Scathing OP-ED in WSJ aimed at UND's admin

[star2city]

WSJ: Yes means yes - except on UND's campus

For a glimpse into the treacherous territory of sexual relationships on college campuses, consider the case of Caleb Warner.

On Jan. 27, 2010, Mr. Warner learned he was accused of sexual assault by another student at the University of North Dakota. Mr. Warner insisted that the episode, which occurred the month prior, was entirely consensual. No matter to the university: He was charged with violating the student code and suspended for three years. Three months later, state police lodged criminal charges against his accuser for filing a false police report. A warrant for her arrest remains outstanding.

Among several reasons the police gave for crediting Mr. Warner's claim of innocence was evidence of a text message sent to him by the woman indicating that she wanted to have intercourse with him. This invitation, combined with other evidence that police believe indicates her untruthfulness, has obvious implications for her charge of rape.

Nevertheless, university officials have refused to allow Mr. Warner a re-hearing—much less a reversal of their guilty verdict. When the Foundation for Individual Rights in Education (FIRE), a civil liberties group of which I am board chairman, wrote to University President Robert O. Kelley to protest, the school's counsel, Julie Ann Evans, responded. She wrote that the university didn't believe that the fact that Mr. Warner's accuser was charged with lying to police, and has not answered her arrest warrant, represented "substantial new information." In any event, she argued, the campus proceeding "was not a legal process but an educational one."

Codes banning "offensive" speech in the name of protecting the sensibilities of what are commonly designated historically disadvantaged groups—and the campus kangaroo courts that enforce them—have long threatened free expression and academic freedom. While real-world courts have invalidated many of these codes, the federal government has now put its thumb decisively on the scale against fairness on issues of sexual harassment and assault.

Caleb Warner now goes without a diploma and carries with him the stigma of a sexual predator. Unfortunately, the government's policy ensures that his will not be a unique case.

[star2city]

From Bismarck Tribune, March 6th: UND refuses to reopen case of expelled student

Documents obtained by The Associated Press show that Warner's lawyer requested the rehearing based upon a section in the student code that allows a case to be revisited if there is "substantial" new information. In a letter to Warner, Robert Boyd, UND's vice president of student and outreach services at the time, rejected the request and based it on a section that requires appeals to be filed within five days of any sanction.

Jim Vigness, the Grand Forks police detective who investigated the case, said he talked to the alleged victim after the warrant was issued, but wouldn't comment about what she said. It remains an open case, although it's unlikely she will face extradition to North Dakota, he said.

Asked about the UND hearing that resulted in Warner's expulsion, Vigness said, "All I can tell you is that the proceeding at the university took place before my investigation."

"I'm not obligated to talk to the person who is appealing to me, but I can't think of a circumstance when I have not," Boyd said.

Warner said he never talked with Boyd. "I don't know what he looks like," Warner said.

"In my 12 years as vice president, I am absolutely amazed that the effort that is made by members of the student relations committee to be fair and objective and non-prejudicial," Boyd said. "If they err at all, they err in trying to find some way for the student to re-enter the (UND) community."

Bismarck Tribune comment:

I can't believe there aren't more comments on this story. Where is the outrage at the injustice? Oh, that's right - if the story isn't about the wonderful faculty at UND taking a stand to remove the name and logo, no one seems to really care.

[star2city]

Grand Forks Police Report

Robert Boyd's Letter to Caleb Warner - Aug 26, 2010

FIRE Letter to Robert O. Kelley, May 11, 2011

UND's Response to FIRE - May 20, 2011

[IrishSiouxFan]

http://thefire.org/public/pdfs/9eefe8126a6e152dc3d9cb9b54f8d08a.pdf?direct

It states towards the bottom of the letter that Mr. Warner had appointed an attorney to represent him during the hearings. This is misleading, attorneys are allowed to be present but they are not allowed to address the committee to speak on the behalf of the accused. Leaving the accused (typically a 18-22 year old student) to defend themselves against the dean of students office whose representatives always have at least a PhD or an EdD. Not fair at all.

[ScottM]

Julie Ann Evans, responded. She wrote that the university didn't believe that the fact that Mr. Warner's accuser was charged with lying to police, and has not answered her arrest warrant, represented "substantial new information." In any event, she argued, the campus proceeding "was not a legal process but an educational one."

I see the fact that she's never had any legal experience outside of UND still hasn't stopped Julie from talking out of her a$$. I hope Mr. Warner sues UND, and certain administrators, and wins big time.

[Chewey]

I hope he sues them too. There certainly are damages. Julie has always been Julie and, for those of us who attended law school there, people know what that means. I'll leave it at that.

[star2city]

For those in Grand Forks, did this story get any media time? A google search showed that WDAZ reported on it, but no indication the Herald lifted a finger.

Rather bizarre that a national organization and a national news media would be outraged by an incident at UND, yet there is no outrage either by faculty/students at UND or even coverage in the local paper.

Is Grand Forks media so insular that they can't grasp the bigger issues?

[jedi]

I interacted with Bob Boyd and Julie Evans in my time at UND. Boyd was a puritan who always brought up the fact that he didn't drink. Evans was a total harda$$ who wouldn't comply with a open records request until I brought her conduct to the attention of the Attorney General's Office. I am not surprised they aren't giving this kid a break.

[star2city]

The Rape of Caleb Warner

There is no indication whatsoever that Evans has contemplated the possibility that there is something very wrong with the UND judicial system

[iramurphy]

It seems that in the letter from Evans she points out that just because the "victim" is accused of making false statements, and is accused of lying, and doesn't return for a hearing, she isn't guilty. Shouldn't the same standard be applied to Warner? Was he ever found guilty? Just because he was accused doesn't mean he is guilty.

[GeauxSioux]

Someone has has some 'splaining to do.

Seriously, this is a black eye for the University. Wrongs need to be made right. The sad part about this is that UND's General Counsel is the one messing this up. You would think it may be possible for a department head to make an error in judgment that needs to be corrected, but this is the bloody head legal person at UND.

[ScottM]

Someone has has some 'splaining to do.

Seriously, this is a black eye for the University. Wrongs need to be made right. The sad part about this is that UND's General Counsel is the one messing this up. You would think it may be possible for a department head to make an error in judgment that needs to be corrected, but this is the bloody head legal person at UND.

Very few general counsels get that role unless they have substantial in-house and/or law firm experience. Julie has none. IIRC her only experience was running the centralized legal function at the law school, and perhaps some teaching of basic law classes. As I implied earlier, let's just say she's always been "out of her depth". And this time, it has the potential to turn UND into a costly laughingstock.

Linky

[Cratter]

Front page Herald article, say, a month or so ago. Literally stated something like this: "SBHE meets and Doesn't Discuss Nickname Issue."

WOW. Talk about an agenda.

[Chewey]

The Rape of Caleb Warner

Why did a newspaper in Williston understand how grievous the Caleb Warner situation was back in March, yet the Herald and local media said almost nothing?

UND could be forced to show the money in Caleb Warner situation

But I thought the nickname and logo were the things that brought all of the negative publicity to UND and makes it a "laughing stock" among the academic pointy-heads.

[Goon]

It seems that in the letter from Evans she points out that just because the "victim" is accused of making false statements, and is accused of lying, and doesn't return for a hearing, she isn't guilty. Shouldn't the same standard be applied to Warner? Was he ever found guilty? Just because he was accused doesn't mean he is guilty.

I see UND losing it's ass in a lawsuit...

[andtheHomeoftheSIOUX!!]

There are plenty of frivolous lawsuits out there, but this is a legitimate case and what lawsuits are intended for.

[The Sicatoka]

Want the fundamental issue?

A recent

[The Sicatoka]

What I find most disturbing about this is that most campus administrators today, the ones that write these "code of student conduct" documents, were the (WARNING: massive stereotyping and generalization to follow) campus insurgents back in the 1960s and 1970s. They were the ones that said don't trust anyone over 40 and were proud when their actions caused campus disruptions.

Now that they have the power they are acting exactly the way they claimed they never would if they were in charge.

Power corrupts; absolute power corrupts absolutely.

[Teeder11]

The Rape of Caleb Warner

UND could be forced to show the money in Caleb Warner situation

Star,

Point of clarification... The original story about Caleb Warner and his case with UND was published as an Associated Press Story on March 6, 2011. It actually appeared in the Herald, the next day on Monday, March 7, with a photo image of Caleb Warner. Two days later, on the same day that the Williston Herald reporter wrote his piece, Tom Dennis came out with his own take on the situation in an editorial, which you can read below in its entirety. The Williston Herald reporter and Tom Dennis cited the same AP story as their main source for information to form their opinions.

Tom Dennis Editorial, March 9, 2011:

Should UND reopen the case of Caleb Warner, the former student who was expelled from school for reasons that now have been cast into doubt? Let's put the answer this way: UND should consider reopening the case.

Based on the story in Monday's Herald, there seems to be a fair chance that an injustice was done and that Warner was wrongly disciplined ("UND refuses to reopen expelled student case,"

But make no mistake: That's ultimately for UND to decide. Cases such as these that involve privacy laws always are tough for the media to report. Readers typically get the aggrieved person's side of the story, but the rules prevent the other side - in this case, UND's side - from fully presenting its case.

So, there may well be more to the story than was reported in the newspaper. If that's the case, then UND has every right to let the expulsion stand.

But the school should review the circumstances before it makes a final decision. That's especially true because campus disciplinary hearings don't give an accused the same due-process rights that he or she would get in a courtroom - including the right to various appeals.

That raises the odds of a miscarriage of justice. UND should be diligent about discovering whether that happened here.

"The school told Caleb Warner not to set foot on campus for three years, after a student relations committee ruled in February 2010 that he violated four sections of UND's code of student life, including 'violation of criminal or civil laws,'" the story reported.

Warner was never arrested and never charged. "He admitted having sex with the alleged victim, a UND student at the time, but has maintained it was consensual."

And not long after Warner had to leave campus, "Grand Forks police issued an arrest warrant against the alleged victim for filing a false report to law enforcement. Warner asked for a rehearing based on new information, but was denied for reasons that didn't jibe with his request."

There the matter stands.

Clearly, questions remain that the story didn't answer. What was the nature of Warner's other three actions that brought the censure of the student relations committee? Did alcohol play a role in the incident or incidents? How strongly do the police suspect that the alleged victim lied?

Perhaps most tellingly, why do the officers suspect that about her? Based solely on the news story, there isn't enough information to exonerate Warner. But there's certainly enough to raise questions about his case, which is why it became a news story in the first place.

Harvey Silverglate, a civil rights attorney and expert on college disciplinary rules, echoes that thought when he's quoted in the story.

"Law enforcement agencies do not lightly charge complainants in sexual assault cases with filing a false report," Silverglate said.

"It seems to be that the campus tribunal has an obligation - surely moral and ethical and arguably constitutional as well - to reopen the case to examine the basis for the criminal justice's system of filing a false statement."

Most readers likely reacted as Silverglate did when confronted with the facts in the story. That doesn't mean Silverglate or the readers are right. But it does mean UND must weigh the evidence with care before declaring that they're wrong.

- Tom Dennis for the Herald

[NativeGFer]

Why didn't Mr. Dennis contact Mr. Warner and or his attorney and simply ask what the other charges were?

If the sole basis for Mr. Warner being brought in front of a disciplinary hearing was to defend himself against the charge of "suspected" rape of a fellow student, then why doesn't the University take the same step and ask the accuser to defend herself against an alleged filing of a false police report?

[star2city]

Star,

Point of clarification... The original story about Caleb Warner and his case with UND was published as an Associated Press Story on March 6, 2011. It actually appeared in the Herald, the next day on Monday, March 7, with a photo image of Caleb Warner. Two days later, on the same day that the Williston Herald reporter wrote his piece, Tom Dennis came out with his own take on the situation in an editorial, which you can read below in its entirety. The Williston Herald reporter and Tom Dennis cited the same AP story as their main source for information to form their opinions.

Teeder:

You made my point. The Herald never put its own journalist on the story. Instead, it relied on the AP's report for a story in its own backyard. As far as Dennis' editorial, it handled Kelley's administration with kid gloves. Reminiscent of the Fargo Forum going to bat for Chapman for years (even doing Chapman's dirty work), only to result in both Chapman and the Forum being presented later as the corrupt entities they truly were.

The Herald can do so much better, Teeder.

[JackJD]

What I find most disturbing about this is that most campus administrators today, the ones that write these "code of student conduct" documents, were the (WARNING: massive stereotyping and generalization to follow) campus insurgents back in the 1960s and 1970s. They were the ones that said don't trust anyone over 40 and were proud when their actions caused campus disruptions.

Now that they have the power they are acting exactly the way they claimed they never would if they were in charge.

Power corrupts; absolute power corrupts absolutely.

The actual age was 30, not 40. Jerry Rubin, one of the leaders of the "Yippies", said 'don't trust anyone over 30.' Nonetheless, your point is worth noting. Many making rules and enforcing rules belong to the generation that will be remembered as one which spent its youth rejecting authority. (Hey, I'm 57 so I guess that's my generation -- the Baby Boomers.) Of course, as you noted, 'massive stereotyping' going on here; but, we can now see that the baby boomers have more than its fair share of jerks and idiots.

No matter how one cuts it, its seems like there's a few people runnin amok in Grand Forks (this could happen on many college campuses). At the very least, the women's claims have been seriously called into question and further investigation should take place.

[Teeder11]

Teeder:

You made my point. The Herald never put its own journalist on the story. Instead, it relied on the AP's report for a story in its own backyard. As far as Dennis' editorial, it handled Kelley's administration with kid gloves. Reminiscent of the Fargo Forum going to bat for Chapman for years (even doing Chapman's dirty work), only to result in both Chapman and the Forum being presented later as the corrupt entities they truly were.

The Herald can do so much better, Teeder.

I wasn't defending/criticizing the Herald or Doug Barrett with KNOX radio, or Neil Carlson with KVLY-TV, or name any reporter with WDAZ, or any other hometown media who didn't do the story first. My clarification was that it did appear in the local media before it did appeared in the Williston Herald.

Now I will offer some context that will border on defense of the local media (all local media; everyone seems obsessed with the newspaper): Scoops happen all the time in the media. This was quite certainly an AP exclusive, or AP scoop. My hunch is that local reporters had no idea that this was even taking place at UND. Yes, that is sad, but things like that fall through the cracks all the time. I am sure there are a lot of things going on at UND, or Altru/Mayo or American Crystal Sugar, or the State Mill, or Noridian or the Alerus Center or the Air Base, etc. that the local media does not know about and that the public would love to know about. So, if this was an AP exclusive, there is no way that the local media was going to find out until the story was done (if they didn't stumble upon it themselves). Once the story was ready, then and only then, was it shared with all AP member newspapers and media that cared to run it. The Grand Forks local media jumped on it right away as it was a story originating in their coverage areas. No cover up, no apologist motives on the media's part. It was just a case where one media (AP) got a tip or got info that others did not. They (AP) did the story first and the others followed on.

[GeauxSioux]

UND Admin did do something right recently...

The University of North Dakota has lifted sanctions against a former student it dismissed last year for sexual assault but whose alleged victim was later criminally charged with filing a false report.

http://chronicle.com/blogs/ticker/u-of-north-dakota-reverses-expulsion-after-alleged-false-report-of-sexual-assault/37327

[ScottM]

So, Mr, Warner gets publicly dragged through the mud on the basis of a false report, and UND's "kangaroo court", but the "complainant" gets to maintain her anonymity and won't face a judge? Lovely. I still think he should sue UND.