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Judge dismisses Title IX claims against Nebraska

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Judge dismisses Title IX claims against Nebraska


A federal decide in Nebraska dismissed the claims of 4 feminine college students who had sued the College of Nebraska alleging that the college did not adequately reply to their stories of being sexually assaulted and harassed by male athletes.

In his ruling issued Wednesday, Chief U.S. District Decide Robert F. Rossiter, Jr., wrote that the college’s actions, even with reported delays and missteps, didn’t attain the brink of being “intentionally detached,” and didn’t put the scholars in danger for additional hurt or violate their civil rights.

The dismissal got here virtually a 12 months after the U.S. Division of Justice, in a uncommon transfer, filed a press release of curiosity within the lawsuit. The DOJ accused the college of “erroneously” misapplying, conflating and misreading Title IX intercourse discrimination legal guidelines within the college’s response to the ladies’s lawsuit. The DOJ’s assertion, filed in June 2021, stated that the college adopted an unnecessarily restrictive definition of what it means to endure harassment and discrimination underneath Title IX.

A DOJ spokesperson didn’t instantly reply to a request Thursday for remark.

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The decide additionally dismissed the claims of three different feminine college students with related allegations in opposition to the college. He dominated in favor of two of the plaintiffs — whose stories didn’t contain athletes — and allowed their portion of the lawsuit to proceed.

Elizabeth Abdnour, an legal professional for the plaintiffs, stated Thursday that she was “excited to see that the courtroom acknowledges the extreme hurt” that the 2 girls skilled, and is “presently reviewing choices concerning the opposite plaintiffs.”

A college spokesperson issued a press release saying that the college “is happy with the Courtroom’s resolution to dismiss seven of the 9 plaintiffs and all however two of the claims on this case. The opinion offers substantial affirmation for the college’s confidence in its general Title IX course of. Whereas we can’t touch upon the specifics of any Title IX case, each case is tough and investigated on the data made accessible. The College disagrees with the factual assertions within the remaining claims and can proceed to actively defend the litigation.”

The Title IX lawsuit, filed in July 2020, represented claims by 9 former feminine college students, 4 of whom made stories involving athletes. Two of the soccer gamers referenced within the lawsuit are Katerian LeGrone and Andre Hunt, who had been expelled from Nebraska in April 2020 after Title IX investigators discovered them answerable for having sexually assaulted a feminine pupil, who shouldn’t be a celebration to the lawsuit. They had been additionally criminally charged, and in April 2021, a jury discovered LeGrone not responsible. Hunt pleaded responsible to a decreased misdemeanor cost of offering false data to regulation enforcement.

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Hunt and LeGrone had been the topic of a number of different stories of alleged intercourse offenses, though none of these resulted in felony prices. One of many plaintiffs within the Title IX lawsuit, former Nebraska volleyball participant Capri Davis, alleged that the 2 males had groped her at a celebration and later retaliated in opposition to her for having reported them to Title IX investigators.

Based on the lawsuit, the college didn’t promptly or correctly examine the groping allegation or reported retaliation and didn’t discover Hunt or LeGrone answerable for both. Davis performed for Nebraska’s top-10-ranked volleyball workforce till fall 2019, when she transferred to Texas.

Davis stated she transferred due to the college’s dealing with of the groping report, in addition to an incident wherein she stated college communications workers suggested her to publicly deal with a false rumor that she was pregnant with the kid of a special soccer participant, the lawsuit states. She stated she did not obtain help from the college in coping with the harassment that got here from that incident.

Rossiter wrote that the sexual harassment Davis alleges, “the groping of her buttocks — is totally inappropriate and indecent nevertheless it doubtless doesn’t meet the authorized normal for what is taken into account ‘extreme, pervasive, and objectively offensive’ such that she was disadvantaged of any academic alternatives.”

Rossiter additionally addressed claims by Davis and different feminine college students that that they had been retaliated in opposition to, stating that as a result of the “alleged retaliatory acts had been perpetrated by different college students” and never the college, that they had no declare.

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His resolution contradicted what DOJ attorneys wrote of their June 2021 assertion, arguing that, “retaliation by a pupil’s friends, and never simply retaliation by the college itself, can help a declare for damages underneath Title IX” the place a college is aware of in regards to the retaliation “and responds with deliberate indifference.”



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Detective speaks out about Nebraska teen’s 1969 murder case

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Detective speaks out about Nebraska teen’s 1969 murder case


(WOWT) – Stabbed at least a dozen times, the body of 17-year-old Mary Kay Heese was discovered along a country road in 1969.

In an update to an exclusive First Alert 6 investigation, the detective who helped solve the decades-long cold case is speaking out.

“It’s been a dark cloud over Wahoo for a long time. There’s a lot of people who remember that,” Saunders County Attorney Investigator Ted Green said.

For nine years, Detective Green has learned much about the victim’s life and how it came to an end.

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“She fought some, there was a struggle,” Green said.

The suspect, Joseph Ambroz, was 22 years old in 1969 and paroled from prison for about six months when he came to live with his mom in Wahoo.

Joseph Ambroz(Kay County Sheriff’s Office)

“I still don’t understand how she got in the car because that wasn’t Mary Kay’s personality,” Kathy Tull, the victim’s cousin, said in an interview.

Detective Green believes a party grove was the destination.

“And she’s just thinking its ok a couple of guys I know from the restaurant and we’re going out for a ride,” Green said.

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Green reveals that Mary Kay likely got in the car with the suspect and another young man who was with them.

“He committed suicide in 77 so if he wasn’t an active participant or just didn’t realize what was going to happened all of a sudden it just happened,” Green said.

A tip line set up by the victim’s cousin led to a lake west of Wahoo where the suspect’s car may have been dumped in 1969 where dive teams found a large metal object.

“It’s everybody’s hope the golden nugget you hope had been there. But there’s evidence I can’t discuss that there’s something there,” Green said.

Evidence that remains in the lake because Green got estimates of up to $400 to pull it from the muddy, murky water.

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But Green said he has plenty more evidence, including an autopsy after exhuming the body of the victim with a forensic pathologist from the Offutt Military Identification Lab adding expertise.

“There’s DNA available, its just I’ve got to go off of we have available to us,” Green said.

Though forensics will play a part in this case, it appears solved the old-fashioned way.

“This is a case that didn’t have anything glaring but had small pieces along the way. This is all gum shoe, all gum shoe work,” Green said.

Green would not respond when asked if he has found a murder weapon.

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The 1969 murder of a small town high school Junior led to hundreds of interviews and tips over 55 years, and the investigation narrowed from ten suspects to one.

“Well been able to exclude everybody mentioned as a suspect way back when except for this guy,” Green said.

Even though the suspect is in custody, the case is not closed.

If you have information on the murder of Mary Kay Hesse, call the Saunders County Attorney’s Office at 402-443-5613.

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Seven behavioral health care providers tapped for new program that helps Nebraskans in crisis • Nebraska Examiner

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Seven behavioral health care providers tapped for new program that helps Nebraskans in crisis • Nebraska Examiner


LINCOLN — Seven behavioral health care providers have been selected to launch a new certification program designed to improve mental health and substance use care across the state — and provide around-the-clock crisis help for Nebraskans.

Called the Certified Community Behavioral Health Clinics initiative, the effort has been described as “transformational.” To start, it will involve: CenterPointe, Community Alliance, Heartland Counseling Services, Heartland Family Services, Lutheran Family Services, South Central Behavioral Health Services and The Well.

The CenterPointe Campus for Health and Well Being, recently completed in Lincoln. (Courtesy of Clark & Enersen)

“This is a significant step for Nebraska,” said Matt Ahern, interim director of the Department of Health and Human Services’ Medicaid and Long-Term Care division. “We’re really excited about this model because it incentivizes a more integrated care — a whole person approach rather than segmenting behavioral health from physical health and everything else happening in a person’s life.”

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Serves all

Selection of providers, announced Wednesday, follows passage last year of Legislative Bill 276, the Certified Community Behavioral Health Clinic Act, sponsored by State Sen. Anna Wishart of Lincoln and signed into law by Gov. Jim Pillen. 

This is a monumental step toward building healthier and stronger communities.

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– State Sen. Anna Wishart of Lincoln

CCBHCs emerged from the Excellence in Mental Health Act, a federal law signed in 2014 to improve the nation’s mental health system. The model ensures that clinics provide a wide array of services, such as crisis response, medication management, psychotherapy and community and peer support.

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In return, providers are allowed to participate in a restructured payment model that better accounts for costs associated with services, according to a DHHS news release. Certified clinics are required to serve anyone who requests care for mental health or substance use, regardless of their ability to pay, place of residence or age. 

Over the next year, the Nebraska DHHS divisions of Behavioral Health and Medicaid and Long-Term Care will work with the seven provider organizations to develop services needed to meet the state requirements and federal criteria determined by the Substance Abuse and Mental Health Services Administration. 

Programs are to be up and running by January 2026.

“The CCBHC model allows a clinic to truly focus on delivering the quality of care and breadth of services a person needs,” said Thomas Janousek, director of DHHS Behavioral Health. “It focuses on reducing administrative barriers for providers which ultimately results in better care for the individuals it serves.”

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‘No-brainer’

By launching the initiative, Wishart said, the state is “transforming” the way Nebraskans access mental health and substance abuse care, in a coordinated and comprehensive way that fills service gaps.

“This is a monumental step toward building healthier and stronger communities,” she said Wednesday.

Wishart has said she expects the CCBHCs to reduce emergency room visits and incarcerations. Data from other states that have implemented such clinics have shown reductions in law enforcement involvement and hospital usage, state officials have said.

Pillen has called the legislation a “no-brainer” for Nebraska. His testimony at a legislative hearing in early 2023 surprised some, as the Republican governor stepped across the political aisle to speak on behalf of a bill introduced by a Democrat, Wishart. 

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At the time, Pillen said that Nebraskans “must come together to solve tough problems.”

After completing the certification program, a provider is to be recognized as a CCBHC, offering integrated physical and behavioral health services to Nebraska families. Services are to include: around-the-clock crisis support; easy access to mental health and substance use care; tailored treatment plans; specialized care for veterans and military personnel; peer support; comprehensive psychiatric rehabilitation.

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Nebraska votes against second ballot measure that would have introduced new abortion protections

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Nebraska votes against second ballot measure that would have introduced new abortion protections


Scripps News and Decision Desk HQ project voters in Nebraska will not pass a measure that would have enshrined stronger abortion protections in the state constitution.

Nebraska’s Initiative 439 would have amended the state’s constitution to provide access to abortion until fetal viability, which is at the end of the second trimester around 24 weeks. It would have also included life of the mother exceptions and very clearly stated that it’s up to the practitioner to determine viability.

The measure narrowly failed. Counting of ballots continued for weeks after election night.

The measure, along with Nebraska Initiative 434, were both on Nebraska’s ballot in the November election.

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RELATED STORY | Nebraska votes to ban abortion after first trimester

Voters passed Initiative 434, which bans abortion after the first trimester. It includes exceptions for medical emergencies, rape and incest.

Nebraska law will continue to ban abortions after 12 weeks of pregnancy. That law went into effect in June of 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.





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