Kentucky Kernel: August 26, 2021

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Thursday, August 26, 2021 est. 1892 | Independent since 1971

REDACTED:

A STORY SIX YEARS IN THE MAKING SEE PAGE 8 FOR DETAILS

Thursday, August 26, 2021

news

Gov. Beshear announces record COVID-19 cases

By Emily Girard and Rayleigh Deaton news@kykernel.com

Kentucky Gov. Andy Beshear held a news conference Monday in which he announced record numbers of COVID-19 cases and hospitalizations.

Beshear said that, despite over 31,000 vaccines being distributed over the weekend, Kentucky is seeing the highest numbers of COVID-19 cases and hospitalizations since the start of the pandemic.

He announced that 119 of Kentucky’s 120 counties are labeled red, meaning a positivity rate of more than 25 cases per 100,000 people.

On Wednesday, the Lexington-Fayette County Health Department reported 273 new COVID cases from Tuesday, bringing the total case count to 40,701 in Lexington.

These numbers come on the heels of Transylvania University’s Wednesday announcement that COVID vaccines will

be mandatory for all students, faculty and staff.

“COVID is burning through our population here in Kentucky,” Beshear said Monday. “The Delta variant spreads faster than anything we have ever seen before.”

Beshear offered recommendations to local authorities as to how to get their counties out of the red zone. These include encouraging masking in public indoor and crowded outdoor settings, increasing vaccination efforts and considering postponing large events.

Beshear also said record numbers of hospitalizations have caused hospitals to run out of space and experience staff shortages. To emphasize this point, he featured statements and interviews from medical professionals across Kentucky. One of these was Dr. William Melahn of St. Claire HealthCare in Morehead, which is experiencing a critical nursing staff shortage.

“We currently have more critical pa-

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Email editor@kykernel.com to get started!

2 | kentucky kernel

tients than beds…Over half of our inpatient care is dedicated to COVID,” Melahn said. “If we had another disaster happen now…we don’t have another reserve left.”

Melahn estimated that 85 percent of St. Claire’s COVID-19 patients are unvaccinated, with unvaccinated patients experiencing more serious illness than vaccinated patients.

“These are victims of non-vaccination; there’s no doubt about that,” he said.

“There’s two reasons to be vaccinated…

One is to protect you; the other is to protect the people around you.”

To combat healthcare staff shortages, Beshear announced that the Kentucky National Guard will be deployed to hospitals.

Beginning September 1, the Guard, who has previously helped staff food pantries and vaccine clinics during the pandemic, will be deployed to assist the hardest-hit hospitals, including St. Claire, Med Center Bowling Green and Pikeville Regional

Hospital.

“Our National Guard has answered the call…A whole lot of what we’re going to be able to do is additional hospital support,” Beshear said. “We know healthcare workers are tired, overworked and under great stress…In other surges, we’ve always made sure that our healthcare services have not been overrun.”

Kentucky has also submitted a resources request to the Federal Emergency Management Agency requesting more registered nurses to be sent to struggling hospitals.

To further support healthcare workers, Beshear named this week Healthcare Heroes Week and encouraged Kentuckians to support healthcare workers.

“They see the devastation that we don’t…Spend part of this week thanking those around you,” he said. “Small things go a long way.”

Thursday, August 26, 2021

Letter from the editor:

The Kernel is committed to the truth

By Rayleigh Deaton editor@kykernel.com

I never thought I’d be here.

As I type out these words on my laptop, sitting at my desk in the Kentucky Kernel office in McVey Hall, I’m amazed and humbled at the opportunity that I have been given.

I get to be the next in a dynasty of extraordinary individuals who have edited this paper for over 100 years.

I first heard about the Kernel in Professor Jennifer Smith’s Journalism 101 class during my freshman year. She told the class that she had been editor-in-chief during her time at UK, and I remember first thinking, “Wow, being editor of the Kernel would be incredible!” followed quickly by, “I could never do that, that’s crazy. Stick to more realistic dreams, like not getting lost while walking across campus.”

I am proud to say that both of those dreams, realistic or not, have come true for me. Rayleigh Deaton now not only runs the Kernel newsroom, but she can also give directions for how to get there.

Being editor-in-chief of the Kentucky Kernel in any year is exciting and just a

bit intimidating, much less being editor-in-chief of the Kentucky Kernel in 2021.

Last year, the staff met exclusively online due to a small little worldwide pandemic, but the Kernel still produced articles, photos and content through it all — a testament to the people on that staff and their dedication to the paper.

I have the chance to lead a staff of exceptionally talented individuals who love print as much as I do as we work together to produce quality journalism, inform the public and speak the truth. It is an honor I do not take lightly, and I hope that my tenure as editor preserves the Kernel’s legacy for the future.

We are entering a semester full of uncertainty and unanswered questions, but I can offer one point of security: in the midst of pandemics, societal changes and lawsuits, the Kentucky Kernel will continue writing the truth for the Lexington community.

It is my honor and privilege to lead the Kernel this year, and I want to thank my staff for their support, hard work and commitment. Together, I know we can do great things, and I’m so thankful to be along for the ride.

kentuckykernel

CONTACT Editor-in-chief:

Rayleigh Deaton

editor@kykernel.com Managing editor:

Jack Weaver

editor@kykernel.com

News editor:

Emily Girard

news@kykernel.com Asst. news editor:

Sarah Michels

Sports editor:

Hunter Shelton

sports@kykernel.com

Asst. sports editor: Opinions editor:

Barkley Truax Gillian Stawiszynski

opinions@kykernel.com

Asst. opinions editor: Photo editor: Art director: Designers:

Brooklyn Kelley Jack Weaver Michael Clubb Ryder Noah From Victoria Smith Sarah Caputi

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Newsletter coordinator: Kaci McCarthy

KENTUCKY KERNEL OFFICES 340 McVey Hall University of Kentucky Lexington, KY 40506

On the cover:

Pages from the Harwood file detailing the Kernel Press v. University of Kentucky lawsuit. Some information has been redacted by UK.

MICHAEL CLUBB | STAFF Kentucky Kernel editor-in-chief Rayleigh Deaton poses for a portrait on Wednesday, Aug. 25, 2021, in Lexington, Kentucky.

I am committed to the Kentucky Kernel, to my staff and to the Lexington community. No matter what the future holds, the

Kernel will be there, bringing the truth.

fall 2021 | 3

Thursday, August 26, 2021

news

Updates underway at UK’s Coldstream Research Campus

By Emily Girard news@kykernel.com

The University of Kentucky’s Coldstream Research Campus has undergone major developments in recent years.

The campus currently occupies 735 acres and provides office and laboratory space to over 50 organizations, ranging from small startups to larger companies like A&W and Tempur Sealy.

“We’re the first stop for people that are looking for space, so [for] both larger companies and smaller companies that are looking to locate here, typically our office is the first stop,” said George Ward, executive director of the Coldstream Research Campus.

Ward described the campus as being located in “Lexington’s high-tech, higher-education corridor” due to its proximity to UK, Transylvania University, downtown Lexington and the Bluegrass Community & Technical College.

“This corridor is very important to the development of our city, and it creates and attracts the kind of well-paying jobs that all cities are looking for,” Ward said.

Originally a horse farm, Coldstream was bought by UK in 1958 and was officially named an office industry and research park in 1992. Since then, it has seen 1.7 million square feet of new developments, including a mental health hospital, an expansion to its veterinary diagnostic lab and new headquarters for Tempur Sealy.

More developments are in the works, Ward said. In February, UK broke ground on a new facility designed to serve as office and laboratory space for early-stage companies. This facility, called the Core, is scheduled to open in 2022.

“High-tech workers, when they bump into each other, tend to talk about different ideas and come up with the potential for either new companies or new products,” Ward said. “It’s also a way where a smaller company could work with a larger compa-

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MICHAEL CLUBB | STAFF Construction of the new Coldstream Research Campus on Sunday, Feb. 28, 2021, at the Coldstream Research Campus in Lexington, Kentucky.

ny if they have a similar product development line. The synergy between companies is really strong.”

In May, UK began building a residential facility on the Coldstream campus. UK is working with Cityscape Residential, an Indiana-based housing development company, to build this 260-unit complex designed for Coldstream workers.

Ward said that this complex, named FIFTEEN51, will attract recent college

graduates to the campus and strengthen Lexington’s workforce. FIFTEEN51 is also scheduled to be completed in 2022.

“The goal of research campuses around the country is to have a live, work, play and innovate environment,” Ward said.

“Having FIFTEEN51 will give us that environment.”

Lexington Chief Development Officer Kevin Atkins said UK and outside agencies have facilitated the creation of new

jobs in Lexington and has helped manage Coldstream’s development.

“City government is heavily reliant on payroll taxes, so when we’ve got more people working, then that gives us more of an opportunity to look at other ways to invest in the community,” Atkins said.

In 2018, the Coldstream campus was named a mixed-use tax increment financing district in order to help with further See COLDSTREAM on page 5

Thursday, August 26, 2021

news

COLDSTREAM CONTINUED FROM PAGE 4

buildouts.

“That provides … state resources to go along with the university resources to help build out further infrastructure that they need,” Atkins said. “It was around 10 or 11 million dollars that they [got] from that.”

The campus’s zoning definition was changed in 2018, allowing for larger buildings that can be closer to roads and pedestrian pathways. This further connects the campus to Lexington and creates a more welcoming environment, Atkins said.

He said that building out that many acres in a deliberative, thoughtful method takes a while, but that’s what they’re in the process of doing.

“They’ve done something that complements the university and … complements the community,” Atkins said.

Ward said that if someone is traveling

to Lexington from either the north or the west, this is the first spot of Lexington that they would see.

“Coldstream is defining the aesthetic and economic development environment for Lexington going forward,” he said.

Marisa Aull, director of the Kentucky Nutrition Education Program, is one of the people who has benefited from this community. The Nutrition Education Program, part of UK’s College of Agriculture, works with low-income individuals to develop healthy eating habits and financial management skills. The program services people throughout Kentucky and moved the state office to Coldstream due to a need for more space.

“This is sort of the hub, and then it trickles out to the state from our state office here at Coldstream. It’s been a great space for us,” Aull said.

Aull also said she appreciates the campus’s proximity to lodging and transportation, especially when program assistants

come to Lexington for training sessions.

Her program was also able to work with others headquartered at Coldstream to facilitate developments such as recipe testing.

“It’s a mix of university departments, and there’s also private businesses as well,” she said. “We’ve been able to … work with other non-UK departments and UK departments in creating a community.”

Amy Graves, co-owner and founder of veterinary lab company Equine Diagnostic Solutions (EDS), also appreciates the connections that come with being headquartered at Coldstream. Originally started in a lab at UK’s Gluck Equine Research Center, EDS was one of the many companies that got their start in UK’s ASTeCC building before moving to Coldstream.

Coldstream, Graves said, was intended to be a space for startup companies out of the university to be able to move into, and they were able design their own laboratory.

Graves also mentioned the affordabili-

ty of laboratory space at Coldstream and the ease of maintaining connections with researchers at Gluck.

“An already outfitted lab space … can be quite expensive to set up with all the required safety features that a laboratory might need. It’s really nice to already have that in the building,” Graves said.

“It’s [also] really handy because the Maine Chance Farm is right down the road from us, and when our researchers are going back and forth between the university and the farm, we’re right in between.”

Though Graves still hopes for more development, she and others involved with Coldstream are optimistic about future developments such as daycare and more food options.

“It’s really nice that at least they’re trying to make laboratory space available,” Graves said.

everyday. every hour. kykernel.com Want to join the Kentucky Kernel? Email editor@kykernel.com to get started! fall 2021 | 5

Thursday, August 26, 2021

opinions

The case for optimism

By Luke Schlake opinions@kykernel.com

Remember last year? Everyone stayed healthy, school was a hell of a good time and “Gangnam Style” broke the internet.

Oh. Wait. That was 2012.

Remember last year? Last year sucked.

I assume (with little supporting evidence) that this year will prove to be better than last, but it’s a toss-up. The Delta variant could go haywire, classes may be thrown back onto Zoom, and President Capilouto may send us even more emails than he did last year.

I have no idea when the next pandemic will ravage the globe, when the next Capitol riot will happen or when the Willy T Starbucks will once again decide to remove 99 percent of its seating (my word, that was annoying). So, I’ll hold my judgement. But here’s what’s not uncertain: we will all experience some degree of pain and suffering in the next 365 days.

I promise this piece is about optimism. But to get there, we must think counterintuitively. The first step to optimism is giving a warm welcome to hell.

Someone once said, “Life is suffering.” That seems terribly dull to me (life is a whole lot of other things too), but the point is this: everyone, inevitably, suffers.

It’s a funny thing then that we seem so surprised when things go wrong.

“Oh my!” We say. “Where did this come from? Why am I suddenly experiencing pain and suffering? This wasn’t part of the contract!” The bad circumstances of life seem to always catch us by surprise.

Why then, are we not surprised when good things happen?

The core issue is that by default we expect things to go right. We subconsciously expect order and regularity and good things to generally happen. I expect my professors to show up to class, I expect my loved ones to survive the pandemic, and I expect that a good day today probably means a good day tomorrow. So when the bad things happen (and they will), we are left bitterly disappointed. It wasn’t part of our plan.

But what if, instead, we expected things to go wrong?

What if we expected pain? What if we expected suffering?

What if we expected to have lost and have loss, to have nothing? What if, consequently, order and regularity and good things were pleasant and astonishing surprises?

Instead of expecting things to go right, expect them to go terribly wrong. Start with nothing, and discover you’re the richest person on Earth. Start with: “Holy crap, I’m alive!” That’s so wild and exciting and crazy. And if you’re doing it right, it may take you a while to even get anywhere beyond that thought. Your own existence is

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STAFF FILE PHOTO Flowers outside Maxwell Place, the university president’s house, begin to bloom on Friday, April 10, 2020, at the University of Kentucky in Lexington, Kentucky.

such an overwhelming reality that it should stop you in your tracks. Plato claimed that the beginning of philosophy is wonder, and maybe the same is true for happiness: wonder and astonishment first at your own existence.

Practice being surprised at the good and start greeting the bad like an old friend. Be delightfully surprised you get to spend the holiday with your family. Be delightfully surprised your body is still functioning. Be delightfully surprised your computer works. Be delightfully surprised you haven’t lost your water bottle. Out of the 12 billion things that could have gone wrong, it’s almost a miracle that a few of those things didn’t.

Maybe this whole idea can be mocked as “naïve optimism.” I imagine there are a few naysayers perusing the paper today who would claim that we are not in fact in any reasonably “good” existence. Life, they’d say, is bad, terrible and of little worth. Pain and suffering are overwhelming, and anticipating them doesn’t ease the discomfort. To some extent, they are right. There is suffering so

profound in the world that even our best attempts at redemption pale in comparison.

To quote the musical Hamilton, “There are moments that the words don’t reach, there is suffering too terrible to name.”

But these naysayers (usually ourselves) fail to acknowledge their own presuppositions: the “naïve” expectations that things will go right, that COVID won’t happen, that people we love won’t die, and that Capilouto won’t send us page-long emails. Why shouldn’t we expect those things to happen? No one promised us rainbows and butterflies when we popped out of the womb. There seems no reasonable explanation for why good should be expected more than bad.

So, be delightfully surprised by the good and a little less surprised by the bad. It’ll work against your human nature but all for the better.

Yes, life sucks. But the irony is, when we begin to expect it to, we’re freed to be wildly optimistic.

Thursday, August 26, 2021

Game over:

opinions

UK can no longer hide behind their lawsuit

By Gillian Stawiszynski opinions@kykernel.com

You may or may not have heard of James Harwood, a former associate professor at the University of Kentucky who was allowed to resign in 2016 after he was accused of sexual harassment and sexual assault.

The reason you might not have heard of him is because for six years, UK fought and eventually lost a legal battle with the Kentucky Kernel over the investigation files dealing with Harwood.

Now, years later, here is what we know: -UK used the Family ­ Educational Rights and Privacy Act, a protection of students’ educational records, as a reason to withhold the files from the Kentucky Kernel.

-The Kernel did not want the victims’ names, and wanted the university to redact names and identifiers from the documents before turning them over.

However, UK still refused to hand over the documents, rendering its FERPA argument invalid.

-The Kernel obtained the documents after then Attorney General Andy Beshear said they should be public.

-UK President Eli Capilouto later said that by publishing an article about the investigation, the Ker-

MICHAEL CLUBB | STAFF The Kentucky State Capitol on Friday, Jan. 29, 2021, in Frankfort, Kentucky.

nel was releasing “Salacious details.” After this statement, he refused to give formal investigation documents.

-The Kernel took UK to the Court of Appeals for violating the Open Records Act. -The Supreme Court unanimously ruled in favor of the Kernel in Kernel Press v. University of Kentucky. The court decided that there may be redactions, but UK cannot exempt the entirety of the

documents from disclosure.

Within the redacted investigation documents, the Title IX Coordinator and investigator Martha L. Alexander wrote, “Complainants presented witness and documentary evidence that was sufficient to support a finding that the alleged behavior more likely than not occurred.”

The Kernel is unsure why Harwood was allowed to resign and keep his health benefits for four

months after his resignation date. Harwood was also given confidentiality and non-disparagement disclosures in his resignation agreement.

UK spokesperson Jay Blanton told the Kernel that to fire him, the university would have to revoke his tenure. That process would take up to two years, which Blanton described as “lengthy,” before UK proceeded to join a six year legal battle with the Kernel over the records.

Blanton said that tenure revocation is too long of a process for UK because it wanted to get the threat off of campus as soon as possible.

However, because of its provisions, Harwood’s resignation agreement protected him from disclosing the allegations to any future employers, including universities.

So why did UK allow Harwood to resign? Why did it keep the documents private for so long?

Money was not an issue for UK, as Blanton said the university spent $52,368.47 for its own outside counsel for the case, in addition to paying $30,000 of the Kernel’s legal fees.

The answer: UK wanted to protect the brand of being a safe environment for students to live and learn.

What good parent wants to send their child to a school with a sexual predator among its faculty? The university knows that a happy student becomes a happy alumnus, ready and willing to keep supporting their alma mater for years after walking across the stage at graduation.

UK tried to play the long game.

In reality, UK has only shown it’s willing to put the safety of its students at risk in order to maintain an appealing image.

But in the end, after six long years of fighting Kernel journalists, advisors and attorneys, UK has reached the same outcome it would have by following the law and turning investigation documents over to the Kernel.

Thanks for playing, UK. But when we lose sight of the truth, no one wins.

fall 2021 | 7

Thursday, August 26, 2021

news

A story six years in the making:

Documents following a years-long legal battle show that UK allowed James Harwood to resign rather than face disciplinary measures

By Sarah Michels news@kykernel.com

After an investigation found sufficient evidence to corroborate multiple sexual harassment allegations against former UK professor James Harwood, he was able to effectively retire from the university with tenure intact without being fired.

Harwood resigned from his position in the entomology department in August 2016, after an investigation by the Office of Institutional Equity and Equal Opportunity (IEEO). Records obtained by the Kentucky Kernel through a years-long open records legal battle with the university, which ended with a unanimous Kentucky Supreme Court victory for the Kernel, highlighted several instances of Harwood’s alleged sexual misconduct with students.

Despite the IEEO’s recommendation to terminate Harwood’s employment and revoke his tenure, the university chose to settle instead — “to resolve this matter without the need for further cost or expense,” according to records obtained by the Kernel.

Executive Director & Title IX Coordinator Martha Alexander led the investigation, which includes statements from multiple complainants about Harwood’s alleged misconduct. The investigation report mainly focused on two complainants.

The first complainant told Alexander that one night, Harwood took her and a group of students to a restaurant and bar, and then proceeded to get drunk and “gross and creepy.” Witnesses testified that Harwood arranged for the complainant to sit next to him at dinner, putting his arm around her despite her obvious discomfort.

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She added that she believed Harwood blacked out and, consequently, does not remember the incident. Even before this incident, Harwood frequently texted the first complainant late at night, according to the complainant.

After the incident, the complainant emailed Harwood to tell him that the alleged harassment was not OK. However, she said she feared retaliation, since previous reports filed about Harwood’s alleged behavior regarding alcohol and sexual harassment had not resulted in any consequences for Harwood, she told Alexander.

On the other hand, sometimes there was retaliation against harassment reporters, according to statements made by the complainant in the investigation report. The details of said retaliation were unspecified in the redacted report provided to the Kernel.

A second complainant told Alexander that Harwood approached her and her friends at a bar and touched her without consent. Further details regarding these allegations against Harwood and his specific behavior in violation of the university’s Policy on Sexual Assault, Stalking, and Relationship Violence have been redacted in the report provided to the Kernel.

Several other students who testified against Harwood in the IEEO investigation spoke to a severe lack of professionalism.

They cited an “inappropriately, sexually charged” lab environment, a tendency to pressure students to drink with him at bars and frequent intoxication at inappropriate times and locations as evidence.

Harwood told Alexander that the complainants were trying to discredit him with “absolutely preposterous” allegations of See LAWSUIT on page 10

Pages from the Harwood file detailing the Kernel Press v. University of Kentucky lawsuit.

Some information has been redacted by UK.

Thursday, August 26, 2021

news

Details of the James Harwood investigation and records battle

By Emily Girard news@kykernel.com

James Harwood, at the time an associate professor of entomology at UK, resigned from his position in February 2016 after being accused of sexual harassment. The terms of his resignation agreement stated that he would receive pay and benefits until that August with no direct contact with UK faculty, staff or students.

Background

In 2016, the Kernel made an open records request to UK for documents pertaining to the case, which UK denied. The Kernel appealed to the Kentucky Attorney General, who ruled that UK had no legal right to withhold records under the Kentucky Open Records Act. UK announced it would sue the Kernel in an attempt to appeal the decision, a statement which, despite the Kernel already receiving 122 pages of redacted records, they followed through on in September 2016.

The lawsuit prompted wide responses both at UK and across the state. Though UK’s Board of Trustees initially took no action in regard to the lawsuit, UK added a sexual misconduct history check to its hiring process.

At a later meeting in October 2016, the Board of Trustees mentioned that walk-ins to UK’s Violence Intervention and Prevention center have decreased since the investigation was reported on by the Kernel. That November,

a week after the Kernel reported that other Kentucky public universities had begun following UK’s lead in denying records, the UK Feminist Alliance and others protested UK’s handling of the case.

The case’s legal history

In January 2017, a Fayette County Circuit Court judge ruled in favor of UK, citing the Family Educational Rights and Privacy Act. The Kernel brought the decision to the appeals court.

Oral arguments were heard in the appeal in September 2018, and in May 2019, the court ruled in favor of the Kernel, ordering UK once more to comply with the Open Records Act and give the Kernel more documents.

UK asked the Kentucky Supreme Court to reveal the appellate court’s decision, a request that was granted in December 2019. However, the verdict did not come until March 28, 2021.

The Supreme Court decision

The court unanimously ruled in favor of the Kernel and ordered UK to turn over the documents by May 28, finding that “the University failed to comply with its obligations under the ORA [Open Records Act] and that the trial court clearly erred in finding the entire investigative file exempt from disclosure.”

“It’s very unusual to get an opinion of that length which includes language so critical of one of the party’s actions,” said Tom Miller, one of the Kernel’s attorneys.

MICHAEL CLUBB | STAFF Chief Justice John D. Minton Jr. listens to UK’s lawyer during oral arguments heard by the Kentucky Supreme Court in UK’s lawsuit against the Kernel on Friday, Oct. 23, 2020, at the Kentucky Supreme Court in Frankfort, Kentucky.

However, the Supreme Court’s opinion appeared to significantly restrict the ability to obtain details of any alleged sexual misconduct — even, in this case, whether the misconduct was sexual harassment or sexual assault, a distinction that carries different levels of repercussions.

The court argued that these details should not be revealed since it was conceivable that victims could somehow be identified by this information, Miller said.

UK’s refusal to follow the law came at a considerable price, Miller said.

The university paid $52,368.47 in outside counsel from 2016 to April 2021, UK spokesperson Jay Blanton said.

Miller said that the university’s total bill includes its payment of $30,000 of the Kernel’s legal fees and an estimated $100,000 to its own attorneys.

The documents

The Kernel received the documents on May 28, 2021, but after reviewing them, objected, stating they were overly redacted. It requested that UK reveal the details of Harwood’s de-

scribed misconduct, the locations where it took place and the “angry emails” Harwood allegedly sent to students involved with the investigation.

UK refused, saying this information could potentially identify the victims.

Rather than take UK back to court, the Kernel decided alongside its attorneys in August to not pursue any further litigation so as to not potentially reverse any progress made in the Kentucky Supreme Court win. If the Kernel had challenged the redactions and lost, the university may theoretically have been able to cite the court opinion as legal precedent to redact important investigation details in future open records requests.

Miller said his main concern was that the judge would disagree with the Kernel and “write an opinion that would somehow restrict the ability of the Kernel and the students to get information and documentation from UK going forward,” had the Kernel decided to challenge the redactions.

fall 2021 | 9

Thursday, August 26, 2021

news LAWSUIT

CONTINUED FROM PAGE 8

which he had no memory. He defended himself by telling Alexander that he can rarely go out without running into colleagues, and if he was acting inappropriately, they would have witnessed it.

He also highlighted positive experiences with his students and mentioned that the timing of the allegations suspiciously occurred at a critical point in the writing process of one of his student’s projects.

Harwood brought forward five witnesses who cast doubts on the first complainant’s character and told Alexander that they couldn’t imagine Harwood behaving inappropriately. Two of the witnesses had first-hand knowledge of the event under investigation, one of whom told Alexander that he was with Harwood all night and he was not intoxicated.

The IEEO investigation, however, found sufficient evidence to corroborate both complainants’ accusations.

There was also enough evidence to support a finding that Harwood violated the university’s discrimination, harassment and/or sexual misconduct policies, according to the final investigative report documents.

Under these policies — Administrative Regulation 6:1 and Administrative Regulation 6:2 — the scope of sexual harassment violations includes sexual misconduct that occurs within a university program or activity that creates a hostile environment or involves an employee “conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.”

The scope of sexual assault violations under these administrative regulations includes rape, fondling, incest and/or statutory rape on campus or at any other UK owned, leased, controlled or operated location, and during any UK-sanctioned function, such as internships, research and travel, regardless of location.

It is unclear, due to document redactions concerning the specific details of Harwood’s alleged behavior, whether his alleged actions included both sexual harassment and sexual assault or solely sexual harassment.

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According to the investigative report, Harwood “perpetuated a hostile environment for her and other students … by forcing his students to attend social functions, imbibe alcohol, and by making comments and physical contact that were inappropriate given their relationship.”

Once the investigation concluded, the IEEO submitted their recommendations of termination and tenure revocation. UK spokesperson Jay Blanton told the Kernel that the university did not pursue those recommendations because they would take too long, and the university wanted “to mitigate harm to the victim survivor” and “remove the threat as quickly as possible,” in accordance with federal laws concerning sexual harassment cases.

When charges are brought against professors, UK has a lengthy termination process by design with multiple opportunities for appeals and hearings. Blanton said this process would have taken one to two years.

“As a result, the quickest way to remove the threat from the campus was to seek a settlement, the result of which was the person in question leaving the university in a manner of weeks, rather than years,” Blanton told the Kernel. “It is not, by any stretch of the imagination, a perfect system. But those were the choices the institution had. As always, we sought to do what we believed would be in the best interests of the well-being and privacy of the victim survivors.”

As part of his settlement with the university, Harwood agreed to resign and cut off direct contact with faculty, staff and students unless explicitly approved. In return, the university would not revoke his tenure and continue paying him a $109,900 salary with benefits until either August 2016 or upon finding employment elsewhere.

The agreement included “confidentiality” and “non-disclosure provisions,” which “effectively prevented UK from warning other potential employers of the danger he posed to students,” Kernel attorney Tom Miller said.

The Kernel was unable to determine Harwood’s current whereabouts, but he has remained active in research and could pursue employment as a professor at other educational institutions if he wished.

Pages from the Harwood file detailing the Kernel Press v. University of Kentucky lawsuit. Some information has been redacted by UK.

Thursday, August 26, 2021

sports

Sports to keep an eye on this fall

By Barkley Truax sports@kykernel.com

Classes are back in session, students are moved into their dorms, and it’s time to focus on what’s really important in Lexington.

Fall at UK means more than just football when it comes to athletics. Here are the six other fall sports that are featured on campus to begin this semester.

Volleyball

The reigning, defending, undisputed volleyball national champion Kentucky Wildcats are still reeling from their victory.

The short off-season has the girls on their heels ready to become the first NCAA team in history to win two national titles in the same calendar year.

After the season ended last April, Kentucky lost three of arguably their best players in AVCA Player of the Year Madison Lilley, Gabby Gurry and Avery Skinner. Head coach Craig Skinner has compensated by bringing in a top-five recruiting class headlined by the No. 8 recruit in the nation, Jordyn Williams.

“It’s such an amazing feeling to just get after it. It’s really exciting and I’m having a great time,” Williams said about being around the program.

The No. 3-ranked Wildcats boast one of the toughest schedules in the country, facing multiple top pre-season ranked teams including: @ No. 2 Wisconsin (Sept. 10), @ No. 13 Louisville (Sept. 15) and No. 21 Stanford (Sept. 19) at home.

“This team knows how to work and get after it,” senior outside hitter Alli Stumler said about the strength of schedule. “We

PHOTOS BY JACK WEAVER | STAFF Kentucky Wildcats midfielder Marissa Bosco (9) takes a shot on goal during UK’s game against Marshall on Sunday, Aug. 22, 2021, at Wendell and Vickie Bell Soccer Complex in Lexington, Kentucky. UK won 3-0.

always say it about ourselves, we’re going to be the hardest team we play.”

Their season tips off Friday morning at 10:20 a.m. against Texas State in Dayton, OH. Women’s Soccer

The only sport that has kicked off their season thus far, the Kentucky women’s soccer team battled Purdue to a draw (1-1) in their season opener last Thursday and a victory in their home opener against Marshall on Sunday.

They are slated to play Louisiana Lafayette Thursday night at 7

p.m. in game three of their 2021 season at the Wendell & Vickie Bell Soccer Complex in Lexington.

Kentucky is led by star junior forward Jordyn Rhodes, who scored the first hat trick of her career in Sunday’s victory over Marshall.

Rhodes is coming off an impressive sophomore season in which she received First-Team All-SEC honors after leading the conference in points with 21 on 10 goals and ranked first in the SEC with 3.78 shots per game.

Rhodes was also named to the

2020-21 MAC Hermann Watch List and 2020 USCA All Southeast-Region Team.

Kentucky only won one game last season but with Rhodes at the helm, expect the women’s team to take a leap forward, even if it’s a tiny one, in 2021.

Men’s Soccer

Ranked No. 14 in the preseason United Soccer Coaches poll, Kentucky kicks off their season Thursday night at No. 25 Coastal Carolina after playing two exhibitions last week.

Kentucky drew a tough match-

up in the second round of the 2020 NCAA Championship tournament against then No. 4 Wake Forest, losing to the Demon Deacons 2-1 and capping their season at a respectable 12-5-2.

The ‘Cats are returning the majority of their scoring core from last season in fifth year midfielder Bailey Rouse, sophomore forward Eythor Bjorgolfsson and senior forwards Daniel Evans and Brock Lindow. The four were responsible for 16 of UK’s 31 (.52) goals in 2020.

See FALL SPORTS on page 12

fall 2021 | 11

Thursday, August 26, 2021

sports

FALL SPORTS CONTINUED FROM PAGE 11

With a team-high .48 shot on goal percentage, Bjorgolfsson is poised for a breakout sophomore season. The six-foot-two Norwegian native also led the team in minutes played with 1,165 in 16 games, of which he started all but one.

On top of their season opener, Kentucky is also set to battle the reigning national champions, the No. 1 ranked Marshall Thundering Herd away on Sept. 25. Their only other ranked matchup other than the season opener is against No. 18 Charlotte in North Carolina on Oct. 30.

Cross Country

The cross country team will feature in six meets prior to NCAA’s on Nov. 20. Their regular season will begin on Sept. 3 and continue until Oct. 15, Kentucky running on every other Saturday this fall.

Their regular season meets include: Missouri Opener (Sept. 3), Commodore Classic (Sept. 17), Notre Dame Invitational (Oct. 1) and Pre-Nationals (Oct. 15).

Their post-season begins with the SEC Championships (Oct. 29) followed by the NCAA Southeast Regional hosted by UK on Nov. 12; this will be UK’s only home meet this season.

Swimming and Diving

The one sport that will span for the entire academic calendar year, the UK Swimming and Diving team’s season is set to begin Oct. 6 against Indiana and Indiana State in a Tri-Meet in Bloomington.

The men’s unit is led by sophomore freestyle swimmer Max Berg, who was a member of the French Junior National Team prior to joining UK’s squad. He placed No. 1 in 200m free, No. 1 in 200m IM and No. 9 in 100m

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free last season.

In the women’s lane it’s senior freestyle/butterfly competitor Riley Gaines, who just competed in the Olympic Trials over the summer. Her accolades from last season include an NCAA Silver Medal in the 800m Freestyle Relay, SEC Gold Medalist in 200m Freestyle and 800m Freestyle Relay, SEC Bronze Medalist in 200m Medley Relay and 400m Medley Relay on top of being named an All-American in the 200m Freestyle and 800m Freestyle Relay and an All-SEC First Team selection, all in 2021 alone.

Women’s Golf

Headlined by 2021 U.S. Women’s Amateur champion Jensen Castle, UK’s women’s golf team is poised to have a stellar 2021 campaign.

“Our team is so special. The team dynamic is crazy good.

There’s no drama, we all get along great,” Castle said. “We all love to see each other succeed. There’s no jealousy. I’m not going to say we’re going to have any expectations. We’re still going to focus on the same thing we have, just one tournament at a time.”

Kentucky also brings back SEC All-Freshman selection Laney Frye, who’s coming off one of the best seasons in UK history. She averaged 73.5 strokes per round in 11 appearances, which is the fifth-best mark in program history.

She led the Wildcats in stroke average, top-10 finishes, top-20 performances and rounds of par or better. Her 13 rounds of par or better is the second-most in a season in UK history.

They will also bring back Casey Ott, Rikke Svejgård Nielsen, Maria Villanueva Aperribay and Marissa Wenzler, all of whom played pivotal roles for Kentucky’s success last season.

Their season will tee off at the Wolverine Invitational on Sept.

13.

Kentucky Wildcats outside hitter Alli Stumler (17) hits the ball over the net during the UK vs. Ole Miss game on Saturday, March 13, 2021, at Memorial Coliseum in Lexington, Kentucky. UK won 3-1.

Kentucky Wildcats forward Eythor Bjorgolfsson (9) celebrates with his teammates after scoring the game winning goal during UK’s game against Xavier on Tuesday, Feb. 9, 2021, at The Bell Soccer Complex in Lexington, Kentucky. UK won 2-1.

Thursday, August 26, 2021

sports

UK football players appear for court hearing, case waived

By Hunter Shelton sports@kykernel.com

Six Kentucky football players who were charged with first-degree burglary all waived their right to a preliminary hearing in Fayette County District Court on Wednesday morning.

The case against R.J Adams, JuTahn McClain, Andru Phillips, Earnest Sanders IV, Vito Tisdale and Joel Williams will now move to a grand jury.

The preliminary hearing was not used, as Fayette County District Judge T. Bruce Bell dismissed the six players from the courtroom.

According to the initial report, an incident that took place at a Lexington residence on March 6 saw three individuals enter a private party uninvited. Once asked to leave, the subjects threatened to return.

Later that night, they would return with other individuals, forcing their way into the residence. Court documents obtained by the Associated Press claim that a “physical altercation” took place, leaving multiple people injured.

Tisdale was also charged with first-degree wanton endangerment, as the report alleges that the subject pointed a firearm at a victim. In July, the sophomore was also charged in Bowling Green with possession of marijuana after being pulled over, according to WDRB’s Jason Riley. He pleaded guilty on July 28 and was probated a 45-day jail sentence.

All six players pleaded not guilty at arraignment on Friday,

MICHAEL CLUBB | STAFF Kentucky football players Earnest Sanders IV, JuTahn McClain, and Joel Williams (left to right) leave the Fayette County District Courthouse after their preliminary hearing on Wednesday, Aug. 25, 2021, in downtown Lexington, Kentucky.

August 20. Judge Joseph T. Bouvier ordered the players to stay away from the victims and the location of the incident.

Kentucky head coach Mark Stoops spoke publicly on the matter on Saturday, informing the media that all six players are not currently with the team and is

“unsure” when they will return.

“We don’t have all that information in there. Attorneys don’t have all that information yet.

When they receive that info, and we get the discovery rules, we’ll make decisions from there,” Stoops said. “They deserve an opportunity to defend them-

selves, you know, so we’ll let that process play out.”

Prosecutors will now establish a case in which they will attempt to convince 75 percent of the jury, resulting in an indictment being handed down and moving the case to a trial. If the prosecution is not able to convince the jury,

the case will be dismissed. Prosecutors have up to 60 days to create their case. A court date is yet to be established.

fall 2021 | 13

Thursday, August 26, 2021

Students return to campus PHOTOS BY JACK WEAVER | STAFF

Pictured are the beginning days of school this year that freshman got to experience for the first time. Students are moving in, weaving their way through campus buildings and hoping for a return to normalcy.

University of Kentucky students walk through Kroger Field during Campus Ruckus on Thursday, Aug. 19, 2021, in Lexington, Kentucky.

Students enter and exit Kastle Hall on the first day of fall classes on Monday, Aug. 23, 2021, at the University of Kentucky in Lexington, Kentucky.

New students form the shape of the state of Kentucky during the Wildcat Welcome Ceremony on Friday, Aug. 20, 2021, at Kroger Field in Lexington, Kentucky.

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A student pushes a cart of belongings past the Gatton Student Center during move in on Monday, Aug. 16, 2021, in Lexington, Kentucky.

Thursday, August 26, 2021

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