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

[star2city]

UND Admin did do something right recently...

http://chronicle.com...l-assault/37327

Since UND didn't publicly apologize (but publicly accused), UND's actions are still far from being vindicated.

[petey23]

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.

In cases like this, the accuser should get the jailtime the defendent would have got, plus have to pay for any manpower used to investigate as well as court costs.

[pando]

This is on the web now :-

The Grand Forks County District Court formally charged Warner's accuser with "False information or report to law enforcement officers or security officials," a Class A misdemeanor, and issued a warrant for her arrest on May 17, 2010.

Grand Forks County Sheriff's Dept Active Warrants 09-05-11

http://www.grandforkscounty.net/sheriff/warrants.pdf

There are 3 entries for "FALSE REPORT TO LE AGENCY" in the document.

One to a female, issued on 18 May 2010 to

JESSICA DENISSE MURRAY. b. 1991

[mksioux]

In a follow-up relating to the Caleb Warner story, the North Dakota legislature is debating a bill that would allow targets of disciplinary proceedings (except those involving academic dishonesty) on North Dakota's campuses the right to a lawyer and the lawyer would have the right to "fully participate" in the process.  And for serious punishment, the student would have the right to have a district court review the university's decision. This seems like a very good idea to me. The procedure used in Caleb Warner's case at UND was a joke.   

 

http://www.grandforksherald.com/news/crime-and-courts/3651448-legislators-introduce-bill-would-give-students-right-attorney-during

 

NDSU's general counsel provided comments against the legislation and I don't think he comes across looking good.

 

 

 

He raised concerns that the "educational process" of the disciplinary process would be lost if an advisor is able to act for a student. He also said that there would be the potential for a "disparate system" if some students were able to afford attorneys and others could not.

 

Let me get this straight, NDSU's general counsel wants to deny students accused of very serious crimes like sexual assault the right to a lawyer because it might be "educational" for them to go through a kangaroo court without a lawyer?  And because some students might not be able to afford a lawyer, he wants to make sure nobody can have one.  While this kind of thinking seems absurd to most reasonable people, unfortunately, it's in-line with the general thinking in higher education these days.

[farce poobah]

In a follow-up relating to the Caleb Warner story, the North Dakota legislature is debating a bill that would allow targets of disciplinary proceedings (except those involving academic dishonesty) on North Dakota's campuses the right to a lawyer and the lawyer would have the right to "fully participate" in the process.  And for serious punishment, the student would have the right to have a district court review the university's decision. This seems like a very good idea to me. The procedure used in Caleb Warner's case at UND was a joke.   

 

http://www.grandforksherald.com/news/crime-and-courts/3651448-legislators-introduce-bill-would-give-students-right-attorney-during

 

NDSU's general counsel provided comments against the legislation and I don't think he comes across looking good.

 

 

Let me get this straight, NDSU's general counsel wants to deny students accused of very serious crimes like sexual assault the right to a lawyer because it might be "educational" for them to go through a kangaroo court without a lawyer?  And because some students might not be able to afford a lawyer, he wants to make sure nobody can have one.  While this kind of thinking seems absurd to most reasonable people, unfortunately, it's in-line with the general thinking in higher education these days.

 

Kudos to the legislature for this.   I hope it passes.

[Redneksioux]

Kudos to the legislature for this. I hope it passes.

Did Caleb ever sue the university? Or did the university ever publicly apologize for the way they dragged him through the mud? Or is he still banned from campus?

[ScottM]

Kudos to the legislature for this.   I hope it passes.

 

Agree. 

 

One of concerns I have about these ad hoc proceedings, is that they effectively take a criminal matter with well-defined rules and move it to an administrative system that is stilted against one party or the other.  Invariably, one or both parties are harmed, so a well defined process that protects both parties is critical. If universities want to play "judge, jury and executioner", they need to do it in a transparent and consistent fashion that protects those involved in the process.

[mksioux]

The bill allowing legal representation for students charged with serious disciplinary charges by Universities passed the legislature with some amendments.  

 

http://www.grandforksherald.com/news/education/3726871-legislature-oks-bill-allowing-students-attorneys-take-part-disciplinary

 

I think this makes the process more fair and am glad this passed. But I also agree with David Hogue that Universities have no business adjudicating issues like sexual assault.  Granting the accused the right to a lawyer is better than railroading them, but even with this change, universities are not equipped to adjudicate serious criminal charges like sexual assault.  If a rape is alleged, police should be called and the matter should be handled by the legal system.