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MONDAY 12.5.16
UK v. Kernel decision to come this month By Marjorie Kirk
news@kykernel.com
UK’s lawsuit against the Kentucky Kernel will have a decision as early as the end of the month, said Fayette County Circuit Court Judge Thomas Clark, who is presiding over the case. During the hearing Friday, Clark said he knew the decision was likely to get appealed, but he still wanted to write an opinion on the case, which may end up being his last since he is retiring and this case made it into his courtroom right under the wire. Lawyers for the university, the Kernel, and two of the survivors mentioned in the Title IX
report of former associate professor James Harwood’s sexual misconduct investigation prepared arguments for court. The university’s attorney, Joshua Salsburey, argued that the Kernel’s request for documents pertaining to the sexual misconduct investigation of Harwood could not be honored because the university would have to violate the Family Educational Rights and Privacy Act. Salsburey argued that the records in question contain information provided by and about students, and are classified by the university as “education records,” which FERPA prohibits from being released without written consent.
Salsburey said redaction is not sufficient to protect information in the documents that would, “make it possible for the Googlers or the Facebook
be redacted to omit the student’s private and identifying information. Miller said they are employment records that detail the
“(Release) can make it possible for the Googlers or the Facebook nerds... to track them down and expose them.” Joshua Salsburey
Attorney for UK
nerds, whatever you want to call it, to track them down and expose them.” The Kernel’s attorney Thomas Miller, who is also representing The Lexington Herald-Leader in its suit with UK, said the records in question can
crucial disciplinary information about how the university’s Title IX department conducted itself in the investigation and how UK disciplines employees found responsible for sexual misconduct. “The only question is, can
the university hide behind its inadequate investigation, behind its failure to disclose to the public that they have a predator that was going to move on to another educational institution?” Miller said. Miller submitted a letter from Frank LoMonte, Director of the Student Press Law Center, to the court, which said after filing an open records request to the Department of Education, he found no evidence that a university has ever violated FERPA, the penalty of which is forfeit of federal funding. Miller said that if the judge thought it fit the Kernel would agree to the redaction of the specific details of the assaults, which has been a point of issue
in the university’s briefs and the affidavits of the two Jane Does. President Eli Capilouto has said in emails to campus that it will continue to oppose the release of these documents to protect the privacy of current survivors and to prevent future survivors from not reporting. Daniel A. Cohen, the representation for the two Jane Does who filed Amicus Briefs with the court, was barred from becoming a part of the proceedings Friday at the last hearing, but came from Atlanta to try to present more to the court. Judge Clark denied his request, and let the hearing end with just the arguments from Miller and Salsburey.
Trump tour draws Kentucky students, governor By Bailey Vandiver news@kykernel.com
Chants of U-S-A echoed around the US Bank Arena long after it emptied following the first leg of President-Elect Donald Trump and Vice President-Elect Mike Pence’s “thank you” tour on Dec. 1. Cincinnati, Ohio was the first stop of Trump and Pence’s post-election tour to thank their supporters in the swing states that secured their victory. Trump previously visited a packed US Bank Arena during his campaign tour. At his first post-election rally, the arena was sparser, but the attendees did not lack enthusiasm. Sharon Caliguri, 59, attended the last rally and said, “It was great, I loved it.” She was happy and surprised to be able to attend another one, and appreciated that Trump was a “non-career politician” and that he was returning to give his thanks. Kentucky resident Lee Mullins, 32, arrived at the last rally six and a half hours early, and this one three hours early. “The wait was well worth it because I knew that he was going to win,” Mullins said. The audience was diverse in age, from children waving “Trump-Pence” signs in the air to older gentlemen with “Make America Great Again” hats. One young man came as Trump himself, complete with a suit and a
PHOTO PROVIDED BY BAILEY VANDIVER | STAFF Supporters gather at Trump’s “thank you” tour for winning the election on Thursday in Cincinnati.
wig. Ohio Secretary of State Jon Husted was one of many featured speakers at the event. He praised Ohio for being “the state where we make it easy to vote and hard to cheat” and recollected Trump’s vast victory in Ohio, in which he won 80 out of 88 counties. Husted said he believes that Trump will not only make America great again, but will “make it greater than it’s ever been.” Kentucky Governor Matt Bev-
in spoke and drew cheers from the many Kentuckians in the audience. Governor Bevin praised both Kentucky and Ohio. “I’m proud that we represent the same core values that are on this side of the river, too,” Bevin said. Bevin warmly introduced Vice President-Elect Pence, referring to him as a close political and personal friend. Pence personally thanked voters in Ohio, Kentucky, and his
home state of Indiana. He spoke of his and Trump’s visit to Indianapolis earlier that day to celebrate the carrier jobs that will stay in America. He introduced President-Elect Trump, who took the stage as “Proud to Be an American” played over the speakers. Trump began his remarks by apologizing for the traffic around the arena. As he looked back at his campaign, Trump said, “It really has been fun.”
Sally Martin, a marketing and media arts major, made the trip from Lexington to Cincinnati to the event because of her interest in politics. “I could definitely tell he was more relaxed than he has been in the past,” Martin said. “As a Republican, I wanted to attend the event to see him for myself, even though I am not fully a Trump supporter yet.” Trump said that his first reason for returning to Cincinnati was “to say thank you to Ohio.” His second reason was to outline his plan to make America great again, which included reiteration of his plans to repeal the Affordable Care Act, build a wall to stop illegal immigration and defeat ISIS. While talking about terrorism, Trump offered his condolences to the victims of the attack at The Ohio State University earlier this week. He vowed to keep the country safe from security threats such as these by not allowing sanctuary cities. Other speakers also offered their thoughts and prayers for the OSU community. Trump encouraged all Americans to dream big. “Now is not the time to downsize our dreams,” he said. He looked forward to a time in which “every child is included in the American dream.” Trump’s overarching message was one of a great, unified America. “We’re not going to be divided for long,” he said.
UK’s defense takes big hit in loss to UCLA
By Anthony Crawford sports@kykernel.com
For the second year in a row a No. 1 ranked UK basketball team was handed its first loss of the season by UCLA, this time in a 97-92 loss in Rupp Arena to the No. 11 Bruins. The game was full of offense, but as UK head coach John Calipari stated after the game, it was lost by a lack of fight and defensive effort from the young Cats. Entering the game, more credit was given to the UK defense prior to the game, but once the ball was tipped, narrative quickly switched from “How is UCLA going to score on UK?” to “How can UK slow down UCLA?” In the end UK’s defense wasn’t able to slow the Bruins and its efforts of just keeping up with them fell flat in the loss. “There are great lessons out of this. I wish we would have come back and won. I would like to learn from that lesson a little bit more,” Calipari said. “But sometimes you need to get hit in the chin, especially at home.” The hit that ultimately left the Cats down for the count came in the second half. The Bruins used a 10-4 run to close the first half with a 44-41 lead and they followed it up with
a hard-fought half to build on and close the game out. The Cats played rushed and out of control for most of the second half on offense, but on the defensive end was where their play really doomed them, as they had no answers for stopping the Bruins. “But it all comes back to the same thing: we didn’t have discipline defensively, we just didn’t,” Calipari said. “We fouled on drives instead of giving them space.” Drives from UCLA sliced through the UK defense all afternoon and while the young guards for UK often complained about foul calls or the lack thereof, the Bruins guards made shots from outside and at the line to build the lead. The team obviously wants to learn from the loss, and the biggest thing that should be written on the chalkboard for the lesson is that just having good size and length doesn’t automatically make you a good defender. The speed of UCLA’s ball-handlers gave UK trouble and the guards trying to play defense with their hands rather than moving their feet resulted in the success from the Bruin backcourt. Other than the guards, UK’s frontcourt also struggled as they allowed UCLA junior big man Thomas Welsh
PHOTO BY ADDISON COFFEY I STAFF Kentucky running back Benny Snell Jr. smiles during the team’s arrival back in Lexington after they defeated the Louisville Cardinals on Nov. 26.
PHOTO BY TAYLOR PENCE I STAFF Kentucky guard Malik Monk defends Bryce Afford during the Cats’ game against the UCLA Bruins in Lexington on Saturday.
to have another big game with 14 points and eight rebounds. And they also let freshman TJ Leaf go off for 17 points and 13 rebounds (four offensive). “I have to give them credit. To come in this building, to come in and do what they did to us,” Calipari said. “They manhandled us, they physically manhandled us.” Wenyen Gabriel was able to have some success on the offensive glass for UK but he only finished with two points. UK tried to play through Bam Adebayo during their comeback effort but he had trouble finishing inside going 4-for-12 for 18 points and 13 rebounds. A late burst from Malik Monk gave UK some hope,
but the game had already been lost at that point. The first loss stings for the Cats but it is still December and there is a lot of basketball to be played. This, rather than the Michigan State game, was UK’s first real test and stopping an offense like UCLA’s was just too much to ask of UK at this point in the season. “That’s why you play a season. The great thing about college basketball is you’d like to learn from close wins, but sometimes it doesn’t work that way,” Calipari said. “You got to learn from a loss. That’s what we’ll try to do.”
UK headed to TaxSlayer Bowl By Sports Staff
sports@kykernel.com
For six years now, the Big Blue Nation has anxiously awaited the day that its beloved UK football team would be selected for a bowl game. And on Sunday, it was announced that the Cats will be headed to Jacksonville to face Georgia Tech in the TaxSlayer Bowl on New Year’s Eve. Two weeks ago, many believed that UK would be headed to a bowl of lower prestige, but an upset victory over No. 11 Louisville drastically boosted the Cats’ stock in the eyes of bowl committees. The TaxSlayer Bowl, is relatively new in terms of name, but it was formerly known as the Gator Bowl with TaxSlayer taking
full naming rights over the game in 2014. The SEC and Big Ten are the bowl’s two main conference tie-ins and last year’s matchup featured Georgia and Penn State. This year, UK will represent the SEC while the 8-4 Yellow Jackets will be representing the ACC. This game is sure to be one that carries a lot of meaning for the Cats, not only because a bowl win is big for any program. But for UK football, reaching and winning a bowl game would send a message that a culture change is in order for the Cats. In terms of the matchup, it is the first time since 1960 that UK will face Georgia Tech. Kickoff is set for 11 a.m. between the Cats and the Yellow Jackets in UK’s first bowl appearance since 2010.
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Business man to comedian: Page 2 for the full story on Cliff Cash
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I Kentucky Kernel I 12.5.16
FEATURES
Comedy comes easy for Cash By Olivia Jones features@kykernel.com
Cliff Cash, a southern born, mid-thirties, optimistic man, went from business owner to comedy newbie phenomena in a little over a month. At 21, Cliff quit school and started selling cars for a Mercedes dealership in his hometown of Wilmington, North Carolina. “I’d never really made grown up money before. I had no idea what to do with it,” Cliff said. He explained that eventually he saved up and got a really good deal on a house for half of what it was worth. This led to his possession of five rental houses by the age of 26 and he made a living out of flipping and reselling properties. A few years later, the recession came into play and Cash decided he needed a new plan. “This time, I’m gonna try to do something that on my deathbed I can look back on, whether anyone else cares or
ways trying to make his siblings and himself laugh with pulling-the-finger jokes and what not. “If I could make people laugh the way that he made me…just looking at people’s faces and knowing that I’m making them feel good is great,” Cash said. Cash visited a comedy club in Wilmington where he watched each comedian and noted that a lot were great, and a lot really weren’t. So, he went about the next week writing and perfecting his own act. He would practice until he decided, “This is already funny.” One month later, he was opening for national headliners and has won many awards in the comedy world, including Comedy Central’s “Up Next” Regional Winner, Port City’s Top Comic and many
festival winning-awards. “Honestly, this is my least favorite part of comedy,” Cash said. He explained that competitions in this industry are difficult because comedy is so subjective and personal. “It’s hard to be like, ‘this is the best comedy.’ I’d like to not have to rate or score it.” Regarding comedy as a career, Cash warned that you’re constantly at risk of wearing yourself out. Most comedians do some manifestations of the same material for a year or so. Some comedians go even longer on the same material. “You get tired of yourself. Your voice. It’s hard finding excitement in something you’ve said thousands of times before. But, the monotony is offset by uncertainty,” Cash said.
not,” said Cash. Eventually, Cash sold his business bit by bit and focused on comedy full time. Cash had always been a fan of all things funny. He often times would check out stand-ups from Blockbuster and never return them. The real motivation for his PHOTO BY CLIFFCASHCOMEDY.COM comedy career was his father. He said that his dad was al- Cliff Cash started as a business man and is now a successful comedian.
UK professor releases second album ‘Ascent’ By Haley Woods
features@kykernel.com
Jason Dovel, an assistant professor of trumpet, released his second solo CD “Ascent: New Music for Trumpet” which includes eight new pieces for trumpet, three of which are his own. Dovel said his first CD “Lost Trumpet Treasure” took five years to finish because he wanted to find just the right music and theme. Dovel had music in his life from the beginning. Guitar was his first instrument which he picked up at an early age and still has his first one now. In the fifth grade he picked up percussion, and joked around about the fact he was so short where carrying the snare was a struggle. He said he got bored with percussion and a friend suggested that he pick up trumpet and he fell in love with it. Dovel got a degree in music education and a minor in jazz studies from James Madison University, his Masters from Bowling Green State University and his Doctorate from the University of North Texas. Dovel didn’t have plans to teach at UK, but his close friend Vinci Martino encouraged him to
apply and he got the job. This is currently Dovel’s fourth year at UK. D o v el said that learning an instrument has helped him develop good habits. “I have learned how I learn,” Dovel said. He also said that learning the trumpet has taught him a lot about himself not only with school but, with commuPHOTO PROVIDED BY JASON DOVEL nicating with You can get the “Ascent: New Music for Trumpet” people. on CD Baby, iTunes and Spotify. “I’m hapanything other than teachpy, I’m a musician,” Dovel ing music,” Dovel said. “Do said. what you love and if you Dovel said he just wants do that you’ll find a way to to help his students succeed make money.” and continue to pursue their You can get the “Ascent: own careers. “My ambition New Music for Trumpet” right now is to help students on CD Baby, iTunes, Sporeach their goals.” tify and you can also buy a Dovel said the only way physical copy from Professor he’ll leave UK is if it clos- Dovel himself. es. “I can’t imagine doing
OPINIONS
Green Party leads election recount: justified or futile? BLAKE BLEVINS Assistant Opinions Editor
America watched the recent election in awe, and few expected the cards to fall just how they did with Trump winning many historically blue states. While some simply
accredited this abnormality to the unique circumstances surrounding the candidates, others grew suspicious. The uneasy feelings of many citizens reached fruition when Green Party candidate Dr. Jill Stein announced she was seeking a recount for three deciding states: Michigan, Wisconsin and Pennsylvania. Thursday, a recount began
in Wisconsin, while a recount in Michigan is scheduled to begin soon. Proponents of the recount cited claims of discrepancies between results gathered from paper ballots and those recorded electronically, and after allegations of Russian hackers attempting to influence the election, many feel that similar attacks on voting machines are feasible.
Opposition to the recount has been made on the grounds that Hillary Clinton is using a recount as means to inadvertently challenge election results after conceding to a Trump victory. Interestingly enough, Trump has expressed his own qualms with election results. One recent tweet reads, “In addition to winning the Electoral College in a landslide, I
Regardless of whether statewide recounts are justified, if voters are so convinced of their necessity, what harm could possibly result and who knows what we could find? Recounts could show evidence of Russian interference, millions of cases of voter fraud, or even reaffirming of the honesty of the systems we have in place. Email opinions@ kykernel.com.
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won the popular vote if you deduct the millions of people who voted illegally.” Millions of illegal votes would be an earth-shattering development, as the United States has never faced voter fraud on such a mass scale. One would think that the soonto-be president would be hardpressed to investigate such a breach in the integrity of our country’s democratic process.
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12.5.16
SPORTS
UCLA hands No.1 UK first loss By Chris Angolia
sports@kykernel.com
A sloppy second half on Saturday afternoon at Rupp Arena proved costly for No. 1 UK, as No. 11 UCLA was able to pick up a 97-92 victory, snapping UK’s 42-game home win streak. “I mean, just wasn’t the same team,” head coach John Calipari said in his post-game press conference. “There are great lessons out of this. I wish we would have come back and won. I would have liked to learn from that lesson a little bit more. But sometimes you need to get hit on the chin, especially at home.” Not only were the Bruins able to shoot well throughout the game, but it seemed that every time UK was creeping closer, UCLA answered with a big shot. Freshman point guard, and
projected lottery pick Lonzo Ball lived up to the hype despite struggling in the first half. Ball would finish the game with just 14 points, but it was his timely shot making that proved to be the difference. Perhaps the biggest two plays of the game were made by Ball after UK’s Malik Monk went for five straight points to cut the Bruins lead to seven. But a turnover leading to a Ball dunk followed by a three on the Bruins’ next possession had Rupp quiet and UCLA back up nine. “That is just us finding a way to win, it’s not all me, it’s my teammates too. It was just a good collective unit out there and we got the job done,” Ball said. Both Isaac Hamilton and TJ Leaf went for 15+ points for UCLA. Hamilton lead the Bruins with 19 points, and Leaf was second on the team with
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PHOTO BY TAYLOR PENCE I STAFF The UCLA bench watches as Isaac Hamilton lets a three fly during the Wildcats’ game against the UCLA Bruins in Lexington on Saturday.
17 points while grabbing 13 rebounds. And while it was a collective effort from the Bruins, who had six guys in double figures, the Cats did not make things any easier on themselves. UK struggled to string together that big run and was 3:12:11 PM
hampered by UCLA’s timely scoring mixed with the Cats’ untimely turnovers. Due to UK’s inexperience, an early season loss to a top team will only allow UK to improve where needed now rather than later in the season.
I Kentucky Kernel I 3
OPINIONS
Respect all mourners
The death of Fidel Castro, one of the most controversial political figures of the modern world, shocked the world on Friday, Nov. 25, and his passing sent off a slew of mixed emotions around the globe. Castro’s rise to power after successfully overthrowing the Cuban government in 1952 was the original source of his fame. He became notorious for his communist policies and excessive political force. He has been described as the man who brought the Cold War to the western hemisphere, and his role in the Cuban Missile Crisis is prevalent in his legacy. Still, people around the world have expressed mixed sentiments about the leader taking his last breath after a 51 year reign. For some, his death has been a catalyst for celebration. Others are thankful for the education and healthcare reforms brought on by Castro, despite
his arguably oppressive force. Many of the American political elite have met news of his death with feelings of relief, while figures like President Obama have come under fire for expressing condolences. Many denouncing Castro have equated laments surrounding his death as support of his questionable actions, while others feel that what good Castro did carry out should be remembered. All are free to have an opinion on this issue. However, it is the responsibility of all to research the history of Castro’s rule and use of power before offering an opinion or passing judgement on the reaction of others. Simply put: research, then react. Kristian Dudgeon is a digital and mass communications senior. Email opinions@ kykernel.com.
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I Kentucky Kernel I 12.5.16
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