Published on 03/19/2000, GRAND FORKS HERALD
UND SHOULD ANSWER EX-STUDENT'S CLAIMS IN PUBLIC GRAND FORKS - While the reporter attempted to be objective, I wonder why he never contacted the five editors of the Web site for their version of the truth (Conflict surges on the Internet, Page 1A, March 3)?Contrary to UND's statement to the Herald in the article, UND rejected the
opportunity to permit a public airing of dismissed student Vivian Nelson's case.
Nelson had been admitted to the UND Medical School where she earned very high
grades. Suddenly after a personal incident with Associate Dean Judy Demers
having nothing to do with academic matters, Vivian Nelson was dismissed as being
unfit. When Nelson filed a lawsuit against UND to overturn the dismissal, she
waived all rights of privacy regarding the case. UND instead of allowing the
matter to be submitted to the world of public opinion and to the jury, asserted
the then but no longer available, backward doctrine of sovereign immunity in
tort. That discredited doctrine held that a political subdivision could not be
sued without its consent for its negligent or intentionally harmful acts against
victims, e.g. car accidents or rapes, and UND would not consent to the
disclosures or to the determination of the jury.
In other words, Nelson was willing to submit her position to the public and to
the jury, but under the former law, UND could get the case dismissed on the
technicality that it could not be sued. Now UND says hypocritically that ‘it'
can't release its evidence or discuss the case because of Nelson's privacy. But
the real reason of course is that UND is afraid of what people will see. So
Nelson has provided the world with this page to show it all, and so have the
other contributors to this site.
It is also noteworthy that a law professor (Jeremy Davis) may have written so
incompetent a response (see the reply to the response that one of the editors of
this page so cleverly put out) and was instrumental in the violations of due
process in the mockery of an administrative hearing which UND calls a fair
resolution.
In reference to the part where attorney Bill McKechnie is quoted as saying that
he intends to sue the ISP of this site as early as next week. Good Luck! I don't
recall whether it was a circuit appeal or a US Supreme Court precedent, but
recently it has been held that an Internet Service Provider (for example an
Internet site host) is not liable for the content of the site. This made
national news not too long ago. It would appear that McKecknie must have been a
student of this UND School of Law Dean Jeremy Davis!
Recall the New Testament; if the blind leadeth the blind, they shall both fall
into the gutter.
Glenda J Miskin