NORTHWEST
East Oregonian
Page 2A
Thursday, March 24, 2016
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Two suspended Oregon basketball players sue for $10M each
or campus even before a
disciplinary hearing is held
so that the accuser does not
By MICHELLE R. SMITH
sity of Oregon basketball 173 schools.
Associated Press
players suspended over 2014
Known as the “Dear have to cross paths with her
rape accusations sued for $10 Colleague Letter,” it has been alleged attacker. Disciplinary
After years of complaints million each after prosecutors hailed by advocates who proceedings can take months,
say many schools are now meaning the accused can
that they weren’t taking declined to bring charges.
A federal judge in Rhode moving in the right direction miss a year of school before
sexual assault reports seri-
RXVO\ FROOHJHV DUH ¿QDOO\ Island last month allowed a to address campus sexual the case is decided.
Advocates
for
both
GRLQJ VR ² DQG ¿QGLQJ case to move forward by a assaults.
“For a very long time, accusers and the accused
themselves slammed with Brown University student
lawsuits from men who say suspended for 2 1/2 years there was no due process for say college disciplinary
they were unfairly suspended over a sexual assault accusa- victims. Victims were told processes are often vague
tion.
to withdraw from school. and applied inconsistently.
or otherwise punished.
The
get-tough
approach
Victims were told to take the Some schools have a single
The schools are feeling
by colleges is attributed semester off,” said Colby investigator; others have a
caught in the middle.
“We’re trying to walk the largely to a 2011 letter from %UXQRRIWKHQRQSUR¿W9LFWLP panel with faculty members.
razor’s edge between being the U.S. Department of Rights Law Center. Now, Some include students. Some
more attentive to the issue (GXFDWLRQ¶V 2I¿FH IRU &LYLO “yes, there are more deci- allow lawyers, others don’t.
Some critics have said
but still being fair to all our Rights. The letter told schools sions against perpetrators.
students,” said Dana Scaduto, they must promptly inves- Yes, perpetrators are being that universities should not
general counsel at Dickinson tigate allegations of sexual held accountable. And that is be handling such cases at all
and that sex crimes should
College in Carlisle, Penn- assault and harassment, even going to bother people.”
Advocates for the accused instead be reported to police.
V\OYDQLD ZKR KDV WHVWL¿HG if the accuser does not make
But victims’ advocates
before Congress on the issue. a complaint to the institution. say that school disciplinary
It instructed schools to rely panels are unequipped to and many schools oppose
At least 75 men have
sued their schools since on the preponderance-of-evi- handle such serious allega- that, saying it would
2013, complaining largely dence standard used in civil tions and that colleges have discourage women from
of reverse discrimination and cases, instead of the beyond- gone so far to accommodate coming forward. Also, police
unfair disciplinary proceed- a-reasonable-doubt standard alleged victims that they are investigations can take
ings. Most were never employed in criminal trials. trampling on the rights of the months, and prosecutions
longer, meaning some cases
charged with a crime because That means a student can accused.
Under the federal guid- might not be resolved before
the accuser didn’t go to police be disciplined if the college
or authorities decided there ¿QGV LW PRUH OLNHO\ WKDQ QRW ance, when a school learns of graduation.
Andrew Miltenberg, who
that an assault occurred.
allegations of sexual assault
wasn’t enough evidence.
represents
the Brown student
Schools that do not comply or harassment, it must take
This month, former Yale
University basketball player can face an investigation and immediate steps to ensure and close to 100 other male
Jack Montague said he a cutoff of federal money. As the victim’s learning environ- students accused of campus
sexual assaults, said schools
planned to sue after he was RIPLG0DUFKWKH2I¿FHIRU ment is free of hostility.
The accused can be have become “hyper-ag-
expelled over a sexual assault Civil Rights was conducting
allegation, and two Univer- 219 such investigations at removed from a class, dorm gressive” since the Dear
Colleague Letter.
A common thread in his
cases, Miltenberg said, is
that they had some element
of a consensual encounter, in
which the two were dating or
knew each other. Alcohol is
often involved, sometimes a
year or more has elapsed, and
there are rarely witnesses.
“Part of the problem
LV WKH\¶UH UHGH¿QLQJ ZKDW
consent means,” he said.
“Now all of that adds up to
more cases, more allegations
and more hearings, and this
is where the schools are in
a tough spot and can and
should be doing better.”
Such accusations can
brand a student for life or
put his education on hold for
years, Miltenberg said.
“I even have Ivy league
students
who’ve
been
suspended who can’t get into
a local community college
during their suspension,” he
said.
Miltenberg
represents
Paul Nungesser, who sued
Columbia University, saying
it violated his rights when
it allowed fellow student
Emma Sulkowicz to obtain
class credit for her “Mattress
Project,” in which she
carried around the mattress
on which she said he raped
her. Nungesser denied the
accusation and was found
not responsible by the school
disciplinary process.
Nungesser said in his
lawsuit that he was branded
a “serial rapist” and forced to
return to his native Germany
because he couldn’t get a
job in the U.S. A judge this
month dismissed the lawsuit
EXWVDLG1XQJHVVHUPD\UH¿OH
some claims.
Sulkowicz went to police
with her allegation against
Nungesser, but they did not
bring charges. She has said
the campus disciplinary
process was badly mishan-
dled.
In a 2014 essay in Time
magazine titled “My Rapist
Is Still on Campus,” she
wrote of crying and hyper-
ventilating when she learned
he had asked permission to
work in the darkroom during
a photography class she was
taking.
“As long as he’s on
campus with me, he can
continue to harass me,” she
wrote.
Scaduto, of Dickinson
College, questioned whether
colleges are equipped to
handle such matters.
“I don’t want to step away
from the issues,” she said,
“but I don’t know that we
have the training the skill the
resources to do it in-house
anymore.”
BRIEFLY
Water supply improved for
Owyhee farms
ONTARIO (AP) — Farms that rely on
water from the Owyhee Reservoir will be
getting a larger allotment this year.
The Capital Press reports that the Owyhee
Irrigation District board of directors has set the
2016 allotment at 3 acre-feet for now, and the
amount is expected to increase as water from
WKHVQRZSDFNÀRZVLQWRWKHUHVHUYRLU
Even if stays at 3 acre-feet, that’s a big
increase over the past two years. Because of
drought, irrigators only got 1.7 acre-feet last
year and 1.6 acre-feet in 2014.
The reservoir provides irrigation water for
1,800 farms and 118,000 acres in Malheur
County in Eastern Oregon and around
Homedale and Marsing in southwestern Idaho.
announced on Wednesday that he will hold a
rally in Portland on Friday at the Moda Center,
home of the Portland Trail Blazers.
Sanders has campaigned in Washington
state and Idaho during the past week.
Last Saturday he drew a crowd of about
7,500 at a rally across the river in Vancouver,
Washington.
Sanders’ Democratic rival, Hillary Clinton,
and her husband Bill have been campaigning
in the region ahead of Saturday’s caucuses
in Washington state. Bill Clinton stopped in
Portland for a surprise visit on Monday.
Sanders is popular in the Northwest. He
packed the Moda Center during a rally there
last August.
Over that same period, the amount of
processed marijuana seized dropped from
3,126 pounds of product to 635 pounds, less
WKDQDTXDUWHURIZKDWDJHQFLHVKDGIRXQG¿YH
years ago.
The Yakima Herald-Republic says the
Washington State Patrol attributes the drop
to increased air reconnaissance and joint
cooperation between state, local and federal
law enforcement.
California consistently leads the nation in
illegal marijuana production, with more than
2.6 million plants seized in 2014.
Rescuers searching for skipper
RIFDSVL]HG2UH¿VKLQJERDW
Production of illegal marijuana
drops in Washington
COOS BAY (AP) — A boat returning
WRSRUWZLWKDORDGRI¿VKRYHUWXUQHGDQG
rescuers were searching for the missing
skipper.
Coast Guard spokeswoman Rachel Steiner
said the Patty AJ capsized Wednesday while
making a turn in the channel of Coos Bay.
Three of the four people aboard the vessel
reached safety while a Coast Guard helicopter,
WZRERDWVDQGDGLYHVTXDGVFUDPEOHGWR¿QG
the captain.
YAKIMA, Wash. (AP) — A new report
says the production of illegal marijuana
has dropped dramatically in recent years in
Washington state.
The U.S. Drug Enforcement Administration
says the number of marijuana plants seized in
Washington state in 2014 was 57,000 — about
80 percent less than what was seized in 2010.
Sanders announces Friday
rally in Portland
PORTLAND (AP) — Democratic
presidential candidate Bernie Sanders is
coming to Portland at the end of the week.
The Vermont senator’s campaign
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Breezy with clouds
and sun
A bit of morning
snow
52° 38°
52° 30°
Mostly cloudy with
a shower
Partly sunny, a
shower; cool
52° 35°
56° 38°
51° 32°
HERMISTON TEMPERATURE FORECAST
58° 31°
PENDLETON
through 3 p.m. yesterday
TEMPERATURE
HIGH
Yesterday
Normals
Records
LOW
57°
57°
74° (1960)
38°
37°
20° (1904)
PRECIPITATION
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
0.00"
1.39"
1.02"
3.76"
2.35"
3.57"
HERMISTON
through 3 p.m. yesterday
TEMPERATURE
HIGH
Yesterday
Normals
Records
LOW
59°
60°
79° (1940)
42°
36°
19° (2013)
PRECIPITATION
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
0.00"
1.21"
0.69"
2.70"
1.30"
2.96"
SUN AND MOON
Sunrise today
Sunset tonight
Moonrise today
Moonset today
Last
New
Mar 31
Apr 7
57° 38°
60° 36°
57° 34°
Seattle
51/41
ALMANAC
First
6:50 a.m.
7:13 p.m.
8:39 p.m.
7:31 a.m.
Full
Apr 13
Apr 21
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REGIONAL CITIES
Today
MONDAY
SUNDAY
PENDLETON TEMPERATURE FORECAST
57° 41°
NEWS
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Real Estate Advertising: Jodi Snook
MVQRRN#HDVWRUHJRQLDQFRP
SATURDAY
Mostly sunny
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Forecast
FRIDAY
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Copyright © 2016, EO Media Group
TODAY
Ronald Silva owns and usually skippers the
Patty AJ. On Wednesday, however, he turned it
over to someone else.
Silva told The World newspaper of Coos
Bay that the man usually skippers another
boat: “But it went crabbing today and he
doesn’t like crabbing, so he decided to help us
out.”
The Bandon and Airport Dive Team
¿QLVKHGWKHLUVHDUFKRIWKH3DWW\$-ODWHLQWKH
morning. Diver Bob Hood said the boat was
RQLWVVLGHDQGFRPSOHWHO\ÀRRGHG
“The cabin door was shut but not locked,”
Hood said. “I was able to open it and get partly
LQVLGHEXWLWZDVÀRRGHGWRR´
He looked through the windows for any
DLUSRFNHWVEXWFRXOGQ¶W¿QGDQ\+HVSHQW
minutes searching for any way into the vessel,
but there was too much entanglement with
nets and ropes to get in.
Spokane
Wenatchee
50/34
57/38
Tacoma
Moses
51/39
Lake
Pullman
Aberdeen Olympia
Yakima 57/36
47/34
50/41
51/39
59/34
Longview
Kennewick Walla Walla
51/44
51/39 Lewiston
59/42
Astoria
53/38
52/42
Portland
Enterprise
Hermiston
54/44
Pendleton 43/30
The Dalles 57/41
52/38
56/40
La Grande
Salem
47/34
54/42
Albany
Corvallis 54/43
55/42
John Day
49/33
Ontario
Eugene
Bend
57/37
55/40
49/27
Caldwell
Burns
57/37
51/28
Astoria
Baker City
Bend
Brookings
Burns
Enterprise
Eugene
Heppner
Hermiston
John Day
Klamath Falls
La Grande
Meacham
Medford
Newport
North Bend
Ontario
Pasco
Pendleton
Portland
Redmond
Salem
Spokane
Ukiah
Vancouver
Walla Walla
Yakima
Hi
52
48
49
56
51
43
55
50
57
49
54
47
43
61
52
55
57
58
52
54
50
54
50
45
53
51
59
Lo
42
31
27
41
28
30
40
35
41
33
26
34
32
37
44
42
37
41
38
44
28
42
34
30
44
39
34
W
r
pc
c
c
pc
pc
c
pc
pc
pc
c
pc
pc
c
sh
c
c
pc
pc
sh
c
c
pc
pc
sh
pc
pc
NATIONAL WEATHER TODAY
Fri.
Hi
52
45
45
56
45
40
56
50
58
45
51
46
43
59
52
55
53
60
52
55
48
56
51
44
54
53
61
Lo
40
20
23
43
22
21
36
29
31
29
25
28
21
34
42
42
29
33
30
39
22
38
32
25
39
33
31
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
W
c
sn
c
pc
sn
s
c
sn
sh
sn
pc
sn
sn
pc
sh
c
sn
pc
sn
sh
sn
c
pc
sn
sh
sh
pc
WORLD CITIES
Today
Beijing
Hong Kong
Jerusalem
London
Mexico City
Moscow
Paris
Rome
Seoul
Sydney
Tokyo
Hi
58
62
78
53
79
29
52
60
53
79
48
Lo
31
53
55
45
50
21
43
40
31
63
41
W
s
sh
pc
r
pc
sn
c
sh
pc
pc
r
Fri.
Hi
59
58
76
57
80
33
54
60
52
78
51
Lo
34
55
61
44
53
26
42
47
32
65
41
W
s
r
pc
pc
pc
s
r
s
s
pc
pc
WINDS
Medford
61/37
(in mph)
Klamath Falls
54/26
Boardman
Pendleton
REGIONAL FORECAST
Eastern Washington: Some sun today;
showers around across the south, near the
Idaho border and in the mountains.
Cascades: A bit of snow in central parts to-
day; a bit of morning snow, then a little rain
across the north. A shower in the south.
Northern California: Partial sunshine today.
Mainly clear tonight. Partly sunny tomorrow.
Friday
WNW 6-12
W 7-14
UV INDEX TODAY
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
Coastal Oregon: Mostly cloudy today;
periods of rain across the north. A little rain
tonight.
Eastern and Central Oregon: Clouds and
sunshine today with a shower, except dry
near the Cascades.
Western Washington: Mostly cloudy today
with a brief shower or two. A touch of rain
tonight.
Today
WSW 12-25
WSW 12-25
0
2
4
4
2
0
8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m.
0-2, Low
3-5, Moderate 6-7, High;
8-10, Very High;
11+, Extreme
The higher the AccuWeather.com UV Index™ num-
ber, the greater the need for eye and skin protection.
Forecasts and graphics provided by
AccuWeather, Inc. ©2016
-10s
-0s
showers t-storms
0s
10s
rain
20s
flurries
30s
40s
snow
ice
50s
60s
cold front
70s
80s
90s
100s
warm front stationary front
110s
high
low
National Summary: Severe storms will extend from the Ohio Valley to the Gulf Coast today.
Snow, ice and rain will extend from New England to the Great Lakes. Rain and snow will
extend from the Northwest to the Rockies.
Yesterday’s National Extremes: (for the 48 contiguous states)
High 95° in Zapata, Texas
Low 5° in Ely, Minn.
NATIONAL CITIES
Today
Albuquerque
Atlanta
Atlantic City
Baltimore
Billings
Birmingham
Boise
Boston
Charleston, SC
Charleston, WV
Chicago
Cleveland
Dallas
Denver
Detroit
El Paso
Fairbanks
Fargo
Honolulu
Houston
Indianapolis
Jacksonville
Kansas City
Las Vegas
Little Rock
Los Angeles
Hi
63
75
65
74
53
70
54
43
80
76
49
64
66
47
61
69
39
46
81
67
63
82
47
75
62
79
Lo
34
55
55
60
34
46
36
40
65
48
28
39
42
26
32
42
19
31
70
44
34
65
27
54
37
56
W
s
t
pc
s
c
t
c
sh
s
c
r
r
s
pc
r
s
s
s
pc
pc
r
pc
s
s
pc
s
Fri.
Hi
68
69
65
71
42
68
49
62
79
55
46
40
72
43
46
77
47
47
80
71
51
81
59
79
62
77
Lo
38
47
43
40
23
42
29
39
62
36
34
31
51
21
31
50
26
25
69
49
35
64
44
55
41
55
Today
W
s
s
sh
pc
sn
s
sn
r
t
pc
s
pc
s
pc
pc
s
pc
sn
c
s
s
t
pc
s
s
s
Louisville
Memphis
Miami
Milwaukee
Minneapolis
Nashville
New Orleans
New York City
Oklahoma City
Omaha
Philadelphia
Phoenix
Portland, ME
Providence
Raleigh
Rapid City
Reno
Sacramento
St. Louis
Salt Lake City
San Diego
San Francisco
Seattle
Tucson
Washington, DC
Wichita
Hi
68
67
81
39
43
70
77
56
61
42
72
81
34
48
79
52
67
71
61
57
75
66
51
78
76
57
Lo
41
39
74
25
26
41
55
54
36
26
60
54
32
43
61
29
36
46
34
38
56
51
41
46
62
31
W
t
t
t
sn
pc
t
t
c
s
pc
pc
s
i
c
s
pc
s
s
c
pc
s
s
r
s
s
s
Fri.
Hi
55
60
85
38
45
59
71
69
71
58
72
85
51
63
75
48
67
72
57
49
70
65
54
81
71
69
Lo
37
43
74
31
35
37
54
42
48
35
43
57
34
40
48
18
33
47
40
33
57
52
39
49
43
43
Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain,
sf-snow flurries, sn-snow, i-ice.
W
s
s
c
s
pc
s
s
sh
s
pc
pc
s
r
r
sh
sh
pc
s
s
r
s
s
c
s
pc
pc
