A Rape Allegation at the University of Chicago Law School

Earlier this week, a tipster wrote to us: “The University of Chicago Law School is suffering from a problem not too different from the one that Antoine Dodson and his neighbors suffered not too long ago.”

Chicago is a long way from Huntsville, Alabama, and the University of Chicago Law School is a long way from the housing projects of Lincoln Park (no, not that Lincoln Park). But the tipster is right: both places have been the site of rape allegations.

Students at UofC Law already know that they need to hide their laptops when at the law school. But do they now need to hide their kids, hide their wives, and hide their husbands, ’cause they’re raping everybody out there?

Actually, no — there appears to be no cause for alarm. Let’s learn about the allegations, and the school’s response….

First, the alleged rape took place a long time ago, back in 2008. Second, the law school has issued a strong and reassuring response.

The reason the alleged rape is back in the news is because of an Illinois appeals court decision that came out late last week. The trial court ruled against the petitioner (the victim of the alleged rape), denying an order of protection after concluding that any sexual contact was consensual. The appeals court reversed, concluding “that petitioner met her burden to show by a preponderance of the evidence that she was the victim of nonconsensual sexual penetration.”

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The ruling in J.M. v. Briseno was the subject of a school-wide email by Dean of Students Amy Gardner:

As some of you know, the Illinois Appellate Court has issued an opinion in a civil case regarding a 2008 event involving two of our students.

There are legal constraints on what the Law School and the University can say about this matter because both people involved have rights that could be compromised if we provide information about the situation. The Law School is obviously aware of the issue and is handling the specific situation in this case in a manner that comports with applicable laws and our own policies. Until Friday’s ruling, the trial court’s decision – which reached a different conclusion than the appellate court ruling – was the standing decision in the case.

The email was forwarded to us by numerous Chicago Law tipsters. Said one: “I’m not sure what Dean Gardner intended to do with this email, but if her intent was anything other than to encourage everyone to Google the opinion and figure out who was involved, she failed miserably.”

In fairness to Dean Gardner, presumably her intent was to reassure the student body about safety, as well as the seriousness with which rape allegations are treated:

I can tell you that none of the students involved – including the respondent – are on campus at this time. I truly wish I could say more about the situation and how it has been handled and is being handled, but I just can’t without risking compromising the legal rights of these two individuals. If you’d like to talk generally about the Law School’s approach to these issues, I’m happy to chat.

You should rest assured that nothing is more important to me and to the Dean than the safety of our students and ensuring a resolution of this matter consistent with our legal obligations and community standards. Again, if you’d like to talk, please let me know.

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According to one Chicago Law student, “The respondent may not be on campus at this time, but he is listed as a 2L in the 2010 yearbook, The Glass Menagerie, which would make him a rising 3L.”

Here is the opinion. Feel free to read it and reach your own opinion about what went down on that night, which began at the Wine Mess and ended up as a legal mess.

P.S. We sometimes anonymize law students when reporting about alleged misdeeds, but as we’ve explained, we do use names if they are already matters of public record — e.g., contained in an appellate court opinion available to anyone with internet access.

J.M. v. Mark Briseno [Appellate Court of Illinois – First District, Sixth Division]

UNIVERSITY OF CHICAGO LAW SCHOOL — DEAN AMY GARDNER — MEMORANDUM

Dear Students:

As some of you know, the Illinois Appellate Court has issued an opinion in a civil case regarding a 2008 event involving two of our students.

There are legal constraints on what the Law School and the University can say about this matter because both people involved have rights that could be compromised if we provide information about the situation. The Law School is obviously aware of the issue and is handling the specific situation in this case in a manner that comports with applicable laws and our own policies. Until Friday’s ruling, the trial court’s decision – which reached a different conclusion than the appellate court ruling – was the standing decision in the case. I can tell you that none of the students involved – including the respondent – are on campus at this time. I truly wish I could say more about the situation and how it has been handled and is being handled, but I just can’t without risking compromising the legal rights of these two individuals. If you’d like to talk generally about the Law School’s approach to these issues, I’m happy to chat.

You should rest assured that nothing is more important to me and to the Dean than the safety of our students and ensuring a resolution of this matter consistent with our legal obligations and community standards. Again, if you’d like to talk, please let me know.

Dean Gardner

Amy M. Gardner | Dean of Students
The University of Chicago | The Law School