In a three-hour session Sunday, the Duke Student Government Judiciary decided not to review a second case of discrimination brought against the Duke College Republicans.
The suit was filed by senior Justin Robinette, former DCR chair, who claimed last Spring he was impeached from his position because he is gay.
The Judiciary ruled that Robinette, who filed the Aug. 20 suit along with eight anonymous plaintiffs, did not provide the court with any new material except for records of “student-on-student harassment,” which falls outside of the court’s purview. The plaintiffs claimed they were repeatedly harassed and received multiple death threats, but the Judiciary did not find sufficient evidence that the allegations stemmed from general club business or leadership.
“The jurisdiction of the Duke Student Government Judiciary does not include criminal offenses such as death threats or allegations of criminal behavior by individual students that are unrelated to their capacities as leaders of student organizations,” the Judiciary’s press release stated.
In April, the Judiciary ruled there was not substantial evidence to convict the DCR of discrimination. Robinette said, however, that he did not have adequate time to prepare his argument given the limited time frame of events, and thus decided to submit a new petition.
In the second suit, Robinette attached about 30 pages of e-mails, comments and other forms of evidence that indicate club members discriminated against him and the other plaintiffs.
Senior Travis Rapp, senior representative of the DCR, said the club is looking forward to moving beyond the incident and starting afresh.
“I support that decision because I guess the U.S. Constitution wouldn’t try the case twice,” Rapp said. “As far as I know, right now we’re planning to go forward with business as usual.”
Robinette said he plans to plead his case at the open forum of the first Duke Student Government meeting Wednesday.
“There is no easy path to resolution unless [DCR members] reach out to us on a personal level,” he said.
Mediation and University involvement
Although the student-run Judiciary will not further investigate the case, the University has been involved with the incident to varying degrees since April.
In May, Vice President for Student Affairs Larry Moneta suggested an informal mediation between current and former club members, Moneta confirmed in a Sunday e-mail. Former DCR members included senior Cliff Satell, former club vice chair, and Robinette, who were “unable to attend” the meeting for personal reasons, Robinette said.
Shortly after, Satell said he received an e-mail from the Office of Student Conduct suggesting a formal mediation between the two parties. Although the mediation did not take place in the Spring, the Office of Student Conduct and Satell continued to discuss the option throughout the summer, according to Satell.
In an e-mail to the Office of Student Conduct July 22, Satell insisted on having a list of demands met by the DCR before coming to the table—an option not viable in formal mediation.
Satell’s requisitions include a written apology from Club Chief of Staff Rachel Provost, a senior, to various club members and to the gay community at large; a written apology signed by the DCR Executive Board for creating a hostile environment; a written commitment by the DCR not to spread hateful information about former club members; the opportunity to ask Provost a series of questions on the record and a commitment by DCR members to undergo sensitivity treatment in matters related to the gay community, according to the e-mail.
Although Satell said the Office of Student Conduct repeatedly asked him to be open minded, he refused to drop his demands, according to an e-mail sent by the Office of Student Conduct. For this reason, the Office of Student Conduct could not proceed with his case.
“I trusted that [the Office of Student Conduct] would not succumb to the institutional deafness that permeates every corner of the Administration,” Satell wrote in an Aug. 4 e-mail to the Office of Student Conduct. “Maybe if I were a Durham prostitute at some frat party you might take me more seriously.”
Early Monday morning, Robinette said he received a meeting request from a dean of the Undergraduate Conduct Board, adding that he plans to attend.
Depending on the administration’s actions within the next few weeks, however, Satell said he and Robinette may consider suing the University.
“All of the options are on the table,” he said. “We’ll find out over the ensuing days how hard we have to look at that option based on the administration.”
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