K-State Collegian (Nov. 29, 2016)

Š 2016 collegian media group

T H E I N D E P E N D E N T V O I C E F O R K A N S A S S TAT E U N I V E R S I T Y

K-State

Family?

Page 3: Former K-State student joins existing Title IX lawsuit against the university after rape charges were filed against her alleged assaulter.

vol. 122, issue 55

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kstatecollegian.com

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Street Talk: Should K-State look into off-campus assaults?

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Sports writers discuss Bill Snyder’s possible retirement

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K-State volleyball hosts NCAA Tournament Friday

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EDITORIAL BOARD Timothy Everson editor-in-chief

Scott Popp sports editor

Jessie Karst managing copy chief

Kaitlyn Cotton current editor

Audrey Hockersmith design editor

Kelsey Kendall opinion editor

Jason Tidd news editor

Danielle Cook online editor

George Walker Emily Starkey multimedia editors Melissa Huerter ad manager

CORRECTIONS

Steve Wolgast adviser

If you see something that should be corrected or clarified, call editor-in-chief Timothy Everson at 785-370-6356 or email news@kstatecollegian.com.

ON THE COVER The Collegian, a student newspaper at Kansas State University, is published by Collegian Media Group. It is published weekdays during the school year and on Wednesdays during the summer. Periodical postage is paid at Manhattan, KS. POSTMASTER: Send address changes to 828 Mid-Campus Drive South, Kedzie 103, Manhattan, KS 66506-7167. First copy free, additional copies 25 cents. [USPS 291 020] Š Collegian Media Group, 2016

File Photo by Nathan Jones | THE COLLEGIAN

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tuesday, november 29, 2016

Former student joins in Title IX lawsuits filed against university JASON TIDD AND KAITLYN ALANIS THE COLLEGIAN

“I haven’t seen a school refuse to investigate a fraternity rape like this,” the lawyer who is representing three students who are suing Kansas State said. “I think most schools see it as part of their responsibility and understand that it’s part of their responsibility and have a desire to protect their students when they learn of such reports.”

Cari Simon represents one former and two current K-State students and said she has worked on Title IX issues extensively, including working with and representing survivors nationally and conducting a training for the National Association of Attorneys General on Title IX and campus sexual assault. Simon is a lawyer from the Fierberg National Law Group, a Washington, D.C., law firm.

Sara Weckhorst and Tessa Farmer, seniors in social work and the two current students represented by Simon, filed federal Title IX lawsuits against K-State in April, accusing the university of deliberate indifference to their reports of rape, negligence and deceptive acts and practices in violation of the Kansas Consumer Protection Act. On Monday, Crystal Stroup, a former K-State student, joined Weckhorst’s lawsuit after Jared Gihring was charged in October with raping Stroup in 2015 and Weckhorst in 2014.

The Stroup and Weckhorst

lawsuit states that Stroup’s rape would never have happened had the university investigated Weckhorst’s rape back in 2014.

“Had K-State investigated Sara’s complaints of rape against (Gihring), he would have been … prevented from causing physical and emotional harm to Crystal,” the lawsuit states.

Simon said the goal of the lawsuits is to prevent similar sexual assaults of students in the future.

“I think all three women tru-

TWO LAWSUITS

Gihring, a former K-State student, was charged with the rape of “S.J.W” on April 26, 2014, and rape and sodomy of “C.M.S.” on Oct. 6, 2015, in documents from the Riley County District Court filed Oct. 24. Both rape and sodomy are felonies.

“S.J.W.” refers to Sara Weckhorst and “C.M.S.” refers to Crystal Stroup, Simon confirmed.

In Weckhorst and Stroup’s lawsuit against K-State, Gihring is refered to as “J.G.”

Had K-State investigated Sara’s complaints of rape against (Gihring), he would have been … prevented from causing physical and emotional harm to Crystal.

Cari Simon LAWYER

ly share the same goal and that is so what happened to them doesn’t happen to anyone else and to hold K-State accountable so that they support victims and investigate rapes,” Simon said.

FOUR TITLE IX INVESTIGATIONS AND

Gihring was expelled, according to the lawsuit, after K-State learned in July that criminal charges would be brought against him, “exercising the precise authority it claimed not to have.”

Simon said Stroup is no

longer a student at K-State as a direct result of her rape and the response — or lack thereof — of the university.

Weckhorst and Farmer’s original lawsuits were filed in April.

K-State filed in July to have the lawsuits dismissed. That motion is still pending before the court and Simon said there is no date set for when the result of that motion will be decided.

The lawsuits from the women state that the university violated Title IX when it failed to investigate their reports of off-campus rapes. Title IX is a federal statute that protects against sex-based discrimination at federally-funded education institutions.

The university has claimed it is not legally required to investigate off-campus rapes.

There are four ongoing Title IX investigations by the U.S. Department of Education regarding how K-State handles sexual assault reports.

Travis Gill, the former Title IX coordinator and director of the Office of Institutional Equity, left in October to be the director of equal opportunity at the UT Southwestern Medical Center in Dallas, Texas, after serving in his position at K-State for only 17 months.

At a Student Governing Association meeting on Sept. 9, Gill was asked if the university is in compliance with the “Dear Colleague” letters from the Office of

Civil Rights in the Department of Education.

“The intent of the policy absolutely complies and follows the ‘Dear Colleague’ letter, it’s just the guidance has been ever-shifting over the years,” Gill said.

Title IX states that “a school

2011, Department of Education “Dear Colleague” letter, “If a school knows or reasonably should know about student-on-student harassment that creates a hostile environment, Title IX requires the school to take immediate action to eliminate the harass-

must process all complaints of sexual violence, regardless of where the conduct occurred, to determine whether the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity.”

According to an April 4,

ment, prevent its recurrence and address its effects.”

Simon said the penalties for Title IX noncompliance can include losing federal funding, such as federal student aid and research grants. see page

4, “RAPE”

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RAPE | University stalls investigations continued from page

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Gill said at the Sept. 9 meeting that many university student honor codes specifically prohibit sexual assault, while K-State’s does not.

He also said the university does not have the legal authority to investigate allegations of sexual assault the same way law enforcement does.

“Unlike our Kansas State University Police Department or the Riley County Police Department, we are not able to do DNA swabs or gather evidence or sheets or really do that type of work,” Gill said. “It’s frustrating to us because it would make our evaluation of those cases so much easier, but because we’re not a police entity, the law does not really provide those permissions for us.”

“And we’re always cautious, because everything we do could

INTENTIONALLY STALLING INVESTIGATIONS

The lawsuit includes a letter

by Danielle Dempsey-Swopes, the former senior investigator for the Office of Institutional Equity, to the U.S. Department of Education Office for Civil Rights.

The letter includes a specific example from Dempsey-Swopes of university administrative staff instructing her to not investigate an off-campus sexual assault.

“Each time I have received off-campus assault complaints, the general counsel staff informed me that I should not investigate, that the university has no Title IX obligation regarding off-campus occurrences where the university has no control, and that I would extend the liability of the university too far,” Dempsey-Swopes wrote. “Most importantly they claim, such

Gill ... directed me to, “stall” and to deliberately delay, (for at least a week and as long as possible) taking any action in response to the report.

Danielle Dempsey-Swopes

FORMER SENIOR INVESTIGATOR, OFFICE OF INSTITUTIONAL EQUITY then hinder the actual criminal process,” Gill continued. “So when we ask people questions, when we pull evidence, when we try to do anything, it sometimes taints the evidence that a person could then later use in that actual criminal process. So we sometimes will take a step back and let that criminal process take a head start and then we follow suit.”

complaints do not fall within the jurisdiction of the university policy.”

Dempsey-Swopes’s letter then described the internal workings of the Office of Institutional Equity after Farmer’s report of rape by a K-State student at a K-State fraternity house.

“Gill ... directed me to “stall” and to deliberately de-

lay (for at least a week and as long as possible) taking any action in response to the report,” Dempsey-Swopes wrote in the letter. “On Wednesday, August 27, 2015, Mr. Gill came to my office upset because he believed I had begun work on the August 24 report. He reiterated that he wanted me to continue to ‘stall and delay any investigatory action in response.’”

OPPORTUNITIES TO RESPOND

Simon said Stroup, Weckhorst and Farmer will not be available to talk to the Collegian.

“At this time they won’t be speaking directly to the press particularly because the criminal case is going and not wanting to interfere with that in any way,” Simon said.

The Collegian called the Gihring family, offering Jared a chance to comment. The family member who answered hung up immediately after mention of the charges.

The Office of Institutional Equity, which is the branch of the university responsible for Title IX compliance, told the Collegian at 4:30 p.m. on Monday that the interim head of the office and “all our investigators” were in a meeting and unable to comment.

Scott Jones took over in October as acting Title IX coordinator and director of the OIE after Gill left.

Clara Kientz, advocate and educator for the Center for Advocacy, Response and Education office, said she could not comment but referred the Collegian to the K-State Division of Communications and Marketing.

The CARE office helps victims of sexual assault understand the university’s policies.

The lawsuit states that when Stroup went to the CARE office for help, “the CARE office failed or refused to mention to Crystal K-State’s sexual misconduct policy or Title IX and did not refer her to a Title IX coordinator.”

Jeff Morris, K-State vice president for communications and marketing and acting vice president for human capital services, sent the Collegian an

email statement: “K-State does not comment on pending litigation. We are aware of the filing and will respond to it through our court filings, which will be publicly available. K-State provides support and assistance services to all reported victims of sexual assault, regardless of where the assault is reported to have occurred.”

Jessica Van Ranken, student body president and senior in political science, and Trenton Kennedy, student body vice president and junior in entrepreneurship, released the following statement: “We will continue to follow developments in the current lawsuits against Kansas State University and we will await a decision from the court of law in regard to the university’s policies concerning the investigation of sexual violence off campus. We will keep working to ensure that students have access to resources.

Sexual violence is an unacceptable reality in our Manhattan community and we are committed to combatting this dangerous problem. It is vital to our

mission at Kansas State that all students feel safe and protected and we will continue to partner with university administration to achieve that environment.”

At the April 22 SGA meeting, which took place a day after the announcement of Weckhorst and Farmer’s initial lawsuits, Van Ranken said the university should change the policy of not investigating allegations of sexual assault that occur off-campus and that it “was clearly insufficient and is insufficient.”

She also said “it’s taken too long to make that policy change happen” and that “fall is being strongly considered” for an implementation time for a new policy.

On April 25, K-State’s Interfraternity Council passed a resolution in support of a change in the university’s sexual assault policy. A student petition to have the policy changed was also started.

At the April 29 SGA meeting, a resolution calling for a change in the policy passed unanimously.

The Collegian asked Van

Ranken on Monday about what happened to the policy change and she emailed the following statement: “As far as we understand, the university had considered a policy change but decided that a policy clarification was the best decision for Kansas State.

(The policy in its more clarified versions can be found at http:// www.k-state.edu/oie/resolution/faqs.html.) If pending court decisions were to change the situation, then we would work with administration to advocate for student interests during a policy change process.”

Simon said K-State’s policy is unlike any other university policy she has encountered.

“This is unique for a school to take this position that K-State has that it doesn’t have a responsibility to investigate off-campus rapes of its students like this or fraternity house rapes of its students like this.”

The Collegian will have continuing coverage of this story and related stories throughout this week.

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Street Talk compiled by Abby Cambiano

SHOULD THE UNIVERSITY BE LEGALLY REQUIRED TO INVESTIGATE OFFCAMPUS SEXUAL ASSAULTS OF STUDENTS?

MAX ROPER

TAIZA COLE

HANNAH MUXLOW

NATALIE POWELL

“No ... there are proper authorities who are better suited to investigate sexual assualt in the community.”

“Yes, because they’re still a student here, and their parents sent them here expecting them to be protected by the school. It’s a college town, so everywhere we go has to do with K-State pretty much.”

“I think if it’s in a fraternity, then yes. Especially if it has to do with our own students...”

“I think if it’s something that’s affiliated with the university in any way, shape or form, then yes. ... We can’t account for the entire city of Manhattan, though.”

sophomore, architectural engineering

junior, economics

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Football roundtable discusses Bill Snyder’s possible retirement SCOTT POPP

THE COLLEGIAN

As you probably all know, Bill Snyder won his 200th game as head coach at Kansas State on Saturday against Kansas. There has been speculation of Snyder’s retirement after the last few seasons and this year is no different. The Collegian’s sports editor Scott Popp, editor-in-chief Tim Everson and writers Avery Osen and Brett Engle share their thoughts on if indeed it will be Snyder’s final season and who they think should eventually replace him.

WILL THIS BE SNYDER’S FINAL SEASON?

Scott: With Snyder reaching his 200th win in his 25th season at the helm of the Wildcats, there has been talk of it being the perfect time for Snyder to hang up his clipboard. But I don’t see it happening. Snyder will have a lot of returning young talent next season, including a returning quarterback, which is something Snyder has excelled with.

Tim: I’ve done a lot of thinking about this. The real answer is I have no clue. I can read into a multitude of different things and tell you that Snyder is or isn’t going to enter his second stint of retirement. But if you nailed me down and made me pick one, I’d have to say that I expect to see Snyder on the sideline next season. I think he sees the potential of the young crop of players that he

has and if he has it in him, he’d like to make one or two more runs at it.

Avery: He was hoisted off the field by players, there was a ceremony for him in the middle of the field and a video montage of his 200 wins at K-State, but I don’t think this is it for Snyder.

The team this season has been very good and I only see them getting better next year. That said, Saturday kind of felt like a going away party with lots of celebrities there to potentially see Snyder’s last game in the stadium named after the Hall of Fame coach. But I don’t see him leaving, not right now.

Brett: If I were a betting man, I’d say this is Snyder’s last season. I think the situation is right. He just achieved his 200th win and has put together a deep roster over the the past few years. If the Wildcats beat TCU and win their bowl game, I think Snyder will decide to retire.

IF HE DOES CHOOSE TO RETIRE, WHO WOULD YOU CHOOSE TO REPLACE HIM?

Scott: As much as I love the thought of keeping the program in the hands of a Snyder (Bill has said he wants his son Sean to replace him when he’s done), Sean is just not the best option.

I think current Clemson defensive coordinator Brent Venables would be the best fit. Venables has significantly improved Clemson’s defense in his time there and was a linebackers coach at K-State

under Snyder in the late 90s, so he knows this program.

Another coach to watch could be Colorado defensive coordinator Jim Leavitt, a former K-State co-defensive coordinator with head coaching experience.

Tim: I think you have to look realistically at the situation. K-State doesn’t have the coffers or the war chest to go after a big name.

I think you want someone who brings some youth to bolster recruiting while understanding and respecting the tradition and way of doing things that has brought Snyder success over the past 25 years. If the Wildcats can get Venables, great. He’d fit that bill perfectly.

Avery: I think the Wildcats will hire Snyder’s son, Sean, to take over the team. He has been with the program for some time now and knows what he is doing.

It would only be fitting that the program gets passed from one Snyder to another. I like the thought of LSU head coach Les Miles, too, but I think his price tag might be a bit high. He would be a great next leader for this program with lots of wins under his belt.

Brett: I would choose head coach P.J. Fleck of Western Michigan to take over the program. He’s a young coach with a ton of energy, which I think the players would appreciate after years of Snyder’s calmness. In a few short years, he’s built a great program at Western Michigan and I believe that success would continue at K-State.

Evert Nelson | THE COLLEGIAN

Head coach Bill Snyder laughs after being handed a commemorative football by President Gen. Richard Myers to celebrate his 200th win after the Wildcats’ victory over KU on Saturday.

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Big 12 power rankings: Week 14 RILEY GATES

THE COLLEGIAN

1. OKLAHOMA (92) (LAST WEEK: 1) (NEXT: OKLAHOMA STATE) Regardless of what

happens in this weekend’s game against Oklahoma State, Oklahoma will come away with a Big 12 Championship trophy. The Sooners are 8-0 in the conference while the Cowboys are 7-1, so a loss

by Oklahoma only ties the conference. But the Sooners

need to win this one to have it outright and get the best bowl.

2. OKLAHOMA STATE (9-2) (LAST WEEK: 2) (NEXT: AT OKLAHOMA)

Time to control the Cowboys’ own fate. If they

win, Oklahoma State takes a share of the conference title and likely goes to the best Big 12 bowl game. If the Cowboys lose, they will end up just short of a trophy. Again.

3. WEST VIRGINIA (9-2) (LAST WEEK: 3) (NEXT: BAYLOR)

West Virginia had a tough battle initially with a pesky Iowa State team, as it led just

21-16 at the halftime break.

Fortunately for the Mountaineers, a 28-3 second half helped propel them to a 49-19 win. One last game against a struggling Baylor team lies ahead for West Virginia.

4. KANSAS STATE (7-4) (LAST WEEK: 4) (NEXT: AT TCU)

An ugly 34-19 win over Kansas was completely

overshadowed by the fact that Kansas State head coach Bill Snyder got his 200th win and his 21st win against the Jayhawks. The Wildcats have one game left against TCU to try for eight wins and a solid bowl game.

To read more, visit kstatecollegian.com

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tuesday, november 29, 2016

K-State volleyball set to host NCAA Regionals AVERY OSEN

THE COLLEGIAN

For the first time since 2007, the Kansas State volleyball team will host the first and second rounds of the NCAA Tournament in Bramlage Coliseum.

The 14th-seeded Wildcats will face off against the Lipscomb Bisons on Friday at 7:30 p.m.

Although K-State had a tough schedule this season, it wasn’t a guarantee that the Wildcats would be hosting the first two rounds.

“I think we felt like our strength of schedule would hold up, that it would give us an opportunity, at minimum, if it was seen in the right light, but when you get down to this point, you’re just trying to control the variables that you can control,” head coach Suzie Fritz said to K-State Sports. “I’m excited so much for this group of women.

They’ve worked so hard to get to the postseason, but to be able to play the first two rounds at home, it’s a big deal.”

Senior middle blocker Katie Reininger said it took a few seconds before it hit her that she would get to play at least one more time at home this season.

“I think we suspected we had a chance, but it took us a while to figure out, like, ‘That’s a Powercat on the board,’” Reininger said. “’We’re hosting.’ The room erupted and it was awesome. It’s good to be at home. We get to sleep in our own beds, we get to be in Bramlage, we have our fans with us … nothing but exciting things await us.”

The Bisons went 22-7 in the

File Photo by Nathan Jones | THE COLLEGIAN

Senior setter Katie Brand digs the ball during the K-State volleyball match against Baylor in Ahearn Field House on Oct. 29. regular season and won the Atlantic Sun Conference Championship to get an automatic berth into the tournament.

Lipscomb might have a strong showing from their fans to the game this weekend because of their strong connection with the state of Kansas.

Lipscomb sophomore outside hitter Carlyle Nusbaum and junior libero Brittany Thomas are both from Overland Park, while junior outside hitter Chloe Rogers is from Stillwell.

With a tough schedule out of the way and a new season starting, Reininger said this team has a good chance of doing something special.

“I think being mentally tough will be key,” Reininger said of keys to postseason play on K-State Sports’ website.

“Knowing that while these are teams we haven’t played before, we’re prepared for everybody we’re facing.”

The other match of the first round will be between Ohio

State and Missouri State with the two winners facing off on Saturday at 7:30 p.m.

FOUR WILDCATS NAMED TO ALLCONFERENCE TEAMS

In other volleyball news, the Big 12 released the All-Conference teams on Monday morning and four Wildcats were honored.

Senior setter Katie Brand garnered her third straight First Team All-Big 12 honor. She is just the third player in K-State volleyball history to achieve that feat.

Senior middle blocker Katie Reininger and junior opposite hitter Bryna Vogel were named to the Second Team.

This marks the second straight year Reininger was named to the Second Team and the first All-Conference honor for Vogel.

Freshman middle blocker Elle Sandbothe was named to the All-Freshman team. Sandbothe came on strong at the end of the year for the Wildcats.

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