Blog : North Carolina

LAWSUIT FILED BY TFNL GROUP’S LAURA DUNN IN ALLEGED MYERS PARK HIGH SCHOOL RAPE

A former Myers Park High School student reported being sexually assaulted by a fellow student in the woods behind the school and officials allegedly did nothing.

 CMS, by and through its officials, failed to take her complaint to investigate or resolve the sexual violence as required under Title IX. 

According the to lawsuit, not only did the above occur, by Mr. Leak also “discouraged Ms. Doe from taking action by suggesting she could be arrested for a false report.” He then turned around and “filed a false report with CMPD claiming Ms. Doe skipped school without any mention of the rape.”

This failure to take the proper steps in responding to the complaint also led to no disciplinary action against the accused.

Read & watch more here: WSOCTV.com and WBTV.com

 

 

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Bullying Led to Fatal Shooting of Bobby McKeithen

The New York Times | October 29, 2018 | By Sandra E. GarciaAndrew R. Chow and Matt Stevens

A student at a high school near Charlotte, N.C., fatally shot a schoolmate on Monday morning during a fight before classes began, sending dozens of horrified students fleeing for safety, the authorities said.

Officials said that bullying that had “escalated out of control” had led to the fatal encounter at David W. Butler High School in Matthews, N.C., but would not say who had done the bullying.

“What took place this morning is something that built up,” said Capt. Stason Tyrrell, a patrol commander for the Matthews Police Department, at a news conference. “Several people knew about it — not knew there was going to be a shooting, but knew there was going to be a likelihood of some sort of altercation this morning.”

The police said that Jatwan Craig Cuffie, 16, a ninth grader at the school, was fighting with Bobby McKeithen, 16, a sophomore, in a hallway after 7 a.m., when Mr. Cuffie shot Mr. McKeithen. They did not say what kind of gun was used or how many times Mr. McKeithen was shot.

Mr. Cuffie was charged with first-degree murder on Monday afternoon, Captain Tyrrell said. It was not immediately clear whether he had a lawyer.

Bobby McKeithen, 16, a 10th grader at David W. Butler High School in Matthews, N.C., was shot to death at school early Monday.

“We have literally dozens if not hundreds of kids who were in the hallway when this fight took place who witnessed one of their own be shot and fall to the floor before they ran away in a panic,” said Clayton Wilcox, the Charlotte-Mecklenburg Schools superintendent.

He said the school system was “incredibly saddened by the fact that we had a loss of life on one of our campuses today.”

In a statement late Monday, Mr. McKeithen’s family thanked the community for its prayers and asked for privacy, while also acknowledging that the “tragedy has impacted and changes our lives forever.”

“As parents we never expect to send our children to school and they not return home,” the statement said. “The pain that we are experiencing is a pain that no mother or no father should ever have to experience.”

In a telephone interview, Mario Black, the founder of the Million Youth March of Charlotte and a friend of the McKeithen family, described Mr. McKeithen as a young man who was respectful and outgoing. He loved to dance, was a football fan and could often be found on FaceTime with his friends, Mr. Black said.

Jatwan Craig Cuffie, 16, a ninth grader at Butler High School, has been charged with first-degree murder in the killing.

“It’s been an emotional day,” he said. “You hear about it other places, but for it to be here at the front door, it’s unbelievable.”

A school resource officer called the police Monday morning, saying that he was with the victim and that he had the perpetrator in custody, Captain Tyrrell said during the news conference. The school, its hallways crowded with students before classes began, immediately went into lockdown, according to the police.

“It’s been an extremely tragic event for us here in Matthews,” Capt. Tyrrell said, adding that the investigation was continuing.

Joseph Hanks, 32, had just dropped his son off at school after 7 a.m. when he saw people yelling, screaming and running out of the school.

“I saw a police officer in a full-blown run coming toward me, running as fast as he can,” Mr. Hanks said in a phone interview. “I heard what sounded like someone come over the P.A. system; I believe they were talking about the school lockdown.”

“What took place this morning is something that built up,” said Capt. Stason Tyrrell of the Matthews Police Department.

Mr. Hanks immediately started thinking of how to get his son and himself out of the area as quickly as possible. His son, Brennan Timmons, 15, had made it to the school’s entrance when he heard the officer yelling to leave. Brennan ran back to his father’s car.

“He told me, ‘There’s an active shooter in the school,’” Mr. Hanks said. “The other kids were yelling that there was a shooter, and everyone was pouring out, trying to get away from the school.”

After the shooting, many students were picked up by their parents, but classes remained in session for students who had not been picked up, Mr. Wilcox said. He added that school would be canceled at Butler High on Tuesday.

In the wake of the school shooting in Parkland, Fla., in February that left 17 dead, Mr. Wilcox proposed to county commissioners a $1.5 billion budget that included salary raises for teachers and funds for school safety measures. The budget allocated $9 million for hardened doors, two locksmiths, perimeter fencing, additional locks, glass reinforcement and classroom surveillance cameras. The budget also allocated $600,000 for nine security positions that included five police officers.

The budget was approved in June.

On Monday, the police could not immediately say how a student was able to obtain a firearm and bring it onto campus.

Gov. Roy Cooper of North Carolina, a Democrat, said in a statement that he was “heartbroken to hear about today’s school violence.” He added that it was “critical that we come together to do everything in our power to prevent these incidents from happening and keep guns out of our schools.”

Mr. Wilcox, the superintendent, said, “We are going to look into all of these things and make sure it never happens again.”

The entire staff at School Violence Law and The Fierberg National Law Group extend our sincere condolences.

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Douglas Fierberg: “A central purpose of this lawsuit is to compel LSU, Phi Delta Theta and other universities to eliminate dangerous hazing traditions…”

Death of LSU pledge raises questions about fraternity and sorority hazing The Daily Tar Heel | October 22, 2018 | By Ryan Smoot

Title IX is typically known as a gender discrimination prevention tool, but one family is trying to use it for something else.

The parents of Maxwell Gruver, an LSU fraternity pledge who died from alleged hazing last year, have filed a lawsuit against the LSU Board of Supervisors, as the family seeks $25 million in damages for the university’s neglect of Title IX law.

This is the first time Title IX is being used as an argument against hazing.

The lawsuit, coinciding with LSU Police Department police reports, alleges Maxwell was forced to take 10 to 12 pulls of 190-proof liquor during a “Bible Study” hazing event, where pledges had to drink after each incorrect answer about the fraternity.

Phi Delta Theta brothers allegedly left Gruver unconscious on a fraternity couch at midnight, until pledges brought him to the emergency room the next morning. Gruver’s blood alcohol content was .495, six times over the state’s legal limit.

The Gruver family claims LSU dismissed an ongoing culture of fraternity hazing within the university as “boys being boys,” while also imposing harsh punishments against sororities, where hazing is typically considered an anomaly.

“LSU’s policy and practice meant that a sorority accused of hazing its pledges by making them sing songs and do sit-ups and putting whipped cream, syrup and eggs in their hair was given ‘Total Probation’ by LSU – the most severe sanction LSU can impose, short of rescinding its recognition of the sorority,” a press release from the Max Gruver Foundation said. “While Phi Delt’s chapter, which admitted to hazing in 2016, was only placed on interim suspension for a month.”

Ion Outterbridge, the director of UNC’s Office of Fraternity and Sorority Life, said in an email that the University holds fraternities and sororities to equal standards for hazing violations.

“All fraternities and sororities are held to the Honor Code of the University, the same code of conduct all students are held to,” Outterbridge said in an email. “Fraternities and sororities must also comply with the guidelines set forth by the Office of Fraternity and Sorority Life, the bylaws of their national organization and the University Alcohol Policy.”

A sophomore UNC fraternity brother, who wished to keep himself and his fraternity anonymous, said hazing is central to the pledging process at his fraternity. He said speaking to anyone outside the fraternity about hazing results in expulsion from the University chapter, and brothers are normally given a script on what to tell those who ask.

He said hazing is now milder than the stories he has heard from seniors and graduates, but it still was significantly worse than what he had expected and what brothers told him before he accepted his bid.

He said pledges were hazed once a week in a “line-up,” until “hell week” — the last week before initiation — in which line-ups occurred every day.

“Looking back, it’s a memory you want to forget, so I’ve honestly tried to forget and suppress the details,” he said. “Mostly it’s eating and drinking really disgusting things, combined with physical exertion, until you throw up. On the milder side, we’d have cleaning shifts and just have to act subservient to brothers.”

He said he thinks the continuation of hazing at fraternities is primarily rooted in tradition and equity, and that he doubts brothers will ever take the initial step to end hazing completely.

“It’s a mixture of our history and just fairness,” he said. “Like if I went through all of this, why would I stop it here?”

The Gruver family hopes the lawsuit can prompt other universities to take a look at their hazing policies.

“A central purpose of this lawsuit is to compel LSU, Phi Delta Theta and other universities to eliminate dangerous hazing traditions, end the killing of young men and stop lying to students and families who have the right to know information that may save lives,” Douglas Fierberg, the family’s attorney, said.

Two fraternity members entered pleas in September, and a third is set to have a trial in July 2019.

Until then, Title IX’s impact on hazing is unclear.

https://www.dailytarheel.com/article/2018/10/hazing-title-ix-1022 

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North Carolina: Elementary Student Sexual Abuse

Jane Doe/John Doe v. Burke County Public Schools, et al.  Represented several families of female students who were victimized by their third grade teacher, Michael Alexander.  Over the course of his tenure at Hildebran Elementary, Alexander sexually abused, created sex fetish or child pornography photographs and videos, and/or criminally assaulted in a sexual manner dozens of his students. Alexander is currently serving a 49.5 year sentence for his crimes.  Federal lawsuits were filed on behalf of the victims, all of whom proceeded by pseudonym to protect their and their families’ confidentiality. The school district sought to dismiss the lawsuit, arguing that it was not responsible for Alexander’s misconduct. The Federal Court denied that motion. The cases subsequently settled for substantial confidential amounts that will ensure that these victims can obtain the health care they need to recover, pursue future educational opportunities of their choosing, and have significant financial resources available to them to create the lives they want.

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