<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "One of the three series of ongoing controversies involving Virginia The most elected officials – Governor Ralph Northam, who wore a blackface in the 1980s to pretend to be Michael Jackson, had a page from the directory of the medical school that featured a photo of a man with a black face and another in a hood of the Ku Klux Klan, and who on Sunday described the slaves as "servants under contract"; Lieutenant Governor Justin Fairfax, who was charged by two women, Dr. Vanessa Tyson and former Duke University classmate Meredith Watson, with sexual assault in 2004 and 2000, respectively; and Attorney General Mark Herring, who was blackface to UVA University in 1980 in the course of an identity theft by a rap artist, could lead to a sports-related legal controversy involving the largest program in the world. university basketball in Canada. Watson's allegations of sexual assault against Lieutenant Governor Fairfax connect to the Duke University men's basketball program. "data-reactid =" 22 "> One of the three types of controversy underway with Virginia's top politicians, Governor Ralph Northam, who wore a blackface in the 1980s to emulate Michael Jackson, featured a page from the directory of the medical school featuring a photo of a man with a black face and a man on the hood of the Ku Klux Klan, who on Sunday called the slaves "servants under contract": the lieutenant- Governor Justin Fairfax, accused by two women, Dr. Vanessa Tyson and the former Duke University of Fairfax Meredith Watson, her classmate, a victim of sexual assault in 2004 and 2000 respectively, and Attorney General Mark Herring, who was wearing a blackface while he was an AVU undergraduate student in 1980 as part of an impersonation of a rap artist Watson's allegations of sexual assault against Lieutenant Governor Fairfax are related to the men's basketball program of Duke University.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Watson's declaration, as written by her lawyer, Nancy Erika Smith, contains two allegations of rape. The first criticism of Fairfax and the second refers to a basketball player Duke, who was not named, and who, according Watson, assaulted him in 1999. Watson, who The Washington Post reports psychologist, also claims to have informed the "dean" of the alleged rape committed by a basketball player. This dean, whom Watson does not name and who could refer to different types of deans, advised him to drop the subject. Watson says she's also entrusted to Fairfax, who, according to Watson, then became more confident in the fact that he could force Watson to have non-consensual sex. According to Watson, Fairfax felt that because she was "too scared to say anything" about the rapist who had raped her, he could also rape her without confusing herself. . "Data-reactid =" 23 "> Watson's statement, as it was written by her Nancy Erika Smith, a lawyer, reports two allegations of rape: the first reproach to Fairfax and the second to a basketball player Anonymous Duke, allegedly assaulted by Watson in 1999. Watson, who The Washington Post Specialized reports in psychology, also states that she informed "the dean" about alleged rape by a basketball player. This dean, whom Watson does not name and who could refer to different types of deans, advised him to drop the subject. Watson says she's also entrusted to Fairfax, who, according to Watson, then became more confident in the fact that he could force Watson to have non-consensual sex. According to Watson, Fairfax felt that because she was "too scared to say anything", the basketball player had raped her, he too could rape her without having any problems.

Here is the relevant part of Watson's statement:

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Ms. Watson was raped by a basketball player during her second year at Duke. She went to the dean, who did not provide any help and was discouraged from pursuing her request. Ms. Watson also told friends, including Justin Fairfax. Mr. Fairfax then used this previous assault on Ms. Watson, as he had explained to her at the only meeting she had with him after the rape. She left a campus party when he arrived and he followed. She turned around and asked, "Why did you do it?" Mr. Fairfax replied, "I knew that because of what happened to you last year, you would be too scared to say anything." Mr. Fairfax actually used the previous rape. of his "friend" against her when he chose to rape her premeditatedly. "data-reactid =" 25 ">Ms. Watson was raped by a basketball player during her second year at Duke. She went to the dean, who did not provide any help and was discouraged from pursuing her request. Ms. Watson also told friends, including Justin Fairfax. Mr. Fairfax then used this previous assault on Ms. Watson, as he had explained to her at the only meeting she had with him after the rape. She left a campus party when he arrived and he followed. She turned around and asked, "Why did you do it?" Mr. Fairfax replied, "I knew that because of what happened to you last year, you would be too scared to say anything." Mr. Fairfax actually used the previous rape. of his "friend" against her when he chose to rape her premeditatedly.

It does not appear that one or the other of these sexual relations resulted in criminal charges. It is also unclear whether law enforcement, hospital staff or university advisory services are known. Fairfax denies having committed a rape.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Duke coach Mike Krzyzewski, who has trained the Blue Devils since 1980, told ESPN's Myron Medcalf on Saturday said for the first time that the allegation of basketball rape had been alleged through Watson's statement. Krzyzewski also pointed out that the allegation was very disturbing and that he was committed to having university officials take a watchful eye. "Data-reactid =" 27 "> Duke coach Mike Krzyzewski, coach of the Blue Devils since 1980, said Saturday at ESPN's Myron Medcalf on Saturday Mr. Krzyzewski also pointed out for the first time that The allegation of basketball rape had been alleged rape by a journalist.This allegation is extremely troubling and he promised that university officials would look closely.

Duke's interest in a 1999 allegation goes far beyond sport. The university and its administrators had reporting obligations under Title IX and the Clery Act. These are federal laws designed to prevent and deter sexual harassment, violence and discrimination on college campuses. While the potential civil liability and fines imposed by the government under these laws were probably passed due to the impracticability of its application two decades later and the expiry of the laws in force, the University will nevertheless want to self-assess its respect. This is especially the case if law enforcement forces launch their own investigation. The law of North Carolina does not impose a statute of limitations for serious sexual assault cases. This means that it is possible that a person who committed rape in 1999 could be criminally prosecuted for this crime in 2019.

Title IX applies to programs or activities of the university and generally governs sexual violence committed by one student against another. Title IX requires universities and administrators concerned to actively respond to allegations of violence, including through coordination with law enforcement agencies. In addition, Title IX requires universities to address hostile environments that have led to sexual violence.

The story continues

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Under the Clery Act, which n? has no status of limitations for filing complaints but has been interpreter in order for the government to have a five-year delay, as well as the Charter of Rights for Sexual Assault Victims on Campus, which was associated with it, in the Clery Act, Watson should have been treated much better by Duke after declaring having informed an administrator. On the one hand, Duke should have informed him of the options for notifying the law enforcement forces. The school should also have offered him counseling services and the opportunity to change his school and life situation. Similarly, the incident may have formed a data point required for publicly disclosed criminal statistics. "Data-reactid =" 34 "> Under the Clery Act, which has no limitation period to file a complaint, but has been interpreted as having five more than one year for the fines imposed by the government, as well as under the Sexual Assault Rights on Campus (Campus) Charter, Watson should have been treated much better by Duke after he advised that he had notified an administrator. The school should also have offered him counseling and the opportunity to change his school situation and living conditions, and the incident could have been a data point required for publicly disclosed crime statistics.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Duke also has a detailed student policy of sexual misconduct and a set of reporting procedures and responsibilities. Duke will now try to find out what happened in 1999 and determine if the school and its officials did not act properly. "Data-reactid =" 35 "> Duke also has a detailed policy on student sexual behavior, reporting procedures and responsibilities, and Duke will now try to find out what happened. 1999 and to determine if the school and its leaders did not act correctly.

Duke's investigation will try to gather as much facts as possible. To this end, university officials will likely ask to speak to Watson and his lawyer. Such a conversation would be essential for fact-finding. This is all the more true as two decades have passed since the alleged incident. Human memories, material evidence and the availability of witnesses may not have survived over time. Indeed, Duke employees aware of Watson's charges can no longer be employed by the school; some may no longer be alive or well enough to remember accurately an incident that occurred two decades ago. The current group of directors and counsel for Duke is almost certainly different from those who occupied their positions in 1999. That incident happens as Watson claims, current officials may not know or have reasons to know it.

The university will likely also search all relevant files from Duke's relevant departments and administrators that Watson could have accessed in 1999. These entities and individuals include: the campus police service, the university hospital and its emergency room, Title IX Coordinator, Student Health Services, Student Affairs Office, Counseling and Counseling Services Office, and Gender Violence Prevention and Response Office.

The university will probably also contact the registrar's office to obtain Watson's academic records. These documents could include the identity of their educational advisors and others who may have advised them. The name of the dean to whom Watson has confided, if this information is not already known to the school, could be obtained by this method of fact-finding. In addition, Duke managers may ask their IT department to search the duke.edu server for relevant e-mail from the Watson University e-mail account and those of basketball players.

The university will also turn to the Durham Police Department to determine if he is aware of an alleged incident. It is unclear whether the alleged basketball rape occurred on campus or even in Durham.

Duke will also likely interview Krzyzewski and other basketball coaches and sports department staff who have been in school since that time. School officials will want to know about the basketball program's methods and procedures for handling sexual misconduct complaints and related charges. Given the seriousness of an allegation of rape and Krzyzewski's control over the men's basketball team, it would seem likely that if any one of Duke's sports department had been made aware of the allegation in 1999, Krzyzewski was informed promptly. Moreover, although 20 years have passed, Krzyzewski would probably be able to remember a charge as disturbing as he had been warned at that time.

It should be noted that Duke's interest in the prosecution is not only to determine whether the charge is true. As described above, the university will want to determine if its directors have complied with the laws and policies of the university. Such an investigation could last several weeks or months. In this order of ideas, it will be difficult to assess what happened in 1999. It can be difficult to prove or refute a sexual assault charge, especially if the parties agree that sexual intercourse took place but did not agree on whether there was consent.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Duke is surely also aware of his past experiences with Charges Sexual assault was brought against student athletes.In 2006, a group of Duke lacrosse players were falsely accused of rape.This accusation was at the origin of a media controversy that took place. Is inflamed. multi-year benefits. Although the nature of these allegations is different from that brought by Watson, the university and its sports department will cautiously follow in its approach to a new controversy. Duke is also aware of his past experiences A group of Lacrosse players Duke has been falsely accused of rape.This accusation has been at the origin of a media controversy that is taking place. The nature of these allegations is different from the Watson According to Watson, the university and its sports department will cautiously approach how it approaches a new controversy.

IF you will keep abreast of the progress of the investigation.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Michael McCann is the legal analyst of SI. He is also Associate Dean of the University of New Hampshire's Faculty of Law and Editor and Co-Author of Oxford Handbook of American Sports Law and Court Justice: The story of my fight against the NCAA."data-reactid =" 44 ">Michael McCann is the legal analyst of SI. He is also Associate Dean of the University of New Hampshire's Faculty of Law and Editor and Co-Author of Oxford Handbook of American Sports Law and Court Justice: The story of my fight against the NCAA.