The gamecock. (Columbia, S.C.) 1908-2006, November 04, 1983, Image 5
Woman sues N.Y. ci
By College Press Service
Lawyers for a woman raped in a New York college dormitory
in 1976 went back to court to try to make the college
pay her damages for the incident.
Madelyn Miller allegedly was raped in a dorm at the State
University of New York-Stony Brook in 1976, an incident she
) claims would not have hannened if thp nnivprsitv hm-1 lr#?nt h#?r
dorm's doors locked, her lawyer Martin Rubinstein said.
Rubinstein filed an appeal of the case in New York state
court this past week. In September, a lower court ruled the
university hadn't been negligent in leaving the doors unlocked.
Another court had previously held the school liable, awarding
Miller $25,000 in damages.
THE CASE could help make all colleges responsible for certain
violent crimes that occur on their campuses, said Leonard
Territo, a criminologist at the University of South Florida.
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i vi i uu aaiu lAjucgca u<tvc uccu nciu nauic ill SUCH tUSCS
"more and more in the last six or seven years."
. Courts have blamed rapes on colleges recently because the
' schools didn't accurately train their security officers, because
they scheduled night classes in isolated areas that "leave
females in a highly-vulnerable position," because they failed
to redeploy police to high-crime campus areas, or because they
Former moon-walking S.
From Staff Reports commander ol
A South Carolina native and former vice at Randc
astronaut who walked on the moon in 1972 owns an inves
will be at USC Nov. 21 to talk to students firm president
about opportunities in the Air Force. His talk at
Brig. Gen. Charles Duke will speak with periences in t
students at 3 p.m. in the Russell House walk, Duke <
* Ballroom. Apollo 16 mis
* He also will show narrated footage of his at the news,
moon walk and discuss the experience. The "Thecompi
presentation is free to the public. "It wasn't off
Now 48 and living in San Antonio, Texas, a competition
Duke is the mobilization assistant to the Duke said >
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left employees working alone at night in unlocked buildings,
Territo said.
When the courts do blame the schools, they usually make
the colleges pay damages to the students. For example, the
Hastings Law Center in San Francisco paid $215,000 damages
in 1980 to a student raped in a women's restroom. Catholic
University in Washington, D.C., paid $20,000 in 1976 to a student
raped on its campus.
IN NEW York, Miller originally asked for $500,000
damages. When the Court of Claims gave her only $25,000,
Rubinstein appealed. But an appellate court cancelled the <
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safe conditions. <
Rubinstein said the dorm had quite a number of entrances
and exits that were never kept locked. A dimly-lit place, it was
easy to enter and "something of a magnet for criminal intrusion,"he
said.
Stony Brook should have kept the doors locked. Landlords,
whether private or public, should be "expected to have (the
building) properly secured," he said.
New York Assistant Attorney General Jeremiah
Jochnowitz, who represented the university, argued Miller
could not sue the state because of the legal doctrine of
C. native to show film ai
f the Air Force Recruiting Ser- was like a little boy at Christm
>lph Air Force Base. He also all of the things he's dreamed i
tment company and is an art "l didn't teei tearlul. it was
at home," he said, mainly
USC will center on his ex- astronauts had spent almost a
he Air Force and his moon pictures of the moon's terrain.
;aid. He was picked for the Astronauts communicated
sion in 1969 and was "elated" while they were on the moon.
Houston was in the backyard
etition was fierce," Duke said. was a feeling of awe," Duke ss
icial, but everyone knew it was The moon's environment is
for seats" on that flight. peaceful, serene-looking atm<
-vhile he was on the moon, "1 said. "The day 1 got back (to
ferbrI!
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?r Brewed by The Miller Brewing Company, Milwaukee, Wl.
fter 1976 rape
'sovereign immunity."
THE CONCEPT effectively prohibits people from suii
governments over certain governmental actions, Rubinste
aid.
uuwtvu, i tiiiiu, ill icvicwiug tdiii|;ud 1 <*|Jt ^uuii taot
ound courts seem to be "shrinking the sovereign immunit
loctrine" as it applies to state colleges and universities.
Colleges will "never be able to totally prevent all campi
rime, but can react to it with precautions such as lockir
>uilding doors, rekeying other locks, expanding and retrainir
ampus security forces, and holding crime preventic
eminars for students.
If they don't respond, "there's now enough case law in th
Jnited States to hold the university responsible," he said.
Tfrniwrri c? a it\ a ^ _i _ i r
i r.nm i u a/\iu must campuses were not uesigneu ic
ecurity purposes. But the question now is, does that reliex .
hem of the civil liability" for crimes committed on them?
Rubinstein said he expects the New York Court of Appea
vill decide the Miller case by next January.
: USC for Air Force
as ? getting ready to go back (to the moon)."
bout." Duke is a graduate of the U.S. Nav
like we were Academy at Annapolis, Md., and has
because the master of science degree in aeronautics an
-ear studying astronautics from the Massachusetts li
stitute of Technology. His military decon
with NASA tions and awards include the NAS/
"It was like Distinguished Service Medal, Johnson Spac
And yet, it Center Certificate of Commendation
id. Distinguished Service Medal and the Legio
i "beautiful, of Merit.
sphere," he He was named South Carolina Man of th
Earth), I was Year and inducted in the S.C. Hall of Fame
ji
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