Welcome Guest [Log In] [Register]
Add Reply
UVA Rape Story Collapses; Duke Lacrosse Redux
Topic Started: Dec 5 2014, 01:45 PM (60,457 Views)
abb
Member Avatar

http://www.washingtonpost.com/blogs/erik-wemple/wp/2015/01/22/e-mails-reflect-massive-impact-of-discredited-rolling-stone-story-on-u-va/

E-mails reflect massive impact of discredited Rolling Stone story on U-Va.
By Erik Wemple January 22 at 4:06 PM


The Nov. 19 Rolling Stone story “A Rape on Campus,” is known for its poor reporting on sexual assault at the University of Virginia. Following a debunking of its claims that a freshman named Jackie was the victim of a gang-rape at the Phi Kappa Psi fraternity in 2012, the story is undergoing an investigation by the Columbia Journalism School. Few are the news outlets that haven’t reported or commented on the pitfalls of the story, which was written by Sabrina Rubin Erdely.

In the days just after “A Rape on Campus” was published, however, the story’s shoddiness wasn’t widely acknowledged. On Nov. 25, a Florida man wrote a brief e-mail to University of Virginia Dean of Students Allen Groves and to Associate Dean of Students Nicole P. Eramo:

My daughter is five years old, and is very bright and articulate.

I will see to it she never attends UV A.

The behavior which tacitly permitted to occur on campus by school

leadership is appalling to me.

Michael

Lake Mary, FL

That bit of rather direct language comes from university documents retrieved through a Freedom of Information Act (FOIA) request. The documents consist of more than 150 pages of e-mails that passed through University of Virginia Dean of Students Allen Groves over nearly two weeks after the Rolling Stone hit the Internet. They depict a university administrator hustling to keep up with the fast-moving response to Rolling Stone’s story, dealing with hard-edged e-mails from detractors and expressing skittishness over how the apparent scandal would affect his standing with other organizations. Beyond those implications, the correspondence shows that when a national magazine decides to pursue biased reporting on an explosive issue with virtually no sourcing, people notice and there are consequences.

People like an e-mailer trading as SlimJim_X, who wrote on Dec. 1, in part: “Does UVA breed rapists? As it stands your institution is not getting a penny from me and I’ll make sure no one I know attends. Do your job or resign. Mitigated regards, Buddy.” Such blasts are balanced out in the e-mail trove by supportive notes from several folks in the U-Va. community, which commend him for sound and principled leadership. One note was absolutely neutral: “Do the right thing.”

About a week after the story ran, Groves e-mailed Laura Fornash, a university liaison with the Virginia state government, expressing concerns about his participation in a state campus sexual assault task force formed last summer by Virginia Gov. Terry McAuliffe. “Last night, the Huffington Post ran an online story critical of any institution or body using a person from UVa to advise on sexual assault,” wrote Groves. “The article was specifically focused on me and mentioned Governor McAuliffe’s task force, among other things. I fear that my involvement is about to become an unneeded distraction to the Task Force’s critical work,” said Groves, noting that it might be “best” for McAuliffe to replace him. Fornash recommended holding off on such a step.

In response to an inquiry on this matter, Groves, through U-Va.’s press office, provided the following statement: “In the immediate aftermath of the Rolling Stone article’s publication, I contacted UVA’s government relations staff and offered to vacate my position on the Governor’s task force and allow someone else to serve. Although I strongly disagreed with the content of the RS article, I was concerned that my presence on the task force might create a media distraction from the important work being done by that group. Not long after making this offer, I was told that UVA’s government relations staff had checked with the Governor’s staff and was told that I should remain involved, and I have done so.”

Groves is a member of the Pi Kappa Alpha fraternity and a former chairman of the Indianapolis-based North-American Interfraternity Conference, a trade group representing 74 men’s fraternities. Those affiliations apparently caused Groves some stress in the aftermath of the Rolling Stone piece. Right after the story came out, Groves e-mailed John Bobango, international president of Phi Kappa Alpha and another fraternity officer:

That same day, Groves e-mailed Jason Hinson-Nolen, director of campus initiatives at the North-American Interfraternity Conference. The dean was scheduled to speak at the “IFC Academy” in late January, though he was having second thoughts about the commitment: “In light of the Rolling Stone article that went public today, please let me know if you still want me at this event. While much of the article was inaccurate and/or sensationalized, I do not want to be a distraction by appearing at the Academy.”

Though Hinson-Nolen dismissed Groves’ concerns, the dean eventually declined to participate, writing that “any place I appear will create a significant distraction.”

Those were just some of the less-obvious results of the Rolling Stone story. The public saw a different picture, as University President Teresa Sullivan suspended fraternities and social activities in the wake of the story and asked Charlottesville police to investigate the crimes that it disclosed. The magazine eventually apologized for reporting errors in the story. Earlier this month, Charlottesville police cleared the Phi Kappa Psi house from claims in the Rolling Stone story that it was the location of Jackie’s gang rape.

The Daily Progress also secured intra-U-Va. e-mails that highlight disagreements among university officials regarding the Rolling Stone story. At one point, U-Va. Rector George Martin, perhaps conscious of FOIA, wrote on Nov. 19 to U-Va. board member Edward Miller: “We need to avoid emails.” Miller replied, “George I totally disagree. We need to address this issue with an emergency meeting of the board. I really don’t care who sees this email,” Miller continued. “Screw the reputation of the university if we have a problem and as the Jeffersonian dinners showed and as the death of Hannah Graham highlighted we have a culture that is not in keeping with our principles.”

The Erik Wemple Blog falls in the Edward Miller camp.

Miscellany from the e-mails:

On Nov. 25, Groves received an e-mail with a link to Richard Bradley’s Nov. 24 post expressing skepticism about the Rolling Stone piece.
A well-wisher on Nov. 30 sent Groves a note saying, among other things, “You are most definitely in my prayers.” Groves responded, “Thank you. I definitely need your prayers.”
For the Erik Wemple Blog, the Rolling Stone story was a journalistic disaster; for numerous consultants, experts and do-gooder groups, it was an opportunity to round up a new contract or pitch services. On Nov. 25, for example, Max Bobys of Opus U pitched Groves on his company’s work in “protecting an institution’s reputation” as well as — get this — “baselining a student population’s multi-factor risk maturity” — in part by offering “Micro-learning modules addressing the multi-factor risks students face.” Consultant Rebecca Veidlinger advertised a “sexual assault prevention programs specifically tailored for university Greek communities,” as well as a six-page resume. Project Unbreakable, which uses photography to empower victims of sexual assault and other crimes, wrote, “We want to offer your institution a reduced price of $3,000 plus travel and lodging.” The Red Watch Band Bystander Intervention Program passed along its credentials, too. Not that any of this stuff relates to the media.

Erik Wemple writes the Erik Wemple blog, where he reports and opines on media organizations of all sorts.
Offline Profile Quote Post Goto Top
 
MikeZPU

When you read the article directly above, I don't understand why Rolling
Stone cannot be held accountable for the damage that it caused to UVA
due to its gross negligence.

AND Jackie bears responsibility too! Why does she get a free pass on thi
s!!!
Online Profile Quote Post Goto Top
 
abb
Member Avatar

http://www.roanoke.com/news/virginia/uva-asks-congress-to-clarify-student-privacy-laws/article_d70952c5-97d5-5149-8066-444bbefe2f7c.html

UVa asks Congress to clarify student privacy laws

By Derek Quizon The (Charlottesville) Daily Progress | Posted: Friday, January 23, 2015 8:17 pm

The University of Virginia wants Congress to reform federal student privacy laws that officials say restrict schools’ ability to communicate with law enforcement about sexual assault cases involving students.

Dr. Richard Shannon, executive vice president for health affairs at UVa, talked about the proposal at a meeting of a Board of Visitors committee.

According to Shannon, UVa President Teresa Sullivan is working with Congress on changes to the Family Education Rights and Privacy Act, commonly known as FERPA, which would allow universities to share more information with authorities.

Members of the UVa Medical Center Operating Board’s Quality Committee asked Shannon whether FERPA is restricting the university’s ability to share information.

Shannon said Sullivan is pushing lawmakers to reform the law.

“This is front and center on the leadership of the university and I believe we’ll be taking an effective national appeal to alter the FERPA law to allow us to report cases of sexual assault to law enforcement,” Shannon said.

The current restrictions, Shannon told committee members, effectively put many of these cases in the hands of faculty members and administrators.

“The burden of the university to act as judge and jury in a sexual assault is well beyond the scope of English professors and anthropology professors,” Shannon said.

The issue of how schools respond to sexual violence was elevated by the discredited Rolling Stone story that depicted a fraternity gang rape at UVa and officials as more interested in safeguarding the school’s reputation than protecting victims.

Charlottesville Police Chief Timothy Longo also has complained about the tangle of federal laws — including FERPA — and the impact on the work of investigators. He raised the point earlier this month in Henrico County during a meeting of the law enforcement subgroup of the Governor’s Task Force on Combating Campus Sexual Violence.

Radford University President Penelope Kyle asked how public safety concerns could be balanced with student privacy. Longo said federal law is confusing and often gets in the way.

“When I can’t even go to the university and say, ‘Give me a class roster,’ in an effort to conduct an active criminal investigation — I can’t imagine anyone in Congress intended that to be the case when they allowed for the passage of this legislation,” he said.

It’s unclear how much leeway the law gives university officials in criminal investigations. The Department of Education, which enforces FERPA, has said universities are allowed to share identifying and sensitive student information with law enforcement without consent in emergency situations.

The department sent out guidance in the wake of the 2007 Virginia Tech shootings and the 2011 Tucson, Arizona, shooting — perpetrated by a community college student — that seriously wounded Gabrielle Giffords, a representative who since has retired.

According to the memo, sent in 2011, education administrators can share sensitive details with law enforcement, health care workers or parents if there is an “articulable and significant threat to the health or safety of the student or other individuals.”

“If a school official can explain why … the official reasonably believes, for instance, that a student poses a significant threat, such as a threat of substantial bodily harm to any person, including the student, the school official may disclose personally identifiable information from education records without consent to any person whose knowledge of the information will assist in protecting a person from threat,” reads the memo.

On Nov. 19, the same day the Rolling Stone story was released, Sullivan asked city police to investigate the piece’s central claim that a first-year student was raped by seven men at fraternity house.

An associate dean on Sept. 17 discussed sexual assault allegations with representatives of the same fraternity and alluded to an upcoming Rolling Stone story, a participant in the conversation has said. But Sullivan did not contact police until after the story appeared more than two months later.

The allegations discussed earlier with the fraternity differed from those that appeared in the story.

Frank LoMonte, an attorney and executive director of the Student Press Law Center, said the 2011 memo effectively allows universities to share information in any situation where public safety is at risk. The rape of one student by another student — or any other person on Grounds — probably would fulfill the exception outlined by the Department of Education, LoMonte said.

“They did not want to tie the hands of the decision makers so they purposely left a fair amount of judgment,” LoMonte said. “Where it’s possible that FERPA might come into play is details that could give away the identity of the victim. That might be a bit of a tightrope act.”

FERPA was passed in 1974. Sponsored by Sen. James Buckley, of New York, the law originally was supposed to protect sensitive student records. Many students were receiving psychological examinations from universities at the time, and the law was supposed to keep that information — as well as disciplinary and academic records — private.

Under the law, education administrators cannot share most identifying student records with anyone unless they have the consent of parents, if the student is younger than 18, or the student, if the student is an adult.

LoMonte is an outspoken critic of FERPA, which he says is too broad and too vague. A university potentially could lose all of its federal funding for violating the law — essentially a death sentence for any institution — so many attorneys practice too much caution to avoid violating it, LoMonte said.

But in practice, it is never enforced, according to LoMonte, who has tracked FERPA for years. Still, many administrators are wary of anything that could be construed as a violation.
Offline Profile Quote Post Goto Top
 
abb
Member Avatar

http://www.dailyprogress.com/news/local/uva/uva-s-greek-organizations-see-uptick-in-recruitment-in-wake/article_f14c67ee-a427-11e4-b417-33623c8ade23.html

UVa's Greek organizations see uptick in recruitment in wake of controversy, revised standards

Posted: Saturday, January 24, 2015 7:20 pm


Greek organizations at the University of Virginia kicked off rush season last week, the traditional recruiting period that brings thousands of hopefuls to fraternity and sorority houses across Grounds.

The whirlwind that followed a Rolling Stone article detailing an alleged gang rape at the Phi Kappa Psi fraternity house has not put a damper on people joining Greek organizations this semester.

A total of 1,027 men are rushing fraternities this season, according to UVa spokesman Anthony de Bruyn, compared to 1,018 last year. The increase is more dramatic in sororities — there are 1,056 women rushing, compared to 994 last year.

Although the Rolling Stone article has been discredited, university officials still are watching closely. Fraternities have to follow a new set of rules, including an array of regulations on serving alcohol. Fraternities will not be allowed to serve beer out of kegs or serve pre-mixed drinks, among other things.

Fraternity members on Rugby Road declined to comment, but school officials say they believe the new restrictions already are having the desired effect.

“The sense of responsibility that we saw during [rush week] was considerable,” said Dr. Richard Shannon, vice president for health affairs at UVa. “Thus we didn’t see excess alcohol use.”

Shannon spoke with members of the UVa Medical Center Operating Board’s Quality Committee, which asked for an update on measures the university is taking to curb sexual assault risk. Changes to fraternity rules are part of that effort.

When a fraternity hosts a party, it must designate at least three “sober monitors” to make sure there’s no “untoward behavior” during the event, Shannon said. The monitors have to stay in touch with university police, he said.

“This is [like] the concept of designated drivers that was so effective for drunk driving,” Shannon said, adding that he thinks the university is close to a cultural change when it comes to binge drinking.

Pietro Sasso, an associate professor in student affairs and college counseling at Monmouth University, studies fraternity culture. Sasso said the new measures probably will help, but they don’t go far enough. The two most effective fraternity alcohol policies are the presence of a live-in attendant — a staff member who keeps an eye on the organization — and dry campus housing.

Those things in combination typically shrink the size of student gatherings and force members to moderate alcohol consumption.

“You’re taking away huge open parties,” Sasso said. “They learn to have social events with alcohol in moderation.”

What’s happening at UVa is part of a typical cycle that plays out at most universities, Sasso said. Crackdowns usually follow some sort of attention-grabbing crisis, such as a hazing-related death, but they lose steam after a few years.

Usually, the administration’s priorities shift, Sasso said, and all of the students who were on campus at the time of the crisis graduate or leave. Typically, that’s when issues in the Greek system flare up again.

“I cannot think of one campus where the Greek system has been healthy for more than five years,” Sasso said.

The problems associated with fraternities have pushed some schools to refuse to recognize fraternities or phase them out. The University of Mary Washington, for example, does not recognize any Greek organizations.

Many people have suggested this solution for UVa — which would effectively de-fund all the fraternities and allow officials to keep a safe distance from them. Shannon said it’s much better for the university to monitor them closely.

“It’s much better for us to have a working relationship with them so we can work on these [safety] standards,” he said. “Otherwise you’re leaving a group of 18-year-old kids to figure this out for themselves.”

Sasso said he still believes fraternities provide a net benefit to universities by creating a more cohesive campus community and giving graduates a stronger emotional attachment to their alma mater.

But if fraternities are going to function at their best, he said, administrators need to make a sustained effort to keep them honest.

“What needs to happen is constant enforcement,” Sasso said.
Offline Profile Quote Post Goto Top
 
abb
Member Avatar

abb
Jan 25 2015, 06:36 AM
Sasso said he still believes fraternities provide a net benefit to universities by creating a more cohesive campus community and giving graduates a stronger emotional attachment to their alma mater.

But if fraternities are going to function at their best, he said, administrators need to make a sustained effort to keep them honest.

“What needs to happen is constant enforcement,” Sasso said.
So who will monitor the "administration" and keep them honest?
Offline Profile Quote Post Goto Top
 
abb
Member Avatar

http://www.cavalierdaily.com/article/2015/01/interviewing-phi-psi-on-aftermath-of-rolling-stone-article-at-uva

Being Phi Psi: fraternity looks forward
Two months out, fraternity reflects on being at the center of a media firestorm
by Andrew Elliott | Jan 26 2015 | 3 hours ago

mbronfin
Marshall Bronfin | The Cavalier Daily

For many students, the Rolling Stone saga began Wednesday, Nov. 19. The article, posted online that morning, prompted a series of protests and meetings, before being thrown under strict scrutiny after a host of discrepancies came to light in December. The narrative was capped in mid-January, when police said an investigation found no evidence that Phi Kappa Psi, the fraternity at the center of the story of an alleged gang rape of then-first-year student Jackie, was involved in the incident.

But for Stephen Scipione, a third-year College student and president of Phi Psi, things started months prior. A representative from his fraternity’s national organization flew to Charlottesville Sept. 17 — Scipione’s 21st birthday. In a meeting with chapter leadership, the representative asked about a gang rape allegation — a story he had heard from someone within the University administration.

“We basically just looked at each other and our mouths were just open,” Scipione said.

A follow-up meeting with the chapter’s 65 members went much the same way.

“You’d think that one person would maybe look down or not make an emotional face, but no — everybody was just completely, completely in awe,” he said.

The meeting was the beginning of what would be an unparalleled semester for Phi Psi — one that made their house, a building which towers over Mad Bowl, “the most infamous fraternity house in America,” as Scipione puts it.

The national chapter representative encouraged the fraternity to conduct an internal investigation. They did, but with few details about the allegations, there was only so much they could do.

Bracing themselves for the article’s release, the fraternity worked to implement a series of reforms throughout the semester — limiting parties and going through trainings on sexual assault and bystander intervention.

“It was frustrating for a lot people — they had done nothing wrong, but they were indirectly being punished,” Scipione said. “But everyone took it very maturely. Given the situation, they handled it very, very responsibly — which I’m proud of.”

But weeks of planning and investigation did not prepare the fraternity for the onslaught of attention it received once the article spread throughout the University community and permeated national dialogue about rape, college student safety and Greek culture.

The article’s allegations, Scipione said, were “10 times worse than we were ever expecting.” He read the story early that Wednesday. The family friend of a fraternity brother had found a printed copy of Rolling Stone at Barnes and Noble a few hours before the article was published online.

“I’ll never forget that morning,” Scipione said. “I was not the first one to read it, but I was watching others read it. And it was tough. Seeing the look in their eyes. Most had to step out of the room to read it.”

They scanned the article’s pages and sent it out to the fraternity’s listserv — hoping to give brothers time to prepare for the wave of reactions which would overcome the University community.

Scipione said no part of him ever believed the story — he knew there were discrepancies and that Phi Psi could not have been involved. But after a meeting with two University deans, the chapter decided to voluntarily suspend itself — since a police investigation into the incident, requested by University President Teresa Sullivan, meant the chapter would not be able to keep its good standing with the University.

“We decided that the best plan of action was to voluntarily suspend ourselves — not as a symbolic thing, but it was the right thing to do to cooperate,” he said. “And that’s the stance that we’ve taken the entire time — cooperating with the school and more importantly with the Charlottesville police.”

For many of the brothers, the ensuing days were hellish. Not wearing fraternity T-shirts was a given. Anonymous vandals threw a brick through their house’s window and graffitied a wall outside their home with the words, “UVA Center for Rape Studies.” Multiple protests took place outside the fraternity house — including one which saw several individuals arrested for trespassing after they refused to leave house’s front steps. Many fraternity members — Scipione included — stopped going to their classes.

“A lot of guys did not feel comfortable going to class, especially when you have teachers speaking out against our fraternity,” he said. “And you have these students showing these acts of violence on our house — and it was almost like it was condoned, knowing that there had never really been a follow-up on that, at the time.”

He said he is not expecting an apology from anyone for the way Phi Psi was villainized in the weeks before the discrepancies were made public — though he said he would like to see some “formal recognition” from Rolling Stone.

“We’re not the victims here, and that’s important to remember,” he said. “It was tough for those couple weeks — there’s no denying that. But there’s a much bigger story here.”

Brothers did receive some support — from members of other Greek houses and chapter alumni, along with family and friends. But the community, Scipione said, seemed to be accepting the allegations and the actions of the vandals.

A police investigation into the vandalism is still ongoing, Charlottesville Police Capt. Gary Pleasants said last week.

Brothers quickly left the house, with only a handful of the 18 choosing to stay behind. Most stayed in hotels or on friends’ couches. The few who stayed all slept in the same room — “the furthest possible point from any windows or doors,” Scipione said.

But even moving and skipping classes could not shield brothers from all the negative attention.

“I received countless death threats,” Scipione said. “It was tough reading some of the emails I got, I’ll give you that. And not knowing what to say. It’s tough to see those and not be able to say anything back.”

Within 24 hours, the fraternity conducted a review of the claims in the article — noting several discrepancies — and handed their documentation to Charlottesville Police. But they did not release a statement noting the findings until Dec. 5, when they received the go-ahead from investigators.

That same day, Rolling Stone released a statement acknowledging there were discrepancies in the story, and the Washington Post published an article which cast doubt on several key aspects of Jackie’s reported assault.

“That was probably the busiest day out of the entire last semester,” Scipione said. “In a good way. Guys were happy, but at the same time, it wasn’t over with.”

Though the media and public eye quickly turned to a more critical evaluation of the article’s central claims, Scipione said the relief was only partially satisfying.

“It was nowhere near an exoneration like it should have been, and most of the brothers had known that information for a long time — it wasn’t a secret,” he said. “But it was nice to get the word out and kind of move the story in a different direction, away from us. There’s no denying that it was a relief of some sort, but at the same time we all knew that there was a lot to be done and there’s a lot left in the story.”

Scipione worked with the University during Winter Break to ensure the fraternity’s name could be cleared more formally before the start of fraternity rush — which began Jan. 15. Police officially cleared the fraternity of any involvement Jan. 12.

Rush, which finishes up this coming weekend, went decently well for Phi Psi. There was a drop-off in the number of students who expressed interest in the fraternity, but Scipione said he expects to have as strong a pledge class as every other year.

The fraternity, as a whole, is looking forward to putting last semester behind it and returning to some level of normalcy.

“It’s going to take some time to get our feet back on the ground,” Scipione said. “Last semester was a pretty big blow for us. And a lot of guys are worn out and burnt out and want to return to normal. But there is still a lot of work to be done and we can be a big catalyst to that.”

The fraternity played a big role in the development of the new Fraternal Organization Agreement, which all fraternities signed onto at the beginning of the semester. The regulations, Scipione said, will take some time to adjust to, but will ultimately help to make parties safer for students.

The administration’s decision to ban fraternity social activities in the intermediate time, he said, was understandable given the pressure it was under. Though he said he was disappointed in the community’s rush to judgment, there may even be a silver lining in the chaos of the past few months.

“Nobody should ever be put in that position,” he said. “I don’t know why we were. I still lose sleep wondering why. But everybody has learned from this, and they will move on and they will be strong people.”

Though it may take some time for a complete routine to business as usual, this semester has been a welcome change of pace for Phi Psi brothers.

“Living in the house was the first thing that we noticed,” Scipione said. “We’re comfortable, we feel safe. We don’t have to worry about the threats, we don’t have to worry about sleeping at night.”

The organization has not yet decided whether it will pursue any legal action in the coming weeks. That dialogue will happen between the chapter members, the national organization, and the fraternity’s housing corporation — but Scipione said he wants to finish the rush process first.

“We do not have a game plan as of right now — we’re considering all of our options,” he said.

Ongoing concerns about damage to their reputation aside, the fraternity is in a strong place moving forward, Scipione said. Brothers are comfortable wearing letters around Grounds, putting their affiliation on their resumes and holding rush events.

“It’s been a miserable semester for everyone — an unfortunate one — but we survived, came out stronger than we were before,” he said. “We’re ready to get through this semester, through rush, get a good pledge class and move on.”
Offline Profile Quote Post Goto Top
 
abb
Member Avatar

http://www.cavalierdaily.com/article/2015/01/university-professor-urges-rolling-stone-lawsuit

University Professor urges Rolling Stone lawsuit
Says fraternities have strong legal grounds
by Kathleen Smith and Tiffany Troung and Yash Shevde | Jan 26 2015 | 3 hours ago


Law School Prof. Robert F. Turner and his son Thomas Turner, a third-year Batten School student, released an article last month in the Richmond Times Dispatch titled, “It’s time for a U.Va. apology.” In it, they argue Rolling Stone inappropriately handled its investigative report of University Greek Life and an alleged sexual assault described in the November article, “A Rape on Campus.”

Since the article’s publication, Robert Turner has said the University and its Phi Kappa Psi fraternity chapter may have grounds to sue Rolling Stone and Sabrina Rubin Erdely — the article’s author.

Robert Turner said the standard for a lawsuit against Rolling Stone could be the Supreme Court case New York Times Co. v. Sullivan, a case considering an advertisement run in the New York Times which incorrectly accused Alabama police of making seven arrests of Martin Luther King, Jr, among other claims. The case went in the favor of the Times and established actual malice, a principle which allows media sources to legally make false claims so long as they do not do so knowingly.

Any lawsuit against Rolling Stone, as filed by Phi Kappa Psi or any other fraternity with a University chapter, would likely need to demonstrate that Rolling Stone knowingly published untrue information which damaged the fraternity chapter and its members.

Third-year College student Stephen Scipione, University Phi Kappa Psi Chapter President, said his fraternity is still considering whether to pursue legal action.

“We haven’t taken anything off the table,” he said. “I’m not a lawyer, and we haven’t hired a lawyer. We have advisors who are lawyers by trade, but we have not hired a lawyer as a chapter to represent us moving forward.”

Scipione said they will consider all of their options after rush.

“But it is something that as we finish through rush and we get back into the routine and we have some free time that we are going to consider all of our options,” he said. “We would need the full support of our housing corporation, our chapter and our nationals with any decision that we make.”

However, many from within the University community — some affiliated with Greek life, others not — have either come out in support of a lawsuit against Rolling Stone or voiced confidence in a case against the magazine or Erdely.

One member of the Inter-Fraternity Council, who wished to remain anonymous, said he felt the University chapter has a particularly strong case because the damage caused by Rolling Stone focused heavily on its individual members.

“I think all those guys went through hell,” he said. “In quantifiable ways, their house suffered material damages and they had to stay in a hotel. They also suffered in less tangible ways, like emotional distress.”

The IFC member said the Charlottesville Police Department determination that the alleged sexual assault described in the article did not occur at Phi Kappa Psi further strengthened any potential case.

Robert Turner said he, too, believed Phi Kappa Psi may have a case against Rolling Stone because they had been clearly defamed, discredited with language his son described as libelous.

“Characterizing U.Va. as 'the rape school’ with a ‘culture of sexual violence’ — and presenting as fact a horrendous gang rape without any effort to check the key facts — would likely constitute legal defamation,” Thomas Turner said in an email. “And reporting that Phi Kappa Psi instructed pledges to gang-rape a fellow student as part of its initiation policy would certainly seem like libel to me.”

Robert Turner said it would be easy to prove that the article has damaged the reputation of the University, citing friends who have told him they will not send their daughters to the University, as well as applicants who have reconsidered or rescinded their applications. He also said he felt it would be easy to demonstrate Rolling Stone’s carelessness in fact checking.

“I don’t think it would be hard at all to show reckless disregard for the facts,” Robert Turner said. “Columbia Journalism Review identified that their story is the worst piece of journalism in the entire year.”

Immediately following the publication of the Turners’ article in the Richmond Times Dispatch, Thomas Turner said University President Teresa Sullivan invited them to her house to discuss the issue. He said Sullivan defended the University's suspension of Greek life by saying it was part of a larger investigation into the Greek system.

“She emphasized that the decision to suspend Greek activities until the start of the spring term was connected to a long-term examination of alcohol use issues at fraternities rather than a specific response to the Rolling Stone article,” Thomas Turner said.

He said Sullivan told them the University was ultimately unable to sue the magazine. All the same, Thomas Turner said any lawsuit against Rolling Stone or Erdely surrounding their portrayal of the University would help to clarify the misinterpretations about the University and the Greek system in general caused by the article.

“Such behavior should not be tolerated, and suing both the magazine and the reporter might help send a signal to other journalists who might be considering abandoning all of the basic rules about verifying facts and hearing both sides of a story to rethink their plans,” Thomas Turner said. “A victory might also help inform the public that the story was not true in many of its key assertions.”

Fourth-year College student Robert Enders, member of the University Phi Delta Theta chapter, agreed, saying he thought a lawsuit was necessary to encourage sounder journalism.

“I do believe legal action should be taken against at least one of those parties involved,” Enders said in an email. “I am not familiar with the extent that legal action could be taken, but believe it is necessary to prevent this sort of situation happening again. Journalism, the proper way of it being done, should not allow these situations to arise.”

Robert Turner said it could be a matter of weeks or a matter of years before a lawsuit, depending on whether a settlement is offered. As for whether University student Jackie — the protagonist and main source for the Rolling Stone article — could be sued, Turner said the issue is uncertain.

“What I don’t know is whether the newspaper reporter fabricated the quotes or if Jackie actually said that,” he said. “If they showed that Jackie did make the accusations, then I think she could be sued or drawn up on an honor charge.”

The University declined to comment on the possibility of a lawsuit or its potential involvement should one arise.
Offline Profile Quote Post Goto Top
 
Quasimodo

Quote:
 

“She emphasized that the decision to suspend Greek activities until the start of the spring term was connected to a long-term examination of alcohol use issues at fraternities rather than a specific response to the Rolling Stone article,” Thomas Turner said.

He said Sullivan told them the University was ultimately unable to sue the magazine.


Rubbish. Sounds like Duke's excuses for shutting down the lax season. But typical of university bureaucrats, imho.

Offline Profile Quote Post Goto Top
 
Joan Foster

Somewhere, sometime, one of these False Accusers has to face some legal consequences. Until they do, these hoaxes will continue to proliferate.
Offline Profile Quote Post Goto Top
 
Payback
Member Avatar

Joan Foster
Jan 26 2015, 08:00 AM
Somewhere, sometime, one of these False Accusers has to face some legal consequences. Until they do, these hoaxes will continue to proliferate.
:bd:
Offline Profile Quote Post Goto Top
 
LTC8K6
Member Avatar
Assistant to The Devil Himself
UVa may have trouble, given their own response to the report of the assault. They certainly didn't investigate it much. Had they investigated Jackie's story, this could not have gone very far, and it certainly never ends up in RS.

After all, one of the major points of the RS article was UVa's insufficient response to the rape.

If UVa had actually investigated the criminal report of a rape, from Jackie, they would never have gotten into the situation.

It's way too much to think that they would have disciplined Jackie for the false story, though.

They would never have done that, despite the blatant lies.

But at least they could defend themselves with their investigation of the rape claim.
Offline Profile Quote Post Goto Top
 
Foxlair45
Member Avatar

LTC8K6
Jan 26 2015, 12:12 PM
UVa may have trouble, given their own response to the report of the assault. They certainly didn't investigate it much. Had they investigated Jackie's story, this could not have gone very far, and it certainly never ends up in RS.

After all, one of the major points of the RS article was UVa's insufficient response to the rape.

If UVa had actually investigated the criminal report of a rape, from Jackie, they would never have gotten into the situation.

It's way too much to think that they would have disciplined Jackie for the false story, though.

They would never have done that, despite the blatant lies.

But at least they could defend themselves with their investigation of the rape claim.
This directly from the RS article:

If Jackie wished, she could file a criminal complaint with police. Or, if Jackie preferred to keep the matter within the university, she had two choices. She could file a complaint with the school's Sexual Misconduct Board, to be decided in a "formal resolution" with a jury of students and faculty, and a dean as judge. Or Jackie could choose an "informal resolution," in which Jackie could simply face her attackers in Eramo's presence and tell them how she felt; Eramo could then issue a directive to the men, such as suggesting counseling. Eramo presented each option to Jackie neutrally, giving each equal weight. She assured Jackie there was no pressure – whatever happened next was entirely her choice.

There was no investigation because that lying little wench didn't want one. She knew it was a fake and the last thing she wanted was somebody poking holes in her story.
Offline Profile Quote Post Goto Top
 
abb
Member Avatar

Foxlair45
Jan 26 2015, 01:32 PM
LTC8K6
Jan 26 2015, 12:12 PM
UVa may have trouble, given their own response to the report of the assault. They certainly didn't investigate it much. Had they investigated Jackie's story, this could not have gone very far, and it certainly never ends up in RS.

After all, one of the major points of the RS article was UVa's insufficient response to the rape.

If UVa had actually investigated the criminal report of a rape, from Jackie, they would never have gotten into the situation.

It's way too much to think that they would have disciplined Jackie for the false story, though.

They would never have done that, despite the blatant lies.

But at least they could defend themselves with their investigation of the rape claim.
This directly from the RS article:

If Jackie wished, she could file a criminal complaint with police. Or, if Jackie preferred to keep the matter within the university, she had two choices. She could file a complaint with the school's Sexual Misconduct Board, to be decided in a "formal resolution" with a jury of students and faculty, and a dean as judge. Or Jackie could choose an "informal resolution," in which Jackie could simply face her attackers in Eramo's presence and tell them how she felt; Eramo could then issue a directive to the men, such as suggesting counseling. Eramo presented each option to Jackie neutrally, giving each equal weight. She assured Jackie there was no pressure – whatever happened next was entirely her choice.

There was no investigation because that lying little wench didn't want one. She knew it was a fake and the last thing she wanted was somebody poking holes in her story.
So what happened, in actuality? UVA conducts a public witch-burning, choosing to taint innocent frats. You see, it wasn't about the truth...
Offline Profile Quote Post Goto Top
 
kbp

False claims are producing results across the nation, all the way from the WH down to the local schools.
Online Profile Quote Post Goto Top
 
LTC8K6
Member Avatar
Assistant to The Devil Himself
Foxlair45
Jan 26 2015, 01:32 PM
LTC8K6
Jan 26 2015, 12:12 PM
UVa may have trouble, given their own response to the report of the assault. They certainly didn't investigate it much. Had they investigated Jackie's story, this could not have gone very far, and it certainly never ends up in RS.

After all, one of the major points of the RS article was UVa's insufficient response to the rape.

If UVa had actually investigated the criminal report of a rape, from Jackie, they would never have gotten into the situation.

It's way too much to think that they would have disciplined Jackie for the false story, though.

They would never have done that, despite the blatant lies.

But at least they could defend themselves with their investigation of the rape claim.
This directly from the RS article:

If Jackie wished, she could file a criminal complaint with police. Or, if Jackie preferred to keep the matter within the university, she had two choices. She could file a complaint with the school's Sexual Misconduct Board, to be decided in a "formal resolution" with a jury of students and faculty, and a dean as judge. Or Jackie could choose an "informal resolution," in which Jackie could simply face her attackers in Eramo's presence and tell them how she felt; Eramo could then issue a directive to the men, such as suggesting counseling. Eramo presented each option to Jackie neutrally, giving each equal weight. She assured Jackie there was no pressure – whatever happened next was entirely her choice.

There was no investigation because that lying little wench didn't want one. She knew it was a fake and the last thing she wanted was somebody poking holes in her story.
She reported a rape to UVa officials.

There was nothing at all stopping UVa from conducting a thorough investigation.

In fact, they can even be more thorough than the police.

If I were a university official, I would not want the people/psychopaths described by Jackie roaming around free on my campus without at least talking to them to see if they really are that far off of plumb.

In fact, I would want to talk to Jackie's friends about their attitude almost as much as I'd want to talk to the alleged rapists.

I think it would be really interesting to learn more about exactly what Jackie reported to UVa officials.

And exactly what, if any, action UVa took in response.

It's hard to believe the answer is "none".

Unless I missed something, we know almost nothing about Jackie's original report to UVa, and UVa's original reaction to that report.

Does a false report deserve any protection from public view?
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
ZetaBoards - Free Forum Hosting
Free Forums with no limits on posts or members.
Learn More · Sign-up Now
Go to Next Page
« Previous Topic · DUKE LACROSSE - Liestoppers · Next Topic »
Add Reply