GUILTY PLEA DEAL ACCEPTED - ID - 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #114

  • #3,821
paying PHD student, not just an employee of the school.
I don’t believe all of the harassment etc involved students in his classes where he was the TA. WSU has a police department and the students (in general) and fellow graduate PhD students could have filed a report with the WSU police department or the local police department regarding the more serious complaints, regardless if they filed a complaint through the University lines of authority. It can could get iffy because it may look like the student felt like the university chain of command (course instructor, dept chair, Dean, etc) couldn’t/wouldn’t handle it.

However, University processes may be extremely slow. Personally, I have seen major differences when university police depts are accredited as there are professional standards and these standards have been reviewed by the accrediting organization. I’m not saying folks don’t get blown off, but usually accredited depts (I’m using that word because I don’t want to use “more professional”) report directly to the President of the University or a Senior VP that’s on the President’s Cabinet.

On the other hand, I could also see a review of the university’s processes for these type of situations such as was it appropriate for the professor to have an open forum for the students to confront BK? Or would it be a better option for the professor to review how BK’s grading and all of his notes? Also, there may be a caution about putting in writing about projected future behavior/acts of BK, as it may put the University “at risk”.

JMO.
 
  • #3,822
There were not legal means to lock him up , but a report could be filed, again making police aware of him in the community. They may not have been willing to file, but I don't think it should be up to the student to make a report. It will definitely be a judge's call. I don't know if there is a precedent for a case like this. They could have brought him in and talked to him, they could have tried for a warrant to check his home and computers etc for illegal content...they could have shaken him up pretty good without ever arresting him. I don't know but they literally did nothing regarding his scary and threatening behavior beyond setting him free into the ether.

it will be the judges call and it will be interesting. mOO
The university could not file a criminal complaint with the police, or even make an informal disclosure because FERPA restricts their ability to disclose student information without student consent (including BK's). The police could not harass BK without probable cause. They could not even contact him to investigate his behavior without complaints from the victims themselves. None were forthcoming.

Should Goncalves sue BK's student victims for failing to file a criminal complaint with the police? Do you think they had a duty to do so? Preposterous. If they can't sue the student victims they can't sue the university.

The Goncalves case is based on false factual allegations, speculation about "what ifs", and specious legal theories. If the University wants to defend it, the case will be dismissed without a trial. If Goncalves will settle for the cost of defense, the university may choose to do so out of sympathy for families in grief.
 
  • #3,823
The university could not file a criminal complaint with the police, or even make an informal disclosure because FERPA restricts their ability to disclose student information without student consent (including BK's). The police could not harass BK without probable cause. They could not even contact him to investigate his behavior without complaints from the victims themselves. None were forthcoming.

Should Goncalves sue BK's student victims for failing to file a criminal complaint with the police? Do you think they had a duty to do so? Preposterous. If they can't sue the student victims they can't sue the university.

The Goncalves case is based on false factual allegations, speculation about "what ifs", and specious legal theories. If the University wants to defend it, the case will be dismissed without a trial. If Goncalves will settle for the cost of defense, the university may choose to do so out of sympathy for families in grief.

thank you, I did not know any of this stuff..
 
  • #3,824
According to some NOTHING can be done.
Students can be harassed :rolleyes:
I guess
the victims' families are being helped by very good lawyers.
And the fact that all 4 families joined forces is very telling.
Fingers 🤞
#Always Supporting Victims' Families
 
  • #3,825
I can’t believe that he or any prisoner has access to a coax cable to begin with .

You'd think he'd have to earn the privilege.

And mete access.

I hope it's not unlimited.

Yes, I understand that, in the whole, it pacifies inmates but he's not in a position to cause disruption or immunity. Seems to me that he should have to earn his screen time. And cap it.

jmo
 
  • #3,826
The university could not file a criminal complaint with the police, or even make an informal disclosure because FERPA restricts their ability to disclose student information without student consent (including BK's). The police could not harass BK without probable cause. They could not even contact him to investigate his behavior without complaints from the victims themselves. None were forthcoming.

Should Goncalves sue BK's student victims for failing to file a criminal complaint with the police? Do you think they had a duty to do so? Preposterous. If they can't sue the student victims they can't sue the university.

The Goncalves case is based on false factual allegations, speculation about "what ifs", and specious legal theories. If the University wants to defend it, the case will be dismissed without a trial. If Goncalves will settle for the cost of defense, the university may choose to do so out of sympathy for families in grief.
I agree you can’t force folks to file a report with the police. The students were depending on the university to handle it. I could see it may be damning for the university if there’s lots of emails regarding BK’s behavior; especially if they are experts in the field of criminal psychology. In general, emails are considered university communications & it would be prudent for the families to ask they be preserved.
 
  • #3,827
Inmates are allowed to purchase televisions for their cells to watch and they have access to tablets for a fee, supplied by the State I believe. I read on these many threads a while ago, that there was a study done showing access to these items promoted a less violent environment in general.

If a prisoner is held in Ad Seg, where I believe the murderer is housed...he shouldn't be a threat to anyone else. Give him books, paper and crayons and call it good. 🤫

MOO
I understand what you’re saying. And I know they can purchase items . It just shocked me .
 
  • #3,828
I agree you can’t force folks to file a report with the police. The students were depending on the university to handle it. I could see it may be damning for the university if there’s lots of emails regarding BK’s behavior; especially if they are experts in the field of criminal psychology. In general, emails are considered university communications & it would be prudent for the families to ask they be preserved.
Emails that pertain to an identifiable student are private under FERPA, regardless of who creates them, so long as they are maintained by the institution. This includes BK's records as an employee because his employment arises out of his student status. It specifically includes records related to discipline. I believe the university will ask the court to place a hold on discovery of these private documents until the viability of the lawsuit is resolved as a matter of law.

FERPA regulations defining student records ("education records" in the law) can be found at 34 CFR 99.3. Education records are defined broadly, to include all records that are:

(1) Directly related to a student; and

(2) Maintained by an educational agency or institution or by a party acting for the agency or institution.


(b) The term does not include:

(1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

(2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.

(3)(i) Records relating to an individual who is employed by an educational agency or institution, that:

(A) Are made and maintained in the normal course of business;

(B) Relate exclusively to the individual in that individual's capacity as an employee; and

(C) Are not available for use for any other purpose.

(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition.


(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

(ii) Made, maintained, or used only in connection with treatment of the student; and

(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and

(5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student.

(6) Grades on peer-graded papers before they are collected and recorded by a teacher.

(Authority: 20 U.S.C. 1232g(a)(4))
 
  • #3,829
Emails that pertain to an identifiable student are private under FERPA, regardless of who creates them, so long as they are maintained by the institution. This includes BK's records as an employee because his employment arises out of his student status. It specifically includes records related to discipline. I believe the university will ask the court to place a hold on discovery of these private documents until the viability of the lawsuit is resolved as a matter of law.

FERPA regulations defining student records ("education records" in the law) can be found at 34 CFR 99.3. Education records are defined broadly, to include all records that are:

(1) Directly related to a student; and

(2) Maintained by an educational agency or institution or by a party acting for the agency or institution.


(b) The term does not include:

(1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

(2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.

(3)(i) Records relating to an individual who is employed by an educational agency or institution, that:

(A) Are made and maintained in the normal course of business;

(B) Relate exclusively to the individual in that individual's capacity as an employee; and

(C) Are not available for use for any other purpose.

(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition.

(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

(ii) Made, maintained, or used only in connection with treatment of the student; and

(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and

(5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student.

(6) Grades on peer-graded papers before they are collected and recorded by a teacher.

(Authority: 20 U.S.C. 1232g(a)(4))
It would be interesting if BK will be treated as a student in the capacity of a TA. Other student names could be redacted in the emails.
 
  • #3,830
Mother and Father.
Bad optics won't win a case. What else could WSU have done other than to fire him earlier??? He still would have committed the murders. They happened to students at a different school in ANOTHER state (and not even on campus at their school)! They bear NO responsibility IMO!
All true. But the idea of fighting with the parents might just be too dreadful. Its joy a wrongful termination or other usual type case, it's just sickening.
 
  • #3,831
I work in college administration and based on my experiences, I believe WSU will settle. Though the victims' families don't really have a legal leg to stand on, I don't think the university is going to want the long and protracted negative attention, which becomes exponentially worse if they were to fight against the families. JMO
 
  • #3,832
  • #3,833
According to some NOTHING can be done.
Students can be harassed :rolleyes:
I guess
the victims' families are being helped by very good lawyers.
And the fact that all 4 families joined forces is very telling.
Fingers 🤞
#Always Supporting Victims' Families

I'm all for supporting families. But I will never condone punishing universities when they've done nothing wrong. Just because the families are grieving, it doesn't mean the university is responsible. Only one person is responsible for their pain and he is in prison for the rest of his life.

MOO.
 
  • #3,834
I agree you can’t force folks to file a report with the police. The students were depending on the university to handle it. I could see it may be damning for the university if there’s lots of emails regarding BK’s behavior; especially if they are experts in the field of criminal psychology. In general, emails are considered university communications & it would be prudent for the families to ask they be preserved.

Why would it be damning for the university? He started and was terminated within one semester. That's actually pretty fast in academics, IMO. They can't just terminate a student/TA. Even if they had fired him in October, would that have changed anything in this situation?

His employment had nothing to do with the murders.

MOO.
 
  • #3,835
Why would it be damning for the university? He started and was terminated within one semester. That's actually pretty fast in academics, IMO. They can't just terminate a student/TA. Even if they had fired him in October, would that have changed anything in this situation?

His employment had nothing to do with the murders.

MOO.
It could be damning as it provides information from faculty members and the lack of addressing the issue in accordance to university policy. It would be better to not have policies than not to follow through with them. One never knows how a jury will decide a verdict.

Yes, you may terminate a TA, especially if reporting & a subsequent investigation showed he had violated Title IX. If the University had acted in “good faith”, this lawsuit would not exist. Universities tend to have a laborious process, but it appears as though processes in place were not followed.

There is a slight possibility that BK could have stayed in this area if fired in Oct, but I doubt he would have had funds to do so.

I agree with the previous post, there will be a settlement.
 
  • #3,836
Why would it be damning for the university? He started and was terminated within one semester. That's actually pretty fast in academics, IMO. They can't just terminate a student/TA. Even if they had fired him in October, would that have changed anything in this situation?

His employment had nothing to do with the murders.

MOO.

Interesting question, thanks for posting.

The question:

"Even if they had fired him in October, would that have changed anything in this situation?"
Also an interesting statement:
"His employment had nothing to do with the murders."

So I wonder. Had they fired him in October I think if he had gone home - run out of money because I believe he had some financial benefit as a TA - then it is possible he would have stopped the plans to murder in the King Rd home. Not sure, but possible he would have given up the idea.

As to his employment affecting the murders ... He bought the knife I believe many months before he moved to Pullman and had he planned his King Rd target early in 2022, then his gaining employment at Washington State University was crucial for him to be in the area of Moscow and his intended target. I still think his target was one student that he could have easily discovered afar using social media.

The victims appeared to be easy to look up on co-ed social media sites, at least on co-ed Moscow University sites.

Anyway, interesting theories to speculate on. BK sure isn't handing out information.

2 Cents
 
  • #3,837
Interesting question, thanks for posting.

The question:

"Even if they had fired him in October, would that have changed anything in this situation?"
Also an interesting statement:
"His employment had nothing to do with the murders."

So I wonder. Had they fired him in October I think if he had gone home - run out of money because I believe he had some financial benefit as a TA - then it is possible he would have stopped the plans to murder in the King Rd home. Not sure, but possible he would have given up the idea.

As to his employment affecting the murders ... He bought the knife I believe many months before he moved to Pullman and had he planned his King Rd target early in 2022, then his gaining employment at Washington State University was crucial for him to be in the area of Moscow and his intended target. I still think his target was one student that he could have easily discovered afar using social media.

The victims appeared to be easy to look up on co-ed social media sites, at least on co-ed Moscow University sites.

Anyway, interesting theories to speculate on. BK sure isn't handing out information.

2 Cents
It is interesting. According to the lawsuit posted he intimidated the professors ((MO) & no follow through on the complaints
 
  • #3,838
I'm all for supporting families. But I will never condone punishing universities when they've done nothing wrong. Just because the families are grieving, it doesn't mean the university is responsible. Only one person is responsible for their pain and he is in prison for the rest of his life.

MOO.
I totally agree! I think this lawsuit is wrong and unjustified against WSU.
 
  • #3,839
It could be damning as it provides information from faculty members and the lack of addressing the issue in accordance to university policy. It would be better to not have policies than not to follow through with them. One never knows how a jury will decide a verdict.

Yes, you may terminate a TA, especially if reporting & a subsequent investigation showed he had violated Title IX. If the University had acted in “good faith”, this lawsuit would not exist. Universities tend to have a laborious process, but it appears as though processes in place were not followed.

There is a slight possibility that BK could have stayed in this area if fired in Oct, but I doubt he would have had funds to do so.

I agree with the previous post, there will be a settlement.
So then he would have murdered in PA or WA. Not much difference.
 
  • #3,840
Interesting question, thanks for posting.

The question:

"Even if they had fired him in October, would that have changed anything in this situation?"
Also an interesting statement:
"His employment had nothing to do with the murders."

So I wonder. Had they fired him in October I think if he had gone home - run out of money because I believe he had some financial benefit as a TA - then it is possible he would have stopped the plans to murder in the King Rd home. Not sure, but possible he would have given up the idea.

As to his employment affecting the murders ... He bought the knife I believe many months before he moved to Pullman and had he planned his King Rd target early in 2022, then his gaining employment at Washington State University was crucial for him to be in the area of Moscow and his intended target. I still think his target was one student that he could have easily discovered afar using social media.

The victims appeared to be easy to look up on co-ed social media sites, at least on co-ed Moscow University sites.

Anyway, interesting theories to speculate on. BK sure isn't handing out information.

2 Cents
Exactly! By that logic, the parents could have just as easily gone after U of Idaho for not protecting their students.
 

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