Author Archives | Noah McGraw

UOPD is paying $755,000 to an officer and former student. Why?

James Cleavenger, a University of Oregon Police Department officer, reported for work on Sept. 20, 2012, like it was any other day — except it was his birthday.

“You’d always get a birthday card signed by everybody, so I knew they knew it was my birthday,” Cleavenger said. “I didn’t get a card though, I got kicked out and escorted off campus instead.”

Cleavenger had been demoted several times over the past months, and his employment at the UOPD was on rocky ground since he was first hired a year earlier. When he arrived at work, Cleavenger was placed on paid administrative leave, pending an internal investigation against him and escorted off campus.

Last month, a jury awarded Cleavenger $755,000 in damages in a lawsuit he brought against the UOPD in 2013. The jury found that the UOPD retaliated against Cleavenger for whistleblowing, wrongfully terminating him and attempting to destroy his future career opportunities in law enforcement.

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James Cleavenger during his time as a UO law student, during which he met President Obama. (Photo submitted by James Cleavenger.)

 

Cleavenger was hired onto the force in 2010 and promoted to full-time UOPD officer in March 2011.

After his promotion, Cleavenger began a six-month trial period, during which he could be fired for any reason a without the department having to show just cause. During this period, Cleavenger was introduced to “The List.”

Used as a way for officers to vent about frustrations on the job, “The List” contains people, events and things that officers on the graveyard shift thought should “eat a bowl of dicks,” evolving from jokes around the office.

At the time it was submitted for trial, the list had over 200 entries.

The list contained primarily celebrities, with entries ranging from “Mick Jagger’s Arm Fat” to “Spongebob Squarepants,” but its contents worried Cleavenger when they edged into university politics. Campus bicyclists, Crowd Management Services (the security team at UO football games) and former ASUO president Amelie Rousseau all appear on the list.

For example, Rousseau was added to the list because she was “adamantly against the police transition” from DPS to UOPD, LeRoy said in court.

Cleavenger did not complain about any misconduct he witnessed, including the list, because he was still on his trial period and feared he would be fired. Lieutenant Brandon Lebrecht, a contributor to the list, was his superior officer.

Timeline: Cleavenger v. University of Oregon

Misconduct

In October 2011, Sergeant Scott Cameron became Cleavenger’s direct supervisor. According to Cleavenger, Cameron started sharing information about Cleavenger’s past with Lebrecht (like his opposition to arming campus security with tasers in 2008) and then using it to harass him. In court, attorneys for the UOPD denied this claim.

One month after Cleavenger received a new supervisor, he received a “Clarification of Expectations Letter” — his first reprimand. The letter said that Cleavenger had violated the department’s grooming standards by not shaving every day “on at least two occasions” and for officer safety concerns.

“I’m the only person who’s ever been written up for [not] shaving,” Cleavenger said.

The “safety concerns” alleged in the letter stem from Cleavenger’s policing philosophy. He said he “kept getting in trouble” for issuing too many warnings and “refusing to arrest students.”

“They wanted to punish more, write more tickets, make more arrests, so they could make a bigger push to become a police department,” Cleavenger said.

In the defense’s opening statement, attorneys for UO said “[Cleavenger] approaches a contact believing, ‘You’re a good guy until you prove to me you’re not.’ And no matter how many times he’s talked to about this, he defends this position … He fails to appreciate the danger that he encounters on a daily basis,” they said.

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James Cleavenger in 2011 on marijuana raid with Junction City Police Department. (Photo submitted by James Cleavenger.)

Arbitration

Cleavenger received another letter of reprimand in May 2012 accusing him of not complying with department standards in officer and safety tactics. It referenced an incident at Spencer View Apartments, prompting an internal investigation against Cleavenger.

Cleavenger appealed the letter. Arbitration on the letter continued for a year until Cleavenger won. During arbitration, he was put on paid leave, then unpaid leave, before ultimately being fired.

The arbitrator told the UOPD to reinstate Cleavenger and reimburse him for back pay.

However, in an email to UOPD officers, UOPD Chief Carolyn McDermed dismissed the decision, “No police department would accept that. I also said we would not take him back!”

Brady Listing

On May 17, 2014, UOPD submitted over 200 pages of documents attempting to place Cleavenger on the Brady List, a process in which a department places a former officer on a list naming them “untrustworthy,” which prevents them from testifying in court. Cleavenger’s attorney, Jason Kafoury, said placing Cleavenger on the Brady List would essentially ruin any potential career he may have in law enforcement, since it is very important for officers to testify in court.

“Honest police officers should not have their careers ruined by command staff that’s retaliating against them for exercising their free speech,” Kafoury said. Cleavenger’s appearance on the Brady List is currently in question.

In the Courtroom

Cleavenger filed the official lawsuit against UO, the UOPD and several UOPD employees on Oct. 13, 2013. Over the next year, defendants were narrowed down to Chief McDermed, Lieutenant Lebrecht and Sergeant Cameron.

The verdict was given on Sept. 25.

The jury found that McDermed, Lebrecht and Cameron took “adverse employment action against the plaintiff,” according to court documents. The jury felt that UOPD officers did not afford Cleavenger his First Amendment rights, and that they retaliated against him for filing the lawsuit in 2013. The amount awarded by the jury, $755,000, includes $650,000 in economic damages for ruining his potential career in law enforcement.

Cleavenger’s taser comments in 2008 and the “Bowl of Dicks List” were not included as factors in their decision.

“The university is disappointed by the jury’s decision,” university spokesman Tobin Klinger said in a statement. “We will review it closely and determine next steps, which may include an appeal. Should the university ultimately pay damages, the funds would come through insurance and not the general fund or from those named in this matter.”

Cleavenger now works at the Eugene Federal Courthouse, and is also employed at the Coburg Police Department as a reserve police officer, working a combination of paid and volunteer positions. He hopes that community policing can still be a reality at UO.

“This case was a victory for every honest police officer in the State of Oregon,” Cleavenger said in a statement after the trial. “The verdict in this case sends a message that it is not OK to railroad and retaliate against honest officers who try to speak out against their departments on matters of public concern.”

The UOPD declined to comment on this story.

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UO community honors UCC shooting victims during candlelight vigil

Grieving members of the University of Oregon community filled the EMU amphitheater Monday night for a candlelight vigil. Around three hundred people showed up to show their support.

The event was held by members of the Erb Memorial Union, who provided candles and white cards emblazoned with the University of Oregon seal on a table where students gathered in silence, and wrote heartfelt messages towards the members of the Roseburg community. Daniel Pascoe, the Career Center director, introduced the speakers.

“Our nation is plagued by this issue of violence, and we have the ability to not allow our fellow Oregonians to suffer unnoticed” said ASUO President, Helena Schlegel, “but rather keep with us the events that happened last Thursday, and ensure that we create a better future in this time of healing for everyone.”

UO president Michael Schill spoke next, acknowledging that one of the shooting victims was a UO alumnus. Lawrence Levine, 67, the teacher in the classroom that was first attacked, received his B.A. at Oregon in 1969, and earned an M.F.A in 1972.

“My heart hurts for the lost potential and for the grieving loved ones they left behind,” Schill said.

Schill took the moment to note his disdain towards the frequency of mass shootings in American society.  He mentioned what he believes to be two important facts: that where there are more guns, there tends to be higher rates of homicide, and those jurisdictions with stricter gun control legislation are fewer gun-related deaths.  

“We must consider the connections between guns and violence. As a nation, and as a state, we must look at what the role the sheer volume of guns has, and what their access to people mean in regard to these mass shootings,” Schill said.

Robin Holmes, VP of Student Life, assured that the possession of firearms in the UO, or any of its controlled property is strictly prohibited, and if violated, that there is a university-wide plan in which to respond including UO and Eugene police.

“Possession of firearms in the University of Oregon campus, or any of our controlled property, is strictly prohibited,” Holmes said.

“It’s sort of acknowledging that everyone who attends a university has to acknowledge it’s a possibility,” Summer Ketchum, a student in attendance, said.

Pascoe invited the final speaker to the stand, Andiel Brown, instructor for the UO Gospel Choir. Without introduction, he began a gospel hymn.

“Were you there when they crucified my lord?”

People began to light their candles. From the edges of the audience, the flame was passed toward the center, everyone lighting the candle of the person next to them.

“Were you there when they crucified my lord?”

The sun had completely set. Slowly, a warm red light filled the amphitheater.

“Oh, sometimes it causes me to tremble.”

By the time the hymn was over, every candle had been lit.

“We weren’t there when they were shot,” Brown said. “But they faced similar persecution for what they believed.” Brown then asked everyone who belonged to a religion, and who had friends practicing a different religion, to hold hands in solidarity. He had scrapped his original speech, deciding that a message of faith and solidarity needed to be urged.

“We will not persecute. We will not alienate. We will not discriminate anyone for their religion,” he said.

Brown stepped back, as the rest of the UO Gospel Choir joined him. Together they sang a hymn, asking the community to “pray for the USA.”

When the hymn was finished, a pastor from Northwest Christian University stood at the podium to lead the amphitheater in a moment of silence. A few minutes in, Pascoe thanked everyone for coming and stepped from the stage.

No one moved for several minutes. Everyone stood silent and still, each holding a candle. Slowly, people began to leave the amphitheater, their candles still aflame. A stream of flames funneled out of the amphitheater onto the street.

Andrew Field contributed to this article.

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President Barack Obama will visit Roseburg on Friday

President Barack Obama will visit Roseburg on Friday, just over a week after the shooting at Umpqua Community College, the White House confirmed on Monday. Obama will travel to Roseburg, to meet individually with the families of victims.

The helicopter, Marine One, will take Obama to Roseburg from the Eugene Airport, the Register-Guard reported.

Immediately after the shooting happened, on Oct. 1, Obama addressed the nation. He urged citizens to deepen the conversation around gun control.

Obama was already scheduled to travel to the west coast for a four-day trip.

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Back to the Books: Free student resources

The average University of Oregon student graduates with almost $25,000 in debt, so it’s never too early to start saving (or, at the very least, avoiding overdraft fees on your bank statement).

We don’t have the secret to financial wellbeing, but you won’t have to venture far beyond 13th Avenue to snag free stuff. The surrounding Eugene community is well aware of the college student’s wallet woes, and the incidental fee you pay along with your tuition gets recycled into free resources by the ASUO. Here’s a sampling of places where you can get freebies with just a flash of your student ID card.

Food:

Student Food Pantry, 1329 E. 19th Ave.

Starting Oct. 1, the Student Food Pantry can help restock your fridge. Hosted by the Episcopal Campus Ministry, the pantry is located in the garage next to the ECM House on East 19th Avenue between Onyx and Emerald Streets. On Thursdays from 4-6 p.m., the pantry is open to university students. A volunteer will act as your “shopping assistant” through the pantry, which is organized according to the food pyramid. Options include a variety of canned goods, fresh vegetables, bread, rice, pasta and dairy products.

Rides: 

Safe Ride: 541-346-7433, ext. 2 

Put this into your phone favorites. Safe Ride, a student-operated shuttle service, can give you a free ride within a three-mile radius of campus. Call them anytime between 6 p.m. and 12 a.m. Sunday through Thursday and between 6 p.m. and 2 a.m. on the weekends. It’s only available to students, faculty and staff of the university. You must be in a group of three or fewer people. It’s a good idea to call and leave a voicemail before 6 p.m.; volunteers usually give around 60 rides per night. Make sure you don’t keep your ride waiting more than five minutes beyond your scheduled time, or you might lose it.

DDS: 541-346-7433, ext. 1 

If Safe Ride’s booked, or if you’re too broke to call a cab after a night of libations, the Designated Driver Shuttle —DDS for short — is your best bet. Though both are funded by the ASUO, DDS operates on a slightly shifted timetable compared to Safe Ride (10 p.m. to 2:30 a.m. every day of the week), and it’s first-come, first-serve. Once you call, you’ll be given a time range for a ride, usually about 20-40 minutes.

Entertainment:

Museum of Natural and Cultural History History, 1680 E. 15th Ave.
Jordan Schnitzer Museum of Art, 1430 Johnson Ln.

These museums are perfect for some rainy day entertainment or to fill time between classes. Visit the Museum of Natural and Cultural History behind the law school and see the hundreds of thousands of fossils, archaeological objects and biological specimens the museum has been collecting since the late 1800s. Or visit the Jordan Schnitzer Museum of Art in front of the Knight Library and view the massive collections, diverse exhibits and internationally recognized masterpieces temporarily displayed at the museum. The Schnitzer recently acquired a collection of post-war Japanese prints that will be on display during fall term.

Academics 

The Teaching and Learning Center, 68 PLC 

Need someone to proofread your paper before you turn it in? The Teaching and Learning Center offers several free tutoring programs to UO students. Drop-in workshops cover grammar basics and essay revisions. Struggling with a math or physics assignment? TLC also offers math workshops. Most of the programs are taught by students, so if you’re confident in any subject and interested in becoming a tutor, you can apply online.

**Editor’s note: This story first appeared in the Emerald’s “Back to the Books” edition, which is currently available in locations throughout Eugene.**

**A previous version of this article stated that some resources available to students are funded through tuition; they are actually funded through the incidental fee.**

Follow Noah McGraw on Twitter: @McNoahMcGraw

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Back to the Books: Guide to campus buildings and locations

Lokey Science Complex

Spread out over 10 buildings, The Lokey Science Complex is a major research hub at the university. Labs that use sensitive equipment, like nanotechnology and MRI machines, are located under a courtyard to minimize vibrations.

Miller Theater Complex

Home to the Robinson and Hope Theaters, the Miller Theater Complex shows most of the university’s drama productions. The complex will be hosting five productions this year.

Deady Hall

Opened in 1876, Deady was the entire university for almost ten years. In 1977 the building was designated a National Historic Landmark. The view from the top floor bathrooms is breathtaking.

Erb Memorial Union

The EMU is the center of campus, housing the Career Center, Counseling and Testing Center, the Mills International Center and much more. Currently under construction, the building is estimated to be finished in 2016.

Knight Library

The largest library in Oregon, Knight Library, has over three million books, collections of sound recordings, government documents and microfilm of every major newspaper published since the turn of the century. The library is open 24 hours, seven days a week during dead week.

Beall Concert Hall

Located in the music building, the Beall Concert Hall has regular musical performances. The University Orchestra, jazz classes, and senior recitals give plenty of opportunities to see live music.

Rec Center

The PE and Recreation Center is free for all UO students and provides virtually all types of workout facilities, including weights, racquetball courts, a rock wall and much more. A $50 million renovation last year added an aquatic center, a three court gym, and a vastly expanded fitness space.

Hayward Field

The center of “Tracktown USA,” historic Hayward Field hosts all of Oregon’s Track and Field events. The Olympic Track and Field Trials will be held at Hayward for the third consecutive time in 2016.

Matthew Knight Arena

The recently constructed Matthew Knight Arena hosts the Men’s and Women’s basketball teams, as well as women’s volleyball. The arena was built with a large donation from Nike founder Phil Knight, and is named after his late son.

Uly’s Taco Shack

Arguably some of the best late-night food in Eugene. Serving tacos from 10 p.m. until 3 a.m. Thursday through Saturday, Uly’s is great fuel for a long walk home. 

Museum of Natural and Cultural History

The museum houses hundreds of thousands of specimens, including the world’s oldest shoes. With a focus on the Pacific Northwest, the museum has any information you’d need about the history of Oregon.

Schnitzer Museum

The art museum on campus has a diverse collection of art from around the world. Exhibits cycle through regularly, with the work of major international artists appearing frequently.

Eugene Pioneer Cemetery

Established in 1872, the cemetery is even older than the university. Despite having around 5,000 graves, the cemetery is a surprisingly serene place to relax during the day. Just don’t go past sundown.

Lillis Business Complex

Business majors will spend a lot of time in Lillis. The building was designed to be environmentally sustainable. Solar panels, advanced ventilation systems and low-flow bathroom fixtures are some of the reasons the building exceeds state energy code requirements by more than 40 percent.

Oregon Hall

Oregon Hall is an important building for all your administrative needs. The Office of Admissions, Financial Aid and the Accessible Education Center are just some of the departments in the building. It’s also where student workers pick up their checks.

Health and Counseling Center

The health center offers drop in appointments for all your health needs. They have a pharmacy, dental clinic massage, acupuncture programs and even an X-ray facility.

**Editor’s note: This story first appeared in the Emerald’s “Back to the Books” edition, which is currently available in locations throughout Eugene.**

Follow Noah McGraw on Twitter: @McNoahMcGraw

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UO has slightly higher sexual assault rate than average

The University of Oregon has a slightly higher rate of sexual assault than average, according to a survey conducted by the Association of American Universities.

The survey, conducted in the spring of 2015 , found that 24.2 percent of undergraduate women at UO had experienced sexual assault since enrolling at the university. The average across the 27 universities surveyed was only slightly lower at 23 percent. The rate for undergraduate men was 6 percent.

“The fact that the incidence of sexual violence at the University of Oregon is for most groups roughly comparable to other AAU universities makes the news from this survey no more acceptable,” Robin Holmes, UO vice president for student life told Around the O. “The data we’ve collected in both of the campus climate surveys will continue to inform our prevention and response efforts. This national data is also especially helpful because it allows us to see how we compare to other universities.”

The survey was one of two sexual assault surveys the university participated in last year. The other was directed by UO Professor Jennifer Freyd. Freyd’s survey found almost identical results, with 24.2 percent of female undergraduate students had experienced unwanted sexual contact since enrolling at the university. Freyd also conducted a follow up survey later in the year.

 

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Board of Trustees Meeting Day Two: Top 3 Takeaways

The University of Oregon Board of Trustees reconvened today to finish their quarterly meeting. The meeting was much shorter than yesterday’s, but contained important decisions and a good look at some future plans for the university. Here are the top three things to take away from today’s meeting:

3) State Support: Governor Kate Brown addressed the board today, sharing her vision of higher education in Oregon. She showed a desire to help UO succeed in the future, and hoped the university could become a world class institution. Brown said she would work with the business and labor community to increase taxes, which would provide more state funding for its public universities.

2) Researching Research: President Michael Schill voiced his goals to turn UO into a premier research institution. Brad Shelton, Interim Vice President of Research and Innovation, spoke to the board about how this would be possible. He asked for more research faculty, something the board mentioned they were working on yesterday, more funding and bigger facilities.

1) Near-Unanimous Approval: There were several issues voted on today, with only three votes taken. The board decided that, since more than half of the resolutions being voted on were seconded motions that had already been approved by the Finance and Facilities Committee and the Academic and Student Affairs Committee the day before, they would just vote on all those motions as one. They passed unanimously. There were only two no votes all day. Helena Schlegel, the student board member, and Kurt Wilcox, the non-faculty staff member, both voted no on the Amendments to Trustee Responsibilities. The amendment asked that board members keep in mind their relationship to the board while speaking publicly. Wilcox voted no because he felt it was simply a redundant addition. Chuck Lillis mentioned that the amendment was written with the student, faculty and staff board members in mind.

The meeting ended with an executive only session, where the members discussed the recent SEIU contract agreement. That meeting was closed to the public and media.

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Live blog: day 2 of UO Board of Trustees meeting

Today the University of Oregon Board of Trustees continue to hold their quarterly meeting. The day will be considerably more active, as the trustees vote on several key decisions.

The trustees will be joined by Governor Kate Brown, who will start the meeting with her vision for higher education in Oregon. Yesterday many board members stressed the need for more state funding, so a meeting with the governor should be interesting.

From there the board will begin to vote on motions the Academic and Student Affairs Committee and the Finance and Facilities Committee approved yesterday. These include adjustments to board member conduct codes, approval of renovations on campus and of course projects like the Marcus Mariota Sports Performance Center.

To end the public section of the meeting, the Vice President for Research and Innovation Brad Shelton, AVP for Research and Innovation Cass Mosely and Professor Karen Guillemin will discuss sponsored research at the university.

The board will have a final executive section, closed to the public, to discuss updates on collective bargaining. These include recent contract agreements between the university and it’s staff and faculty.

Follow the live blog to get immediate updates. Watch it below or click here to open a new tab in your browser.

Live Blog 9/11/15 BOT meeting – day 2
 

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SEIU and Oregon’s Public Universities reach tentative contract agreement

The Service Workers International Union and Oregon’s Public Universities came to a contract agreement late Wednesday night. Classified workers and Oregon’s seven public universities have been in contract negotiations since January. Workers were ready to strike had they not come to a bargaining agreement.

According to SEIU, the agreement gives classified workers a four year contract, with a reopener on economics after the first two years. There will be a 2.25 percent cost-of-living-adjustment in December of 2015 and another 2.25 percent wage increase one year later.

There have also been adjustments to the health care policy. Service workers’ last contract required the university to pay 95 percent of health care premiums, with workers paying the remaining five percent. The universities had earlier proposed dropping their coverage to 90 percent. Workers refused to budge on that proposal. Wednesday night, the universities agreed to keep last year’s numbers. The universities will still cover 95 percent of health care premiums.

Health care will now be available to part time workers working .75 full-time equivalent, something the university did not previously provide.

Classified workers at the University of Oregon say they are happy with the agreement. The union had previously cited the 2.3 percent inflation increase in Portland as a justification for wage raises. The union was asking for 3 percent each year.

“It’s only because workers stood strong together throughout bargaining that we were bale to beat back this slate of attacks and move higher ed workers forward,” the SEIU bargaining team said in a statement. “We benefited from the activism on the near-strike of two years ago, from members’ work to help elect a pro-worker legislature and governor who then funded higher education with record-high budget increases, and from thousands of members who raised their voices to protest management’s attempts to pay as little as possible and take away hard-fought union rights.”

“The Universities and SEIU worked diligently for the past nine months to address each others’ interests, while keeping in mind the interest of the students that we all serve,” Oregon’s Public Universities’ Chief Spokesman Brian Caulfield said in a statement. “The process, at times, was challenging, but both sides kept focused and ultimately reached a fair and reasonable deal.”

While the contract has been agreed upon by the bargaining team, it still needs to be ratified by the workers.

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Top five takeaways from today’s BOT meeting

The first day of the Board of Trustees meeting has come to a close. Board members discussed topics ranging from expanding academic programs to massive restructuring of the tuition process. Here are the top five things to take away from the meeting:

5) A New President: This was University of Oregon’s President Michael Schill’s first meeting with the board. The meeting began with a round of applause for the new president.

4) ASUO Opposition: During the public comments section, ASUO members vehemently opposed a new tuition proposal that would guarantee a set level of tuition for four years of college. After a lot of discussion, the board emphasized that the plan is just a consideration.

3) Tentative Labor Agreement: The Service Employees International Union came to a tentative agreement with the university last night. Two SEIU members spoke about the disrespect they felt during negotiations.

2) Expanding Faculty: Schill and Senior Vice President and Provost Scott Coltrane outlined a plan to hire 80 to 100 new tenure track faculty members in the next four years. Coltrane said that a search for 40 new faculty members is already underway.

1) The President’s Vision: Schill outlined his three major goals for the university:

  • Increase tenure track faculty and enhance the university’s academic research profile.
  • Maintain and enhance affordability for current and potential students.
  • Create a great educational experience for students.

The board will reconvene tomorrow at 9 a.m. to vote on new buildings, discuss board member conduct and hear Governor Kate Brown’s vision for higher education in Oregon.

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