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Inside how Duke decided a sexual assault case Amrith Ramkumar and Neel Moorthy The Chronicle As litigation continues about whether Duke improperly suspended men’s soccer player Ciaran McKenna for rape, a superior court judge has allowed him to stay on campus as a student. After being suspended, McKenna sued Duke and Dean of Student Conduct Stephen Bryan on the grounds that the University violated its own policies during the disciplinary process. Hudson granted a preliminary injunction Wednesday that will allow McKenna—who was previously suspended six semesters—to remain at Duke for the time being. The injunction does not constitute a final determination that Duke erred, just that McKenna should not be suspended while either the court or a jury further decides the issue. After convincing the judge to make the complaint available publically, The Chronicle was able to review McKenna’s filing, which included exhibits, two hearing reports and supporting documents. The Chronicle has constructed a timeline and explanation of events based on the documents filed in court by McKenna’s lawyers and by the University. Those involved in the lawsuit either could not be reached for comment in time for publication or declined to comment. The night of the alleged assault The alleged sexual assault occurred early in the morning Nov. 14, 2015, after the alleged victim and McKenna—both firstyears at the time—met at Shooters II Saloon. According to his filing, McKenna, who was 17 at the time, and the female student

Bre Bradham | The Chronicle Sexual assault hearings take place in the Office of Student Conduct, located in the Crowell Building on East Campus.

Collage by Han Kang | The Chronicle Sophomore men’s soccer player Ciaran McKenna (left) is suing Duke and Dean of Student Conduct Stephen Bryan (middle right) for mishandling his sexual assault hearings. Judge Orlando Hudson (bottom right) presided over the hearings in the case, during which McKenna’s faculty advisory James Coleman (top right) testified.

agreed they made out while dancing before returning to her dorm room. The female student invited McKenna back to her room with the intent to only continue making out, according to McKenna’s appeal after the first hearing, but McKenna alleges that she did not object when she saw him pick up a condom from his room before going to hers. McKenna says in his statement of facts in the first panel that they engaged in consensual sexual acts before and after intercourse in her room, and that during sex, his condom kept falling off. According to his statement of facts, the female student told McKenna he did not have to wear one. However, according to the second panel’s report, the female student claimed she did not want to lose her virginity when McKenna reached to grab the condom, pulled away from him before sex and said no during intercourse. When McKenna spoke to the second panel, he said the alleged victim actively consented through her movements. The alleged victim is not a party to the lawsuit. She declined to comment to The Chronicle. The original hearing panel The first of two hearing panels in the case convened July 7, 2016. The threeperson panel required a unanimous verdict to sanction McKenna and

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considered two questions—whether the female student verbally denied consent and whether her nonverbal actions constituted affirmative consent. The original panel was not unanimously convinced that she verbally said no, with one member questioning the female student’s account. However, the panel did unanimously conclude that “his version of the events that led up to sexual intercourse fails to show that the complainant clearly and affirmatively consented to having sexual intercourse.” As a result, the panel unanimously agreed on a six-semester suspension. In the report, the panel notes that it considered expulsion but lowered the sentence after considering mitigating factors, such as McKenna’s age when the incident occurred, his clean record and statements McKenna made to suggest he would alter his future behavior. The chair of the panel was Li-Chen Chin, assistant vice president for intercultural programs. Jerrica Washington, former student involvement program coordinator, and a current senior student were the other members. Leslie Grinage, assistant dean of students, is listed as a facilitator. Tim Young, assistant director of development and alumni relations in the Sanford School of Public Policy, was McKenna’s advisor and Adam Hollowell, visiting professor in the

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religion department and Sanford, was the alleged victim’s advisor. According to Duke’s student misconduct policy, the panels typically consist of two faculty and staff members in addition to a student. Duke’s requirement of a unanimous verdict from a three-member board is different from that of its peers. According to The New York Times, Duke and Stanford University are the only schools in the U.S. News & World Report’s list of the country’s top 20 colleges that have such a requirement. Stanford also uses a three-member panel, but Harvard University and Columbia University instead have the investigating Title IX officer or investigative team issue a final judgment, subject to an appeals process. A gray area McKenna appealed the original panel’s findings July 29, 2016 because he did not think the panel correctly applied the “reasonable person standard” to the question of whether the female student’s actions constituted affirmative consent. By that standard, outlined in Duke’s sexual misconduct policy, McKenna needed to show that a “reasonable person” would have believed the female student was consenting See SEXUAL ASSAULT on Page 3

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N.C. death toll from flu spikes, Professor caught up in travel Duke Hospital restricts visitors ban returns to United States Jackie Park The Chronicle In response to an increasingly severe influenza season this year in the Triangle area, Duke University Health System has implemented visitation restrictions in its hospitals and ambulatory surgery centers. Typically, North Carolina sees a peak in flu cases from late December to early January. However, this year, February is showing a late surge in the number of flu cases, related hospitalizations and flu-associated deaths. According to the North Carolina Department of Health and Human Services, between Feb. 5 and 11, there were eight influenza-associated deaths in the state, double that of any previous week. And although individuals above age 65 are at the highest risk of mortality, deaths have been documented across all adult age groups in North Carolina this season. To reduce patient exposure to the potentially fatal virus, Duke has limited the number of patient visitors to two adults at

Han Kang | The Chronicle Eight people in N.C. died from influenza-related causes between Feb. 5 and 11, which is twice as many as any previous week.

one time. Children under 18 may be allowed visitation only with approval from a care provider or under special circumstances. Fliers enforcing the policy, which officially began Feb. 10, are displayed in all participating Duke facilities including the Duke University Hospital, Duke Regional and Duke Raleigh Hospitals, Duke Ambulatory Surgery Center and the James E. Davis Ambulatory Surgical Center. Any potential visitors displaying flu-like symptoms including headaches, fevers, muscle aches, congested sinuses, cough or sore throat are also urged to remain home. Dr. Tabinda Nazir, hospital medicine specialist at Duke Raleigh Hospital, says that Influenza A is the strain causing trouble throughout the Triangle. This strain is typically less predictable than the B or C types and has therefore led to more outbreaks historically. Each fall, Duke patients are urged and employees are required to receive the influenza vaccination, which this season protected against two type A and one type B strains. Unfortunately, there seems to be a particular influenza A mutant that is infecting even the vaccinated population throughout the Triangle, Nazir said. Whether they have been vaccinated or not, all visitors are encouraged to perform frequent hand washing and practice proper cough etiquette in Duke facilities. Right now, the visitor restriction policies are being communicated via fliers and, if needed, floor staff are instructed to intervene with visitors who do not adhere to posted initiatives. Nazir said she believes that Duke’s restrictions are appropriate and in line with regulations at health care facilities around the country. Duke has also implemented similar regulations in previous years in response to flu outbreaks. Although the end of February typically marks the conclusion of peak flu season, this year appears to be atypical. Nazir noted that she predicts the visitation restrictions will continue until the Centers for Disease Control and the National Institutes of Health See FLU on Page 12

Adam Beyer The Chronicle A Duke professor affected by President Donald Trump’s travel ban has returned to his family in North Carolina. Mohsen Kadivar, a research professor of Islamic studies originally from Iran, had been living in Berlin as part of a fellowship program. Although he originally planned to stay until July, he decided to return to Duke last week after several federal courts put Trump’s executive order on hold. Although he was thankful for a safe return, he said it was a disappointing to cut short his fellowship at the Institute for Advanced Study in Berlin. He had planned meetings with scholars and was supposed to give a lecture before returning to Duke. And Kadivar knows who he blames. “President Trump is responsible for the harms that happened to my University and myself,” he said, noting that he also is angered by his inability to visit his aging parents in Iran. Kadivar, a green-card holder, said that the process was of returning through customs screens at the Newark, N.J. airport was easier than normal. He had expected to be under investigation, but agents only asked how long he had been outside the United States, the purpose of his trip and whether he had visited any other countries besides Germany. David Morgan, chair of the religious studies department, said that the decision to return was ultimately Kadivar’s but the University helped to advise him and work out details with his sponsor in Germany. A legal firm working with the University on immigration issues noted that the situation was too fluid to trust that Kadivar would be able to return in July, Morgan said. Kadivar explained that his decision was influenced by worries that the administration could impose a new ban as early as this week. In recent days, reports have indicated that Trump and his advisors are considering a new version of the original executive order— which barred travelers from seven Muslim-

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Special to The Chronicle Mohsen Kadivar, a professor of Islamic studies at Duke, was in Germany when Trump’s executive order was announced.

majority countries—that could fare better against legal scrutiny. Since it is too far along in the semester to teach classes at Duke, Kadivar will take the rest of the semester to work on his upcoming book. Kadivar—a prominent Iranian dissident and scholar who has spent time in prison for criticizing Iran’s government—said he sees similarities between Trump and former Iranian president Mahmoud Ahmadinejad. “Many Iranians compared these two presidents,” Kadivar said. “You cannot expect what will happen from them. The character of these two presidents is so close to each other.” He also noted that President Trump’s recent statements accusing the media of being “the enemy” of American citizens are eerily similar to statements by Iranian Supreme Leader Ali Khamenei that characterize the media as enemies of the Iranian people. “What’s the difference?” Kadivar asked, adding that undermining the media in Iran was one of the first steps to establishing its

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SEXUAL ASSAULT from page 1 based on her actions. “Conduct will be considered ‘without consent’ if no clear consent, verbal or nonverbal, is given,” according to the sexual misconduct policy. “The perspective of a reasonable person will be the basis for determining whether a respondent knew, or reasonably should have known, whether consent was given.” The report from the first panel, included as an exhibit to the lawsuit, does not mention the phrase “reasonable person” anywhere. Another main pillar of McKenna’s original appeal was that the first panel did not fully consider evidence that he argues could have affected the alleged victim’s credibility. In particular, the female student argued to the original panel that one of the reasons she said she did not want to have sex was that she was a virgin. However, McKenna claimed that one of his teammates had a previous sexual relationship with the alleged victim. The panel tried to get in touch with that teammate during the hearing. Although the panel’s facilitator called the teammate three times at a time in which he said he would be available, there was no answer, per the original hearing report. According to the lawsuit filing, the panel attempted to contact the teammate using an unknown conference call number rather than the number they used to originally contact him, so the teammate did not answer the phone. McKenna argues that by failing to hear from his teammate—whose testimony McKenna claims could have affected the alleged victim’s credibility—Duke violated his due process rights.

“procedural errors within the investigation or hearing process may have significantly affected the finding” from the first panel. In particular, the board cited the fact that the hearing panel did not address the reasonable person standard, which “must be considered for a finding of responsibility.” Because the panel determined that McKenna’s own account indicated the female student did not provide clear and affirmative consent, it proceeded without the teammate’s testimony. The appellate board found no procedural errors in the failure to interview McKenna’s teammate. Due to the “reasonable person” standard procedural error, the appellate panel returned the case of the Office of Student Conduct with instructions to correct the problems. In particular, McKenna objected to the possibility of a second panel considering the issue. The members of the appellate board were chair Tim Bounds, senior director for strategic operations in student affairs; Linda Franzoni, associate dean of undergraduate education in the Pratt School of Engineering; Joe Gonzalez, dean for residential life; and David Rabiner, director of the Academic Advising Center and associate dean of Trinity College of Arts and Sciences.

A request for dismissal As the Office of Student Conduct considered how to fix the procedural error, McKenna emailed Bryan Sept. 20, 2016 asking him to dismiss the complaint following an in-person meeting between the two earlier that day. In the email, McKenna argued that the initial hearing panel was not unanimously convinced that the female student said she did not want to have sex, so “that issue cannot be revisited by another hearing panel.” The initial appeal Lastly, McKenna asserted that “no On Sept. 2, 2016, a four-person appellate reasonable person could find that I engaged board determined unanimously that in sexual misconduct on the record now

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before you” in his request to have the complaint dismissed. Despite his arguments, two days after the meeting and email, McKenna was informed that the case would be going to a new hearing panel. The Chronicle has previously reported that Jerrica Washington, who was on the initial panel, is no longer employed at the University. In February 2017 testimony in court, Dean of Students Sue Wasiolek alluded to a panel member’s departure as a reason that an entirely new panel was needed, although she did not specify Washington in court.

and Chris Lott, associate university counsel. In the email, Coleman makes several arguments on McKenna’s behalf, the first being that the new panel would constitute double jeopardy—a constitutional principle saying a person cannot be tried twice for the same crime. Although Duke has since argued that this constitutional principle does not apply to them as a private university, McKenna and Coleman argue it is nonetheless a principle of fairness Duke should follow. Coleman argued that sending the case to a new hearing panel would allow the alleged victim to re-argue her case. Specifically, James Coleman gets involved he said, the first panel had not been able After the Office of Student Conduct to conclude she had said “no,” so a second informed McKenna that they would be panel should not be given the opportunity to convening a new panel, James Coleman, Jr., decide otherwise. John S. Bradway professor of the practice of Coleman called the decision to have a law and faculty advisor to McKenna, sent an See SEXUAL ASSAULT on Page 4 email to Duke administrators asking them to reconsider the decision. Per the conduct guide, students are allowed to have a trained disciplinary advisor for the proceedings. Coleman was not involved in the case for the first panel, but he testified in court that he had been asked by the director of compliance in the athletics department to get involved in McKenna’s case after the appeal. Both Mary Giardina, director of compliance in the athletics department, and Todd Mesibov, assistant director of athletics for compliance, declined to comment. Coleman, who later testified on McKenna’s behalf during the court proceedings, is codirector of the Wrongful Convictions Clinic at Duke and chaired the Lacrosse Ad Hoc Review Committee, which was convened by President Richard Brodhead during the 2006 Duke lacrosse scandal to investigate the behavior of the lacrosse team. His email was sent to Bryan; Larry Moneta, Courtesy of Student Affairs vice president for student affairs; Pamela The 2015-16 Duke Community Standard was Bernard, vice president and general counsel; applied to McKenna’s case.

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SEXUAL ASSAULT from page 3 new panel “indefensible,” and added that he thinks Duke has a responsibility to protect the rights of all students, not just of alleged victims, in sexual misconduct cases. In asking Duke to “step in to avert this unfairness,” Coleman wrote that he seriously doubts the Office of Civil Rights, which he once advised as deputy general counsel of the Department of Education, would agree with Bryan’s decision. The second hearing panel The second panel, which convened Nov. 2, 2016, found the female student’s account of the alleged incident credible because of its specific details, according to its report. It unanimously believed her three claims—that she told McKenna she was a virgin when he reached for a condom, pulled away before sex and said no during intercourse. The first panel did not unanimously conclude that she said no during intercourse, but this panel did reach that conclusion. The panel also noted that both McKenna and the female student agree that she told him she was a virgin before sex.

As a result, the panel concluded that he “should have sought additional confirmation that the complainant wanted to engage in sexual intercourse.” Another point the second panel made in its report is that McKenna’s argument that intercourse was consensual based on prior sexual conduct that evening was invalid. The sexual misconduct policy states “consent to one form of sexual activity does not imply consent to other forms of sexual activity.” Although the first panel did not speak to the teammate McKenna claims had a sexual relationship with the female student, the second one did hear that player’s witness testimony before reaching a decision. Like the original panel, the second one decided on a sixsemester suspension. But its justification for that decision makes it clear that the second panel’s decisions were influenced by the original one, even though it was supposed to re-litigate the proceedings entirely without reference to the prior panel. In a footnote, the justification for the six-semester suspension said that even though the second hearing panel originally decided on a 10-semester suspension, the Office of Student Conduct decided six semesters would be appropriate

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since the first appellate board found no errors with the initial process of implementing a sanction. Because of this adjustment, McKenna argues in his filing that Duke cherry-picked which issues to re-litigate and which ones were already decided. In addition to the suspension and being placed on disciplinary probation for the rest of his undergraduate career, McKenna would have been required to complete a therapy program aimed at sexual offenders to be eligible for readmission. The chair of the second panel was Laura Andrews, assistant director of student life. Its other members were Shawn Lenker, a health, safety and security officer in the University’s Office of Global Education, and a current senior student. The panel’s facilitator was Valerie Glassman, assistant dean of students. The second appeal After McKenna appealed the second panel’s decision Dec. 16, 2016, a four-person appellate board—the same one that decided the original appeal—sent McKenna a response earlier this year on Jan. 25 informing him that it unanimously determined that there were no procedural errors within the second investigation and hearing process. It claims that in convening a new panel, the Office of Student Conduct fixed the procedural error in accordance with Duke policy, because all of the original board members were no longer available. As noted above, Jerrica Washington had since left the University. McKenna’s legal argument McKenna’s lawyers filed a motion for a preliminary injunction, which was granted last Wednesday and allows McKenna to remain at Duke while further litigation takes place. In a brief for his motion, McKenna’s lawyers lay out the following legal arguments. Citing various case law, the brief argues that the University is bound by written contract—both his financial aid agreements as a student-athlete and the Duke Community Standard—to follow its disciplinary procedures without deviation. They also argue that Duke has a duty of “fundamental fairness” toward its students. One of the most significant aspects of McKenna’s argument is that the University violated its own procedures by calling a second panel to hear the case, instead of having the original panel or the appellate board make a final decision. Specifically, McKenna points to a passage from the 2015-16 sexual misconduct policy that only mentions sending the case back to the original panel. “After its review, the appellate panel will resolve the case; or, if more information is needed from (an) additional witness(es), it will remand the case to the original hearing panel with instructions to call the witness(es) and to reconsider its decision in the light of that additional testimony.” Supporting this argument, Emilia Beskind, a lawyer for McKenna, argued in court that this policy stands in sharp contrast to what had been in place just one year prior, in the 2014-15 policy: “If the grounds for appeal are substantiated, the appellate panel may determine a final resolution to the case or refer the case back to the Office of Student Conduct for further review and/or a new hearing.” Beskind said that until 2015, the University’s policy did allow for a second hearing panel, but that this policy had been See SEXUAL ASSAULT on Page 12

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Chronicle File Photo A team spokesperson confirmed that McKenna is still a member of the men’s soccer program.

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Two late stops preserve Duke’s seventh straight victory Saturday afternoon Mitchell Gladstone The Chronicle With 35 seconds left and his team trailing just 93-92 following an impressive comeback, Wake Forest sophomore Bryant Crawford sized up Blue Devil defensive stopper Matt Jones. The Demon Deacon guard blew by Jones with a hard drive to his right, creating an angle for a go-ahead layup that would have put Wake Forest on top with a chance to pull out a major road upset. But the shot was too strong, rolling harmlessly off the rim into the waiting arms of Jayson Tatum as Duke dodged another bullet to keep its winning streak alive. Sparked by one of their best offensive performances on the season and a second-half surge, the No. 12 Blue Devils snuck past Wake Forest for a 99-94 victory Saturday afternoon at Cameron Indoor Stadium, stretching their winning streak to seven games. Duke drained 13 3-pointers on just 27 attempts, exploiting the ACC’s second-worst scoring defense and shooting a season-high 59.0 percent from the floor. The Blue Devil offense featured a balanced attack with six players in double figures, led by 23 points from sophomore Luke Kennard and 19 from Tatum. Tatum followed up on a career-high 28 points Wednesday at No. 14 Virginia, shooting 6-of-11 from the field and adding seven boards. “To continue to win in a league like this and fight our way back—we were down at

Jim Liu | The Chronicle Sophomore Luke Kennard scored 15 of his game-high 23 points after halftime, including a late reverse layup and 3-pointer that helped Duke fend off a furious Wake Forest rally.

the bottom and we’re working our way up,” Kennard said. “It shows a lot about the way we can stay together and the way that we can show toughness…. We’ve grown up a lot and we’ve learned.” The Demon Deacons got another strong performance from sophomore big man John Collins. Wake Forest’s leading scorer—who stands seventh in the ACC at 18.5 points per contest—dominated the hosts, going for a double-double with 31 points and 15 boards and missing just five shots along the way.

After Duke (22-5, 10-4 in the ACC) seized as large as a 12-point advantage a little less than midway through the second stanza thanks to a 17-5 run, Wake Forest battled back, pulling within one with just more than 60 seconds to play. “Today was the type of game where we just had to get enough stops,” Jones said. “We were able to do that and obviously, we’ve got a lot of things to fix but luckily we were able to win.” The Demon Deacons (15-12, 6-9) used a

9-2 run in a little more than two minutes to close the margin and got an and-one lay-in from Brandon Childress to bring the score to 93-92. But Crawford could not convert on his layup with 35 seconds remaining, allowing Tatum to knock down a pair at the free throw line and give the hosts some breathing room. Another missed shot deep in the paint from Crawford on the next possession kept the visitors from pulling the late-game upset. Graduate student Amile Jefferson was instrumental in the Blue Devils closing the game out, grabbing a tough rebound on Crawford’s second miss and sinking a pair of free throws to ice the game. He had one of his best games since returning from a right-foot bone bruise with 16 points, seven rebounds and five blocks. “Collins and Crawford can play with anybody and [Wake Forest head coach] Danny [Manning has] done a great job implementing such an aggressive style offensively to play,” Duke head coach Mike Krzyzewski said. “We knew it would be difficult for us and it was.” Like the physical battle in the teams’ first matchup in Winston-Salem, N.C., earlier this season, Saturday’s contest featured more of the same as both teams pushed the pace early. The Demon Deacons—led by Collins down low—controlled the paint throughout the game for 46 points. With both offenses in high gear from the start, neither team could take control in the first See M. BASKETBALL on Page 9

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Blue Devils run past No. 16 Miami after halftime Ben Leonard The Chronicle

For more than a half, No. 16 Miami kept the Blue Devils under wraps with their fullcourt pressure, keeping Duke from pulling away in the first half. But the Hurricanes lost track of Lexie Brown behind the 3-point line twice in the third quarter, and that it was all it took to send the Blue Devils off to the races. Brown scored 28 points on 8-of-10 shooting, sparking a 14-2 spurt that sent No. 13 Duke to an 83-70 victory against the Hurricanes on Senior Day. at MIAMI 70 Cameron Indoor DUKE 83 Stadium. Redshirt junior Rebecca Greenwell also had an efficient shooting day with 22 points on 7-of-10 shooting, adding a season-high 13 rebounds for an impressive double-double. One of those rebounds came when Greenwell foreshadowed Duke’s second halfmomentum at the close of the first with a tipin through contact to give the Blue Devils the lead going into the locker room. “For Becca, just incredible rebounding. That tip-in was the coolest thing I’ve seen in a long time. It was such a wonderful way to lead the team because then we go into the locker room up and it just sort of sends a message,” Duke head coach Joanne P. McCallie said. “I love the poise that Lexie

showed, obviously shooting the ball very well but just making really good decisions on the floor while getting hit a lot.” Once the Blue Devil offense got going toward the end of the second quarter and after halftime, Miami (19-7, 8-6 in the ACC) was in trouble. Although Hurricane star Adrienne Motley powered Miami’s offense with 23 points, the Hurricanes shot just 34.3 percent for the game as Duke’s matchup zone defense claimed another victim. The Blue Devils (24-4, 12-3) have not allowed a team to shoot better than 40.0 percent from the field in their last 12 contests, a streak that is tops in the ACC. Despite being pushed early against the Hurricanes’ aggressive pressing defense that forced several first-half miscues, Duke rode its third-period run to take a ninepoint lead into the final quarter. The Blue Devils then put the game away with a 9-0 explosion in a few minutes sparked by Greenwell and Brown attacking the paint to seal the victory. A pair of Greenwell layups followed by a transition bucket from Brown in a little more than a minute brought Cameron to a frenzy, giving Duke a decisive 66-50 lead with seven minutes remaining. “We talked about it at halftime that we were being a little too passive on the offensive end,” Brown said. “We were just kind of happy to beat the press and then we were

Rachel Baber | The Chronicle Rebecca Greenwell had a season-high 13 rebounds Sunday and poured in 22 points as well, combining with backcourt Lexie Brown for 50 points in Duke’s seventh straight win.

going to set up and try to pound it inside and get open looks. In reality, we should have gone with the flow when we had them on their heels and beat their press. We let loose on offense in the second half.” Duke’s offense, which shot 52.0 percent from the field, ran much smoother than it did last season on the road against the Hurricanes, when it missed 25 consecutive field goal attempts en route to a 61- 53 loss. Brown’s influence on the Blue Devils was

once again on display, as Miami could not key on her or Greenwell in the second half. “Rebecca Greenwell doesn’t have to play the point guard anymore. When she had the ball, you knew where she was because you had one person on the ball,” Miami head coach and former Duke All-American Katie Meier said. “Duke is very hard to beat because they free both of them up, and See W. BASKETBALL on Page 9

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MEN’S BASKETBALL

Duke finds yet another way to extend its winning streak Sid Bhaskara The Chronicle In the middle of its conference schedule, Duke had dropped three of four, including a loss to N.C. State at Cameron Indoor Stadium for the first time in 22 years. That same Blue Devil team has now ripped off seven straight close wins, bookended by victories against Wake Forest. Duke looked visibly rattled in tight situations barely three weeks ago but now has found itself on the right end of big shots, big stops and big free-throws. Every game the Blue Devils have played during the winning streak has been within one possession at some point with less than seven minutes left, but Duke has found different ways to come out on top each time. “We click, we stay connected, we stay together and we’ve learned a lot,” sophomore guard Luke Kennard said. “If we were [up one with a minute to play] three weeks ago, last time we played them even, we might have let them take the game away, but we stayed together, we locked in, we showed some leadership and we acted like an older team today.” Since the home loss to the Wolfpack in which the Blue Devils gave away a ninepoint lead in the closing minutes, Duke has tightened up on both sides of the ball

when it has needed to, a testament to how a team can change its identity on a gameby-game basis. Against the Demon Deacons on the road and Clemson, the Blue Devils rode the hot hand of Luke Kennard in lategame situations. Against North Carolina, Virginia and Notre Dame, Duke rode strong defense and clutch shooting from Grayson Allen and Jayson Tatum to down ranked ACC opponents. Allen also found a rhythm late in a slow-paced game against Pittsburgh with 18 points in the last eight minutes to help the Blue Devils pull away down the stretch. But after all the individual heroics of the last three weeks, Duke finally needed all hands on deck on offense when it could not find ways to stop the Demon Deacons inside, as sophomore John Collins scored at will against smaller defenders and finished with 31 points and 15 rebounds. The Blue Devils delivered, with six players in double figures providing just enough offense to prevail in a 99-94 shootout. “All of this stuff before about, ‘We’re not together,’ or whatever, that’s a bunch of baloney,” head coach Mike Krzyzewski said. “These kids have had good attitudes, they just haven’t practiced together. They have been disjointed.” Duke shot 13-of-27 from beyond the arc, relying on perimeter contributions

Jim Liu | The Chronicle Graduate student Amile Jefferson corralled a late rebound and made two big free throws to help the Blue Devils seal the win. He finished with 16 points, seven rebounds and five blocks.

from every guard on its roster. But unlike their past few games, the Blue Devils also got life from their post players with Amile Jefferson, Marques Bolden and Harry Giles combining for 24 points and eight boards. With the Demon Deacons forced to divert some of their attention to the low block, Duke took advantage by moving the ball well and spacing the floor well

enough to get good looks all over the floor. That collective chemistry and wellrounded offense, which finished with 19 assists on 36 made field goals, helped the Blue Devils to their highest scoring output since Jan. 4. Better yet, the continued development of the Duke freshmen has slowly given the See WINNING TIME on Page 9

WOMEN’S LACROSSE

Crutchfield’s 5 goals send Blue Devils to a top-15 win Ben Feder The Chronicle With their first game against a top-15 opponent this year knotted at eight in the fourth quarter, it was a do-or-die situation for the Blue Devils. They passed their first test with flying colors. Led by midfielder Maddie Crutchfield’s career-high five goals and goalkeeper Jamie Lockwood’s nine saves, No. 10 Duke knocked off No. 12 Stanford 12-8 Saturday evening at the Ford Center in Frisco, Texas, in the Patriot Cup. After the Cardinal tied it at eight with 10:40 remaining, Crutchfield found the back of the net with 6:48 left and STAN 8 the Blue Devils reeled DUKE 12 off three more tallies to seal their first win against a ranked opponent this season. “We played on a big stage today,” Duke head coach Kerstin Kimel told GoDuke.com. “Big picture, I think our girls handled it well. For us to be in a really tight game this early on a big stage was a great test for us.” Although the Blue Devils (4-0) managed to score 12 goals, they struggled on offense at times early in the game. With the Cardinal’s zone defense sagging back to force low-percentage shots, the Duke offense was frustrated, particularly leading scorer Kyra Harney, who scored her lone goal with 17 seconds left in the contest as she settled into a distributing role with a team-leading four assists. But Crutchfield was able to take advantage where Harney struggled shooting-wise,

Jeremy Chen | The Chronicle Maddie Crutchfield posted a career-high five goals Saturday, including two after Stanford tied it at eight in the fourth quarter, to lead the Blue Devils to their first win away from home this season.

scoring the majority of her goals right around the crease. The Concord, N.H., native used her speed and timely cuts to create space and dismantle Stanford’s backline as the Cardinal defenders keyed on Harney. It was the same story for the rest of the Blue Devil attackers, as Stanford (1-2) forced Duke to find other scoring options—the Blue Devil attack combined for just three goals on 11 shots. Duke recognized the Cardinal’s game plan later in the contest, as senior midfielder Stuart Humphrey and Crutchfield added insurance scores after

Crutchfield’s go-ahead goal to seal the victory for the home side. “The way we prepared our offense was to be adaptable and we thought that [AllAmerican defender] Maura [Schwitter] would be open at the top [of the attacking third],” Crutchfield told GoDuke.com. “But at the end of the day their zone was blocking that off so it was leaving the crease [and] we took advantage of it.” Lockwood held her own on the other end of the field, making a couple of timely saves to preserve the Blue Devils’

lead late in the contest. She finished with nine saves—matching her career-high— further cementing her hold on the starting netminder job with highly-touted freshman Gabbe Cadoux battling for playing time behind her. Lockwood and the rest of Duke’s defense had to survive many sudden changes in possession as the Blue Devils were plagued by 24 turnovers. Although Duke was able to clear it successfully 18 times, the Blue Devils struggled in the neutral zone, often turning it over trying to get the ball into the offensive end on many of their miscues. “We can’t turn the ball over 24 times as we get ready to head into ACC play,” Kimel said. “Our kids had some nerves and we were disorganized at times on offense and in transition that led to some of those careless turnovers.” Despite all the turnovers, Duke was able to still control possession due to attack Olivia Jenner’s dominating performance at the draw. The sophomore had 11 solo draw controls—six more than Stanford had the entire game—and the Blue Devils had 17 overall. After nearly every Cardinal response, Kimel’s squad was able to regain possession to prevent a back-breaking Stanford run. Outside of Duke’s four-goal scoring barrage to cap off the final period, the two sides struggled offensively in a largely back-and forth-game. Although the Blue Devils never trailed, the Cardinal knotted the contest up four separate times, and the squads combined for only seven goals in the first half. See W. LACROSSE on Page 9

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No. 1 Denver uses 6-1 spurt to finish off Duke Phil Coons The Chronicle With a young Blue Devil squad traveling to take on the top-ranked team in the nation on the road, no one knew what to expect from Duke Saturday. The Blue Devils flashed their potential by going toe-to-toe with No. 1 Denver for 51 minutes, tying the game at eight early in the fourth quarter when Mitch Russell found senior attack Jack Bruckner. But the Pioneers then showed the gap between a youthful team finding its way and a veteran group that is already prepared to contend. Denver closed the game on a 6-1 run to deal the No. 15 Blue Devils a 14-9 setback at Peter Barton Stadium in DUKE 9 Denver. The Pioneers 14 got three goals in 1:21 DEN to quickly make it 11-8 after Bruckner’s tying score, and kept their foot on the gas medal to squash Duke’s late comeback effort. Bruckner led the scoring for the Blue Devils with two goals and an assist. Junior Justin Guterding and sophomore John Prendergast each tallied two goals as well. AllAmerican attack Connor Cannizzaro led the way for Denver with four goals and two assists and Pioneer star Trevor Baptiste dominated the faceoff X, going 17-of-25 and keeping the ball away from the Blue Devil offense in the fourth quarter.

Jack White | The Chronicle John Prendergast gave the Blue Devils a lift Saturday with a pair of goals before Duke gave up a 6-1 fourth-quarter run that sealed its fate.

Duke (2-2) kept it close for three quarters, matching the home team’s physicality and athleticism with its own impressive playmaking. In the opening minutes of the last period, Denver (2-0) made it 8-7 off a Danny Logan goal set up by Austin French. Although Brucker responded when Russell found him on the crease, the Blue Devil defense got worn down to seal the road team’s fate. Pioneer midfielder Colton Jackson buried a shot into the back of the net to kick-

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start Denver’s quick three-goal run, and although Guterding momentarily stopped the bleeding with 3:12 remaining, Blue Devil goalkeeper Danny Fowler allowed three more tallies in the final minutes. Baptiste kept the ball away from the Blue Devils with his skill at the faceoff X and Duke had no answer for the Pioneers as they proceeded to pull away. Although he is only a junior, the Denville, N.J., native is a big reason why Denver has been near the top of the rankings for the better part of his career in Colorado. In 16

games started last season, Baptiste had at least 10 faceoff wins in all of them. Fowler was under siege at the end of the game, but the senior was a major reason the Blue Devils had a chance to win entering the fourth quarter. As Duke was held scoreless on just five shots in the opening period, Fowler came up with four of his 11 saves and got help from a young Blue Devil defensive unit to keep the deficit at 2-0. Duke then gained its first lead of the game late in the first half when Guterding, Prendergast and freshman Kevin Quigley ripped off three in a row for the visitors after Bruckner and Cannizzaro exchanged goals to start the quarter. Trailing for the first time, Denver stayed calm, responding with a quick pair of scores from Nick Philips and Cannizzaro to take a 5-4 lead into the second half. The Pioneers made that advantage 7-5 early in the second half, but the Blue Devil defense stiffened again and Duke pulled within one late in the third period off of a dip-and-dunk goal from sophomore Brad Smith to set up the thrilling final quarter of action. Although the Blue Devils could not complete the upset, they have plenty of positives to carry forward, including the pair of goals from Prendergast and an early fourth-quarter tally from Sean Lowrie that was set up by Villanova transfer Sean Cerrone to make it 7-7. Duke will look to play a more complete 60 minutes when it hosts Saint Joseph’s Saturday at 1 p.m.

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half. Duke and Wake Forest exchanged leads 14 times and were tied on seven occasions during the first 20 minutes. Despite the Blue Devils’ 7-of-14 shooting from beyond the arc, Collins kept the visitors well within reach, racking up 16 points and six rebounds before the break. A quick 9-0 spurt in the early minutes of the second half sparked by freshman Frank Jackson as well as strong defense for Jefferson enabled Duke to open up its biggest cushion of the game. And when the visitors pulled within reach, it was the Blue Devils’ long-range prowess that allowed Duke to hold off the Demon Deacons down the stretch. “We’re a good offensive team,” Kennard said. “We share the ball, we shoot the right shots—we shoot our shots—and it’s good when we do that, when we’re able to play for each other and really play great basketball.” Tatum, Kennard and Grayson Allen each finished the game with a trio of triples as the Blue Devils racked up 19 assists. Allen, struggling through the same turf-toe injury that plagued him earlier in the season, played just 12 secondhalf minutes, but chipped in six more helpers— the junior has 22 in the last five games. After winning three of the last four at home, Duke will take to the road again Wednesday night as it travels to Syracuse for a battle with the Orange at the Carrier Dome, looking to make it eight straight victories. “We finally have had everybody together, on one page, fairly healthy—at least they can practice and they’re getting to know one another,” Krzyzewski said. “At the end of ball games, we’ve been really tough. We’ve made winning stops, winning free throws, winning shots, and it hasn’t been one guy, really in all of the games.”

then you’re in trouble.” Led by Greenwell, Duke started the game hot against the Hurricanes, leaning on its defense to put Miami and its potent backcourt on its heels. The Blue Devils forced the Hurricanes out of the post and to settle for quick isolation jump shots, stunting their perimeter offense en route to an early 18-10 lead. But with quick switches and a fullcourt press, Miami quickly sapped Duke’s momentum, turning 12 first-half turnovers into 12 points, most of which fueled a 14-0 run that put the Hurricanes on top 24-18. The Blue Devils closed the period strong, though, shutting down Motley toward the end of the half and getting the late old-fashioned three-point play from Greenwell to take a 32-31 halftime lead that they preserved. Senior forward Kendall Cooper also had a nice game for Duke, finishing with 12 points on 5-of-9 shooting in her final regular-season home game. After their seventh straight win and sixth top-20 victory of the season, the Blue Devils will look to continue their momentum after a week-long break in their final regular season game at North Carolina next Sunday. “We’re going to take some rest,” McCallie said. “We’re going to practice hard, but when we practice, we won’t practice as much…. Everything’s shorter at this point. This team is quick to own up, quick to move on and quick to correct. It’s nice. Spring is coming, the weather is better and this team is chugging along, just trying to get better.”

team comfort winning tight games, even if it has taken longer for them to jell than many expected. “We’re continuing to get better and that’s our mentality every single day,” Kennard said. “We’re starting to get healthy, we have everybody back and it’s time to take this to the next level.” After Bolden provided effective minutes in the first half, freshman guard Frank Jackson replaced Allen for several minutes after the junior aggravated his toe injury, sparking the Blue Devils to a Jeremey Chen | The Chronicle 14-3 run that gave them a lead they would The Blue Devils’ midfielders stepped up with not relinquish. Jackson, whose 12 points Stanford focusing on stopping Duke’s attacks were the most he has scored since Jan. 7, with a zone defense. combined with Bolden and Giles to shoot from page 7 7-of-10 from the field. With the one-and-done Blue Devils from the 2015 national championship team— After Duke took a 3-2 lead on freshman Jahlil Okafor, Justise Winslow and Tyus midfielder Catherine Corderey’s first of two Jones—in attendance Saturday afternoon, tallies, the Blue Devils went on an 18-minute the development between Jackson’s class scoring drought—the streak was snapped on a and the one that cut the nets in Indianapolis Schwitter goal in which she came up from the lies in sharp contrast. defense to score right on the goal’s doorstep. But this team has been tested by injuries But Stanford could not take advantage of and disrupted continuity in more ways Duke’s inability to create on offense, as already than that 2015 team ever was, and Lockwood and company forced the Cardinal now Duke’s 2017 unit looks ready to reap attackers into disadvantageous double teams the benefits of those challenges. that led to defensive stops. “[Winning close games] helps us grow The Blue Devils will need more of the up,” Jefferson said. “With [Jahlil] being same defensive contributions combined with here, we had some similar things happen timely scoring in the following weeks, as they in 2015, where we were able to win games kick off conference play next Sunday against in a row and really grow from it and No. 8 Notre Dame at home. become a team. That’s what we’re doing “It’s definitely what we needed—going 4-0 right now. It’s really similar. When you before our ACC stretch—but we have a lot York Times Syndication Corporation draw thatThe lineNew in the sand, that’s what youSales to work on with a lot of turnovers, so we’re 620 that’s Eighth what Avenue, New York, N.Y. 10018 have to do, and we’re doing looking forward to getting back to practice,” For Information Call: 1-800-972-3550 right now as a For team.” For Release Release Saturday, Monday, February FebruaryCrutchfield 20, 18, 2017 2017 said.

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A regrettable case

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

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“

ast Wednesday, a superior court judge issued an injunction against Duke University allowing Ciaran McKenna, a men’s soccer player suspended six semesters for allegedly sexually assaulting a fellow student, to remain on campus as a student for the duration of his lawsuit against Duke and Dean of Student Conduct Stephen Bryan. This is the latest development in yet another case highlighting issues surrounding sexual assault on campus as well as the ethicality of private university student conduct policies. The sexual assault in question was allegedly committed in November of 2015. An initial hearing panel convened in July 2016 unanimously concluded that the alleged victim did not give affirmative consent, though it failed to come to unanimous agreement that the female student verbally denied consent. The panel handed McKenna a six-semester suspension, which he appealed on the grounds of misapplication of a “reasonable person standard.” He asked that the complaint be dismissed due to the alleged procedural failures and his advisor, a law professor, warned Duke that convening a second panel

onlinecomment “‘Miller proves that lying, fear-mongering and anger in the

name of American values may be tactful, but never just. The idea of coming through four years of Duke with a stone heart and a stone mind is baffling.’ Ah, and was that why no [other] students objected to the lacrosse railroading? Lying, fear-mongering, and anger in the name of American values was very tactful then (see the Gang of 88 letter), but no, it wasn’t just. Duke students exhibited hearts of stone.”

”

— “Algiers50,” responding to “Stephen Miller: a deviant Chronicle columnist,” published February 17, 2017

LETTERS POLICY

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CLAIRE BALLENTINE, Editor

against him would constitute double jeopardy and that the case ought to be put to rest. In spite of these arguments, a second hearing panel was convened five months later. This new panel handed down the same punishment and found that, in addition to not providing affirmative consent, the female student had verbally denied consent. Following the ruling, McKenna again appealed, claiming that Duke had unfairly called a second panel. When this second appeal was

Editorial rejected in late January, McKenna filed a lawsuit against Bryan and the University. Although not lawyers, we as a Board find several faults with the conduct of McKenna’s lawyers and the composition of their argument. First, it has been brought up that the alleged victim lied about being a virgin. Regardless of whether that is true, misrepresenting one’s sexual past—not an uncommon thing—is not grounds for the removal of all credibility. Moreover, ignoring credibility, the status of one’s virginity is not paramount to agreement to

sex. As stated clearly in Duke’s Title IX policy, step-bystep affirmative consent is always required. But despite our disappointment with salacious content of McKenna’s case, our real ire is directed toward the Student Conduct procedures, with which we have previously taken issue. McKenna’s lawsuit hinges primarily on the claim that the Office of Student Conduct, due to procedural errors and muddled and shifting policy, violated his contractual rights to due process. The veracity of that allegation will be decided by the superior court, and thus we take no position on the question of the case, but the fact that the University has left itself open to such a lawsuit through its own inability to both establish a clear, incontestable policy and follow it are a mark of shame. In its error, Duke has harmed both the accuser and the accused. We as students must fight the urge to give this case and others like it a superficial treatment. To pitch oneself into one camp or the other without considering the case in its complexity is to deny either of the students in question both due process in the court of public opinion. Both students have rights—rights that the University may have jeopardized through sloppy zeal.

The gatekeepers

uke is a funny place when it comes to transparency. One day, it’s an impenetrable bastion that keeps a wealth of information away from the hungry community; upon those hidden files and silent conversations, Duke functions, and all that the community can do is be thankful to have at least been an afterthought to those in charge. Today, the Duke community has been given a “rare look” into the quieted affairs of the university, as Duke’s dealings with the sexual misconduct case of Ciaran McKenna were made publically available and then thrust into public conversation through the efforts of Chronicle reporters. It is fair to say that the Duke community isn’t used to this kind of transparency, not to mention the student-journalists’ detailed reporting, carefully explaining the inner-workings of a powerful, governing institution. Some are having a hard time with the news. Others are embracing it. Nevertheless, the news has been made public, as Chronicle reporters Amrith Ramkumar and Neelesh Moorthy told the story buried beneath the front-page headline using McKenna’s legallyobtained case filing. But there are mixed feelings. Broadcasting the reports of McKenna’s detailed account of the early morning in question, some who feel close to the case—whether directly or in spirit—feel that their privacy has been breached, and that sensitivity of the matter should have warranted a less-detailed picture to have

accomplish. We often ask ourselves, “Is the publication of this story and its details—which we accept might trigger emotional reactions—necessary in the pursuit of the whole truth for the public’s understanding?” Should we open the gates? With the public’s concerns and individuals’ concerns and their own responsibilities going through their minds, Ramkumar and Moorthy went on with the information that they had obtained. They pieced together the various components of McKenna’s case filing into a comprehensible and powerful article, protecting the identity of the accuser but including the details they felt that the public had to know as part of a complete and responsible understanding of the news. They believed that the details of the alleged assault, as well as the details of the legal proceedings that followed, were significant enough to open the gates for publication, understanding and reaction. I, a journalist and a member of the Duke community, hope that that the transparency of this news story will improve the efforts of universities and their communities to prevent sexual assault and to better work through sexual misconduct cases. But this conclusion leaves those directly affected by the publicity of these details unsatisfied. Why must the quest for information come at their expense of their privacy, or even a common sensitivity? It’s an unfortunate set of circumstances, in which certain parties

Jackson Prince TRUMP AND I

AMRITH RAMKUMAR, Sports Editor ABBY XIE, News Editor NEELESH MOORTHY, Managing Editor ADAM BEYER, Digital Content Director HAN KANG, Photography Editor JACKSON PRINCE, Editorial Page Editor SURABHI BERIWAL, Editorial Board Chair ASA ROYAL, Editorial Board Chair

CHRISSY BECK, General Manager FRANCES BEROSET, University News Department Head

KENRICK CAI, Local & National News Head

LIKHITHA BUTCHIREDDYGARI, Local & National News Head

VIR PATEL, Health & Science News Head

JIM LIU, News Photography Editor

IAN JAFFE, Sports Photography Editor

DILLON FERNANDO, Recess Editor

CHRISTY KUESEL, Recess Managing Editor

AUSTIN PEER, Recess Photography Editor SAM TURKEN Sports Managing Editor CAROLYN SUN, Graphic Design Editor RACHEL CHASON, Towerview Editor RACHEL CHASON, Recruitment Chair

SAMEER PANDHARE, Sports Managing Editor ADDISON MERRYMAN, Editorial Page Managing Editor GAUTAM HATHI, Towerview Editor CAROLYN CHANG, Towerview Photography Editor AMRITH RAMKUMAR, Recruitment Chair

SARAH KERMAN, Senior News Reporter

HEATHER ZHOU, Senior News Reporter

SAMANTHA NEAL, Senior News Reporter

BRE BRADHAM, Senior News Reporter

JOYCE ER, Senior News Reporter

MEGAN HAVEN, Advertising Director

JULIE MOORE, Creative Director The Chronicle is published by the Duke Student Publishing Company, Inc., a non-profit corporation independent of Duke University. The opinions expressed in this newspaper are not necessarily those of Duke University, its students, faculty, staff, administration or trustees. Unsigned editorials represent the majority view of the editorial board. Columns, letters and cartoons represent the views of the authors. To reach the Editorial Office at 301 Flowers Building, call 684-2663 or fax 684-4696. To reach the Business Office at 1517 Hull Avenue call 684-3811. To reach the Advertising Office at 2022 Campus Drive call 684-3811. One copy per person; additional copies may be purchased for .25 at The Chronicle Business office at the address above. @ 2017 Duke Student Publishing Company

been painted for the public. Others feel that the reports provide the personal details necessary for more honest conversations regarding the case going forward, leading both the university and the community to more effective change. It is at this internal debate that we Duke journalists are challenged. Do we protect those close to the sensitive matter by withholding information from the public, or do we act in what we believe to be in the best interest of the community and present the facts in raw detail? To decide upon this problematic verdict, Duke and its community must understand the most important role of any journalist: the gatekeeper of news. In a world of information—for the most part digitalized and made accessible to the masses—it is critical that professionals of the media landscape sort through and judge what is and isn’t newsworthy, mainly because people don’t have the time or the expertise to do it themselves. Journalists decide what merits the public’s attention and energy—that is, what the public has to know—so that the public can take in and act on the news they receive in a well-informed world. In 2017, societal trends have called upon journalists to consider the sensitivity of some types of information, adding to the standard responsibilities of journalists to protect the innocent from unnecessary pain or disgrace, to avoid libel or fiction and to always act in the public interest. Journalists are faced with the moral question to publish or withhold news each and every day. The difficulty lies in weighing the personal impact of a story against the greater good it might

don’t feel that their “public interest” was taken into consideration with the detailed publication of the case filing. This is where a healthy dose of “trust in journalism” might help us all. About one in five Americans fully trust the information they get from news organizations, according to a Pew Research Center poll. So it’s fair to assume that the majority of readers don’t fully trust the ethical practices of such news organizations either. In a world of click-bait and fake news, it’s too easy to villainize journalists, despite the centuries of devoted work they have done to rid of corruption, spread the success of humankind and tell the truth. The gatekeepers don’t work for themselves; they are employed by society and receive assignments based upon its needs. They work amongst and in accordance to the very people they write for. The gatekeepers accept all of the potential impacts of publication—with a conscience—and push forward, with the thoughtful hope that their work is newsworthy, that it is attached to a worthy cause and that it might one day make a worthy difference. To get past the initial shock and anger at the release of onceprivate information is not easy—especially in handling of a sensitive situation such as sexual assault, especially on a college campus in 2017. But if we, the Duke community, can try to trust we, the Duke journalists, as we all work to make Duke a more transparent and a more informed place, perhaps the McKenna case can become a shared experience for the greater good of Duke, and of one another. Jackson Prince is a Trinity sophomore and editorial page editor of The Chronicle. His column, “trump and i” runs on alternate Mondays.

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Disgraced former Duke donor no longer NSA to begin at UNC W

iting its flagrant disregard for widely accepted facts, conventions or ethics, disgraced former national security advisor General Michael Flynn announced Friday he’d accepted a job as a professor of the practice at the University of North Carolina at Chapel Hill. When asked what he would be the professor of the practice of, Flynn said, “I don’t know? Does it really matter? I’m just trying to be available for when Vladdy P— I mean my daughter—tries to reach me via Chat Roulette.” UNC System President, former Secretary of Education under President Bush and “totally legitimate educator” Margaret Spellings, supplemented General Flynn’s comments, adding that the system was “incredibly excited” to have them join the “new and improved” and “totally permissible” African and

in the gym, learning from coach on the court, or in my sunroom reading upon my true passion—20th-century feminist literature.” The UNC administration, led by Chancellor Carol Folt, are hopeful that bringing General Michael Flynn will help legitimize their efforts to rebrand and put the academic fraud violations behind them. According to reports, Flynn is feeling “over the moon.” “I’m really excited about the potential I have here to shape the next generation of moderately intelligent Americans,” Flynn told Monday Monday in between his 3 p.m. and 3:05 p.m. calls with the Kremlin in the basement of the Franklin Street staple He’s Not Here. “I mean, ideally I could’ve taught at a place like the Naval Academy or the Citadel. I even would’ve settled for a place like the Wake Technical Community College.

ith interest, I recently read about the upcoming transition in leadership from President Richard Brodhead to Dr. Vincent Price this July. I wish President Brodhead well, but some criticism is warranted on matters pertaining to leadership for both him and the university. No one should ever forget the vacuum of leadership in 2006 when three Duke lacrosse players were wrongfully accused of rape. The administration’s rush to judgement and lack of support for due process will forever go down as one of the great college leadership blunders of my generation. While some fail to capitalize on leadership opportunities in acute settings, others fail on chronic matters. And some, like Duke, do both. It is for the chronic matter of rising tuition costs in the midst of a student debt crisis that I write this letter, and it is why I stopped giving to Duke this year. When I began my studies at Duke in 1997 the sticker price for tuition was a lofty $21,000. Today, some 19 years later, that figure stands at $51,510. For the half of Duke families who are lucky enough to pay this full cost, this represents a 4.8 percent compounded annual growth rate

Monday Monday

Andrew J. Tompkins

NOT NOT TRUE

GUEST COLUMN

Afro-American Studies department. That department came under fire and has been heavily scrutinized under investigation by the National Collegiate Athletic Association (NCAA) for accusations of malfeasance by professors who reportedly held fake classes for nearly 20 years. Many of these so called “paper classes” required just one paper be turned in at the end of the semester without ever meeting. These totally intellectually stimulating classes were overwhelmingly filled with athletes, including many football and basketball players, many of whom relied on the passing grades they received to stay NCAA eligible. In December, the NCAA handed down the third amendment of sanctions against North Carolina’s flagship university, saying it was complicit in academic fraud and providing benefits to athletes. UNC, which is familiar with losing, has been working tirelessly since to rebuff its image, in the hopes of retaining the academic accreditation they are currently poised to be taken from them. “Losing our accreditation as a legitimate academic institution would be bad enough,” one anonymous UNC student told Monday Monday on the Robertson Express bus to hell. “But now they’re threatening to take away some of Roy’s national championships? I mean, come on, with all these losses to Duke, can’t we catch a break?” When asked if he felt like the NCAA sanctions on his school were fair, star forward Kennedy Meeks told Monday Monday, “No, I don’t think they’re fair at all. They keep handing us down these violations based on the idea that a degree from UNC is a ‘useful thing.’ I was only enrolled in paper classes as a freshman, but on the whole, pretty much all my classes—even the ones where I actually go—are a complete waste of time. I learn a lot more from the time I spend

But none of them really wanted me, so I settled on UNC-Chapel Hill. At least Chapel Hill has a Trader Joe’s.” When asked what courses he would be teaching, General Flynn, who has a long history of explicitly racist tendencies, told Monday Monday they would be a “wide range” of topics in his areas of expertise. Amongst them is AAAD 491 “Theorizing Race,” which according to Flynn “isn’t real—unless you’re Muslim.” Another course in development for Flynn is listed under AAAD 666 as “American Exceptionalism,” for which he plans on recounting the entire history of what he considers “America’s greatests period— from independence to 1865.” General Flynn has reportedly already begun house hunting in the quaint town of Chapel Hill. He is reported to have told his realtor he’s looking for something “St. Basil’s Cathedral-esque” with “Byzantine influences” to make him feel at home, despite not being in Moscow where he is most at ease. An anonymous UNC athlete who the school benefits an average of $2.2 million off of in revenue per year told Monday Monday he was “excited to see what’s to come with Professor Flynn.” “I mean, as long as he isn’t a spitter and doesn’t threaten my perfect 2.17 GPA, how bad can the guy be? We should give him a chance to grade our papers super easily and then never make us come to class.” When asked how they felt about their rival’s newest higher, the Duke faculty reported being “aghast.” “I’m in utter shock and disgust,” said one anonymous, tenured political science faculty member who totally makes his introductory classes purchase the $200 book he co-authored. “I can’t believe they would hire a Republican.” Monday Monday would like General Flynn to “cash me ousside, how bout dah.”

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and an inflation-adjusted 69 percent increase in cost. Do we honestly believe the annual value of a Duke education has risen by nearly 70 percent? What statistics can Duke provide to half of Duke families that answer this question? Have those students’ lifetime salaries increased by 69 percent in real terms? Is the utility of one year’s educational and campus experience really that superior to that which I achieved? They mustn’t know about my frequent trips to Han’s take-out, which I thoroughly enjoyed. An analysis of average post-aid tuition gleaned from Duke’s financial statements doesn’t fare much better. These show a 27 percent realgrowth rate over the same period. We can’t peek under the hood and see the net tuition and debt burden for all income classes, but we can look to national trends and say that, sticker price or not, these numbers are bad optics. While colleges like Rosemont and Utica take a leadership role and slash annual tuition by 43 percent, Duke increases theirs by 4.8 percent annually. Pew Research recently showed that the group whose borrowing rates have increased the most for college were the high income group, now standing at 50 percent. This rate compares to 62 to 77 percent in other income brackets and is now equivalent in dollar amount terms. These data indicate that while traditional college tuition gouging belongs in every economics text under first degree price discrimination, its days may hopefully be numbered. Price eventually matters to everyone when the value doesn’t follow. The question here is whether Duke’s cost equals its value. In some instances it may. But I question both the cost growth as well as the lack of discrimination among different degrees. Sorry to pick on a particular field, but do we honestly believe that a major in Romance Studies and a certificate in Marxism and Society holds the same value as a major in Computer Engineering? Duke may pat itself on the back for giving financial aid to a middle-income or low-income student, but if that student majors in something that society doesn’t place a high value on all you’ve done is contribute to the debt problem. Incorporating more risk into the college payment model may help, whereby students pay a percentage of their income back to the school in exchange for loans from the school. Debating these ideas in depth is beyond the scope of this letter, but the point is that not all degrees have the same value although they may have the same price. Duke should take a leadership role in addressing this systemic problem.

Duke’s poor leadership on the tuition front has contributed to social and political unrest. We nearly had a president who wanted to make state colleges “free” because of the clamoring of the masses—mostly comprised of those who couldn’t afford the sticker price and took out loans, despite receiving financial aid. Should that “free” college plan have come to pass, the marginal value of a degree from Duke for those masses would undoubtedly drop. Duke would be wise to look a few pages back from the price discrimination page in that economics text to see the effect relative price has on demand when holding all else stable. They would also be wise to take a 30-thousand-foot-view of new educational and business models, particularly as it relates to life-long learning and online education. These threaten to disrupt a traditional, high-cost, brickand-mortar institution like Duke. But Duke can’t be completely blamed for their actions. After all, the US News and World Report rankings encourage them. Much of what underpins these rankings are not under the direct control of Duke, but some important ones are, and they are incentivized to address them. It’s hard for Duke to differentiate

itself based on acceptance rate or SAT standards, and some of this depends on factors not under direct control such as the number of applicants. But something given equal weight to SAT scores is faculty salary, something that (surprise) has increased by roughly 4 percent yearly over the last 20 years. In fact, salary is viewed as being seven times more important than faculty-tostudent ratio. Please. How much a school spends per student is also more important than any student-specific factor. This encourages more spending, but not better value. You may think that Duke being in the top 10 for US News and World Report’s “Best Value” list clearly means I’ve prejudged inappropriately. But here again, the (blue) devil is in the details. First, US News only includes those universities at the top of their overall rankings, which, as we’ve seen, is skewed towards those who spend (and charge) more. Following this, they use a modified tuition amount that is net of “the average need based scholarship,” which according to US News and World Report is $44,725. This not only encourages price discriminating behavior, but it encourages steeper drop-offs with higher aid packages. Great for those not as well off. Bad if you can marginally afford it. This new net tuition is factored into all three value variables, as is the overall ranking score that is skewed towards higher spending schools. What a sham. So I stopped giving this year because I just couldn’t take it anymore. I can no longer tolerate the deeply misguided metrics behind these rankings, the incentives they create, the inflated tuition costs that serve to send our youth back to their parents’ basements to live, the price discrimination for the same product based on income but the lack of pricing based on value, the poor leadership displayed by Duke to address these problems, and on the back of all this the phone calls and letters asking me for more money so Duke can perpetuate this cycle of self-aggrandizement— only so that I may suffer the same price discrimination with my own children. Enough is enough. The ironic thing is that I would gladly give much more money if they showed any leadership in reducing costs. A little fiscal humility may go a long way. I hope President Price, with his background in online learning, can transform Duke into a national leader on these fronts. Until then, my money will be waiting. Andrew J. Tompkins (M.D., graduated from Duke in 2001.

MBA)

SEXUAL ASSAULT from page 4 consciously changed by the time McKenna actually matriculated in August 2015. The prior policy allowing a new panel could not be applied to him, Beskind argued, and the newer policy—which does not explicitly provide for a second panel—should have been used. McKenna’s lawyers argue that Duke violated double jeopardy, which they contend is a basic principle of fairness. Specifically, McKenna points to the conclusion of the original July 2016 hearing panel. Although that panel found that the alleged victim had not consented, it was unable to conclude whether the victim had actually said “no” as she claimed she had. His lawyers state that the first panel acquitted him on that second ground, and that the second panel violated double jeopardy by reconsidering “the issue in which the plaintiff previously prevailed.” Finally, they argue McKenna would suffer irreparable injury if he were suspended, because he would be unable to make progress in his academic and professional soccer career. Duke’s response The University, through attorney Paul Sun, filed a legal brief countering the motion for a preliminary injunction. First, the brief argues that McKenna would not suffer any irreparable injury, because he would have been permitted to reapply to Duke after the six-semester suspension was carried out. The University also argued that speculative losses to a soccer career could not sustain an injunction. Attempting to rebut McKenna’s argument that the second panel was invalid, the University pointed to the language in the 2015-16 policy giving the appellate panel

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power to “resolve the case.” The University argued that “resolve the case” gave the appellate board the discretion it needed to send it back to the Office of Student Conduct to correct the procedural error, and that the Office is then permitted to decide whether or not a panel is necessary, again based on language in the policy. Thus, Duke argues the Office of Student Conduct was fully entitled to create a second hearing panel. The University also contends that the principle of double jeopardy would not apply to Duke as a private university, as the term is primarily reserved for the government’s criminal proceedings. But even if it were applicable, Duke nonetheless says McKenna’s double jeopardy argument fails. According to Duke, even though the initial panel could not conclude the victim said “no,” it had nonetheless still found him responsible for sexual assault because it concluded she had not consented. This is in contrast to McKenna’s argument, which states he was partially acquitted by the first panel because it could not conclude she had said “no.” Double jeopardy normally prohibits retrying someone after being acquitted, but Duke argues McKenna was never acquitted at all in the first place, and that McKenna was trying to “manufacture an acquittal” that did not exist by improperly “attempting to redefine his disciplinary case.” Therefore, in Duke’s view of the case, there was no double jeopardy violation. The University also cited legal precedent to reach its conclusion. Citing a 1981 Supreme Court decision, the University argues “there is no double jeopardy bar to retrying a defendant who has succeeded in overturning his conviction, unless the basis of the appellate court’s reversal is that the evidence was insufficient to convict.” This, per Duke’s argument, corresponds to

the appellate board remanding the case due to procedural error, which would be similar to vacating the conviction if this were a criminal proceeding. Because the appellate board remanded the case due to procedural error alone, case law would indicate that a second hearing was permissible, the brief concludes. A second panel was especially appropriate, a supplemental brief contends, when it would have been impossible to reconvene the initial panel, which was due to Jerrica Washington’s departure from the University. Hudson grants the injunction During a five-day period, Hudson heard from witnesses about the case. Coleman’s testimony focused on the double jeopardy claim and also attempted to cast doubt on the alleged victim’s credibility by questioning her claim that she was a virgin. Bryan testified that he had no vendetta against McKenna, as he felt McKenna’s attorneys were trying to insinuate. He also insisted that the sexual misconduct guidelines were not meant to lay out every course of action, but rather general principles. Dean of Students Sue Wasiolek also testified, as did Tim Bounds, who chaired the appellate board. Wasiolek said that issuing an injunction would “take the teeth” out of the University’s disciplinary process. But Hudson eventually sided with McKenna’s legal team and granted the injunction, allowing him to return to school while the lawsuit continues. Hudson deemed Duke’s procedures “fundamentally unfair.” After the decision, Beskind said she was looking forward to presenting their case before a jury. A team spokesperson has since confirmed that McKenna is currently enrolled at the University and is still a member of the men’s soccer program. Gautam Hathi, Claire Ballentine and Adam Beyer contributed reporting.

TRAVEL BAN from page 2 current authoritarian government. Trump and his national security team have also upped scrutiny on Iran. Before resigning last week, former national security advisor Michael Flynn put Iran “on notice” after it conducted ballistic missile tests. Although Kadivar said he was against the Iranian regime, he thought Trump’s hardline approach to the country was incorrect. The strength of U.S. civil society, the backlash of protestors against the travel ban and his religion have given him hope, he noted. “This is the resistance of the independent judicial power against something that is illegal, unconstitutional and also I think against American values,” Kadivar said. Morgan noted he has heard that another faculty member from one of the affected countries has been able to return successfully. More broadly, he suggested that there may be a “chilling effect” on international students making the decision to study in the United States. Both Kadivar and Morgan praised how Duke administrators handled the situation. “I was very pleased with the immediate response of the administration,” Morgan said. “At every juncture they were 100 percent behind us.”

FLU from page 2 establish that influenza A has been adequately controlled in the Triangle. “It is really for visitor’s best interests, and of course, we always want to protect our patients,” Nazir said. Duke has yet to release any information regarding a conclusion date for the visitation restrictions.

Right Wing Extremism in America A CONVERSATION WITH RICHARD COHEN PRESIDENT, SOUTHERN POVERTY LAW CENTER

Feb. 21, 2017, 6:30 p.m. Sanford 04 | Free and open to the public Parking in the Sanford School of Public Policy lot

Triangle Center on Terrorism and Homeland Security at Duke University