| Duke Files New 732 Page Answer in Civil Suits; Duke Denies Fraud; Text of McFadyen Answer | |
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| Tweet Topic Started: Apr 15 2011, 01:22 AM (2,907 Views) | |
| sceptical | Apr 15 2011, 12:06 PM Post #46 |
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496. (...) Duke University denies that members of the Duke University Police Department “orchestrated” any “mass interrogations” of any members of the men’s lacrosse team. Duke University denies the remaining allegations. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, former Director Drummond, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy deny the allegations. 497. The claims against Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Duke University specifically denies that Executive Vice President Trask knew the things alleged in Paragraph 496. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 498. Duke University admits that on March 24, 2006, Executive Vice President Trask met with Coach Pressler, the four co-captains of the men’s lacrosse team, Joe Alleva, and Chris Kennedy. Duke University further admits that at this meeting Executive Vice President Trask asked the lacrosse co-captains to explain what had happened at the party. Duke University further admits that the lacrosse co-captains Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 180 of 460 181 initially told Executive Vice President Trask that their lawyer had advised them not to speak of the events at issue. Duke University admits that at the meeting the lacrosse cocaptains gave Executive Vice President Trask an account of what happened at the party. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 499. The claims against Executive Vice President Trask, Provost Lange, Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan, and former Vice President Dawkins were dismissed by the Court’s Order of March 31, 2011. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, and former Director Drummond deny that they or anyone acting on behalf of Duke University “attempted to coerce” the Plaintiffs into waiving their constitutional rights. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, and former Director Drummond deny that they ever claimed the existence of a “privilege” and further deny that they “insisted” the plaintiffs “speak” in the absence of their attorney. Duke University denies that Executive Vice President Trask ever disclosed to members of the Durham Police Department what happened at the meeting on March 24, 2006. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, and former Director Drummond deny that they attended the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 181 of 460 182 meeting on March 24, 2006. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, and former Director Drummond deny the remaining allegations. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within “Duke Administrators”, an undefined term used in Paragraph 499, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 500 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 500. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 501. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 182 of 460 183 To the extent that the heading that precedes Paragraph 502 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 502. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that former District Attorney Nifong generated significant media coverage regarding the investigation into Ms. Mangum’s allegations. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in subparagraphs A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O, and, therefore, deny the remaining allegations. (snip) 506. Former Senior Vice President Burness denies that he made any statements “to stir up the outrage of the media” whether “on condition of anonymity”, “not-forattribution”, or otherwise. Former Senior Vice President Burness denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 507 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 184 of 460 185 snip 520. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange, Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan, PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. To the extent any of the Duke University Defendants, Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Duke University personnel” or “University officials,” undefined terms used in Paragraph 520, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Duke University denies the allegations. Case 1: |
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| sceptical | Apr 15 2011, 12:10 PM Post #47 |
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snip 524. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange, Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan, PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. To the extent any of the Duke University Defendants, Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Duke Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 190 of 460 191 University officials,” an undefined term used in Paragraph 524, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Duke University denies that it, or anyone acting on its behalf, has the “authority to institute corrective measures on behalf of the City of Durham” or the ability to “correct the conduct” of any action taken on behalf of the City of Durham. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 525 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 525. Duke University denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 526. Duke University admits that when the Duke Police Department needed information to help solve a crime, the investigator in charge of the case would contact David Addison to have the request for assistance distributed through CrimeStoppers. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 191 of 460 192 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 527. The claims against Lieutenant Stotsenberg and Major Cooper were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Lieutenant Stotsenberg and Major Cooper served as liaisons to CrimeStoppers. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 528 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 528. The claims against Executive Vice President Trask, Provost Lange, and Vice President Moneta were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel specifically denies any “objective to force a trial and convictions.” Former Chairman Steel further specifically denies that he had any “Crisis Management Team.” Former Chairman Steel denies the remaining allegations. Duke University, President Brodhead, and former Senior Vice President Burness deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 192 of 460 193 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 529 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 529. Duke University and John Burness admit that John Burness served as Senior Vice President for Public Affairs and Government Relations at Duke University until June 30, 2008. Duke University and former Senior Vice President Burness admit that former Senior Vice President Burness was frequently called upon to speak on behalf of Duke University. Duke University and former Senior Vice President Burness deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 530. Former Senior Vice President Burness denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 531. Former Senior Vice President Burness denies the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 193 of 460 194 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 532. Former Senior Vice President Burness denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 533. Former Vice President Burness denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 534 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. |
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| sceptical | Apr 15 2011, 12:12 PM Post #48 |
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535. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange, Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan, PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations in the introductory paragraph. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 195 of 460 196 With respect to subparagraph A, Duke University is without knowledge or information sufficient to form a belief about whether Provost Lange said the exact words that are quoted in subparagraph A and, therefore, denies the allegations. To the extent that the allegations purport to characterize a statement made by Provost Lange, Duke University denies the characterization. With respect to subparagraph B including subparts i, ii, iii, and iv, President Brodhead admits that on March 28, 2006, he issued a public statement that announced the suspension of the lacrosse season. President Brodhead admits that he made statements that included the language quoted in subparagraph B, including subparts i, ii, iii, and iv. To the extent this subparagraph, including subparts i, ii, iii, and iv, purports to characterize portions of these statements, President Brodhead denies that characterization. President Brodhead denies the remaining allegations in subparagraph B. President Brodhead is without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in the introductory paragraph and in subparagraphs A and C, and, therefore, denies the remaining allegations. With respect to subparagraph C, former Senior Vice President Burness admits that the statement in this paragraph attributed to him was part of a quote that appeared in an article in The Chronicle on March 26, 2006. To the extent this subparagraph purports to characterize portions of this statement, former Senior Vice President Burness denies that characterization. Former Senior Vice President Burness denies the remaining allegations Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 196 of 460 197 in subparagraph C. Former Senior Vice President Burness is without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained the introductory paragraph and in subparagraphs A and B, and, therefore, denies the remaining allegations. Except to the extent that the allegations have been admitted, Duke University denies the allegations, including the allegations contained in the introductory paragraph and in subparagraphs A and B. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within “Duke Officials,” an undefined term used in Paragraph 535, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations, including the allegations contained in the introductory paragraph and in subparagraphs A, B, and C. The remaining Duke University Defendants, Duke University Police Defendants, and the Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in the introductory paragraph and in subparagraphs A, B, and C, and, therefore, deny the remaining allegations. To the extent that the heading that precedes Paragraph 536 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 197 of 460 198 536. President Brodhead and the remaining Duke University Defendants deny the allegations. The Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 537. President Brodhead denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 538. President Brodhead denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 539. President Brodhead denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 540. Duke University denies that there was a “massive public stigmatization” of the Plaintiffs by the faculty members of Duke University. Duke University denies the remaining allegations. President Brodhead deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 198 of 460 199 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 541 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 541. Duke University admits that on March 25, 2006, former Athletic Director Alleva and President Brodhead made public statements about the forfeiture of two lacrosse games. To the extent this paragraph purports to characterize portions of former Athletic Director Alleva and President Brodhead’s statements, Duke University denies that characterization. Duke University denies the remaining allegations. President Brodhead admits that on March 25, 2006, he made public statements about the forfeiture of two lacrosse games. To the extent this paragraph purports to characterize portions of those statements, President Brodhead denies the characterization. President Brodhead denies the remaining allegations. Former Chairman Steel denies that he directed President Brodhead and former Athletic Director Alleva to make any announcements or to forfeit any lacrosse games. Former Chairman Steel denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 199 of 460 200 542. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 543. Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Former Chairman Steel denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. To the extent that the headings that precede Paragraph 544 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 544. Duke University admits that it follows a practice of academic freedom and that faculty and students are free to exercise their individual First Amendment right to free speech. Duke University further admits that some of its employees, including Faulkner Fox, engaged in their constitutional right of free speech by participating in gatherings. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 200 of 460 201 545. Duke University admits that it follows a practice of academic freedom and that faculty and students are free to exercise their individual First Amendment right to free speech. Duke University admits that some individuals who were employed by Duke University engaged in their constitutional right of free speech by participating in gatherings such as the one that occurred on Sunday, March 26, 2006. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations, and, therefore, denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 546. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a video recording, referenced as Attachment 15 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 547. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 201 of 460 202 548. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 549. Duke University denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 550. Duke University admits that it follows a practice of academic freedom and that faculty and students are free to exercise their individual First Amendment right to free speech. Duke University admits that some individuals who were employed by Duke University engaged in their constitutional right of free speech by participating in gatherings such as the one that occurred on Sunday, March 26. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in subparagraphs A, B, C, and D, and, therefore, denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations, including the allegations contained in subparagraphs A, B, C, and D, and, therefore, deny the allegations. 551. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 202 of 460 203 To the extent that the heading that precedes Paragraph 552 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 552. Duke University admits that Professor John Reeve Huston is an Associate Professor in its History Department. Duke University is without knowledge or information sufficient to form a belief about the truth of the allegations about statements made by Professor Huston in his class, and, therefore, denies those allegations. Duke University denies the remaining allegations, including the allegations contained in subparagraphs A, B, and C. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations, including the allegations contained in subparagraphs A, B, and C, and, therefore, deny the allegations. 553. Duke University admits that Plaintiffs McFadyen and Archer, and other members of the men’s lacrosse team, were enrolled in Professor Huston’s course during the Spring 2006 semester. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1: |
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| Quasimodo | Apr 15 2011, 12:15 PM Post #49 |
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I guess that means they favor discovery? Or that discovery is necessary to get at the truth? |
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| sceptical | Apr 15 2011, 12:17 PM Post #50 |
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554. Duke University admits that it follows a practice of academic freedom and that faculty and students are free to exercise their individual First Amendment right to free speech. Duke University admits that some individuals who were employed by Duke University, including Father Vetter, engaged in their constitutional right of free speech. Duke University admits that on March 26, 2006, Father Vetter gave a homily at Duke Chapel, which included the language quoted in this paragraph. To the extent this paragraph purports to characterize Father Vetter’s homily, Duke University denies the characterization. Duke University denies that Father Vetter “presumed the guilt of the Plaintiffs and their teammates.” Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 555 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 555. Duke University specifically denies that it, or anyone acting on its behalf, was aware of all of the public acts or statements of its employees. Duke University admits that it follows a practice of academic freedom and that faculty and students are Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 204 of 460 205 free to exercise their individual First Amendment right to free speech. Duke University admits that some individuals who were employed by Duke University, including faculty members, engaged in their constitutional right of free speech by assembling and participating in gatherings of various sorts. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 556. Duke University specifically denies that it, or anyone acting on its behalf, was aware of all of the public acts or statements of its employees alleged by Plaintiffs. Duke University specifically denies that anyone acting on behalf of Duke University publicly presumed the teams’ guilt or publicly condemned the members of the Duke University men’s lacrosse team. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 557. Duke University specifically denies that it, or anyone acting on its behalf, participated in “stigmatizing conduct.” Duke University is without knowledge or information sufficient to form a belief about the truth of the allegations regarding the conduct of employees of the City of Durham and, therefore, denies these allegations. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 205 of 460 206 The remaining Duke University Defendants, the Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 558. To the extent any of the Duke University Defendants, Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Duke University officials” or “University Officials Defendants,” undefined terms used in Paragraph 558, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that some individuals who were employed by Duke University engaged in their constitutional right of free speech by expressing their personal opinions about Ms. Mangum’s allegations and the ongoing investigation of those allegations. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that they, or anyone acting on their behalf, “publicly proclaimed Plaintiffs’ guilt, called for their castration, or otherwise publicly condemned them.” The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they or anyone acting on their behalf “adopted”, “ratified”, or “condoned” any stigmatization of Plaintiffs. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 206 of 460 207 To the extent that the headings that precede Paragraph 559 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 559. Duke University denies that it, or anyone acting on its behalf, scheduled any “interrogations” of the Plaintiffs. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the remaining allegations. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 560. Duke University denies that any home was “vandalized” in the presence of members of the Duke University Police Department. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 561. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 207 of 460 208 562. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. To the extent that the heading that precedes Paragraph 563 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 563. Duke University admits that the co-captains of the Duke University men’s lacrosse team made a public statement on or about March 28, 2006, that included the words quoted in this paragraph. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. snip (General denial paragraphs) 567. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. To the extent that the heading that precedes Paragraph 568 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. |
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| sceptical | Apr 15 2011, 12:19 PM Post #51 |
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581. Duke University and President Brodhead admit that Duke University issued a statement from President Brodhead on March 29, 2006. Duke University and President Brodhead deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 582. Duke University and President Brodhead admit that on March 29, 2006, President Brodhead made the public statement quoted in Paragraph 582. To the extent Paragraph 582 suggests that the language quoted therein constituted the entirety of President Brodhead’s statement, Duke University and President Brodhead deny that suggestion. President Brodhead and Duke University deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 583. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 213 of 460 214 To the extent that the headings that precede Paragraph 584 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 584. Duke University admits that the language quoted in Paragraph 584 was part of an editorial written by Professor William Chafe that appeared in The Chronicle on March 31, 2006. Duke University admits that Duke University follows a practice of academic freedom and that faculty, like Professor William Chafe, are free to exercise their individual First Amendment rights to free speech. To the extent that Paragraph 584 suggests that language contained therein constituted the entirety of Professor Chafe’s editorial on March 31, 2006, Duke University denies the suggestion. To the extent this paragraph purports to characterize Professor Chafe’s editorial, Duke University denies the characterization. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 585 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 585. Duke University admits that the language quoted in Paragraph 585 was part of a letter dated March 29, 2006, and written by Houston Baker, a former professor at Duke University, to Provost Peter Lange and that was released publicly. Duke University Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 214 of 460 215 further admits that it follows a practice of academic freedom and that professors, like Professor Baker, are free to exercise their individual rights to free speech guaranteed by the First Amendment. To the extent this paragraph purports to characterize Professor Baker’s letter, Duke University denies the characterization. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 586. The claims against Provost Lange were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Provost Lange, Duke University’s top academic officer, publicly responded to Dr. Baker’s letter and chastised him for his prejudgment. To the extent this paragraph purports to characterize Provost Lange’s response, Duke University denies the characterization. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 587 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 215 of 460 216 587. Duke University admits that Duke University follows a practice of academic freedom and that faculty, like Dean Sam Wells, are free to exercise their individual First Amendment rights to free speech. To the extent that the paragraph suggests that language contained therein constituted the entirety of Dean Wells’s remarks on April 2, 2006, Duke University denies the allegations. To the extent this paragraph purports to characterize a portion of Dean Wells’s remarks, Duke University denies the characterization. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 588. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 589. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any “agreement” as alleged within Paragraph 589. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 216 of 460 217 snip (General denial paragraphs) |
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| sceptical | Apr 15 2011, 12:24 PM Post #52 |
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600. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that they “aided” in obtaining the email authored by Plaintiff McFadyen. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 601. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 602. Former Chairman Steel specifically denies directing Duke University Police Department’s “official policymaking authority” during the Durham Police Department’s criminal investigation of Ms. Mangum’s allegations. Former Chairman Steel denies the remaining allegations. Duke University denies the allegations. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within the “Duke University officials with policymaking authority,” an undefined term used in Paragraph 602, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 219 of 460 220 belief about the truth of any remaining allegations in this paragraph and, therefore, deny any remaining allegations. snip 613. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 614. Sergeant Smith admits that he accompanied Officer Himan and Officer Gottlieb to Plaintiff McFadyen’s room and that he stood outside of the room while Officer Himan and Officer Gottlieb searched the room. Sergeant Smith denies the remaining allegations. The Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 615. Sergeant Smith specifically denies that he had knowledge of any falsification of “material allegations” in any Warrant Affidavit. Sergeant Smith further specifically denies that he was aware of any violations of Plaintiff McFadyen’s constitutional rights. Sergeant Smith denies the remaining allegations. The Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. snip (General denial paragraphs) 627. Duke University, former Associate Vice President Graves and former Director Dean admit that on or about March 29, 2006, former Associate Vice President Graves and former Director Dean met with members of the Durham Police Department and employees of the City of Durham, including Mark Gottlieb, Benjamin Himan, and Ronald Hodge and City Manager Patrick Baker. Duke University, former Associate Vice President Graves, and former Director Dean deny the remaining allegations. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 628. Duke University denies that it, or anyone acting on its behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. Duke University denies the remaining allegations. The remaining Duke University Defendants, the Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 629. The claims against Nurse Arico were dismissed by the Court’s Order of March 31, 2011. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants, including Nurse Levicy, specifically deny any participation in any Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 225 of 460 226 sort of conspiracy as alleged within this Second Amended Complaint. Duke University denies that it, or anyone acting on its behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 630. Duke University denies that it, or anyone acting on its behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. The remaining Duke University Defendants, the Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 631. Duke University, former Associate Vice President Graves and former Director Dean admit that on or about March 29, 2006, former Associate Vice President Graves and former Director Dean met with members of the Durham Police Department and employees of the City of Durham. Duke University, former Associate Vice President Graves and former Director Dean deny that they, or anyone acting on their behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. Duke University, former Associate Vice President Graves and former Director Dean deny the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 226 of 460 227 remaining allegations, including the allegations contained in subparagraphs A, B, C, D, E, F, and G. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations, including the allegations contained in subparagraphs A, B, C, D, E, F, and G, and, therefore, deny the allegations. 632. Duke University, former Associate Vice President Graves and former Director Dean admit that on or about March 29, 2006, former Associate Vice President Graves and former Director Dean met with members of the Durham Police Department and employees of the City of Durham. Duke University, former Associate Vice President Graves and former Director Dean deny the remaining allegations. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 633. The claims against Executive Vice President Trask, Provost Lange, former Vice President Dawkins, former Assistant Chief Humphries, Vice President Moneta, former Secretary Haltom, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, and Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 227 of 460 228 Former Chairman Steel, President Brodhead, former Associate Vice President Graves, former Senior Vice President Burness, Chancellor Dzau and former Director Dean deny the allegations. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 634. Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Former Chairman Steel denies the remaining allegations. Duke University denies that it, or anyone acting on its behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 635. Duke University denies the allegations. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within “these Duke University . . . officials with policymaking authority,” an undefined term used in Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 228 of 460 229 Paragraph 635, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth any remaining allegations and, therefore, deny any remaining allegations. 636. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that they, or anyone acting on their behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 637. Duke University denies that it, or anyone acting on its behalf, was part of any “Joint Command” as alleged within this Second Amended Complaint. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 638. Duke University admits that a “Community of One” announcement was published in local newspapers and endorsed by Mayor Bill Bell, Chancellor James Ammons and President Brodhead. To the extent Paragraph 638 purports to characterize this announcement, Duke University denies the characterization. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 229 of 460 230 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 639. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 640. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. To the extent that the headings that precede Paragraph 641 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 641. The allegation in Paragraph 641 calls for a legal conclusion to which no response is required. To the extent that a response is required, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the |
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| Quasimodo | Apr 15 2011, 12:25 PM Post #53 |
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I guess that means a lynch mob is OK? |
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| Quasimodo | Apr 15 2011, 12:27 PM Post #54 |
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How about being aware of SOME of those acts and statements? |
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| Quasimodo | Apr 15 2011, 12:29 PM Post #55 |
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How about "sometimes good people have to suffer for the good of the organization" (Robert K. Steel) ? (the Chairman's directive) Edited by Quasimodo, Apr 15 2011, 12:30 PM.
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| sceptical | Apr 15 2011, 12:29 PM Post #56 |
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647. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. DUHS and Nurse Levicy admit that Nurse Levicy had successfully completed her SANE training on March 14, 2006, and was awaiting her certificate of completion to arrive in the mail. DUHS and Nurse Levicy are without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in subparagraphs A, B, C, D, and E, and, therefore, deny the remaining allegations. The Duke University Defendants, Duke University Police Defendants and remaining Duke SANE Defendants are without knowledge or information sufficient to Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 232 of 460 233 form a belief about the truth of the allegations, including the allegations contained in subparagraphs A, B, C, D, and E, and, therefore, deny the allegations. snip (general denial paragraphs) 666. Former Associate Vice President Graves specifically denies that he had any involvement with the photo identification procedure that the Durham Police Department arranged with Ms. Mangum. Former Associate Vice President Graves is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the allegations. The Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. snip 696. The claims against Vice President Moneta, Associate Dean Bryan, and Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 241 of 460 242 Duke University admits that on April 5, 2006, Vice President Moneta issued an interim suspension for Plaintiff McFadyen. Duke University further admits that Plaintiff McFadyen, Plaintiff McFadyen’s lawyer, and personnel in the English Department were not consulted before the interim suspension was imposed. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 697. The claims against Dean Wasiolek, Provost Lange, Vice President Moneta, former Secretary Haltom, and Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Dean Wasiolek attempted to locate Plaintiff McFadyen because of concerns about his safety after the public release of his email and to discuss the interim suspension. Duke University admits that Dean Wasiolek received a telephone call from Plaintiff McFadyen’s attorney and that Dean Wasiolek invited Plaintiff McFadyen and his attorney to the Student Affairs Office to discuss the situation. Duke University further admits that Plaintiff McFadyen authorized the public release of his interim suspension from his disciplinary records maintained in the Office of Judicial Affairs. Duke University denies the remaining allegations. Former Chairman Steel, President Trask, former Senior Vice President Burness, and Chancellor Dzau deny the allegations. snip 703. Upon information and belief, Duke University admits that on or about March 27, 2006, Chauncey Nartey, a student at Duke University, sent an email to Coach Pressler. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge o r information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 704. The claims against Vice President Moneta were dismissed by the Court’s Order of March 31, 2011. Duke University admits that on March 31, 2006, Sue Pressler spoke to members of the Duke University Police Department regarding email correspondence from Chauncey Nartey to Coach Pressler. Duke University admits that Vice President Moneta met with Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 244 of 460 245 Coach Pressler on April 25, 2006, and Coach Pressler brought copies of Mr. Nartey’s email correspondence. Duke University admits that Vice President Moneta consulted with members of Duke University’s Official of Judicial Affairs regarding Mr. Nartey’s email correspondence. Duke University further admits that the matter was not submitted to the Undergraduate Judicial Board. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 705. The claims against Vice President Moneta were dismissed by the Court’s Order of March 31, 2011. Duke University and President Brodhead admit that President Brodhead appointed Mr. Nartey to the Campus Culture Initiative. Duke University and President Brodhead admit that Mr. Nartey was one of five Duke University students to serve on the Campus Culture Initiative. Duke University admits that Vice President Moneta was appointed as Vice Chair of the Campus Culture Initiative. Duke University and President Brodhead admit that the language quoted in the second sentence is a quote from President Brodhead’s April 5, 2006, Letter to the Duke Community. To the extent the paragraph suggests that the language quoted therein constituted the entirety of President Brodhead’s letter, Duke University and President Brodhead deny that suggestion. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 245 of 460 246 Duke University and President Brodhead admit that Mr. Nartey participated in “A Duke Conversation-Making A Difference” event in Charlotte. Duke University admits that in April 2007, Mr. Nartey was named one of the recipients of the 2007 William J. Griffith University Service Award at the Student Affairs Distinguished Leadership and Service Awards program. Duke University admits that the William J. Griffith University Service Award is presented annually to a select number of graduating students whose service and contributions to Duke University and larger communities have significantly impacted University life. Duke University and President Brodhead deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the headings that precede Paragraph 706 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 706. Duke University admits that Plaintiff Wilson was arrested in Chapel Hill for misdemeanor possession of marijuana, drug paraphernalia and Driving While Impaired. Duke University admits that, at the time of Plaintiff Wilson’s arrest, Plaintiff Wilson was an undergraduate at Duke University and a member of the Duke University men’s lacrosse team. Duke University admits that Plaintiff Wilson was not in Durham Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 246 of 460 247 County and was not taking summer classes at Duke University when he was arrested. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 707. Upon information and belief, Duke University admits that Plaintiff Wilson pleaded guilty to Driving While Impaired. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the allegations. snip |
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| sceptical | Apr 15 2011, 12:32 PM Post #57 |
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713. Duke University admits that the Undergraduate Judicial Board suspended Plaintiff Wilson for two semesters applied retroactively to include 2006 summer and fall semesters, placed him on disciplinary probation for the remainder of the academic year, and ordered that he perform twenty hours of community service. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 714. Duke University admits that the Undergraduate Judicial Board suspended Plaintiff Wilson for two semesters applied retroactively to include 2006 summer and fall semesters, placed him on disciplinary probation for the remainder of the academic year, and ordered that he perform twenty hours of community service. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 248 of 460 249 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 715. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Plaintiff Wilson was referred to the Duke University Undergraduate Judicial Board because of Plaintiff Wilson’s citation for driving while intoxicated, misdemeanor possession of marijuana, and misdemeanor possession of drug paraphernalia. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 716. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 717. Duke University and President Brodhead deny the allegations. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 249 of 460 250 “University officials,” an undefined term used in Paragraph 717, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of any remaining allegations in this paragraph and, therefore, deny any remaining allegations. 718. The claims against Vice President Moneta and Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 719. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Associate Dean Bryan selected the Undergraduate Judicial Board Panel. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 250 of 460 251 720. Duke University admits that the Undergraduate Judicial Board had the authority to discipline students at Duke University for off-campus conduct, while the students were not enrolled in classes. Duke University further admits that the panel of the Undergraduate Judicial Board suspended Plaintiff Wilson for two semesters applied retroactively to include 2006 summer and fall semesters, placed him on disciplinary probation for the remainder of the academic year, and ordered that he perform twenty hours of community service. Duke University further admits that Plaintiff Wilson appealed this decision and the Appellate Board noted that Plaintiff Wilson had undergone intensive counseling over the summer and reduced his suspension to one semester (summer 2006). Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 721. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 722 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 722. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 251 of 460 252 Duke University admits that Associate Dean Bryan scheduled meetings with Plaintiff Archer several times to discuss Plaintiff Archer’s various violations of Duke University policies. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 723. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that, as a result of the August 27, 2004, violation of Duke University’s Alcohol Policy, the Office of Judicial Affairs assigned Breck Archer to 15 hours of independent community service that was required to be completed and appropriately verified by November 19, 2004. Duke University further admits that Plaintiff Archer failed to complete and verify the independent community service he was required to do. Duke University further admits that Plaintiff Archer was mandated to complete an additional five hours of service and assigned a revised deadline of February 25, 2005. Duke University denies that Plaintiff Archer completed the required community service hours. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 252 of 460 253 724. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Plaintiff Archer failed to complete and verify the mandated community service requirements. Duke University admits that Associate Dean Bryan referred the matter to the Undergraduate Judicial Board. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 725. Duke University admits that the Undergraduate Judicial Board panel found that over six months past the original due date, Plaintiff Archer had not completed and verified his total assigned community service as required. Duke University admits that the panel learned Plaintiff Archer had been previously found responsible for Failure to Comply and had not submitted verification for mandated community service. Duke University admits that Plaintiff Archer was suspended for the 2005 fall semester. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 726. Duke University specifically denies that Plaintiff Archer was suspended for failing to submit a form. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 253 of 460 254 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 727. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Breck Archer was suspended. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 728 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 728. Duke University specifically denies that the Duke University Student Bulletin is a contract. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 729. Duke University specifically denies that the Bulletin of Duke University 2005-2006 is a contract between Duke University and Plaintiffs McFadyen, Wilson and Archer. Duke University further denies that any of the policies outlined in the Bulletin of Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 254 of 460 255 Duke University 2005-2006 comprise a contract between Duke University and Plaintiffs McFadyen, Wilson and Archer. To the extent that the paragraph purports to characterize the content of the Bulletin of Duke University 2005-2006, Duke University denies the characterization. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 730. Duke University specifically denies that the Bulletin of Duke University 2005-2006 is a contract between Duke University and Plaintiffs. Duke University further denies any of the policies outlined in the Bulletin of Duke University 2005-2006 comprise a contract between Duke University and Plaintiffs. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 731 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. |
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| Quasimodo | Apr 15 2011, 12:32 PM Post #58 |
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Do the defendants lack reading comprehension? (although it's nice to see the university come out to defend an absolute right to free speech, which in these cases evidently includes the right to bear "Castrate!" banners...) |
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| Quasimodo | Apr 15 2011, 12:35 PM Post #59 |
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If I were Archer I would be steamed that the university is repeating these allegations and distortions --further defaming me. |
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| Quasimodo | Apr 15 2011, 12:37 PM Post #60 |
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If there was such a directive, then does this constitute perjury, or does he have to personally deny that under oath? |
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3:28 AM Jul 11