The Heights September 30, 2019

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HEIGHTS For a Greater Boston College - Independent since 1970

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CENTENNIAL

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www.bcheights.com

Monday, September 30, 2019

Taking on pops

Saturday sweep

SPORTS

ARTS

Behind goals from three different players, No. 8 women’s hockey swept Merrimack College.

Natalie Marsan, the student singer at Pops on the Heights, traces her joruney from nursing to theatre.

A12

A18

Judge Questions BC Disciplinary Process Recently released court docs, transcript revealed details about the alleged sexual

The new lawsuit could offer the First Circuit of Appeals the chance to define fundamental fairness.

By Steven Everett

By Jack Miller

Editor-in-Chief

News Editor

and Jack Miller

and Abby Hunt

News Editor

Assoc. News Editor

The overturning of a Boston College student’s suspension in late August was largely due to a federal judge’s finding that BC’s investigatory model failed to adequately address questions of credibility in cases of sexual assault, according to recently released court proceedings. A document submitted by the student’s legal team noted that he is a student-athlete. When weighing the decision to stay the suspension, the judge also wrote that the student’s “extracurricular activity is central to him,” according to the court transcript. The University suspended the student, “John Doe,” on June 18 after finding him responsible for sexual assault in violation of BC’s Student Sexual Misconduct Policy. Last November, another BC student, “Jane Roe,” informed Associate Vice President of Student Affairs and Student Title IX Coordinator Melinda Stoops that Doe had engaged in a non-consensual sexual encounter with Roe while she was intoxicated. The University denied his appeal to this ruling on July 24. On Aug. 20, presiding Judge Douglas P. Woodlock ordered BC to allow Doe to register for classes and participate in all University activities, according to his order of preliminary injunction. BC filed an appeal of that decision on Aug. 28. The transcript of this hearing is yet to be released. Associate Vice President for University Communication Jack Dunn, and Stoops both declined to comment, citing student privacy in an ongoing disciplinary matter. Woodlock said in the transcript of the injunction hearing that the investigator-based model that BC uses failed to provide an opportunity for the two parties to propose lines of questioning and violated Doe’s right to a fair process. In cases of reported sexual misconduct, the University’s policy is to conduct an investigation that allows for the parties to sit for interviews, put forth evidence, name witnesses, and review the evidence collected. In this case, the investigators were Assistant Dean of Students Kristen O’Driscoll and external investigator Jennifer Davis. The confidential investigatory report, which was submitted by O’Driscoll and Davis to Stoops and Associate Dean of Students Corey Kelly on June 11, detailed the investigative process and the ultimate findings. The University provided this document to the court ahead of the preliminary injunction hearing. After Roe confirmed to Kelly in December that she wanted to go forward with BC’s sexual misconduct process, Kelly sent both parties “stay away” orders, which prohibited them from contacting each other. Doe and Kelly met three days later, according to a summary submitted by his attorneys. Investigators began separately interviewing Doe and Roe in January, beginning with a two-day session with Roe. After her interview, the investigators sent a written summary to Roe, who had five days to provide comments. The investigatory report noted that O’Driscoll and Davis considered these comments, and all other post-interview comments, in the final summaries and the

A recent lawsuit alleging that Boston College violated a student’s fair process rights could force colleges and universities across New England to reevaluate how they investigate accusations of sexual assault. In late August, federal Judge Douglas P. Woodlock ordered the University to allow a student-athlete—identified as “John Doe” in court documents—to enroll in courses this semester after finding that the University’s investigative model violated the principle of fundamental fairness. BC suspended Doe on June 18 after finding him responsible for sexual assault in violation of the University’s Student Sexual Misconduct Policy. BC employs a “single investigator model,” in which either one or two investigators interview the accused student, the complainant, and any witnesses before compiling the evidence and sending a report and finding to the Student Title IX Coordinator and what was then the Dean of Students office. In Doe’s case, the investigators were Assistant Dean of Students Kristen O’Driscoll and external investigator Jennifer Davis. The lawsuit arises as courts in both Massachusetts and across the country work to clarify how colleges and universities should conduct sexual assault investigations. Woodlock’s comments at the hearing suggest that Doe’s lawsuit could reconcile the different standards that private and public universities are held to. This began with the 2000 Schaer v. Brandeis University case, where the Supreme Judicial Court of Massachusetts ruled that private colleges and universities have to provide students accused of sexual assault with “fundamental fairness.” The decision drew on principles of Massachusetts common law, which holds that inherent in all contracts is a promise of fundamental fairness. The court upheld the argument that students and their universities agree to a contract, usually detailed in a student code of conduct or equivalent document. This ruling laid the groundwork for a litany of breach of contract and fundamental fairness lawsuits against institutions of higher education. Private colleges and universities in other states argue that by following the procedure laid out in their student codes of conduct, they assure fundamental fairness. Private colleges and universities in Massachusetts, however, must show both that they followed their own procedures and that those procedures are fair. Under the Obama administration, the Department of Education issued a “Dear Colleague” Letter in 2011 that reinterpreted Title IX—the federal civil rights law that prohibits discrimination on the basis of sex from education programs receiving federal financial assistance—to issue specific guidelines for colleges to use in their adjudication of student-on-student sexual assault cases. As colleges adapted their investigation and adjudication procedures to the Dear Colleague Letter, several Massachusetts schools faced lawsuits alleging separate charges of breach of contract and violations of fundamental fairness—raising the yet-to-be answered question of what fairness actually requires when it diverges from

See Investigation, A3

See Fairness, A3

Celine Lim / heights editor

27th Pops Raises $12.3 Milllion for Scholarships Leslie Odom Jr. headlined the Parents’ Weekend concert. By Emily Himes Assoc. Arts Editor Longtime alumni and parents of freshmen alike crowded into Conte Forum for the 27th annual Pops on The Heights, excited to experience a performance by the Tony

and Grammy award-winning Leslie Odom Jr. Upon entering the venue, attendees encountered a dazzling display—multicolored string lights and glowing orbs hung from the ceiling, twinkling above the bustling, soldout crowd. This year’s theme, “Broadway at The Heights,” featured songs and showtunes all generations know and love—and as an original Hamilton cast member, Odom Jr. fit right in with the night’s theatrical essence. Pops on The Heights has been one of

See Pops on the Heights, A3

Baker Announces FourMonth Ban on Vape Sales He said the move is in response to a “public health emergency.” By Colleen Martin Metro Editor Vaping product sales will be banned for four months in Massachusetts, as Governor Charlie Baker announced a public health emergency. The temporary prohibition will last until Jan. 25, 2020, according to a press release. “The use of e-cigarettes and marijuana vaping products is exploding and we are seeing reports of serious lung illnesses, particularly in our young people,” Baker said in a statement. “The purpose of this public health emergency is to temporarily pause all sales of vaping products so that we can work with our medical experts to identify what is making people sick and how to better regulate these products to protect the health of our residents.”

Sixty-one cases of unexplained pulmonary disease related to vaping have been reported to the Department of Public Health this month, the press release said. The U.S. Surgeon General has called youth vaping an epidemic, as mysterious reports of deaths related to vaping have been announced across the country. “Our priority is protecting the public health,” said Monica Bharel, the public health commissioner, in a statement. “The Governor’s actions today will help prevent more cases of this dangerous lung disease while getting people, especially young people, the help they need to quit.” During the ban, Baker will work with medical experts as well as state and federal officials to learn more about vaping illnesses and decide what further steps should be taken. Those groups will also work together to make sure the ban is enforced, per Baker’s press release. Shop owners were taken by surprise when the ban was announced yesterday.

See Vape Ban, A14

Leahy Signs Letter Voicing Concern Over Visa Delays The letter addressed recent trends in visa processing times. By Jack Miller News Editor

Celine Lim / heights editor

Explosive Offense Not Enough to Beat Wake AJ Dillon ran for 159 yards, and the Eagles racked up 536 total yards, but still fell to Wake Forest, 27-24. See A9.

INSIDE THIS ISSUE

FEATURES: Grocery Showdown

Grocery shopping on a budget still allows for gourmet dishes, recipes included........A4

METRO: Man Rescued from Res

Boston College President Rev. William P. Leahy, S.J., joined the presidents of 42 other Massachusetts colleges and universities in signing a letter expressing concern over recent developments in how the United States processes visas. The Association of Independent Colleges and Universities in Massachusetts (AICUM), of which BC is a member institution, sent the Sept. 16 letter to the state’s

A runner saved a man who was attempting to help a dog in distress at the Reservoir............A14

INDEX

congressional delegation. “As presidents of colleges and universities throughout Massachusetts, we write to share our concerns that recent developments in federal immigration policy are making it increasingly difficult for the Commonwealth’s colleges and universities to attract and retain international students, faculty and researchers,” the letter said. The letter made note of the 68,000 international students that attend Massachusetts colleges and universities and noted four specific areas of concern: increased visa processing delays, increased processing delays for Optional Practical Training, increased requests for evidence for H-1B visas, and

See Leahy, A3

NEWS.........................A2 METRO..................... A13

Vol. C, No. 17 MAGAZINE..................A4 SPORTS.................... A9 © 2019, The Heights, Inc. OPINIONS................... A6 ARTS..................... A18 www.bchelghts.com 69


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