian stayed in touch. (Lipian 44; PageId. 5864). On January 29, 2015, Lipian wrote a message to Daniels congratulating him on his appointment to of and telling him that he would make a \"brilliant 948 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 3/39 professor.\" (Lipian 97; PageId. 5878). Lipian also promised that \"The minute you get to Ann Arbor will come bearing scotch.\" (Lipian 98; PageId. 5878). Lipian applied to SMTD, because it was close to his home in Ohio and also a very good music school. (Lipian 99-100; PageId. 5878). He also applied, because Daniels was \"regarded as the Luciano Pavarotti of countertenors\" and \"his presence in the University was a draw for young singers, because he is a very big name in the opera industry.\" (Lipian 55; PageId. 5867). Lipian was initially denied admittance to SMTD, because he had to first complete the undergraduate requirements for his vocal degree, which he began, but did not finish, at Oberlin of eventually determined that Lipian could enroll as an undergraduate for a year and then join the as a graduate student. (Lipian 100-101). During his audition, at which Daniels was present, Lipian stayed overnight with Daniels and his husband. (Lipian 50). On April 28, 2016, Lipian wrote to Daniels that he was eager to work with him, and they discussed registration for Daniels's voice lesson. (Dkt. 203-13; PageId.6039-6043). Addressing that many of text messages between him and Daniels could fairly be read as friendly or even sexual banter, Lipian has emphasized that he had no choice but to go along with Daniels's banter, lest his reputation be tarnished and his career sabotaged. He feared that because the world of classical vocalists was so small and personal, Daniels could easily retaliate against him by blackballing him. When asked, for instance, about his July 29, 2015 text message looking forward to more \"purple thong sessions\" with Daniels, Lipian explained that he had no choice but to play along with, and even escalate, Daniels's jokes didn't want to anger him by not responding in kind using the same terminology he would use. Even then recognize his power in the industry. So played along. (Lipian 95-96; PageId. 5877). Lipian joined the graduate program in fall of 2016, intending to become a professional countertenor \u00b6 17). In addition to attending Daniels's class, Plaintiff took private lessons with Daniels once per week \u00b6 24). Daniels held himself as a mentor and promised career assistance and professional connections \u00b6 28). 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 4/39 The Individual Defendants Plaintiff names 11 defendants in his Third Amended Complaint. The first is the University of Michigan \u00b6 3). The other ten are University employees and Plaintiff's allegations of their roles at of are as follows. Jeffrey Frumkin was the Associate Vice Provost of Faculty and Academic Affairs and Interim Senior Director of the Office of Institutional Equity \u00b6\u00b6 4, 70). Elizabeth Seney was an investigator \u00b6\u00b6 5, 65). Pamela Heatlie was the Title Director \u00b6\u00b6 6). Martha Pollack is alleged only to have been an individual employed by of from May 2013 through September 2017 \u00b6 9). Stephen West was the Chair of the Voice Department at \u00b6 10). Melody Racine, Aaron Dworkin, and Christopher Kendall were all deans or interim deans of the School of Music, Theater & Dance \u00b6\u00b6 7, 11, 13). Martin Philbert was the Provost of the University of Michigan \u00b6 8). Mark Schlissel is the President of the University of Michigan \u00b6 12). *949 Defendants\u2019 Knowledge of Daniels's Behavior 949 Plaintiff's Third Amended Complaint provides some detail regarding Daniels's reputation at of M. One faculty member told West before Daniels's hire, \"they're hiring David Daniels, and someone needs to be sure that he's not going to be engaging with young students.\" (\u00b6 35; Deposition of Matthew Thompson, Dkt. 230-23, pg. 64; PageId.8740). Though West reportedly asked whether he or Racine should speak to Daniels, Racine denied any knowledge of this exchange. (Deposition of Melody Racine, Dkt. 203-20, pg. 206). The also alleges that it was common knowledge at that Daniels was outwardly sexual and that many members of the voice department had concerns about Daniels being sexually forward at the \u00b6\u00b6 31-32). These allegations are partially borne out by the record. Eugene Rogers, ombudsperson and Director of Choirs, knew Daniels from when he and Daniels husband, Scott Walters, were both graduate school students at of M, in 2011. (Deposition of Eugene Rogers; Dkt. 230-21, pg. 5; PageId. 8530). Rogers testified that he was aware of rumors that Daniels was \"very outwardly sexual.\" (Rogers 16; PageId. 8532). Lipian testifies that the classical vocalist world was small, that Daniels was a well-known 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 5/39 philanderer, and that there is no way that the other professors, who were also in this world, did not know about his \"proclivities.\" (Lipian 137- 138; PageId. 5888). Dean of Melanie Racine testified don't recall anyone coming to me saying \u2013 he told me \"[Daniels] was sexually explicit.\" \" (Racine 172; PageId. 5973). Upon being asked how it could be that 20 students had firsthand knowledge of Daniels's sexually inappropriate communications, but nobody in the faculty or administration had knowledge of Daniels's sexual inappropriateness, Racine answered that in order for the faculty to know something was wrong, the students would have to tell them. (Racine 185-186; PageId. 5975). During the course of his time at SMTD, Lipian took studio lessons with Daniels, who was the only countertenor instructor. Racine described studio work as an hour lesson per week with an instructor and then a studio class where the students all meet, sing in front of each other, and critique each other's singing in front of the professor. (Racine 117, PageId. 5970). Students typically stay with the same voice instructor for the whole two-year program, but if they wish to change, the makes that available. (Racine 122, PageId. 5971). Daniels was the only countertenor instructor at of M. (Id. ). Lipian testified that he would have liked to branch out and maybe take tenor lessons with another instructor, but he was turned down, and he believes he was turned down, because the other professor did not want to anger Daniels. (Lipian 124). The Sexual Assault and Harassment Plaintiff pleads that on March 24, 2017, Daniels invited Plaintiff to his apartment to watch Ru Paul's Drag Race, a popular drag-queen reality show \u00b6 74). Daniels said that he was lonely and wanted to discuss Plaintiff's career. Plaintiff drank several glasses of bourbon and then announced that he needed help sleeping for a performance the next day. Daniels gave him Ambien (a sleep medication) but told him that it was Tylenol PM. \"Daniels then removed Plaintiff's clothes, forced himself upon Plaintiff and groped and touched his genitals and face \u00b6 75). Shortly thereafter, Daniels told Plaintiff that he would be receiving a full fellowship for his two-year graduate program \u00b6 76) 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 6/39 Lipian testified that Daniels invited Lipian over to discuss his career, but that Daniels just wanted to watch TV. (Lipian *950 141). He testified that Daniels and he were alone, listening to recordings of tenors and talking about music. Lipian testified that when it was getting late, he attempted to take his leave, but then Daniels gave him an Ambien that he said was a Tylenol to help him sleep. (Lipian 144-146; PageId. 5890). Next thing Lipian remembers, he was being dragged upstairs and sexually assaulted. (Id. ). Text messages from between Lipian and Daniels suggest the night in question may have been March 22, 2017, not March 24, 2017. (Dkt. 203-13, pg. 62-67; PageId.6101; 6096-6098). 950 The Third Amended Complaint alleges the following forms of sexual harassment from the beginning of his studies in 2016 until August 2018: Daniels's requests for pictures from Plaintiff of his genitalia, requests of video of Plaintiff masturbating, pictures of genitalia and sex toys, video of Daniels masturbating, and statements regarding other students\u2019 bodies, Daniels's preferences, and wishes that Plaintiff were gay \u00b6 77). Plaintiff never shared graphic photos or texts with Daniels, but only attempted to \"keep him at bay \u00b6 78). The record is replete with text messages and testimony evidencing Daniels's sexual pursuit of Lipian during the course of Lipian's studies. (See, e.g., Dkt. 203-13; PageId. 6053). There are also messages in which Lipian appears to invite further engagement from Daniels. When asked about messages that read love you\" or \"Thanks for spending some time with me. Night DD. Heart.\" (Lipian 183), Lipian responded with the following explanation: Look was trying to prevent him from retaliating against me. He already assaulted me did not want him to do more damage to my career by withholding opportunities had earned through my good conduct and my great grades, and that would damage my family economically, and he had already damaged me physically did not want to experience economic damage through career blackballing or any other methods of retaliation knew he was able to exercise.\" (Id. ). 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 7/39 Lipian gave several examples of times when he understood that Daniels had blackballed other students whom he disfavored. (Lipian 186-187). This is why, Lipian asserts, he wrote a glowing letter in support of Daniels's tenor review. (Lipian 188 of M's Response to Complaints about Daniels The Third Amended Complaint alleges that in March of 2018, an anonymous complaint was made to the Office of Institutional Equity (\"OIE\") that Daniels was propositioning students on Grindr (an dating app) and offering them money for sex \u00b6 64 investigator Elizabeth Seney interviewed Daniels, who denied the account, and took no further action \u00b6\u00b6 64-67). Seney described in her deposition receiving an anonymous complaint from a student alleging that he had been propositioned for sex on Grindr by Daniels. She said that she discussed the allegations with Pamela Heatlie, her supervisor, and that they decided to \"reach out to\" all of the first-year vocal performance students. (Deposition of Elizabeth Seney, Dkt. 203-8, pg. 190- 192; PageId.5996). Three students responded; of those three, interviews were arranged with two. Neither of the two expressed any concerns, and at that point Seney and Heatlie determined that they \"had been unable to gather any additional information to identify a possible complainant or learn of any other concerns or information related to the concerns at all.\" (Seney 192; PageId. 5996). On April 2, 2018, Seney sent an email to \"oie-investigators\" asking the following. *951 951 Is anyone familiar with an allegation of a faculty member making sexual advances towards a graduate student, or offering an undergraduate student financial compensation for sexual activity? Secondly, has anyone received any reports regarding faculty member David Daniels? (Dkt. 203-30; PageId. 6291). 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 8/39 She then set up a meeting with Daniels to explain their concerns and emphasize the university's sexual harassment policy. [I] also explained to him that the allegations were extremely concerning and, if true, would likely violate the university's policy. We talked about the sexual harassment policy. We also talked about the policy pertaining to relationships between faculty and students. (Seney 193 did not report the incident to law enforcement until July 16, 2018. (Dkt. 203-33; PageId.6295). Lipian testified that he saw how the Grindr complaint didn't result in any actual discipline, and \"had a good reason to infer, therefore, that they would take no reasonable action in my case.\" (Lipian 190). On April 8, 2018, Lipian told Professor Matthew Thompson, a faculty member and former student of SMTD, \"David [Daniels] gets inappropriate in lessons, and it can be harassing.\" (Lipian Dep. 130; PageId. 5886). When pressed for details, Lipian expressed his fear that he would be blackballed if word got back to Daniels, so he asked to speak in confidence and told him that Daniels made him feel \"uncomfortable.\" (Lipian 131). Thompson reportedly told Lipian that he was also sexually harassed while a student at of M, and that Dean Racine refused to help him. (Lipian 133). Thompson reportedly told Lipian, \"they don't care ... the whole school of music is like this.\" (Id. ). Thompson reportedly said, \"there is a very low probability that anyone will take it seriously.\" (Id. ). (Lipian 135; PageId. 5887). Thompson also testified that the importance of networking in the vocal performance industry makes reporting sexual harassment very difficult. (Thompson 89-91), On May 17, 2018, upon recommendation of the Dean of SMTD, Daniels was granted tenure by the of Board of Regents \u00b6 39; Dkt. 203-25; PageId. 6270). Among the student and faculty letters in support of his tenure was one from Lipian, dated September 6, 2017, praising Daniels for \"his respect and nurturing of students in diverse areas of their lives.\" (Dkt. 203-20; PageId.6210). On July 14, 2018, someone posted on the of Opera Facebook page, \"David Daniels is a serial rapist who drugs and rapes boys with his husband 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 9/39 \u00b6 91). On July 16, 2018, \"an unnamed person\" sent an email to the of Regents, the SMTD, and Executive Officers, accusing Daniels and his husband of raping a young singer in 2010 \u00b6 91; Dkt. 230-10). It further alleged that since then dozens of young men have been harassed by Daniels, including receiving pictures of his genitals. (Id. ). Daniels and Lipian discussed the allegations by text message the next day, with Daniels telling Lipian \"he knows better than post our names. Because we'll destroy him.\" (Dkt. 203-13; PageId. 6034). On July 18, 2018, the of Police Department interviewed Daniels regarding rape allegations by a student in Houston against Daniels and his husband \u00b6 94). Daniels and his husband were indicted by a Texas grand jury in Houston on July 25, 2018 for second degree criminal assault \u00b6 100). On August 18, 2018, Lipian and Daniels planned to meet up the following week. (Dkt. 203-13; PageId.6038). Its unclear if they did. On August 22, 2018, Lipian texted Daniels heard. My thoughts and love are with you and Scott right now.\" (Id. ). *952 He elaborated \"it's gonna be ok. We'll fight this sob,\" and then, \"With your permission. I'd like to take the lead and post a studio email in support of you and Scott.\" Daniels responded, \"No.\" (Id. ). 952 On August 22, 2018, Racine sent emails to students and faculty explaining the allegations against Daniels and urging any individuals \"with concerns about this matter\" to contact the OIE. (Dkt. 203-36; PageId.6303- 6304). On August 23, 2018, upon being told of Lipian's assault, Thompson reported the incident to the OIE. Plaintiff alleges that the did nothing until six days after this lawsuit was filed, at which point they asked him about his \"concerns regarding sexual misconduct by a faculty member \u00b6 166). On August 24, 2018, Racine emailed Daniels confirming that \"there should be no communication between you and your students at this time.\" (Dkt. 203-37; PageId.6306). Pamela Heatlie of M's Title Coordinator at the OIE, testified that when she received the reports of Daniels's conduct, there was a law enforcement hold in place. (Pamela Heatlie Dep. 200; PageId. 5946). Heatlie testified that she does not remember who specifically told her 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 10/39 to put the case on hold, but only remembers that there was a hold. (Heatlie 201; PageId. 5947). Detective Margie Pillsbury, an officer of the of Police Department, testified that she frequently asks to hold off on their investigation until law enforcement can complete their investigation, as \"once [OIE] put[s] a person who is being accused on notice, that person no longer wants to cooperate with law enforcement.\" (Deposition of Margie Pillsbury, Dkt. 203-5, pg. 27; PageId.5950). Indeed, Seney's July 16, 2018 email to Pillsbury ends with the sentence, \"As we discussed will wait to hear from you before taking any action with respect to the new allegations that have since been reported.\" (Dkt. 203-33; PageId.6295). On August 22, 2018, Seney wrote to Pillsbury asking about needing to hold on our process with respect to the allegations involving David Daniels.\" She finished her email, \"As always, we certainly don't want to interfere with any investigation, but just wanted to check in as to the status.\" (Dkt. 203-35; PageId.6302). Seney acknowledged that other agencies were involved, and Pillsbury responded that she would update Seney when the other agencies updated her. (Dkt. 203-35; PageId.6301). Pillsbury testified that she and Seney discussed contacting Lipian in order to determine where his crime occurred, so that she could refer him to the proper law enforcement agency. (Pillsbury 65; PageId. 5954). Pillsbury emailed with Lipian and Lipian's former attorney between August 28 and September 21, 2018. (Dkt. 203-13; PageId.6308-6320). She testified that she asked to \"hold off on this, because was under the impression from the report that was made and then from talking to Mr. Lipian by phone or email and his attorney that he was interested in filing a criminal report ... So clearly remember asking to not proceed with their investigation.\" (Pillsbury 166; PageId. 5958). Pillsbury then testified that she closed the matter around October 11 \"or thereabouts,\" when she realized that Lipian was not going to move forward with filing a police report. (Pillsbury 167). Seney sent Pillsbury an email on October 23, 2018 asking about the status of the investigation and if she could proceed with the investigation. Pillsbury told her to go ahead. (Dkt. 203-42). The Report and Investigation 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 11/39 Seney contacted Lipian on October 30, 2018, six days after this lawsuit was filed. (Dkt. 203-43). On November 13, Plaintiff's counsel emailed Seney and told her that *953 Lipian would not meet with her, but that Lipian will \"answer written questions.\" (Dkt. 203-46). Seney did send emails to Plaintiff and his counsel asking for his side of the story, but she did not send specific questions to Plaintiff. On January 31, 2019, Plaintiff's counsel sent Seney an email asking what text messages Daniels shared with and asking for a summary of OIE's interview with Daniels. She also asked, \"why have you not sent written questions as we previously offered?\" (Dkt. 223-21). 953 On March 26, 2019, the University completed their investigation into Daniels's sexual harassment of the student body at large and found that Daniels had engaged in multiple violations of the University's sexual harassment policies from 2016 to 2018. (Dkt. 230-2). The Report, UM- Daniels, found that over twenty individuals had first-hand knowledge of Daniels's sexual harassment. (Id. ). The second report, Lipian-Daniels, focused exclusively on Daniels's relationship with Lipian, and was issued on September 3, 2019. The report noted that the investigation began on October 24, 2018, after advised the that they could proceed. (Dkt. 230-3; PageId.7560). The Report concluded that Daniels violated the University's rule on Faculty- Student relationships 601.22. (Id. at 44-46). As to the University's Sexual Harassment policy 201.89, the Report concluded that there was not enough evidence to understand what occurred in March of 2017 and \"whether or not they mutually welcomed whatever conduct may have transpired.\" (Id. at 43). On March 26, 2020, the Board of Regents of the University of Michigan voted to terminate Daniels's tenure and dismiss him from the University. See Steve Marowski fires David Daniels, tenured opera professor accused of sexual misconduct (Mar. 26, 2020) arbor/2020/03/um-regents-vote-to-fire-david-daniels-tenured-opera- professor-accused-of-sexual-misconduct.html; Michael Levenson, Opera Star, Charged With Sexual Assault, Is Fired by University of Michigan (Mar. 26, 2020) 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 12/39 singer-fired.html Plaintiff filed his original complaint on October 24, 2018. [Dkt. #1]. He filed his First Amended Complaint [6] on October 31, 2018. On December 6, 2018, the University filed its Motion to Dismiss [15] the Amended Complaint. The Court denied Defendant's Motion to Stay Discovery pending the Motion to Dismiss [21] and held the motion to dismiss in abeyance pending preliminary discovery. (Dkt. # 83). Following a September 24, 2019 hearing, the Court granted Plaintiff's Motion to file a Third Amended Complaint (skipping the second amended complaint, which was flawed) and denied as moot Defendant's Motion to Dismiss. (Dkt. 152). Limited discovery was extended until November 4, 2019. (Id. ). Defendants filed a new Motion to Dismiss [178] on October 25, 2019 and a Motion for Summary Judgment [203] on December 13, 2019. Plaintiff moved to compel discovery [191] and to extend discovery into 2020, but the Court denied these motions. (Dkt. 201). The motions to dismiss and for summary judgment are now fully briefed, and a hearing was held on March 11, 2020. On March 13, 2020, the parties filed supplemental briefs [244, 245, 246] upon the Court's invitation, and Defendant subsequently moved to strike [247] the exhibits to Plaintiff's first supplemental brief Defendants bring both a motion to dismiss under Rule 12(b)(6) and a motion for summary judgment under Rule 56. *954 Defendants\u2019 motion to dismiss will be granted on counts where Plaintiff fails to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). On such a motion, the Court must \"construe the complaint in a light most favorable\" to Plaintiff and \"accept all of [its] factual allegations as true.\" Lambert v. Hartman , 517 F.3d 433, 439 (6th Cir. 2008). \"Although the factual allegations in a complaint need not be detailed, they \u2018must do more than create speculation or suspicion of a legally cognizable cause of action; they must show entitlement to relief.\u2019 \" Id. (quoting v. Bredesen , 500 F.3d 523, 527 (6th Cir. 2007) ). To survive such a motion, Plaintiff must plead factual content 954 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 13/39 that allows the Court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). \"[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged\u2014but it has not \u2018show[n]\u2019\u2014\u2018that the pleader is entitled to relief.\u2019 \" Iqbal , 556 U.S. at 679, 129 S.Ct. 1937 (quoting FED. R. CIV. P. 8(a) (2) ). When evaluating Defendants\u2019 motion for summary judgment, by contrast, the Court must consider the evidence on the record, drawing all inferences in Plaintiff's favor. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). \"The question on summary judgment is whether the moving party has demonstrated that the evidence available to the court establishes no genuine issue of material fact such that it is entitled to a judgment as a matter of law.\" Dobrowski v. Jay Dee Contractors, Inc. , 571 F.3d 551, 554 (6th Cir. 2009). The moving party has the burden of establishing that there are no genuine issues of material fact, which may be accomplished by demonstrating that the nonmoving party lacks evidence to support an essential element of its case. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986 genuine issue of material fact exists if \"the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The nonmoving party \"may not avoid a properly supported motion for summary judgment by simply arguing that it relies solely or in part upon credibility considerations ... [but instead] must present affirmative evidence.\" Fogerty v Group Holdings Corp., Inc. , 379 F.3d 348, 353 (6th Cir. 2004) (quoting Cox v. Ky. Dep't of Transp. , 53 F.3d 146, 150 (6th Cir. 1995 A. Legal Framework and Introductory Questions The University of Michigan is a department of the government of the State of Michigan and is thus protected by the Eleventh Amendment. Estate of Ritter v. University of Michigan , 851 F.2d 846, 851 (1988). The Eleventh Amendment is not an absolute bar, however. State actors can be sued where 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 14/39 Congress has abrogated Eleventh Amendment protections, such as it did for the damages remedy of Title IX. Gebser v. Lago Vista Independent School District , 524 U.S. 274, 284, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998) (citing Franklin v. Gwinnett County Public Schools , 503 U.S. 60, 68-73, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) ). Plaintiffs may also sue state employees in their official capacity seeking prospective equitable relief, under Ex Parte Young. Thiokol Corp v. Dep't of Treasury, State of Mich., Revenue Div. , 987 F.2d 376, 381 (6th Cir. 1993). Plaintiff has graduated and is no longer enrolled at of M. He therefore lacks standing to sue for injunctive *955 relief on against the individual defendants regarding University policy. The parties dispute whether he has standing to sue for the expungement of the non-public report, Lipian-Daniels. Plaintiff has argued that the Report is non-public only in form, as it accessible under the Freedom of Information Act, and at least one media outlet likely has the report already. 955 The fact that the report is already published, not to mention already publicly available, is fatal to Plaintiff's suit for injunctive relief under Ex Parte Young. Plaintiff seeks, in effect, retrospective injunctive relief\u2014that the University undo something that had already been completed. Ex Parte Young did not contemplate that such relief fell within an exception to the Eleventh Amendment. Green v. Mansour , 474 U.S. 64, 68, 106 S.Ct. 423, 88 L.Ed.2d 371 (1985) ; see also McGee v. Feneis , 2009 2928245 at *5 (D. Minn. Sept. 8, 2009) (holding that the expungement of a state prison violation is a retroactive form of injunctive relief, and does not fall under the Ex Parte Young exception). The Eleventh Amendment does not prevent federal courts from enjoining \"ongoing violations of federal law,\" but it does prevent federal courts from adjudicating past violations of federal law. Mansour , 474 U.S. at 71, 106 S.Ct. 423. The Court has no jurisdiction over Plaintiff's suit for injunctive relief against university officials in their official capacities. The individual defendants, as state employees, are also absolutely immune from suits seeking monetary damages brought against them in their official capacities. Hawthorne-Burdine v. Oakland Univ. , 158 F.Supp.3d 586, 598 (E.D. Mich. 2016). This is because state officials in their official capacities are not 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 15/39 \"persons\" under \u00a7 1983. Will v. Mich. Dep't of State Police , 491 U.S. 58, 67, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). That being said, Plaintiff can sue University officials in their individual capacity for damages under 42 U.S.C. \u00a7 1983, but two important qualifications apply. First, respondeat superior liability does not exist under \u00a7 1983, and \u00a7 1983 liability will attach to a supervisor only where is a \"direct causal link\" between the supervisor and the acts of subordinates giving rise to liability. Hays v. Jefferson County , 668 F.2d 869, 872 (1982). Defendants who were alleged only to have failed in their supervisory roles can be dismissed. This includes at least Mark Schlissel, University of Michigan President, and Martin Philbert, then University of Michigan Provost. Further, the Third Amended Complaint alleges no individual acts or omissions undertaken by Martha Pollack, Aaron Dworkin, and Christopher Kendall. Against Heatlie, the Third Amended Complaint only alleges that she never made an effort to learn whether or not Daniels had received sexual harassment training \u00b6\u00b6 51-52). Plaintiff has failed to state a claim against Defendants Schlissel, Philbert, Pollack, Dworkin, Kendall, and Heatlie, and they are all properly dismissed under Rule 12(b)(6). Plaintiff alleges that Frumkin admitted it was an \"open secret that Daniels was overtly sexual in the way that he talked to his students \u00b6 70). His deposition testimony makes clear that Frumkin \"became aware of that characterization\" only after reviewing witness statements. (Deposition of Jeffrey Frumkin, Dkt. 203-3, pg. 235, PageId.5933). Frumkin testified that he did not work on the Lipian-Daniels matter. Seney worked on this matter for the OIE, and when asked if he supervised Seney, Frumkin responded oversee the operations of the office.\" (Frumkin 77; PageId. 8030). Under a Rule 56 standard, Plaintiff demonstrates nothing more than respondeat superior liability *956 on behalf of Frumkin. Defendants\u2019 motion for summary judgment will be granted as to Frumkin. 956 Second, the remaining defendants sued in their individual capacity under \u00a7 1983\u2014Seney, Racine, and West\u2014are protected by the doctrine of qualified immunity. Qualified immunity insulates officials from suit under \u00a7 1983 for 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 16/39 damages arising out of the performance of their official duties if \"their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\" Harlow v. Fitzgerald , 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). It protects \"all but the plainly incompetent or those who knowingly violate the law.\" Malley v. Briggs , 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Defendants raised the defense of qualified immunity in both of their motions. Plaintiff in his response to Defendants\u2019 motion to dismiss argued that the qualified immunity analysis is premature at the Rule 12(b)(6) stage. (Dkt. 184, pg. 17, PageId. 5042). In Plaintiff's response to Defendants\u2019 motion for summary judgment, Plaintiff \"incorporated by reference\" the arguments made in his response to the motion to dismiss. (Dkt. 230, pg. 33, PageId. 7410). He also referenced \"specific facts elucidated in this brief and exhibits thereto.\" (Id. ). Nowhere in the briefs or the exhibits, however, are cases that purport to show any \"clearly established law\"\u2014 articulated beyond \"a high level of generality\"\u2014that any of the individual defendants violated. Mullenix v. Luna , \u2013\u2013\u2013 U.S. \u2013\u2013\u2013\u2013, 136 S. Ct. 305, 308, 193 L.Ed.2d 255 (2015). On many of the counts, because no reasonable jury could find that any individual defendant violated Plaintiff's constitutional rights, the Court will not even have to reach the question of whether the such rights were clearly established at the time of the alleged violation. B. Counts I, IV(a), V, VI(a), & VI: Counts arising from the University's Supervisory Failures 2 2 The Third Amended Complaint contains, perhaps inadvertently, two Count IV's and two Count VI's. For the purposes of this order, the Court will refer to the first Count as Count IV(a) and the second as Count IV(b). The same will be done with Count VI. Count I: Title Sexual Harassment, as against the University Section 901(a) of Title of the Education Amendments of 1972 provides \"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 17/39 assistance.\" The University receives Federal financial assistance, and so it can be liable under Title IX, if Plaintiff satisfies the following three elements. a) [He] was subjected to quid pro quo sexual harassment or a sexually hostile environment; b) [he] provided actual notice of the situation to an \"appropriate person,\" who was, at a minimum, an official of the Educational entity with authority to take corrective action and to end discrimination; and c) the institution's response to the harassment amounted to \"deliberate indifference.\" Klemencic v. Ohio State Univ. , 263 F.3d 504, 510 (6th Cir. 2001) (citing Gebser , 524 U.S. at 289-91, 118 S.Ct. 1989 ). Each of these three elements will be considered in turn. a) Sexually Hostile or Harassing Educational Environment Plaintiff's sworn testimony that Daniels sexually assaulted him and pressured him into sexualized situations and conversations is sufficient to create a material *957 dispute of fact as to whether he was subjected to quid pro sexual harassment and a sexually hostile environment. This testimony cannot be disqualified merely because Lipian denied ever being a victim of a sexual assault during unrelated medical appointments. (Dkt. 203-27; PageId.6274; Dkt. 203-28; PageId.6277). First, a reasonable jury might believe that an otherwise honest witness was reluctant to reveal his sexual assault before he was ready, even when queried by medical professionals. Second, even if a jury did not believe that Lipian was sexually assaulted, they still might believe that he was subjected to quid pro sexual harassment or a sexually hostile educational environment. 957 b) Actual Notice to an Appropriate Person Defendants argue that the injuries Plaintiff alleges\u2014the March 2017 sexual assault and subsequent harassment\u2014occurred well before anyone at the University, let alone an \"appropriate person\" within the meaning of Title IX, had \"actual notice\" that Plaintiff was at risk. They argue that actual notice was not established until Thompson reported Lipian's statements on August 23, 2018, after Lipian had left the University and Daniels had been arrested 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 18/39 and subject to a no-contact order by the University. Plaintiff argues that everyone at the School of Music, Theater & Dance knew from the time of Daniels's hire that he behaved in a sexually aggressive and predatory manner towards young male students. If Plaintiff never reported the March 2017 sexual assault, it was because he was taught to fear reprisals from Daniels and his allies at and in the vocalist world more broadly. \"Applying the actual notice standard under Davis is ultimately a matter of who knew what and when.\" Doe v. Hamilton Cty. Bd. of Educ. , 329 F. Supp. 3d 543, 564 (E.D. Tenn. 2018). The who, what, and when are all contested in this case. \u2022 The Who Plaintiff can only make out a Title suit if the person who received notice was an \"appropriate person.\" \"An \u2018appropriate person\u2019 under \u00a7 1682 is, at a minimum, an official of the recipient entity with authority to take corrective action to end the discrimination.\" Gebser , 524 U.S. at 290, 118 S.Ct. 1989. Institutions cannot be liable for imputed knowledge. Davis v. Monroe County Board of Education , 526 U.S. 629, 642, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). Nor are doctrines of constructive knowledge or respondeat superior available. Id. at 285, 118 S.Ct. 1989. Defendant argues that only an employee of the Office of Institutional Equity can qualify as an \"appropriate person.\" Plaintiff argues that the definition is broader, encompassing even the Director of Choirs, along with the Chair of the Vocal Department and the Dean of SMTD. Because educational institutions allocate authority in different ways, and because faculty hierarchies and disciplinary protocols are often unique and idiosyncratic, there can be no bright-line rule on who is or isn't an appropriate person to receive a Title report. See Plamp v. Mitchell Sch. Dist. No. 17-2 , 565 F.3d 450, 457 (8th Cir. 2009) ; see also Murrell v. Sch. Dist. No. 1, Denver, Colo. , 186 F.3d 1238, 1247 (10th Cir. 1999) (\"Because officials\u2019 roles vary among school districts, deciding who exercises substantial control for the purposes of Title liability is necessarily a fact-based inquiry.\"). High school principals will often be considered appropriate persons, even where they lack the unilateral power to hire or fire a teacher. Doe v. Sch. Bd. of 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 19/39 Broward Cty., Fla., 604 F.3d 1248, 1255 (11th Cir. 2010) (a principal was an appropriate person where he could \"initiate *958 corrective action\" or place \"other restrictions\" on an offending teacher, even where he did not have the authority to take final adverse employment actions); Plamp , 565 F.3d at 457 ; Murrell , 186 F.3d at 1247 (\"We find little room for doubt that the highest- ranking administrator at exercised substantial control of Mr. Doe and the school environment during school hours\"); Warren ex rel. Good v. Reading Sch. Dist. , 278 F.3d 163, 170 (3d Cir. 2002) (holding that principal was an appropriate person for Title notice); Doe v. Farmer , 2009 3768906 (M.D. Tenn. Nov. 9, 2009) (\"As long as the official possesses the ability and the duty to take meaningful steps toward stopping the abuse, the official's deliberate indifference should translate into school board liability under Title IX.\") (quoting Baynard v. Malone , 268 F.3d 228, 239 (4th Cir. 2001) (Michael, J., dissenting in part)). Applying this lesson to the University context, courts should not decline to find notice where a supervisor learns of his or her subordinate's misconduct, merely because that supervisor lacks the technical power to hire, fire, transfer, or formally discipline. 958 Faculty members who did not supervise Daniels, however, would not be Title \"appropriate persons\" simply by virtue of being mandatory reporters. As one district court explained, \"there is a difference between an employee designated to report a sexual harassment complaint and an employee designated to respond to such a claim.\" Kesterson v. Kent State Univ. , 345 F. Supp. 3d 855, 872 (N.D. Ohio 2018) (on appeal) (holding that a softball coach was not an \"appropriate person,\" because she did not have any authority over students not on the softball team). Courts have found that campus security officers were not appropriate persons for Title purposes, because a contrary holding \"would entail the sort of vicarious liability that the Supreme Court tried to avoid in Gebser .\" Ross v. Univ. of Tulsa , 859 F.3d 1280, 1291 (10th Cir. 2017). The Title inquiry focuses on those individuals who are appointed to monitor the conduct of others and can, \"as distinguished from reporting to others, remedy the wrongdoing themselves.\" Rosa H. v. San Elizario Indep. Sch. Dist., 106 F.3d 648, 660 (5th Cir. 1997). 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 20/39 Plaintiff concedes that Matthew Thompson was not an appropriate person to receive a Title report and trigger University liability. The Court further finds that Eugene Rogers also is not \"an appropriate person.\" Whatever his duties were as Director of Choirs, there is no suggestion that he had any sort of supervisory authority over Daniels, and his power to correct Daniels's behavior appears to have been limited to reporting his conduct up the chain of command. (Rogers 8). Stephen West, however, as the Chair of the Vocal Department, held direct supervisory authority over Daniels. Though West may not have had the authority to discipline Daniels, as the chair of the department in which Daniels taught, he had at least the authority to monitor Daniels's interactions with his students, instruct Daniels on proper student-faculty behavior and boundaries, and involve himself or others in Daniels's one-on- one vocal lessons. See Plamp , 565 F.3d at 458. Indeed, there is an indication that West himself thought that some intervention undertaken by Daniels's supervisors might be necessary. Thompson testified that before Daniels was hired, he apparently told West, \"[t]hey're hiring David Daniels, and someone needs to make sure he's not going to be, you know, engaging with young students.\" (Thompson 64; PageId. 8740). West then reportedly asked Thompson whose responsibility that should be, his or the Dean's? (Id. ). *959 Notice of Daniels's behavior to Steven West, in addition to notice to representatives, will therefore constitute \"actual notice\" under Title IX. 959 \u2022 The What The Sixth Circuit has not squarely answered the question of whether notice of harassment of other, non-plaintiff, students meets the the actual notice requirement of a plaintiff who did not provide notice. Defendants argue that rumors about Daniels's harassment of other students does not meet the actual notice standard. They rely on Henderson v. Walled Lake Consol. Sch., 469 F.3d 479 (6th Cir. 2006) to argue that notice regarding one student's harassment cannot translate to notice regarding widespread harassment. Id. at 490-91 (\"Indeed, even if the game-time flirting between [the coach] and [a student] ought to have triggered further inquiry by [the assistant principal], it can hardly support a reasonable finding that [the assistant principal] and other school officials should therefore have known that another team 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 21/39 member, [the plaintiff], was the victim of a hostile environment.\"). What Henderson dismissed, in dicta, as \"game-time flirting\" is very different from the acts of sexual aggression and attempted solicitation alleged against Daniels. District courts in this circuit have tended to find that past acts of harassment \"may provide a school notice if the conduct demonstrates a pattern of and propensity for sexual harassment, even if prior harassing was not directed towards the plaintiff specifically.\" Doe v. Hamilton County Board of Education , 329 F.Supp.3d 543, 565 (E.D. Tenn. 2018) ; see also Johnson v. Galen Health Institutes , Inc. , 267 F. Supp. 2d 679, 688 (W.D. Ky. 2003) (\"Consistent with the majority of other courts, the Court thus finds that the actual notice standard is met when an appropriate official has actual knowledge of a substantial risk of abuse to students based on prior complaints by other students.\"); see also Thorpe v. Breathitt County Bd. Of Educ. , 8 F.Supp.3d 932, 944-45 (E.D.K.Y. 2014) (finding actual notice when the parents of the plaintiff's classmates complained about a teacher's sexual harassment). Out-of-circuit courts have held that a group sexual assault of other students at a football camp allowed the plaintiff to establish actual notice, even where the coaches did not have any notice of his specific assault. Roe ex Rel. Callahan v. Gustine Unified School District , 678 F.Supp.2d 1008, 1030 (E.D. Cal. 2009) (\"Defendant's argument that the prior sexual assault and/or conduct must be \"plaintiff specific\" is unsupported by current case law\") (collecting cases). The Eleventh Circuit has also found that past sexual misconduct against other students is relevant to the actual notice analysis. Williams v. Board of Regents of University System of Georgia , 477 F.3d 1282, 1292 (11th Cir. 2007). The Tenth Circuit went further, and, interpreting Gebser , held that \"[b]y noting that actual knowledge of discrimination in the recipient's program is sufficient, the [Supreme] Court implicitly decided that harassment of persons other than the plaintiff may provide the school with the requisite notice to impose liability under Title IX.\" Escue v Coll. , 450 F.3d 1146, 1153 (10th Cir. 2006).3 3 Seventh Circuit panel recently ruled that repeated warnings of a teacher's flirtatious and sexual behavior did not provide actual knowledge. The 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 22/39 Seventh Circuit vacated the decision last October and is preparing to issue a ruling en banc. Doe No. 55 v. Madison Metropolitan School Dist. , 897 F.3d 819 (7th Cir. 2018) (vacated Oct. 11, 2018). The weight of the case law supports the conclusion that once on notice that a faculty member has sexually harassed *960 others, the school is on notice that he may harass more students. 960 That does not mean, however, that notice of a general sexual proclivity towards younger men, or a general lack of boundaries, can establish notice of a hostile educational environment. The Court is sympathetic to Defendants\u2019 argument that Title should not construed to require universities to find notice of sexual harassment where faculty are open and ostentatious with their sexuality. Taken in the light most favorable to Plaintiff, the evidence suggests that Daniels's behavior went beyond flamboyance, however. First, whatever his sources were, West appears to have had actual knowledge at the time of his hire that Daniels was inclined to pursue sexual encounters with his students, in violation of the of Standard Practice Guides (\"SPG\"). Thompson testified that both he and another faculty member commented at the meeting about Daniels's hire that \"[s]omeone's got to tell him to keep his hands off the students.\" (Thompson 64; PageId. 8740). West does not mention this meeting in his witness statement to the OIE, and he told the that he was primarily concerned with Daniels's drinking. (Dkt. 233-2; PageId.8808). There are therefore questions of material fact as to what West knew about Daniels at the time of his hire. Second, the appears to have had actual knowledge in March 2018 that Daniels may have been offering to pay students for sex, in violation of both the University's and the Michigan Penal Code. \u2022 The When The first instance of the University's notice\u2014demonstrated through Thompson's and West's conversation at the time of Daniels's hire\u2014predates the sexual assault and Plaintiff's entire tenure at SMTD, so the temporal requirement is easily met. The second instance\u2014the investigation into the anonymous Grindr complaint\u2014occurred in March of 2018. Plaintiff 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 23/39 alleges that he was harassed by Daniels throughout the course of their relationship. The Report Lipian-Daniels cites to telephonic communication between Lipian and Daniels as late as October 2018. (Dkt. 230-3, pg. 38-40). Lipian has testified that Daniels created a sexually hostile educational environment for him at (see, e.g., Lipian 117, 123), and Defendants have not produced evidence that his educational environment ceased to be sexually hostile before March 2018. Whether Daniels harassed Lipian after the Grindr report is therefore a material question of fact. Plaintiff has attached some of text messages from the spring and summer of 2018 as an exhibit to its Supplemental Brief [245], along with a \"chart\" of notice to of personnel. The Chart [245-1] is duplicative of information and arguments found in Plaintiff's responses to the motions to dismiss and for summary judgment. The text messages [245-2] reference a factually underdeveloped period of time\u2014Spring 2018\u2014which the Court can determine without referencing the text messages is best explored by a jury. There is therefore no need to adjudicate Defendants\u2019 Motion to Strike [247] those exhibits, as both exhibits can safely be disregarded. The next question becomes whether the University's response to the March 2018 anonymous Grindr complaint was adequate. If it were not, the Court must ask whether its inadequacy caused Plaintiff to be subject to further harassment. c) Deliberate Indifference The deliberate indifference standard set forth in Davis sets a high bar for plaintiffs to recover under Title IX. *961 Stiles ex rel. D.S. v. Grainger Cty., Tenn., 819 F.3d 834, 848 (6th Cir. 2016 University can only be deliberately indifferent once it has actual notice that students are threatened. After that point, the analysis shifts to the reasonableness of the University's response. \"If the school district takes timely measures to end a substantial risk of abuse, it is not deliberately indifferent [if] such measures are not clearly unreasonable.\" Williams ex rel. Hart v. Paint Valley Local Sch. Dist. , 400 F.3d 360, 364 (6th Cir. 2005) ; see also Davis Next Friend LaShonda D. v. Monroe County Bd. Of Educ. , 526 U.S. 629, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (holding the same, in the context of peer-to-peer harassment). 961 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 24/39 \"prompt and thorough response by school officials\" is reasonable. Soper v. Hoben , 195 F.3d 845, 854 (6th Cir. 1999) (declining to hold a school liable where following a rape complaint they immediately contacted the authorities, investigated the incidents, installed in windows in the doors of the classrooms, placed an aid in the plaintiff's classroom, offered plaintiff escorts, and created counseling sessions). By contrast, a school responds unreasonably where they use the same ineffective methods to no avail. Vance v. Spencer County Public School Dist. , 231 F.3d 253, 262 (6th Cir. 2000) (\"Where a school district has actual knowledge that its efforts to remediate are ineffective, and it continues to use those same methods to no avail, such district has failed to act reasonably in light of the known circumstances.\"). Reprimand letters and \"talking\" to harassers constitutes deliberate indifference where it does not stop the harassment. Id. That being said, Plaintiff has no right to his preferred remedy. Kollaritsch v. Michigan State Univ. Bd. of Trustees , 944 F.3d 613, 627 (6th Cir. 2019). Universities enjoy broad discretion to handle sexual harassment as they see fit, and courts must be a mindful that universities that respond too heavy- handedly to sexual harassment complaints can find themselves liable for violating the due process rights of the accused. Id. (citing Davis , 526 U.S. at 682, 119 S.Ct. 1661 (Kennedy, J., dissenting)). Even lengthy delays, for no good reason, will not violate Title if harassment did not continue, because of the delay in disciplinary measures. Karasek v. Regents of the Univ. of California , 948 F.3d 1150, 1166 (9th Cir. 2020) (holding that an undergraduate student did not have a cause of action where the university delayed disciplinary proceedings for over eight months); but see Williams v. Board of Regents of University System of Georgia , 477 F.3d 1282 (11th Cir. 2007) (a University did not act reasonably when it waited eleven months before taking corrective action, effectively forcing the plaintiff to withdraw); Doe v. East Haven Board of Education , 200 Fed.App'x 46 (2d Cir. 2006) (where a high school student was subjected to harassment after a rape and the school delayed remedial action for five weeks). \"An institution cannot avoid Title liability if some of its responses were adequate but others were clearly unreasonable.\" Foster v. Bd. of Regents of Univ. of Michigan, 952 F.3d 765, 791 (6th Cir. 2020). Though the University's response was reasonable after Daniels was indicted in July of 2018, the 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 25/39 evidence suggests that it may have mishandled earlier indications that Daniels was a danger to its students. Thompson testified that he had discussed Daniels's probable interest in students with West before Daniels was hired, and that West had responded to his concerns by asking who should talk to Daniels about these concerns. The record suggests that nobody took action to advise Daniels on appropriate standards for faculty- student relationships. Daniels was given *962 a copy of the Standard Policy Guide on sexual harassment and faculty-student relationships, but there is a fact question as to whether he was given any sort of sexual harassment training. (Deposition of Pamela Heatlie, Dkt. 230-16, pg. 56). It was unreasonable for the University to hire a notorious philanderer from a largely unregulated performance industry to a University position that would give him considerable power over younger students, without so much as warning him that abusing such power would have consequences. Daniels's hire to a tenure-track position should have been especially worrisome given the powerful structural incentives for students, and even faculty, to turn a blind eye towards sexual harassment. 962 4 4 Daniels received tenure on May 17, 2018, was placed on administrative leave three months later, and was stripped of his tenure on March 26, 2020. The OIE's response to the March 2018 anonymous allegations against Daniels were also unreasonable. Seney testified that after receive an anonymous report from a first-year student that Daniels had solicited sex for money via Grindr, she emailed all the first year students who she suspected might have been the complainant, and when none of them responded with concerns about Daniels, she decided not to pursue the case. (Seney 192; PageId. 5996). The lack of interest in her email query should not have been surprising, given that the complainant clearly wished to report anonymously. So, instead of pursuing investigation into Daniels's online or offline conduct, or reporting the conduct to local law enforcement, Seney met with Daniels and had a cordial conversation. (Id. ). It is not clear if she even asked him directly about the allegations. The OIE's remedial response appears to be limited to giving Daniels a warning, at best. The Sixth Circuit has held that directives to sexual harassers to cease their harassment, absent some actual enforcement efforts, constitutes deliberate indifference on the part of the University. Foster , 952 F.3d at 791\u201392. 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 26/39 The cannot reasonably provide mechanisms for anonymous reports and then refuse to pursue or credit anonymous leads when no complainant comes forward and identifies themselves. Nor can the reasonably expect students to publicly come forward given the University's problems with anonymity. Thompson testified that he was furious to find that after he relayed Lipian's complaint to the OIE, he soon found himself on a litigation hold group email with Daniels\u2014one of the tenured professors that would ultimately review his employment contract. (Thompson 33-35; PageId. 8733). Thomson testified that he feared retaliation by Daniels's well-connected industry friends for speaking out against Daniels. Since faculty members vote privately and give no reasons for their vote, there is very little one can do to prove retaliation. (Thompson 24; PageId. 8730). Lipian also testified that students feared reporting professors, because in a small cliquey program like the vocal department of SMTD, complainants may reasonably fear that their complaints would not remain anonymous for long. (Lipian 114-116, Dkt. 230- 17, pg. 31). Had the been more critical and conducted even a tenth of the investigation it conducted later that year, it would have likely uncovered evidence of Daniels's pervasive misconduct. Instead, the investigation was closed, or never opened, and Daniels continued in his old ways unencumbered. Taken in the light most favorable to Plaintiff, there is every indication that West had the actual power, if not the technical authority, to at least mitigate the effects of Daniels's behavior. There is a *963 material question of fact as to whether his or Racine's failure to correct Daniel's behavior was causally related to the harassment Lipian later suffered at Daniels's hands. There is also a material question of fact as to whether Daniels's harassment of Lipian after March 2018 continued because the failed to properly investigate the anonymous complaint against him. 963 Count & Count VI(b): 42 U.S.C. \u00a7 1983 \u2014Fourteenth Amendment Equal Protection & Fourteenth Amendment Substantive Due Process \u2014 Failure to Screen, Train, or Supervise against Defendants Frumkin, Seney, Heatlie, Racine, Dworkin, Kendall, West and Schlissel. 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 27/39 failure to train, screen or supervise is a mechanism for Plaintiff's to establish liability on the part of a municipal employer. Ellis ex rel. Pendergrass v. Cleveland Mun. Sch. Dist. , 455 F.3d 690, 700 (6th Cir. 2006) (citing City of Canton v. Harris, 489 U.S. 378, 387, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989) ). Plaintiff has cited to no case in which individuals were liable for failure to train under \u00a7 1983. Indeed, \"a supervisory official's failure to supervise, control or train the offending individual is not actionable.\" Shehee v. Luttrell , 199 F.3d 295, 300 (6th Cir. 1999). Supervising of superior officials will only be liable for their subordinate's actions if they \"either encouraged the specific incident of misconduct or in some other way directly participated in it.\" Hays v. Jefferson Cty., Ky., 668 F.2d 869, 874 (6th Cir. 1982). Plaintiff pleads no such conduct. Indeed, Plaintiff has not alleged any specific allegations against individual defendants. Faced with this argument in Defendants\u2019 motion to dismiss, Plaintiff responded that all of the named individuals \"abdicated their responsibilities to screen, train or supervise Daniels.\" (Dkt. 184, pg. 22, PageId. 5047). In support of this statement, Plaintiff cites to three sections of the Third Amended Complaint. The first is the part where all the individual defendants, and their titles, are introduced \u00b6\u00b6 4-13). The second is where Count is pled, which does not name a single defendant by name beneath the heading \u00b6\u00b6 213-224). The third portion cited was the pleading of Count VI(b), in which the same claims are repeated, but as a substantive due process claim, also without naming a single defendant beneath the heading \u00b6\u00b6 238-251). These pleadings, which allege that defendants have the \"ultimate responsibility\" to train and supervise Daniels, attempt to plead a corporate liability on the part of individual defendants. Plaintiff never pleads that any individual defendant was tasked with training, screening, or supervising Daniels. Collective failures of responsibility are not actionable under \u00a7 1983, which requires plaintiffs to plead that \"each Government-official defendant, through the official's own individual actions, has violated the Constitution.\" Iqbal , 556 U.S. at 676, 129 S.Ct. 1937. Plaintiff does not plead this, and so both Counts and will be dismissed under Rule 12(b)(6). 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 28/39 Count IV(a): 42 U.S.C. \u00a7 1983 : Fourteenth Amendment Equal Protection \u2014Gender, as against Frumkin, Seney, Heatlie, Racine, Dworkin, and Kendall This count alleges that the individual defendants, under color of law, deprived Plaintiff of his right to equal protection under the Fourteenth Amendment. Specifically, Plaintiff argues that as a male, he was a member of a protected class and was treated differently and less favorably than other similarly situated persons, without rational basis. He also alleges supervisory *964 liability on behalf of Daniels's supervisors for his sexual harassment against Lipian. 964 The charges of supervisory liability are legally infirm, because, as discussed above, supervisors can only be liable under \u00a7 1983 if they encouraged or participated in the illegal conduct. Hays, 668 F.2d at 874. Just as the individual defendants could not be liable under Counts and VI(b) for being negligent supervisors, they also can't be liable under this Count for failing to detect and stop sexual harassment. Plaintiff relies Bohen v. City of E. Chicago, Ind. , 799 F.2d 1180 (7th Cir. 1986) as an example of individual and municipal defendants being liable for sexual harassment. It is critical, however, that the individual defendants in that case were only liable because they were \"engaged in by supervisory personnel in the course of their supervisory duties.\" ( Id. at 1189 ). The Bohen court found that the City of East Chicago, not the supervisors, were liable for harassment caused due to a custom or policy of allowing harassment. Id. The supervisors were liable for harassing the plaintiff. Id. The City was liable by way of Monell. Because only the individual defendants are susceptible to suit under this count, and because the individual defendants are not alleged to have harassed Plaintiff, the supervisory liability portion of this count fails as a matter of law and can be dismissed under Rule 12(b)(6). The second half of Plaintiff's equal protection claim is that he was treated poorly by the because he was a male. \"In order to state a claim for an equal protection violation based upon gender discrimination, Plaintiff must demonstrate that he was treated differently\u2014under the same facts and circumstances\u2014than a member of the 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 29/39 opposite gender.\" Doe v. Ohio State Univ. , 239 F.Supp.3d 1048, 1082-83 (S.D. Ohio 2017) (citing Kuhn v. Washtenaw Cty. , 709 F.3d 612, 624 (6th Cir. 2013) ). It is an \"absolute requirement\" for Plaintiff to provide evidence \"that a similarly situated person outside [his] category\" was treated differently. Gardenhire v. Schubert , 205 F.3d 303, 318 (6th Cir. 2000). Plaintiff pled that the University's sexual harassment responses were geared towards protecting women, not protecting men \u00b6\u00b6 115-123). Aside from referencing the University's rhetorical focus on feminism as a basis for combating sexual harassment, Plaintiff does not provide any comparators, i.e., similarly situated women who were the victims of sexual assault and were treated better by the University. Such a claim, however, requires that Plaintiff provide evidence \u2018that a similarly situated person outside [his] category\u2019 was treated differently \u2018under the same set of operative facts.\u2019 Doe v. Ohio State Univ. , 239 F.Supp. 3d 1048, 1082-83 (S.D. Ohio 2017) (quoting Gardenhire , 205 F.3d at 319 ). The Third Amended Complaint contains several conclusory allegations that Plaintiff was treated worse than similarly situated females \u00b6\u00b6 112, 189, 204). Without some factual basis, however, those allegations are groundless. Plaintiff claims that it needs discovery on other sexual harassment complaints to support this claim (Dkt. 184, pg. 30; PageId. 5055), but the mere suspicion that female complainants were treated better will not be sufficient to open the doors of discovery on dozens of unrelated sexual harassment investigations. Iqbal , 556 U.S. at 677, 129 S.Ct. 1937 (requiring plaintiffs to prove \"sufficient factual matter\" to show that defendants undertook actions with discriminatory motives). Count IV(a) will be dismissed under Rule 12(b)(6). *965 Count VI(a): 42 U.S.C. \u00a7 1983 : Fourteenth Amendment Substantive Due Process \u2014 Deprivation of right to personal security and bodily integrity against Defendants Frumkin, Seney, Heatlie, Racine, Dworkin, Kendall, West and Schlissel 965 The right to bodily integrity, including the right to be free from sexual assault, is protected by the substantive Due Process Clause. Doe v. Claiborne Cty., Tenn. By & Through Claiborne Cty. Bd. of Educ. , 103 F.3d 495, 506-07 (6th 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 30/39 Cir. 1996 municipal school district can be liable for promulgating a \"deeply embedded policy\" that causes a student to be subject to sexual assault. Id. As with the previous counts, Plaintiff has cited to no cases where this cause of action was successfully deployed against the individual supervisor of an assailant. Indeed, Plaintiff pleads no allegations of individual conduct on behalf of specific defendants. He argues that the individual defendants maintained a custom that permitted his sexual assault. Maintaining a university custom, however, is, by definition, a collective action of could be liable for its customs and practices if it were a municipality, but it is not. It is a state agency protected by the Eleventh Amendment, and \u00a7 1983 holds individuals liable for individual action, not for participating in the maintenance of customs that might expose municipalities to liability. To hold otherwise would both impermissibly expand \u00a7 1983 and diminish the Eleventh Amendment. C. Counts II, III, IV(b), & VIII: Causes of Action arising from the Report Plaintiff alleges that the investigated his complaint in bad faith in order to slander his name and bolster the University's litigation defense. He pleads four counts arising from the report. None of them are meritorious. Count II: Title Disparate Treatment as against the University of Michigan Plaintiff argues that the University's investigation discriminated against him because he was a male student attacking a university disciplinary proceeding on grounds of gender bias can do so under Title under four theories: 1) erroneous enforcement, 2) selective enforcement 3) deliberate indifference 4) archaic assumptions. Doe v. Miami Univ. , 882 F.3d 579, 589 (6th Cir. 2018). Defendants notes that Plaintiff's pleadings seem to proceed under theories of erroneous or selective enforcement, and that this cause of action is typically reserved for students accused of misconduct challenging a disciplinary proceeding. Indeed, all the relevant cases cited by Plaintiff involve respondents who alleged that they were discriminated against in their disciplinary proceedings. See Doe v. Baum , 903 F.3d 575, 585 (6th Cir. 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 31/39 2018) ; Doe v. Cummins , 662 F.App'x 437, 449 (6th Cir. 2016) ; Doe v. Columbia Univ. , 831 F.3d 46, 49 (2d Cir. 2016) ; Doe. v. Ohio State Univ. , 239 F.Supp.3d 1048 ; 1083 (S.D. Ohio 2017). Plaintiff seems to be asking the Court to find a novel cause of action for complainants in school disciplinary proceedings to sue for gender discrimination. He fails to establish a genuine issue of material fact as to the basic elements of such a cause of action, however student challenging the results of a disciplinary proceeding must show more than that the proceeding was flawed or that the Plaintiff felt himself to be the victim of discrimination. Doe v. Cummins , 662 F.App'x at 449 ; Sahm v. Miami Univ. , 110 F.Supp.3d 774, 778 (S.D. Ohio 2015). Rather, Plaintiff must show that the \"University's actions \"were motivated by his gender *966 and that a similarly situated woman would not have been subjected to the same disciplinary proceedings.\" \" Doe v. Univ. of the South , 687 F.Supp.2d 744, 756 (E.D. Tenn. 2009). 966 Plaintiff has two grounds to demonstrate that female complainants are treated more deferentially than male complainants. The first is an anecdote told by Dean Racine in her deposition about a male professor who was swiftly sanctioned by the administration for telling inappropriate jokes. (Racine 132-136; PageId. 8462-8463). Plaintiff argues that that professor was sanctioned because he was telling jokes that offended women, while Daniels went scot-free for telling jokes that may have sexually harassed men. The critical difference between the two cases, however, is that in the case of the female faculty members who heard the heterosexual professor's jokes, they reported the incident up the chain of command, whereas in the case of Daniels, there is no evidence that anyone reported his inappropriate comments until the summer of 2018, at which point he was swiftly disciplined. The second is a close reading of the Report\u2014Plaintiff labels this supplemental brief as Exhibit K\u2014analyzing how assessed the credibility of witnesses in the report, compared to Lipian. That study labels a number of student witness in the report as \"non-litigants\" or \"non- litigants / females.\" (Dkt. 230-12). The study concludes that the took 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 32/39 these students at their word that they were harassed by Daniels, but they did not believe Lipian when he said that he was harassed. By concluding that believed even male witnesses over witnesses, Plaintiff's Exhibit undercuts his Title gender discrimination claim. Exhibit does not show males being treated worse than similarly situated females at all, because the majority of the witnesses that Plaintiff alleges were believed where Plaintiff was disbelieved were in fact males. Plaintiff cannot bolster his gender discrimination claim with the same evidence he uses to bolster his \"class of one\" claim, because proofs that the University believed other witnesses, men and women, but disbelieved Plaintiff, directly contradict allegations that the University believed women and not men. Plaintiff might have a suspicion that the Report might have read differently had he been a woman, but neither Exhibit nor the Racine anecdote provide any evidence to support this proposition. The Court will grant Defendants\u2019 Motion for Summary Judgment on Count of the Third Amended Complaint. Count III: Title Retaliation, against the University of Michigan \"Retaliation against a person because that person has complained of sex discrimination is another form of intentional sex discrimination encompassed by Title IX's private cause of action.\" Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005 Title Retaliation claim requires Plaintiff to show that 1) he engaged in protected activity 2) of which the University was aware 3) that he suffered an adverse school-related action, and 4) that there was a causal connection between the protected activity and the adverse action. Gordon v. Traverse City Area Public Schools , 686 Fed.App'x 315, 320 (6th Cir. 2017). If Plaintiff succeeds in meeting all four requirements, the burden shifts to Defendant to articulate some legitimate, non-discriminatory rationale for its action. Id. The burden then shifts back to Plaintiff to show that the rationale is pretextual. Id. Plaintiff's lawsuit is a protected activity of which the University was aware, but the Report did not constitute an adverse action and there was no causal *967 connection between the lawsuit and the report. 967 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 33/39 An action is adverse if it would dissuade a reasonable person in plaintiff's position from making or supporting a charge of discrimination. Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 71, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006). Plaintiff argues that the Report is an adverse action because it portrays Plaintiff as a liar. He argues that the clearly was not interested in his narrative of the facts, because they didn't even consider his deposition in preparing the Report. The Report confronts this discrepancy by reasoning that the deposition was useless as a source because of \"interruptions by attorneys\" and differences in scope, format, questions, and nature of questioning. (Dkt. 230-3, pg. 12, PageId.7567). This justification is absurd, for the writer of the Report would have to read the deposition in order to determine whether these problems render the whole deposition useless. The Report is obviously deficient for neglecting Lipian's 374 pages of sworn testimony. The Report is also shockingly mean-spirited. Though its conclusions are non-judgmental, the anonymous student statements used as sources appear to go out of their way to impugn Lipian's character. The Court is deeply troubled that the University's response to a sexual harassment complaint is to publish a document filled with innuendo and rumor regarding the complainant's sexuality, lifestyle, and personality. The has managed to demonstrate a callous disregard for both the privacy of its students and the integrity of its investigation. Whatever its flaws, however, the Report was not retaliatory. Even if a report alleging that a litigant is a liar would be sufficient to dissuade a reasonable person in a similar situation from filing or continuing the lawsuit, the Report cannot be adverse because it does little to contradict Lipian's own characterization of his relationship with Daniels in his deposition. Looking to the voluminous sexually inappropriate text messages, which \"more commonly\" were initiated by Daniels, the Report recognized that \"a student may refrain from objecting to a professor's inappropriate behavior, or may even engage, for fear of retaliation and/or academic/career harm.\" (Dkt. 230-3, pg. 46, PageId.7601.). The Report found, however, that this was not consistent \"with the degree to which [Lipian] engaged with [Daniels] in a sexualized and social manner.\" (Id. ). \"The general nature of the interactions, however, appears fairly mutual with 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 34/39 respect to sexualized banter.\" (Id. ). Lipian testified that he had to play along with Daniels by making his communication look as genuine and mutual as possible, lest he find himself blackballed. (Lipian 74, PageId. 8208). Plaintiff cannot expect that, absent some interview testimony of his own, the sexual banter he deployed to fool Daniels into thinking that he welcomed his behavior would not also fool an outside investigator into perhaps suspecting the same. The Report outlined that the sexual harassment policy employs a presumption that sexual advances are unwelcome when between students and professors, but concludes that in this case \"there is also substantial evidence that [Daniels] may have had sufficient reason in the context of the parties\u2019 frequent interactions, to understand his behavior to [Lipian] to be welcomed.\" (Dkt. 230-3, pg. 47, PageId. 7602). The Report's determination was that \"the evidence available to is insufficient\" to determine that Daniels knew or had reason to know that his conduct was unwelcome. It referenced a November 2016 sexualized joke Daniels made to Lipian, after which Daniels asked \"too much?:)?\" Lipian responded, \"Honey we've been getting this *968 shit drunk for six years, nothing is too much.\" (Id. at 48; PageId.7603). Even taken in the light most favorable to Plaintiff, the Report does not endorse the position, as Plaintiff claims, that Plaintiff welcomed Daniels's advances. Indeed, the report makes clear that its findings \"do[ ] not amount to a determination that [Lipian] subjectively welcomed the behavior.\" (Id. ). 968 Even had the Report qualified as an adverse action, Plaintiff has not provided an iota of evidence that the wrote the report because Lipian filed suit. Margie Pillsbury testified that she terminated the law enforcement hold on October 11, 2018 when it became obvious that Lipian was not interested in becoming a criminal complainant. (Pillsbury 167, PageId. 8366), That Pillsbury passed the baton to around the time that Lipian filed his lawsuit does not support a finding that began its investigation because Lipian filed suit. Nor does the fact that Lipian was the only student who alleged sexual harassment and who was made the subject of the report support a finding that Lipian was punished for filing a lawsuit. After all, Lipian was the only one to allege sexual assault against Daniels. His allegations against Daniels appear to be the most serious allegations confronted by the OIE. 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 35/39 Even if Plaintiff has managed to establish adverse action and causal relationship, he would still have to disprove Defendants\u2019 stated legitimate rationale. Defendants have advanced the position that The Office of Civil Rights (\"OCR\") of the Department of Education mandates investigations into allegations of sexual assault. OCR, September 22, 2017 on Campus Sexual Misconduct, available at Plaintiff has not met his burden to demonstrate that this rationale was pretextual. Count is properly dismissed under Rule 56, as there is no material dispute of fact as to the conclusions of the Report, or the motivations of the investigators. As discussed more fully on Count VIII, a contrary holding would recklessly tip the balance between the University's interest in maintaining its freedom of speech and students\u2019 interests in safeguarding their reputations and emotional stability. See Smock v. Bd. of Regents of Univ. of Michigan , 353 F. Supp. 3d 651, 659 (E.D. Mich. 2018). Universities would be unable to issue any discoverable report on allegations of sexual harassment, even a confidential one, without worrying that the report itself could expose it to Title liability. Count IV(b): Fourteenth Amendment Equal Protection\u2014Gender and \"Class of One\" Defendants Frumkin, Seney, Heatlie, Racine, Dworkin, Kendall, West and Schlissel Plaintiff also alleges that he was a \"class of one\" who was singled out for mistreatment. In order to plead out such a claim Plaintiff must \"allege[ ] that [he] has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.\" Ass'n of Cleveland Fire Fighters v. City of Cleveland, Ohio , 502 F.3d 545, 549 (6th Cir. 2007) (quoting Vill. of Willowbrook v. Olech , 528 U.S. 562, 564, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000) (holding that a property owner who was singled out and required to provide a 33-foot easement on their property pled an equal protection claim similarly situated property owners were required only to provide a 15-foot easement)). The class of one cause of action is available \"where an equal-protection claim is not based on the government's burdening of a fundamental right or targeting of a suspect 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 36/39 class.\" *969 Rondigo, L.L.C. v. Casco Twp., Mich., 330 F. App'x 511, 519 (6th Cir. 2009). 969 Plaintiff alleges that he was singled out as the only student who sued to receive his own Lipian-Daniels report, whereas the other witnesses who did not sue retained their anonymity and their credibility. Even if this were true, the individual defendants would be entitled to qualified immunity because none of the exceedingly rare \"class of one\" cases cited by the parties arise from the educational context. Plaintiff has cited to no case that does anything to put defendants on notice that issuing a report about events underlying a lawsuit brought by the complainant in an investigation could constitute a violation of the complainant's rights under the equal protection clause. Count VIII: 42 U.S.C. \u00a7 1983 First Amendment Retaliation, as against Defendants Frumkin, Seney, Heatlie, Racine, and Schlissel First Amendment retaliation claim requires Plaintiff to plead that 1) he engaged in a constitutionally protected activity; 2) he experienced an adverse action that caused him to suffer an injury that would likely chill a person of ordinary firmness from continuing the activity; and 3) the adverse action was motivated at least in part as a response to the exercise of his constitutional rights. Wurzelbacher v. Jones-Kelley , 675 F.3d 580, 583 (6th Cir. 2012). This cause of action fails because the Report was not an adverse action and was not retaliatory. Even if it were, qualified immunity bars recovery for alleged violations of constitutional rights that are not clearly established, and Plaintiff has produced no case law that would have put the individual defendants on notice that issuing a confidential University investigative report, whatever its conclusions and sources, could incur liability under \u00a7 1983. Further, Plaintiff attempts to turn the First Amendment on its head. The wrote a report based on its interpretations of the witness statements. To allow Plaintiff to proceed with a federal suit because he was offended by the report would give parties to university investigations what amounts to a federal libel remedy, with none of the standards and safeguards that prevent 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 37/39 state libel laws from running afoul of the First Amendment. Such a cause of action would chill University investigative reporters, who would be told that if their report cast a litigant in an unfavorable light, they may have to defend its conclusions in court David Daniels came to the University of Michigan with all the prestige of one of the greatest countertenors of the age. Whether decision-makers at the University knew of his alleged proclivities towards exploiting power- dynamics with his students is unknown. Equally unknown is the nature of his relationship with Andrew Lipian, his promising prot\u00e9g\u00e9 who arrived at of thrilled to be studying under Daniels and left feeling traumatized and betrayed. Plaintiff is entitled to a trial on Count I\u2014and Count only\u2014of his Third Amended Complaint. Taken in the light most favorable to Plaintiff, the evidence indicates that Daniels sexually harassed Lipian throughout the latter's tenure at SMTD. The evidence also makes a triable issue out of who at the University knew of Daniels's relationship with Lipian, and when. Finally, there are genuine questions of material facts as to the sufficiency of the University's responses to the notice provided jury's answer to these questions will determine the University's liability under Title for either maintaining a sexually *970 hostile educational environment or enabling quid pro quo sexual harassment. 970 Accordingly that Defendants\u2019 Motion to Dismiss [178] and Motion for Summary Judgment [203] are that Defendants\u2019 Motion to Strike [247] is . 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 38/39 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 7:56 Lipian v. Univ. of Mich., 453 F. Supp. 3d 937 | Casetext Search + Citator 39/39", "8232_104.pdf": "David Daniels has filed a lawsuit against school officials at the University of Michigan. The Associated Press reports that Daniels claims his rights were violated when he was fired by the University in 2020 over allegations of sexual misconduct. Daniels is seeking an unspecified financial award. According to the report, a university lawyer urged the judge to dismiss the lawsuit, arguing that the countertenor waited too long to go to court. According to the lawyer, Daniels and his lawyers \u201cintentionally sat on their hands\u201d and denied that the university violated Daniel\u2019s rights during the process that led to his firing. Daniel\u2019s lawyer argued that he shouldn\u2019t be penalized for waiting more than three years to file a lawsuit challenging his firing at the University of Michigan. His lawyer added that the criminal case in Texas presented \u201cexceptional circumstances 19, 2025 David Daniels Files Lawsuit Against University of Michigan By Francisco Salazar We use cookies to help us measure and improve this website. Learn more 2/27/25, 7:56 David Daniels Files Lawsuit Against University of Michigan - OperaWire OperaWire 1/4 U.S. District Judge Sean Cox said that Daniels could have filed a lawsuit earlier while the Texas case played out. In 2020 Daniels was fired from the University of Michigan after being accused of Sexual Harassment and an investigation found he had solicited at least three students and shared a sexually explicit video with one. Additionally, he was charged in Houston in 2019 for sexually assaulting an opera singer. As a result, he was fired from the San Francisco Opera and other contracts. Daniels and his husband Scott Walters eventually pleaded guilty in 2023 to sexual assault and were placed on probation. Daniels was also dropped from AGMA. The countertenor later revealed that he had gotten offers to restart his career in Europe. However, he has not performed publicly since then. Read Related Stories David Daniels & Husband Plead Guilty to Sexual Assault David Daniels Has Been Removed From San Francisco Opera\u2019s \u2018Orlando\u2019 Updated: Sex Offender David Daniels Suggests Professional Comeback in Europe Categories News We use cookies to help us measure and improve this website. Learn more 2/27/25, 7:56 David Daniels Files Lawsuit Against University of Michigan - OperaWire OperaWire 2/4 By Francisco Salazar SALAZAR, (Publisher) has worked as a journalist for over 10 years with such companies as Latin Post, and freelanced for Remezcla. He has also published for El Diario and La Opinion. He is a media producer and a classically trained cellist who has performed in the New York area. With OperaWire he has lectured at Bard College and been featured on Fred Plotkin, Jennifer Rowley and Angel Blue's programs. He holds a Masters in Media Management from the New School and a Bachelor's in Film Production and Italian studies from Hofstra University. Stories you may also like 27, 2025 New Orleans Opera Announces 2025-26 Season 27, 2025 Marigona Qerkezi Leads Teatro Petruzzelli\u2019s \u2018Manon Lescaut\u2019 Newsletter We use cookies to help us measure and improve this website. Learn more 2/27/25, 7:56 David Daniels Files Lawsuit Against University of Michigan - OperaWire OperaWire 3/4 Links Social Facebook Twitter Instagram Contact General Enquiries [email protected] Articles & Press [email protected] Opera is thriving. And OperaWire came about as a desire to take in as much of it and allow the passionate fan base access to everything this wondrous art form has to offer on a daily basis. \u00a9 Copyright 2025 OperaWire Site by Lenny's Studio Stay up to date with the latest Opera news, events and releases! Your E-mail Address Join Now We use cookies to help us measure and improve this website. Learn more 2/27/25, 7:56 David Daniels Files Lawsuit Against University of Michigan - OperaWire OperaWire 4/4", "8232_105.pdf": "Topics: March 26, 2020 dismisses David Daniels from faculty By Kim Broekhuizen Public Affairs Campus News, Regents David Daniels has been dismissed from his role as professor of voice in the University of Michigan\u2019s School of Music, Theatre & Dance, effective immediately. The dismissal was approved March 26 by the Board of Regents. Daniels was placed on an administrative leave in August 2018 and ordered not to have any contact with students following public allegations of sexual misconduct. \u201cWhen a tenured faculty member is accused of misconduct, it is a matter the Board of Regents takes very seriously,\u201d said Regent Ron Weiser, chair of the Board of Regents. \u201cThe institution of tenure is sacrosanct within any university. It is rare for the board to vote to dismiss a tenured faculty member from the university. This is the first time under the current Bylaw 5.09, enacted more than 60 years ago, that the board has been faced with voting to dismiss a tenured member of the faculty,\u201d Weiser said. \u201cBecause of the strength of the protections of tenure, we have strict bylaws dictating procedures that must be followed if the misconduct is sufficiently serious as to warrant the removal of tenure from the faculty member. \u201cAt the heart of every decision of the board is the safety and well-being of our students, and the integrity of the instruction to which our students are entitled. When the board sees this jeopardized by a tenured member of the faculty, we believe it is necessary to take the extreme action of dismissal,\u201d Weiser concluded. President Mark Schlissel made the recommendation for dismissal to the Board of Regents have determined that Professor Daniels\u2019 conduct is inconsistent with the character of tenure at the University of Michigan and therefore constitutes cause for dismissal under Bylaw 5.09-1,\u201d Share on: \ue61b \uf39e 2/27/25, 7:56 dismisses David Daniels from faculty | The University Record 1/3 takes proactive measures related to federal funding UM-Dearborn earns R2 research designation Rackham Graduate School hosting well-being symposium Use of greener anesthesia protects patients, environment Fulbright students, faculty scholars leading global impact REMINDER: Deadline is Feb. 28 for Staff Development Grants UM-Flint launching Master of Science in Applied Finance degree University, basketball coach May reach multi-year agreement Tags: Schlissel said in his recommendation. Schlissel and the regents were presented with the full record in the matter of the recommended dismissal for Daniels, which included reports from the two committees that heard the evidence in the matter, including live witness testimony and documents that were relevant to the matter. Prior to the regents\u2019 vote, three speakers spoke in Daniels\u2019 favor. They spoke over a public- comments call-in line because the regents conducted a virtual meeting due to ongoing COVID-19 prevention measures. Dismissal of tenured faculty is outlined in two Regents\u2019 Bylaws \u2014 5.09, which describes procedures in cases of dismissal, demotion or terminal appointment, and 5.10, which covers severance pay. The dismissal represents the first time in the history of the university that a tenured faculty member has been dismissed under the current Regents Bylaw 5.09, which was adopted in 1959. Schlissel recommended that Daniels not be eligible for severance pay under Regents Bylaw 5.10 and the board agreed. The bylaws were the subject of a recent faculty group report that recommended a more streamlined process. Those recommendations are now under consideration. Regents Bylaws, School of Music Theatre & Dance, sexual misconduct, tenure \uf360 \uf360 \uf360 \uf360 \uf360 \uf360 2/27/25, 7:56 dismisses David Daniels from faculty | The University Record 2/3 2/27/25, 7:56 dismisses David Daniels from faculty | The University Record 3/3", "8232_106.pdf": "(AP) \u2014 An acclaimed opera singer fired by the University of Michigan in 2020 over allegations of sexual misconduct is suing school officials, claiming his rights were violated during the process. David Daniels is seeking an unspecified financial award lawyer for the university on Thursday urged a judge to throw out the lawsuit, arguing that the countertenor waited too long to go to court. Daniels, 58, was hired as a voice professor in 2015 and granted tenure three years later in the School of Music, Theatre & Dance. He was fired in 2020 after an investigation found he had solicited at least three students and shared a sexually explicit video with one, officials said Fired opera singer sues University of Michigan, saying his rights were violated Opera singer David Daniels performs as Prospero during the final dress rehearsal of \u201cThe Enchanted Island,\u201d at the Metropolitan Opera in New York on Dec. 28, 2011 Photo/Mary Altaffer, File) Read More Updated 5:20 CST, January 16, 2025 Economic blackout Harsh flu season Live: Trump administration Gene Hackman found dead Trump tariffs 2/27/25, 7:56 Fired opera singer sues University of Michigan, saying his rights were violated News 1/6 Separately, Daniels and his husband were charged in Houston in 2019 graduate student at Rice University said the couple drugged and sexually assaulted him years earlier after they met at a Houston Grand Opera reception. Daniels and Scott Walters pleaded guilty in 2023 to sexual assault and were placed on probation. In federal court in Detroit, Daniels\u2019 attorney argued he shouldn\u2019t be penalized for waiting more than three years to file a lawsuit challenging his firing at the University of Michigan. Francyne Stacey said the criminal case in Texas presented \u201cexceptional circumstances Judge tosses opera singer's lawsuit against the University of Michigan over firing 2/27/25, 7:56 Fired opera singer sues University of Michigan, saying his rights were violated News 2/6 U.S. District Judge Sean Cox suggested Daniels could have filed a lawsuit then asked for a stay while the Texas case played out. Publishers, a library and others sue over Idaho's law restricting youth access to 'harmful' books Blake Lively is sued by Texas crisis specialist in latest 'It Ends With Us' lawsuit 2/27/25, 7:56 Fired opera singer sues University of Michigan, saying his rights were violated News 3/6 former student who made allegations against Daniels also is a defendant. Attorney Deborah Gordon urged the judge to throw out the lawsuit, saying the singer and his lawyers \u201cintentionally sat on their hands.\u201d \u201cMr. Daniels wants retribution and has decided to pick up the cudgel,\u201d Gordon said. The university denies that Daniels\u2019 rights were violated during the process that led to his firing, noting that he was represented by a lawyer. Cox did not issue a decision immediately. Daniels has performed at the Metropolitan Opera, the Lyric Opera of Chicago and the San Francisco Opera 2/27/25, 7:56 Fired opera singer sues University of Michigan, saying his rights were violated News 4/6 Texas child who was not vaccinated has died of measles, a first for the in a decade Trump administration says it\u2019s cutting 90% of foreign aid contracts Michelle Trachtenberg, \u2018Buffy the Vampire Slayer\u2019 and \u2018Harriet the Spy\u2019 star, dies at 39 workers clear their desks in Trump\u2019s final push to dismantle the agency The Trump administration sets the stage for large-scale federal worker layoffs in a new memo 1 2 3 4 5 2/27/25, 7:56 Fired opera singer sues University of Michigan, saying his rights were violated News 5/6 2/27/25, 7:56 Fired opera singer sues University of Michigan, saying his rights were violated News 6/6"} |
7,629 | Terry Speed | University of California – Berkeley | [
"7629_101.pdf",
"7629_102.pdf",
"7629_103.pdf",
"7629_104.pdf"
] | {"7629_101.pdf": "Bits of Reviews and commentary on computational biology by Lior Pachter Terry Speed: a \u201cmale feminist\u201d January 17, 2018 in sexual harassment | Tags: sexual harassment, Terence P. Speed, Terry Speed | by Lior Pachter On April 11th 2016 contacted the Office for Prevention of Harassment and Discrimination at Berkeley to report that Professor Terry Speed had sexually harassed a postdoctoral researcher in the Berkeley statistics department in the period 2000\u20132002. Two specific allegations were subsequently investigated: Allegation One: Respondent, a professor in the Statistics Department, sexually harassed Complainant One, a post-doctoral student in the same department, from 2000-2002 by making sexual advances toward her, asking her for dates, telling her he had a \u201ccrush\u201d on her, giving her hugs, and communicating with her, including by email, in an intimate or romantic manner, when such behavior was not welcome. Allegation Two: Respondent, a professor in the Statistics Department, created a hostile work environment for Complainant Two, an Assistant Professor in the Mathematics Department, in 2002, through Respondent\u2019s persistent discussions and emails regarding his romantic interest in Complainant One and by pressuring Complainant Two to persuade Complainant One to interact with Respondent. The investigation took 14 months to complete, and the result was a 47 page report along with 89 pages of supporting evidence based on interviews, hundreds of pages of emails that disclosed at the outset of the investigation, and letters and emails provided by Respondent. The report concludes as follows For the reasons stated above conclude that the preponderance of the evidence substantiates that Respondent violated the 1992 Sexual Harassment Policy in that he engaged in unwelcome conduct of a sexual nature that created a hostile environment for Complainant One and Complainant Two, and conditioned an academic or personnel decision on Complainant One\u2019s submission to his conduct. This report is being submitted to the Vice Provost for Faculty for review under the Faculty Code of Conduct. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 1/33 107 comments Comments feed for this article January 17, 2018 at 2:34 pm Jeffrey C. Long Thanks Lior remember hearing about these events from many people at the time. They had significant repercussions for years on Complainant 1, and permanent effects on her relationship. I\u2019m happy to learn that you had the courage to do the right thing have waited since June of last year to hear from the Vice Provost for Faculty at Berkeley what action the university will take in light of the findings, however despite multiple requests for information the university has yet to respond as to whether it will enact any sanctions on Respondent. My close-up encounter with sexual harassment was devastating never expected, when arrived in Berkeley in 1999, that Terry Speed, a senior professor in my field who admired and thought of as a mentor would end up as Respondent and myself as Complainant Two. However much more serious and significant than my ordeal were the devastating consequences his sexual harassment had on the life and well being of Complainant One. The sexual harassment that took place was not an isolated event. Despite repeated verbal and written requests by Complainant One that Speed stop, his sexual harassment continued unabated for months. The case was not reported at the time the sexual harassment happened because of the structure of Title IX. Complainant One knew that Speed would be informed if a complaint was made, and Complainant One was terrified of reprisal. Her fear was not hypothetical; after months of asking Speed to stop sexually harassing her, he communicated to her that, unless she was willing to reconcile with him as he wished, she could not count on his recommendation. Speed has been an advocate for women in academia in recent years. However no amount of advocacy on behalf of women can cancel out the physical and mental harm caused by prolonged sexual harassment. Speed\u2019s self- proclamation that he is a \u201cmale feminist\u201d rings hollow. Update on June 6, 2018: Terry Speed is no longer listed as Professor Emeritus at Berkeley. Update on June 22, 2018: This is the \u201cnotice of outcome received from Berkeley regarding the case: 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 2/33 January 17, 2018 at 3:47 pm Lior Pachter January 17, 2018 at 2:51 pm Tiberius Gracchus January 17, 2018 at 6:00 pm Audrey Fu January 17, 2018 at 7:04 pm El-ad David Amir January 17, 2018 at 9:17 pm Darya Filippova January 18, 2018 at 1:34 am Lior Pachter Reply Thanks Jeff. Reply Thank you for having the courage to speak up about this matter. As for action on this matter, hopefully faculty, staff and student bodies take note of this and pressure the university about their lack of action. Reply Thanks for this courageous and powerful piece, Lior. And thank you for taking action during and after the investigation sincerely hope that Complainant One is doing fine now, despite the long nightmare. Reply Thank you for sharing this story and for acting in the first place. Based on the tone of your post understand that you have jeopardized your career, which is a commendable move. Many other faculty members would have kept quiet. Given the seriousness of the allegations, did Complainant One had the option of approaching the police? If recall correctly, there is much criticism against the way academic institutions in the United States handle such claims am under the impression that more often than not, involving the police might have been a better course of action. Reply Thank you for sharing this story and for reporting the incident hope Complainant One still derives some good from this decision 15 years after the fact and hope it did not derail her career. Did anyone in the department with knowledge of the events stand up for her then? Reply There were some people who were supportive but by and large think it\u2019s fair to say that most people who knew, and there were many, did nothing. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 3/33 January 17, 2018 at 9:18 pm Connie Silver January 18, 2018 at 1:31 am Lior Pachter January 17, 2018 at 10:50 pm Robin January 18, 2018 at 2:15 am Olle H\u00e4ggstr\u00f6m January 18, 2018 at 6:19 am Rick Durrett January 18, 2018 at 7:09 am Lior Pachter January 18, 2018 at 11:07 am Nick January 21, 2018 at 1:11 pm Visitor why did you report this in 2016 when the harassment took place in 2002? Reply Complainant 1 investigated filing a formal complaint when the harassment happened, but decided against it for fear of retribution. That fear persisted for some time and the wounds were raw for a while after that. It\u2019s not an easy thing to file a harassment case. Reply Good for you. Especially then. Thank you. Reply My warmest support to you and to Complaintant One. Reply This happened 15 years ago. Why bring it up now.? Terry has been a wonderful for many postdocs. Reply First, it wasn\u2019t brought up now. The case was reported almost two years ago. If the question is why the harassment wasn\u2019t reported k years ago where k>2, the answer is because two years ago is when Complainant 1 and finally had the courage and ability to report it. If the question is why report someone who has been wonderful for many postdocs, the answer is that being wonderful to some postdocs doesn\u2019t give someone the right to sexually harass other postdocs. Reply Prof. Durrett hope you\u2019ll reconsider this response. Reply Rick Durrett said: \u201cThis happened 15 years ago. Why bring it up now?\u201d These words demonstrate the culture that allowed for the harassment to occur. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 4/33 January 22, 2018 at 8:21 am Lenny Teytelman Reply Dear Professor Durrett, Your comment is depressing and infuriating to many people. Here are some of the many reasons why it is so upsetting. 1. There are many reasons why most people never go public with their stories of sexual harassment. That is because there are many negative consequences for the victims when they do so. Please see this powerful thread from Professor Stemwedel explaining this: 2. The postdoc (Complainant One) may have needed time to pass before deciding to formally file the complaint with the university against Terry Speed. Why did she wait? Probably for the many reasons discussed by Professor Stemwedel above. If this is the case, Lior probably could not have gone ahead with the complaint earlier. 3. It took me over 20 years before decided to speak publicly about the sexual abuse that experienced. Again, countless reasons why it took so long. speaking-up.html 4. How do you know that Terry Speed is not continuing to do the same thing now? After all, we have plenty of examples with people like Geoff Marcy where the sexual predation is a pattern of behavior. How often do we see cascades where one person speaking up helps the other victims to do the same? For all you and know, Terry Speed could be sexually harassing one or more trainees today. 5. When you say, \u201cTerry has been a wonderful for many postdocs\u201d you are making a statement that the good Terry does makes up for and should excuse his predatory behavior. So you are suggesting by this that the devastating impact on the victim (or quite possibly impact on many more victims of Terry) is a reasonable price to pay for the good science and training that Terry performs. By that metric, Donald Trump can abuse as many women as he wants because he builds tall towers and Harvey Weinstein can rape right and left because he funds terrific films. Instead of being angry with Terry Speed, you are upset with Lior. This is exactly the type of response that forces most victims to remain silent. Kind regards, Lenny Reply 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 5/33 January 26, 2018 at 10:20 am Peter January 18, 2018 at 2:28 pm Ellen Simms, Prof Integrative Biology Berkeley January 18, 2018 at 6:56 pm Aka January 18, 2018 at 7:07 pm Lior Pachter January 19, 2018 at 7:48 am geocognition lot of comments and conclusions being made, where in reality no one knows, except Durrett, what Durrett meant too was curious why the wait of roughly 15 years, and only later did see that Pachter had explained it. Perhaps Durrett, like me, missed that (woke up early, before coffee etc), typed something in a thinking-out-loud manner, and never came back to the comment. The accusations are a lot to process too have only ever heard good things of Speed, from men and women, but of course that doesn\u2019t excuse harassment.) Reply Lior, thanks for posting this Berkeley has a terrible record of not responding quickly enough to these cases and of trying to hide them totally understand why Complainant 1 would wait to file a complaint didn\u2019t have the wisdom to do that (long story; not at Berkeley) and it had significant and ongoing impacts on my life and my career hope that both you and Complainant 1 get some satisfaction when this all finally plays out also think that Prof. Durrett should think carefully about his willingness to throw a postdoc under the bus. Reply Is that because you got a position at cal tech so that you don\u2019t care anymore and can report this? Reply This case and my move to Caltech did overlap in time, but the decision to report, taken together with Complainant 1, was not connected to the move. Also should note that was not in the statistics department at Berkeley, but worked with a number of different students and faculty there over the years, and continue to do so now. Reply Good on you posted this to my running list of documented cases in academia since you posted the findings \u2013 600th addition, as it happens. Also have learned that institutions often will not reveal the outcome of a case citing \u201cprivacy\u201d in \u201cpersonnel actions\u201d. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 6/33 January 19, 2018 at 7:40 pm Jenny Harrison, Professor of Mathematics Berkeley January 20, 2018 at 1:25 am Rahul Siddharthan January 21, 2018 at 8:24 am We Can All Do Better January 21, 2018 at 3:23 pm ethel January 22, 2018 at 3:12 pm We dpm fluke-that-case-of-sexual-harassment-is-not-an-isolated-incident/ Reply Thank you, Lior, for speaking out about this have had my own encounters with math faculty that were textbook examples of sexual misconduct. These incidents altered my career path and gave me needless burdens to shoulder. When later tried to protect my students from faculty predators, further retaliation ensued. It is time for all of this to stop. Reply It\u2019s never too late to speak out. Shame that Berkeley is sitting on the report despite all the negative publicity from other harassment cases. Reply From the evidence presented, this could easily be explained by an unrequited infatuation combined with sufficiently poor social skills (in academia of all places!) to not know to back off. Combine this with the rest of the faculty\u2019s lack of social intelligence to set straight Terry\u2019s inappropriate behavior at the time and now you\u2019ve got yourself a huge shitstorm where multiple lives have been utterly destroyed wasn\u2019t there, but suspect this could have been handled better. Reply Generally speaking think when someone is saying \u201cback off\u201d that is usually a fairly good indication that they aren\u2019t interested, especially if they are doing it multiple times. When someone is allegedly saying that they will give you a bad recommendation unless you do what they want, that is not due to poor social skills. Reply am sorry, but this sounds way too much like a geeked up version of \u201cboys will be boys professor has, among his responsibilities, nurturing and guiding trainees. If he does not have the ability 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 7/33 April 2, 2018 at 5:25 pm Mbean April 2, 2018 at 5:24 pm Mbean January 21, 2018 at 2:54 pm H.T. January 21, 2018 at 5:08 pm Torsten Seemann (@torstenseemann) January 22, 2018 at 10:38 am Anonymous to do this without knowing enough not to hit on post docs then he does not have the ability to do his job. In our mothers\u2019 generation bosses would chase their secretaries around the desk and women would told to put up with it because was just how men are. Sorry. No. It\u2019s not our job to put up with men acting like pigs and frankly don\u2019t care if his mom dropped him on his head or not. Reply Exactly right. This doesn\u2019t address the fact that when rebuffed, he threatened retaliation and refused to give complainant 1 a recommendation. He knew his behavior was wrong and unprofessional, and he punished her for not submitting to his advances. Obviously he was infatuated. How does that in any way make this not sexual harassment? Reply Where is this 47 page report? Reply Lior states \u201ccould not count on his recommendation.\u201d Not providing a recommendation is technically different to vindictively giving a bad recommendation. Reply Despite the fact that we would inescapably only know the skewed version of the issue after 16-18 years, as this is based on one side\u2019s data, the issue is very unpleasant and unacceptable appreciate that the then postdoc, and Prof Lior must have gone through difficult days. However, the attempts to surface this issue 16-18 years after the occasion is a case of rather bad handling at both Berkeley\u2019s part and the complaints\u2019 part. This should have been addressed long ago understand that the wounds were raw back then, surfacing this now would make the complaints feel better provided that this is concluded in their favor, and certainly the best part for the community would be that this case could set an example for other cases (as at Berkeley unfortunately physically involved cases are happening!), but attempting this after so many years would certainly destroy many lives don\u2019t refer only to the lives of Terry\u2019s family, friends and the colleagues. Think about the female trainees/mentees/students of him 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 8/33 January 22, 2018 at 11:05 am Lior Pachter August 17, 2018 at 10:16 pm Eff Zee January 23, 2018 at 5:28 pm Hope March 5, 2018 at 3:19 am Anonymous January 22, 2018 at 11:17 am A.N. between now and then or anyone associated with his name: all of them are going to be perceived (slightly for some, a lot for others) differently and lie under suspicion in terms of whether they were abused by him and/or conformed to his requests to work with him whether this is true or not. He must have many female trainees needless to say, as he is a very much senior now, and know that for many of them this is not the case. He is mentioned as a great advisor most of the time. Holding this that long and attempting to surfacing is after this many years is very much unfair to them. The bottom line is would have fullheartedly supported this attempt if it happened long time ago (but sufficiently enough time after the event to have the wounds healed to an extent). But now, with all due respect, this attempt is a little bit immature in my opinion as these aspects were overlooked or ignored and proceeded with intense emotions after this 16 year-old issue. Reply The report is not based on one side\u2019s data. The investigation obtained evidence from Terry Speed and talked to him in person, and found him to have violated the sexual harassment policy. Reply You do have an answer for every thing, sir, and you have a great reputation to legitimize your points of view: berkeley-coffeeshop-written-on-a-sheet-of-foolscap-crumpled-up-and- 7621cf3368ca kinda agree with you Anonymous, All this hurt me as well. Reply Exactly. Defending the victim and reporting harassment behaviour, especially in cases when the victim is in the subordinate position, is the way to go. However, not 16 years after. This could be viewed as another person aligning himself with nowadays social lynching and metoo attention whoring. Reply The respondent has made a statement (20/1/2018) 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 9/33 January 22, 2018 at 3:01 pm Carlos Sanchez March 23, 2018 at 11:35 pm Anna Tsykin Reply am saddened to learn of such misconduct by someone admire, but the response to this post does not sit right with me. The reason that Lior gives for publicly posting this are essentially that he (and presumably complainant 1) are dissatisfied with the response of Berkeley. As see it there are two reasons why he may be dissatisfied: 1. The university is either not taking the complaint as seriously as they should or worse, they are actively protecting Terry. 2. The findings and likely response to the complaint are not what Lior had hoped for, either because the version of events is more contested than Lior would have us believe or the university does not believe that a response as severe as Lior had hoped for is warranted. Either explanation is possible, but if the aim was to put more pressure on the university do not see why it was necessary to explicitly name Terry cannot see a good reason to publicly name and shame Terry if the aim is to correct a failing of a university at which he has not worked for several years. The decision to name Terry so prominently and explicitly, both here and on twitter, is more consistent with a (rather successful) attempt to start a campaign of public condemnation and renunciation of Terry as an alternative means of punishment do not know the details of what happened 15 years ago. But the details matter to me. What does \u201creconciled with him as he wished\u201d mean? Sleep with me or won\u2019t give you a reference? Or won\u2019t write a reference for someone who won\u2019t speak to me. Neither are OK, but there\u2019s a conspicuously large ambiguity in everything that has been posted would like to remind all the social media heroes rushing to condemnation that they do not know the truth of what happened either. Innocent until proven guilty still matters. To be clear am not saying that sexual harassment is acceptable or that the complaint should not be treated with anything but the utmost seriousness. However, it is also not acceptable to condemn someone for something about which your only information is an unspecific post from the aggrieved party. Reply Thank you for standing up against this character assassination. We need more people who have worked with Terry Speed to 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 10/33 January 22, 2018 at 3:04 pm Anonymous January 22, 2018 at 4:50 pm Lior Pachter stand up for him. This story has somehow gotten into Australian national press and find this treatment of a good man to be very wrong. Reply Thank you for your reply Dr. Patcher would like to note four things: 1) The party that was hurt is more likely to keep the data relevant to his/her claims of a 15 year-old case and carry the memories with him/her. Therefore, the data is doomed to be skewed (maybe less, maybe more) by default as a natural result of waiting for 15 years. 2) Above notes are excerpts from a 47 page-long report and full report is not disclosed. 3) The respondent has made a statement about the case: 4) The respondent\u2019s current institution made a statement about this case: In 15 years many things can change, including people. What am trying to say is that waiting for 15 years not only would make the consequences of this case less effective for you and the community, but also would have significantly hurt many random people, espacially his old and current female mentees would like to reiterate that am not defending Terry Speed, what want to do is showing a couple of points that suggest the handling of this case as a bad one as well as showing the potentially unconsidered but important aspects of the decision making process. Reply The blog post does not contain \u201cexcerpts from a 47 page report\u201d. It contains the complete input, and the complete output. I\u2019m sorry but don\u2019t understand the comment that this \u201churts random people, especially his old and current female mentees.\u201d How? Regarding the evidence, you are right that it is complicated to examine and assess evidence from 15 years ago. There was a substantial amount of email and letters disclosed both by myself and Terry Speed. The Title investigators examined it, being fully aware of the need to understand it in context, and to judge the credibility of the evidence and the witnesses. It took them 14 months to do that posted their conclusion. Their investigation is not ongoing, it was completed last June. Regarding waiting 15 years, this point has been raised in previous comments, and explained in the blog post why it took time to report think it\u2019s worth for you to consider that your own comment is posted as \u201cAnonymous\u201d, precisely because it\u2019s not easy to come forth with information that one thinks could be offensive to important and influential people in the field. However in order to report this case 15 years ago, neither nor complainant 1 could have been anonymous. Reply 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 11/33 January 22, 2018 at 5:48 pm Anonymous January 22, 2018 at 6:25 pm Ellen Simms, Prof Integrative Biology Berkeley January 24, 2018 at 3:04 pm Thanks again for your reply with clarifications Dr. Patcher. Regarding your question, \u201chow this would hurt random people, especially the female mentees of him\u201d; I\u2019d like to refer to my original post to give an answer understand that the wounds were raw back then\u2026\u2026.., but attempting this after so many years would certainly destroy many lives don\u2019t refer only to the lives of Terry\u2019s family, friends and the colleagues. Think about the female trainees/mentees/students of him between now and then or anyone associated with his name: all of them are going to be perceived (slightly for some, a lot for others) differently and lie under suspicion in terms of whether they were abused by him and/or conformed to his requests to work with him whether there is any abuse or not.\u201d. That\u2019s why bringing up this so many years after the event would hurt many female students/mentees of him, who have worked with him sometime within these last 18 years and who are totally unrelated to this issue. This is an important aspect which must be overlooked or ignored and that\u2019s why acting on a timely fashion would have been important. Anonymous, Have you ever experienced sexual harassment and then reported it at a time when there was not a particularly good nor well-publicized method for responding have and can verify that the outcome was not good for me, the reporter of harassment of another individual, even though the perpetrator even admitted to his actions. Do you realize that, by asking a complaint to have been made \u201cin a timely fashion,\u201d you are asking someone to have done something that could have been extremely damaging to her career at a time that she was especially vulnerable to retribution? You should ask yourself whether you would have been willing to do such a thing at that point in your career. The fact that you aren\u2019t even willing to identify yourself in this comments section suggests to me, at least, that you have a clear idea of the potential for repercussions and would not have been willing to take the steps that you are condemning the complainant for not having taken. People who have been harmed by someone have every right to seek justice. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 12/33 January 26, 2018 at 11:49 pm Anonymous January 22, 2018 at 5:17 pm Mary Kuhner If the fact that Dr. Speed is being held accountable for old actions harms people other than Dr. Speed, those people should take that up with Dr. Speed, not Dr. Patcher. Reply This is a response for Dr. Simms, (and Dr. Patcher); What suggest is regarding the female mentees/students of Terry Speed who have done significant amount of work within these last 18 years under his supervision. There will be many of them ditching their many years of work (if they haven\u2019t published already) to not to be related to such issues. The ones who completed a degree under his supervision or published some work with him would all need to add \u201cWell, he didn\u2019t sexually harnessed me\u2026etc.\u201d when they would be describing their scientific work to others don\u2019t mean reporting such an issue the following day by the way, but waiting for 15 years is a bit much and waiting that long significantly increases the number of female scientists who would be hurt by this (and also inescapably makes the evaluation of the case harder as the data will not be as unbiased as the earlier years do understand that good timing for one party with respect to their career might not be a good timing for the others, but this aspect is certainly not unimportant and think it was overlooked or ignored also realize that these allegations hasn\u2019t come to an end for the time being per later comments hope the outcome would be a relief for the Respondents, be good for the community and hurt as few as possible female scientists. This is a delicate balance, and all say is the best outcome would have been achieved if this was reported earlier. @Dr. Sims: whether have ever been sexually harrassed or not is irrelevant. The chances that this event affecting my career is very slim could be happy to disclose myself to Dr. Patcher when/if we run into each other one day. Dr. Speed was on my thesis committee in the late 1980\u2019s did not experience harassment myself but am none the less deeply grateful to those who have brought forward these complaints lot of evidence suggests that sexually abusive behavior is seldom a single event that\u2019s unrepeated; more usually it is a pattern that continues over time. Complaining now, even about events in the past, may help prevent other women suffering in this way totally disagree with the Anonymous poster above who says that disclosure harms former woman mentees do not see how it harms me to know the truth find it paternalistic to support that I\u2019d be better off not knowing. Reply 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 13/33 January 26, 2018 at 11:50 pm Anonymous January 22, 2018 at 6:19 pm Anonymous This is a response for Dr. Simms, (and Dr. Patcher); What suggest is regarding the female mentees/students of Terry Speed who have done significant amount of work within these last 18 years under his supervision. There will be many of them ditching their many years of work (if they haven\u2019t published already) to not to be related to such issues. The ones who completed a degree under his supervision or published some work with him would all need to add \u201cWell, he didn\u2019t sexually harnessed me\u2026etc.\u201d when they would be describing their scientific work to others don\u2019t mean reporting such an issue the following day by the way, but waiting for 15 years is a bit much and waiting that long significantly increases the number of female scientists who would be hurt by this (and also inescapably makes the evaluation of the case harder as the data will not be as unbiased as the earlier years do understand that good timing for one party with respect to their career might not be a good timing for the others, but this aspect is certainly not unimportant and think it was overlooked or ignored also realize that these allegations hasn\u2019t come to an end for the time being per later comments hope the outcome would be a relief for the Respondents, be good for the community and hurt as few as possible female scientists. This is a delicate balance, and all say is the best outcome would have been achieved if this was reported earlier. @Dr. Sims: whether have ever been sexually harrassed or not is irrelevant. The chances that this event affecting my career is very slim could be happy to disclose myself to Dr. Patcher when/if we run into each other one day. Reply As Terry\u2019s former female student, it was shocking to learn Lior\u2019s post. Shocking, because we always love and respect Terry joined Terry\u2019s lab after the incidence described in this post, so don\u2019t know the details. Terry is very famous for his contribution in Statistics and Genetics field. At the same time, Terry is also very well known as a wonderful advisor. He has been always very kind to his students and has been devoting his time to guide his students\u2019 research. I\u2019m taking harassment seriously, but feel the power of social media sometimes is terrifying. As pointed by some other reply above, this indeed hurts us. This post doesn\u2019t have much details on the investigation report. Does it reflect the full facts of the situation 15 years ago? People don\u2019t know Terry well might be misguided in some way. I\u2019m hoping the conclusion of the investigation will be reported properly soon as well so we can learn the full and unbiased facts. Reply 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 14/33 January 22, 2018 at 6:41 pm Lior Pachter January 22, 2018 at 8:40 pm Noon van der Silk January 23, 2018 at 12:42 am Alberta The conclusion of the investigation is reported in my blog post above. Reply Addressing the last two anoynomous comments understand where you\u2019re coming from and it\u2019s clear to me that this could have some impact on current and former students. Here\u2019s some reasons that think it\u2019s good that Lior posted this anyway: 1. Whether or not such students are affected think the potential people that have been harassed are also important to think about. Whether by Terry or not, or by anyone. And this kind of attitude of \u201cwhy now? it\u2019s too late\u201d and generally siding publically with the potential harasser is _actively harmful_ to _unrelated people_ and, of course, any _actual_ victims. 2. While it\u2019s true that any outcome will carry some stigma have two thoughts: \u2013 It\u2019s true. And we need to stop this from happening in the future; all the more reason to encourage places like Berkeley to promptly resolve such issues, _and_ to make it socially clear to our peers that this kind of behaviour is unacceptable and will be \u2013 In many ways think, Terry himself can partially solve this stigma problem by making _clear_ and _concrete_ statements about what happened, promptly, and demonstrating that he cares for the well-being for his students by taking such actions that make that clear: for example, since the time of this complaint reaching him, has he taken actions to make sure he\u2019s never seen to be harassing someone again? Perhaps by taking all meetings with students in groups, by not communicating via private emails, or even by _informing of the investigation_ and asking them for advice on how to be pro- active? To reiterate feel for Terry\u2019s former students and friends. Indeed, this is why we need to take any kind of harassment seriously, no matter how late it\u2019s resported, and push university administrators in an uncompromising way: these kinds of activities hurt more than just one person! Reply What is a \u201cpost-doctoral student post-doc is not a student. Was the complainant Terry\u2019s post-doc or employed by someone else? 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 15/33 January 23, 2018 at 8:38 am Harold Pimentel January 23, 2018 at 6:46 am El-ad David Amir January 23, 2018 at 7:30 am Lior Pachter January 23, 2018 at 9:00 am anonymous agree with Carlos, there are too many important details left out. Reply Many American universities label postdocs officially as \u201cstudents am currently st Stanford where my official title is Postdoctoral Student. Reply There seems to be a gap between two different groups that reply to this post think it might be beneficial to provide a tl;dr will do my best to be objective in this comment: 1) Dr. Pachter contacted the Office for Prevention of Harassment and Discriminationat Berkeley, which held an investigation. 2) The investigation has ended. The conclusion of the investigation is that \u201c\u2026 the preponderance of the evidence substantiates that Respondent violated the 1992 Sexual Harassment Policy in that he engaged in unwelcome conduct of a sexual nature \u2026\u201d (see full conclusion above). 3) As of the date of the post, the university has taken no action in light of that conclusion. If am reading Dr. Pachter\u2019s post correctly, the investigation is done. Issues of skewed data or \u201cwaiting for a decision\u201d are irrelevant, since the relevant Office in Berkeley finished their work and passed their conclusion to the Vice Provost for Faculty believe (and this is my interpretation, apologies if am mistaken) that Dr. Pachter has written this blog post to alert his readers that despite the committee concluding that Dr. Speed violated the Policy, no sanctions has been enacted by the Vice Provost for Faculty. Reply Exactly complete description of the process is available here Reply At which box in the flowchart (last page) we are now? 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 16/33 January 23, 2018 at 9:18 am Lior Pachter December 20, 2019 at 9:46 am anonymous December 23, 2019 at 12:29 am Lior Pachter January 23, 2018 at 9:35 am anonymous January 24, 2018 at 5:45 am Anonymous January 23, 2018 at 5:51 pm Daniel Falush Stage 1 completed with a finding of violation of Policy on Sexual Violence and Sexual Harassment (see my blog post). That took 14 months (note the document states \u201c60 business days for investigation\u201d). Beyond that, all have been told (repeatedly) for the past 6 months is \u201cthe matter is being attended to.\u201d whatever happen in Sethian\u2019s case? From Anonymous: There is a male professor for whom numerous rumors over many years point toward a sexual predator who allegedly preys on the undergraduates in an aggressive/violent manner. Hypothetically, let\u2019s say Professor \u201cBonaparte\u201d is a faculty member at a premier mathematics department at a top public university in northern California couple of years \u2026 Continue reading 12 Everyday Sexism in The chair was notified about the blogpost but have no idea whether he or others ever followed up on it. Thank you. So we don\u2019t even know if respondent replied yet, nor if Peer Review is engaged (stage 2). It is still possible that Vice Provost determination (stage 3) will result in no formal discipline. Reply Right\u2026 So you\u2019ve identified a way that this process could progress from the current status of a detailed investigation upholding the complaint, to nothing actually being done as a result by the University directorate. Feel good? Reply Perhaps the problem is that asking institutions to investigate this kind of thing internally is unrealistic, given that they 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 17/33 January 23, 2018 at 9:26 pm Steven January 24, 2018 at 1:58 pm Hope January 24, 2018 at 6:18 pm Mary Kuhner inevitably have (often hidden/unknown) conflicts of interest about the outcome. Lior is right that is the job of Berkeley to investigate this according to current policy/law, that they should follow their procedures and rules and right to be distrustful/frustrated about it. But being fair and being seen to be fair is\u2026 bordering on impossible for Berkeley in practice and this kind of paralysis seems nearly inevitable. It would be better to find a way to give the job to an external party. Reply This blog post and the replies to it show why is so difficult to report sexual harassment. Even though the audience is of scientists who ought to know better the fallacies and deceit abounds. Allow me to enumerate: \u2013 Oh, but it was such a long time ago, why bring it up now? \u2013 Oh, but am a female student of his and he never harassed ME! \u2013 Oh, but he is so wonderful to other students! \u2013 What is a \u201cpostdoc student\u201d anyway? Does such a thing even exist? \u2013 But this is just one side of the story! \u2013 But there is no conclusion yet! \u2013 The real problem is that this was not brought up sooner! That\u2019s the real crime. Dear reader, have you recognized one of your own contributions? Shame on you! You are part of the problem. It is that make it possible. Reply \u201cOh, but am a female student of his and he never harassed ME!\u201d Sadly that was not true to all female students/trainee, etc. Reply did post that am a female student whom he did not harass, but reject the characterization of that post as being a defense of Dr. Speed, since went on to say clearly that support the complainants and utterly reject the paternalistic idea that would have been better off if they had kept quiet. People kept invoking non-harassed students as somehow being victimized by the complaints wanted to make perfectly clear that as one of those people am victimized by the complaints. It is good for me, as for all women in science, when the truth is spoken. Cover-ups and silence do harm. Reply 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 18/33 January 24, 2018 at 7:28 pm Lior Pachter January 25, 2018 at 7:10 pm Lee January 25, 2018 at 7:52 pm Lior Pachter January 26, 2018 at 6:19 pm Steven Thanks for your posts Mary truly appreciate what you\u2019ve said, and also that you\u2019ve signed your name to the posts. Dear Steven, Your post shows why it is so difficult to have an intelligent discussion on controversial issues these days. People like you jump in and start to police what questions people can ask or not, and moralize that certain questions are \u201cshameful\u201d and make the questioner complicit in sexual harassment (\u201cIt is you that make it possible\u201d). An investigation and questions of the facts that lead to such a serious accusation, as made here, are important for justice. People like you are should be tasked with stirring up a mob, not in participating in intelligent discussions acknowledge that many people make excuses for the offenders, and their excuses are often the type of questions you include in your list. But, that does not mean that anyone asking these questions is making excuses for the offenders. Good day Reply I\u2019d like to clear up some confusion you and others appear to have with this post. You write that a serious accusation was made in this post. That is not the case. The serious accusation was made almost two years to the Title office at Berkeley. This post reports on the results of the investigation that followed the accusation. The investigation analyzed questions of fact carefully over an extended period of time and found Terry Speed to have violated Berkeley\u2019s sexual harassment policy. Mr Lee bemoans the lack of \u201cintelligence\u201d in the discussion yet fails to recognize that he fundamentally misrepresents everything in the blog post and in the many replies around it. As Prof. Pachter stated it many times, this is not an \u201caccusation\u201d, this is not \u201ca version\u201d of the events. Somehow that all escapes Mr. Lee and he sticks to his version of events where everything is still just a \u201che said\u201d \u201cshe said\u201d and we have to wait for the other side to admit to this. And that is the attitude that refer to when talk about enablers. Each commenter seems to have a just a tiny bit of issue with this or that. Now 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 19/33 January 24, 2018 at 6:15 am Doctor Yes January 24, 2018 at 9:30 am Lior Pachter individually each issue is minor and negligible, but all together it builds that wall that allows the harassment to occur. Consider this: when compelling evidence is presented in a case by a victim in what another case would you take the criminal\u2019s side even just a little bit? So why is this so different? Why is it that most people replying here try to poke holes in the claims and with that take the side of the abuser. As it happens also believe that most apologists here do not even understand and are unaware that they are apologists \u2013 are outraged by even the hint of that prospect \u2013 even though they actively do it. It is the current culture that trained them to think and respond the way they do. That is what makes this so difficult to deal with. When you initiate a social-media lynching isn\u2019t there an obligation to provide full information? Otherwise how can the mob make an informed decision on what extrajudicial punishment should be meted out? In the criminal justice system sentencing normally takes into account things like severity of crime, history, intent, victim impact, likelihood of re-offence and possible mitigating factors. From the limited information given, it\u2019s hard for the ethical vigilante to know how to judge any of these factors. I\u2019m left wondering if this is a hanging offence or would a few days in the stocks suffice? What might the offender have been thinking? How can this be reconciled with his stated beliefs and actions? This not only goes to establishing intent but to the implication of hypocrisy and, by extension, the severity of the punishment by reputational damage. Since Lior is smarter than am and has clearly given these issues more thought than have wonder why he has chosen not to provide more background and a more nuanced analysis. Reply Your comment implies that initiated a \u201csocial-media lynching\u201d. It would be fair to criticize me for that had just told (my side of) the story on twitter and invited \u201cthe mob\u201d to punish based on my remarks. That is not what did. To the contrary filed a formal complaint through the official Title university. In doing so deliberately left the mob out of the equation, and the investigation was able to be performed in a manner that afforded all parties the opportunity to present evidence and to describe their version of the events that transpired. However filing a formal complaint, as Complainant 1 and did, carries with it the burden that the respondent is informed of the identity of the complainants. While you have retained anonymity in making your comment on my blog, victims don\u2019t have that privilege. For this reason, many victims don\u2019t report the harassment or 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 20/33 January 24, 2018 at 2:01 pm Hope January 25, 2018 at 6:22 am Dr Yes abuse they have suffered. To mitigate the problem, universities provide assurances that cases will be handled expeditiously. In this specific case, not only does Berkeley advertise short timelines for investigation on its websites, there have been emails faculty have received promising that reported cases would be investigated in a timely fashion. On January 27, 2016 received an email from the dean promising to \u201cdeal with any harassment infractions speedily and effectively\u201d. That reassurance played a role in the decision to report this case. Not only have almost two years passed since the complaint was filed, it has been more than 6 months since the report was completed with a determination that the sexual harassment policy was violated. Not only has the university not meted out sanctions on the respondent, they have not even revealed publicly the result of the investigation. Yet this whole time Terry Speed has known exactly who the complainants are, a situation which can tell you has created enormous stress and anxiety for me have been going through this as a senior tenured faculty member literally can\u2019t imagine how a junior person could handle such a situation. With my blog post have publicly announced the result of the investigation did not publish excerpts, or the whole report, in order to protect the privacy not only of the victims, but also of Terry Speed don\u2019t believe that reading through sordid emails is necessary, when the findings of the investigation are made very clear and precise with a summary of what was investigated, and a clear conclusion agree that more detail would be informative, and provide many lessons about how prolonged harassment harms victims and can poison a research group. Perhaps the details will eventually emerge certainly hope so. For now am not ready to reveal them. The university does have all the information needed to determine appropriate sanction. As for reputational damage, sadly Terry Speed started damaging his own reputation the day he began sexually harassing his postdoc. Reply \u201ca situation which can tell you has created enormous stress and anxiety for me have been going through this as a senior tenured faculty member literally can\u2019t imagine how a junior person could handle such a situation.\u201d So true, Thank you filed a formal complaint through the official Title university. In doing so deliberately left the mob out of the equation\u201d 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 21/33 January 24, 2018 at 1:38 pm nicolasbray Initially you left the mob out \u2013 but subsequently, when the process stalled, you took matters into your own hands using social media and published the verdict absent contextual information that might normally be used to decide punishment. The predictable twitter pile-on followed. \u201cWhile you have retained anonymity in making your comment on my blog, victims don\u2019t have that privilege.\u201d You and the other victims are clearly very brave and to be applauded for being prepared to identify yourselves in order to obtain justice. By comparison am not being very brave \u2013 but then I\u2019m not fighting for justice am merely critiquing its application via social media did not publish excerpts, or the whole report, in order to protect the privacy not only of the victims, but also of Terry Speed accept the privacy argument as it applies to the crime in question but there\u2019s other relevant background that might have been presented to shed light on state of mind, intent, remorse, etc. Possibly you might say he had his chance in the investigation or that it\u2019s not your job. Maybe, but by choosing to go ahead and post without crucial details and to include the imputation of hypocrisy you maximise the damage caused \u2013 and not just to Terry wonder if there might have been other ways of persuading Terry to expedite the process which might have enabled privacy to have been respected even more. \u201cAs for reputational damage, sadly Terry Speed started damaging his own reputation the day he began sexually harassing his postdoc.\u201d This gets back to how to make the punishment fit the crime. Judges have sentencing guidelines. Tweeters not so much. Imagine that the end of the flowchart is reached and some sort of official punishment is announced. Should that punishment take into account \u201ctime already served\u201d due to online vilification? Perhaps you think it\u2019s a moot point because such a punishment will never happen. If so, how can you be sure that what you unleash will be just and do you think the unintended fallout to innocent parties is justified? Unlike many others, I\u2019m not claiming to know what the right thing to do is here \u2013 apart from anything else know little about the case or the likelihoods of the various outcomes in the complaints process accept that wrong has been done but the missing information and the unpredictable nature of the fatwa make me nervous. \u201cSince Lior is smarter than am and has clearly given these issues more thought than have wonder why he has chosen not to provide more background and a more nuanced analysis.\u201d 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 22/33 February 10, 2018 at 7:34 am James Bleat February 10, 2018 at 9:07 pm nicolasbray January 24, 2018 at 11:37 am Daniel Falush January 26, 2018 at 6:38 pm WhatWouldtheDalaiLamaSay January 29, 2018 at 2:56 pm Anonymous Since Lior is smarter than you, he realized that he provided perfectly adequate background and analysis. Reply Didn\u2019t take long for Lior\u2019s sycophant to come braying in. Would be wonderful for you to find an opinion of your own for a change. At first didn\u2019t think that much of this comment but \u201cJames Bleat\u201d really put it over the top. Good work. In general this is definitely not a fair thing to ask any complainant and feel totally free to ignore the following suggestion which however might suit this peculiar set of circumstances and make some progress towards the resolution you are asking for: Since Berkeley are not doing their job, maybe you can help them by, both here and directly to them, suggesting sanctions they should apply to Terry Speed. [You revealed the result of the investigation for them so there is a bit of logic to this!] Reply think that there is a big difference between a single case of infatuation where judgement invariably goes out of the window and an extended history of calculated predatory bahavior. The first is certainly unfortunate but ultimately forgivable. Let those without sin cast the first stone think that Terry\u2019s subsequent promotion of women in science means that he is longer the same person he was at that time. Reply Thank you Lior and Complainant One for your courage in sharing this. It is certainly possible that this alleged behavior was an isolated incident, and that Terry has done many good things for his students and for his field in the years since. And if so, I\u2019d point out that this incident does not make Terry an inherently \u201cbad\u201d person. Perhaps this incident was a regrettable mistake. But even then, mistakes must have some consequences, or else our society will continue to make the same mistakes. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 23/33 February 1, 2018 at 5:06 am July 9, 2020 at 1:15 pm Anonymous None of us know exactly what happened or what the intentions were, and therefore we should be wary of jumping to conclusions. But it is certainly within Lior\u2019s and Complainant 1\u2019s right (and in some sense even their responsibility) to share this information. It is true that some people may be harmed by this blog post. But worry that many more people will be harmed now and in the future if we continue to sweep these incidents under the rug for fear of damaging reputations. Reply The comments under this blog post are a master class in why utilitarianism is a useless ethical framework in all but the most toy cases. It ignores justice and preserves the status quo. Dr. Pachter and the post doc have no ethical obligation to decide whether the outcome of pursuing justice will harm or help more people. It is difficult to imagine any case where accusing a powerful person of wrongdoing does have lots of negative consequences for innocent people. This is one of the reason victims are silent. It is irrelevant because they still have the right to pursue justice, which is fundamental and beyond any outside utilitarian equations. Dr. Pachter does have an obligation to weigh whether the punishment incurred by the blog post will be proportional to what happened. Given the level of education of the readers of this blog am dismayed that there is so much utilitarianism in these comments. As we go forward with more complex problems in biology would hope that a better understanding of basic ethics would be part of more training programs. *Utilitarianism is where you are faced with an ethical dilemma you weigh the total good of your two choices (i.e. the railroad problem). Reply do not think this illustrates the useless of utilitarianism at all. In fact, ironically, your argument that utilitarianism preserves the status quo seems like precisely a utilitarian argument! That is, you\u2019re saying that the outcome of not pursuing justice is worse than that of staying silent. This is weighing the total good of one\u2019s choices, i.e. classic utilitarianism. It seems to me that the actual non-utilitarian perspective would be saying that justice should be pursued even if it worsened the status quo. In fact, as a utilitarian, that is precisely why believe that it is good for people to come forward: because the benefits of preventing someone from 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 24/33 February 2, 2018 at 7:19 am Anonymous February 3, 2018 at 10:46 pm Anonymous February 4, 2018 at 1:06 pm anonymous exploiting future students, and of providing a penalty to serve as a disincentive to others, far outweigh the harm to the perpetrator and their acquaintences (i.e. being more disliked, losing their jobs). However, a focus on justice, misapplied and dissociated from concerns of its utility, is dangerous focus on justice might say that one country should invade another to depose a brutal dictactor because they will never be punished otherwise, heedless of the real human consequences of the power vacuum and instability that will inevitably result focus on justice encourages the use of the death penalty for murder, without considering its pernicious effects on society or its racial bias. In other words, justice must be for everyone involved, not just for the perpetrator or victim of a crime\u2026 which in the end amounts to something that is very close to utilitarianism. Reply At one time, people who disagreed with each other addressed it directly. Most of the time, this worked. When this didn\u2019t work, people could escalate to managers. Often, this worked. Then, we have committees to investigate, for objectivity. This is especially useful when case 1 didn\u2019t work, again, and introduced objective principles. When this doesn\u2019t work, government resources or court are also available, again standard practices. Usually works. Now, we have release valves that involve social media and the press, for when objective committees or institutions don\u2019t work. Or when an individual feels that the review process didn\u2019t work. This mechanism is clearly recognized by a lack of objective principles and standards. Choosing this mechanism seems like very idiosyncratic, very unreproducible reasoning to me. Choosing social media is optimal for one person only, as objectivity and process are clearly toast in their eyes. Reply couldn\u2019t agree more. Reply must say that appreciate the courage of the Complaints. However am honestly having a hard time understanding why not waiting a bit more for the process to be completed before releasing this to social media? Complaints were filed 16 years after the event. Stage 1 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 25/33 February 4, 2018 at 2:03 pm Lior Pachter of he process was completed some months ago. It seems like the following stages of the process are in progress now according to the algorithm and the Respondent\u2019s statement in his webpage above. Maybe the wounds are still fresh because of this 18 year-old incidence and therefore, the Complaints are understandably seeking a fast outcome but wouldn\u2019t it worth to wait a bit more after waiting for so many years and exhaust the other ways to expedite the process? Releasing this to social media increases the number of people hurt by this and impairs the objectivity of the process. Reply There was a 14 month investigation by Title into two allegations. Terry Speed was found to have violated the sexual harassment policy. When received the report was told by the university, and quote, \u201cThere are no University rules that preclude you from discussing the case with anyone else\u201d. Shortly thereafter met someone who thought would benefit from knowing about this investigation and its findings. Yet remained silent, hoping the university would make an announcement in a timely manner. They didn\u2019t. I\u2019m sorry but six months is not a reasonable amount of time for an institution to review the facts of a case. That amount of time, coupled to a 14 month investigation is an eternity for victims. This whole time (2 years) Terry Speed has known about me and Complainant One reporting the case, about the allegations, the evidence, and during the past 6 months the findings. The asymmetry between the perpetrator and the victims is extremely harmful not just to the victims, but to everyone else who doesn\u2019t know the truth. We therefore decided to post the fact that there was an investigation, and what it determined pose to you the questions: how long do victims have to wait to speak up? What exactly do they have to do to be taken seriously? We did not just take to social media with sordid allegations. We presented concrete evidence to Title officers. This was not easy. We waited patiently for an investigation to proceed and for a determination to be made. This was not easy. We were not only traumatized when the harassment happened, but for many years thereafter. This was not easy. And yet you, anonymously, think we still did something wrong? Instead of praising our \u201ccourage\u201d, please display some yourself. Ask the perpetrator to explain why he didn\u2019t speak up when the findings were made available to him in June. Ask him why he didn\u2019t announce to the world then, on his website, what he had done. Ask him why he didn\u2019t come clean 15 years ago. And finally, ask him why he sexually harassed a postdoc, and why he conditioned an academic or personnel decision on the postdoc\u2019s submission to his conduct. Ask him whether he thought of all the people that would harm. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 26/33 February 4, 2018 at 4:31 pm anonymous June 7, 2018 at 6:11 am John Didion March 23, 2018 at 2:14 pm Visitor Reply The first paragraph of your comment answers my question. Thank you don\u2019t know the answers to the questions you posed in the following paragraph, mostly because the situation seems to be a very difficult/complicated one for everyone involved, and haven\u2019t known the details. But feel like the victims should speak up as soon as they can to start the legal process and seek for justice. But once the process has started, working towards expediting it collectively would be the best for everyone. Social media could be used to expedite the process guess, but it is a fact that it impairs the objectivity for an continuing process because it is a very powerful, amplifying and uncontrolled tool. I, anonymously, didn\u2019t say you did something wrong. In fact praised your courage. However anonymously and naively wondered, why not waiting a bit more after waiting so many years before releasing this to social media\u2026 or whether all options to expedite the process have been exhausted suggested this based on the algorithm you posted above. Time frames for the stages to be completed is clearly outlined there. In addition to that, Respondent also indicates that the process is not completed, and that he would be working on providing his representation of the events of that time in his statement ( Please don\u2019t think don\u2019t empathize the difficulty of the situation for the Complaints certainly do. And also please don\u2019t think wouldn\u2019t ask some questions you encourage me asking in your last paragraph already asked some, which could have been asked at this point), provided that have enough understanding of the process (and maybe the events but it is very difficult to have that picture), and that the process is completed, I\u2019d certainly ask other ones which would be appropriate to ask at that time. The link to Terry\u2019s statement on his Berkeley page that anonymous references on Feb 4 now redirects to his page at WEHI. Thank you for having the courage to report this. Prof Speed sent a post on his website denying your version of events am not how sending lovingly terms in professional emails to any student could be interpreted differently by him. He is old enough experienced enough to understand and the fact that he doesn\u2019t is more worrying. He is a director of large institution in Australia now. One may be 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 27/33 March 24, 2018 at 8:08 am Anna Tsykin March 23, 2018 at 11:09 pm Anna Tsykin March 29, 2018 at 12:26 pm nicolasbray interested to find out what is happening there. People most of the times are afraid of speaking up. To those saying why now! Should by your logic we forget the church sexual abuse of children? It happended very long time ago! One career lost is too many. Unfortunately understanding these basics for some \u201cprofessors\u201d seem to be very difficult. They do not deserve to be named teachers and for sure people career fate should be out of their control, at least those we find out who they are. Many more to be exposed and this is why Senior Executives do not like firm action on these types of reports. The main argument perhaps is \u2018who is next?\u2019 Reply Please pay a bit more attention to facts. The woman in question was a postdoc and Terry Speed was never \u2018a director of large institution\u2019. Terry Speed is one of the most supportive mentors I\u2019ve seen in my fairly long career, surely his contribution counts for something. It would help to have a name associated with posting criticism of this nature. Reply do not have anything to add regarding this regrettable incident many years ago but would like to say that Terry Speed doesn\u2019t deserve having his name dragged through the mud. Scientists are no better than people in other professions, sexual harassment and other forms of mistreatment of students or young postdocs is common, but why single out Terry Speed like this? So, he suffered a lapse of judgement but his behaviour doesn\u2019t sound predatory. There must be thousands of cases which are much, much worse, why publicise this one so much? Terry Speed is well known for helping a large number of people without asking for anything in return. He would have saved projects an careers of many young people, both male and female. He helped me on several occasions and cannot fault his behaviour in any way would like call Terry Speed\u2019s former students and associates to speak out against this character assassination, please. Reply \u201ca lapse of judgement\u201d is just an amazing way to describe a pattern of behaviour that persisted for well over a year. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 28/33 April 2, 2018 at 11:52 am David desJardins March 24, 2018 at 9:23 am El-ad David Amir March 24, 2018 at 10:29 am Lior Pachter April 2, 2018 at 11:50 am David desJardins April 3, 2018 at 7:12 pm valerie currer April 4, 2018 at 9:40 pm David desJardins April 16, 2018 at 12:40 pm Visitor Reply Sexual approaches by faculty members toward those over whom they have influence are inherently predatory. Reply Lior, have there been any updates from Berkeley regarding the results of the investigation? Reply No. Reply Thank you for posting this. Carol Christ has said that it is a priority to make UCB\u2019s response to sexual harassment more effective and timely and less bureaucratic, but the results don\u2019t seem to match the words (yet?). There seems to be a culture of bureaucracy that is designed to make even simple things complicated, and a culture of secrecy that is designed to obstruct justice. I\u2019m sure that is not the only place where these things occur, but it\u2019s particularly troubling when see them in a place where myself have an affiliation. Reply For what it is worth have known Terry Speed (and his wife Sally) in a non professional but personal friendship for almost 60 years and believe him to be one of the kindest, generous and honest people have ever known. Valerie Currer Reply So? Surely sexual harassment is not less objectionable if done by kind, generous, and honest people than when done by cruel, miserly, or dishonest people. Reply Here is a news article that contains more information on the events: 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 29/33 April 18, 2018 at 8:25 pm David desJardins May 3, 2018 at 5:01 pm Visitor May 25, 2018 at 8:13 am ray May 25, 2018 at 8:34 pm David dono science-accused-of-harassment/9546170 Also a personal observation. It is disheartening to see how many of his supporters lack empathy towards the victim. It is perfectly fine to believe that he is a much better person today that he was back then, it is fine to believe that these events do not reflect on his true persona. But the victims deserve recognition rehabilitation can only begin after bringing a closure \u2013 ignoring the events and whitewashing them will only make things worse. Reply It\u2019s incredible. The quotes in the article should be enough to fire him, if they could be verified. Why should it take 2 hours to deal with this, much less 2 years? Reply The did further research and shine the light to a lot of other details in this story suggest people listen to the whole thing, particularly those who seem to are defending him and have forgotten the fact that there is a victim. in-science/9566122 Reply He indeed looks creepy! Just google some of his pictures! Reply Nowadays this kind of corruption happen everywhere , that is why the society is not getting better but getting worse . Morality is degrading everywhere from private company to even university now. University is supposed to be a place where knowledge is created , trust is builted, cooperation and knowledge is exchanged in a dignity and honest way. But you can observe people cheating on test , exams. Researchers stealing research result and idea from other ( as you can observe so many Chinese 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 30/33 June 7, 2018 at 12:49 pm David Ideal June 7, 2018 at 1:08 pm daviddesj June 7, 2018 at 6:07 pm David Ideal students in various physics , nano technology lab in the western world universities, and brining the secret to China \u2026) For example, here id=103318&sid=4 Professor ( many professors of foreign origins) would make use of the resources at the university to train the students from their own countries , and fraud the funing resources for even personal purposes. If you visit certain professor website ,you could see that almost exclusively they train the students of their own ethnic origin. This is no good to the united states and many western countries . It is happening in hong Kong right here , where the mainland China professor pretty much drain the govt funding resources to train students from mainland China . And their many corrupted practice such as spending money on \u201cconference\u201d trip, \u201cscholarly exchange\u201d, this is no good. And cannot continue would try to reveal the inner part of these disguised people , so that the justice will be well served. Good that internet is very convenient nowadays, so you pretry much cannot hide completely everthing either good or bad that you have done. People should make use of this powerful tool of internet , so that people will guard their own behaviour and realize that what comes around goes around. You cannot only get away for so long before justice is due. Glad that there is internet where people can talk about and reveal many hidden things. Amen!!! Hallelujah!!!! Reply \u201d Professor Speed has informed the Institute that the University of California, Berkeley has made no finding on the matter. Professor Speed has advised that he is resigning his Emeritus Professor role at the University of California, Berkeley.\u201d Reply How on Earth can there be \u201cno finding\u201d? Maybe by the year 2068 there will be a finding?? Reply Lior, what happened? 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 31/33 June 22, 2018 at 12:58 pm Lior Pachter June 20, 2018 at 10:25 pm June 24, 2018 at 1:30 pm Suzanne August 14, 2018 at 10:03 am David desJardins I\u2019ve posted the \u201cnotice of outcome received from Berkeley. Reply shameful conclusion for Berkeley. Reply worked for within that time know who you\u2019re talking about. He was obsessed. I\u2019ve seen text recently from some of the emails in an article, & it\u2019s creepy & intimidating. He wasn\u2019t like that with the other women of the time: of which there were many, so he at least gets points for staffing ratios! It was clear he had a \u2018favourite\u2019. I\u2019m sorry didn\u2019t realise how creepy the situation was at the time hope this offers some closure for her, & that it hasn\u2019t slowed down her career. Good on you for speaking up. Reply Here\u2019s a fairly astonishing story from the of a female philosophy professor who incontrovertibly (according to hard evidence described in the article) harassed her student and yet her feminist colleagues leapt to her defense. 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 32/33 Academia has a way to go in taking sexual harassment seriously. \ud83d\ude26 Reply 2/27/25, 7:57 Terry Speed: a \u201cmale feminist\u201d | Bits of 33/33", "7629_102.pdf": "'Ally of women in science' Professor Terry Speed accused of harassment By Hagar Cohen Thu 22 Mar 2018 at 2:32pm Berkeley appointed investigator found that Professor Terry Speed had violated the institution's sexual harassment policy. (Supplied: Bearcage) Australian Professor Terry Speed has long been a champion for women in science, so it has shaken the field to the core to find out that he has been accused of harassing a junior colleague 16 years ago, when he was her mentor Background Briefing investigation has revealed details of the complaint made to the University of California, Berkeley. Background Briefing Science and Technology 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 1/9 Professor Speed denied his conduct amounted to harassment but back in June 2017, a university-appointed investigator found Professor Speed had violated the institution's sexual harassment policy. No further action has so far been taken by the university. The 'champion' Professor Speed is one of Australia's most decorated scientists, and has been promoted by some science groups as a male champion of change. He has served as professor of statistics at the University of California, Berkeley for nearly 30 years, and he is also the head of a bioinformatics lab at the Walter and Eliza Hall Institute, Australia's oldest medical research institute, in Melbourne. In 2013, Professor Speed was awarded the Prime Minister's science prize for his breakthroughs in statistics and bioinformatics. At the time, he told The World Today that he would use his $300,000 cash prize to promote women in science. \"And it's not as though have in my genes any intrinsic pro-women thing \u2014 it's more just that when you get used to women who are trying to overcome these barriers, you join the cause.\" The complaint Professor Speed is alleged to have harassed a postdoctoral candidate whom he mentored at the time, who for privacy reasons will be referred to as Barbara. In April 2016 Barbara lodged a complaint with the university as \"Complainant One\". 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 2/9 Professor Lior Pachter was a co-complainant. California-based Professor Lior Pachter wrote on his blog about the investigation into Terry Speed's behaviour towards his colleague, Barbara. (Supplied) According to Professor Pachter, Barbara enquired about making a complaint at the time the alleged harassment occurred, but she felt the university complaints process might harm her career. The university launched a Title investigation, in accordance with requirements under federal law to resolve complaints about sexual harassment. The 47-page report detailed what happened on campus at the time, and the findings were filed with the university's leadership for final determination. The investigation In early 2000, Professor Pachter noticed that Professor Speed was spending a lot of time with Barbara. 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 3/9 Later that year Professor Speed invited Barbara for a research trip to Melbourne. According to the investigation's report, it was here that the alleged sexual harassment ramped up. The investigator described in her findings how he walked Barbara home in the evenings and then wanted to hug, despite Barbara's objection to the hugging. The report described how the professor emailed Barbara first thing in the morning, and many times throughout the day. He was disappointed when she did not respond as frequently as he wanted. His emails to Barbara included references to her attractiveness and his interest in physical contact try to ignore beautiful women \u2026 this explains [my delay] in my falling for you,\" one e-mail said. Other e-mails referred to a wish for her to \"sit on [his] knee all day\" and a suggestion that \"sweat[ing] a lot in close proximity\" would be good for him do love you, you know,\" he wrote. Barbara needed help, and she confided in her colleague Professor Pachter. \"She would ask me for advice about what to tell him and how to manage her professional relationship with him in light of this attention that she didn't want,\" Professor Pachter said. \"She began talking to me about the fact that Terry Speed was engaging inappropriately with her, asking her for things she didn't want to do and to have a kind of relationship she didn't want to have.\" 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 4/9 The Berkeley investigation cited emails from the time, where Professor Speed professed his love to Barbara. In them he wrote that he was jealous when she spent time with others, and that he wanted her attention and wished to keep her close to him. Throughout their emails and conversations \u2014 which were referenced in the report \u2014 he made it clear that he was not after sex. Professor Speed talked about his longing for a romantic and intimate relationship. Spiralling out of control According to Professor Pachter, the situation deteriorated quickly. \"She kept asking for help to make the situation go away,\" he said. Barbara explicitly told Professor Speed that she wanted him to stop, and in an email she wrote to him: \"You must never forget that you are my adviser. Whatever feelings you might have, you should never act upon them got upset \u2026 because you are gradually becoming more suggestive again. It's great that you seem to feel better lately, but I'm getting sick, and I'm getting very scared. I'm seriously considering leaving Berkeley and science altogether used to love doing research, but these days can't seem to enjoy anything.\" Professor Pachter was himself in a precarious position. Professor Speed had started sending him emails, telling him that he had a crush on Barbara and asking for advice about how he could get to her. Those emails were all submitted to the Berkeley investigators. 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 5/9 Professor Pachter said reading them again, 16 years on, still made him feel ill. In early 2002 Barbara became depressed \u2014 she withdrew from campus life and lost all interest in studying know that she was thinking about the situation every waking moment for a very long period of time, not just when the harassment happened but for a long period thereafter,\" Professor Pachter said. The career 'kiss of death' In her official findings, the university investigator wrote that Professor Speed seemed oblivious of his ability to profoundly affect Barbara, and that he did not seem to understand the power imbalance in the relationship. In 2002, when Barbara's postdoc placement had come to an end and she was applying for jobs, Professor Speed was asked to provide a professional opinion of Barbara. The Berkeley investigator uncovered an email with Professor Speed's response to the request, in which he wrote that his opinion of Barbara was \"high indeed\", but he would not be providing a professional opinion think you will have to use your existing impressions or seek other assistance,\" Professor Speed wrote am very sorry to have to write in this way, but things between Barbara and me are not good, and it saddens me greatly.\" Professor Speed then forwarded this response to Barbara and asked her to meet with him. 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 6/9 In her mind, she told the investigator, this confirmed his behaviour was jeopardising her career and it could all be fixed if she just reconciled with him on his terms. Professor Pachter agreed and told the investigator that the professor's refusal was a terrible blow think that is the kiss of death in academia, when the mentor you came to do a postdoc with and that you worked with for a number of years is literally not willing to say anything about you think it's even really more horrible that he then forwarded this correspondence to her \u2014 why would you do that other than to really show her, look, you see, you're not going to get my help?\" When the investigator interviewed Professor Speed, he denied that his intention had been to harm Barbara's career. He said his refusal to send a professional recommendation was for technical reasons only. There has been no evidence to suggest that Professor Speed has been involved in any inappropriate behaviour other than the incident involving Barbara 16 years ago. The essential facts of the case are not in dispute, but Professor Speed's interpretation of events is different to those of Barbara and Professor Pachter. Professor Speed told the investigator in an interview that he believed his behaviour was not sexual in nature and did not amount to harassment. The science community responds In a statement Berkeley refused to confirm or deny the existence of the investigation. Tired of waiting for Berkeley to determine an outcome following the investigation's findings, in January 2018 Professor Pachter penned a blog post 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 7/9 about how Professor Speed had been investigated over allegations of sexual harassment. His post rocked Australia's science community. Professor Speed was approached by Background Briefing about the investigation and its findings, but he declined to comment. However he did write on his Berkeley webpage that Professor Pachter's public representation of him was inaccurate and \"not a reflection of me as a person\". In the weeks after the case was revealed, a number of elite science institutions in Australia have flagged changes to their internal sexual harassment policies. Michelle Gallaher, the co-founder of Women in Australia, said she was surprised to learn about the sexual harassment investigation against Professor Speed, particularly because of his reputation as a \"male champion of change think the incidence of sexual harassment is far, far higher than we ever imagined it would be,\" Ms Gallagher said. There are a number of initiatives by science bodies in Australia designed to stop the \"leaky pipeline\" \u2014 a term that describes how the number of women in science drop off as they climb the scientific ranks. Ms Gallaher said some women leave (science, technology, engineering, mathematics and medicine) careers because of their experience Michelle Gallaher says the 'leaky pipeline' of women leaving is 'more like a sieve'. (Supplied) 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 8/9 with sexual harassment. \"The leaky pipeline is a very big problem \u2014 it's more like a sieve actually and it's very emotive that we lose so much talent,\" she said. Ms Gallaher said she wanted to see consequences following the investigation that found Professor Speed in breach of Berkeley's sexual harassment policies. She said it was important for her organisation to speak out about this incident, in support of sexual harassment victims in general and in support of the female complainant in Professor Speed's case want the young woman involved to know that we stand with her, and understand exactly what she's saying,\" she said. Get a morning news briefing in your inbox Subscribe to our NewsMail bringing you breaking news from overnight, plus a heads-up on the stories that will shape your day. Subscribe Your information is being handled in accordance with the Privacy Collection Statement. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Posted Thu 22 Mar 2018 at 2:32pm, updated Fri 23 Mar 2018 at 4:08pm Enter your email address 2/27/25, 7:57 'Ally of women in science' Professor Terry Speed accused of harassment News 9/9", "7629_103.pdf": "Terry Speed Born Terence Paul Speed 14 March 1943[1] Citizenship Australia Alma mater Monash University (PhD) Spouse Freda Elizabeth (Sally) Pollard \u200b\u200b(m. 1964)\u200b[1] Awards (2013) Prime Minister's Prizes for Science (2013) Scientific career Fields Statistics Bioinformatics Institutions Walter and Eliza Hall Institute of Medical Research University of California, Berkeley University of Sheffield[1] Terry Speed Terence Paul \"Terry\" Speed (born 14 March 1943 in Victor Harbor, South Australia),[1 FRS[3] is an Australian statistician senior principal research scientist at the Walter and Eliza Hall Institute of Medical Research, he is known for his contributions to the analysis of variance and bioinformatics, and in particular to the analysis of microarray data. Terry Speed was born in Victor Harbor, in South Australia, and grew up in Melbourne. In 1961, he started a joint degree in medicine and science at the University of Melbourne, but later focussed on science only, obtaining a honours degree in mathematics and statistics in 1964. Speed obtained a Ph.D. from Monash University in 1968 with a thesis titled Some topics in the theory of distributive lattices under the supervision of Peter D. Finch.[2][4] After his PhD, Terry Speed took a lecturing position in Sheffield (United Kingdom), at the Manchester- Sheffield School of Probability and Statistics. In 1974, he returned to Australia, becoming assistant professor at the University of Western Australia, heading the statisticians in the department of mathematics. He then became professor in 1975 and head of department in 1982. In 1984, Terry Speed became chief of the division of mathematics and statistics at CSIRO, the Commonwealth Scientific and Industrial Research Organisation. Early life and education Career 2/27/25, 7:57 Terry Speed - Wikipedia 1/4 Thesis Some topics in the theory of distributive lattices ( s.google.com/books?id=kSgKN QAACAAJ) (1968) Doctoral advisor Peter D. Finch[2] Doctoral students Jim Pitman Sandrine Dudoit Jean Yang Bin Yu Website speed ( eople/terry-speed) After a two month visit in the department of statistics at the University of California, Berkeley in 1984, he applied for a permanent position and became a tenured professor there in 1987. In 1996, Suzanne Cory, director of the Walter and Eliza Hall Institute of Medical Research (WEHI), in Melbourne and former high- school classmate of Speed, invited him to start a bioinformatics group at the institute. Starting in 1997, he shared his time between the two institutions. In 2009, he retired from the University of California, Berkeley, while keeping academic collaborations with the university, including the supervision of PhD students and postdocs. He started working full time at WEHI, where he was head of the Bioinformatics division until 31 August 2014, and has remained a laboratory head since then. He also served on the Mathematical Sciences jury for the Infosys Prize in 2009 and 2010. In 2016, a former colleague and a former post-doctoral researcher from the University of California, Berkeley, filed a complaint of sexual harassment against Speed, with the allegedly infringing behavior occurring in 2002.[5][6] Speed has supervised at least 72 research students.[2] Terry Speed has contributed to a wide range of subjects,[7][8][9] including distributive lattices, ring theory, analysis of variance and bioinformatics, and in particular to the analysis of microarray data. Speed was an expert witness for the defense of O.J. Simpson at the trial for the O. J. Simpson murder case,[10] as well as an expert witness in the Imanishi-Kari case, an affair of alleged scientific misconduct which involved biologist David Baltimore.[11] Much earlier in his career, he was an expert defence witness in the 1966 trial of Ronald Ryan, the last person executed in Australia; however, his evidence that Ryan must have been at least 2.55 metres tall (he was only 1.73 metres) to fire the fatal shot failed to sway the jury.[12] In 1989 Speed was elected as a Fellow of the American Statistical Association.[13] Notable work Expert witness Awards and honours 2/27/25, 7:57 Terry Speed - Wikipedia 2/4 Speed was president of the Institute of Mathematical Statistics in 2004.[14] In 2002, he received the Pitman medal.[15] In 2009 he was awarded a Australia Fellowship.[16] On 30 October 2013, he received the Australian Prime Minister's Prize for Science.[17][18] Speed was elected a Fellow of the Royal Society (FRS) of London in 2013. His nomination reads: Speed is regarded internationally as expert on the analysis of microarray data. This results partly from the sheer ingenuity of his work, and in part it is due to his commitment to working closely with biomedical scientists, enabling him to appreciate first-hand the biological challenges and the consequent requirements of new methodology. Microarrays are now being replaced by short-read sequencing, but Speed continues to contribute new ideas for the new technology. At other time in his career, Speed has made seminal contributions to bioinformatics, statistical genetics, the analysis of designed experiments, graphical models and Bayes networks.[3] Speed married Freda Elizabeth (Sally) Pollard in 1964.[1] 1. \"SPEED, Prof. Terence Paul\" ( 9). Who's Who. Vol. 2015 (online Oxford University Press ed Black. (Subscription or public library membership ( required.) 2. Terry Speed ( at the Mathematics Genealogy Project 3. \"Professor Terry Speed FRS\" ( g/people/fellowship/2013/terence-speed/). London: The Royal Society. Archived from the original ( on 3 February 2015. 4. Dudoit, Sandrine, ed. (2012). Selected Works of Terry Speed. doi:10.1007/978-1-4614-1347-9 (htt ps://doi.org/10.1007%2F978-1-4614-1347-9 978-1-4614-1346-2. 5. 'Ally of women in science' Professor Terry Speed accused of harassment ( ews/2018-03-23/terry-speed-ally-of-women-in-science-accused-of-harassment/9546170), Australian Broadcasting Corporation, published on 23 March 2018, retrieved on 23 March 2018 6. Statement ( by WEHI, on 22 January 2018, retrieved on 23 March 2018 7. Gilad, Y.; Oshlack, A.; Smyth, G. K.; Speed, T. P.; White, K. P. (2006). \"Expression profiling in primates reveals a rapid evolution of human transcription factors\" ( re04559). Nature. 440 (7081): 242\u2013245. Bibcode:2006Natur.440..242G ( edu/abs/2006Natur.440..242G). doi:10.1038/nature04559 ( 9 16525476 ( 8. Smyth, G. K.; Speed (2003). \"Normalization of cDNA microarray data\". Methods. 31 (4): 265\u2013 73. CiteSeerX 10.1.1.322.98 ( doi:10.1016/s1046-2023(03)00155-5 ( 5 14597310 ( Personal life References 2/27/25, 7:57 Terry Speed - Wikipedia 3/4 9. Neve, R. M.; Chin, K; Fridlyand, J; Yeh, J; Baehner, F. L.; Fevr, T; Clark, L; Bayani, N; Coppe, J. P.; Tong, F; Speed, T; Spellman, P. T.; Devries, S; Lapuk, A; Wang, N. J.; Kuo, W. L.; Stilwell, J. L.; Pinkel, D; Albertson, D. G.; Waldman, F. M.; McCormick, F; Dickson, R. B.; Johnson, M. D.; Lippman, M; Ethier, S; Gazdar, A; Gray, J. W. (2006 collection of breast cancer cell lines for the study of functionally distinct cancer subtypes\" ( 2730521). Cancer Cell. 10 (6): 515\u201327. doi:10.1016/j.ccr.2006.10.008 ( j.ccr.2006.10.008 2730521 ( 17157791 ( 10. Defense witness list for the O.J. Simpson civil trial ( tm), published by Today. 11. Daniel Kevles (1998), The Baltimore Case Trial of Politics, Science, and Character. New York: W.W. Norton & Co., Inc. 345\u2013348. 12. Blue Mountains Gazette, 31 October 2013 ( 94/professors-brilliant-career-from-murder-trials-to-top-honour/?cs=8). Retrieved 21 October 2017 13. View/Search Fellows of the ( accessed 2016- 11-19. 14. List of Past Executive Committee Members ( on the Web site of the Institute of Mathematical Statistics. 15. \"Pitman Medal for 2002 awarded to Terry Speed\". Australian & New Zealand Journal of Statistics. 45: 1\u20134. 2003. doi:10.1111/1467-842X.00255 ( S2CID 247695703 ( 16. Australia Fellowship for WEHI\u2019s Professor Terry Speed ( y_year/2009/P39/) Archived ( u/site/latest_news/by_year/2009/P39/) 27 July 2011 at the Wayback Machine, press release by on 29 Jan 2009. 17. \"2013 Prime Minister's Prize for Science\" ( w.innovation.gov.au/science/InspiringAustralia/PrimeMinistersPrizesforScience/Recipients/2013Pri zeRecipients/Pages/2013PrimeMinistersPrizeforScience.aspx). Archived from the original ( ww.innovation.gov.au/science/InspiringAustralia/PrimeMinistersPrizesforScience/Recipients/2013 PrizeRecipients/Pages/2013PrimeMinistersPrizeforScience.aspx) on 12 February 2014. Retrieved 30 October 2013. 18. Latika Bourke (30 October 2013). \"Statistician Terry Speed wins Prime Minister's science prize for cancer research\" ( ed/5058200 News. Retrieved 27 August 2021. Interview with Terry Speed ( by Jean Yang. Amstat News, 1 September 2016. Retrieved from \" External links 2/27/25, 7:57 Terry Speed - Wikipedia 4/4", "7629_104.pdf": "researcher Berkeley statistics professor allegedly sexually harassed postdoctoral researcher By Rachael Cornejo Mar 25, 2018 Berkeley mathematics professor and California Institute of Technology, or Caltech, computational biology professor Lior Pachter filed a Title complaint in 2016 against Berkeley statistics professor Terry Speed for allegedly sexually harassing a postdoctoral statistics researcher for multiple years, according to Pachter. While the report was conclusive, Pachter said it is unclear if the campus will act on these findings, which led him to produce a public podcast with Australian Broadcasting Corporation reporter Hagar Cohen detailing the report. The harassment took place from 2000 to 2002 but was not filed with the Title office until April 11, 2016, according to Pachter. \u201cI\u2019m still hopeful that Berkeley will do the right thing here, but it has been two years, and this is a story in itself,\u201d Pachter said think this is totally unacceptable.\u201d Pachter, who worked with Speed during his time as a campus assistant professor of mathematics, was a confidante of both Speed and the researcher as the events of the report unfolded. He eventually decided to file the Title complaint, which alleged that Speed\u2019s behavior created a \u201chostile environment\u201d for both Pachter and the researcher. The 47-page report compiled by the Title office found that Speed violated Berkeley\u2019s 1992 policy on sexual harassment by frequently sending the postdoctoral researcher explicit emails, including declarations of love, as well as sending Pachter inappropriate emails about his infatuation with the researcher, according to sections of the report that Pachter uploaded to his blog. Speed later refused to write a letter of recommendation for the researcher, negatively impacting her career, according to the podcast. The investigation took 14 months, Pachter said, after which he was told that the case would be forwarded to Vice Provost for the Faculty Benjamin Hermalin. He emailed Hermalin, who responded that he could not give any information, and Pachter said he continued to email Hermalin every month for the next nine months. \u201cI\u2019m a huge Bears fan, but not hearing back from the university is highly stressful,\u201d Pachter said. \u201cNot telling victims where things stand and being obtuse about the processes is very frustrating.\u201d He added that, as difficult as the reporting process has been for him, he \u201ccan\u2019t imagine\u201d what it would be like to file such a report as an undergraduate or graduate student. He said that, as a tenured professor, the complaint does not put his career in danger, but that it is \u201cnot fair\u201d to put students through the process he has gone through. \u201cThe university should be held accountable to the students,\u201d Pachter said. \u201cThe undergrad and grad 2/27/25, 7:57 Berkeley statistics professor allegedly sexually harassed postdoctoral researcher | Archives | dailycal.org 1/2 students in the Berkeley statistics department need to have transparency and clarity and know that they\u2019re safe, that this was taken seriously.\u201d Campus spokesperson Janet Gilmore said in an email that the campus cannot comment on \u201cany case,\u201d including on whether or not a case even exists, until a case is filed, a violation has been identified and a disciplinary action is determined. Speed said in an email that he will not make any statements beyond what was published on his website until the campus case is closed. On the home page of his website, he said he is aware of the investigation and has \u201cco-operated fully with the relevant university authorities.\u201d He also wrote that the recent social media posts about him \u201cdo not reflect the full facts of the situation\u201d and that he \u201cwill be working to provide an accurate representation of the events of that time.\u201d 2/27/25, 7:57 Berkeley statistics professor allegedly sexually harassed postdoctoral researcher | Archives | dailycal.org 2/2"} |
7,638 | Jumaane Peterson | University of California – Los Angeles | [
"7638_101.pdf",
"7638_102.pdf",
"7638_103.pdf",
"7638_104.pdf"
] | {"7638_101.pdf": "BREAKING: LIVE: February 2025 union strikes 2/27/25, 7:57 Anderson School employee arrested on charge of sexual battery - Daily Bruin 1/5 Anderson School employee arrested on charge of sexual battery 2/27/25, 7:57 Anderson School employee arrested on charge of sexual battery - Daily Bruin 2/5 Jumaane Peterson, an employee at the Anderson School of Management, was arrested Wednesday on a misdemeanor charge for sexual battery. By Sam Hoff July 10, 2014 8:02 p.m. University police arrested a Anderson School of Management employee on campus Wednesday morning on a misdemeanor charge of sexual battery after he allegedly touched a woman inappropriately. Jumaane Peterson, 40, also took \u201cupskirt photos\u201d of his colleagues, police said. Peterson, an administrative specialist for the Anderson program, has worked at the school for 15 years, Anderson spokeswoman Elise Anderson said in an email statement. She added that he is currently on investigatory leave from his position received a report of the sexual battery at about 10 a.m. on Wednesday and arrested and released Peterson the same day, according to Los Angeles County Sheriff\u2019s Department records. Peterson will appear in court on Aug. 26 at 8:30 a.m. at the Los Angeles Superior Court Airport Courthouse. No further information was available. The case is currently under investigation. Anyone with additional information regarding this incident or similar incidents can call at (310) 825-9371. Compiled by Sam Hoff, Bruin senior staff. Share this story: Facebook Twitter Reddit Email 2/27/25, 7:57 Anderson School employee arrested on charge of sexual battery - Daily Bruin 3/5 Sam Hoff | Alumnus \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 2/27/25, 7:57 Anderson School employee arrested on charge of sexual battery - Daily Bruin 4/5 2/27/25, 7:57 Anderson School employee arrested on charge of sexual battery - Daily Bruin 5/5", "7638_102.pdf": "BREAKING: LIVE: February 2025 union strikes 3/1/25, 9:49 Former Anderson School employee sentenced to 3 years in prison - Daily Bruin 1/3 Former Anderson School employee sentenced to 3 years in prison By Eliza Blackorby Jan. 23, 2015 9:31 a.m Los Angeles judge sentenced a former employee Thursday to three years in state prison for sexual battery and taking \u201cupskirt photos\u201d of fellow employees. Jumaane Peterson, 41, pleaded guilty to a felony count of possession of illegally obtained photos and misdemeanor counts of inappropriately touching a woman, classified as sexual battery, and use of a concealed device to take the illicit photos, as part of a plea deal. Peterson stood handcuffed in front of Los Angeles County Superior Court Judge Paul Suzuki in a courtroom downtown and accepted the plea deal. Peterson worked at for 15 years as an administrative specialist for the Anderson program. After his arrest on July 9, the university initially placed him on investigatory leave. He was held in jail in lieu of $190,000 bail. As part of the plea deal, Peterson will be registered as a sex offender in Los Angeles for the rest of his life. The photos and the device he took them on will also be destroyed. Compiled by Eliza Blackorby, Bruin contributor. Share this story: Facebook Twitter Reddit Email Eliza Blackorby 3/1/25, 9:49 Former Anderson School employee sentenced to 3 years in prison - Daily Bruin 2/3 \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 3/1/25, 9:49 Former Anderson School employee sentenced to 3 years in prison - Daily Bruin 3/3", "7638_103.pdf": "BREAKING: LIVE: February 2025 union strikes 3/1/25, 9:48 Anderson School employee arrested on charge of sexual battery - Daily Bruin 1/4 Anderson School employee arrested on charge of sexual battery Jumaane Peterson, an employee at the Anderson School of Management, was arrested Wednesday on a misdemeanor charge for sexual battery. By Sam Hoff July 10, 2014 8:02 p.m. University police arrested a Anderson School of Management employee on campus Wednesday morning on a misdemeanor charge of sexual battery after he allegedly touched a woman inappropriately. Jumaane Peterson, 40, also took \u201cupskirt photos\u201d of his colleagues, police said. Peterson, an administrative specialist for the Anderson program, has worked at the school for 15 years, Anderson spokeswoman Elise Anderson said in an email statement. She added that he is currently on investigatory leave from his position received a report of the sexual battery at about 10 a.m. on Wednesday and arrested and released Peterson the same day, according to Los Angeles County Sheriff\u2019s Department records. Peterson will appear in court on Aug. 26 at 8:30 a.m. at the Los Angeles Superior Court Airport Courthouse. No further information was available. The case is currently under investigation. Anyone with additional information regarding this incident or similar incidents can call at (310) 825-9371. Compiled by Sam Hoff, Bruin senior staff. Share this story: Facebook Twitter Reddit Email 3/1/25, 9:48 Anderson School employee arrested on charge of sexual battery - Daily Bruin 2/4 Sam Hoff | Alumnus \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 3/1/25, 9:48 Anderson School employee arrested on charge of sexual battery - Daily Bruin 3/4 3/1/25, 9:48 Anderson School employee arrested on charge of sexual battery - Daily Bruin 4/4", "7638_104.pdf": "Jumaane Peterson Administrative specialist at the Anderson School of Management Jumaane Peterson attempted to take or took up-skirt photos of the complainant twice. Per a well-established law that criminalizes this type of photographic recording, the complaint was also referred to UCPD. Peterson pleaded guilty to sexual battery and was sentenced to three years in prison. Campus: Los Angeles Complaint date: July 1, 2014 Questions, comments or corrections? Email [email protected] (mailto:[email protected]). Data and code is open-source on GitHub ( Support innovative, independent student journalism. Donate today. ( Copyright \u00a9 2019 The Daily Californian, The Independent Berkeley Student Publishing Co., Inc. 3/1/25, 9:48 The Daily Californian projects.dailycal.org/misconduct/case/los-angeles-jumaane-peterson-29/ 1/1"} |
7,500 | Warren Swil | Pasadena City College | [
"7500_101.pdf",
"7500_102.pdf",
"7500_103.pdf",
"7500_104.pdf"
] | {"7500_101.pdf": "Former Courier adviser facing lawsuit upon reinstatement / / Former Courier adviser facing lawsuit upon reinstatement Home News \ue07b \uf167 \uf16d \uf0e0 Search here 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 1/11 By: Philip McCormick | December 12, 2013 Share: The journalism professor recently reinstated as an instructor at the college after admitting to showing nude photos of himself to a student is being sued by the student for alleged sexual harassment and grade retaliation, court documents show. Courier staff member Raymond Bernal accused former Courier adviser Warren Swil of showing him naked photos of himself and unfairly lowering his grades after Bernal turned down his sexual advances last March. The administration immediately launched an investigation into the incident that concluded last month and recently announced Swil will be reinstated in the spring. Bernal filed a lawsuit against Swil on Monday. \u201cThe conduct of Defendant Swil as herein alleged was despicable and constituted oppression and malice, thus entitling [Bernal] to an award of punitive damages against Defendant Swil,\u201d court documents obtained by the Courier state. At the beginning of the Spring 2013 semester, Bernal asked Swil about his winter vacation in the newsroom. Subsequently, Swil invited Bernal into his office and closed the door behind him, according to allegations made in the documents. 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 2/11 Swil said that he had gone on a boating trip and printed a group of pictures to show Bernal that included a naked photo of him, according to the documents. \u201cSwil pointed to the naked picture, smiled, and asked Mr. Bernal what he thought about the picture,\u201d the civil complaint reads. When Bernal tried to change the subject after being shown another group of pictures, Swil seemed disappointed and said, \u201cLet\u2019s keep this between you and me\u201d as Bernal left the office, Bernal alleges. Attorneys for Swil and Bernal did not return messages seeking comment on this story. Bernal did not immediately report the incident to the college because he was unsure of whether or not Swil had made a sexual advance or if he was just more comfortable sharing such photos of himself, the lawsuit states. However, Bernal, who said he had received good grades and praise from Swil prior to the incident, began receiving lower grades on his assignments and was subjected to harsh criticism in front of the class, according to the documents. \u201cSwil taped a copy of the newspaper to the wall of the classroom and wrote his assessment of each story in red ink. Swil wrote \u2018weak story\u2019 next to Mr. Bernal\u2019s story. Notably, Mr. Bernal was the only student that Swil subjected to public ridicule,\u201d the documents state. On another occasion, Swil refused to publish a story written by Bernal even though the editor-in-chief of the Courier at the time thought it was good and wanted to publish it, Bernal alleges. According to the documents, other Courier staff members started to notice a decline in Bernal\u2019s well being and he sought treatment for depression, anxiety, headaches and stress at the U.S.C. Medical Center. Bernal is suing for general and punitive damages as well as a $25,000 civil penalty and attorneys\u2019 fees. Author Recent Posts Philip McCormick 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 3/11 Follow: Categories: News Tags: lawsuit, Raymond Bernal, Warren Swil 7 Replies to \u201cFormer Courier adviser facing lawsuit upon reinstatement\u201d I'm currently the sports editor for the Courier. I've been with the Courier for a semester now. In my first semester was the assistant opinion editor. Women\u2019s basketball ranks up after tournament sweep Early morning Glendora fire Maybe Warren Swil and Gail Cooper can strategize together. They have more in common then they realize. Log in to Reply have known Warren for years and consider him a close, personal friend. Warren is a leader who have followed closely behind have your back Warren. If you ever drop the soap\u2026I\u2019ll be there ! fedupprofessor January 8, 2014 at 3:39 pm Steven Lester December 22, 2013 at 9:32 pm 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 4/11 Steve Log in to Reply This is an interesting turn of events for the journalism professor can\u2019t help but think the suit may be a waste of time and money by Mr. Bernal because the college\u2019s investigators already found there was not enough evidence to fire Mr. Swil or keep him on leave any longer am sure that he wouldn\u2019t have been reinstated if the investigator found any evidence of grade retaliation. Log in to Reply Maria, if you see this, here\u2019s something to note: Mr. Bernal\u2019s issues and potential financial gain from a lawsuit\u2019s outcome aside, it might be good to consider a few things for the sake of all students here at PCC, with regards to this matter. First, take a read at Mr. Bernal\u2019s articles here in the Courier. Read them and look at the quality of his writing. If grades are based on writing, and if am any decent judge on it would say his marks should have been pretty high. But you can determine that for yourself. And only he and officials know what his grades were before the incident took place, so only he and would know of any disparity. Second, the article here indicates that there was public ridicule that was obvious to the class. Public. As in made aware of by all others present. So during the investigation, maybe these students did not want to step forward for fear of retaliation? Maybe many moved on and were no longer on campus or reachable for Maria Elena December 16, 2013 at 9:54 am anonymouse January 24, 2014 at 6:40 am 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 5/11 comment or input? Many things could have affected such an investigation, if you are accepting that a thorough one took place. Since your comment, in a more recent article on the matter it has been reported that Swil has admitted to showing the images to Bernal. That already is an ethical violation by a teacher against a student \u2013 even if that student is a consenting adult. To me, that is enough to warrant a denial of Swil\u2019s return to the school as a teacher. Recently, there has been many an institution that has turned a blind eye over clear situations of wrong doing, including when there was admission to it by the violator, just to protect the reputation of the institution. An example: the Catholic Church and sexual abuse allegations and confessions by priests. So in the school\u2019s inaction in this matter, one might assume that perhaps they are turning a blind eye in the hope that it will all blow over and go away. But by not taking any further action to remove this teacher \u2013 a person who has a moral obligation to honor students\u2019 trust that he provide a safe haven for them for learning \u2013 then it likely won\u2019t. And chances are, there may be more potentially embarrassing stories as the events further unfold. Log in to Reply How/why again was this guy \u201cre-instated\u201d? Just when you think the folks running can\u2019t get any dumber, they surprise you. Log in to Reply Barnaby James December 15, 2013 at 8:42 pm Bruce Laplichor December 13, 2013 at 12:58 pm 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 6/11 Leave a Reply am a journalism student at San Francisco Communuty College, and our class has been following this story with intense interest. It is so difficult to belive the gay student could not have anticipated the gay instructor\u2019s pending advance am a gay man and can spot another gay male a mile away am always acticipating the \u201ccome-on\u201d of another gay guy. While this saga at was in motion happened to visit the campus while in the area last October 31st strolled the campus for almost 30-minutes. The gay guy saw was wearing a military costume (Holloween?) and driving a black Charger. He gave me that \u201clook\u201d and right away knew. Best to all, B. Log in to Reply The college has a diverse and large population. Perhaps a gay student would anticipate that a gay professor would behave professionally, and not that a come on was imminent. If you are identifying a gay population by the number of come on looks you receive, or generally anticipate gay professors not being able to resist making inappropriate advances to gay students, then that is somewhat perturbing. Log in to Reply Simon Fraser January 30, 2014 at 7:53 pm 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 7/11 You must be logged in to post a comment. This site uses Akismet to reduce spam. Learn how your comment data is processed. TikTok (@pcccourier) An independent student-run publication of Pasadena City College 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 8/11 View on TikTok YouTube Courier weekly publication of Pasadena City College with a web edition produced and edited by students 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 9/11 Let's Talk Video Episode #6: Spring Recap + Farewell Let's Talk Video Episode #6: Spring Recap + Farewell Load more 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 10/11 Pasadena City College 1570 E. Colorado Blvd. Pasadena 91106 626-585-3375 About Us Staff Spotlight Archives Terms & Conditions Search here ... Copyright \u00a9 2025 Courier All Rights Reserved | Courier 2022 by East West Design Group 2/27/25, 7:59 Former Courier adviser facing lawsuit upon reinstatement Courier 11/11", "7500_102.pdf": "Feeding Frenzy Michael Peabody March/April 2017 It is usually considered a great honor to be asked to speak at any college commencement ceremony. It rarely gets any better than to be asked to address the large graduating class at the 26,000-student Pasadena City College. Magazine Videos Search Liberty Campaign Resources 2/27/25, 7:59 Feeding Frenzy 1/9 When Dr. Eric Walsh accepted the invitation, he had no idea that he was entering a minefield that was already exploding\u2014one that would severely affect his professional life as a public health director and his private life as a lay minister; and that what he said in the pulpit at his local church would become a pretext for the destruction of his governmental career. In March 2014 student trustee Simon Fraser sent an e-mail to film director Dustin Lance Black on behalf of Heba Griffiths, the interim associate dean of student life, formally inviting him to conduct the commencement address in celebration of the theme \u201cProud Past, Global Future.\u201d1 Black, a 1994 graduate of the college and Oscar-winning screenwriter of the film Milk and an rights advocate, promptly accepted the invitation. Griffiths later said that she had not asked Fraser to send Black the letter, since he was one of eight potential candidates, but Fraser said that Griffiths had asked him to send the invitation using a template that Griffiths had provided, and that the commencement committee had voted in favor of sending invitations to the entire list, and \u201cwhoever accepted first would be our speaker.\u201d2 Around this time, college administrators became aware of sexually explicit photos of Black and his ex-boyfriend that had surfaced on the Internet in 2009 after being acquired and posted by an online gossip site without Black\u2019s consent. The college had recently been through several scandals, including a gender studies professor who had resigned earlier that academic year after admitting on his Web site that he had slept with students.3 The college had also been sued by a student who claimed that a journalism professor had shown him a nude photo and retaliated by giving a bad grade on an assignment.4 In March 2013 president Mark Rocha had been given a vote of no confidence by both students and faculty after backing an unpopular decision to cancel the college\u2019s winter quarter, which violated faculty contracts and made it difficult for students to graduate on time.5 In an effort to avoid yet another scandal, Robert Bell, the college\u2019s senior vice president for academic and student affairs, tried to back out of the situation by claiming that a major miscommunication had occurred, and he sent Black\u2019s assistant a message that reversed the purportedly inadvertent invitation wish to inform you 2/27/25, 7:59 Feeding Frenzy 2/9 that Mr. Black will not need to rearrange his busy schedule to appear as commencement speaker.\u201d6 In contrast to Bell\u2019s diplomacy Board of Trustees president Anthony Fellow did not mince words when he told the student newspaper, the Pasadena City College Courier that \u201cwith the porno professor and the sex scandals we\u2019ve had on campus this last year, it just didn\u2019t seem like the right time for Mr. Black to be the speaker. We\u2019ll be on the radio and on the television. We just don\u2019t want to give a bad name.\u201d7 Given Fellow\u2019s blatant candor, Black blasted the college, saying that \u201cthe offer was made accepted the offer, booked flights, canceled work to make room for the honor. It is heartbreaking, hurtful, and wrong-headed.\u201d8 He then issued a call for social justice: \u201cAs administrators attempt to shame me, they are casting a shadow over all students at PCC. We will never be worthy of PCC\u2019s praise.\u201d9 Given the fact that an online investigation had led the college to cancel Black, it meant that whoever had the unfortunate \u201chonor\u201d of taking Black\u2019s place was going to be in for the fight of a lifetime. Next up: City of Pasadena director of public health Dr. Eric Walsh, who readily accepted. Rocha wrote in a press release that Walsh \u201cis a preeminent leader in the Pasadena community,\u201d and that his \u201cextraordinary community work and commitment to public service will serve as an inspiration to our students.\u201d Walsh\u2019s qualifications were stellar\u2014he was on the staff of Loma Linda University School of Medicine: had taught at the University of California, Irvine: served on the President\u2019s Advisory Council on HIV/AIDS; was the immediate past president of the California Academy of Preventative Medicine; and an active committee member on the Centers for Disease Control. He had worked to develop systems to provide affordable fruits and vegetables and access to quality health care. As Pasadena medical director, he led the creation of a dental clinic to be built in the Pasadena Public Health Department and made it available for individuals living with HIV/AIDS.10 2/27/25, 7:59 Feeding Frenzy 3/9 Walsh had studied the link between racial discrimination, stress, and poor health outcomes11 and received congressional recognition for his leadership and contribution to the health of children and had been awarded the prestigious 100 Black Men of Orange County Award in Health and Wellness Care. In addition to an extensive work schedule, on Saturdays Walsh could be found speaking as a locally hired lay pastor of the nearby Altadena Seventh-day Adventist Church, which identified him as an associate pastor,12 and he was a popular speaker for Adventist youth events. Walsh\u2019s numerous YouTube videos were then subjected to an unprecedented degree of scrutiny by students who were angry at the college for disinviting Black. Members of \u201cStudents for Social Justice\u201d scoured the Web and compiled a laundry list of statements that they attributed to Dr. Walsh. On April 28, 2014, they posted a message on their Facebook page13 striking back at the college. \u201cIn light of the recent decision to disinvite distinguished alumnus Dustin Lance Black, the choice of his replacement sheds light on what sort of speaker and role model the [Board of Trustees] and administration think is suitable for the students of Pasadena City College,\u201d the message began. Then the attack sharpened: \u201cTheir choice, Dr. Eric Walsh, is not only the director of public health in Pasadena; he is also an active preacher in the Seventh-day Adventist community whose many sermons are recorded and are available online to the public. We believe in a person\u2019s right to privacy and the privacy of personal beliefs; however, unlike Dustin Lance Black\u2019s private photographs (which were made public without his consent), Dr. Walsh\u2019s beliefs have been expressed in a public forum with Dr. Walsh\u2019s consent. Dr. Walsh\u2019s sermons were recorded for the purpose of spreading his thoughts.\u201d The students then cited portions of a sermon Walsh had delivered entitled \u201cSex, Lies, and the Fight for Purity.\u201d In his sermon, formerly posted on YouTube, Walsh said that homosexuality and premarital sex were sins and that television was \u201clike a nuclear bomb in destroying our society.\u201d The students wrote, \u201cIt can be surmised that in an effort to negate the negative perception of Dustin Lance Black by the Board of Trustees president Anthony 2/27/25, 7:59 Feeding Frenzy 4/9 Fellow as an irresponsible individual who practices unsafe sex, they chose an individual who embodies the opposite, a wholesome, respected public health official whose duties include working against the spread of HIV/AIDS. \u201cUnfortunately, despite Dr. Eric Walsh\u2019s efforts in the fight against HIV/AIDS, his personal beliefs as expressed in many of his public sermons only further serve to marginalize and demonize the community to which Dustin Lance Black, and many of our students here at PCC, belong.\u201d By April 29 Walsh had dropped out as commencement speaker; and the students were demanding that Black be reinvited. But Eric Walsh\u2019s professional troubles were just beginning. The Los Angeles Times and Pasadena Star-News and other prominent media outlets excoriated his statements, with the Times opining that Walsh\u2019s teachings on creationism showed a disregard for science. Walsh\u2019s denomination was also put under the media spotlight. Careful of the church being misrepresented, the Southern California Conference of Seventh-day Adventists quickly attempted to distance themselves from Walsh and issued a press release stating that \u201c[Walsh] does not hold ministerial credentials from the Adventist Church, does not speak on behalf of the Seventh-day Adventist denomination, and, as far we know, does not represent his views as anything other than his own.\u201d This of course was all true, but did not speak at all for Walsh\u2019s rights to hold views and express them as his conscience mandates. To be fair, Walsh\u2019s statements made in sermons were not all that different from sermons that might be heard in any number of conservative Christian congregations, and the Adventist Church itself has previously issued an official statement that \u201csexual acts outside the circle of a heterosexual marriage are forbidden.\u201d Walsh\u2019s sermons had also touched on the issues of Catholicism, Islam, and evolution, and soon the Catholic League for Religious and Civil Rights and the Healthcare Foundation were calling for his removal. The City of Pasadena pressured Walsh to resign, and he accepted a severance package. Given his qualifications, the Department of Public Health of the State of 14 15 16 17 2/27/25, 7:59 Feeding Frenzy 5/9 Georgia soon extended an offer, but upon learning of the happenings in Pasadena, the director of human resources requested that Walsh turn over his sermons for state employees to listen to and critique. After reviewing his sermons, the human resources of the State of Georgia claimed that Walsh had actually violated a Pasadena requirement that he disclose outside employment as a pastor, and that because of this infraction the offer had been withdrawn. Through the help of the nondenominational First Liberty Institute, Walsh filed suit against the State of Georgia for failing to hire based on religion. In a press release, Institute attorney Jeremy Dys said, \u201cReligious liberty means we should be able to find sanctuary in our own sanctuary. If the government is allowed to fire someone over what he said in his sermons, then they can come after any of us for our beliefs on anything.\u201d In early 2008 Democrat Party candidate Barack Obama faced a similar challenge when the media revealed that his pastor, Jeremiah Wright, had made controversial sermons. Although Obama denounced the statements, Obama\u2019s attendance at Wright\u2019s church continued to shadow his presidency, as his opponents tried to demonstrate that Obama condoned these controversial views. The stakes in this case were high. As this magazine went to press the case was settled in a way that upheld Dr. Walsh. If he had lost, it could have meant that governmental or secular employers may review the religious statements of their employees and use this information in making hiring decisions. Even attending a particular church and agreeing to its doctrines could affect employability. Pastors would feel the heat as parishioners become afraid that their pastors might say something that affects them at work. Those who take their faith seriously are already open to public scrutiny, and whether they remain free to practice their beliefs and maintain public professions hinges on the results of cases like this one. 1 Raymond Bernal and Jessica Arceo, \u201cOscar Winner and Alumnus Disinvited to Spring Commencement Ceremony,\u201d Pasadena City College Courier, Apr. 19, 2014, 18 2/27/25, 7:59 Feeding Frenzy 6/9 Raymond Bernal, \u201cStudent Trustee: \u2018District Is Attempting to Scapegoat Me,\u2019\u201d Pasadena City College Courier, Apr. 19, 2014, 3 Carla Rivera, \u201cGender Studies Professor Resigns From Pasadena City College,\u201d Los Angeles Times, Oct. 9, 2013, 20131009-story.html. 4 Adam Poulisse Professor Warren Swil Reinstated After Sexual Harassment Claims,\u201d Pasadena Star-News, Dec. 2, 2013, affairs/20131202/pcc-professor-warren-swil-reinstated-after-sexual-harassment- claims. 5 James Figueroa President Rocha Responds to No-Confidence Votes,\u201d Pasadena Star-News, Mar. 16, 2013, president-rocha-responds-to-no-confidence-votes. 6 Bernal, \u201cStudent Trustee: \u2018District Is Attempting to Scapegoat Me.\u2019\u201d 7 Ibid. 8 Tim Isaac, \u201cDustin Lance Black Angry After Leaked Gay Sex Photos Get Him Disinvited From Speaking at His Old College,\u201d Apr. 18 2014, photos-allegedly-get-him-disinvited-from-a-college-speaking-engagement/. 9 Lauren Gold, \u201cGay Rights Activist Dustin Lance Black Claims Pasadena City College Dumped Him as Commencement Speaker,\u201d Pasadena Star-News, Apr. 18, 2014, black-claims-pasadena-city-college-dumped-him-as-commencement-speaker. 10 Valerie Wardlow, \u201cDr. Eric Walsh Named Pasadena City College\u2019s 2014 Commencement Speaker,\u201d Pasadena News Now, eric-walsh-named-pasadena-city-colleges-2014-commencement-speaker. 2 2/27/25, 7:59 Feeding Frenzy 7/9 11 Eric Walsh, \u201cStress and Health Disparities Public Health Seminar,\u201d Apr. 12, 2010, University of California, Irvine, 12 Lauren Gold, \u201cSeventh-day Adventist Church: Pasadena Public Health Director Dr. Eric Walsh Does Not Represent Church,\u201d Pasadena Star-News, May 6, 2014, pasadena-public-health-director-dr-eric-walsh-does-not-represent-church. 13 Students for Social Justice, Facebook Group, 14 Aaron Hicklin, \u201cCollege That Dropped Dustin Lance Black Embroiled in Fresh Scandal,\u201d Out, Apr. 30, 2014, dropped-dustin-lance-black-embroiled-fresh-scandal. 15 Ibid. Southern California Conference of Seventh-day Adventists, \u201cStatement on Eric Walsh, M.D., M.P.H., Dr. P.H., May 6, 2014, \u201cAdventist Church Statement Affirms Biblical View on Homosexuality,\u201d Adventist News Network, Oct. 4, 1999, 04/adventist-church-statement-affirms-biblical-view-on-homosexuality/. Billy Hallowell, \u201cHe Claims Govt Officials Asked for \u2018Copies of Sermons He Had Preached\u2019 on Sexuality, Creationism and more. Here\u2019s Why He\u2019s Suing,\u201d The Blaze, Apr. 20, 2016, of-sermons-he-had-preached-about-sexuality-creationism-and-more-heres-why-hes- suing/. Article Author: Michael Peabody Michael Peabody is an attorney and founder of Religious Liberty TV. He writes from Los Angeles, California. 16 17 18 2/27/25, 7:59 Feeding Frenzy 8/9 About Us & Contact Magazine Subscription Campaign Resources Donate Twitter | Facebook | YouTube Copyright \u00a9 2025 North American Division of the Seventh-day Adventist Church. Liberty \u00ae is a registered trademark of the General Conference Corporation of Seventh-day Adventists \u00ae. Liberty 0024-2055) is published bimonthly by the North American Division of the Seventh-day Adventist Church. 2/27/25, 7:59 Feeding Frenzy 9/9", "7500_103.pdf": "Major rewrite Dec 3, 2013 Pasadena City College journalism professor who was suspended after a 43-year old student filed a sexual harassment claim against the college and the teacher has been reinstated, but so far no one knows what he will be doing when he gets back to school. Warren Swil told the Pasadena Weekly on Monday that he will return to the college next month can confirm that have received an official notice that will be reinstated in January,\" Swil said in an email. \"At this time cannot provide any additional comment for the record.\" 2/27/25, 7:59 Major rewrite | Imported | pasadenaweekly.com 1/2 Swil, 61, was placed on administrative leave in March following complaints of sexual harassment and retaliation after journalism student Raymond Bernal filed a $100,000 claim for damages. The claim was later rejected by the Board of Trustees. In the claim, Bernal alleged that Swil had twice shown him naked pictures of himself. After Bernal rejected his advances, Bernal said that Swil \u2013 the adviser to The Courier, the campus newspaper \u2013 began giving him bad grades in retaliation. Swil has denied all of the allegations Faculty Association President Roger Marheine told the Weekly that although Swil has been reinstated it is not known what his duties will be when he returns. \"He has been officially reinstated,\" Marheine said. \"But we are still unsure what his duties will be or where his office will be located. Not completely clear if he can return to campus. There are many unanswered questions. The college was wrong and he has been vindicated. We are very, very happy.\" After being abruptly placed on administrative leave, Swil was escorted off campus on March 28 shortly after Bernal filed the complaint. One day before Swil was removed from his position, embattled President Mark Rocha said at a press conference that student reporters were not reporting some of the positive things being done by his administration. At the time, Rocha had been the subject of two no-confidence votes, one taken by the Associated Students, the other by an ad hoc faculty committee. Those votes left the relationship between the administration and the newspaper strained, which led many to believe Swil was removed due to the paper\u2019s critical reporting of Rocha and some of his staff. Although campus officials claimed the disciplinary action was normal procedure, critics pointed out that college professor Hugo Schwyzer, who taught a class called \"Navigating Pornography,\" was not disciplined after admitting to a local newspaper that he had sex with a female student in his office. Instead, college officials \"investigated\u2019 the matter for nearly a month, despite an admission to the incident by Schwyzer and the student. Schwyzer later quit without facing any disciplinary action. 2/27/25, 7:59 Major rewrite | Imported | pasadenaweekly.com 2/2", "7500_104.pdf": "professor Warren Swil reinstated professor Warren Swil reinstated after sexual harassment claims after sexual harassment claims 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 1/15 Warren Swil Warren Swil 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 2/15 By By | | [email protected] [email protected] UPDATED: UPDATED: August 29, 2017 at 9:30 August 29, 2017 at 9:30 PASADENA>> Warren Swil, the Pasadena City College journalism professor and student PASADENA>> Warren Swil, the Pasadena City College journalism professor and student newspaper adviser accused of sexual harassment and retaliation against a student, will be newspaper adviser accused of sexual harassment and retaliation against a student, will be reinstated next semester, though his role at the school is unclear. reinstated next semester, though his role at the school is unclear. Swil, 61, was placed on administrative leave on March 28 following complaints of sexual Swil, 61, was placed on administrative leave on March 28 following complaints of sexual harassment and retaliation. harassment and retaliation can confirm that have received an official notice that will be reinstated in January,\u201d Swil can confirm that have received an official notice that will be reinstated in January,\u201d Swil said in an e-mail. \u201cAt this time cannot provide any additional comment for the record.\u201d said in an e-mail. \u201cAt this time cannot provide any additional comment for the record.\u201d On May 22, journalism student Raymond Bernal, 49, filed an official claim for $100,000 with On May 22, journalism student Raymond Bernal, 49, filed an official claim for $100,000 with the college that listed the accusations against Swil. The claim was rejected by the Board of the college that listed the accusations against Swil. The claim was rejected by the Board of Trustees on June 5. Trustees on June 5. According to the complaint, Swil allegedly showed Bernal naked pictures of himself and asked According to the complaint, Swil allegedly showed Bernal naked pictures of himself and asked the student what he thought. the student what he thought. When Bernal claimed he tried to change the subject, the complaint alleges Swil became When Bernal claimed he tried to change the subject, the complaint alleges Swil became visibly disappointed and asked the student to keep the incident \u201cbetween you and me.\u201d visibly disappointed and asked the student to keep the incident \u201cbetween you and me.\u201d Read More Read More 00:00 00:00 02:00 02:00 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 3/15 \ue905 \ue905 Originally Published: Originally Published: December 2, 2013 at 12:00 December 2, 2013 at 12:00 In his complaint, Bernal alleged that Swil retaliated by giving him bad grades on assignments. In his complaint, Bernal alleged that Swil retaliated by giving him bad grades on assignments. Bernal is the current opinion editor of the school\u2019s student newspaper, The Courier, according Bernal is the current opinion editor of the school\u2019s student newspaper, The Courier, according to its website. He did not return an e-mail seeking comment. to its website. He did not return an e-mail seeking comment. While Swil was on leave, the union took an active interest in the case, according to Roger While Swil was on leave, the union took an active interest in the case, according to Roger Marheine Faculty Association president. Marheine Faculty Association president. \u201cWe are thrilled that Warren Swil will be back on the job and very pleased he will tend to his \u201cWe are thrilled that Warren Swil will be back on the job and very pleased he will tend to his duties at PCC, and we look forward to his services for years to come,\u201d Marheine said. \u201cWe duties at PCC, and we look forward to his services for years to come,\u201d Marheine said. \u201cWe have been battling this case going on nine months. This is a big victory.\u201d have been battling this case going on nine months. This is a big victory.\u201d Though reinstated, it is not yet known if Swil will resume the same posts as before he was Though reinstated, it is not yet known if Swil will resume the same posts as before he was placed on leave. placed on leave. \u201cPasadena City College cannot discuss any specifics concerning Professor Warren Swil as \u201cPasadena City College cannot discuss any specifics concerning Professor Warren Swil as matters of employment are strictly confidential spokeswoman Valerie Wardlaw said. matters of employment are strictly confidential spokeswoman Valerie Wardlaw said. The student newspaper\u2019s current adviser, Nathan McIntire, is contracted through May, leaving The student newspaper\u2019s current adviser, Nathan McIntire, is contracted through May, leaving Swil\u2019s position filled when he returns. Swil\u2019s position filled when he returns. \u201cI\u2019d like to see him teaching again, no matter what he teaches, because he\u2019s a great teacher,\u201d \u201cI\u2019d like to see him teaching again, no matter what he teaches, because he\u2019s a great teacher,\u201d said Christine Michaels, the current editor of the Courier. said Christine Michaels, the current editor of the Courier. Despite developing a friendship, Michaels was in charge of covering Swil\u2019s case for the Despite developing a friendship, Michaels was in charge of covering Swil\u2019s case for the Courier. Courier. \u201cIt was really hard in the beginning. It was like a wound that was still open,\u201d Michaels said. \u201cIt was really hard in the beginning. It was like a wound that was still open,\u201d Michaels said. \u201cThen you learn you have to be objective. You\u2019re reporting for the truth, not for friends.\u201d \u201cThen you learn you have to be objective. You\u2019re reporting for the truth, not for friends.\u201d Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 4/15 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! 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Test Your Hearing From The Test Your Hearing From The Comfort of Your Home Comfort of Your Home 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 10/15 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home Access Low-interest Funds Access Low-interest Funds for Home Renovations for Home Renovations 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 11/15 9 Kinds of Ancestors You Could Find 9 Kinds of Ancestors You Could Find on Your Family Tree on Your Family Tree Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! 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Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices Find Local and Heating Repair Find Local and Heating Repair Services Services 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 14/15 2013 2013 \ue907 \ue907December December \ue907 \ue90722 Get Ready to Rethink Your Get Ready to Rethink Your Workplace Shoe Game Workplace Shoe Game 2/27/25, 7:59 professor Warren Swil reinstated after sexual harassment claims \u2013 Pasadena Star News 15/15"} |
7,254 | William Ausmus | California Polytechnic State University | [
"7254_101.pdf",
"7254_102.pdf",
"7254_103.pdf"
] | {"7254_101.pdf": "\uf002 \uf26c Watch Now Quick links... By: Site Administrator Posted 8:37 PM, Apr 30, 2018 Cal Poly student has filed a lawsuit against a former professor, accusing him of sexual harassment, sexual assault and sexual battery. The woman says that in early May 2016 she met with one of her professors, William Ausmus, in his office on campus. The lawsuit alleges that Ausmus questioned her about sex, drugs and alcohol, told her to take off her sweater, and touched her thigh in an inappropriate manner Cal Poly student suing former professor over sexual harassment claims \uf09a\ue61b\uf0e0 Menu 2/27/25, 7:59 Cal Poly student suing former professor over sexual harassment claims 1/4 If she did not do what he instructed, the student claims Ausmus told her she would fail his class and be kicked out of her sorority. The lawsuit also alleges Cal Poly knew Ausmus had a history of sexual harassment against other students and did nothing to protect her or other girls on campus. Cal Poly spokesman Matt Lazier says the university has not yet been served with the lawsuit and has no comment at this time. Lazier did tell News that Ausmus no longer works at the university. Copyright 2025 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. E-mail Submit Read More 00:00 00:00 2/27/25, 7:59 Cal Poly student suing former professor over sexual harassment claims 2/4 Ivanka Trump and Jared Kushner Lease Miami Condo\u2026 Paid Content: Mansion Glo\u2026 Dilapidated Castle Originally Built for Abercrombie & Fitc\u2026 Paid Content: Mansion Glo\u2026 Switch to This Japanese Cleaning Innovation \u2013 Loved\u2026 Paid Content: siteweb [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20\u2026 Paid Content: Journalistate Gene Hackman, wife Betsy Arakawa and dog were dead for some tim News Trump to issue executive order banning COVID-19 vaccine mandates in News What we know about a Wyoming mom who shot 4 daughters before News [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been lied to for years. Paid Content: Novelodge [Pics] 10 Food That Unclog Arteries (Most People Ignore) Paid Content: TravelSent 2/27/25, 7:59 Cal Poly student suing former professor over sexual harassment claims 3/4 News Weather Sports In Your Community Contests Don't Waste Your Money Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public Files Application Public File Contact Us Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way \uf09a \uf16d \ue61b 2/27/25, 7:59 Cal Poly student suing former professor over sexual harassment claims 4/4", "7254_102.pdf": "Hanna Crowley | Mustang News Cal Poly student files lawsuit against professor, saying he as- saulted and tried to hypnotize her by Dylan Grant May 14, 2018 Cal Poly student stated in a lawsuit filed in San Luis Obispo Superior Court April 27 that her prior instructor sexually assaulted and harassed her by grabbing her thigh and attempting to hypnotize her. 2/27/25, 7:59 Cal Poly student files lawsuit against professor, saying he assaulted and tried to hypnotize her - Mustang News 1/2 \u00a9 2025 Copyright 2022 Mustang Media Group. All rights reservedPowered by Newspack Junior Jaqueline Pederson is seeking damages for sexual harassment, sexual assault, battery, sexual battery, emotional distress and negligent supervision and retention against former communications studies lecturer William Ausmus and Cal Poly. The suit states that Cal Poly administrators were aware of Ausmus\u2019 history of sexual harassment at the time of Pederson\u2019s assault. The professor had 155 student evaluations on the site Polyratings, many of which claimed that Ausmus favorited and inappropriately approached his female students. \u201cOverall nice guy\u2026 maybe a little too nice, girls, if you\u2019re pretty he\u2019ll love you but if [you] need to go to office hours would go with someone,\u201d a Cal Poly junior wrote on Polyratings in December 2004. \u201cBest advice can give for this professor is don\u2019t take him. He is cocky, arrogant, perverted, and he flirts with his female students,\u201d a freshman wrote in January 2005. \u201cThis man is the most perverted and rude teacher have ever had in my life am a girl and, unlike what some other evaluations say was given so special treatment. In fact felt that because was a girl was harassed everyday by this man,\u201d a sophomore wrote in May 2005. \u201cHe brags about his \u2018accomplishments\u2019 and hits on all the decently attractive girls until they feel uncomfortable in class,\u201d a freshman wrote in March 2009. \u201cThis man is the most disgusting abuser feel uncomfortable by his presence on this campus and it isn\u2019t just me. All my friends are creeped out and scared that faculty members are preying on students and abusing their positions of power feel unsafe at this school,\u201d a freshman wrote in April 2018. Neither Ausmus or Cal Poly have filed responses to the civil suit. Cal Poly spokesperson Matt Lazier said the university could not comment while litigation is pending. Ausmus was employed at Cal Poly for 15 years from September 2001 to August 2016. 2/27/25, 7:59 Cal Poly student files lawsuit against professor, saying he assaulted and tried to hypnotize her - Mustang News 2/2", "7254_103.pdf": "Cal Poly professor accused of misconduct May 2, 2018 Cal Poly instructor who was known by administrators to have a history of sexual misconduct told a female student with whom he was meeting in his office to take off her clothes and run naked through campus halls, according to a lawsuit filed Friday in San Luis Obispo Superior Court. The teacher also inappropriately touched the student and tried to persuade her to let him hypnotize her, the suit alleges. [Cal Coast Times] In the spring of 2016, third-year Cal Poly student Jacqueline Pederson was struggling in a course taught by communications studies lecturer William Ausmus, according to the lawsuit. Ausmus worked at Cal Poly for 15 years from 2001 to 2016 and is no longer employed by Cal Poly, according to the university. On May 5, 2016, Pederson met Ausmus in his campus office. During the meeting, Ausmus made it clear that unless Pederson did what he asked she would fail the class and could be expelled from her sorority and possibly from Cal Poly, the lawsuit states. Ausmus suggested he hypnotize Pederson so that he could gain more information, the suit states. The instructor also assigned Pederson a paper that was due the next day. On the following day, Pederson again met with Ausmus privately. Ausmus told Pederson to take off her clothes and run naked through the halls. Ausmus then told Pederson to remove her sweater, and he began touching her, the suit says. Additionally, Ausmus asked Pederson about her personal life, including questions about sex, drugs and alcohol. Pederson complied, revealing details about her personal life out of fear she would be expelled, according to the suit. The suit also alleges that in July 2016, Cal Poly conducted an independent investigation into Pederson\u2019s allegation and ruled Ausmus violated school policy in Pederson\u2019s case. The investigation also found Ausmus had a history of similar harassment and abuse, according to the lawsuit. Cal Poly did not deny a claim filed by Pederson, accepting liability for Ausmus\u2019 actions, the lawsuit states. The university has not commented on the suit. Sponsored Links Sponsored Links Search Cal Coast News.Com Search Sponsored Links Recent And Most Commented Recent topics Most viewed Most commented Home Uncovered Daily Briefs Discovered Sales and Deals Opinion Eye on the Coast Login Share Your Opinion Subscribe Advertise Search Tips Newsletter 2/27/25, 7:59 Cal Poly professor accused of misconduct 1/3 Related: Cal Poly, San Luis Obispo student settles lawsuit against university Kristin Smarts\u2019 family files wrongful death lawsuit against Cal Poly Free press group files public records lawsuit against Cal Poly Cal Poly swim coach accused of misconduct, on leave Cal Poly students likely to pay for St. Fratty\u2019s Day damage to dorms Trial set for Cal Poly student who fired guns on campus <- Previous article hearing board approves Oceano Dunes dust agreement Next article -> Marijuana shops could be coming soon to The comments below represent the opinion of the writer and do not represent the views or policies of CalCoastNews.com. Please address the Policies, events and arguments, not the person. Constructive debate is good; mockery, taunting, and name calling is not. Comment Guidelines 5 George Bailey 05/02/2018 12:20 pm Communications studies lecturer William Ausmus is a friend of Bruce Gibson. Go figure. 0 Side_Show_Bob 05/02/2018 11:33 am Sounds like a crock of **** by someone jumping on the bandwagon looking for a big fat paycheck! It\u2019s unbelievable how ridiculous things have become. Popular Today Elderly woman fails to stop, motorcyclist killed in Lompoc Morro Bay City Council votes to ban battery storage facilities identifies Atascadero man killed in crash Driver killed in drunk driving crash near Santa Margarita Suspect breaks into San Luis Obispo apartment, assaults woman Santa Barbara County supervisors raise own pay 48% Disciplined San Luis Obispo police officer sues the city Could San Luis Obispo lose ownership of Canet Adobe? 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Tip Your Team [email protected] Advertise [email protected] Moderator [email protected] Site Issues [email protected] CalCoastNews CalCoastNews 18,036 followers 18,036 followers Follow Page Share Connect with us Key Practices To Cultivate Joy In Your Relationship Herbeauty Marissa Dubois: 6 Things That Will Blow Your Mind About The Star Herbeauty Critics Hated It, But Demi\u2019s $12.5M Striptease Changed Everything Herbeauty 2/27/25, 7:59 Cal Poly professor accused of misconduct 2/3 1 rukidding 05/02/2018 10:53 am Cal Poly-\u201cLearn by Doing?\u201d 0 kayaknut 05/02/2018 9:33 am As long as Armstrong can continue to receive his $750,000 salary and benefits he doesn\u2019t has time to worry about a little thing like this. 0 sloweb 05/02/2018 9:26 am \u201cCal Poly instructor who was known by administrators to have a history\u201d That is a serious allegation would like to see corroborative information that definitively supports that statement. 1 Subscribe Tip your team Subscribers Register Log in Entries feed Comments feed WordPress.org Home Uncovered Daily Briefs Discovered Eye o the Coast Opinion Screening Room Home Contact Us Advertise About Us Site Map Search Subscribe Notice Terms Of Service Privacy Policy Copyright \u00a9 2008-2023 Cal Coast News. 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