Yale professors won't be able to have sex with any undergraduate students on campus anymore. The policy, floated since 1983 by Yale Deputy Provost Charles Long, prohibits professors from any romantic relationship with any undergraduate student, not just those with students under their “direct pedagogical or supervisory responsibilities.”
The previous policy is still in place regarding professional/ graduate student and graduate/undergraduate relationships. Yale professionals, who thought such a policy was already in place, were consulted and gave positive feedback.
Such a policy was floated in the past, but nixed due to women students feeling that it would be paternalistic. Yale wanted one policy to cover all relationships. The policy now says undergraduates “are particularly vulnerable to the unequal institutional power inherent in the teacher-student relationship and the potential for coercion, because of their age and relative lack of maturity.”
Showing posts with label naughty professors. Show all posts
Showing posts with label naughty professors. Show all posts
Sunday, April 11, 2010
Saturday, March 6, 2010
Liberty University professor sentenced to 6 months for groping student in office
A former Liberty University professor was sentenced to 6 months in jail and 5 years suspended by a Lynchburg, VA judge Friday for molesting a 21 year old student of his. Joshua Young Moon, 45 and of Durham, NC, molested a then 21 year old student April 21 while she fell asleep during a massage in his office. Moon, her statistics professor, massaged her to relieve injuries suffered during a car crash.
Before being sentenced, Moon apologized to the woman, her family and his family and friends. Moon’s wife offered tearful testimony on his behalf during the hearing, saying she was still proud of him. She staggered when trying to return to her seat and had to be helped by a deputy.
Moon, 45, of Durham, N.C., said he did not intend to hurt the woman, and asked for forgiveness. He said his only hope now would be to live the rest of his life as a useful member of society. “I wish I could go back and do things differently,” he said.
His defense attorney, Randy Trost, said the "socially naive and sexually inexperienced" professor misinterpreted the woman's massage request and help she got on exams as welcoming the groping. He said that his client's psychological testing indicated a low likelihood of further sexual assaults.
Assistant Commonwealth’s Attorney Rebecca Wetzel said that Moon was a sexual predator because he used his influence to do the same thing to two victims present in the courtroom. "This defendant is a minister and held a position of trust and authority at Liberty University." She also said that Moon acted out the bondage and massage porn he stored and viewed on his computer at Liberty University. "The defendant took advantage of the fact he had a sleeping woman in his office to act out a pornographic act,” said Wetzel.
Judge Mosby Perrow ordered Moon, who was behind bars after pleading guilty on January 22, to pay for the woman's counseling, serve 2 years of supervised probation, and register as a sex offender and undergo sex offender treatment. He was also orderd to have no contact with the victim or children outside of his family. “If I could give you five years for what you’ve done to your wife, I would give you five years for that, too,” he said.
Before being sentenced, Moon apologized to the woman, her family and his family and friends. Moon’s wife offered tearful testimony on his behalf during the hearing, saying she was still proud of him. She staggered when trying to return to her seat and had to be helped by a deputy.
Moon, 45, of Durham, N.C., said he did not intend to hurt the woman, and asked for forgiveness. He said his only hope now would be to live the rest of his life as a useful member of society. “I wish I could go back and do things differently,” he said.
His defense attorney, Randy Trost, said the "socially naive and sexually inexperienced" professor misinterpreted the woman's massage request and help she got on exams as welcoming the groping. He said that his client's psychological testing indicated a low likelihood of further sexual assaults.
Assistant Commonwealth’s Attorney Rebecca Wetzel said that Moon was a sexual predator because he used his influence to do the same thing to two victims present in the courtroom. "This defendant is a minister and held a position of trust and authority at Liberty University." She also said that Moon acted out the bondage and massage porn he stored and viewed on his computer at Liberty University. "The defendant took advantage of the fact he had a sleeping woman in his office to act out a pornographic act,” said Wetzel.
Judge Mosby Perrow ordered Moon, who was behind bars after pleading guilty on January 22, to pay for the woman's counseling, serve 2 years of supervised probation, and register as a sex offender and undergo sex offender treatment. He was also orderd to have no contact with the victim or children outside of his family. “If I could give you five years for what you’ve done to your wife, I would give you five years for that, too,” he said.
Saturday, July 4, 2009
Massachusetts House Bill 1246 seeks to criminalize teacher/student sex - and much, much more
There is a bill in Massachusetts which seeks to criminalize teacher student sex when the teacher seduces a high school student over 16. Supporters of the bill, Massachusetts House Bill 1246, cite a female teacher who only lost her job when having sexual relationships with a minor between 16 and 18. Snce the current AOC is 16, students over 16 are considered fair sexual game.
While ostensibly focused on protecting high school students from predatory teachers, House Bill 1246 does much more than that. It criminalizes sex between social workers, mental health practitioners and clients, and college/university professors and students. Most of these are considered legal adults. The full text of this bill is below:
Section 21A. Any person who is employed by a public or private school or institution of higher learning, the department of youth services, the department of social services, the department of mental health, the department of mental retardation or any private institution providing services to clients of such departments and who in the course of such employment or contract with a pupil or client of such departments or institutions within or outside of any facility thereof or a pupil or client under the direct custodial supervision and control of such person or another person, a pupil or client shall be deemed incapable of consent to sexual relations with such person.
For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.
Brian's Opinion
I believe that while prohibiting sex between social workers and clients or professors and students is admirable, in most cases, these relationships are between two consenting adults. While it can be argued that consent between adults can be coerced, the existing sexual harassment statutes and institutional policies, if enforced, can handle claims among adults.
While ostensibly focused on protecting high school students from predatory teachers, House Bill 1246 does much more than that. It criminalizes sex between social workers, mental health practitioners and clients, and college/university professors and students. Most of these are considered legal adults. The full text of this bill is below:
Section 21A. Any person who is employed by a public or private school or institution of higher learning, the department of youth services, the department of social services, the department of mental health, the department of mental retardation or any private institution providing services to clients of such departments and who in the course of such employment or contract with a pupil or client of such departments or institutions within or outside of any facility thereof or a pupil or client under the direct custodial supervision and control of such person or another person, a pupil or client shall be deemed incapable of consent to sexual relations with such person.
For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.
Brian's Opinion
I believe that while prohibiting sex between social workers and clients or professors and students is admirable, in most cases, these relationships are between two consenting adults. While it can be argued that consent between adults can be coerced, the existing sexual harassment statutes and institutional policies, if enforced, can handle claims among adults.
Tuesday, December 9, 2008
British university revewing professor student sex policies after nervous breakdown of 30-something student
A university is reviewing its policy on relationships between staff and students after an undergraduate had an abortion and a nervous breakdown following an affair with a lecturer.
By Alastair Jamieson Last Updated: 5:07PM GMT 07 Dec 2008
Warwick University is considering its stance in the wake of the romance between law professor Istvan Pogany, 57, and a mature student in her 30s.
The human rights expert began a relationship with the woman following the death of his wife.
The affair started in 2007 and the pair travelled abroad on holiday together. When the couple informed the university about their relationship, it advised the professor not to flaunt the affair or mark her papers.
The student fell pregnant in earlier this year and agonised over whether to have an abortion.
She is said to have cancelled a series of appointments before finally going through with a surgical termination and taking the remains home in a conical flask for a proper burial.
The burial is said to have taken place in the professor's back garden at his home in Stratford-upon-Avon.
The affair led to an internet gossip campaign among students and staff and two website petitions, one praising Professor Pogany as a brilliant academic and another that accused him of abusing his position of power. Both online petitions have been removed.
The Hungarian-born lecturer, who teaches Human Rights and international law, is currently abroad on arranged study leave and is not due back to Warwick University until the beginning of January. When contacted for comment, he answered in Hungarian.
The student said: "I just want to put this behind me."
In a statement, Warwick University said: "The university is aware of a relationship between Professor Pogany and a student. We are aware that some institutions within the UK are moving towards the establishment of a code of conduct in respect of such matters and this is also presently under review at Warwick.
"We are mindful that the people involved are both adults and the university has to take this into account in the way it responds both to the situation itself, and also to enquiries about that situation.
"We take our responsibilities to both our students and staff very seriously.
"We are seeking to support and advise both the student and the member of staff. It is not possible to for us comment further without breaching the privacy of those individuals concerned."
By Alastair Jamieson Last Updated: 5:07PM GMT 07 Dec 2008
Warwick University is considering its stance in the wake of the romance between law professor Istvan Pogany, 57, and a mature student in her 30s.
The human rights expert began a relationship with the woman following the death of his wife.
The affair started in 2007 and the pair travelled abroad on holiday together. When the couple informed the university about their relationship, it advised the professor not to flaunt the affair or mark her papers.
The student fell pregnant in earlier this year and agonised over whether to have an abortion.
She is said to have cancelled a series of appointments before finally going through with a surgical termination and taking the remains home in a conical flask for a proper burial.
The burial is said to have taken place in the professor's back garden at his home in Stratford-upon-Avon.
The affair led to an internet gossip campaign among students and staff and two website petitions, one praising Professor Pogany as a brilliant academic and another that accused him of abusing his position of power. Both online petitions have been removed.
The Hungarian-born lecturer, who teaches Human Rights and international law, is currently abroad on arranged study leave and is not due back to Warwick University until the beginning of January. When contacted for comment, he answered in Hungarian.
The student said: "I just want to put this behind me."
In a statement, Warwick University said: "The university is aware of a relationship between Professor Pogany and a student. We are aware that some institutions within the UK are moving towards the establishment of a code of conduct in respect of such matters and this is also presently under review at Warwick.
"We are mindful that the people involved are both adults and the university has to take this into account in the way it responds both to the situation itself, and also to enquiries about that situation.
"We take our responsibilities to both our students and staff very seriously.
"We are seeking to support and advise both the student and the member of staff. It is not possible to for us comment further without breaching the privacy of those individuals concerned."
Monday, August 18, 2008
Two University of Missouri - Kansas City professors resign rather than face stripping of tenure and firing
Psychology professors S. Carlos Poston II and C. Keith Haddock, University of Missouri-Kansas City professors accused of sexual harassment, resigned last week Monday because they ran out of money to defend themselves from an internal procedure which would have led to revocation of tenure and dismissal from the university.
Both denied sexually harassing a former graduate student and a faculty member, creating a hostile environment in the psychology lab they oversaw. Poston said, “I did not resign because I was guilty of anything. I resigned because I was told that was the only way to get a letter that says I didn’t do it.”
Linda Garavalia, a victim and associate professor of psychology at UMKC, was surprised by the resignations, but stated that giving up tenure is a sign of guilt.
“I thought they would fight it out. If you weren’t guilty, then why not go through with it. If there was no evidence against them, then what would it cost? What would they have to defend against? I would never give up my tenure if I were innocent.”
The other woman, Megan Pinkston-Camp, was not available for comment. She was a graduate student when the suit was filed and now is a clinical psychologist doing post-doctoral work at Brown University.
The university settled the $1.1 million lawsuit in June 2007. The suit, filed a year earlier, claimed that women were groped and fondled and subjected to explicit sexual conversations and that the two male professors had physically threatened people in the lab.
Garavalia and Pinkston-Camp had complained to the their department chairman in 2004 and later to the UMKC affirmative action office, which led to an order for the professors to implement a risk management plan. Later, the professors were granted tenure and given raises — from $76,707 to $101,707 for Poston and from $75,876 to $93,376 for Haddock.
Haddock tried to file two record requests to gain access to the report, but “I wanted the truth to come out. I thought it would exonerate me. But we still haven’t seen it, and now I don’t think we ever will.”
Karen R. Glickstein, lawyers for both accused, received a letter from university lawyers suggesting that resignation would lead to avoidance of internal discipline and the chance to receive the draft of the findings. That draft came in the form of a letter by Grace Hernandez, former affirmative director, currently chief of staff in UMKC.
Both denied sexually harassing a former graduate student and a faculty member, creating a hostile environment in the psychology lab they oversaw. Poston said, “I did not resign because I was guilty of anything. I resigned because I was told that was the only way to get a letter that says I didn’t do it.”
Linda Garavalia, a victim and associate professor of psychology at UMKC, was surprised by the resignations, but stated that giving up tenure is a sign of guilt.
“I thought they would fight it out. If you weren’t guilty, then why not go through with it. If there was no evidence against them, then what would it cost? What would they have to defend against? I would never give up my tenure if I were innocent.”
The other woman, Megan Pinkston-Camp, was not available for comment. She was a graduate student when the suit was filed and now is a clinical psychologist doing post-doctoral work at Brown University.
The university settled the $1.1 million lawsuit in June 2007. The suit, filed a year earlier, claimed that women were groped and fondled and subjected to explicit sexual conversations and that the two male professors had physically threatened people in the lab.
Garavalia and Pinkston-Camp had complained to the their department chairman in 2004 and later to the UMKC affirmative action office, which led to an order for the professors to implement a risk management plan. Later, the professors were granted tenure and given raises — from $76,707 to $101,707 for Poston and from $75,876 to $93,376 for Haddock.
Haddock tried to file two record requests to gain access to the report, but “I wanted the truth to come out. I thought it would exonerate me. But we still haven’t seen it, and now I don’t think we ever will.”
Karen R. Glickstein, lawyers for both accused, received a letter from university lawyers suggesting that resignation would lead to avoidance of internal discipline and the chance to receive the draft of the findings. That draft came in the form of a letter by Grace Hernandez, former affirmative director, currently chief of staff in UMKC.
Wednesday, March 19, 2008
False rape victim gets probation for charges
One must remember that for every false rape report, there are 20 credible rape reports, and 60 rapes which occured, but have either never been reported to the police, or worse, reports which have been deemed unfounded. In this case, while the perpetrator must be punished, one must remember that she is a true CSA victim and that her grandfather did go to prison for child rape.
A 22 year old woman has been ordered to spend a year in jail, with all but 8 days suspended, pay a $5000 fine with most of it suspended, perform community service and pay the professor's attorney's fees. Katherine Clifton, formally of Woodinville, WA was officially convicted and sentenced to making false statements to a public servant.
King County District Court Judge Peter Nault said the case saddened him and led to the castigation of the professor, who stated through a filing that though he has his job back, the experience (and court charges) will always stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever."
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
The investigation started after Clifton met with a detective and stated that the professor was stalking and trying to exchange grades for sex between March and July. On July 10, detectives contacted the professor and who acknowldged sending e-mails, denied seeing Clifton off campus. The professor was charged with 1st degree rape among other charges on July 12, with bond set at $500,000 dollars.
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
Clifton admitted making up legal documents relating to the case and the false rape charges on July 25, with all charges being dropped July 26. Charges were filed against Clifton on July 27.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
A 22 year old woman has been ordered to spend a year in jail, with all but 8 days suspended, pay a $5000 fine with most of it suspended, perform community service and pay the professor's attorney's fees. Katherine Clifton, formally of Woodinville, WA was officially convicted and sentenced to making false statements to a public servant.
King County District Court Judge Peter Nault said the case saddened him and led to the castigation of the professor, who stated through a filing that though he has his job back, the experience (and court charges) will always stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever."
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
The investigation started after Clifton met with a detective and stated that the professor was stalking and trying to exchange grades for sex between March and July. On July 10, detectives contacted the professor and who acknowldged sending e-mails, denied seeing Clifton off campus. The professor was charged with 1st degree rape among other charges on July 12, with bond set at $500,000 dollars.
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
Clifton admitted making up legal documents relating to the case and the false rape charges on July 25, with all charges being dropped July 26. Charges were filed against Clifton on July 27.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
Thursday, February 14, 2008
Professor sentenced to 3.5 to 7 year sentence for rape
A professor, initially placed on house arrest, was resentenced to between 3.5 and 7 years in prison for drugging, then raping a then 23 year old woman in 2002 who was the niece of a college friend after showing her around campus. He pleaded no contest to sexual assault and marijuana possession back in 2004.
"I mistook your trust and openness for physical attraction," he said.
McIntosh had taken the woman out for several drinks in September 2002 until she became ill and vomited. He then brought her back to his Penn office, gave her marijuana, put her on a couch and raped her, prosecutors say.
McIntosh, 54, of Media, is married and has two daughters not much younger than the victim. He said he had pleaded only because of a deal that would allow him to avoid jail time. In March 2005, he was sentenced to house arrest. Prosecutors, however, said they had no such deal and appealed the sentence. A state appeals court agreed, saying the judge had treated McIntosh more like a "school boy" than a criminal.
Common Pleas Court Judge Pamela Pryor Dembe, while sentencing McIntosh, compared the sexual assault of his friend’s niece to child molestation.
"It's breathtaking in its vileness. I can think of no circumstance in which it is appropriate to victimize a child who's the next best thing to a relative."Judge Dembe refused a defense request to withdraw his guilty plea, and immediately revoked McIntosh’s bail after sentencing.
The 28-year-old victim, now a fourth-year veterinary student at Penn, watched as McIntosh was handcuffed and taken to jail. He acknowledged "inappropriate" and "shameful" behavior, but denied drugging or raping her.A string of character witnesses -- neighbors, church friends, a colleague and McIntosh's wife, Cynthia -- described McIntosh in 2002 as an arrogant, self-centered philanderer.
But they said he had transformed himself during his five-year legal battle, when McIntosh spent six months on house arrest and picked up trash as part of a community service requirement. They suggested that the ordeal had been just as harrowing for him as for the victim.
"Are you telling me that no one ever encourages a man and then regrets it later?" neighbor Deborah B. Sloman testified. The victim, sobbing, ran from the courtroom.The prolonged case has forced the victim's parents and uncle to repeatedly fly to Philadelphia for several rounds of court hearings.
"What you did was to rape a vomiting, incapacitated 23-year-old girl who looked at you like a mentor," the victim testified."There's no way I would be here five years after the fact ... if that had not happened," she said. She said she came forward to prevent McIntosh from attacking any other women.
The victim filed a civil suit against him in 2002, where she found out from other reports that numerous women complained about McIntoshe’s sexual advances.
The civil suit, which also named McIntosh and several university officials as defendants, was settled confidentially.
The victim charged in the suit that she pursued criminal charges after the university failed to act on an internal complaint. Penn forced McIntosh, head of its Head Injury Research Center, to resign after his no-contest plea.McIntosh plans to appeal Dembe's decision not to let him revoke his plea. He previously worked at Boston University, the University of California at San Francisco and the University of Connecticut.
"I mistook your trust and openness for physical attraction," he said.
McIntosh had taken the woman out for several drinks in September 2002 until she became ill and vomited. He then brought her back to his Penn office, gave her marijuana, put her on a couch and raped her, prosecutors say.
McIntosh, 54, of Media, is married and has two daughters not much younger than the victim. He said he had pleaded only because of a deal that would allow him to avoid jail time. In March 2005, he was sentenced to house arrest. Prosecutors, however, said they had no such deal and appealed the sentence. A state appeals court agreed, saying the judge had treated McIntosh more like a "school boy" than a criminal.
Common Pleas Court Judge Pamela Pryor Dembe, while sentencing McIntosh, compared the sexual assault of his friend’s niece to child molestation.
"It's breathtaking in its vileness. I can think of no circumstance in which it is appropriate to victimize a child who's the next best thing to a relative."Judge Dembe refused a defense request to withdraw his guilty plea, and immediately revoked McIntosh’s bail after sentencing.
The 28-year-old victim, now a fourth-year veterinary student at Penn, watched as McIntosh was handcuffed and taken to jail. He acknowledged "inappropriate" and "shameful" behavior, but denied drugging or raping her.A string of character witnesses -- neighbors, church friends, a colleague and McIntosh's wife, Cynthia -- described McIntosh in 2002 as an arrogant, self-centered philanderer.
But they said he had transformed himself during his five-year legal battle, when McIntosh spent six months on house arrest and picked up trash as part of a community service requirement. They suggested that the ordeal had been just as harrowing for him as for the victim.
"Are you telling me that no one ever encourages a man and then regrets it later?" neighbor Deborah B. Sloman testified. The victim, sobbing, ran from the courtroom.The prolonged case has forced the victim's parents and uncle to repeatedly fly to Philadelphia for several rounds of court hearings.
"What you did was to rape a vomiting, incapacitated 23-year-old girl who looked at you like a mentor," the victim testified."There's no way I would be here five years after the fact ... if that had not happened," she said. She said she came forward to prevent McIntosh from attacking any other women.
The victim filed a civil suit against him in 2002, where she found out from other reports that numerous women complained about McIntoshe’s sexual advances.
The civil suit, which also named McIntosh and several university officials as defendants, was settled confidentially.
The victim charged in the suit that she pursued criminal charges after the university failed to act on an internal complaint. Penn forced McIntosh, head of its Head Injury Research Center, to resign after his no-contest plea.McIntosh plans to appeal Dembe's decision not to let him revoke his plea. He previously worked at Boston University, the University of California at San Francisco and the University of Connecticut.
Sunday, February 3, 2008
Pennsylvania professor sentenced to 2.5 to 5 years in prison
A former Eastern Stroudsburg University (PA) professor is facing deportation and a lawsuit from his victim after his sentence of 30 to 60 months in prison for the sexual assault of a 19 year old student. Richard Nyamwange, 51, also faces five years of probation for a second charge of indecent assault, according to the Monroe County District Attorney's office.
On Nov. 22, 2006, he invited [the victim] to lunch and told her he would hand her a check for office work she had done for him. After lunch, he told her the check was at his home and had her follow him there.
At the house, he told her he had to go back out to get money from an ATM to pay her. He had her wait in his bedroom and left.
A short time later, he came back into the bedroom and wrote out a check. As he was about to hand it to her, he “fell” into her, knocking her onto the bed, and sexually assaulted her.
He ejaculated into his hand and then when into the bathroom, at which point she left the bedroom. As she was exiting the house, he caught up to her and handed her cash, which she threw back at him. She then left.
In Nyamwange’s version of the story, she was the one who came on to him. A neighbor and her son-in-law testified for the defense that they saw Nyamwange and a young woman outside his home and that the woman appeared not to be in any distress.
The prosecution pointed out that the time the defense witnesses claimed they saw Nyamwange and this woman does not match the time frame of the circumstances surrounding the sexual assault.
Family members stood by Nyamwange, including his wife Monica and his son Joseph.
“He has four boys who need him. He came a long way from poor roots. He lost an older sister last year. This whole thing has been devastating. His parents have been displaced by political turmoil (in Kenya).The family has been affected emotionally. If he goes away to prison, I’ll have to raise (our youngest son) on one income.”
“After all the media coverage, after hearing random students call my father a rapist, after his conviction, it’s been faith that’s kept me going,” he said. “For me and my brothers, this is a moment in our lives when our father’s presence in our family is pivotal to us. I have faith that the court will see my father is a good man. He’s my personal hero.”
Others called Nyamwange an inspirational role model to many who know him, a man who does what he can to support his blind father and sick mother in Kenya.
“There’s not a single female on campus who can testify that Richard ever looked at them in an inappropriate way,” said Mamadou Kane, an associate professor of economics at ESU.
Defense attorney James Swetz requested a lenient sentence, citing the fact that Nyamwange has no prior criminal record and the support of family and friends, evident in more than 100 letters written to the court on his behalf. Swetz added that Nyamwange has not been charged with any other offenses since this case began, that he is not a sexually violent predator and that he is not likely to commit another offense.
Monroe County Court Judge Margherita Worthington later noted the victim herself in a letter to the court requested leniency for Nyamwange while expressing the pain his actions have caused her and her family.
“This is an extremely troubling case,” the judge said. “Here is a man for whom this was aberrant behavior.
“While I am sympathetic to his family, there are two sides affected here,” she said. “Only one person is responsible and that’s the defendant. But for his actions, his own family would not be affected.”
The judge did not find a probationary sentence, as requested by Swetz, to be an appropriate punishment. As a result, Nyamwange will spend at least the next two and a half years in state prison.
“His supporters believe he is a good person. The victim, too, believed this. She believed she had nothing to fear. He took advantage of her trust. She told him "no" and he kept going. We can’t blame her for being naive enough to think she was safe.”
Worthington commented on the difficulty of trying to fashion a sentence which reflects both Nyamwange's sexual assault as a reprehensible crime and his previous good character.
The judge also denied the defense’s request to allow Nyamwange to remain free on bail, meaning he wouldn’t have to be in state prison, pending his appeal of the jury conviction. The judge disagreed with Swetz’s argument that Nyamwange has no incentive to be a flight risk now that he has been convicted.
On Nov. 22, 2006, he invited [the victim] to lunch and told her he would hand her a check for office work she had done for him. After lunch, he told her the check was at his home and had her follow him there.
At the house, he told her he had to go back out to get money from an ATM to pay her. He had her wait in his bedroom and left.
A short time later, he came back into the bedroom and wrote out a check. As he was about to hand it to her, he “fell” into her, knocking her onto the bed, and sexually assaulted her.
He ejaculated into his hand and then when into the bathroom, at which point she left the bedroom. As she was exiting the house, he caught up to her and handed her cash, which she threw back at him. She then left.
In Nyamwange’s version of the story, she was the one who came on to him. A neighbor and her son-in-law testified for the defense that they saw Nyamwange and a young woman outside his home and that the woman appeared not to be in any distress.
The prosecution pointed out that the time the defense witnesses claimed they saw Nyamwange and this woman does not match the time frame of the circumstances surrounding the sexual assault.
Family members stood by Nyamwange, including his wife Monica and his son Joseph.
“He has four boys who need him. He came a long way from poor roots. He lost an older sister last year. This whole thing has been devastating. His parents have been displaced by political turmoil (in Kenya).The family has been affected emotionally. If he goes away to prison, I’ll have to raise (our youngest son) on one income.”
“After all the media coverage, after hearing random students call my father a rapist, after his conviction, it’s been faith that’s kept me going,” he said. “For me and my brothers, this is a moment in our lives when our father’s presence in our family is pivotal to us. I have faith that the court will see my father is a good man. He’s my personal hero.”
Others called Nyamwange an inspirational role model to many who know him, a man who does what he can to support his blind father and sick mother in Kenya.
“There’s not a single female on campus who can testify that Richard ever looked at them in an inappropriate way,” said Mamadou Kane, an associate professor of economics at ESU.
Defense attorney James Swetz requested a lenient sentence, citing the fact that Nyamwange has no prior criminal record and the support of family and friends, evident in more than 100 letters written to the court on his behalf. Swetz added that Nyamwange has not been charged with any other offenses since this case began, that he is not a sexually violent predator and that he is not likely to commit another offense.
Monroe County Court Judge Margherita Worthington later noted the victim herself in a letter to the court requested leniency for Nyamwange while expressing the pain his actions have caused her and her family.
“This is an extremely troubling case,” the judge said. “Here is a man for whom this was aberrant behavior.
“While I am sympathetic to his family, there are two sides affected here,” she said. “Only one person is responsible and that’s the defendant. But for his actions, his own family would not be affected.”
The judge did not find a probationary sentence, as requested by Swetz, to be an appropriate punishment. As a result, Nyamwange will spend at least the next two and a half years in state prison.
“His supporters believe he is a good person. The victim, too, believed this. She believed she had nothing to fear. He took advantage of her trust. She told him "no" and he kept going. We can’t blame her for being naive enough to think she was safe.”
Worthington commented on the difficulty of trying to fashion a sentence which reflects both Nyamwange's sexual assault as a reprehensible crime and his previous good character.
The judge also denied the defense’s request to allow Nyamwange to remain free on bail, meaning he wouldn’t have to be in state prison, pending his appeal of the jury conviction. The judge disagreed with Swetz’s argument that Nyamwange has no incentive to be a flight risk now that he has been convicted.
Wednesday, January 9, 2008
Shrink assaults 6 patients, former student while working for Santa Barbara County and local college
(Originally posted 11-21-07)
Fernando Cordero, 65, was arrested on suspicion of raping a 44 year old parient while he worked for Santa Barbara Alcohol, Drug, and Mental Health Services, sheriff's officials said November 15th.
According to the Santa Maria Times,
The woman, who is now in County Jail on theft charges, told investigators late last month that she was coerced into a sexual relationship with Cordero more than three years ago, when she was his patient at a county ADMHS facility on Foster Road in Santa Maria. He allegedly told her he would put her in jail if she did not comply with his sexual demands.
During the investigation, another former patient of Cordero also came forward with allegations that he had propositioned her to have sex and had physically accosted her, a sheriff's spokesman said.
Cordero apparently “has targeted Hispanic females with past abuse, mental health issues and questionable legal status in the United States,” added Sgt. Erik Raney.
Cordero was jailed on suspicion of committing rape under color of authority and subsequently released, after posting $100,000 bail. No information was available about when his court arraignment is scheduled.
Detectives believe that there may be others victimized by Cordero. Sexual assault of patients, according to this website, may occur in as many as 12% of the male psychologist population.
Local Psychologist Booked On Suspicion Of Raping Patient
(Update 12-2-07) It looks like another victim has been found. Cordero was released, and then rearrested November 30th after a fourth patient claimed he coerced her into sex. "We found a fourth victim that alleged she was coerced into a physical relationship with Dr. Cordero spanning several years. Based on that and some credible information we received, he was planning on fleeing the country because of these allegations," said Santa Barbara Sheriff's Department Sgt. Erik Raney. Cordero is being held on $250,000 bond.
(Update 1-9-08) Three more victims have been found, bringing the total to seven. and Cordero faces a dozen charges of rape. One of the victims was a former student of his.
An Allan Hancock College spokeswoman confirmed the former court appointed psychologist taught courses there. That included human sexuality, psychology, and race and ethnic relations, from Spring 2005 and Fall 2007.
This news, a shock to education student, Heather Brown.
"It's really creepy, to know that there's a teacher here that could possibly be doing that kind of stuff," Brown said. "It's kind of scary, but I'm glad I wasn't in his classes."
"I think there's a potential for more victims, and I hope if there are, that they call the Sheriff's Department and come forward and report because it's very important that we stop him from any future victims," [District AttorneyAnn]Bramsen said.
Bail was raised to $1.2 million from $250,000 by Judge Zel Canter.
Sunday, December 23, 2007
Professor gets off (in both senses of the word) for sexual encounter with student
A former Illinois State University professor was acquitted of official misconduct after a bench trail because the judge ruled that while the relationship between the married professor and the then 21 year old student was unethical and immoral, but also that the professor was not in a position to influence that woman's grade. "It’s not a question of the morality of this relationship but the legality of it,” Judge Kevin Fitzgerald said in the decision.
According to the Pantagraph:
Michael Forbes, a former associate professor in the ISU music department, was accused of convincing a student to perform a sex act on him on April 22, 2006, after she came to his home to baby sit for his child.
Prosecutors contend Forbes sought the sexual activity in return for his arranging music performances for the student, who was 21 at the time of the incident. Judge Kevin Fitzgerald ruled that insufficient evidence existed to show a connection between Forbes’ official duties at the university and the sexual activity.“There needs to be a nexus, a connection, between his official capacity and the alleged act,” the judge said.Evidence at the bench trial showed Forbes was not in a position to influence the woman’s grade.“It’s not a question of the morality of this relationship but the legality of it,” Fitzgerald said in the decision.
Forbes, who is married, admitted adultery when having sexual contact with the 21-year old student. “I do believe that I’ve committed adultery and for that I’ll always be sorry,” he said. The music professor also said that he was trying to regain his reputation, and that an contract with a North Carolina university was rescinded after Normal police told his prospective employer of the charges. “I have a lot of things to solve in the court of public opinion before I can put the pieces back together. There’s been a lot of damage done in the court of public opinion.”
More from the Pantagraph:
According to Forbes, the April 22 incident began when the woman asked Forbes if he wanted to see a tattoo located below her navel. Forbes said he kissed the tattoo and the two engaged in sexual activity before he left for a recital.
"Not once on April 22 did I utter the words ‘you owe me,’” to the student, Forbes testified. Assistant State’s Attorney Jane Foster argued that Forbes exploited his position to obtain sexual favors from the student. “The only reason they had interaction with each other was because he was a professor and she was a student at Illinois State University,” Foster said.Foster called suggestions that the sexual activity was consensual “incredulous, at best.”
The prosecutor also pointed out that Forbes asked the woman to keep the relationship confidential because of the harm a disclosure could mean for his career and family. Foster praised the student’s decision to file the complaint against the professor.“What’s important here is the victim came forward and made a report. She’s to be commended for that,” Foster said after the acquittal. A civil lawsuit filed by the student is pending against Forbes and ISU in federal court.
ISU is being sued for $500,000, and Forbes is being sued for $100,000. The federal trial is scheduled for 2009.
This was not the 1st time than an ISU professor faced criminal charges over sexual activity with a college student and was acquitted.
In May, former ISU theatre professor Patrick O’Gara was acquitted by a judge of battery and official misconduct charges for kissing a student who said the attention was unwanted.
Brian's opinion - My opinion about this case will be shown in the next posting. Here a a few of the over three dozen comments for this article: The comments I agree with I've shown below:
"Whatever price this educator pays he deserves. Along with being an educator goes the responsibility of leadership. He holds a position of trust to be revered by students. Every relationship between an educator and a student should be based on dignity, respect and above all high moral character. Mr Forbes chose to degrade his family, his unversity , his peers, and most of all the students when he engaged in adultery with a young female student. No law was broken since he did not force this young lady into doing anything, but the moral character of this educator is definitely in question. I question if this professor has the qualities we need in higher education professors. "
"... At either level, high school or college, it is ethically wrong (and in case of HS, legally) wrong to have sex with students."
According to the Pantagraph:
Michael Forbes, a former associate professor in the ISU music department, was accused of convincing a student to perform a sex act on him on April 22, 2006, after she came to his home to baby sit for his child.
Prosecutors contend Forbes sought the sexual activity in return for his arranging music performances for the student, who was 21 at the time of the incident. Judge Kevin Fitzgerald ruled that insufficient evidence existed to show a connection between Forbes’ official duties at the university and the sexual activity.“There needs to be a nexus, a connection, between his official capacity and the alleged act,” the judge said.Evidence at the bench trial showed Forbes was not in a position to influence the woman’s grade.“It’s not a question of the morality of this relationship but the legality of it,” Fitzgerald said in the decision.
Forbes, who is married, admitted adultery when having sexual contact with the 21-year old student. “I do believe that I’ve committed adultery and for that I’ll always be sorry,” he said. The music professor also said that he was trying to regain his reputation, and that an contract with a North Carolina university was rescinded after Normal police told his prospective employer of the charges. “I have a lot of things to solve in the court of public opinion before I can put the pieces back together. There’s been a lot of damage done in the court of public opinion.”
More from the Pantagraph:
According to Forbes, the April 22 incident began when the woman asked Forbes if he wanted to see a tattoo located below her navel. Forbes said he kissed the tattoo and the two engaged in sexual activity before he left for a recital.
"Not once on April 22 did I utter the words ‘you owe me,’” to the student, Forbes testified. Assistant State’s Attorney Jane Foster argued that Forbes exploited his position to obtain sexual favors from the student. “The only reason they had interaction with each other was because he was a professor and she was a student at Illinois State University,” Foster said.Foster called suggestions that the sexual activity was consensual “incredulous, at best.”
The prosecutor also pointed out that Forbes asked the woman to keep the relationship confidential because of the harm a disclosure could mean for his career and family. Foster praised the student’s decision to file the complaint against the professor.“What’s important here is the victim came forward and made a report. She’s to be commended for that,” Foster said after the acquittal. A civil lawsuit filed by the student is pending against Forbes and ISU in federal court.
ISU is being sued for $500,000, and Forbes is being sued for $100,000. The federal trial is scheduled for 2009.
This was not the 1st time than an ISU professor faced criminal charges over sexual activity with a college student and was acquitted.
In May, former ISU theatre professor Patrick O’Gara was acquitted by a judge of battery and official misconduct charges for kissing a student who said the attention was unwanted.
Brian's opinion - My opinion about this case will be shown in the next posting. Here a a few of the over three dozen comments for this article: The comments I agree with I've shown below:
"Whatever price this educator pays he deserves. Along with being an educator goes the responsibility of leadership. He holds a position of trust to be revered by students. Every relationship between an educator and a student should be based on dignity, respect and above all high moral character. Mr Forbes chose to degrade his family, his unversity , his peers, and most of all the students when he engaged in adultery with a young female student. No law was broken since he did not force this young lady into doing anything, but the moral character of this educator is definitely in question. I question if this professor has the qualities we need in higher education professors. "
"... At either level, high school or college, it is ethically wrong (and in case of HS, legally) wrong to have sex with students."
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