The Heights September 23, 2019

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HEIGHTS For a Greater Boston College - Independent since 1970

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Monday, September 23, 2019

Making a Splash

Scoring struggles

SPORTS

ARTS

Men’s socccer lost to Pittsburgh on Friday, 2-0, and has been held scoreless through two ACC games.

“Water Glass” singer Cannon Few has transformed from a dorm room freestyler to a professional musician at BC.

A12

A16

Alumnus Lawsuit Jury Trial Begins

The plantiff alleges improper intereference in his 2012 suspension.

By Jack Miller

News Editor

and Jack Goldman

Senior News Correspondent

The lawsuit brought by a Boston College alumnus against the University for allegedly interfering in his 2012 disciplinary hearing over sexual assault accusations went to jury trial on Monday. The plantiff is alleging that BC violated the doctrine of basic fairness when a 2012 Administrative Hearing Board found him responsible for an incident of sexual assault that year. The alumnus—identified only as “John Doe” in court documents— brought the lawsuit after the University found him responsible for sexually assaulting a fellow student on the annual AHANA Leadership Council Boat Cruise. Doe was covering the cruise for The Heights when the incident occurred. The University initially suspended him for three semesters, and he is seeking $3 million in damages and an expunged disciplinary record. Doe was arrested the night of the cruise and charged with indecent assault and battery, but forensic evidence and video analysis released in early 2013 suggested that Doe did not commit the alleged assault. Prosecutors officially dropped the charges in May 2014. Doe’s lawyers began opening arguments by detailing the sequence of events surrounding the alleged

sexual assault. On the night of the boat cruise—Oct. 20, 2012—Doe made his way across the dance floor with “JK”, an acquaintance of his. At one point, the victim—identified in court as “AB”— turned around and yelled something at Doe, believing him to have just sexually assaulted her. Shortly afterward, security guards found Doe and brought him to state police, who covered his hands for later forensic testing. Doe spent the night in jail, and a family friend bailed him out early the next morning. Doe’s lawyers explained his alternate culprit defense, which Doe had used as his primary defense during the disciplinary hearings. They asserted that JK—who had been drinking that night—turned to Doe just moments after the alleged sexual assault to say, “Sorry dude, that was my bad.” Over the next few days, Doe’s lawyers emphasized that JK texted Doe and several of his friends, concerned about the events of that night. Doe’s lawyers presented the texts as a combination of a guilty conscience and severe intoxication. Later in the trial, Doe’s lawyers presented a text JK had sent Doe the next morning in which he admitted to having “0 recollection of the boat cruise… What did they say they took u in for?” Doe’s lawyers then recounted the history of the criminal charges, even though evidence from the criminal investigation does not fall within the scope of the trial. From there, Doe’s lawyers presented excerpts of the Student Code of Conduct, which they argued made several promises about disciplinary hearing

and fair process, and they explained the events that unfolded at BC in the fall of 2012. In October, Doe had three meetings with then-Senior Associate Dean of Students Carole Hughes, who his lawyers said refused to wait for forensic evidence to return, preferring a twoweek timeline. The board, led by Catherine-Mary Rivera, then-program manager in the Office of Residential Life, convened on Nov. 8. There were four other people on the board, including an undergraduate student and three other BC employees. Doe’s lawyers told the jury that no evidence of the crime came up on the first day, nor did the board call JK as a witness. Hughes met with JK the following day to assure him that he would appear only as a witness and not a suspect. On Nov. 11, Hughes allegedly instructed Assistant Dean for Conduct Christine Davis to tell Rivera in an email to put JK “at ease,” according to Doe’s lawyers. This email is one of two communications that Doe’s lawyers claim interfered with the alternate culprit defense. On Nov. 16, the panel had still not come to any conclusions. In an email to Hughes, Rivera said that they were not leaning toward either “responsible” or “not responsible” and asked Hughes if “no finding” was an option, Doe’s lawyers said. Hughes then told Rivera that then-Dean of Students Paul Chebator said such a result would be “discouraged,” according to Doe’s lawyers—the second key communication.

See Lawsuit, A3

Meegan Minahan / heights editor

Boston Students March in Friday Climate Strike The protest was one of 1,100 held across the country. By Lauren Wittenmeyer For The Heights and Juliann Zhou

For The Heights Thousands of Boston students were dismissed from school on Friday to rally at the Climate Strike in front of City Hall—one of the 1,100 strikes held last week, according to Strike With Us. Students from over 150 nations organized strikes urging their governments to address climate change in anticipation of the United Nations’ 2019 Climate Summit. In one of the largest youth-led movements in the city’s history, people from all across the Boston area gathered at City Hall Plaza on Friday to protest government inaction against climate change. The crowd,

mostly made up of high school and college students in bright t-shirts and Vans, rallied around three demands: that Governor Charlie Baker declare a statewide climate emergency, that congressmen and women pass policies to benefit residents in poor and polluted areas, and that the state stop using fossil fuels. “I am striking because I think that we have this opportunity, finally, to be able to express ourselves and have a voice and show our politicians that we care about this crisis and they should too,” said Anjali Mitra, a senior at Brookline High School. “So I’m here to show up for all of the people who can’t be here today who are affected by climate change, and I am here to show that our politicians need to stand up for us and our generation.” Students left class, and the movement began around 10 a.m. with community events like craft activities, organization tabling, and poster-making. The rally began

See Climate Change, A5

Newton Mayor Plans to Take Back Webster Woods The University bought the land from Newton for $20 million in 2016. By Colleen Martin Metro Editor

jonathan ye / heights editor

Hunter Hayes Has Heart-to-Heart at Stokes Set The platinum country singer opened up onstage about his difficulties with fitting in while remaining authentic. See A15.

Newton Mayor Ruthanne Fuller is seeking to reclaim Webster Woods from Boston College. BC purchased the land at 300 Hammond Pond Parkway in 2016, sparking uproar from community members who feared that the land would be used for development. Fuller, then a member of the City Council, and the City Council were

not opposed to BC owning the land when it was purchased, the University said in a press release. BC said that it will oppose the mayor’s actions to reclaim the woods, and it will take all legal actions necessary to keep Webster Woods under control of the University. “While I understand that they’re disappointed the City of Newton is moving forward, I’m also disappointed we couldn’t come to an amicable solution to this,” Fuller said in an interview with The Heights. “They see this land as critical to their future, but we, the City of Newton, know it is

See Webster Woods, A5

BC Professors Support Newton Judge

Their brief called for her obstruction charge to be dropped. By Colleen Martin Metro Editor Six Boston College law professors have signed onto a brief urging the Supreme Court to drop the obstruction charges against Shelley Joseph, a Newton District Court judge. Joseph has been accused of helping a man escape from the courthouse while Immigration and Customs Enforce-

INSIDE THIS ISSUE

ment (ICE) officers waited in the front to detain him in April of 2018. She filed a motion to have her charges dropped on Sept. 6. The six professors were part of a group of 61 retired judges to sign on. Ten BC Law alumni also put their names on the letter. “The federal prosecution of a sitting Massachusetts state court judge, premised on acts undertaken in the normal course of the judge’s rightful exercise of judicial discretion and in furtherance of the constitutional obligation to protect the rights of the individual who stands before her, poses a serious and unwarranted threat to the independence of state court judges,”

FEATURE: Hartmut Austen

The BC studio art professor showcased his paintings in McMullen Museum............... A4

the brief says. Judges have the power to hold control over their courtrooms, and to “check, limit, and reject” the executive branch, the document says. “I just try to put myself in her shoes, because I’ve been there,” said Paul Chernoff, BC Law professor who signed onto the brief. “Not with this kind of case, but I’ve been in that courtroom.” Chernoff worked in the Newton District Court for eight years at the beginning of his judicial career, just as Joseph did. Joseph had

See Newton Judge, A5

Bradley Smart / heights editor

Eagles Back on Track

In the first road game of the year, AJ Dillon and BC overpowered Rutgers, 30-16. See A9.

METRO: The Spoken Word Poet Harold Green comes to the Isabella Stewart Gardner Museum for a live performance....... A5

INDEX

NEWS.........................A2 METRO..................... A5 Vol. C, No. 16 © 2019, The Heights, Inc. MAGAZINE.................. A4 SPORTS.................... A9 www.bchelghts.com OPINIONS................... A6 ARTS..................... A16 69


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