UNC Football Incident Heads To Student AG
UNC’s Office of Student Affairs has concluded its investigation into the incident that took place on August 4 at the Aloft Hotel on East 54 – and the matter is now in the hands of the student-led Honor Court.
The incident in question involved the UNC football team. Yahoo Sports first reported that walk-on redshirt freshman wide receiver Jackson Boyer claimed he’d been assaulted by several teammates, leaving him with a concussion. Accounts of the incident have varied – it’s been described as a hazing incident and as a fight over a girl, involving anywhere from two to 16 players. But head football coach Larry Fedora did suspend four players for the team’s first game of the season, for unspecified violations of team rules.
UNC’s Department of Public Safety confirmed this week that they did receive a report of an aggravated assault at the Aloft Hotel. DPS chief Jeff McCracken passed the information along to Chapel Hill Police, but a Chapel Hill PD spokesperson said they did not act on it because there was not enough information in the report.
The Office of Student Affairs undertook its own investigation, though, which wrapped up earlier this week. UNC released a statement which read in part:
“The Office of Student Affairs has completed its investigation. On Wednesday (Sept. 10), the Dean of Students and the Office of Student Conduct provided the results of that investigation to the Student Attorney General as the next step in the student-led Honor System. The Student Attorney General receives reports of possible student behavior violations and independently determines whether to file disciplinary charges.
“Because of the University’s commitment to protect the privacy rights of students and to protect the integrity of the ongoing process, the University will offer no additional comment at this time.”
WCHL will continue to follow this story as it develops.
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Honor Court Charges Against Gambill Dropped
CHAPEL HILL – Honor court charges against Landen Gambill have been dropped, according to a statement released by UNC Chancellor Holden Thorp on Thursday.
The sophomore was charged with breaking the honor code with disruptive and intimidating behavior. That charge was brought before the Honor Court by the man who Gambill accused of sexually assaulting her. He said the constant attention her case was getting by way of campus rallies and conversations caused him to be threatened even though she never publicly announced his name.
Gambill publicly announced that she believed the honor court charges were retaliation against her for constantly drawing attention to the way it handled her case. She said the honor court was underprepared and that students should not handle sexual assault charges.
UNC has since taken sexual assault review out of the control of the honor court.
An independent external review was conducted in March in regards to Gambill’s allegations of retaliation. Chancellor Thorp announced that the review conducted by Barbara Lee, a nationally recognized expert in handling sexual harassment grievances and a human resource management professor at Rutgers University — found no evidence that the University retaliated against the student.
However, Vice Chancellor for Student Affairs Winston Crisp—after consulting with campus colleagues, including Richard Myers, the chair of the Committee on Student Conduct and a professor in the School of Law, and Faculty Chair Jan Boxill about this issue—recommended no student should be charged with violating this section of the Honor Code until the Committee on Student Conduct can adequately evaluate the provision.
In his statement, Chancellor Thorp announced that he agreed and that the change was to take effect immediately.
He made it a point to announce that the decision of the University was not a challenge of the honor court and its processes, but instead a step to insure that all students are protected and treated fairly.
This ongoing issue comes at a time when colleges and universities nationally are dealing with the review of their sexual assault policies. UNC recently formed a special task force to review its current policies and form new ones. The 22-member panel meets every Wednesday and is chaired by the interim Title-IX coordinator, Christi Hurt. While the task force hopes to have a new policy in place in time for the start of the fall semester, it says it will take as much time that is needed to discuss the sensitive matter fully.
A Message From UNC Chancellor Holden Thorp
Dear Students, Faculty and Staff:
In March, we commissioned an independent, outside review following public allegations that the University retaliated by bringing an Honor Court charge against a student based on statements made about our response to sexual assault incidents and issues on campus.
We want to share new information with you about the results of this inquiry.
The review — conducted by Barbara Lee, a nationally recognized expert in handling sexual harassment grievances and a human resource management professor at Rutgers University — found no evidence that the University retaliated against the student.
This has been a difficult situation for the students involved, and it has led to me to carefully reexamine two issues: (1) how we can continue to protect our students’ right to free speech, and (2) the Honor Code provision dealing with disruptive or intimidating behavior that was the basis of the original charge.
This review brought into sharp focus concerns about this particular Honor Code provision. As a result, Vice Chancellor for Student Affairs Winston Crisp consulted with campus colleagues, including Richard Myers, the chair of the Committee on Student Conduct and a professor in our School of Law, and Faculty Chair Jan Boxill about this issue. Vice Chancellor Crisp recommended that no student should be charged with violating this section of the Honor Code until the Committee on Student Conduct can adequately evaluate the provision.
I agree with Vice Chancellor Crisp, and this change will take effect immediately. Honor System charges involving this provision of the Honor Code, including the case in question, will be dismissed.
This action is not a challenge to the important role of students in our Honor System, but is intended to protect the free speech rights of our students.
The Honor System is a Carolina tradition that dates back more than 100 years.
We are one of the last universities in the nation with a student-led Honor System, and our students have invested an impressive amount of effort in sustaining this tradition.
This situation has raised important issue that will deserve further discussion. While I will not be here to take part in those discussions, I am confident that all of you will work together to help develop solutions that work for the whole Carolina community.
This email is sponsored by: Office of the Chancellor
UNC To Suspend Honor Court Hearing Of UNC Student Pending External Review
CHAPEL HILL – UNC Chancellor Holden Thorp announced Tuesday that he has asked the Honor Court to suspend its hearing involving Landen Gambill.
The hearing was scheduled to take place some time in the next couple weeks and centers around complaints made by Gambill’s ex-boyfriend that she engaged in disruptive or intimidating behavior by continually referencing the fact that she was sexually assaulted. Gambill claims she never publicly announced her ex-boyfriend’s name.
Early this week, Gambill’s lawyer Henry Clay Turner, wrote a letter to Chancellor Thorp asking that the proceedings be dismissed. It also announced that Gambill filed a formal complaint with the Department of Education’s Office for Civil Rights claiming that she believed the University was retaliating against her for all the attention and now investigations she has brought to the University.
To see the letter from Turner to Chancellor Thorp, click here.
However the lawyer representing Gambill’s ex-boyfriend, John Gresham of Tin Fulton in Charlotte, says that can’t be true.
“The University had nothing to do with that. It was handled exactly like any other complaint,” Gresham said. “It was reviewed by a third-year law student which is exactly the way the Honor Court is supposed to work to determine if there is a basis for the charge. She determined there was a basis for the charge. So then it was in the Honor Court proceeding, exactly like any other Honor Court proceeding.”
“Ms. Gambill’s actions were affecting his ability to take full advantage of the education at Chapel Hill,” Gresham explained. “He was subject to comments, and threats of physical injury. He was facing signs across campus that said, ‘Intimidate Rapists.’”
“He was having to travel on campus with someone else to make sure that there was someone else there to observe what occurred and to also make sure that Ms. Gambill could not say in any way that he had interfered. He was under an obligation not to have contact with her. He changed a class so that he would not even be in the same area as her,” Gresham said.
Gresham says the University has to be sure it’s treating everyone justly.
“I can understand the University wanting to ensure that everything has been dealt with appropriately since the University has been under attack,” Gresham says. “However, whether the University is under attack or not, it still has its obligations to all of its students.”
Gresham told WCHL he would be in contact with the University immediately following the interview to ask what the suspension of the Honor Court proceedings mean.
Gambill’s complaint is the third filed with the OCR against UNC; it’s also investigating the University for the handling of sexual assault cases after a complaint was filed by Gambill and several other women including former assistant dean for students Melinda Manning, and for possible Clery Act violations. The Clery Act is a federal law that requires campuses to disclose crime statistics.
A representative from Turner’s office told WCHL the he would not be able to answer questions from the media via telephone due to the number of requests. She said he would be answering them via email, but WCHL has not yet gotten a response.
In part of a letter addressed to the UNC faculty, staff, and students, Chancellor Thorp said, “For several weeks, the University has grappled with how best to respond to a public claim of retaliation against the University while maintaining the autonomy and integrity of our Honor Court proceedings and the privacy of the individuals involved.”
To see the full letter from Chancellor Thorp, click here
Gambill’s Ex Protests Assault Charges, Alleges Harassment
CHAPEL HILL- While dozens of students gathered Friday on campus in support of sophmore Landen Gambill, a lawyer representing her ex-boyfriend sought to refute her accusation of rape.
According to the Daily Tar Heel, attorney John Gresham said his client has suffered from Gambill’s efforts to publicize the university’s handling of sexual assaults.
The un-named man filed charges with UNC’s Honor Court last week alleging that Gambill has engaged in disruptive and intimidating behavior.
Last spring the Honor Court reviewed Gambill’s allegation that she was assaulted by Gresham’s client. The court found him not guilty of sexual harassment, but did find him guilty of verbal harassment.
But Gresham says Gambill’s campaign to draw attention to the university’s handling of such cases is rehashing a matter that has been settled, and in doing so, tarnishes his client’s reputation.
If the Honor Court finds Gambill guilty, she could face a range of penalties, including expulsion.
Rally On UNC’s Campus Friday To Support Landen Gambill
CHAPEL HILL – A rally to support the dismissal of charges against UNC sophomore Landen Gambill will take place Friday afternoon.
All week, Gambill has been at the center of attention after she was informed last Friday that charges have been filed against her by her ex-boyfriend stating she has done damage to his character.
Gambill accused her ex-boyfriend of verbally and physically sexually assaulting her in the spring of 2012. The case was heard by the UNC Honor Court.
After the accused was found not guilty of rape, but guilty of verbal harassment, Gambill and others have been speaking out about how they feel UNC has not properly handled the case.
Policies have since changed and the Honor Court no longer hears cases of sexual assault. But, Gambill says that’s not enough.
And, with all the attention that has been given to her, Gambill’s ex-boyfriend says it has negatively affected the way he is able to function at UNC, therefore filing the complaint with the Honor Court.
Friday’s rally will likely speak to the fact that Gambill is now being punished for speaking out about being attacked. It will take place at 1:00 p.m. on UNC’s campus.
UNC SB President Says Charges Against Gambill Weren’t Started By Honor Court
CHAPEL HILL – UNC’s student body president Will Leimenstoll says the charges brought against sophomore Landen Gambill have gained lots of attention on campus.
“People are definitely frustrated, and understandably so,” Leimenstoll says. “(They’re) concerned about some of the allegations that have been put out there and kind of asking a lot of questions. I think that that’s completely reasonable. I think there’s definitely issues about sexual assault and safety on both UNC’s campus and pretty much campuses all across the country.”
Gambill has been charged by the UNC Honor Court with engaging in disruptive or intimidating behavior. The person who allegedly filed the complaint against Gambill was her ex-boyfriend who she says she has not named publicly throughout the entire process. When she presented her original case to the Honor Court in the spring of 2012, she named her assaulter, but all cases are private.
Leimenstoll says it’s important to know from where exactly the Honor Court charges come.
“The Attorneys General staff does decide whether the charge is worth investigating, but it’s my understanding they are not the ones who write up the charge or decide to charge someone,” Leimenstoll says.
The person who accused Gambill says she damaged his or her character by continuing to express it to the public. Late last month, Gambill and others who claimed to be sexually abused, held a press conference about how the University has been handling sexual assault cases.
At that press conference, while not focusing her attention on her attacker, she expressed the fact that she’s upset with how the University handled her case.
“The vast majority of the trial was spent on what I had done wrong or why I hadn’t left him earlier, why I was ever around him in the first place instead of why did he did this to me,” Gambill says. “So it was a really victim-blaming focus.”
Leimenstoll says the University has since made changes to its sexual assault polices.
“The student-run Honor Court system did indeed handle sexual assault cases at one time, but that’s been changed since Landen’s went through, in part because of that and in part because of a lot of other issues that are raised with students handling sexual assault cases,” Leimenstoll says. “I think that the Honor Court still does what it is meant to do very well.”
Gambill has commented on the fact that she believes these charges are in retaliation to her comments about the Honor Court. But, as Leimenstoll said, the Honor Court did not create the charges, only expressed that they will be investigated.
He says the Honor Court is simply a means for students to resolve issues they don’t want to take to a higher system.
“If they have a conduct case, they may not want to go through a criminal proceeding, but they do want some kind of justice,” Leimenstoll says. “I think that the Honor Court system is built to kind of handle that and support that because we want to make sure that students are cared for in the best way possible.”
And, Leimenstoll says charges brought against someone are not a sentencing.
“If they decide it’s worth investigating, that does not mean that they think that person is clearly guilty or clearly not guilty,” Leimenstoll says. “It means that they think there’s enough uncertainty that more information and perhaps some type of trial is indeed necessary to find out.”
In fact, a line from the note in which Gambill was informed that she was charged says “Please note that being charged with a violation does not imply guilt.”
Leimenstoll says it’s important to know processes are in place to be sure safety is upheld.
“The University does have a responsibility to protect every student here at Carolina,” Leimenstoll says. “That’s part of its job. I think its important that people keep that in mind that everyone deserves to be protected if they’re a student here at Carolina.”
UNC SB President Elect Says Confusion About Gambill Charges Fills Campus
CHAPEL HILL – The recent controversy surrounding UNC sophomore Landen Gambill has the University’s Student Body President elect pondering issues that he says need continued attention.
“I think things have already been put in place to suggest that the system’s changing,” Lambden says. “Hopefully that will indicate that the issue will be handled differently and more effectively in the future.”
Click here for the full story.
He was elected just more than a week ago to take over for Will Leimenstoll on April 2. Lambden says he has heard mixed emotions on campus about the situation.
“I think people are incredibly surprised about the charges that have been brought against Landen,” Lambden says. “I think some people are angry about the charges that have been brought against Landen. Other people are struggling to understand why it’s happened, and they’re struggling to understand where it’s coming from.”
A great bit of confusion seems to be at the heart of the matter. Was it the Honor Court that accused Gambill of engaging in disruptive or intimidating behavior? Or was it someone else? Possibly her ex-boyfriend?
“I think some of the confusion lies in the fact that not all students have a full understanding of the exact Honor Court procedure in these sorts of circumstances,” Lambden says. “There is some confusion around who has brought the charges and whether it’s the Honor Court that has brought the charges and is trying them as well. I think it’s something that the student government and the Honor Court is working very hard to try to make clear to people at the moment.”
In fact, all matters discussed by the Honor Court are confidential in nature. So, the person who officially filed the claim against Gambill cannot be announced.
Gambill actually believes it is the Honor Court attempting to get back at her for filing a complaint with the U.S. Department of Education’s Office for Civil Rights against the University and speaking out publicly about how, in her mind, the Honor Court was not prepared to oversee sexual assault cases.
Regardless of how the charges are settled against Gambill, Lambden says the root of the matter is still the most important going forward.
“We need to be looking to get input from students, from faculty, from staff, and from administrators into the writing of the policy so that we are in compliance with our obligations under federal law, but that we are representing and giving students what they need, deserve, and want from the sexual assault policy,” Lambden says.
Of course Lambden also feels it’s very important that the charges against Gambill are properly reviewed by the Honor Court.
Students Speak Out Against Honor Court Charges On UNC Sophomore
CHAPEL HILL – Students hanging out in “The Pit” on UNC’s campus Wednesday reacted with disappointment and shock at Landen Gambill being charged with the Honor Court infraction of engaging in disruptive or intimidating behavior.
Funmi Solar, a graduating senior who knows Gambill personally, notes that the charges bring the silencing and alienation of those who are oppressed on campus into the public eye.
She mentions that this victim-blaming system will leave a scar on UNC’s reputation.
“It’s just really sad—I’m a graduating senior this semester—to know that when I say UNC, people are going to say ‘Oh, the school that a woman got sexually assaulted in and now she’s getting punished for it’,” Solar says.
Solar says that Gambill’s case shows the misogyny that occurs within rape culture.
“Because it’s such a high crime against women, it’s kind of victim-blaming, and that comes from misogyny,” Solar says. “Because if I say I was robbed, I don’t think that people would not believe me. But if I said that I was raped, people would question what I was doing wrong.”
On a similar note, senior Katie Womble mentioned that the Honor Court case could discourage other assault victims from speaking out.
“It shows a lot of factors that you would see at other colleges across the country: that even if there’s some basis for investigating whatever Gambill did, it’s going to do far more damage than good in the long-run for other women on the campus,” Womble says.
Matt Poland, a master’s student at UNC, is also frustrated at the Honor Court’s decision to charge Gambill. He is sickened by the thought of Gambill’s potential punishment:
“If she is expelled, then she has been expelled from a public university essentially for being raped and not being quiet about it,” Poland says.
The Honor Court is run by members of the Student Body, and there is a faculty advisory committee if necessary. However, according to UNC spokesperson Karen Moon, the decision to charge Gambill is entirely up to the Student Attorneys General. So, when asked what the university could do to prevent another public controversy like this, the students answered as follows:
“I think [through] training, being culturally competent, and understanding that we live in a society where we’re bringing our biases to the Honor Court—I think it’s impossible to be 100% impartial,” Solar said. “But you have to confront the systems of oppression.”
“I still don’t know how much I think that the administration should intervene, other than maybe through back-channels putting pressure on the Honor Court to not make such a ludicrous, sexist miscarriage of justice,” Poland said.
UNC Issues Statement Regarding Landen Gambill, Honor Court Charges
Chancellor Thorp, University issue statements about Honor Court allegation
The University of North Carolina at Chapel Hill today (Feb. 26) issued comments from Chancellor Holden Thorp and a new statement about an Honor Court allegation:
Quote from Chancellor Holden Thorp:
“Student well-being is one of the most pressing issues in higher education today. The Carolina community cares deeply about all of our students, including both students in this specific matter. If we are to achieve the ultimate goal of eliminating sexual assault and violence from this campus, we must all work together.”
The University’s Honor System has been the subject of Internet commentary and media attention and some of its student members have received threats to their personal safety. Sexual assault evokes passionate responses and concerns. But it is important, particularly in a higher education community, to avoid judgment based upon speculation.
Here are facts. This University works hard to encourage students to come forward and report instances of sexual violence. No student has ever been disciplined for reporting a sexual assault or any Honor Code violation. Further, no University administrator filed or encouraged the filing of charges in this case; there is no retaliation by the University.
Because of concern for our students and their privacy we cannot discuss specifics of this or any student Honor Court case. This includes allegations involving a student who has made a claim about a fellow student.
The University has a long and cherished tradition of student government, led by students for the benefits and welfare of students. We can tell you that the Student Attorneys General have, and for many years have had, the authority to decide which cases to consider independent of administrators. Further, administrators may not encourage or prevent the Student Attorneys General from filing charges. When a member of the University community reports an Honor Code violation, the Student Attorneys General determine if the evidence warrants a hearing before the Honor Court under campus policies and procedures. In deciding to charge a student with an alleged violation, the Student Attorneys General carefully consider all available evidence. Because of faculty interest in strengthening the Honor System process, the University established – with Chancellor Thorp’s support – a faculty advisory committee to be available to the Student Attorneys General for consultation in difficult cases.
Throughout a student’s involvement with the student-led Honor System, an accused student receives a number of procedural rights, including the presumption of innocence, the presentation of evidence, and a fair and impartial hearing. After the hearing, if a student is found guilty of the charge, sanctioning decisions are made by the Honor Court after a thorough consideration of all of the evidence.
The Student Attorneys General, who have been involved with the Honor System for over two years, have been trained on making appropriate charge decisions in accordance with University procedures. We are confident in our students’ professionalism and commitment.
In January, the University retained Gina Smith, a nationally recognized lawyer and consultant on sexual misconduct issues, to help guide an open and transparent conversation about how the issue of sexual assault affects the campus and culture that is focusing on education and engagement. Smith, a former prosecutor, educator and consultant, has guided other campuses including Amherst on issues related to handling sexual assault complaints.
The work ahead of us is hard and the responsibility to get it right is daunting. We are committed to eliminating sexual assault and violence from our community. We encourage you to visit our website (http://campusconversation.web.unc.edu/) and to participate in the University’s efforts to engage students, faculty, staff and alumni on these issues.
UNC Student Faces Punishment For Speaking Out Against Sexual Assault Attacker
CHAPEL HILL – According to multiple sources, one of the students who recently charged UNC with mishandling her sexual assault case has been accused of breaking the Honor Code.
In the spring of 2012, Landen Gambill, a sophomore at UNC, told the Honor Court she was assaulted repeatedly by her ex-boyfriend. Sexual assault cases have been removed from the Honor Court’s jurisdiction as of the summer of 2012.
Last month, she filed a complaint with the U.S. Department of Education’s Office for Civil Rights against the University. Gambill and four others claimed that Carolina acted with insensitivity and carelessness when handling these cases.
Later, she told the Daily Tar Heel that speaking out about how UNC handled the case caused her ex-boyfriend to file a complaint that stated she negatively affected his future at Carolina; the Honor Court’s student attorney general has charged her with engaging in disruptive or intimidating behavior against him.
The Honor Court is a student-run process that has the ability to consult with a faculty advisory committee if necessary. However, UNC spokesperson Karen Moon says administrators may not encourage or prevent the Student Attorney Generals from filing charges in a specific case.
Gambill told the DTH she plans to plead not guilty to the charges. The Honor Court could issue a punishment of any level including up to expulsion, as the charges do not carry a set punishment.
On Tuesday, more than 200 students gathered at the Campus Y in support of dropping the charges against Gambill. The University recently released a statement that says the charges did not stem strictly from her explanation of the sexual assault, but the continued coverage that has brought increasing attention to the accused.
Other than Moon, officials at UNC were not available to comment on this matter; Gambill has not replied to repeated attempts of contact by WCHL.
There’s still some dispute, meanwhile, about what the Honor Code violation would entail. According to an article on the national blog Jezebel.com, Gambill “asked whether she could have violated the Honor Code simply by saying she was raped (and) the answer was yes.” But in an email response to an open letter from Carrboro Mayor Mark Chilton, Vice Chancellor Winston Crisp said that merely making an allegation of rape would never constitute an Honor Code violation—and if a student were charged with doing so, the University “certainly would not allow or support any charge of that nature.” (Chilton posted that exchange on the OrangePolitics blog; you can read the full exchange there.)