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Court rules in favor of male student in sexual-assault case

Published: Friday, February 09, 2018 @ 12:44 PM
Updated: Friday, February 09, 2018 @ 12:43 PM

A federal appeals court ruled Friday in favor of a male student who blames gender discrimination for an Ohio university's finding that he violated its sexual-assault policy.

A three-judge 6th U.S. Circuit Court of Appeals panel upheld a lower court's dismissal of several claims against Miami University and school officials, but found that the student presented enough factual allegations to support a "reasonable inference" of discrimination.

The student, identified in court documents as "John Doe," said most of Miami's sexual misconduct cases are against males who are then ruled responsible without fair hearings. He was suspended for a 2014 encounter with a female acquaintance who said he went ahead with sexual acts when she told him not to after they had some consensual activity.

The student said he was too drunk to remember anything that happened after she got into his bed.

Miami and other U.S. universities have been accused in other cases in recent years of violating male students' rights as the schools step up efforts against campus sexual assaults amid pressure by federal education authorities.

Pre-trial evidence "may reveal that the alleged patterns of gender-based decision-making do not, in fact, exist," Judge Karen Nelson Moore wrote, but added that the Miami student "has sufficiently pleaded circumstantial evidence of gender discrimination."

"We're extremely excited to see that the 6th Circuit has accepted our gender bias arguments and look forward to prosecuting our case," said his attorney, Eric Rosenberg.

The university said Friday that while several claims in the case were dismissed, "we are disappointed that others were not."

Miami continues to remain committed to a "fair and impartial student disciplinary process and denies any bias" in that process, the university said.

The original lawsuit asked for unspecified damages and legal costs and his university records of the case to be expunged.

The appeals court rejected other legal claims, including one that the school was "deliberately indifferent" to sexual misconduct by the female student because she kissed him when he was too inebriated to consent.


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Teen accused in Springfield school threat makes court appearance

Published: Friday, February 23, 2018 @ 2:33 PM

Extra police presence at Springfield High School this morning

The Springfield High School student charged in connection with a school threat that caused local schools and schools across the country to take safety precautions Thursday will not be charged as an adult.

Clark County Prosecutor Andy Wilson said in a statement the juvenile court system can handle incidents like these.

MORE: Springfield student arrested in Facebook threat: 4 things to know

“On Feb. 23 a delinquency charge of inducing panic as a second-degree was filed against the defendant in the Clark County juvenile court,” he said. “This charge carries with it the possibility of incarceration in the Ohio Department of Youth Services. This case will remain in juvenile court for adjudication and the State of Ohio will not seek to have this defendant bound over to adult court.”

READ: Springfield-Clark CTC investigates social media threat

What the suspect allegedly did was serious, Wilson said, and it will be prosecuted.

“The actions of this defendant caused serious public inconvenience and alarm,” Wilson said. “This defendant and any other person who posts or issues these kinds of threats will have to answer for their actions in front of a judge.”

He said no one should make threats against a school.

RELATED: Attendance ‘light’ at schools across Clark County after threat

“If the threat involves a school and causes serious public inconvenience or alarm, it is punishable in adult court by a possible sentence of two to eight years in the Ohio State Penitentiary,” he said. “Local law enforcement will continue to take these threats seriously and anyone caught making these types of threats will be arrested and charged.”

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K99.1FM named finalist for national radio award

Published: Friday, February 23, 2018 @ 2:02 PM

James Frye “Frye Guy” and Nancy Wilson have been manning the mics at K99 together since 2010, and there’s no more dynamic duo in country radio. CONTRIBUTED PHOTO
James Frye “Frye Guy” and Nancy Wilson have been manning the mics at K99 together since 2010, and there’s no more dynamic duo in country radio. CONTRIBUTED PHOTO

K99.1FM has been recognized for its commitment to the community.

The National Association of Broadcasters announced the finalists for the 31st Annual Crystal awards and WHKO-FM (K99.1FM) in Dayton was selected.

>> 7 ways K99 makes the community better

The award recognizes radio stations for their outstanding year-round commitment to community service. Ten winners will be selected from the 50 finalists. Winners will be announced at the April 10, 2018 NAB show in Las Vegas. 

Nick Roberts, vice president of marketing and radio operations for Cox Media Group Ohio, said: “Nancy Wilson, Frye Guy, our marketing team and staff are the most dedicated public servants that I’ve ever worked with. K99.1FM on a weekly basis is involved with helping charities around the region, including raising funding for Dayton’s Children’s Hospital, over 4 million to date.”

>> Get to know K99’s Nancy Wilson and Frye Guy

Rob Rohr, market vice president for Cox Ohio said: “Nancy and Frye are not your typical morning show hosts. They are passionate about helping this community and lead by example by rolling up their sleeves and making a huge difference.” 

>> PHOTOS: K99.1FM Cares for Kids Radiothon 2017

James Frye “Frye Guy” and Nancy Wilson have been manning the mics at K99 together since 2010, and there’s no more dynamic duo in country radio. CONTRIBUTED PHOTO

About Cox Media Group Ohio 

Cox Media Group Ohio is an integrated broadcasting, publishing and marketing company reaching over 94 percent of the region’s population each week with compelling news and entertainment content. Properties include WHIO-TV Channel 7, the #1 CBS affiliate in America, The Dayton Daily News, K99.1FM Radio and Cox Digital Marketing. Cox owns over 20 products and brands in Dayton and Cincinnati. 

>> K99 Radiothon draws generous donation from Garth Brooks


About NAB 

The National Association of Broadcasters is the premier advocacy association for America’s broadcasters. NAB advances radio and television interests in legislative, regulatory and public affairs. Through advocacy, education and innovation, NAB enables broadcasters to best serve their communities, strengthen their businesses and seize new opportunities in the digital age.

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Fairfield chooses from within for next police chief

Published: Friday, February 02, 2018 @ 2:00 PM

Fairfield police Lt. Steve Maynard was named on Friday, Feb. 2, 2018, to be the next Fairfield police chief, succeeding retiring chief Mike Dickey. Maynard’s first day as chief will be on Monday, Feb. 26, which is the same day Dickey will retire. MICHAEL D. PITMAN/FILE
Michael D. Pitman
Fairfield police Lt. Steve Maynard was named on Friday, Feb. 2, 2018, to be the next Fairfield police chief, succeeding retiring chief Mike Dickey. Maynard’s first day as chief will be on Monday, Feb. 26, which is the same day Dickey will retire. MICHAEL D. PITMAN/FILE(Michael D. Pitman)

Fairfield Police Lt. Steve Maynard will be the next police chief for the city, according to City Manager Mark Wendling.

Maynard was one of nine candidates to succeed Chief Mike Dickey, 70, who will retire on Feb. 26. Maynard’s first day as chief will be that same day. His starting salary is $113,000 a year.

INITIAL REPORT: Fairfield police chief to retire in February

“He knows the department really well, he’s been an officer here for 19 years and he’s worked really hard to put himself in this position,” Wendling said.

Maynard, the lone internal candidate for the job, was hired as a patrol officer by the Fairfield Police Department on June 21, 1999 — the same day as Dickey was hired to be the department’s police chief.

Wendling said he and Maynard have similar ideas as to the future of the police department, and he’s also “a great representative of the department.”

Maynard said he’s dedicated to the community he’s served for 19 years.

“Our police leaders and officers have been focused on developing and maintaining a good relationship with the citizens of Fairfield whom we are responsible to protect and serve,” he said. “I am dedicated to this community and very much look forward to leading the department’s continued strong service to residents.”

MORE: 5 from the region to be interviewed for Fairfield police chief

Maynard, a graduate of both the Northwestern Center for Public Safety and the FBI National Academy, was assigned to be a detective from June 2003 to August 2008 where he, among other things, led undercover sting operations involving vice crimes.

He was promoted to sergeant in August 2008 and then to lieutenant in April 2015 where he was involved in implementing and administering departmental policies and procedures, developing the department’s budget and purchasing, developing training programs, and community relations.

Mayor Steve Miller “fully supports” Wendling’s police chief choice.

“In the time that I’ve known Steve, he has always been an outstanding police officer,” said Mayor Steve Miller. “I think he will make an excellent police chief for the city of Fairfield.”

Dickey said Maynard has “worked long and hard” to prepare himself for police chief, and considers him to be “a progressive thinker and is willing to address issues in a straightforward manner.”

“In our conversations, he wants to be involved in the fabric of the community,” he said. “I have every confidence he can lead the Fairfield Police Department for the next several years.”

Fairfield City Councilman Ron D’Epifanio, chairman of city council’s Public Safety Committee, said he’s pleased with the choice.

“I’m sure there were some strong candidates but I was glad to see the decision made by our city manager, Mark Wendling, who we have total trust in, he chose somebody from within (the department),” he said. “He’s paid his dues … and he’s well thought of by his peers.”

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Horse herpes: Warren County animals test negative, still quarantined

Published: Friday, February 23, 2018 @ 1:53 PM

            Horses at the Warren County Fairgrounds have been quarantined after an outbreak of equine herpes.
Horses at the Warren County Fairgrounds have been quarantined after an outbreak of equine herpes.

Quarantined race horses in Warren County tested negative for a contagious strain of herpes, according to new information from the Ohio Department of Agriculture (ODA).

Several horses in Ohio tested positive for the Equine Herpes Virus (EHV) earlier this month. Some horses were expected to race at Miami Valley Gaming in Lebanon.

The outbreak was said to have come from a horse that came from the Meadows Racetrack and Casino in Washington, Pennsylvania.

TRENDING: Racino to race despite 450 horses quarantined in Warren County

On Thursday, state officials said that all horses that previously tested positive for the virus were retested on Feb. 20, and those came back negative.

The quarantined horses at the Warren County Fairgrounds and other facilities will be released on March 6, if no new cases are found.

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Horses cannot be moved from the quarantined locations until released.

State officials emphasized that it is “very important that the owners continue to follow the strict bio-security measures, as the virus can spread through the air or by contaminated clothing and equipment.”

The ODA expects owners to follow the strict guidelines until March 6 and still expect precautionary measures even after quarantine is released.

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