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The Chronicle T H E I N D E P E N D E N T D A I LY AT D U K E U N I V E R S I T Y
FRIDAY, FEBRUARY 3, 2017
WWW.DUKECHRONICLE.COM
ONE HUNDRED AND TWELFTH YEAR, ISSUE 53
Report: Men’s soccer player suspended for rape sues Duke Player argues hearings were mishandled after alleged assault of female student Staff Reports The Chronicle A Duke men’s soccer player accused of sexual assault has been granted a reprieve, WRAL reported originally reported Wednesday. WRAL’s article noted that the University suspended the student last Friday after deciding that he had violated the Student Sexual Misconduct Policy. But Superior Court Judge Orlando Hudson issued a temporary restraining order Tuesday against Duke. The player has filed a lawsuit against Duke and Stephen Bryan, associate dean of students and director of the Office of Student Conduct, according to WRAL. The suit claims that the player faced a violation of his due process rights. The alleged incident occurred Nov. 14, 2015 when the two students met at a Durham nightclub and then later had sex, according to the lawsuit. The player claims it was consensual, but several months later, the female student filed a complaint with OSC, the suit says. At 1:56 p.m. Wednesday, the lawsuit was sealed to redact student names and other identifying information. According to a copy of the motion to seal the file, obtained by The Chronicle, Duke submitted the motion and requested the Court to temporarily seal the complaint for seven days to remove the information.
Kevin Zheng | The Chronicle The lawsuit, filed by a men’s soccer player, claims that Duke and Dean Stephen Bryan mishandled the player’s hearings regarding an alleged sexual assault.
“Duke seeks to protect the confidentiality of student disciplinary hearings, including the identities of the students involved,” the motion reads. According to WRAL, the now-sealed lawsuit notes that the men’s soccer player is on a student visa from the United Kingdom. There is only one player on the men’s soccer roster from the United Kingdom— sophomore midfielder Ciaran McKenna. A
team spokesperson declined to comment. The player’s lawsuit alleges that the player was suspended for six semesters effective Jan. 27, which the player says would result in loss of his student visa and damage to his professional aspirations. According to the lawsuit, the case was originally heard by a Duke disciplinary panel in July 2016, which concluded that the female student did not verbally deny
consent but that her actions did not give consent. The player then appealed this ruling. After an appeals board concluded that the panel had not applied the correct “reasonable person” standard pursuant to Duke policy, the lawsuit says, the case was sent back to the original panel. But the player alleges Bryan set up a new panel to hear the dispute instead, and that this panel found that the female student had in fact verbally denied consent. The player alleges in the lawsuit that Bryan violated Duke policy in setting up the second panel, especially when he alleges the first panel had partially cleared him of wrongdoing. According to the Student Affairs website, the Office of Student Conduct decides if a case should be resolved through a hearing panel and if so, it appoints a specially trained three-person hearing panel—typically including two faculty or staff members and one student and “when possible, at least one representative of the complainant’s and respondent’s school[s].” “A finding of responsibility must be based on a unanimous vote,” the policy reads. “Sanctions of suspension or expulsion must also be supported by a unanimous vote. A majority vote is required for all other sanctions.” Duke’s requirement of a unanimous verdict from a three-member board is different from that of its peers. According See SEXUAL ASSAULT on Page 8
Iranian postdoc’s future in doubt after Trump’s executive order Gautam Hathi The Chronicle
Special to The Chronicle Seyedlar, an Iranian citizen, was preparing to begin a postdoctoral position at Duke when Trump issued his executive order.
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Mehdi Ordikhani Seyedlar was on track to begin a postdoctoral position at Duke in one of the most prestigious biomedical engineering labs in the country. Then he saw the news on Saturday morning. Seyedlar, who has completed a Ph.D. in biomedical engineering at the Technical University of Denmark, is an Iranian citizen. As a result, he is affected by the executive order implemented by the Trump administration Friday, which halts all immigration from seven predominantly Muslim countries, including Iran. The order has thrown Seyedlar’s future plans into doubt, as he will not be able to come to the United States in May to begin work at the Nicolelis Lab if the ban on immigration from Iran is not lifted. “The first time I heard the news, I remember that I was having my breakfast with my wife, and then we were just completely shocked,” he said. “Everything is gone in just
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one day. And this is very frustrating.” Seyedlar—who is currently in Denmark— was in the process of acquiring an American visa when the ban was announced. “I got this offer as a postdoctoral associate, and right after my [thesis] defense, we started my visa procedure, which, in normal conditions, is a very long procedure for us,” he said. “So basically I was waiting for my visa. Normally it should have been issued promptly. A month from now, I would expect it. But now, as you know, visas have to wait.” The Trump administration’s executive order currently suspends all immigration from Iran for 90 days, but the suspension could be extended if Iran does not supply additional information on visa applicants that the administration deems necessary for vetting applications. In 2014, Seyedlar was actually at Duke, working at the Nicolelis Lab as a visiting scholar. His research involves processing brain signals so that they can be used in brainmachine interfaces. This work could help develop solutions for paralyzed individuals to
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regain movement by using an exoskeleton. He said that during the visit he got to know people at the lab and decided that it was the place he wanted to work full-time. “I worked on their projects. I’m very familiar with their lab,” Seyedlar said. “I know exactly what they are doing, and they know exactly what my skills and background are.” As a result of the ban, he explained that he is now applying for positions in Canada and Europe. Although Seyedlar emphasized that his first choice is still Duke, he said that he is no longer confident the situation will resolve itself and that he will be able to come to the United States. And Seyedlar said others in his family have also been impacted by the ban. “My brother, he got a Ph.D. offer from the Missouri Institute of Science and Technology in November,” Seyedlar said. “We were super happy because he tried so hard. He was working to get his GRE and TOEFL [scores] at a level that he can get admitted. And finally
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See POSTDOC on Page 8 © 2017 The Chronicle