Duke Lacrosse Scandal

<p>From the News Observer:</p>

<p>"Durham police had 46 members of the Duke University lacrosse team DNA-tested Thursday in the suspected gang-rape of a woman at an off-campus party last week.</p>

<p>Police think at least three of the men could be responsible for the sexual assault, beating, robbery and near-strangulation of one of two women who had an appointment to dance at the party March 13, according to a search warrant.</p>

<p>Such a broad DNA sampling early in an investigation is unusual, several local lawyers said.</p>

<p>The assault allegedly happened in a house shared by three members of the men's lacrosse team, Duke officials said.</p>

<p>All but one member of the team reported to the Durham police crime lab downtown at 4 p.m. Thursday to be photographed and "to provide identifying information," said John Burness, Duke University senior vice president for public affairs. The team member who did not report was not ordered to the screening, Burness said without explaining why.</p>

<p>"Duke University is monitoring the situation and cooperating with officials, as are the students," Burness said.</p>

<p>No one had been charged late Thursday in the incident, which police say happened close to midnight March 13 and into the early hours of the next morning. Alcohol was involved, Durham police Sgt. Mark Gottlieb said.</p>

<p>Joe Alleva, Duke athletics director, was in Atlanta, where the Blue Devils men's basketball team played its third game in the NCAA Tournament.</p>

<p>"It's just an unfortunate situation," Alleva said about the investigation of the lacrosse team. "We're just going to have to let the legal process work out."</p>

<p>While investigators look into the matter, Alleva said, the lacrosse team, a finalist in the NCAA Division I championship last season, will continue with its schedule. "You've got to let the facts play out," he said.</p>

<p>It was unclear how long it would take to process the DNA tests.</p>

<p>A search warrant returned Thursday details the attack the victim described to police.</p>

<p>It is The News & Observer's policy not to identify victims of reported sex crimes.</p>

<p>Heated atmosphere</p>

<p>According to the warrant, the victim told police she went to the home late March 13 with another woman to dance for a group of men. She and the other female dancer started to perform in the master bedroom of the house, and soon, the men who were watching became "excited and aggressive," the statement says.</p>

<p>The women stopped dancing and wanted to leave, concerned for their safety. They went outside and got into a car and were approached by one of the suspects, who apologized and asked that the women come back inside, the warrant says.</p>

<p>The women went back inside the house and were separated. The victim was pulled into a bathroom, and three men held her down, sexually assaulting and sodomizing her, the warrant says. She was kicked, hit, strangled and beaten, she told police.</p>

<p>The victim went to the Kroger grocery store on Hillsborough Road and called police at 1:22 a.m. March 14, the warrant says.</p>

<p>Police drove to the house that morning, but no one answered the door. They returned March 16 with the search warrant, looking for DNA evidence and the victim's belongings, including one shoe, a cellular phone and at least $400, all in $20 bills.</p>

<p>They also looked for artificial fingernails painted with red polish, apparently lost in the victim's struggle.</p>

<p>Police seized residents' computers, cell phones and digital cameras, looking for photos and video footage of the party, the warrant said. They took rugs, discarded paper towels, fingernails and photographs, it said.</p>

<p>Residents at the Buchanan Boulevard house, one of 15 properties Duke bought in February, did not respond to requests for comment Tuesday.</p>

<p>Search called unusual</p>

<p>Such a large DNA search seemed unusual to several Durham criminal defense lawyers.</p>

<p>John Fitzpatrick said searches by the police should be based on a suspicion that is directed toward an individual, not just a class of people.</p>

<p>"On its face, without learning more, it could be real problematic when you have some sweeping, unscrutinized searches," Fitzpatrick said.</p>

<p>Lawyer Alex Charns said it was difficult to decide whether a search was valid without knowing specifics or seeing written orders, but generally speaking, it would be unusual for so many people to have their DNA taken.</p>

<p>"I can't imagine a scenario where this would be reasonable to do this so early in the investigation," Charns said. "It seems unusual, it seems over-broad, and it seems frightening that they're invading the privacy of so many people."</p>

<p>Gottlieb, the supervisor in the investigation, said Thursday that he was not in a position to speak about the case. He stood inside the Durham police crime lab about 4 p.m. as carloads of young men rolled to 213 Broadway St. in downtown Durham.</p>

<p>Bob Ekstrand, a Durham defense lawyer who has represented Duke students, stood outside the lab holding a briefcase.</p>

<p>"Don't answer any questions," he told the young men as they prepared to go in the building. When asked whether he was representing any of the students, he replied, "No comment."</p>

<p>A woman who works in Ekstrand's office intercepted more lacrosse players as they arrived, instructing them to cover their faces, wear hats and pull their jackets up to conceal their identities. In the back of one of the players' cars was a recent issue of "Inside Lacrosse" magazine.</p>

<p>"Everyone's talking about Duke," the front cover read.</p>

<p>(Staff writers Benjamin Niolet, Ned Barnett and Roger van der Horst contributed to this report.)"</p>

<p>This is a very sticky situation. Duke was favored to win it all this year, but after losing to Cornell and now this... They forfeited the next two games. But this isn't about their record or this season... it's about the future of this program, which now looks unsure at best.</p>

<p>Here is the press release from A.D. Joe Alleva. </p>

<p>Duke Announces Forfeiture Of Men’s Lacrosse Games<br>
Courtesy: Duke Sports Information</p>

<p>Duke University Director of Athletics Joe Alleva announced on Saturday that the men’s lacrosse team will forfeit today’s contest against Georgetown as well as Tuesday’s scheduled game with Mount St. Mary’s.</p>

<p>“I am dismayed by the party on March 13 held by members of the men’s lacrosse team at an off campus residence,” Alleva said. “The Durham Police’s investigation of the matter continues and we await its results. </p>

<p>“The players deny the criminal allegations. We understand that to date, no one has been charged with any crime. We continue to monitor the situation and will respond accordingly to further developments as the facts become known. </p>

<p>“Several players who were present acknowledge, however, that they did hire private party dancers and that underage drinking occurred. The judgment of the team members to host and participate in this event is inconsistent with the values of Duke Athletics and Duke University and is unacceptable. Accordingly I have notified Coach Pressler that I have decided that we will forfeit today’s game and next Tuesday’s game. I have told President Brodhead of my decision and he fully supports it.”</p>

<p><a href="http://www.newsobserver.com/102/story/421799.html%5B/url%5D"&gt;http://www.newsobserver.com/102/story/421799.html&lt;/a&gt;&lt;/p>

<p>i am appalled that students that shouldnt' be at duke anyway (athlete admits) are ungreatful and thought it acceptable to mess up duke's reputation...</p>

<p>Honor is truely a good thing unless it is misdirected, as in the case of the members of Duke's lacrosse team. They are showing a strong bond of unity which is normally very admirable. However, in this case, the unity that should be demonstrated is one to the decency of civilized mankind. Duke is a great school with a distinguished and honorable faculty and student body. The longer the team stands behind this code of silence, the more doubt is cast towards the school and what it stands for.</p>

<p>Duke students: what are your thoughts? How do you feel this may impact potential candidates for the freshman class? Has it changed how you feel about the school or its policy makers?</p>

<p>Here is the latest from the Raleigh newspaper:<a href="http://www.newsobserver.com/102/story/422217.html%5B/url%5D"&gt;http://www.newsobserver.com/102/story/422217.html&lt;/a&gt;&lt;/p>

<p>I'm not a student, but the parent of a potential student, and I can tell you that what I have read so far regarding this incident will make me encourage my DD not to apply to Duke.</p>

<p>This was such a horrible act, but it could have happened anywhere.</p>

<p>It is true that, unfortunately, this could have happened anywhere. However, what is most disturbing to me is how the University administration reacted - see the other thread on this topic, where it is apparent that the Administration only reacted after the incident was reported in the media.</p>

<p>I am a parent of a potential Duke freshman. I am waiting to see the response from the administration on this. I'm sure with admissions decisions going out on Thurs. they must be deep in discussion as what to do and say. There are many who will be waiting and listening.</p>

<p>MSMDAD--I'm in the same position, i.e. parent of potential student. The child I'm sending to college now is a boy, but in two years I'll be sending a girl. As you've said, you can unfortunately find an incident similar to this in the recent history of any college, and I think you'd find those administrations didn't respond publicly until they had to either. Duke's incident just happens to be the one that's currently in the news (at a really bad time as people are making their attendance decisions). I'd do some further research before deciding Duke is different than other schools and worth elimiminating from your DD's potential list of schools. The Duke I know is beautiful, full of smart kids and smart faculty.</p>

<p>Examples of this kind of things at other schools...</p>

<p><a href="http://query.nytimes.com/gst/fullpage.html?res=9A06E3D8163FF931A1575AC0A96F958260%5B/url%5D"&gt;http://query.nytimes.com/gst/fullpage.html?res=9A06E3D8163FF931A1575AC0A96F958260&lt;/a&gt;&lt;/p>

<p><a href="http://www.cnn.com/2004/US/Central/02/19/colorado.football/%5B/url%5D"&gt;http://www.cnn.com/2004/US/Central/02/19/colorado.football/&lt;/a&gt;&lt;/p>

<p><a href="http://www.katu.com/sports/story.asp?ID=83999%5B/url%5D"&gt;http://www.katu.com/sports/story.asp?ID=83999&lt;/a&gt;&lt;/p>

<p>IMHO here's the topics worth thinking about: How do we stop the culture present in some sports teams that this kind of thing might be acceptable? How do we teach our daughters how to protect themselves?</p>

<p>How about: How do we teach university administrators to proactively deal with incidents like this one and not wait until the story is reported in the media to take action?</p>

<p>Well, here's one factor I think probably contributed to the gap between party date and university publicity: Duke's spring break began March 10th and ended March 20th.</p>

<p>MSMDAD--assuming for the sake of argument this sort of thing happens infrequently at all major universities, has your research found any administrations that did get out front on the issue publicly?</p>

<p>MSMDAD - what would you have had them do differently? A horrible thing like this raises so many legal, moral, and ethical questions for the police and for the university administration - many lives are now tied up in this, and the rights of the accused and the accuser must both be examined. Also - if you are basing the timeline of the university response by when it gets reported in the media, then of course it is going to look like the media reported the story first...</p>

<p>DukeEgr93, Let's take a look at the timeline (credit to interesteddad from the other thread on this topic):</p>

<p>...I realized that the AD and the University made their first statement and forfeited the two games today, March 25th. </p>

<p>Here's the timeline:</p>

<p>Monday March 13th: the party</p>

<p>Tuesday March 14th (1:44 am): woman calls the police to Kroger shopping lot. They take her to the hospital. </p>

<p>Tuesday March 14th ("early morning hours shortly after the victim reported the event" according to the search warrant): police went to the residence to begin their investigation, but "no one would come to the door".</p>

<p>Thursday March 16th: Police receive search warrant. Copy here:</p>

<p><a href="http://www.wral.com/slideshow/news/...l?qs=;s=1;w=500%5B/url%5D"&gt;http://www.wral.com/slideshow/news/...l?qs=;s=1;w=500&lt;/a&gt;&lt;/p>

<p>Saturday March 18th: Duke lacrosse hosts N. Carolina in a home game</p>

<p>Tuesday March 21st: Duke lacrosse hosts Cornell in a home game</p>

<p>Thursday March 23rd: 46 members of Duke lacrosse team, having previously refused to cooperate, answer a court order and appeared at the police headquarters in downtown Durham to provide DNA samples.</p>

<p>Friday March 24th: The News and Observer breaks the story for the first time in the media</p>

<p>Saturday March 25th: Duke issues a statement, forfeiting 2 of the team's remaing 6 regular season games.</p>

<p>The obvious questions: what was the University's response during the 11 days between the incident and when the story hit the news yesterday? How many more games would they have played had the story not become public?</p>

<p>Do you have an answer to the questions from interesteddad? </p>

<p>soproudofkids, no, I have not researched how other universities have reacted to incidents of this type. Have you?</p>

<p>Here's the granddaddy of scandals:</p>

<p><a href="http://www.sportslawnews.com/archive/history/HT5.html%5B/url%5D"&gt;http://www.sportslawnews.com/archive/history/HT5.html&lt;/a&gt;&lt;/p>

<p>There was this recent case - not involving the whole team ...</p>

<p><a href="http://www.wtkr.com/Global/story.asp?S=4520460%5B/url%5D"&gt;http://www.wtkr.com/Global/story.asp?S=4520460&lt;/a&gt;&lt;/p>

<p>and this scandal at Milton Academy last year, when 5 members of the hockey team were expelled after a group sex incident:</p>

<p><a href="http://www.boston.com/news/education/k_12/articles/2005/02/20/milton_academy_rocked_by_expulsions?mode=PF%5B/url%5D"&gt;http://www.boston.com/news/education/k_12/articles/2005/02/20/milton_academy_rocked_by_expulsions?mode=PF&lt;/a&gt;&lt;/p>

<p>"The obvious questions: what was the University's response during the 11 days between the incident and when the story hit the news yesterday? How many more games would they have played had the story not become public?"</p>

<p>I hate to put it this way, but upon what information could the university have acted until the results of the investigation were known? At what point do you believe university officials were informed that Duke students living off campus had potentially participated in this crime? The first news story I can find with that information is March 23rd - in fact, that is the first I can find of the story at all.</p>

<p>Please don't misunderstand me - I am in no way trying to defend the actions of the people involved with the event. All I am saying is that I do not agree there is valid cause to claim the university intentionally withheld information so that the team could play two games. I believe that once the situation was made clear to the university by the investigating authorities, the university acted as forcefully as it could until more information is gathered.</p>

<p>Quick note - the "other thread" referenced above by MSMDAD is in the Parents Cafe, for those interested.</p>

<p>DukeEgr93, You mean to tell me that you think that the three team captains that were renting the house where this incident took place did not contact their coach and/or assistant coaches, regarding the fact that the police had come to their house?</p>

<p>MSMDad--I'll definitely keep an eye out for data that proves your viewpoint that Duke handled this tragic occurrence worse and differently than other universities who have been in the same situation (i.e. probably every university at some point). Why it should be up to me to prove your viewpoint I'm not sure, but hey I'm up for trying.</p>

<p>In the meantime, I do have anecdotes to support my own belief that Duke probably didn't handle this any worse or better than anyone else. </p>

<p>Google the phrase below and you'll find that top link is an article that notes that people were concerned about response at UVA: </p>

<p>UVa updates response to sexual assault, rape </p>

<p>And this link notes court cases against UGeorgia and Yale for delayed responses:</p>

<p><a href="http://www.securityoncampus.org/lawyers/titleix.html%5B/url%5D"&gt;http://www.securityoncampus.org/lawyers/titleix.html&lt;/a&gt;&lt;/p>

<p>To be clear: I'm not saying it's OK for universities to handle rapes and sexual assault poorly, and there's actually a lot of stuff out there on the web in terms of university policies that have been instituted to improve responses and procedures. I'm just saying if you go taking Duke off your daughter's list for this and then take every other school off your daughter's list who has ever had this kind of thing happen and/or handled things badly, your daughter's gonna have a mighty short list of places to apply to. One could even argue (not saying that I am) that a school like Duke who's gotten burned and knows they better step up to the plate in terms of prevention and response might be a safer place for a daughter to be.</p>

<p>And since the goal of all this should not be to ding Duke but to all learn more about rape among the college population and how to prevent it, here's a report from the Department of Justice:</p>

<p><a href="http://www.ncjrs.gov/pdffiles1/nij/182369.pdf%5B/url%5D"&gt;http://www.ncjrs.gov/pdffiles1/nij/182369.pdf&lt;/a&gt;&lt;/p>

<p>MSMDAD - What I am trying to say is that we just don't know. If there's a wall of silence going on, why would it be hard to believe that the team <em>would</em> try to keep it from the coaches? There are also other questions - like how does FERPA enter into the university making a statement before anything becomes public knowledge? I just feel that this forum - and especially some posts on the Parents Cafe - are quick to assign blame using assumptions and conspiracy theories, neither of which will help in determining what really happened. Certainly, the university needs to have a strong response, and certainly these athletes cannot be protected due to their status as students or athletes. However, the university cannot be in the business of assuming or pronouncing guilt before it is proven.</p>