Search Results for: Ciaran McKenna

DUKE Law Prof. Calls McKenna Disciplinary Process ‘Indefensible’

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DUKE Law Prof. Calls McKenna Disciplinary Process ‘Indefensible’

One of the strongest critics of the disciplinary process in the sexual misconduct case involving soccer player Ciaran McKenna has been Duke law professor James Coleman, Jr. Throughout the process, Coleman has made statements arguing that McKenna has been mistreated by the University’s disciplinary process. “I seriously doubt that the Office of Civil Rights, which I once advised as Deputy General Counsel of the Department of Education, would agree with the process that is being contemplated,” he wrote. “I hope the University will step in to avert this unfairness.” (The University did not step in to stop the unjust treatment of McKenna.)

dukechronicle.com By Gautam Hathi

SEPT. is False Allegation Month: Spotlight on DUKE’s Disgraceful Conduct Towards Males

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SEPT. is False Allegation Month: Spotlight on DUKE’s Disgraceful Conduct Towards Males

September is false allegation month. SOS is focusing on the awful actions of Duke’s professors and administrators when a male student(s) is accused of sex assault.

Regarding the false accusation against the three innocent Duke lacrosse males in 2006: Ashe Schow said it best. “The stunning things about the Duke lacrosse rape fraud were not merely that a dishonest, politically motivated DA and a rogue cop almost succeeded in framing totally innocent young men as perpetrators of a fabricated gang rape, but mainly the disgraceful conduct of more than 100 Duke professors and administrators and most of the national and local news media”  Regarding a false accusation against Ciaran McKenna in 2016. Ciaran said it best when he recently talked about his long emotional, fight to clear his name. If you recall, Ciaran was 17 years old when he flew from Glasgow, Scotland to attend Duke. He was popular and an accomplished athlete. He and another female had a consenting hook up, but afterwards, the girl falsely accused Ciaran of sex assault for which Duke suspended Ciaran for two years. Ciaran then launched a civil suit against the school which was recently settled out of court. Although the sum hasn’t been disclosed, Mr McKenna announced he will be donating a six-figure sum to the Duke Wrongful Convictions Clinic.

READ SOS’s Duke lacrosse articles       READ SOS’s Ciaran’s articles

DUKE SETTLES w Soccer Player. DUKE Avoids Exposing Their Biased & Covert TitleIX Process

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DUKE SETTLES w Soccer Player. DUKE Avoids Exposing Their Biased & Covert TitleIX Process

Ciaran McKenna, a soccer player for Duke, was in the U.S. on a student visa from the U.K. when a female student accused him of sexual assault months after their sexual encounter. Their dispute boils down to whether the sex that followed their making out was consensual. Duke’s hearing panel made several errors and showed partiality, according to McKenna. It used the wrong standard to judge whether the woman’s actions showed consent, which led Duke to convene a new hearing panel – a decision that amounted to “double jeopardy,” according to McKenna’s faculty advisor. Duke had a compelling reason to avoid trial.  Dean of Students Sue Wasiolek had been called to testify in McKenna’s case (as well as another that Duke also settled last month.) Dean Wasiolek had issued gender-stereotypical directives on consent, saying that men have the responsibility to get consent from women, even if both students were drunk.  According to McKenna’s attorney, Emilia Beskind, “my client is expected to graduate in December and remains a student in good standing at Duke with no disciplinary record.”

dailywire.com By Schow thecollegefix.com By Piper

COCKY DUKE in Court Hot Seat Over Sexual Misconduct Policy For 2nd Time

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COCKY DUKE in Court Hot Seat Over Sexual Misconduct Policy For 2nd Time

Duke University could be on the verge of its second major court loss in a month in cases that challenge how it deals with discipline of students accused of sexual misconduct. Superior Court Judge Henry Hight has to decide soon on whether a jury should hear would-be Duke graduate Lewis McLeod’s claims that the university broke a contract in 2014 by trying to expel him after a campus hearing panel decided he forced himself on a female first-year student. Duke wants the case dismissed, but Hight pressed the university’s lawyers to explain how the campus disciplinary process can protect “the rights of the accused” absent a contract between the institution and its students that guarantees those rights. The problem the judge’s question created is that the Durham school argues and the state’s courts have long agreed that for private universities at least, the promises of conduct-and-discipline policy handbooks like the Duke Community Standard in Practice aren’t actually binding. But McLeod’s lawyer, Rachel Hitch, said an obvious contradiction in its position sets up the possibility that Duke is guilty of fraud. Though McLeod’s case dates from 2014, the long delay means McLeod’s lawsuit’s is re-emerging in the public eye just nine days after another student, Ciaran McKenna, won a similar one against Duke.

heraldsun.com By Ray Gronberg

 

JUDGE AGREES w Falsely Accused Male in Sex Lawsuit Against Duke

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JUDGE AGREES w Falsely Accused Male in Sex Lawsuit Against Duke

Senior Resident Superior Court Judge Orlando Hudson permanently barred Duke from suspending junior Ciaran McKenna over sexual misconduct claims. McKenna claimed Duke breached its own policy by allowing a second hearing panel to hear the case at all, when instead the appeals panel should have “resolved the case” as specified by university procedure at the time. “The summary judgement motion was about the contract claim, that Duke has a contract with their students and in particular with this student, and that they violated that contract,” said Emilia Beskind, one of McKenna’s lawyers.  “The permanent injunction is based on the court’s finding on that claim.”  Jay Ferguson, McKenna’s other lawyer, stated that Duke official Janie Long is on record telling a student that an appeals board “will make the final decision” in cases where there’s no need for more testimony. Per Ferguson, Duke officials “didn’t want this court to see” that email, telling Judge Hudson that the university handed it over late in the trial-preparation process after McKenna’s lawyers asked them to confirm its authenticity or see Long called as a witness. Judge Hudson’s ruling effectively decided McKenna’s breach-of-contract lawsuit against Duke ahead of trial, leaving the two sides little more to do but argue about the damages Duke eventually might have to pay McKenna.

dukechronicle.com Staff  heraldsun.com By Ray Gronberg