Duke Settles Suit

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The New York Sun

RALEIGH, N.C. (AP) – Duke University has settled a lawsuit brought by a former lacrosse player who accused a professor of giving him a failing grade because he was a member of the controversy-plagued team.

Kyle Dowd, who graduated in 2006, was not one of the three team members who were charged with raping a black stripper hired to perform at a March 2006 team party. State prosecutors dropped all charges last month against the players, who are white, saying they had been the victims of an overzealous district attorney.

The lawsuit, which named the Durham school and visiting professor Kim Curtis, alleged Ms. Curtis discriminated against Mr. Dowd when she gave him an F in a course on politics and literature. The lawsuit, which claimed fraud and negligence, said he had gotten Cs on his assignments in the class.

The lawsuit said the failing grade nearly kept Mr. Dowd from graduating. After he appealed, the university changed the grade to a “D,” citing a computation error.

As part of the settlement, Mr. Dowd’s grade was changed to “P” for passing. Neither side admitted liability, the school said in a brief news release. Other details weren’t released.

The lawsuit sought $60,000 in damages.

Ms. Curtis was among 88 faculty members who signed their names in April 2006 to a full-page advertisement in Duke’s student newspaper titled “What Does a Social Disaster Sound Like?”

“Regardless of the results of the police investigation, what is apparent everyday now is the anger and fear of many students who know themselves to be objects of racism and sexism,” the ad read, in part.

The ad drew harsh criticism from supporters of the lacrosse team, who believe it painted the players as guilty before the facts of the racially divisive case were known.


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