University of North Dakota: Accuser Is Criminally Charged with Lying to Police, But School Refuses to Reopen Misconduct Case
- "Victory for Due Process: Student Punished for Alleged Sexual Assault Cleared by University of North Dakota; Accuser Still Wanted for Lying to Police," October 18, 2011: A student convicted of sexual assault and banned from campus by a University of North Dakota (UND) tribunal is free to return to school this week. After a year and a half, UND officials have determined that the university's finding of guilt against student Caleb Warner was "not substantiated" in the face of the evidence. That same evidence led North Dakota law enforcement to charge Warner's accuser last year with making a false report to law enforcement—a charge for which she is still wanted by the police. UND finally reexamined Warner's case only after the university's behavior was exposed by FIRE, to which Warner had turned for help.
- "Decision on Appeal by Paul A. LeBel, UND Provost and Vice President for Academic Affairs," October 11, 2011
- "Caleb Warner Notice of Appeal and Appeal Petition, August 31, 2011," August 31, 2011
- "In Today's 'Wall Street Journal': University Finds Student Guilty of Sexual Assault While Police Charge Accuser for Lying About It," July 15, 2011: In a stark demonstration of the failure of campus judicial procedures, the University of North Dakota (UND) has found a student guilty of sexual assault despite the fact that local police refused to charge him with a crime and instead charged his accuser for lying about the incident. Former student Caleb Warner has been banned by UND from stepping foot on any state public campus for three years. Meanwhile, his accuser has been wanted by the Grand Forks Sheriff's Department for more than a year on the charge of making a false report to law enforcement. Warner has turned to FIRE to help remedy this injustice.
- "UND Letter to FIRE, May 20, 2011," May 20, 2011
- "FIRE Letter to UND President Robert O. Kelley, May 11, 2011," May 11, 2011
- "Letter from UND Vice President of Student Affairs to Caleb Warner, August 26, 2010," August 26, 2010
- "Letter from Steven Light to UND General Counsel Julie Evans, July 28, 2010," July 28, 2010
- "Grand Forks Police Report, December 14, 2009," December 14, 2009
Case Materials
- "AP: Sexual Assault Claims on Campus a ‘Legal Minefield’," by Samantha Harris, April 23, 2012
- "Cathy Young Highlights New Threats to Due Process on Campus," by William Creeley, November 7, 2011
- "'Grand Forks Herald' on Caleb Warner’s University of North Dakota Nightmare," by William Creeley, November 1, 2011
- "Caleb Warner Not Returning to University of North Dakota," by Robert Shibley, October 31, 2011
- "Victory for Due Process: Student Punished for Alleged Sexual Assault Cleared by University of North Dakota; Accuser Still Wanted for Lying to Police," by Robert Shibley, October 18, 2011
- "Former FIRE Intern Nico Perrino Warns of Due Process Decline on Campus," by Peter Bonilla, July 21, 2011
- "Harvey’s Op-Ed Draws Praise from Cato, Shines Spotlight on Troubling OCR Policy," by Ryan Ellis, July 18, 2011
- "In Today's 'Wall Street Journal': University Finds Student Guilty of Sexual Assault While Police Charge Accuser for Lying About It," July 15, 2011
Blog Entries
- "The Politics of Campus Sexual Assault,"
by Cathy Young, RealClearPolitics, November 6, 2011 - "UND student back at school,"
by Levin T. Black, Williston Herald, November 3, 2011 - "SEPARATE STANDARD: UND changes stance after punishing student for crime police won't charge,"
by Tu-Uyen Tran, Grand Forks Herald, October 31, 2011 - "Wrongly Accused UND Student Will Not Return To UND,"
by Staff Editorial, WDAY News 6, October 25, 2011 - "At the University of North Dakota, Yes Also Means No,"
by Jacob Sullum, Reason.com, July 21, 2011 - "Yes Means Yes--Except on Campus,"
by Harvey Silverglate, The Wall Street Journal, July 15, 2011
