Reply to Families of murdered students sue Washington State University over Brian Kohberger not being disciplined by WSU

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I completely understand why these families are going looking for answers and accountability here. I can't even imagine how they must feel. What an awful, senseless crime, to take away the lives of these young people who had only just begun. Just awful.

Sadly, though, I think this is unlikely to be successful unless WSU decides to settle for PR reasons, which I think is unlikely. There's just no duty of care by WSU towards students at another university. Additionally,[b] I think you would be hard pressed to argue that WSU's actions were negligent -- they *did* investigate Brian's behavior and took actions to protect their own staff and students. [/b]But they can't protect the entire world.

There is also a question about how far liability could reach if the plaintiffs were successful here. If WSU, which had no relationship with the murdered students, is liable for their deaths, then what about the Pennsylvania professor who wrote Brian a glowing recommendation to get him into the PhD program in the first place? What about the rehab facility that released him into the general population knowing his issues? What about other women who had encountered him and knew he was creepy and suspected he might be dangerous, but who did not report him to any authority or warn other women. I'm not suggesting any of these people should be liable for the students' deaths -- they shouldn't. Because there is only one person who should be held accountable for Brian Kohberger's heinous acts, and that's Brian himself.[/quote]

I think the premise of the lawsuit is [b]the university did NOT investigate his behavior [/b]or take any actions against him. Despite all the complaints they did not conduct a threat assessment. When you not only work at the university, but are a student AND live in student housing with free university provided internet you have less rights to privacy. In order to live in university housing with free university internet you sign away some rights to privacy since the internet is the WSU ResNet internet network. Students have to agree if it is used inappropriately the university can investigate. Due to the serious concerning nature of the complaints it is possible his internet history as well as his apartment could have been searched since it was managed by the university. Additionally, his behaviors should have triggered a Civil Rights/Title IX investigation due to his behavior around women.

Additionally, since he was studying criminology specifically serial killers the criminology department professors knew he was a danger yet didn't report him.
[b]They were afraid that he would sue the university.  This is what is concerning not just in this case but at other universities across the country. College students are being stalked, sexually harassed, etc.  and nothing is done because the university is afraid the perpetrator has or might have a disability that would then lead to a discrimination complaint. So instead they do nothing. [/b][/quote]

If he was committing crimes, stalking or harassing, that is a job for the POLICE.  People should have gone to the police.  The police can get warrants to search internet histories and things.  Would a university even have the legal right to do that?  There would have to be some type of procedure.

People treat universities like law enforcement agencies, but they aren't.[/quote]

They ARE! Washington State University (WSU) does have its own police department, called the WSU Police Department (WSUPD). It provides law enforcement services to the university community, including students, faculty, and staff, both on and off-campus within the university's jurisdiction including:

[i]Law Enforcement: WSUPD officers have full police authority, including the power to arrest and enforce laws on university property.
Public Safety: The department is responsible for general campus security, emergency response, parking enforcement, crime prevention, and educational programs on safety.

Community Policing: They work closely with students and staff to maintain a safe and welcoming campus environment.

Emergency Services: They provide 24/7 response to emergencies, crimes, and incidents on campus.Washington State University has their own police department. [/i]

And yes there are procedures that allow campus officials to conduct a threat assessment and search if you live in university housing and are using a university issued laptop and internet managed by the university.  [/quote]

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