11/02/15 Emerald Media - Monday Edition

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đ&#x;”Ś news UO responds to $7.5 million lawsuit filed by former basketball player Brandon Austin ➥ Kyle

Wizner

Former University of Oregon men’s basketball player Brandon Austin is suing the university for $7.5 million in damages.

The lawsuit, filed by attorneys Alan C. Milstein of New Jersey and Marianne Dugan of Eugene, claims personal and professional harm, emotional distress and loss of future income through a lesser chance of playing in the National Basketball Association.

The suit also claims that multiple members of the University of Oregon staff, including former president Michael R. Gottfredson, violated Austin’s rights by suspending him unfairly and not providing due process. “It is unfortunate that Mr. Austin has decided to pursue this type of lawsuit, and we intend to vigorously defend the university. We’re confident Mr. Austin was afforded fair and consistent due process that fully complied with the university’s legal obligations. We cannot provide further comment because this is pending litigation,� Senior Director of Public Affairs Communications Tobin Klinger said in a statement.

Austin was suspended in the spring of 2014 after a sexual assault claim. The alleged sexual assault took place after the Ducks’ victory over Arizona in the final game of the regular season. Teammates Dominic Artis and Damyean Dotson were also accused of the sexual assault, but charges were never filed against any of them. Lane County District Attorney cited “conflicting statements and actions by the victim,� as a reason not to press charges.

The sexual assault took place late at night at a house party on March 9, according to the police report. Reportedly, the three men complimented the woman before leading her down the hall and into a bathroom. The report states that the basketball players tried to pull off her shorts, and that Austin was the most aggressive of the three, even

The Emerald is published by Emerald Media Group, Inc., the independent nonprofit media company at the University of Oregon.

Formerly the Oregon Daily Emerald, the news organization was founded in 1900.

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going as far as to take her cellphone from her when she tried to use it.

All three players were dismissed from the university and banned from campus for up to 10 years in June of 2014.

Austin’s lawsuit claims that the university essentially knew the female student was lying about the sexual assault.

The lawsuit states, “Astonishingly, Oregon’s counsel contacted Mr. Austin’s counsel, in essence admitted that Oregon believed the female student was not telling the truth about the sexual assault, and asked for Mr. Austin’s help in defending the suit.�

Though the sexual assault reportedly took place on March 9 the victim didn’t approach police until March 14. She told her father about the assault the day of the event and he contacted UO Police Department. The Eugene Police Department stated that UOPD contacted the victim multiple times during that period, but she never returned calls.

The investigation lasted for over a month before the Lane Country District Attorney notified EPD that they would not file criminal charges on April 14. The university conducted a legal review of the case shortly afterward, which led to the three players’ eventual suspension on May 1.

The lawsuit also states that Vice President for Student Life Robin Holmes was tasked with hearing an appeal from Austin but, “refused to respond to Mr. Austin’s request for an appeal and did not return multiple phone calls from Mr. Austin’s counsel, in violation of Mr. Austin’s right to procedural and substantive due process.�

Austin also faced sexual assault claims at his prior school, Providence, before eventually being cleared in July of 2014. He transferred to Oregon soon after.

After being dismissed from Oregon, Austin finished his college career at Northwest Florida State.

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⚡ SPORTS Jacoby: flawed replay system saves Oregon’s season, ruins Arizona State’s ➡ Kenny

J a c o b y, @ K e n n y J a c o b y

Following game four of the Royals-Blue Jays National League Championship Game last Tuesday, NBC SportsWorld columnist Joe Posnanski said the unthinkable: Instant replay was hurting the game of baseball.

Posnanski called out Major League Baseball’s replay review process after Kansas City’s Alex Rios stole second base, but the umpire’s safe call was reviewed and overturned. Two thousand frames per second revealed Rios lost contact with the bag for a tenth of second while he was sliding and Ryan Goins was applying the tag.

Kansas City went on to drown Toronto 14-2, so the play’s impact wasn’t huge. Slow motion replay review, however, may have decided the fate of the Oregon Ducks’ Thursday night game against Arizona State. It ended up killing the Sun Devils’ season.

At first, it appeared instant replay claimed Oregon as its latest victim.

Ahead 34-31 in the fourth quarter, safety Reggie Daniels picked off quarterback Mike Bercovici in the end zone to negate Arizona State’s scoring threat. Upon further review, however, the ball apparently jostled in Daniels’ arms as he hit the ground, and the officials confirmed the evidence was clear and convincing enough to overturn the ruling on the field of an interception.

Sun Devils fans rejoiced, but Ducks fans felt cheated. Was the video evidence truly “indisputable,” as the rules necessitate? Oregon Associate Director of Athletic Communications Todd Miles didn’t think so.

There is no way you can tell the ball hit the ground.

— Todd Miles (@MilesUO) October 30, 2015

Instead of turning the ball over, Arizona State completed the drive with a game-tying field goal. It took a 41-34 lead with a touchdown on its next drive. The football gods heard the Ducks’ cry of injustice and delivered a prompt karmic response. The Sun Devils were driving with five minutes to play and a seven-point lead. They had a 1st-and-10 at the Oregon 48-yard line when the ball was snapped with an Oregon linebacker drawn offside. Bercovici tossed up a prayer to the 19-yard line, where cornerback Tyree Robinson plucked it from the air for an interception.

Everyone in the stadium — except the referees — saw the penalty, but no flag was thrown.

Although fans saw the Oregon linebacker’s foot crossing the line of scrimmage from their high-definition televisions at home, the officials cannot review penalties or “non-calls,” so the turnover stood.

Oregon, on its ensuing drive, tied the game with a touchdown and 0:12 remaining on the game clock.

Moment the ball was snapped on the interception. — Kyle Bonagura (@BonaguraESPN) October 30, 2015

Two full overtime periods later, wide receiver Bralon Addison caught a 20-yard touchdown pass to give Oregon a 61-55 lead, but the toes on his left foot appeared to be out of bounds when he came down with the reception. After a lengthy replay review, the officials ruled the call on the field stood; thus, the evidence was “disputable,” albeit pretty hard to dispute.

Bercovici threw a pick on the Sun Devils’ rebuttal drive, sealing the win for Oregon. Pac-12 title hopes remain in the realm of possibility for the Ducks (5-3, 3-2 Pac-12). Arizona State (4-4, 2-3 Pac-12) will be playing the rest of its season for fun. The fact that Addison’s touchdown stood and Daniels’ interception was overturned is mind-boggling. Before instant replay graced the sports world, calls made in the heat of the moment were essentially final. Replay review was supposed to alleviate controversy over officiating mistakes. In some instances it has; in others, it has blurred the lines further.

THIS OVERTIME THOUGH. — Jojo Huckeba (@Jojo_Huck) October 30, 2015

Just ask NFL wide receivers Calvin Johnson and Dez Bryant about what constitutes a “catch.” Posnanski envisions a Major League Baseball in which replay review is allowed, but the replay official must review the play in gamespeed — in other words, without the use of slow motion. He acknowledged his stance is unpopular, as the vast majority of fans argue “getting the call right” is of the utmost importance. As we learned last night, though, even with high-speed cameras and dozens of replay angles, referees don’t always get the calls right.

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✒ Art

Seasoned Cynicism: Graduate student curates JSMA exhibit on revolutionary-era art ➡ Emerson

Malone, @allmalone

Francisco Goya, William Hogarth, and other legendary European artists, infamous for lambasting political figures and challenging the status quo, are all featured in a studentcurated exhibition currently at the University of Oregon’s Jordan Schnitzer Museum of Art. The exhibition “Contemplation & Confrontation: The Satirical Print in Europe, 1750-1850” is on display until Dec. 27 and includes several prints from various satirists throughout Europe, including France, England and Spain.

“All of these artists really focus on the attitudes of the bourgeoisie and authoritative figures in the government,” said Chyna Bounds, a graduate student of art history and graduate teaching fellow in the Department of the History of Art and Architecture.

Bounds organized the exhibition with guidance from JSMA curators June Black and Johanna G. Seasonwein. On Nov. 6, Bounds will lead a curator’s talk about the exhibition and the artists’ provocative work at noon at the museum (1430 Johnson Lane).

Spanish artist Francisco Goya’s prints all touch on the corruption within the Catholic Church, including: “Que viene el coco (Here Comes the Bogeyman)”; “El Vergonzoso (The

Shamefaced One)”; and “¿No hay quien nos desate? (Is There No One to Untie Us?).”

“The Stage of Cruelty” series from William Hogarth is also on display in this exhibition.

Hogarth created the visceral sequence of prints as he was greatly disturbed by the wickedness and barbarity he witnessed regularly in London.

The prints depict a fictional character Tom Nero as the embodiment of an upper-class male in London.

Each print shows Nero involved in some form of vice – inflicting cruelty upon animals and humans alike, partaking in robbery and murder – until he reaches own undoing at his execution at the gallows.

Hogarth printed the series on cheap paper rather than woodcuts, which allowed for greater detail in the complicated scenes that unfold, as well as made them inexpensive for mass production.

This printmaking method was popular among artists in the 18th and 19th centuries, as these prints (and the countercultural ideas that challenged the predominant ethos of the church and government) were inexpensive to create and easy to distribute to poorer populations.

“The artists wanted them to be available to others who shared the same disdain toward the

upper class,” said Bounds. “These themes would have resonated with the lower classes.”

In his 1791 etching “Wierd [sic] Sister, Ministers of Darkness, Minions of the Moon,” British satirist James Gillray portrayed the Secretary of State Henry Dundas, Prime Minister William Pitt the Younger, and Lord Chancellor Edward Thurlow, all clearly modeled after the witches of Shakespeare’s Macbeth.

The three politicians are gazing upon a moon with the profiles of Queen Charlotte and King George III. “These artists criticized the government or royalty … and that type of satire is prevalent in contemporary works that criticize presidential candidates and foreign leaders [today],” said Bounds, a JSMA intern.

Bounds studied the works available in the museum’s collections to curate this exhibit.

“With ‘Contemplation & Confrontation,’ we gave [Chyna] the opportunity to curate an exhibition from start to finish,” said Black. “I spent several days with her in our collections storage areas, showing her a broad selection of works that related to her interests. From there, she came up with a more concrete theme and I worked with her to select a final group of works.”

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đ&#x;“– cover

The path to or ➥ Caley

Eller, @CaleyEller

University of Oregon senior Samantha Winfrey is familiar with the struggle to afford an education. If it weren’t for PathwayOregon, a scholarship program that covers tuition and fees for up to four years, she wouldn’t have the money to complete her degree. “Without this award, I don’t think I would be in college right now,� Winfrey said. “As cheesy as it sounds, without this award I wouldn’t be able to pursue my dreams.�

PathwayOregon began with a cohort of 415 freshmen in 2008. Brooks said the 2015 cohort is estimated to have over 700 freshmen. As of fall 2013, 1,026 of the 1,629 PathwayOregon students identified as first-generation college students and about 39 percent identified as students of color.

The number of freshmen entering the university with a PathwayOregon scholarship has fluctuated throughout the years. While there was a cohort of 415 freshmen in 2008, the year the Great Recession impacted the country, the cohort number increased slightly to 440 freshmen in 2009. After rising and falling for the next few years, the smallest PathwayOregon cohort was in 2012, when only 395 freshmen entered the program.

The scholarship program is funded by federal, state and university grants and scholarships. In November 2014, PathwayOregon received a $25 million donation from Connie and Steve Ballmer, the former a UO graduate of ‘84 and member of the Board of Trustees, as a part of the university’s current public fundraising campaign. The capital campaign seeks to fundraise $2 billion for the university, which includes providing funds for PathwayOregon.

The university has raised $860 million to date for its campaign, according to Mike Andreasen, vice president of university advancement.

Roger Thompson, vice president for enrollment management, said that in addition to the Ballmers’ donation last year, the UO enrollment management department has raised $45 million in additional funds for the program.

But for some students, the award isn’t guaranteed to provide assistance for all four years. The PathwayOregon program is available to low-income Oregon residents who are Pell Grant-eligible, have at leaswt a 3.4 high school GPA and will enter the university as a first-time freshman. As long as these students maintain their eligibility by making sufficient progress toward their degree during their time at the university, they will receive four years of college tuition and fees without paying a dime.

These students are still responsible for other expenses such as textbooks, housing and transportation. And because PathwayOregon’s students must receive a Pell Grant, a federally funded grant for low-income students, some recipients may lose their scholarship eligibility if their documented income on their FAFSA increases enough that they are no longer Pell-eligible.

However, Thompson doesn’t have many concerns when it comes to students losing their eligibility. “As long as you’re making good progress and your financial situation doesn’t massively change, then you can definitely continue in Pathway,� Thompson said.

Winfrey knows students who have lost their PathwayOregon scholarships for various reasons. “I have seen people lose the award because their parents’ income has changed, and I have also seen people lose the award due to poor performance at the university,� Winfrey said.

“As cheesy as it sounds, without this award I wouldn’t be able to pursue my dreams.�

Samantha winfrey University of Oregon senior.

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regon widens “The future [of Pathway Oregon] is incredibly bright.”

Roger Thompson vice president for enrollment management

Jim Brooks, director of financial aid and scholarships, said that even if a student becomes ineligible to receive financial assistance from PathwayOregon, they do not lose access to the program’s academic support. Students are paired with an advisor who helps them select courses and plan a course toward graduating in four years. When needed, counselors provide outreach to students if they’re a few credits behind track or need academic assistance.

“To me, it’s an amazing and rewarding position to have,” said Jeff Ransford, one of seven PathwayOregon advisors.

“I think one of the things I’ve enjoyed the most is having the chance to work with students and have an impact on their experience.”

Usually, first-year students meet with their PathwayOregon advisor once in the school year to receive academic guidance, Ransford said. If they need help with schoolwork or classes, students can access services such as tutoring resources exclusively offered to PathwayOregon recipients.

“It’s comforting for a lot of students to know that if there’s ever a question about anything, they can start by coming here,” Ransford said.

These resources are still available to students who lose financial aid due to changes in income or academic performance.

“They still remain a part of the program and still receive other support from the PathwayOregon staff,” Brooks said.

If students are not making satisfactory academic progress or lose their Pell Grant eligibility and have

special circumstances that caused them to become ineligible for PathwayOregon, they can file an appeal to the Office of Student Financial Aid and Scholarships to explain why they still need assistance from the program.

Although not every single Pell Grant recipient is guaranteed a scholarship, the program plans to provide assistance in the future to an ever-growing number of Oregon students so they can focus on their academic goals instead of scraping pennies to get by. The program hopes to remove certain eligibility criteria so that all Pell-eligible Oregon residents can receive a PathwayOregon scholarship. One requirement that Brooks considers unnecessary as the program continues to grow is the 3.4 high school GPA. “We can pull back off of that,” Brooks said. “And we did that this fall because we had additional funds…

As we continue to fundraise, we’ll open that up some more.”

As PathwayOregon expands and develops, the future of the program is expected to grow in size and depth as it focuses even more on assisting students in their academic goals.

“Our goal always with PathwayOregon is to expand the number of students that we serve … [and] expand the success of the program to ensure that more students are retained from year-to-year and more students overall meet their goal of graduation,” PathwayOregon Interim Director Grant Schoonover said.

Thompson agreed.

“The future [of PathwayOregon] is incredibly bright.”

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đ&#x;“Ł opinion

Let’s do away with tipping (S t

➥ negina

ac

yY ur

pirzad, @neginapepina

A few, key tourist spots to hit if you ever find yourself in New York City are the Museum of Modern Art in Midtown Manhattan and Madison Square Park located in Uptown.

Once you finish browsing the Van Goughs and Picassos of MoMA, walking the infamous, urban park grounds, stopping by the museum eateries for lunch and grabbing a milkshake at the original Shake Shack afterwards are a must. You may have to take some time in the Uptown park to then recuperate from the day’s indulging, but you should feel accomplished to have eaten at some of the most famous places in NYC. You have also been helping fuel businesses that all belong to one man: Danny Meyer, CEO of the Union Square Hospitality Group.

This chief executive’s name has popped up in the news lately because of a policy that he is phasing into his New England restaurants.

The new policy brings on two main changes. It bans customers from voluntarily tipping their servers and it raises menu prices. Instead of people leaving an extra amount of money for the waiters and waitresses who helped them, Meyer proposes a service charge instead – a standard fee that customers must pay on top of their increased meal costs. This system is being put to action in many joints around the U.S., and not only in Meyer-owned businesses, igniting a nationwide conversation about the way we Americans have always done things.

The discussion on tipping has gone back and forth for over a century now with people debating whether it is American to tip since we’ve always done it, or if it’s un-American because of the deep-seeded implications that come with it. The way I see it is that tipping creates a hierarchy between server and customer – a power dynamic that shouldn’t exist. Why should a hard worker have to depend on the customer for this extra bit of gratuity when studies show that the amounts people leave behind are completely random?

Characteristics like race and gender play into how much someone tips more than a waiter’s actual serving performance, so the argument

that tipping is an incentive for employees to work harder can be scratched.

The real motivation for servers to perform well should come from the establishments themselves. People like Meyer in New York and Yoon Shin in Eugene, owner of Sushi Station and Miso Japanese Restaurant, should pay their workers a more livable salary. It’s true that the cost of living in New York is a lot higher than in small-town Eugene, but pay equity, labor laws and the rising costs of today’s economy are becoming even harder to manage, especially when working for minimum wage.

Because of this rising cost of living, UO alum and Sushi Station waiter, Josh Adams, 22, doesn’t think restaurants in Eugene should get rid of traditional tipping, since he relies on the extra money. “If I were to just get my minimum wage and that just be it, I would be living paycheck to paycheck with having to pay for rent, my bills and food,� Adams said. “Tips also motivate me to work harder. If they didn’t exist, I would still do my job but probably not as well, since my pay on its own is not really worth it.�

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For Adams, one downside to relying on tips is that the sushi restaurant has a large international clientele, people who see tipping as a foreign concept. Adams finds himself constantly explaining the American system to his customers, hoping they grasp it. “I have to run through this whole process more than you can imagine,� Adams said. “This entire concept that when we go out to a restaurant, we tip for service; we tip for good food; we tip for all these things that matter and make our experience in a restaurant more enjoyable is odd to a lot of those who are coming from abroad.�

In some cultures, tipping is even considered an insult, which are my thoughts exactly. Just the fact that Europeans are the ones who brought this idea of gratuity to America, then got rid of it themselves across the Atlantic shows that it is possible to phase out the tradition. But this transition doesn’t mean we need to tack on hospitality charges and up menu prices either – sorry, Danny. Instead, let’s fight for livable wages and see the disappearance of bad puns on tip jars and the end of tedious calculations after a meal.

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ACROSS 1

Tycoon with the middle name Socrates 11 Advantage 15 When it’s acceptable to start downing brews 16 Pen sound 17 Vacation spot 18 Dog command 19 Away from the nose 20 See 38-Across 21 Response to an unrevealing revelation 22 Point of a vampire story?

23 Bikini blasts, briefly 24 Not going swimmingly?

27 Ice cream purchases 29 Many Israelis 30 Carriage driver?

33 Complexion changer 34 Cousins of husks 35 High Rhine feeder 36 Nickname for Baltimore

38 With

20-Across, scratched the surface for resources?

39 Squeeze 40 Get to 41 Become attentive 43 David of “Rhoda” 44 Frequency unit 45 German architect who spent 19 years in Spandau Prison 47 Freon letters 50 Shankar at Woodstock 51 1920 birthplace of the N.F.L. 53 Like some fans and fences: Abbr.

54 Where Cal Ripken broke Lou Gehrig’s consecutive games record 55 Piano pieces 56 6 or 7 p.m., for many

Down 1

Aron’s girlfriend in “East of Eden” 2 Bikini feature 3 Superlative ending

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Precious thing in Montana’s motto 5 11th-century conquerors 6 Histrionic skill 7 It may be thrown around at a party 8 Put out 9 Sewn up 10 Relative of calypso 11 Item often with a hinged lid 12 Hog’s portion 13 Not yet realized 14 Presents unfairly 21 Humble response to a compliment 22 Laparoscopy technology 23 Rides 24 Certain W.W. II enlistee 25 One may be built to commemorate triumph 26 Noted Ross Perot impersonator 27 Pretty 28 Unpretty 30 ___-a-brac

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What surrounds an aperture 32 Energizes, with “up” 34 Top: Prefix 37 Capital of Lorraine 38 One delivering raspberries 40 Round bump on a cactus 41 Film title character who says “This is the part where you run away” 42 Hall-of-Fame football coach Greasy 43 Board 45 Asian wear with pleats 46 Nabokov novel 47 Vanilla ___ (hot drink) 48 Unvarying 49 Vanilla ___ (cold drink) 51 Trawler’s catch 52 Elect

924 WILLAMETTE ST

SUDOKUS

Fill in the blank cells using numbers 1 to 9. Each number can appear only once in each row, column and 3x3 block. Use logic and process elimination to solve the puzzle. The difficulty level ranges from Bronze (easiest) to Silver to Gold (hardest).

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UO STUDENT ALUMNI ASSOCIATION FOOD DrIvE The Duck Store Drop Off: 10:30 a.m. to 1:00 p.m.

The SAA is holding a Food Drive that will help feed students at UO! Help give back to the fellow Ducks that surround you every day!

CONTESTS : • FSL house to donate the most cans gets $100 for their philanthropy!

• Club to donate the most cans gets $100 for their organization!

• Donate and you could win a Duck football jersey!

FrOM MONDAY, OCT. 19TH TO FrIDAY, NOv. 6TH DrOp OFF LOCATIONS: The Duck Store and Ford Alumni Center

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Tuesday 11/3 More about the UO Student Food pantry • UO food pantry serves about about 110 students/ week and about 880/year • UO food pantry average 9lbs of food/student • UO food pantry distributed 32,000 lbs food this past year • More than half (about 59%) of college students suffer from food insecurity (a lack of nutritional food) Address: 1329 E 19th Ave Eugene Or 97403 Day/Time: Thursdays from 4pm-6pm Needed for access: Student ID card