The Vermont Cynic DECEMBER 5, 2017
VOL. 134 – ISSUE 14
VTCYNIC.COM
Sophomore sues University for suspension Lawsuit against UVM raises issue with Title IX and sexual assault Brandon Arcari Assistant Breaking News Editor An unnamed sophomore is suing the University over a one-semester suspension following allegations that he groped a female student. The student’s lawyers are arguing that the University chose to make an example out of the accused and claim there was no evidence to support the defendant’s claims in the lawsuit. “Jane Doe’s false accusations against John Doe were accepted as fact and upheld by Defendants using a Kafkaesque process that denied John Doe due process of law in violation of due process,” the lawsuit stated. The sophomore, referred to as John Doe in the suit, was accused of grabbing a female student referred to as Jane Doe at a rugby club party April 28. The defendant said the accuser’s allegations were false. In a Nov. 29 email, UVM men’s rugby treasurer Matthew Cortigiani stated that club rugby was suspended this spring and cleared after a Title IX investigation. “I am concerned that continuing to mention our team in this context puts us under an undue negative light,” Cortigiani stated in the email. John Doe’s lawsuit asks for unnamed damages and lists
The Office of Affirmative Action & Equal Opportunity Dec. 3. The University is being sued by an unnamed sophomore who claims he was falsely accused of sexual assault and unfairly punished with a suspension.
the University and several staff members as defendants. Jane Doe is not listed as one of the defendants. “The University is confident it has acted legally and appropriately. Not surprisingly, the plaintiff’s claim, appearing in various news outlets, provides only one part of the story,” Enrique Corredera, director of University Communications, stated in a Nov. 28 email. “The University looks forward to its opportunity to pres-
ent the facts and the relevant law governing this case in a public court of law,” Corredera stated in the email. “As of Tuesday, Nov. 28 in the afternoon the University has not been given official notice, or required service of notice, regarding the complaint.” The suit also states that the student suffered damages in losing a competitive teaching assistant position, a scholarship and being required to wait to return to UVM.
John Doe is seeking damages from the University to be determined in a jury trial for five of the six claims made. The UVM sanctioning procedures involve a three-person panel from the University community, one of whom from the Center for Student Conduct. The panel is required to be impartial with both panel members and parties to the sanctioning committee able to request removal from the committee, according to the
UVM website. The lawsuit states that UVM violated the 1972 Title IX rules with “anti-male discriminatory bias afflicting UVM’s sexual misconduct policy and procedures.” It also states that because the University used a “single-investigator model” in determining guilt, the single investigator being Title IX coordinator Nick Stanton, the University policy prevents the accused from defending themselves. The lawsuit states the bias was relayed to the U.S. Department of Education’s 2011 Dear Colleague Letter, which established newer guidelines on sexual violence victim advocacy and rights on college campuses, according to the lawsuit. These rights were rescinded by U.S. Secretary of Education Betsy DeVos. The “era of ‘rule by the letter’ is over,” DeVos said in a Sept. 7 speech at George Mason University. The filing cited multiple statements from DeVos’s speech including that “every student accused of sexual misconduct must know that guilt is not predetermined.” The Title IX office declined to comment. Vice Provost for Student Affairs Annie Stevens did not responded to request for comment.
Health center director steps down after two decades Lindsay Freed Senior Staff Writer The director of the Center for Health & Wellbeing is stepping down after eight years in the role. Though he has loved working with students, Jon Porter wanted to return to an environment where he would be doing more long-term clinical work, he said. “It’s kind of bittersweet,” Porter said. “It’s not the happiest thing to leave CHWB, but it’s good. I think there’s some creativity in this new work for me.” Porter, who has been involved with the University for 21 years, has accepted a position at the UVM Medical Center to work on alternatives to opioid treatment for chronic pain management, he said. “This opportunity [to work at the medical center] came up and it just has a lot that I like in terms of working with a team and trying some creative new approaches,” Porter said. The traditional approach to chronic pain treatment doesn’t work very well, Porter said. The new methods he will be working with focus on the patient’s overall well-being, not
just treating their symptoms, he said. “I think a lot of the work that’s being done in this area now with pain is really focusing on how to help folks just be more functional and get more enjoyment out of life,” Porter said. This new approach would include a focus on methods like acupuncture, massage therapy, psychotherapy and mindfulness, he said. “This kind of comprehensive approach will try to give folks skills to help them move forward,” Porter said. Helping people with mindfulness and mental health care has been one of Porter’s many focuses as director, he said. “I think a challenge for all universities and institutions of higher education is making sure we’re addressing mental health in a proactive and effective way,” Porter said. There has been an increase in demand for mental health counseling at Counseling and Psychiatric Services over the past five years and CHWB is going need to look into how to best use its resources, he said. “I think we’re going to have to figure out how to be proactive about how to help students gain skills to handle whatever’s
HENRY ROOD/The Vermont Cynic
Jon Porter, director of the Center for Health & Wellbeing, reflects on his last 21 years at the University. Porter will step down from his position as director after eight years.
going on and work with it in a way that serves them well for the next eight decades,” Porter said. Porter also sees his departure as a chance for CHWB to to make UVM a university that prioritizes students’ health and well-being. “For years here, we have worked on mindfulness and yoga and believed in the value that those other approaches have in maintaining health or optimizing health and func-
tion,” Porter said. “Looking forward, I think it’s great to have new leadership come in and invigorate the organization.” The search for Porter’s replacement will begin in the spring, Vice Provost for Student Affairs Annie Stevens stated in a Nov. 30 email. Until a new director is hired, the leadership of CHWB’s units — Student Health Services, Counseling and Psychiatry Services, LivingWell and the administration — will share
responsibility for oversight of the center, Stevens stated in the email. SGA President Chris Petrillo said he will be sad to see Porter leave his position as director, but is happy he is leaving for a personal passion that will benefit the state and the UVM community. “It will be difficult to find a replacement who is as hardworking and caring as Dr. Porter,” Petrillo said.