INNOCENT: The N&O’s “Duke deal” story

"... these three individuals [David Evans, Collin Finnerty and Reade Seligmann,] are innocent of these charges."

North Carolina Attorney General Roy Cooper, Apr. 11, 2007
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On the front-page of today’s Raleigh News & Observer we see the headlines:

Duke deal shields faculty
Some spoke out after rape claims

Under reporters Anne Blythe and Eric Ferreri bylines with reporters Benjamin Niolet and Joseph Neff listed as contributors, the story begins:

Duke University's settlement with exonerated lacrosse players gives legal protection to faculty members, some of whom have been under siege for speaking out in the wake of the gang-rape allegations.

Neither side would disclose the terms of the agreement, announced Monday, but Duke's faculty chairman, Paul Haagen, informed professors that one provision is that all faculty members have been released from liability related to the lacrosse case.

That news sparked another round of vitriolic messages from e-mailers and bloggers still exercised over a student newspaper ad signed in the spring of 2006 by 88 Duke professors, who decried a campus culture of racism and sexism.

As Duke shut the door on lawsuits by the players in the lacrosse case, the Durham County sheriff on Tuesday slammed shut District Attorney Mike Nifong's access to the courthouse where he has worked 29 years. Orlando Hudson, the county's chief resident Superior Court judge, entered an order suspending Nifong with pay.

The N&O story is really two stories lumped together: the Duke settlement and matters related to it, and Nifong’s immediate legal and related difficulties.

I’m going to ignore the portions of the story dealing with Nifong and focus only on the N&O’s reporting of the “Duke deal” which reeks of a pro-Group of 88 bias and is, I believe, sloppy with at least one very important fact.

The N&O’s pro Group of 88 bias is obvious in the headlines:

Duke deal shields faculty
Some spoke out after rape claims

But Duke isn’t paying out money to exempt Professors Steve Baldwin, James Coleman and Michael Gustafson and Coaches Kerstin Kimel and Mike Krzyzewski for “speak[ing] out after rape claims.”

Duke’s paying out for statements and actions by certain faculty, including some Group of 88 members, which many legal theorists believe were potentially libelous.

There’s no problem with Duke faculty speaking out about "rape claims." We all know that.

But you can’t libel people, even if they are white male Duke students.

A less biased and more accurate headline would have been:

Duke settlement protects faculty from liability claims

Now let’s look at this paragraph:

That news sparked another round of vitriolic messages from e-mailers and bloggers still exercised over a student newspaper ad signed in the spring of 2006 by 88 Duke professors, who decried a campus culture of racism and sexism

Here we go again, folks.

The messages are “vitriolic?” Blythe, Ferreri, Niolet and Neff don’t say how they determined that. They don’t even say whether they read any or all of the massages.

Mightn’t some of the messages have been informed, fair-minded and properly critical?

And who are these latest e-mailers? Are they anything like the overwhelmingly civil, informed and caring e-mailers (a few haters and trolls mixed in) I’ve been hearing from the last fifteen months?

Does the N&O know whether these latest "e-mailers and bloggers" are the kind of people who were and remain concerned by statements and actions of certain faculty?

Does the N&O know whether the people writing "vitriolic" message are concerned by the same or similar statements and actions I'll bet the University Counsel and Trustees had in mind when they agreed to what was almost certainly a very hefty financial settlement?

Following the subhead - Duke's reasoning - the story continues:

Duke, too, is struggling to restore its image, and that, legal experts say, is one reason the university would settle such a case.

Another reason was to avoid the potential liability that Haagen assures his faculty colleagues they no longer bear.

The N&O, with four reporters working the story, failed to provide readers with even one example of a statement or action by a Duke faculty member that Haagen, a law professor, could tell readers Duke had in mind when it paid out to spare certain faculty from libel suits and itself from the odium of employing such faculty.

And if Haagen had been reluctant to cite examples, it wouldn’t have been hard for one of the four reporters to locate attorneys who have followed the case, and could have cited statements and actions by certain faculty that were potentially libelous.

But that’s not the kind of reporting you’d expect in a strongly pro Group of 88 story, is it?

There are other examples of bias further along in the story, but I’ve made my point.

Now let’s look at the reporters’ sloppy treatment of at least one very important fact.

To do that let’s look again at the story’s first two paragraphs:

Duke University's settlement with exonerated lacrosse players gives legal protection to faculty members, some of whom have been under siege for speaking out in the wake of the gang-rape allegations.

Neither side would disclose the terms of the agreement, announced Monday, but Duke's faculty chairman, Paul Haagen, informed professors that one provision is that all faculty members have been released from liability related to the lacrosse case.

The agreement announced Monday, we’ve previously been told, involved the three members of the Duke lacrosse team who were indicted as part of an attempted frame-up and their families.

There has been no report that Monday’s agreement also involved any of the other forty-four team members or their families.

If they were not involved in Monday’s settlement, what’s to stop one, some or all of the forty-four from bringing a libel action against one or some Duke faculty, and possibly Duke?

If the forty-four were somehow included in Monday’s settlement, the story doesn’t report that.

If the other team members were not involved in Monday’s settlement, than what the N&O should have reported is that faculty members have been released from liability related to the lacrosse case by David Evans, Collin Finnerty, Reade Seligmann and their families, but not by the other forty-four members of the team or their families.

I’ll send lead reporter Anne Blythe a link to this post and request she at least clarify the matter of just who released Duke faculty from liability.

I'll offer to post her response in full.

Here's another link to the N&O story.