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Two Miami (Ohio) University students filed a federal lawsuit on Monday claiming the university relied on "erroneous" information when it suspended them for violating Miami's student code of conduct related to COVID-19. Miami suspended the students, identified as Jane Roe and Jane Doe, based on an Oxford police investigation. The party was held Aug. 22 at the off-campus home Doe and Roe shared with eight other students, according to the lawsuit. An Oxford police officer cited Roe and Doe, both juniors, for violating city ordinances that limited noise and mass gatherings, according to records filed by their attorneys. The Oxford City Council passed the "emergency" mass gatherings ordinance in response to concerns about COVID-19. The ordinance limits social events to 10 individuals at the same time. Court records show Miami's administrative hearing officer determined that Roe and Doe violated the university's code of conduct and may have placed students at risk of contracting COVID-19. "I was not found responsible for hosting, planning, inviting, nor even being outside when the “mass gathering” was occurring," wrote Roe in her appeal letter. "I only came outside pursuant to a request from an Oxford police officer to speak with a resident regarding noise."Roe wrote that she took a leadership position by "stepping up" to comply with the officer's request."Now I am the one suspended from my school," she wrote. Doe echoed Roe's comments in her appeal letter."Perhaps most importantly, the timing of this incident is paramount to the case, as the date in question was Aug. 22, 2020, the first week of classes at Miami," Doe wrote. "Students were receiving limited clarifying information as to the exact expectations of the university."Clarifying guidance for Miami's policy on mass gatherings was provided five days after the Aug. 22 party, according to the lawsuit.Roe and Doe both lost their appeals, according to Miami records filed in the lawsuit.The Appeals Board agreed with the hearing officer's finding that there was "reasonable fear" that the party during a pandemic "may have endangered many people," according to Gerald Granderson, chair of the appeals board. Miami has received national attention for off-campus parties thrown by students during the pandemic. Oxford Police Department Screenshot from Oxford Police Department body camera recording In September, a Miami student told an Oxford police officer that he and other students were partying at an off-campus house even though they had tested positive for COVID-19 and were supposed to be quarantined, according to the officer's body camera recording.The officer issued citations against six individuals in that incident, according to a previous report. It's unclear if Miami U took disciplinary action against any of the students who received citations. Miami's COVID Dashboard shows 2,252 students – 10% of those enrolled – have tested positive for the virus. According to the lawsuit filed on Monday, Miami suspended Roe and Doe for the fall semester and will not allow them to be on campus until January 1, 2021, according to the lawsuit. The suspensions violated Miami's "contractual obligations and promises" to the students, according to the lawsuit. Roe and Doe are asking for "not less than ,000" in damages, an order requiring Miami to expunge the students' records related to the suspension, and an order requiring the university to reinstate the students. Miami has not responded to the lawsuit in court. This article was written by Craig Cheatham for WCPO. 3628

CHICAGO, Ill. – The fight against domestic violence has found a new warrior in a surprising place – the hair salon. And now, more and more states are looking to stylists to spot the signs of victimization. For Joan Rowan, who has been in the salon business for 44 years, the bond between hair stylist and client is strong. “It's a very intimate relationship,” said Rowan. Over the years, she says she’s heard the intimations many times before. “’He'd kill me if he knew how much money I spent. No, you can't cut my hair too short. My husband doesn't like it.’ Those kinds of answers. Suddenly you're asking them like are you OK?” It’s those in-chair conversations that drove her 20 years ago to start training her own staff to recognize the signs of domestic abuse. “They all knew stories and heard it all before. They had had clients who came bruised or hair missing,” said Rowan. Many clients she said appeared sad or afraid. In 2017, Illinois became the first state to require all cosmetologists and salon professionals to complete a one-hour, one-time education course on how to spot the signs of domestic violence and sexual assault. They look for evidence of physical abuse like bruises and cuts or outward behaviors like self-blame, sudden lifestyle changes, and irregular appointments. The law, which went into effect this year, impacted more than 84,000 licensed cosmetologists and estheticians in the state. “We are not trained as reporters or anything like that,” explained Rowan. “All we do is give them a phone number that they can call if they need help.” According to the Professional Beauty Association, Illinois, Arkansas and California, have already passed laws mandating domestic abuse training for cosmetology school students or current salon professionals. Since last year, another six including, Florida, Hawaii, Maryland, Massachusetts, New York and Texas, have attempted to pass similar legislation. For salon owner Susanne Post, it’s personal. “Part of my story is that I’m a survivor of domestic violence myself,” said Post. Two years ago, she helped create a domestic violence training program for Nashville stylists. She says she’s hopeful that her home state of Tennessee will pass a law similar to other states. "In Tennessee, we are the fifth in the nation at the rate that women are killed by men, which is just unbelievable,” she said. “It affects one in four women, and one in seven men.” Joan Rowan says she’s proud to have been part of genesis of the training and the laws that are now spreading to help protect both men and women. “It has saved lives,” Rowan said. “It's real. And it doesn't have to be. And we can all help people get out of trouble.” 2725

Colorado is the latest state to move forward with a red flag law.Since the Parkland shooting, at least 9 states have passed laws allowing police to take guns from people who pose a significant threat to themselves or others.However, some members of law enforcement are fighting back. “What I’m refusing to do is enforce a law I believe, and I believe my constituent base is in agreement,” says Sheriff Steve Reams with the Weld County Sheriff’s Office in Greely, Colorado. “I can't enforce a law I believe goes against our state constitution or our federal Constitution.” Sheriff Reams is likely the loudest voice opposing Colorado’s red flag law. Half of the state’s county governments have passed resolutions, saying they don't want to enforce the law, which allows people to flag authorities about others who may be suicidal or dangerous. Police would then be able to take their guns. Critics argue gun owners don't have a fair chance to defend themselves, before their weapons are confiscated. “I don't believe this bill is constitutional,” Sheriff Reams says. “I've said that many times over. I'll continue to say that until [the] bill [is] modified in a way that makes sense and addresses the real issue, which is mental health.”Fourteen states have passed the red flag, including Florida, New York, Delaware, Illinois, Maryland, Massachusetts, New Jersey, Rhode Island, Vermont, California, Connecticut, Indiana, Oregon and Washington. One study found the Connecticut law reduced gun suicides by more than 10 percent in recent years, and the Indiana law led to a 7.5 percent drop. But in California, the red flag law did not stop a 28-year-old veteran with a long history of mental health issues from opening fire at bar, killing 12 people, because no one filed a petition with a court. “A flu shot is only good if you take it right, and so, I think part of what law enforcement is learned is having laws on the book is one thing, but having the confidence and understanding and training to use them is quite another,” says David Chipman with Giffords, an organization aimed at fighting gun violence. In 2018, judges issued more than 1,700 orders for guns to be seized under red flag laws, and that does not include California. 2250

AMC Theatres announced movie fanatics would have to wait even longer before returning to movie theaters, according to a news release.The company announced Thursday, the new reopening date is expected in “late to mid-August,” due to an increase in COVID-19 cases.According to the company's website, the reopening date was supposed to be July 30.With the new delay, Disney fans will have to wait even longer for much-anticipated movies like Mulan, among others.AMC theaters have already reopened in other places, like Europe and the Middle East, according to the news release. KSHB's David Medina first reported this story. 644

A Wilson County, Tennessee, woman is facing a lawsuit after she posted a negative review on Yelp about a middle Tennessee doctor in November. Kelly Beavers is accused of defamation and libel, and false light for a post she made about Dr. Kaveer Nandigam of Nandigam Neurology in Murfreesboro. Her Yelp review, which remained on the website three weeks after she originally posted it, said, "This "Dr's" behavior today was totally unprofessional and unethical to put it mildly. I will be reporting him to the State of TN Medical Review Board and be filing a formal complaint. How this guy is in business is beyond me. Since when did they start allowing Doctors, to throw a complete temper tantrum in front of Patients and slam things when they get upset? He does not belong in the medical field at all." On November 27, the attorney for Nandigam Neurology filed a ,000 lawsuit against Beavers and her friend's son who posted a negative review on Google as well and has since been accused of conspiracy. Beavers said he wrote the review after he overheard her conversation. The lawsuit said the review "contained false, disparaging, and misleading statements." The lawsuit also suggested that the second defendant "was specifically recruited" by Beavers to post false and misleading statements. The plaintiff is also demanding Beavers to remove the post and for the court to issue an injunction to prohibit any further statements against Nandigam Neurology. As of this week, Nandigram Neurology only has Beavers' review and another post that gave the business five stars. Meanwhile, the company has 4.3 out 5 stars from the 21 reviews on Google. "Just in shock, I can't believe it," Beavers said. "They just don't want any negative reviews and they don't want people to talk about or give a bad review." Beavers said she has no regrets leaving the review on Yelp despite the legal action against her. She claimed she posted the review after what she called a disrespectful and shocking experience. After being referred to Nandigam Neurology, Beavers brought her 67-year-old father for dizziness and memory loss, which may have been early signs of dementia. There have been prior interactions with the staff but never with the doctor until the last visit. Beavers says the interaction seemed fine at first, but that said the doctor then threw a temper tantrum and slammed his clipboard when he realized she was recording the appointment on her cell phone, which is something she has done with other doctor visits. "Sometimes we all have things we forget, so that's why I record every doctor's visit. I want to make sure that I'm doing everything right," she explained. "He literally snapped and demanded my phone." Since Tennessee is a one-party consent state, she could record on her phone without the need for permission. Nevertheless, she claims she deleted the recording after he demanded her to. Later that day, an office employee called her to get her version of the story and deemed it was likely a miscommunication. The employee said phones were not allowed in the office, and the situation could have been mitigated if there was a prior notice to record. Beavers believed she should have been taken aside to address any concerns. Ken Paulson of the Free Speech Center, a nonpartisan educational institution that teaches how the First Amendment works in society, said there always needs to be a conscious effort to differentiate between stating an opinion or fact on platforms like Yelp. Words like unethical, dishonest or lying have the potential to damage a reputation or business if believed widely. "Don't state things you cannot back up. It's okay to say you didn't like this pizza or the anchovies were terrible because that's opinion, but you can't say they can't make this pizza without washing their hands. It's a difference in expressing an opinion and damaging a business or person," Paulson said. In reality, lawsuits like what Beavers is facing could be disputed in court and avoid the judicial process under the newly enacted Tennessee Public Participation Act otherwise known as an Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The act hopes to prevent filing lawsuits as a form of intimidation and protect First Amendment rights, and has slowed down what was a common type of lawsuit in the past. "It allows you when you're sued to go to a judge and say, 'This is nonsense, they're just angry, I didn't cause any damage, will you dismiss this?'" Paulson explained. "They have to prove in the long run that you damaged them and spoke untruths." A judge is there to weed out cases that have no merit but if it is not dismissed, will still have to go through the judicial process. Speech Defense and Anti-SLAPP Lawyer Daniel Horwitz expressed his approval for the legislation when it was passed. He said an overwhelming majority of defamation and other speech-based lawsuits are not filed because a person has suffered an actual legal injury. Horwitz claims the purpose is to punish people for lawfully exercising their right to speak freely about a topic that the suing plaintiff wants to censor. “Tennessee’s new anti-SLAPP statute was specifically designed to punish abusive litigants who file baseless claims against people for exercising their First Amendment rights. The Yelp review is not even conceivably tortious, and the defendants should not give in to a bogus lawsuit like this one. Instead, they should fight back, get the plaintiff sanctioned, and make the plaintiff pay their attorney’s fees under the newly enacted Tennessee Public Participation Act," Horwitz said in a statement to NewsChannel 5.Beavers said she plans to a hire a lawyer and fight the lawsuit. Meanwhile, a request for comment for Nandigam Neurology has been left. 5817

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