| Blog and Media Roundup - Wednesday, April 13, 2011; News Roundup | |
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| Tweet Topic Started: Apr 13 2011, 04:34 AM (432 Views) | |
| abb | Apr 13 2011, 04:34 AM Post #1 |
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http://www.heraldsun.com/view/full_story/12764367/article-UNC-confirms-student-lied-about-anti-gay-assault?instance=main_article UNC confirms student lied about anti-gay assault 04.13.11 - 12:05 am By Gregory Childress gchildress@heraldsun.com; 419-6645 CHAPEL HILL -- Quinn Matney, a UNC freshman who claimed he was branded on the left wrist with an unidentified hot metal object by an unknown assailant, lied about the assault. In an e-mail message Tuesday afternoon, UNC Chancellor Holden Thorp said an investigation by campus police determined that the assault never occurred. “That report, filed with campus police on April 5, was false,” Thorp said in his message to faculty, students and staff. “The university will not report it as a hate crime.” Because Matney told campus police the assailant used an anti-gay slur, the university planned to report the incident to the FBI as a federal hate crime. A university spokesman said Matney, 19, of Asheville, remains enrolled at UNC. The spokesman said charges for filing a false police report are likely. The lie began when Matney told police that he was assaulted the morning of April 4 near Craige Residence Hall after stopping on a nearby pedestrian bridge to chat with someone he knew. That’s when he claimed a college-age man, accompanied by two others he described as “very drunk,” approached him, called him the anti-gay slur, and assaulted him with the hot metal object. The assault was reported on April 5 at 4:07 p.m., some 36 hours after Matney said it occurred. He told police the incident happened at around 3:30 a.m. on April 4. Because news of the incident didn’t surface until this week, some members of the campus gay and lesbian community had been critical of UNC for not moving quickly to alert the campus. Thorp issued a statement Monday sternly condemning what turned out to be a false report. “As a university community, we condemn this act of violence,” Thorp said. Based on the available evidence to date, the university plans to report this incident as a hate crime to the federal government.” In an interview before UNC determined the assault report was a lie, Matney’s father, David Matney, also of Asheville, appeared to defend the university’s delay in notifying the campus, explaining that a mix-up with his son’s telephone number by campus police was the blame. David Matney III, a 1975 graduate of UNC, from which he also got his law degree, said that when a police officer took his son’s report, he errantly wrote down the wrong area code — 911 rather than the 828 exchange in Asheville. He said police officials made a call, but never got in touch with his son because of the mix-up. “On Saturday, we were trying to figure out why we hadn’t heard from anyone,” David Matney said. That’s when David Matney said he and his son decided to contact police again, which set the charade in motion. David Matney could not be reached late Tuesday afternoon after the university released the statement declaring the assault report a lie. Earlier, he explained that the reason his son was out so late was that he had gotten a call from a friend who asked him to meet her and walk her to her dormitory. Meanwhile, Thorp said in his statement that it’s important to be mindful that incidents of harassment really do occur. “When they do, we take them seriously,” Thorp said. “We strive to foster a welcoming, inclusive and safe environment at Carolina.” In an interview with The Chapel Hill Herald last August, Quinn Matney said he was a prospective chemistry and psychology double major student. Thorp knows him and the Matney family well. Vickie and David Matney III are members of the UNC Asheville Parents Club and have volunteered for various events at the UNC campus. Their son Garnett graduated last year, and another son, David IV, was finishing up at UNC this academic year. Garnett Matney ceremonially replaced Thorp as chancellor for a day before he graduated. The false report is not the first in recent years that has gotten media attention. In 2008, UNC student Brian Sharpe was found guilty in Orange County District Court for filing a false police report saying that a black man tried to rob him and pistol-whipped him in the head near Wilson Library. His claim came just three weeks after UNC Student Body President Eve Carson had been kidnapped, robbed and murdered near campus, and UNC students were already on edge and nervous when Sharpe made the claim. UNC officials sent out an alert that morning to students, faculty and staff to be wary because a violent robber had struck on campus. As police questioned his story, however, it fell apart, and he admitted he had hit himself in the head with his grandfather’s gun after he saw a cell phone video of his ex-girlfriend having sex with another man. Then he drove to campus and pretended he had been assaulted. Sharpe was sentenced to one year of supervised probation, ordered to pay a $500 fine, perform 100 hours of community service, have a mental health and drug/alcohol assessments and treatment if needed. — Chapel Hill Herald staff members Dan E. Way and Beth Velliquette contributed to this report. |
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| abb | Apr 13 2011, 04:40 AM Post #2 |
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http://falserapesociety.blogspot.com/2011/04/most-important-issue-this-blog-has-ever.html Tuesday, April 12, 2011 The Most Important Issue This Blog Has Ever Reported Under the Obama administration's new directive, a male accused of sexual assault may be expelled from college, and his freedom to go on to graduate school and obtain decent employment may be curtailed and even destroyed, even if there is only a very slight probability that he committed the assault. That's not hyperbole. There are generally three levels of standard of proof in adjudicative proceedings: "beyond a reasonable doubt" (applied in criminal cases); "clear and convincing evidence" (meaning that there is a high probability that the facts asserted are true); and "preponderance of the evidence" (the standard used in civil actions for money damages). Most college grievance procedures utilize either the "clear and convincing" standard or the "preponderance of the evidence" standard. Now, all must use the preponderance of the evidence standard. The U.S. Education Department's Office for Civil Rights has issued a letter dated April 4, 2011 to colleges setting forth unequivocal guidelines for handling claims of sexual harassment, including claims of sexual assault. In order to be in compliance with Title IX, for all sexual harassment claims (which include claims of sexual assault) that are brought before college grievance boards, the OCR makes clear that "the school must use a preponderance of the evidence standard," as opposed to the "clear and convincing evidence" standard currently used by many schools. The Education Department's directive that colleges impose a preponderance of the evidence standard in sexual assault grievance hearings has been called "legislating through administrative fiat, in a way that is arbitrary and capricious." See here. It is also likely the single most important issue this blog has ever reported on. Hans Bader posits a well-reasoned argument why the Education Department is wrong: "The Education Department’s position is based on a misunderstanding of who is subject to Title IX, the federal law banning schools from committing sex discrimination. Title IX’s requirements apply to schools, not individual students." Read the entire piece here. What does this mean in the real world? If the grievance hearing board finds that the complainant's story of the alleged incident is more credible than the accused's, even by a 50.0001 to 49.9999 percent margin, he packs his bags and is banned from the school forever. Forget law school, forget medical school. And good luck explaining that to prospective employers. His life has been effectively destroyed. And in making this determination, the school can have all the reasonable doubt in the world. The school need not even believe that there's a high probability (the "clear and convincing" standard) that he did it. The OCR's directive was premised on sloppy research (that one in five college women are victims of sexual assault or attempted sexual assault) because the survey respondents were self-selecting. That, of course, renders the findings completely meaningless. This is not even to mention that the the one-in-five standard is outrageously inconsistent with even a 90 percent under-reporting standard, see here, and that if that figure were accurate, our college campuses would be more dangerous places than even the Tadmor Prison in Syria, where the bloodthirsty guards butcher inmates with axes for the fun of it. Heather MacDonald calls the stats "bogus." Schools are already lowering their standards of proof in response to the OCR's directive. Stanford has just done it. Associated Students of Stanford University President Angelina Cardona applauded the move, noting: “Lowering of the standard of proof is absolutely crucial to the women’s community." Brandeis, too, will shift its standard of proof for internal hearings on sexual assault to a lesser burden, a university official said, pursuant to the OCR directive. Harvard Law School and U.Va. are feeling the heat as well: both are already "under investigation because they require sexual assault victims to prove their allegations by 'clear and convincing evidence' (about 80 percent proof) rather than the less rigorous, 'preponderance of evidence' standard (about 51 percent proof)." While it is a terrible thing for a young woman to see her rapist escape without punishment, it is an even more terrible thing to hold a young man responsible for a rape he didn't commit. The chances of making a mistake, and of doing exactly that -- holding a young man responsible for a rape he didn't commit -- have just skyrocketed with the Education Department's latest directive. It is not hyperbole: under this new directive, an accuser and a school are free to destroy the life of a young man even if there is only a very slight probability that he did anything wrong. Posted by Archivist at Tuesday, April 12, 2011 |
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| abb | Apr 13 2011, 04:57 AM Post #3 |
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http://www.newsobserver.com/2011/04/13/1126000/unc-ch-assault-report-was-false.html Published Wed, Apr 13, 2011 04:14 AM Modified Wed, Apr 13, 2011 05:14 AM UNC-CH: Assault report was false BY ERIC FERRERI - Staff Writer Published in: Crime/Safety Related Stories Related Images CHAPEL HILL A day after UNC-Chapel Hill Chancellor Holden Thorp labeled a reported assault on a freshman a hate crime, the university announced Tuesday that there had been no attack. "The Department of Public Safety has determined that the alleged aggravated assault reported to campus last night did not occur," Thorp wrote in a statement released Tuesday evening. "That report, filed with campus police on April 5, was false. The university will not report it as a hate crime." Now, the university will likely file charges against the student, Quinn Matney, according to university spokesman Mike McFarland. Matney told police an unidentified, college-age man approached him along the foot bridge near Craige Residence Hall at 3 a.m. April 4 and pressed a hot piece of metal into his wrist. Matney said the attacker called him an anti-gay slur, a claim that led the university to label the incident a hate crime and report plans to notify the FBI. Matney was besieged with media requests and told his story numerous times. "It is important to recognize that incidents of harassment do occur," Thorp continued in his statement Tuesday . "When they do, we take them seriously." Efforts to reach Matney were unsuccessful. Earlier Tuesday UNC-CH Police Chief Jeff McCracken said the investigation had found no suspects and had just Matney's word to go on. His father, David Matney, a lawyer in Asheville, told The News & Observer that his son suffered tendon and ligament damage. Quinn Matney was resilient enough, however, that after the attack he went to class to turn in a paper before heading to the emergency room, his father said. Efforts to reach David Matney and DeLuca on Tuesday evening were unsuccessful. eric.ferreri@newsobserver.com or 919-932-2008 |
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| abb | Apr 13 2011, 05:05 AM Post #4 |
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http://www.journal-news.com/opinion/politics-have-no-place-in-justice-1128894.html ‘Politics have no place in justice’ 11:08 AM Wednesday, April 6, 2011 In response to the letter by Butler County Prosecutor Michael Gmoser (“Prosecutor sets record straight”), March 27: Mike Gmoser and Mike Nifong may have more in common than a first name. This past week, a federal judge permitted the falsely accused Duke Lacrosse players to sue Nifong. The civil rights lawsuit can include malicious prosecution, concealment of evidence and fabrication of false evidence. Mike Nifong became infamous for the prosecution of three Duke lacrosse players. Nifong became prosecutor when he was appointed to serve an unexpired term. By 2006, he was fighting for his political future in a Democratic primary, and later, a general election. During the campaign, he brought criminal charges against three Duke lacrosse players for allegedly raping a female dancer. Nifong won re-election, but the criminal charges against the Duke lacrosse players were eventually dismissed. Nifong was later disbarred and highly criticized for taking the case public with a series of false accusations. It was alleged that he tried to manipulate witnesses and exaggerate facts. His alleged motive — using the case to his political advantage. Recently, Gmoser was appointed as prosecutor to fill an unexpired term. According to campaign statements, he will run in a primary and general election next year. The first few months of his administration have been focused on attacking and “investigating” his political opponent. Gmoser even told his opponent to lawyer up the very evening he was elected by the Butler County Republican central committee. The following day, during the course of the hearings, Gmoser readily spoke to the press. However, in a rare move, last week Gmoser “took the case public.” He wrote an article, published by a local paper, discussing matters pending before the court. First, a prosecutor should be professional and focused on justice. A prosecutor should be able to ignore the media’s criticism by having a thick skin. Second, when a prosecutor addresses the media, he should always err on the side of caution in his statements. Just last week, Gmoser exaggerated by saying the “judge ruled these indictments are defective.” However, the judge actually ruled that he would defer “to the appropriate court the validity of the indictments in these cases.” Last week, Gmoser’s office issued a new indictment to correct what he says were irregularities. This action could have been completed two months ago, but instead, Gmoser filed motions and issued subpoenas, causing a media sensation. Sensationalizing a case could be described as prosecutorial inexperience or political posturing. Politics have no place in a prosecutor’s office. Politics have no place in the courtroom. Politics have no place in justice. Mike Nifong learned that lesson the hard way. We can only hope Mike Gmoser learns this lesson before people’s lives and careers are ruined. Mike Allen Attorney Cincinnati Editor’s note: The letter writer represents former Butler County assistant prosecutor Jason Phillabaum in legal proceedings over alleged grand jury irregularities. |
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| abb | Apr 13 2011, 05:10 AM Post #5 |
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http://dukefactchecker.blogspot.com/2011/04/hate-crime-shocks-unc-campus-university.html 4/11/2011 Hate crime shocks UNC campus. University under fire for week-long delay in notifying students Following ripped off from the Daily Tar Heel website Quinn Matney was having trouble sleeping. As the freshman took a walk on South Campus at about 3 a.m. on April 4, he said he ran into an acquaintance on the Craige Residence Hall footbridge. As the two spoke, a man sitting at a nearby picnic table stood up and grabbed him by the wrist, he said. “Here’s a taste of hell you f—-ing fag,” Matney remembered the man saying. The man branded Matney, who is gay, on the left wrist with an unidentified object, causing third- and fourth-degree burns that damaged three nerves and a tendon, leaving the freshman with no feeling in his thumb and limited mobility in his index finger, he said. Matney said he tried to pull away — but the man didn’t let go until he received a hard punch to the face. Matney said he then walked away quickly, trying to distance himself from the man and his two friends, who both appeared drunk. “I’ve seen him two or three times before this, always out on that same bridge,” Matney said of the man, whose identity is unknown. Jeff DeLuca, co-chairman of the Gay, Lesbian, Bisexual, Transgender and Straight Alliance, said he is alarmed by the administration’s silence on the attack. University officials did not officially comment until a post on Alert Carolina on Monday evening, a week after the incident. “A very blatant hate crime against a GLBT individual occurred on this campus, and we only heard about it by word of mouth,” DeLuca said. The man is being sought on charges of aggravated assault, said Jeff McCracken, chief and director of the Department of Public Safety. “We don’t have any suspect information that we could comment on at this point in time,” he said. UNC plans to report the incident as a hate crime to the federal government, Chancellor Holden Thorp said in an informational e-mail to students. Matney said he thinks the man who attacked may have overheard conversations with friends in the past that might have revealed his sexual orientation. After going to the emergency room and leaving after hours of waiting the night of April 4, Matney said he received treatment at Campus Health Services the next day. Only then did he file a police report. The man appeared to be a white 19-year-old, standing 5 feet 10 inches, with a large build and short brown hair, he said. Matney is also trying to find the acquaintance he saw at the footbridge to corroborate his report. The witness, he said, was a male student he recognized but does not know by name. DeLuca said GLBTSA is holding a public forum to discuss the incident during its regular Thursday meeting, and has invited school administrators to attend. “The community has a right to feel kind of shocked and scared by what happened, but we’re here to try to allay those fears and let people know about the resources available and also to address the issue of how the student body was notified,” he said. “At GLBTSA our main concern, though, is making sure that we rally up around Quinn and do everything we can to support him in this time where he needs our community’s support the most.” Winston Crisp, vice chancellor for student affairs, said current notification methods warn students when there is an immediate danger. Crisp, who will attend the group’s Thursday meeting, said these policies are being reviewed, especially following last week’s armed robbery. “We have learned from feedback from the campus on recent events there may be a need for another level of information that we push out to the campus,” he said. Matney said doctors told him he will need to visit the burn unit and go through two weeks of occupational therapy for his injury, and that he might need surgery. “Despite the horridity of the event, it has let me see how much my community loves me,” he said. |
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| chatham | Apr 13 2011, 07:35 AM Post #6 |
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Faculty revolting against brodhead and lange 4/12/2011 Angry faculty draft petition demanding investigation of Kunshan Initiative. Rebuke of leadership of Brodhead, Lange. Several senior members of the faculty -- including at least three with endowed chairs -- have begun to draft a petition demanding a full investigation of the Kunshan Initiative. On Tuesday night, there was a flurry of e-mails being circulated in a direct challenge to the leadership of President Brodhead, if not tacitly a vote of no confidence. One source told a Deputy Fact Checker it would also be a rebuke of Provost Peter Lange. The senior professors say that they anticipate that in the next few days, hundreds of additional faculty will sign on. Their desire is to get the Academic Council or perhaps the Arts and Sciences Council to undertake the mission. One e-mail included this line: "Let me emphasize: the faculty could establish such a committee, regardless of whether the senior administration welcomes it or not. We are not their puppets." Fact Checker could not reach the chair nor chair-elect of the Academic Council Tuesday evening. Deputies assigned for Wednesday. The professors have multiple concerns, including a drain of resources and focus away from the mother campus in Durham while Duke pursues international adventures in Kunshan as well as nine other world cities. They note there is a crimp on the Arts and Sciences budget already, and it is likely to get worse when the Trustees vote in May on the budget starting July 1. The administration has been most vague in stating whether Kunshan is consuming Durham resources. One of the most definitive denials came in a press release ten days ago reporting on statements by President Brodhead -- but within hours the assurance that Duke-Durham's budget was secure was dropped and the news release re-posted. The professors are also angered by the failure of the Brodhead Administration to involve the faculty with planning, as required by courtesy and established principles of governance. One of the e-mails circulated Tuesday night was a copy of correspondence with President Brodhead, who dismissed concerns of one key faculty member by saying he was entitled to his views, but "I don't share them." "Are faculty to understand, then, that you "don't share" the view that they ought to be involved in a decision-making process of such magnitude as the Kunshan initiative? If so, considerations of honesty and clarity would dictate that you tell them expressly that they are no longer enfranchised in conceiving, deliberating, and deciding on matter of strategic planning in a timely fashion." Fact Checker has an incomplete list of the professors involved; we have permission to use only one name so far, and Deputy Fact Checkers are following up on a dozen more. We did not want to use the one name, lest undue focus be put on this one professor. Significantly, the senior faculty involved are not within the Fuqua School of Business, where for weeks, there has been rumbling over the grandiose sweep of ambition by Dean Blair Sheppard. One source in Fuqua -- given a copy of a key document late Tuesday evening-- responded "wow." A source on the other said of campus said the same thing. "Wow." Mr. Brodhead was in New York last night at a routine alumni gathering. His remarks were brief, and there was no opportunity for questions before the Alumni Department shifted the focus to a "conversation" between the President and a behavioral scientist. The Department has used this format for more than a year to isolate Brodhead. Fact Checker does not yet have a complete report on last week's Alumni Reunions; but it appears Brodhead skipped the traditional, annual "State of the University" address for the first time. Certainly the routine press release was not issued. Check back for updates. |
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| Quasimodo | Apr 13 2011, 08:59 AM Post #7 |
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Recall again that Nifong did NOT plan to add hate crimes charges (which would have brought in the FBI for an independent investigation. )
How about a word on how false accusations can also occur?
I realize this is a story about UNC, but how could anyone in Durham (except the HS) overlook the 800 lb. elephant (the Duke case)?
And Mangum got...a degree! |
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| Quasimodo | Apr 13 2011, 10:06 AM Post #8 |
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http://www.huffingtonpost.com/2011/04/13/sidney-harman-dead-newsweek-owner-dies_n_848520.html Sidney Harman Dead: Newsweek Owner Dies At 92 I've always wondered whether when he bought the financially troubled Newsweek he was working with a fully clear mind (and whether or not others might not have used his fortune instead). Now I guess we'll find out who the next (or real) owner(s) will be... and whether this was a good business deal or not... (MOO; I could be wrong...) Edited by Quasimodo, Apr 13 2011, 10:06 AM.
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