28. DUKE POLICE INVESTIGATOR DEFENDANTS. Collectively, Smith And
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28. DUKE POLICE INVESTIGATOR DEFENDANTS. Collectively, Smith and Stotsenberg, are referred to herein as the “Duke Police Investigator Defendants.” ___________________ 29. DUKE POLICE DEFENDANTS. Collectively, the Duke University Police Department, Duke Police Supervising Defendants, and the Duke Police Investigator Defendants, are referred to herein as the “Duke Police Defendants.” 2. Duke Officials Defendants a. Crisis Management Team Defendants 30. ROBERT K. STEEL is the Chairman of the Executive Committee of the Duke University Board of Trustees. In that capacity, Steel served in a supervisory and policymaking role for Duke University and all of its employees, agents, and constituent entities. In addition, upon information and belief, Steel directed the University’s “Crisis Management Team” (“CMT”) from its formation on March 25, 2006 onward. The CMT was formed to direct the University’s conduct in the investigation of Mangum’s false allegations. From time to time, Steel directed the conduct of the Duke Police Department in the investigation of Mangum’s false allegations of rape and sexual assault, and in this capacity, acted under color of state law. Upon information and belief, Steel is, and at all times relevant to this action, was a citizen and resident of Connecticut. 31. RICHARD H. BRODHEAD, Ph.D. is, and at all times relevant to this action, was the President of Duke University. As President, Brodhead was the Chief 13 Case 1:07-cv-00953 Document 2 Filed 12/18/2007 Page 1 of 379 Administrative Officer of the University. In that capacity, Brodhead served in a supervisory and policymaking role for Duke University and all of its employees, agents and constituent entities. Brodhead is responsible to the Board of Trustees. His responsibilities include supervising, managing, and governing the University; interpreting and carrying out the policies of the Board; presiding at meetings of the University faculty, where he enjoys unbridled authority to overrule the decisions of the faculty, so long as he states his reasons for doing so; and has exclusive standing to recommend individuals to the Trustees to hold the other offices of the University. Brodhead was a member of the University’s Crisis Management Team. Upon information and belief, Brodhead is, and at all times relevant to this action, was a citizen and resident of North Carolina. 32. PETER LANGE, Ph.D. is, and at all times relevant to this action, was the University’s Provost. In that capacity, Lange served in a supervisory and policymaking role for Duke University and all of its employees, agents, and constituent entities. Lange is the University’s Chief Academic Officer; his duties include directing the University’s academic operations and overseeing the University’s teaching and research missions. Lange was a member of the University’s Crisis Management Team. Upon information and belief, Lange is, and at all times relevant to this action, was a citizen and resident of North Carolina. 14 Case 1:07-cv-00953 Document 2 Filed 12/18/2007 Page 2 of 379 33. TALLMAN TRASK, III, Ph.D. is, and at all times relevant to this action, was the University’s Executive Vice President. In that capacity, Trask served in a supervisory and policymaking role for Duke University and all of its employees, agents, and constituent entities. Trask is the University’s Chief Financial and Administrative Officer; his duties include directing the University’s financial operations and overseeing the University’s central administrative services and capital projects. Trask was a member of the University’s Crisis Management Team. Upon information and belief, Trask is, and at all times relevant to this action, was a citizen and resident of North Carolina. 34. JOHN BURNESS is, and at all times relevant to this action, was the Senior Vice President for Public Affairs & Government Relations. In that capacity, Burness served in a supervisory and policymaking role for Duke University and all of the public relations employees, agents, and constituent entities. Burness’ duties include acting as the Official Spokesperson for the University, and as the University’s liaison to the Duke-Durham Partnership Campaign, and as primary liaison to the City of Durham and the Durham Police Department. Burness was a member of the University’s Crisis Management Team. Upon information and belief, Burness is, and at all times relevant to this action, was a citizen and resident of North Carolina. 35. LARRY MONETA, Ed.D. is, and at all times relevant to this action, was Vice President for Student Affairs. In that capacity, Moneta served in a supervisory and 15 Case 1:07-cv-00953 Document 2 Filed 12/18/2007 Page 3 of 379 policymaking role for Duke University and all of the public relations employees, agents and constituent entities. Moneta’s duties include supporting undergraduate students in their academic, social, personal, physical and emotional needs. Moneta was responsible for the welfare of all students, and for coordinating the University’s emergency responses. Moneta was a member of the University’s Crisis Management Team. Upon information and belief, Moneta is, and at all times relevant to this action, was a citizen and resident of North Carolina. 36. VICTOR J. DZAU, M.D. is, and at all times relevant to this action, was the Chancellor for Health Affairs, and President and Chief Executive Officer of Duke University Health Systems, Inc. In that capacity, Dzau served in a supervisory and policymaking role for Duke University Health Systems, Inc., all of its employees, agents, and constituent entities. Dzau’s duties include oversight of DUHS entities’ financial affairs, their prompt disclosure of threats to the health, safety and welfare of the public created by DUHS’s medical professionals, and those special powers and duties that are assigned to him by the President in his discretion. Dzau was a member of the University’s Crisis Management Team. Upon information and belief, Dzau is, and at all times relevant to this action, was a citizen and resident of North Carolina. 37. ALLISON HALTON was, at all times relevant to this action, the University Secretary. Halton is now retired from the University. At all times relevant to this action, Halton’s duties included the maintenance of all records of the University. 16 Case 1:07-cv-00953 Document 2 Filed 12/18/2007 Page 4 of 379 Further, Halton had all of those powers and duties specifically granted to her by President Brodhead, in his sole discretion. Halton was a member of the University’s Crisis Management Team. Upon information and belief, Halton is, and at all times relevant to this action, was a citizen and resident of North Carolina. ___________________ 38. CRISIS MANAGEMENT TEAM DEFENDANTS. Collectively, Brodhead, Lange, Trask, Burness, Moneta, Dzau, and Halton, are referred to herein as the “CMT Defendants.” b. Duke Administrator Defendants 39. KEMEL DAWKINS is, and at all times relevant to this action, was Vice President for Campus Services. At all times relevant to this action, Dawkins’ duties included supervising and directing operations of auxiliary services with facilities management, police, and capital assets. Dawkins reported directly to Duke University's Executive Vice President, Defendant Trask. Dawkins is, and at all times relevant to this action, was the direct supervisor of Graves, Drummond and the Duke Card Office. Dawkins also attended command staff retreats with the Duke Police Department. Upon information and belief, Dawkins is, and at all times relevant to this action, was a citizen and resident of North Carolina. 40. SUZANNE WASIOLEK is, and at all times relevant to this action, was the Assistant Vice President for Student Affairs and Dean of Students. Wasiolek 17 Case 1:07-cv-00953 Document 2 Filed 12/18/2007 Page 5 of 379 received her J.D. from N.C.C.U. and worked as a practicing attorney for 9 months. Upon information and belief, she has no experience in the practice of criminal law in North Carolina or any other jurisdiction. Her duties include assisting Vice President Moneta in carrying out his obligations to coordinate the University’s emergency responses. Upon information and belief, Wasiolek is, and at all times relevant to this action, was a citizen and resident of North Carolina. 41. STEPHEN BRYAN is, and at all times relevant to this action, was the Associate Dean of Students and Director of Judicial Affairs. Bryan’s responsibilities include actively collecting the Duke and Durham Police reports for indications of student misconduct, imposing discipline—unilaterally or through a student Judicial Board he selects and largely controls; keeping records of student incidents of misconduct; reporting those statistics to the Durham community and other agencies; and, relevant to the instant action, compiling the misleading and unreliable “data” upon which the Lacrosse Ad Hoc Review Committee drew its conclusions that misconduct on the part of members of the lacrosse team was disproportionate to that of other groups and the student body generally. Upon information and belief, Bryan is, and at all times relevant to this action, was a citizen and resident of North Carolina. 42. MATTHEW DRUMMOND is, and at all times relevant to this action, was the Senior Manager IT in Auxiliary Services and Head of the University’s Duke Card 18 Case 1:07-cv-00953 Document 2 Filed 12/18/2007 Page 6 of 379 Office. Upon information and belief, Drummond is, and at all times relevant to this action, was a citizen and resident of North Carolina. ___________________ 43. DUKE ADMINISTRATOR DEFENDANTS. Collectively, Dawkins, Wasiolek, Bryan, and Drummond, are referred to herein as the “Duke Administrator Defendants.” ___________________ 44. DUKE OFFICIALS DEFENDANTS. Collectively, Steel, the CMT Defendants, and the Duke Administrator Defendants, are referred to herein as the “Duke Officials Defendants.” 3. Duke SANE Defendants 45.