Portrait of a porn star revisited
Chidom stars in Duke’s rout
Movie features Duke student who used career in adult film industry to pay tuition | Page 3
The Blue Devils pounded Wake Forest 79-53 in their sixth straight win | Sports Page 6
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 17, 2017
WWW.DUKECHRONICLE.COM
ONE HUNDRED AND TWELFTH YEAR, ISSUE 57
Suspended men’s soccer player allowed to remain at Duke suspended in January. During the last week, several administrators—including Sue Wasiolek, associate vice president for student affairs and dean of students, and Stephen Bryan, director of the Office of Student Conduct— have testified in court.
Frances Beroset The Chronicle Judge Orlando Hudson issued a ruling on a preliminary injunction Wednesday allowing suspended men’s soccer player Ciaran McKenna to remain at Duke. Hudson issued the ruling after closing arguments by Duke’s lawyer Paul Sun and McKenna’s lawyers Emilia Beskind and Jay Ferguson. McKenna, a sophomore, had been suspended by the University after being found responsible for sexual assault. But after Hudson’s ruling, McKenna will be allowed to remain a student at Duke while the rest of the lawsuit proceeds in court. “We’re so happy for our client, we’re so happy that he can continue his education, that the can continue to get the things that Duke promised him while he is fighting this case in court, and we are very much looking forward to the jury hearing the facts of this case,” Beskind said. Michael Schoenfeld, vice president for public affairs and government relations, said the University had no comment on the case. A team spokesperson also declined to comment on the outcome but noted that the team will discuss whether McKenna can train with the men’s soccer team this spring in the coming days. The Blue Devils host the Pittsburgh Riverhounds of the United Soccer League Sunday to kick off their spring slate. Background to the case McKenna—a men’s soccer player—was suspended for six semesters in January after
Adam Beyer | The Chronicle
being found responsible for sexual assault by the Office of Student Conduct. He is suing Duke on the grounds of a breach of contract, common-law fairness violations and negligence. A three-person panel, convened in July 2016 by the Office of Student Conduct, found unanimously that McKenna was responsible for violating sexual misconduct policy because the alleged victim had not verbally consented. However, the first panel was not unanimously convinced that the alleged victim, who is also a student, said “no” to the sexual encounter—
although she claimed that she had. McKenna appealed the decision, and the appeals panel found that there was procedural error in the first panel, which did not use the appropriate “reasonable person” standard to decide the case. The issue was then returned to the Office of Student Conduct. A second panel, convened in November 2016, found that the alleged victim had not given consent, and that she had also explicitly denied it. At that point, McKenna appealed to a second appeals panel, which decided not to overturn the decision. McKenna was then
Closing arguments In his closing argument, Ferguson cited the case of Lewis McLeod, who sued the University in 2014 after being expelled for sexual assault, as evidence to support McKenna’s position. But Sun, the attorney for Duke, argued that the McKenna’s argument was a “distortion” of the community standard and that McKenna had been found responsible for sexual assault. “There is only one finding, and the finding is that he was responsible,” Sun said. Sun defended OSC’s decision to create a second panel with an analogy to procedures in normal courts of law. “Your Honor knows the remedy that applies when there is a prejudicial trial error, and it’s whether there’s a civil case in civil court, or a criminal case in criminal court, that the remedy is for a new trial,” Sun said. He also argued that no irreparable harm is done to McKenna if the suspension is carried out and he has to return home. McKenna has claimed he would have to return to the U.K. if suspended because his student visa would have expired. In her rebuttal, however, Beskind emphasized that the details of the alleged sexual assault are not the issue, but rather See SEXUAL ASSAULT on Page 5
Tatum’s career day carries Duke past Virginia Brian Pollack The Chronicle CHARLOTTESVILLE, Va.—Wednesday night’s contest was exactly the kind of game Virginia likes to play. Neither team topped 25 first-half points, and the Cavaliers slowed the pace down to a near-glacial rate, taking possessions deep into the shot clock and ensuring that each offense would get only a limited number of chances to score. But in the end, Duke made those possessions count and found a way to pull out its sixth straight win. Led by a career-high 28 points and six 3-pointers from freshman Jayson Tatum, No. 12 Duke kept the ball rolling with a 65-55 victory against No. 14 Virginia at John Paul Jones Arena. Tatum knocked down 6-of-7 from behind the arc and poured in 21 points after halftime— including two dagger 3-pointers in the
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last three minutes—to help the visitors pull away. “Jayson had one of those few minutes where it’s what separates ordinary players from outstanding players. There’s nothing about coaching there,” Blue Devil head coach Mike Krzyzewski said. “We want him to take the shots, but it was like four points and all of a sudden, it was 10…. His shots were bigger because it’s a one- or twopossession game and all of a sudden two [3-pointers] gave you about two or three more possessions.” After trailing by four at halftime, Duke (21-5, 9-4 in the ACC) held on to a narrow lead for much of the second half, but a Kyle Guy 3-pointer near the eight-minute mark brought Virginia back within one and energized the home crowd.
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See M. BASKETBALL on Page 11
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INSIDE — News 2 Sports 6 Classified 13 Crossword 13 Opinion 14
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Izzi Clark | The Chronicle Jayson Tatum closed the Cavaliers out with two dagger 3-pointers in the final three minutes to finish the best game of his career.
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