Millien '03 Loses Lawsuit Against Colby Over Contract Breach Multiplicity of Assaults
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Millien '03 loses lawsuit against Colby over contract breach Multiplicity of assaults Colby are heard by the Judicial Millien sued the College for breach Furthermore, the court claims that the testimony of Kassman concern- By KATE RUSSO - yields confusion Board, cases of a particularly sensi- of contract in December, 2002. if Millien found the appeal to the ing the existence and interpretation NEWS EDITOR tive matter, such as sexual assault, Because the Student Handbook Dean's Hearing a breach of contract, of the College's own disciplinary, The Superior Court of Maine are heard in a Dean's Hearing; this did not state the right of a student to processes...The fact that the Dean's decided against Kevin Millien '03 policy has been in existence since appeal to a Dean's Hearing, Millien Hearing Board is not mentioned in TWO INDEPENDENT INCI- this August, who sued Colby for an 1981, although it is not explicitly felt the College was not adhering to the handbook and there is no provi- alleged breach of contract. The court stated in the Student Handbook, the disciplinary guidelines within the I did not inform sion concerning appeal the Appeals DENTS OCCUR OVER found that while there is a contractu- according to the Judgment written by Handbook, which stood as his con- Millien of his right Board does not make such appeal a LOUDNESS WEEKEND al relationship between the Dean of Justice Kirk Studstrup. tract with the school. breach of general contractual rela- ' to appeal. I did not Students Office and the students, it is The Dean's Hearing Board found The court found Millien s argu- tionship," writes Studstrup. By KATE RUSSO not, as Millien claimed, held within in favor of Millien on the grounds ment flawed on two levels. First, think he would "The College is in a difficult situa- NEWS EDITOR the student handbook. that they needed more evidence. Vice they found that while there is a con- tion," the Judgment stated, "...since it Millien did not sue the school for President of Student Affairs and tractual relationship between the want to since the has this same contractual relationship During Loudness weekend, two monetary compensation, but to clear Dean of Students Janice Kassman Dean of Students and the students, Board decided in with all students —.' both . victims and separate assaults took place. One is his name after losing a sexual assault informed the girl of her right to the Student Handbook is not that accused — and must provide funda- currently being investigated as a ¦ his favor. hearing at the College's appeals appeal the decision, which she did. specific contract. ¦ : ' ¦¦ mental fairness to all when both par- simple assault and hate crime; the level. "I did not inform Millien of his The court notes that the ties are students." Kassman agreed other, just reported to the Dean of Janice Kassman In August, 2002, a complaint was right to appeal," said Kassman. "I did Handbook actually states "the right by stating, "a dean needs to be a dean Students Office on Friday, Sept. 12, Dean of Students brought by a student to the Dean of not think he would want to since the to make.changes at any time without for all students." is being investigated as a sexual Students office that Millien had sex- Board decided in his favor." prior notice." Furthermore, it Ultimately, the court felt that assault. ually assaulted her during the week Kassman did, however, notify asserts, "the College provides the he would also have to find the Dean's though the proceedings of the Dean 's An article in the last issue of the of COOT training. Millien denied the Millien that the other student had the information herein solely for the Hearing itself a breach of contract •Hearing Board and the Appeals Echo printed a statement from charges, believing the activity was right to appeal. convenience of the reader and, to since neither are discussed in the Board "may . not ' .be "what one would Deputy Chief of Waterville Police consensual. The two students were The appeal was heard by the the extent permissible by law, handbook. However, he complied expect in a courtroom setting, but Joe Massey that the simple assault brought before a Dean's Hearing. Appeals Boaid on Oct. 17, 2002 and expressly disclaims any liability willingly with the latter. that does not make it fundamentally occurred "from one girl to another." While most infractions that occur at found in favor of the female student. which may otherwise be incurred." "Th e court gives great deference to unfair, or a breach of contract." It has been brought tolhe attention of the Echo staff that this statement is false. The case is, in fact, a male assault on a female. CER reevaluated; hours Brave canine brings seniors to shore The victim has chosen to remain anonymous and declined the Oppor- will match Health Center tunity to make a statement. The simple assault occurred early Sunday morning, Sept. 7, when the starting this weekend girl was grabbed by the arm and called a racial epithet, as described Loudness weekend prompted by Vice President of Student Affairs By LIZ BOMZE Director of Security Pete and Dean of Students Janice MANAGING EDITOR Chenevert, Thompson, Woodlee Kassman and Director of Security Rumors surrounding the avail- and representatives from the Pete Chenevert in the Sept. 11 issue ability of health care on campus Waterville Police Department to of the Echo. have elevated since the drastic meet with members of CER and The victim has not yet decided on changes in Health Center hours reevaluate the club's effectiveness. whether or not to proceed with disci- and, subsequently, Colby Aside from determining that the plinary resoluti on. Emergency Rescue hours as well. root of the problem is not how to The sexual assault, which After an overwhelming Loudness handle so many emergencies but, occurred on the same weekend, is a weekend, Student Director of CER rather, how to prevent them, the separate case. It, too, is being inves- Robin Nesbeda '04 met with Dr. tigated by both the Dean of Students Melanie Thompson and Physician 's Office and Waterville Police Dept. Assistant Jimmie Woodlee from the No information is available at this Health Center, as well as represen- We agreed that time. tatives from Waterville Emergency we can't become The victim has not yet decided Services to decide how best CER whether to press charges. The latter could service the Colby community the Health Center assault, which was not reported until in relation to available public at night. There the following weekend, occurred in a resources. campus residence hall. Ultimately, the group decided to are people in run CER during the same hours as Waterville that MFUSSA POUUN/THE COLOV ECHO the Health Center-8 a.m. to 8 p.m. ( Dog and chicken made the "The Cocks " hands down the most creative vessel at the Regatta. during the week, noon (o 4 p.m. oil" have that job. i ' ; : the weekends. As an extension of the Health Robin Nesbeda '04 Center, Nesbeda stressed, CER is Student Director of CER College 6 million dollars closer to new social neither an official service of the College nor are the trained members paid for their services rendered. group decided that the only practi- sciences and interdisciplinary studies building "Our role in terms of patient cal way (or CER to continue would care," she explained , "is as a sober be during hours that parallel those Colby and some of the things that it classes when I was there, but there's continues to be a great ambassador for outskler with Emergency Medical of the Health Center. By EMILY HONIG really needs going forward, you can't no question that Colby deserves even the College...Bill [Goldfarb( is a good FEATURES EDITOR Technician training. We've always "We mutuall y determined that the help but notice that facilities arc a bi g better facilities for the social sci- friend and a fellow trustee, so the fact been a club. We're basicall y just fat best way for CER to continue would part of that , and the places where the ences." Diamond said. that |Cioldfarb| and 1 are both involved the scene] to make an informed, be as we had last year — making following the announcement of students go and the teachers go are Along with social sciences and in this building, along with Sandy triage decision. We do whatever is the decision between the Health plans for the Colby Green last July, the reall y important ," Diamond said. interdisci plinary studies, the building [Maisel], is a huge plus." needed between the scene and (lie Center and the hospital ," Nesbeda Diamond Family Foundation , headed "This building will house the areas I will house (he Oak Institute for the "[The gift ) gives us significant hospital." said , "It 's not really helpful for us to by Robert I'i. Diamond '73 and his was interested in, the social sciences-l Study of Internati onal Human Ri ghts momentum with respect to the Combined strain from the trun- be running when [the Health wile, Jennifer, announced a gift of $6 majored in economics and I minored and the new Center for Public A ffairs fundraising for the new social sciences cated Health Center hours and (he million toward the construction of the in education. Because of the loca- and Civic Fngagement. and interdisciplinary studies building. multip le emergency calls during Continued on Page 3 new social sciences and interdiscipli- tion... 1 think it 's going to foster a lot of "The fact that the Center for Public By supplying the lead and naming the nary .studies building.