Thursday, January 04, 2007

Duke's first lax suit

WRAL TV reports:

A former Duke University lacrosse player sued the university Thursday alleging that one of his professors unfairly gave him a failing grade because he was a member of the team.[…]
The 20 page complaint was filed in Durham County Superior Court on behalf of the former student, Kyle Dowd, and his parents, Patricia Dowd and Benjamin Dowd against visiting political science professor Kim F. Curtis as well as the university. You can read the complaint here. (pdf )

I was impressed when I read it; and then doubly impressed when I learned the plaintives’ attorney’s name and firm.

Since 2003, the Dowd’s attorney, Joseph E. Zeszotarski, has been listed in The Best Lawyers in America; listing being the result of peer review rankings. He’s a Past Chair of both the Criminal Law Section, North Carolina Academy of Trial Lawyers and the Criminal Justice Section, North Carolina Bar Association.

Zeszotarski’s law firm, Poyner & Spruill, has over 100 attorneys, and is one of the most important and respected law firms in the Southeast.

What about Professor Curtis? A search of Duke's website reveals she been a "visiting professor" since at least 1996. (Yes, 10 years is a long visit. But then leftist professors seem somehow to like Duke even though many of them say terrible things about it. At least they stay and stay and stay even when they're only "visiting.")

Curtis is a signatory of the notorious Duke Arts & Science faculty Group of 88 "listening statement."

She comments often on public issues. Here's some of what she said shortly after 9/11:
Taking another example, many feel distress over the long-time support by the U.S. of the mujahadeen in Afghanistan, whose oppression of women has been brutal. The distress this knowledge engenders is useful because it reveals the current administration's effort to position the U.S. as a defender of the rights of Afghani women for what it is: a cynical effort to orchestrate support for its war. This support depends upon controlling its citizens' knowledge of and feelings about this ugly history.

We violate our students' trust in not raising critical issues such as these, and by not teaching them to let these emotions move their intellect along paths other than those the authorities wish.
KC Johnson has more on Curtis' background and the Dowd suit here.

Final item: On Oct. 26 I posted: "KC Johnson at Duke tonight." On the post's thread Locomotive Breath has just reminded me there's this comment:
Judith said...

My wonderfully politically incorrect son, who was a Duke ROTC student, an athlete and an outspoken conservative will be there.

He was also a victim of "selective" justice" in Spring 2004 when he was a student of Professor Kim Curtis, one of the Group of 88. She FAILED him for the entire course for turning in ONE paper ONE DAY late. After finals were over, and students were dismissed for the summer, she brought charges against him for Lying with the Undergraduate Judicial Board.

His hearing was scheduled for August 27, 2004 (before classes even started) and he was not even able to present any credible defense. He was found GUILTY and suspended for two semesters.

He was ordered to vacate his West Campus dorm room within 48 hours, and his Duke Card was invalidated so that he could not buy a meal or even get into his dorm room to start moving out.

I have written about him a bit on the KC Johnson's blog, Duke in Wonderland. My issue is not my son's case, it is that these 88 professors are a threat to any student who does not toe their intellectual line.

I am willing to provide documentation regarding my son's case to anyone with a credible interest.
I hadn't done anything with the comment until tonight when I emailed it with a brief cover note to attorney Zeszotarski.

I know we'll all stay tuned on this one.

This just in: The Raleigh News & Observer is reporting the Dowd suit

10 comments:

Anonymous said...

John:

If I have the correct Kim F Curtis in my search, NC Voter Reg shows she first voted in Durham in May, 2000.

Shows records back to 1991 but marked 'legacy', may not be an indication of having been registered.

Anonymous said...

Meant to mention - if I do have the right one, that suit is quite a birthday present. Her bd is coming up w/in a week! ;>)

JWM said...

Dear GPrestonian,

Bless you for your comments.

A few days back you pointed out a fib about the time I was calling attention to Nifong's "I didn't say keep the CH shut" fib.

I didn't pick up on the fib you noted bacause I couldn't pin everything down and it was a bit too complex for me.

If you've noticed, I only do simple stuff.

Always glad to hear from you.

Best in 2007.

In haste. Not reviewed.

John

Anonymous said...

Good luck for your son.

Anonymous said...

It appears that Judith's son has an even stronger case for breach of contract and fraud than the Dowd case. Failing a student for an entire course for turning in a paper one day late is beyond draconian. Judith's son seems not to have received any due process. Admittedly, the level of due process required with respect to private institutions is less than that required in criminal proceedings. But there has to be some due process. I hope Judith and her son can get some legal or equitable relief from Duke.

Anonymous said...

I'd like to see her forced to turn over her class rolls of everyone she's failed since she's been there so that they can be contacted by Dowd's lawyers. Sounds like a perfect class action lawsuit to me. It's a lot easier to win when it's clear there's a pattern of systematic discrimination.

Also, I forgot to give a hat tip to "maggief" at freerepublic for remembering that "Judith" had put this on your blog. Could you update this post? Thanks.

http://www.freerepublic.com/focus/f-chat/1762333/posts?page=247#247

Anonymous said...

My hopes for the future of Duke don't seem so draconian now, do they?

Anonymous said...

Hope they all get millions from Duke. Until Duke cleans house, they deserve what they get.

beachrat said...

Kim Curtis is the wife of Rom Coles, also in the Poli Sci department and also a signer of the Group of 88 advertisement. They've both been there at least since the early '90s (when I was a grad student there). That is indeed quite a long visit.

Coles came into the dept as tenure-track -- I thought it was while I was there, but his CV shows it as 1989, so just before my time.

I didn't take any of the philosophy courses (Duke's term is "political theory") since I'd done all that as an undergrad elsewhere and long ago, but my understanding is that he was considered something of a star in that field, and hiring her was part of the package.

Anonymous said...

If conservative parents would stop sending their children to Elitist Marxist schools such as Duke and the entire IVY League for that matter and NOT give them any money then these schools would eventually get the message and start weeding out these commie professors they've allowed to take over their campii.