Expelled student claims evidence proves Denison wrong

8-21-2010 Ohio:

NEWARK -- A young man expelled from Denison University after he was accused of sexually assaulting two female students hopes a lawsuit will clear his name and correct what his family sees as Denison's poor practices in investigating students.

Joseph Galano Jr. filed the lawsuit in May 2010 -- the month after he was expelled for reportedly sexually assaulting two women.

The lawsuit already has prompted the Licking County Prosecutor's Office to implement a memorandum of understanding with Denison University and Granville police to improve communication about crime on campus. Prosecutor Ken Oswalt did not learn about the assault allegations until after Galano was expelled.

"I feel as if Denison has made victims out of both of the girls and Joe," said Galano's attorney, Eric Rosenberg.

Denison attorney Stephen Freeze said Galano Jr. was justifiably removed from campus for violating the student code of conduct, according to court filings.

The Advocate reviewed depositions and court filings made in the case, which is set for trial in February. No criminal charges have been filed against Galano.

One woman reported Galano Jr. raped her in his dormitory room while she was too drunk to fight back in November 2008. He later pinned her against a wall and molested her, according to her statement to Granville police. Before Christmas break that year, Galano Jr. reportedly forced her to engage in sex in a laundry room, according to her statement.

The other woman reported Galano Jr. raped her in his dormitory room after a sorority formal. He said, "It was an accident," according to her statement to Granville police.

The two women told a counselor, then later the campus security director and Granville police, that Galano Jr. assaulted them on multiple occasions between 2008 and 2010.

The university gave the women little time to decide whether to press criminal charges, one woman wrote in a diary submitted as evidence.

"(Denison administration) gave me three hours to make one of the biggest decisions of my life. No only that, but they kind of coerced me into meeting (the other woman)," the woman wrote.

"In a way, I'm glad that the school is taking this seriously and wants to do something about it, but another part of me is pissed that it took two of us for them to take this seriously," she wrote.

On March 2, 2010, Dean of Students Laura Neff told Galano Jr. he must withdraw from Denison University or face disciplinary charges.

Galano Jr. asked for an investigation to determine details of what occurred during the suspected assaults but was not given that information, Joseph Galano Sr. said.

Galano Jr. was charged on campus March 4, 2010, with assaulting and harassing the women. The facts were presented at two Community Rights and Standards Board hearings -- one for each woman's incidents.

Denison violated its code of conduct requiring an "unbiased hearing," Rosenberg wrote. The boards that decided Galano Jr.'s fate included people who knew the women, including a fellow sorority member, according to court records.

Galano Jr. was not permitted to have an attorney at these hearings and not read his Miranda rights when questioned by Denison's safety director, Rosenberg wrote.

But Galano Jr. never was in custody or interrogated by Denison's safety director, wrote Freeze, the university's attorney.

"A right cannot be violated where the right does not exist," Freeze wrote.

The counselor who worked with both women shredded notes and one woman's statements, according to emails.

"Consider the shredding done. I asked permission to shred the notes that I took earlier (University Council). I've just shredded your statements," she wrote.

Galano Jr. alleges the university destroyed evidence that would have helped in the lawsuit, but university officials said the notes were destroyed after the two hearings and before the lawsuit was filed, according to court filings.

"Those notes were not part of the hearings and were not evidence during the hearings. The hearings were recorded, and transcripts of the hearings were available for (Galano Jr.)," Freeze wrote.

Between April 9, 2010, and April 10, 2010, the boards recommended Galano Jr. be expelled. He appealed the decision, but it was affirmed by President Dale Knobel on April 26, 2010.

Galano Sr. said Neff and others contributed to his son's unjust treatment. He would like to see them fired.

"Unless assurances are provided that this will never happen again, personnel changes need to be made," Rosenberg said.

The lawsuit seeks damages sufficient to compensate Galano Jr. for Denison's violation of his due process rights, exceeding $25,000, according to the amended complaint.

The case is set for trial in February, but settlement discussions are in the works, Rosenberg said.

Freeze and attorneys for the women, Stephen Wilson and Andrew Crawford, did not return multiple calls for comment. ..Source.. by Jessie Balmert, Advocate Reporter

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Denison University, former student resolve case about assault allegations

11-17-2011 Ohio:

NEWARK -- A lawsuit between an expelled student and Denison University about allegations of sexual assault has been settled, but attorneys said the terms of the agreement are confidential.

Joseph Galano Jr. filed a lawsuit in May 2010 against Denison for unfairly expelling him, and two young women for alleging he sexually assaulted them.

Galano said Denison officials knew the women's statements used to expel him were false.

No criminal charges have been filed against Galano, who is not enrolled at the university.

The lawsuit prompted the Licking County Prosecutor's Office to implement a memorandum of understanding with Denison and Granville police to improve communication about crime on campus.

Galano's attorney, Eric Rosenberg, said his client was satisfied with the resolution, a sentiment echoed by Seth Patton, Denison's vice president of finance and management.

"We're glad it's resolved," Patton said. ..Source.. by Advocate staff report

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