THE DAILY ATHENAEUM
“Little good is accomplished without controversy, and no civic evil is ever defeated without publicity.”
da
Monday October 5, 2015
Volume 128, Issue 34
www.THEDAONLINE.com
BOG drafts sexual harassment proposals
BOOMERED
by jake jarvis staff writer @dailyathenaeum
West Virginia 24 44 Oklahoma askar salikhov/THE DAILY ATHENAEUM
West Virginia quarterback Skyler Howard walks off the field after committing a turnover against the Sooners Saturday.
WVU falls to Oklahoma 44-25, commits 5 turnovers in first loss of the season
WVU law students take on case in Federal Circuit by rachel mcbride staff writer @dailyathenaeum
Two West Virginia University law students had the opportunity to apply everything they’ve learned about law and gain real courtroom experience as they defended a Honduran native against the Attorney General of the United States on Sept. 24. Third-year law students Kirk Auvil and Phillip Wachowiak had only four weeks to comprehend and study the 400-page case before they represented Rufino Antonio EstradaMartinez in Rufino Antonio Estrada-Martinez v.
Loretta E. Lynch, Attorney General of the United States of America in front of the U.S. Court of Appeals for the Seventh Circuit in Chicago. “(Kirk and Auvil) started at ground zero,” said Robert S. Whitehill, clinic co-director partner for Fox Rothschild, LLP in Pittsburgh, Pennsylvania. “They had to learn the record of the case below, learn the applicable law, develop arguments to support our position and be prepared to argue them before one of the most respected Courts in the United States.” In a previous case, an immigration judge granted Honduran national Es-
trada-Martinez a withholding of removal, which protects citizens from being deported to their home countries where they face persecution. The U.S. Board of Immigration Appeals reversed the decision based on evidence illustrating that Estrada-Martinez was convicted of serious crimes in Honduras. With the help of WVU’s Immigration Law Clinic, Estrada-Martinez appealed the BIA’s conviction. “The students and the law school feel a sense of pride and accomplishment,” Whitehill said. “This was a rare opportunity to learn to be a lawyer and to be a lawyer at the highest
level.” Whitehill said arguing before the federal circuit court is a challenge that some lawyers never get to experience. “This was trial by fire to the extreme, and neither Kirk nor I had ever done anything like this before,” Wachowiak said. “It was massive responsibility and was, quite literally, the first case I had ever argued before a judge.” Despite the stress, Kirk and Auvil treated the experience as a challenge and saw a chance to not only follow their passion for law, but to also help some-
West Virginia University’s Board of Governors is updating two University policies that will affect how administrators deal with sexual and domestic assault. “Importantly, these changes will further West Virginia University’s commitment to fostering a safe and respectful environment for all,” according to a post on MIX. Among other things, the proposed changes bring the University’s definition of rape, fondling, statutory rape and incest into line with the definitions used by the FBI Uniform Crime Reporting program. One of the largest changes under the proposed rule is integrating social media into how the school classifies sexual harassment. “Sexual harassment can really take place in any form,” said Mariana Matthews, a campus safety grant resource associate who works with the campus’ peer advocates. “The reason why texts and social media have been added to sexual harassment policies now is because those (platforms) are so heavily present in our lives, it (has) spread there.” Under the new policy, text messages, emails and social media can all count as written forms of sexual harassment. The definition of stalking is also expanded on under the proposed rule to include “any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person in a way prohibited…”
A person is considered to be stalked if they fear their safety or the safety of others or if they have serious emotional distress, according to the proposed changes. In WVU’s most recent Clery Report, University Police reported 16 instances of stalking at WVU, of which 10 occurred on campus. The new policy further discusses when intoxication can prevent a person from giving consent to have sex. “Intoxication from alcohol or drug use, alone, does not bar consent,” the proposal reads, “but can when a party is so intoxicated as to be incapacitated…” Also prohibited by the proposed policy is forcible consent, in which a person is forced to give consent by fear or intimidation to have sex. Under the current rules, students or members of the University community have been prohibited from retaliating against someone who reports sexual assault. Under the proposed rules, the definition of retaliation is expanding. Tampering with relevant evidence and intimidating or attempting to influence the testimony of the person who reported the sexual assault would be prohibited. The Board will meet next at 8:30 a.m. on Nov. 6 at the Erickson Alumni Center on the Evansdale Campus. Members of the public have until Nov. 3 to offer comments to the Board of Governors. To submit a comment into the official public record, people are advised to email Valerie Lopez, special assistant to the Board, at valerie.lopez@mail.wvu.edu. danewsroom@mail.wvu.edu
see federal on PAGE 2
Phoenix Bakery opens in place of New Day Bakery TENT CITY RETURNS
Askar Salikhov/THE DAILY ATHENAEUM
Phoenix Bakery was opened in place of the old bakery by three Morgantown residents with business experience.
by jordan miller correspondent @dailyathenaeum
It was a sad day for Morgantown residents when the New Day Bakery in South Park closed its doors last June. With a passion for bread and pastries, three former New Day employees opened the newly renovated space on Kingwood Street last month under the name Phoenix Bakery. “We’re rising from the ashes,” said Tyler Wright, a co-owner of Phoenix. Wright said reopening
was a lengthy process involving a lot of hard work for him and his co-owners, Tracy Strother and Danny Hoover. In a thorough cleaning, walls were de-greased, patched and painted, and the floors were completely refinished. The three co-owners attended small business coaching through WVU’s Business LaunchLab, as well as a small business seminar. In addition to acquiring a business license and an accountant, the coowners did everything they could think of to prepare
74°/49°
WATERCOLOR DOWNPOUR
INSIDE
Morgantown esidents experience “Arts Walk” A&E PAGE 4
SUNNY
News: 1, 2 Opinion: 3 A&E: 4, 5 Sports: 8, 9, 10 Campus Calendar: 6 Puzzles: 6 Classifieds: 8
for their big reopening on Sept. 16. “We’ve had amazing reception so far,” Wright said. “We’ve been really, really busy… We’ve been selling a lot of bread and a lot of pizza, and this past week has just proved how much people missed us.” As for New Day’s signature recipes, Phoenix Bakery has given them a second life. Wright said the co-owners were able to track down old favorite recipes for bread and scones, dating as far back as Daily Kneads, the bakery that occupied
the building until 2007, when New Day opened its doors. Right now, the co-owners are having fun with specials like Irish Soda Bread and this month’s Pan de Muerto— a traditional Mexican bread for Day of the Dead. Eventually, Wright said the co-owners would like to offer a monthly bread of the world, featuring doughs and specialties from different countries. Other special menu items offered by the bakery include pepperoni rolls, sweet rolls and a wide variety of muffins, described as “daily offerings.” The co-owners at Phoenix Bakery said they have made a network with other small businesses in town that all support each other, including Morgantown Brewing Company, Apothecary Ale House & Cafe and KD’s Bar. “It’s good for the community. If we all do well, it’s going to be better for the neighborhood in general,” Wright said. Strother, another coowner of Phoenix, urged community members to step out of their comfort zones and give smaller places like Phoenix a try. “(As) local businesses, we’re your neighbors,” she said. “I know Panera is
Kyle Monroe/THE DAILY ATHENAEUM
Students start pitching tents and camping out on the Mountainlair Green Sunday evening as the sun sets on the Downtown Campus.
Kyle Monroe/THE DAILY ATHENAEUM
Tommy Skinner, a senior finance and accounting student, stands outside of his tent on the Mountainlair Green Sunday evening.
see BAKERY on PAGE 2
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As Homecoming Week begins, students get an early start to rebuilding Tent City.
HILLARY CLINTON Not the ideal candidate for female voters
FALLING SHORT WVU seniors go 0-for-4 against Oklahoma SPORTS PAGE 9
OPINION PAGE 3
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