U.S. Appeals Court rules student acquitted in Yale sex assault case can proceed with defamation suit against accuser, school

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A federal appeals court said Wednesday that a former Yale University student expelled as the result of a since dismissed rape accusation can proceed with suits for defamation and other claims against his accuser and the school based on an analysis by the state Supreme Court.

In a decision released Thursday, the U.S. Court of Appeals for the Second Circuit reversed a district court decision dismissing expelled student Saifullah Khan’s defamation suit against his accuser, a former schoolmate identified as Jane Doe, and related claims against the university based on his expulsion.

Khan denied the rape allegation but was suspended and ultimately expelled after the charge was upheld by Yale’s University-Wide Committee on Sexual Misconduct.

Khan also was charged with four sexual assault crimes in state court based on the accusation. Two and one-half years after the alleged attack, a state jury acquitted him of all charges after less than a day of deliberation.

Based on the acquittals, Khan sued his accuser and Yale for defamation and equal protection violations. District Judge Kari Dooley dismissed the cases, concluding, among other things, that the accuser was entitled to immunity from such claims because Yale’s sexual misconduct committee operated what amounted to a “quasi-judicial” proceeding, entitling her to the same protections and immunities provided by courts of law.

When Khan appealed the dismissal, the federal appeals court asked the state Supreme Court for an opinion on whether immunity can be conferred by Yale’s private, sexual assault  disciplinary process.

The Supreme Court said the committee could not confer immunity because the Yale disciplinary process “lacked a significant number of procedural safeguards… that in judicial proceedings ensure reliability and promote fundamental fairness.” The Supreme Court said Kahn effectively was denied the right to defend himself because the Yale process did not require sworn testimony and he was denied the right to counsel, the right to cross examine witnesses and the right to call witnesses in his defense.

An email seeking comment was sent to Yale.

Khan’s case has been followed closely because of questions it raises generally about the new model for discipline in sexual misconduct cases that many schools adopted based on direction by the U.S. Department of Education. In one of several such cases moving through the U.S. courts, UConn settled with a student who denied being involved in sexual misconduct, but was not permitted to defend himself before a school committee, which judged him guilty and suspended him.

Like Khan, the UConn student later prevailed in federal court.

Similar complaints have become increasingly common around the country, as schools — in a time of increased sensitivity to sexual coercion — investigate, arbitrate and impose discipline on claims of sexual misconduct among students. In many cases, those who are accused complain that institutional definitions of misconduct are too broad and the accused are denied opportunities to defend themselves.

Orlando buys Pulse nightclub property for memorial to massacre victims

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Orlando City Commissioners Monday signed off on the $2 million purchase of Pulse nightclub, the site of one of the nation’s deadliest mass shootings that rocked the city and its LGBTQ community in 2016.

The vote came after hours of public comment from survivors and family members of victims of the attack, who were divided on whether the sale to the city was the best path forward. The unanimous vote moves the sale forward, which is expected to close on Friday, formally transferring the plot along Orange Avenue to the city.

Mayra Alvear, who lost a daughter in the Pulse nightclub mass shooting, holds up a poster of the 49 victims while delivering remarks to the Orlando City Council, Monday, October 23, 2023, regarding the city’s plan to purchase the Pulse nightclub property. (Joe Burbank/Orlando Sentinel)

Orlando Mayor Buddy Dyer said the sale sets the stage for the city to develop a process “inclusive to the families of the victims and inclusive of the survivors” to build a permanent memorial at the site of a shooting rampage, which killed 49 and wounded 53 on June 12, 2016. However, he said the city hasn’t figured out yet how it will proceed in doing so.

“In talking to Oklahoma City and New York, I know that the most important thing is transparency so that people know what we’re going to do. We’re going to be very careful about that,” he said.  “I know this is not going to be an easy process, but we’re going to be very careful that we do everything we can to make sure that if people disagree with what the final result is… they know how we arrived at that result.”

Plans to purchase the property came together quickly over the span of a few weeks, and were revealed in an interview last week with the Orlando Sentinel. The purchase price of $2 million – to be paid to Barbara and Rosario Poma, and Michael Panaggio, who collectively own the former nightclub – also fueled debate.

An appraisal determined the land was valued somewhere between $1.85 and $1.96 million, records show, though city commissioner Jim Gray, who works in commercial real estate, was skeptical.

He suspected the land was worth far lower because of its connection to the tragedy, and suggested the city seek to acquire the property through eminent domain – a legal process allowing government to take private property if it’s for public use. In such a process, the owners would receive what the courts determine to be fair-market value.

“I would bet you $1 it will be a lot less than $2 million,” he said.

Sicilaly Santiago-Leon, who lost a cousin in the Pulse nightclub mass shooting, talks to former state representative Carlos Guillermo Smith after she delivered emotional remarks to the Orlando City Council, Monday, October 23, 2023, regarding the city’s plan to purchase the Pulse nightclub property. (Joe Burbank/Orlando Sentinel)

Ultimately, commissioners moved ahead with the sale, which they thought was the best choice to advance the seven-plus year saga, and ultimately build a memorial.

“Do I want to pay them $2 million? No,” Dyer said.  “I’m looking at this [as] what is best for our community.”

Questions remain as to what a memorial looks like and when it happens. Last week, Dyer said he’d lay out a timeline shortly, and city officials said they intend to include families and survivors in the process.

Mayra Alvear, whose daughter Amanda was killed in the attack, pleaded with the city council to sign off on the sale and to construct a memorial to the victims there.

Alvear wrote a letter to Dyer and Orange County Mayor Jerry Demings on behalf of more than two dozen Pulse families in August asking for them to intervene in the dispute to ensure the memorial is built.

“For me specifically, it’s a place that keeps me close to my baby,” she said. “I beg you, we need our sacred ground protected.”

Maritza Gomez, who survived the shooting, contends there were code enforcement violations at the club, and says the city should do further investigation before tearing down the former nightclub. Like many who spoke Monday, she took issue with paying the owners.

“I want an investigation into Pulse before you tear it down,” Gomez said. “Barbara Poma and her family do not need no $2 million. They’ve pocketed enough.”

Sandra Wade, the mother of Edward Sotomayor Jr. who was killed at Pulse, said she wants the city to purchase the property because she sees it as the only way to build a memorial to keep her son’s memory alive.

“Eddie always went to Pulse to dance and have fun with his friends, and we must keep that memory alive,” she said.  “I feel the only way to do that at this time is to let the city of Orlando to acquire the Pulse site and build our memorial.”

Numerous victims spoke of distrust of all involved with the memorial process, which has been mired in controversy for years.

Friends and family members of the Pulse mass shooting victims watch community activist Lawana Gelzer question the Orlando City Council, Monday, October 23, 2023, regarding the city’s plan to purchase the Pulse nightclub property. (Joe Burbank/Orlando Sentinel)

The nonprofit onePulse Foundation was founded by Barbara Poma to lead efforts to build a memorial at the site. The foundation has faced criticism over the years, ranging from high salaries for its leadership to not completing a memorial. Barbara Poma stepped down as executive director in 2021 and left the organization entirely earlier this year.

The foundation also had plans to build a museum nearby, and said recently those have shifted to construct a smaller-scale remembrance at a warehouse it owns near the site. In 2019, it announced the museum plan, as well as memorial including 49 trees encircling the club, a reflecting pool and a nearby museum.

Earlier this year, onePulse announced plans to scale it back in part due to high costs estimates.

A “Survivor’s Walk” remains under construction linking the club with nearby Orlando Regional Medical Center where victims were treated.

City commissioner Patty Sheehan, Central Florida’s first openly gay elected official, in tearful remarks pleaded with families and survivors to give the city a chance to complete the job.

“I’m asking you and I’m begging you please to trust us,” she said. “I know you were excluded, I was excluded, I know how that feels. … We will do the right thing by everyone.”

Patriots-Dolphins injury report: Tyreek Hill sits out Wednesday, Bill Belichick lists 12 injured

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Dolphins wide receiver Tyreek Hill missed practice Wednesday with a hip injury, while the Patriots listed a dozen players on their first injury report of the week.

Left tackle Trent Brown (ankle/knee) was a limited participant after getting hurt toward the end of last Sunday’s win over the Bills. Tight end Hunter Henry and linebacker Josh Uche were also limited. Uche returned to practice after missing all of last week with a knee injury.

Both teams’ complete injury reports are below.

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PATRIOTS

Did not participate

DL Keion White, Concussion

Limited participation

OL Calvin Anderson, Illness

DL Christian Barmore, Knee

OT Trent Brown, Ankle/Knee

DL Davon Godchaux, Ankle

TE Hunter Henry, Ankle

CB Jonathan Jones, Knee

RB Ty Montgomery, Knee

G Cole Strange, Knee

LB Josh Uche, Ankle/Toe

CB Shaun Wade, Shoulder

DL Deatrich Wise Jr., Shoulder

DOLPHINS

Did not participate

WR Tyreek Hill, Hip

S Jevon Holland, Concussion

RB Alec Ingold, Foot

OL Robert Jones, Not Injury Related – Personal

RB Raheem Mostert, Ankle

Limited participation

WR River Cracraft, Shoulder

CB Xavien Howard, Groin

CB Kader Kohou, Neck

CB Nik Needham, Achilles

CB Jalen Ramsey, Knee

CB Cam Smith, Foot

WR Jaylen Waddle, Back

C Connor Williams, Groin

Full participation

LB David Long Jr., Knee / Gameday Concussion Protocol Evaluation

Twins position breakdown: outfield

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The Twins traded for Michael A. Taylor in late January, expecting he would serve as a backup for Byron Buxton. Instead, Taylor played in 129 games and Buxton did not see a single inning in center field.

Over in the corner outfield spots, right fielder Max Kepler overcame a slow start to the season to become one of the Twins’ most productive players, and Matt Wallner established himself in left field.

2023 RECAP

When the Twins first devised a plan ahead of last season to ease Buxton in, the expectation was that he would start the season at DH and then eventually shift back to the outfield when his knee allowed.

That never happened.

It wasn’t until the very end of the season that the Twins tried Buxton out in center field — and that was in a single minor-league game. With Buxton out of the center field picture, that opened up every-day playing time for Taylor, where the former Gold Glover played Buxton-level defense and contributed a career-high 21 home runs.

Willi Castro also logged more than 250 innings at the position (and nearly 300 in left field) while utilityman Nick Gordon saw some time in center and left as well before a broken tibia ended his season in May.

In right field, Kepler, who hit .207 with a 279 on-base percentage and .409 slugging percentage over the first half of the season, followed that by slashing .306/.377/.549 after the all-star break. He ended up leading the team with 24 home runs.

Wallner, who started the season in Triple-A and was optioned twice, came up for good in July and finished his rookie season hitting .249 with an .877 OPS and 14 home runs in 76 games.

Trevor Larnach, who started the season with the Twins, wound up spending most of the season with the Triple-A Saints, never really grabbing hold of a spot. Veteran Joey Gallo, who spent the most innings of anyone out in left field, tailed off after a strong start in April and is not in the Twins’ plans moving forward.

2024 OUTLOOK

The Twins hold a $10 million club option on Kepler, which they are expected to pick up. Wallner looks ready to be the team’s primary left fielder, while Castro can be expected to bounce around the infield and outfield.

Larnach, a former first-round draft pick, has really yet to find his footing as a major leaguer but should see some playing time at the corner spots throughout the season, too, even if he winds up starting the season in Triple-A.

But the big question is what the Twins will do in center field.

Buxton underwent a second knee surgery earlier this month, this one to excise the plica on his right knee. The hope, Twins president of baseball operations Derek Falvey said, is to get him back out into center field.

But expecting Buxton to be the team’s starting center fielder next year is not realistic at this point and won’t be until there is proof that his knee is capable of handling that kind of workload. That should put the Twins in the market for a center fielder this winter as they must make alternate plans to protect themselves.

Taylor is a free agent and the Twins could either try to bring him back or look at other options that they would feel confident putting out there if Buxton is unable to play the position consistently. The Twins have a couple of options in the minors in Austin Martin and DaShawn Kiersey Jr. who could potentially play the position at the major-league level eventually, but it seems likely they would look elsewhere to begin the year.

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