Welcome Guest [Log In] [Register]
Add Reply
Blog and Media Roundup - Monday, January 22, 2018; News Roundup
Topic Started: Jan 22 2018, 04:26 AM (89 Views)
abb
Member Avatar

https://www.nbcnews.com/news/us-news/can-michigan-state-president-lou-anna-simon-survive-larry-nassar-n839556


Jan 21 2018, 11:21 pm ET
Can Michigan State President Lou Anna Simon survive the Larry Nassar scandal?
by Tracy Connor

Larissa Boyce stood in a Michigan courtroom, the 89th accuser to tell her story of having been sexually assaulted by gymnastics doctor Larry Nassar.

All the accounts are chillingly similar, but Boyce's stands out — because she says she tried to get someone to stop Nassar two decades ago.

"I told somebody," she said during her testimony Friday. "I told Michigan State University back in 1997."

Although Nassar is best known as the former team physician for USA Gymnastics — a role in which he allegedly molested Olympic gold medalists like Aly Raisman and Jordyn Wieber — his busy sports medicine practice was at Michigan State, or MSU, and most of his accusers were treated there.

As NBC News reported last year, there are troubling questions about whether MSU officials ignored signs that Nassar was abusing girls and women under the guise of medical treatment and whether its response to the scandal was vigorous enough.

In recent weeks, as a series of Olympic gymnasts announced that they were victims and brought more attention to the case, the drumbeat to hold MSU accountable and for university President Lou Anna Simon to step down has grown ever louder.

On Friday, MSU men's basketball coach Tom Izzo raised hackles when he expressed sympathy for the abuse survivors but then voiced support for Simon and said he hoped the "right person was convicted."

Raisman's mother took to Twitter to bludgeon Izzo, questioning whether he was "just a moron or a total liar." On Sunday, he said he had chosen "the wrong words."

The student newspaper called for Simon's resignation last week in a front-page editorial, writing: "Don't think for a second MSU wasn't involved. A monster like Nassar doesn't happen alone."

The local newspapers and some lawmakers, including the speaker of the state House of Representatives, also want her out. Increasingly, comparisons are being drawn to the Jerry Sandusky abuse scandal at Penn State University, which resulted in jail terms for top school officials.

The university's response, Boyce said, has been "tone-deaf."

No MSU officials were in the courtroom when Nassar's sentencing hearing began Tuesday, leading one victim to declare Simon "a coward." The university said Simon didn't want to be a distraction as victims delivered impact statements, but she showed up Wednesday.
Image: Lou Anna Simon
Michigan State University President Lou Anna Simon after being confronted by former MSU gymnast Lindsey Lemke during a break last week in the sentencing hearing for Larry Nassar in Lansing, Michigan. Scott Olson / Getty Images

On Friday, the board of trustees at the embattled Big Ten school asked state Attorney General Bill Schuette to review its handling of the matter. But then the board publicly backed Simon, who has been president since 2004 and makes $860,000 a year.

"We continue to believe President Simon is the right leader for the university and she has our support," the trustees said in a a unanimous statement.

By the next day, there was a crack in the united front. Trustee Mitch Lyons, an MSU grad and former National Football League player, put out a statement saying Simon should resign.

"I don't feel that President Simon can survive the public outcry that has been generated by this tragedy and even less so after hearing the testimony of these brave survivors of Larry Nassar's abuse," Lyons said.

Lyons said that he had seen no evidence to suggest that "she knew anything of the monster that Larry Nassar is until 2016" but that he didn't believe the victims and the university could heal while she was still in charge.

"I believe that without question, the public has lost confidence in Dr. Simon to effectively lead this university, and I believe that this loss of confidence is irreparable," Lyons said.

It's not clear whether Lyons has any sway over his fellow trustees. He came under fire in June for disclosing the name of a whistle-blower in a football sex-assault scandal, which he said was an accident. And he was arrested earlier this month on a misdemeanor battery charge, which he called a misunderstanding.

And on Saturday night, the board was quick to say that the rest of the trustees "continue to support President Simon."
[USA Olympian Aly Raisman to Larry Nassar: 'You are nothing']
USA Olympian Aly Raisman to Larry Nassar: 'You are nothing' 12:17

MSU's position from the start has been that the school didn't know Nassar was an abuser until after an investigation by The Indianapolis Star in fall 2016 that included allegations from two victims.

As the number of accusers rose by the day — eventually topping 140 — the university hired former federal prosecutor Patrick Fitzgerald to help defend it against a mountain of lawsuits.

Last month, responding to to a request for information from Schuette, Fitzgerald said in a letter "that no MSU official believed that Nassar committed sexual abuse" before the scandal broke in 2016.

But three women say that whether or not officials believed Nassar was an abuser, employees were notified of his conduct years before it came public and failed to act.

Boyce said she went to gymnastics coach Kathie Klages in 1997 while she was part of a teen gymnastics program at the school; runner Christine Achenbach said she told a coach in in 1999; softball player Tiffany Lopez said she spoke to two trainers in 1998 and 2000. All three say their complaints went nowhere.

"No one ever believed me," Lopez told NBC News last year.

In 2014, MSU graduate Amanda Thomashow reported Nassar to the school, triggering an investigation. The university consulted four experts about his so-called technique — all with ties to Nassar — before telling Thomashow that it wasn't taking action against the doctor. MSU police forwarded their report to prosecutors, who declined to bring charges.
"“No one ever believed me.”"

Even though the school found some of Nassar's behavior problematic, that wasn't reflected in a performance review obtained by NBC News, and a dean welcomed him back with this email message: "I am happy to have you back in full practice."

"Michigan State University, the school I loved and trusted, had the audacity to tell me I didn't understand the difference between sexual assault and a medical procedure," Thomashow said at the sentencing hearing.

Nassar, 54, was fired as USA Gymnastics' team doctor in 2015 following a complaint by national team gymnast Maggie Nichols. One of his MSU colleagues, Dr. Brooke Lemmen, knew of the probe and failed to alert anyone even as Nassar continued to see patients, the university said in a letter to her. Her attorney said the university was trying to make her a scapegoat.

Nassar was suspended fter the bombshell in September 2016 that two gymnasts had accused Nassar of sexual abuse. As NBC News first reported, Klages, the gymnastics coach, soon asked team members to sign a card for him.
Image: MSU gymnast Lindsey Lemke
Lindsey Lemke, a junior at Michigan State University, says she was molested hundreds of times by Larry Nassar in middle school and high school. Courtesy Lindsey Lemke

"She said, 'You don't have to sign this if you don't want to, but it's for Larry, and it would be appreciated if we could let him know that we're thinking about him,'" said Lindsey Lemke, 21, who says Nassar molested her hundreds of times when she was a young gymnast before she enrolled at MSU.

Even after Nassar was caught with child pornography, Klages continued to defend him, telling Lemke's mother that her daughter had "misinterpreted his procedures." Klages has since left MSU and has said in a previous statement that she had no idea that Nassar was an abuser.

Nassar's sentencing hearing will continue Monday with more testimony from accusers, and the pressure on Simon to resign as MSU president is likely to grow. As she defends her position, her critics are poring over some of her past comments.

In April, speaking of Nassar to the board of trustees, she said: "I have been told it is virtually impossible to stop a determined sexual predator and pedophile, that they will go to incomprehensible lengths to keep what they do in the shadows."

Five years earlier, as chairwoman of the NCAA's executive committee, Simon advocated for a multi-tier system of violations that could differentiate among major ethics infractions like those at Penn State during the Sandusky era and less serious infractions.

After all, Simon said, "nobody's perfect."
Offline Profile Quote Post Goto Top
 
abb
Member Avatar

https://www.chronicle.com/article/Whom-to-Look-for-in-a-Title/242293

Whom to Look for in a Title IX Hearing Panel
By Courtney Bullard January 21, 2018

While Title IX matters have always been complex, the ever-changing legal landscape has made them even more so today. Increased scrutiny since the Education Department’s Office for Civil Rights issued guidance in 2011 has also increased the importance of the hearing panels, which decide cases.

I’ve worked in higher-education law for more than 16 years, including eight as sole legal counsel for a midsize campus, and one of the hardest jobs is appointing members for the hearing panels. Here are the issues that colleges should consider when undertaking this important task.

Improving Title IX Panels

Colleges continue to look for ways to make their Title IX hearings fairer. Here's how colleges are rethinking the boards that often decide sexual-assault cases.

Making Sexual-Assault Hearings Fair Premium

Willingness to serve. Serving on a sexual-misconduct hearing panel is much more intense, complicated, and difficult than it might appear from the outside. Emotions run high, and the panels must listen to evidence that involves detailed accounts of sexual encounters. Panel members need to be willing and able to dedicate the necessary time and energy as well as willing to subject themselves to emotional discomfort.

Recently I interviewed a hearing-panel member in preparation for litigation. When I asked her why she had agreed to serve, she said that she was concerned that men on campus were raping women on campus without accountability, and that she thought she could make a difference. Once she started serving on the panel, however, her initial perception changed greatly. She quickly understood that these cases were not as black-and-white as she had anticipated. She also recognized that she had put herself squarely in the line of fire if litigation ensued.

She questioned if she should have volunteered to serve at all given some of the gut-wrenching decisions that she had to make, affecting the lives of members of her campus community. I like to tell folks who serve and struggle with the emotional aspect of this to remember that they did not create the facts, but that it’s virtually impossible to sit in on these matters and not be feel an impact.

Lack of bias. Ensuring that committee members do not have an actual or perceived bias is paramount. This is not only because of the mandates from the Office for Civil Rights and related laws and regulations, but also because it is the fair and just thing to do.

Actual bias is easier to spot. For example, if an athlete is involved, do not put his or her coach on the hearing panel. Perceived bias can be tricky. This is evaluated from the perception of the parties involved in the hearing, not the panel member. A panel member may be able to hear a case and have no true bias toward a party; however, past interactions or his or her campus position may create a perceived bias.

An overly aggressive panel member can be problematic, as can one who is afraid to ask difficult questions.
Faculty and staff members who gravitate toward serving on these panels (and who have the most knowledge about sexual misconduct) are often in the area of women’s studies and advocacy. While this may not pose an issue for that member in that he or she can still effectively listen to, evaluate, and weigh the evidence presented, it may raise a red flag for one party or another in a proceeding.

Likewise, if a member of the campus has been particularly vocal on either side of the Title IX issue, a perception of bias may result. Every case should be evaluated separately in forming a panel, and each panel member should be trained in recognizing and noting any potential bias.

Good bedside manner. The parties involved in a hearing are members of the campus community, not witnesses in a court of law. The only way to ensure the integrity of the Title IX process is to ensure that all parties involved are treated with dignity and respect. That’s why bedside manner, which encapsulates demeanor, tone, professionalism, and personality, must be considered when evaluating an appropriate fit for a hearing-panel member. An overly aggressive panel member can be problematic, as can one who is afraid to ask difficult questions. If it becomes apparent that a member is not a good fit, do not be afraid to make a change.

Confidentiality. An individual’s ability to stay completely mum about these matters is crucial. The campus gossip is absolutely not a good fit for a hearing panel. That might seem obvious, but leaks can easily happen, creating caustic situations. One case I was involved in resulted in litigation simply because a panel member shared some details about the hearing with a friend who in turn shared it with a friend until the telephone chain ended with someone close to the complainant. The complainant had not been happy with the results of the hearing but had accepted them. When she learned through the grapevine that a panel member thought she was a liar, she called a lawyer.

Diversity. Bringing various perspectives about campus life to the table in a hearing can be invaluable in evaluating evidence. Members of campus-safety offices will be well equipped to evaluate and weigh evidence, but they may not understand, for example, Greek life. Human-resources professionals will very likely have experience and insight into investigating workplace issues, but they may not have an understanding of the campus climate as it relates to students. Be sure to have representatives from various areas of campus on your panel. Dig deeper than the expected "faculty representative."

A college cannot overlook the important work of a sexual-assault hearing panel and the service to the campus that its members provide. The role isn’t for everyone, but colleges that put in the effort to find and train the right people will be rewarded with a fair and effective panel.

Courtney Bullard is a lawyer specializing in Title IX compliance in Chattanooga, Tenn., and a former associate general counsel for the University of Tennessee at Chattanooga.
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
« Previous Topic · DUKE LACROSSE - Liestoppers · Next Topic »
Add Reply