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Duke Files New 732 Page Answer in Civil Suits; Duke Denies Fraud; Text of McFadyen Answer
Topic Started: Apr 15 2011, 01:22 AM (2,907 Views)
sceptical

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
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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
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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.
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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.
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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.
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sceptical

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
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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.
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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.
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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.
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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

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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Quasimodo

Quote:
 
President Brodhead and former Director Dean are without
knowledge or information sufficient to form a belief about the truth of the allegations in
subparagraphs A and B and, therefore, deny the allegations in subparagraphs A and B.


I guess that means they favor discovery?

Or that discovery is necessary to get at the truth?
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sceptical

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
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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.
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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.
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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.
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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

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.
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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
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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.
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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.
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snip (General denial paragraphs)
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sceptical

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
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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
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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
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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.
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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
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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.
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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

Quote:
 
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


I guess that means a lynch mob is OK?
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Quasimodo

Quote:
 
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.


How about being aware of SOME of those acts and statements?

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Quasimodo

Quote:
 
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.


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

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
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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.
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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
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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.
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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
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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

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.
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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
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“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.
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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.
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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.
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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.
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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

Quote:
 
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.


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

Quote:
 
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.


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

Quote:
 
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.


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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