11/13/2009

11/13 Duke stops paying cop charged with rape

Fact Checker here.

Duke may not want to comment on Officer Simmons, which is a fair personnel practice.

But Chief Dailey should explain without hesitation the standards Duke uses to determine if an employee is suspended with pay or without it. We are all entitled to know university policy.

I hope the Chronicle uses its whip and flog to obtain details about this cop and Duke Police (sorry, couldn't resist) because several of my sources expect this case to explode.

And now I address Chief Dailey: Sir, you have repeatedly refused to answer substantive questions by saying the investigation is underway.

What happens when it is over? Will you commit to submitting the entire report to experts in our Law School -- the great Professor Coleman comes to mind -- who could strike out matters that might influence a fair trial for Simmons but make everything else public?

Be assured, chief, that Fact Finder will not tolerate in any way Duke's hiding its own actions -- its employment decision, its policies -- behind due process for Simmons. That is the great danger in this investigation.

Meantime, Chief, there are plenty of details that you could make immediately available.

-- What was Simmons salary as a Master Officer (I love that title, he apparently took it literally) in Raleigh. Did his leaving affect his pension rights? These numbers are a matter of public record.

-- What was his salary when he came to Duke? Even if Duke will not say, protecting its personnel records, tell us about the original job posting and the pay scale for similar positions. Nothing related to Simmons.

-- Where did this guy patrol? This should not be a big secret because it does not impact in any way upon Simmons' guilt or innocence. Was he in the Nasher all alone at night, or was he in the emergency room with rape victims?

-- What interaction did he have with students? Did his assignments give him access to any sensitive records, perhaps medical records of sex crime victims? Did he patrol alone or with a partner?

Not one of those questions bears upon his guilt or innocence in Alabama.

-- Explain, please, the hiring procedures. Is there a psychological test? Did Simmons get it?

-- Duke gave him a gun. He had it in his car in Alabama. Who does it give guns to and who doesn't get them? What instructions on its use? What practice in its use? These are Duke Police policies, nothing that bears upon the guilt or innocence of Simmons.

Last note: the Chronicle should interview Tallman Trask, for Duke Police is in his portfolio as Executive Vice President.

I repeat: Fact Checker expects this to explode. And Fact Finder indeed wants Duke to protect the rights of Simmons prior to trial, but √ will not allow administrators to hide their own failures behind the concept of due process.

Let's get Georgia Tech. GO DUKE!

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