More on Nero

In Nero v. Kansas State University, 253 Kan. 567, Syl. ¶ 1, 861 P.2d 768 (1993), we held:
"To recover for negligence, the plaintiff must prove the existence of a duty, breach of that duty, injury, and a causal connection between the duty breached and the injury suffered. Whether a duty exists is a question of law. Whether the duty has been breached is a question of fact."


Although we did not sue K-State, it is a fact that K-State breached its duty in protecting residence hall members from an intruder on the night of Feb. 18, 2006. It has never taken ownership of its responsibility, however.


From the office of Web site of Robert L. Pottroff Manhattan, Kansas, Managing Partner, who was involved in the Nero legal action.

Nero v. Kansas State University, 253 Kan. 567, 861 P.2d 768 (1993); established the duty of a university to exercise reasonable care to protect the safety of students it houses.

Guest blogger invite

I've asked Heather Reed of KSU to be a guest author on this blog. Heather has always been gracious in her communications to me, despite the fact the institution has been stubbornly silent about a few of my requests.

Going big time

For those who have an interest in big time intercollegiate athletics, see the IRS 990 form for 2006 for the Intercollegiate Athletic Council of Kansas State University.

For the tax year ending June 30, 2007, you can find the upper six figure salaries of Bob Huggins and Ron Prince, plus the low to mid-six figure salaries of Tim Weiser, Deb Patterson and James Franklin.

Huggins was "the man" in 2006-07. Perhaps the best thing he did for K-State was to bring Frank Martin and Dalonte Hill into the fold.

Does KSU care too much about big time college sports? Give the salaries compared with other faculty and staff, the case can be made that fawning over coaches and athletes goes beyond the pale of academic integrity. More likely, success in sports pays big dividends for the University's national image.

KSU must remember to be committed to "customer satisfaction" not in the sense that alumni are pleased that the Wildcats are once again in the NCAA tourney, but rather that we as students, parents and alums are satisfied with the accountability, honesty and trust provided from the institution we invest tens of thousands of dollars in.

For me, I'm most disappointed the University has never offered to personally meet with me in the last two plus years to discuss my concerns relating to campus security. That is one big, purple, cold shoulder.

On campus security

From the kstatefans.com site under Aggieville and "Campus Security"

Campus security
catfeet
Member
Rating: 2.9/5 this site
182 posts this site
Nominate ReportPosted: 3/28/2008 12:30 PM

Campus security

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I started a blog about campus security, spurred on by an incident that happened to a member of my family. I update the mostly sleepy KSU police logs everyday, plus have other links to stories about campus security.

http://ksusecurity.blogspot.com


BleedingPurple7
Rating: 2.9/5 this site
1914 posts this site

RE: Campus security

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My friend tried to go into Moore the other day to give a phone back to his buddy, and they were pretty strict about it. They wouldn't let him go past the lobby. I know at night you have to have your ID to get into the dorms now, and if you don't have it you're sleeping on the streets. Those people have no mercy and will watch you knock on the door. Just a couple years ago when I was in security was lax as hell.

KSUCat
Rating: 3.2/5 this site
748 posts this site
RE: Campus security

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I worked at the front desk in Goodnow Hall a few years back... we'd let people in if we knew them, but there was a phone outside the door for guests to call the front desk and get forwarded to their friends room to come and let them in...

that was a horrible run on sentence....




YetAnotherCat
Rating: 2.8/5 this site
3592 posts this site
RE: Campus security

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When I lived in Marlatt for a year, it all depended on who was working the front desk, iirc... you could get into the lobby just by opening the door and walking in, but past that, you had to go past the front desk... (this was 92)
"Once the game is over, the King and the Pawn go back into the same box." - Italian Proverb

catfeet
Rating: 2.9/5 this site
182 posts this site

Re: Campus security

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Sounds like they are more careful now, which is good. Apparently this guy was banging on the doors and the desk attendant directed a couple of guys to let him in at 2:30 at night.

Give me the best of KSU

They say most blogs have an average readership of about one, and I must say this blog has only a handful of readers, primarily myself. But those readers who have stopped by - recently from Manhattan, Woodland Park, Colo, Omaha, Wamego, Mobile, Ala., Lenexa, KS., Bowie, Md, Denver, Colo., Wichita, Kansas City, Mo. - are welcome always. I expect I will continue this blog for quite a while.

If any of the readers has a story that illustrates the best of KSU, please share it here. While I have tended to dwell on one (continuing) negative experience with KSU and their accountability about a residence hall assault, I know that many others have had different experiences. Tell me the best of KSU - what examples of customer service or excellence can you tell?

Kansas Opens Records Act Request and Response

March 25, 2008


Bruce Shubert
Associate Vice President for Administration and Finance
105 Anderson Hall
Kansas State University
Manhattan, Kansas, 66506

Re: Kansas Open Records Act request

Dear Mr. Shubert

I have previously asked Heather Reed for access to the incident report relating to the attack on (A MEMBER OF MY FAMILY: EDITED)in Goodnow Hall on Feb. 18, 2006. More than two years have passed and the university can no longer be sued for negligence/liability in the matter. Even so, Ms. Reed had communicated that the university lawyer was reviewing that report before deciding to pass it on to me. After a reasonable time waiting for a response, I am formally asking access to the incident report through an Open Records request.

( EDITED)

I also would like to request either paper or electronic versions all KSU daily police logs from Feb. 15 to March 1 of 2006.

I also would like the first periodic performance evaluation of the staff director of Goodnow Hall following Feb. 18, 2006.

I also like to request copies of the notes and reports prepared and by and for the Residence Hall Security Review Committee, which met in the summer of 2006 and was chaired by Heather Reed.

Thanks for your assistance and I understand you will let me know within a few days about my request.

Sincerely,

Tom K

-----------------------------------------------------------------------------

Response from Bruce Shubert:


This is in response to your March 25, 2008 letter received via facsimile, requesting certain information pursuant to the Kansas Opens Records Act, K.S.A. 34-235, et seq.

K-State has previously provided the final report of the Residence Hall Security Committee.

TK COMMENT: NOT WHAT I ASKED FOR, AND EVEN IF I HAD REQUESTED IT PREVIOUSLY, THEY SHOULD HAVE PROVIDED THE WOEFULLY INADEQUATE ONE PAGE REPORT PREVIOUSLY PROVIDED. IN WHAT RESPECT IS THE WORK OF THIS COMMITTEE, WHICH A MEMBER OF MY FAMILY (WHO WAS ASSAULTED IN GOODNOW) WAS ASKED TO SERVE ON BUT DECLINED, EXCLUDED FROM PUBLIC SCRUTINY?

Available KSU daily police logs from Feb. 15, 2006 to March 1, 2006 are attached.

TK COMMENT: INEXPLICABLY, THE POLICE LOGS ARE HEAVILY REDACTED. IF KSU HAS AN ISSUE WITH RELEASING THE FULL POLICE LOGS, THEY SHOULD LET ME KNOW. THEY KNOW FULL WELL THAT I PUBLISH THE COMPLETE VERSION OF THE KSU POLICE LOG EVERY DAY ON MY BLOG; KSU HAS INDICATED NO OBJECTION BEFORE.

Other requested information cannot be provided because 1) Kansas State University is prohibited generally by the Family Educational Rights and Privacy Act from disclosing to any third party any information from a student's education record (see KSA 45-221 (a) (1)), with limited exceptions not applicable to your request (see K.S.A. 45-221 (a) (1) ); 2) K.S.A. 45-221 (a) (4) does not require us to disclose personnel records; 3) K.S.A. 45-221 (a) (20) and K.S.A. 34-221 9a) (14) do no require us to disclose the requested e-mails and other communications.


TK COMMENT: I AM NOT ASKING FOR ANY STUDENT'S INFORMATION OR EDUCATIONAL RECORDS, MERELY THE OFFICIAL REPORT OF WHAT HAPPENED AT GOODNOW HALL THE NIGHT OF FEB. 18. IT APPEARS KSU IS RELUCTANT TO REVEAL WHAT IS IN THE REPORT. FIND THE FULL VERSION OF THE KANSAS OPEN RECORDS ACT HERE.

Regards,

Bruce Shubert
Associate Vice President for Administration and Finance

Request denied

I asked for access to a residence hall "incident report" regarding an attack on a member of my family that occurred in Goodnow Hall in 2006. Despite the fact that the two year window on bringing legal action against KSU is passed, the University refuses to provide access to the report or characterize the actions of their staff which reportedly allowed the entrance of a non-resident into the dorm in the middle of the night. That individual assaulted a member of my family, resulting in thousands of dollars in medical expenses. KSU on several times rejected my requests to help cover medical expenses not covered by insurance related to the attack, and - most painfully for me - has refused to at least be accountable for the truth in the matter.


Dear Tom,

Kansas State University is prohibited generally by the Family Educational Rights and Privacy Act from disclosing to any third party any information from a student's education record, with limited exceptions not applicable to your request.

"Education records" are defined as "those records, files, documents, and other materials which" -
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.

I trust you will appreciate the University's obligation and desire to comply with federal privacy laws and regulations protecting our students and former students.

Warm regards,
Heather

************************************
Heather M. Reed
Assistant Dean of Student Life
Kansas State University
102 Holton Hall
Manhattan, KS 66506
Ph:(785)532-6432; Fax:(785)532-5307
hreed@ksu.edu
************************************

Why not cameras?

I'm wondering why KSU did not install cameras at the entrances and exits of their residence halls when they recently revised security measures. Here is a report from MU about their plan to install cameras at all residence halls.

Students living in North, Center and South residence halls can expect security cameras to be installed in common areas and exterior entrances as early as next semester. Residential Life Director Frankie Minor said security cameras could be installed in every residence hall by Fall 2018.

Minor said at a community government meeting on Sunday that security cameras might be installed in those three residence halls by early next semester, but that no timeline has been put into place.

"When we built these facilities we thought we might want to do this," Minor said.

He said the infrastructure for installing cameras had been included during the residence halls' construction. Minor said the conduit pipeline for the wiring involved with the cameras was put into place on the main floor and along the perimeter of the buildings, including the entryways.

Some students at the meeting offered suggestions of where cameras could be placed.

Sophomore Center residence hall resident Ryan Corey said he would want the cameras to cover the bike racks because a friend of his in Respect residence hall had his bike stolen, even though the bike was locked up with a steel U-lock.

Although Corey said he likes the idea of installing security cameras, he said he doesn't think cameras should be installed on floors where residents' rooms are.

The cameras would be motion sensitive and able to store up to about two weeks of images. Minor said the video would be stored on a type of digital video recorder that would be placed in the residence hall. Minor said each recorder could have between 16 and 20 cameras connected to it.

He said when the cameras would record at a lower frame rate when they did not sense any motion.

"The cameras are always recording," Minor said.

Some residents asked if the cameras would be effective at night. Minor said that would depend on the amount of outside light in the coverage area. He also said this issue would be examined when the cameras are installed.

Even though the cameras are continuously storing images, Minor told students that the video will only be looked at when necessary, such as in cases of vandalism and theft.

Residential Life began putting security cameras into residence halls earlier this spring, when cameras were installed in College Avenue residence hall.

"Things are going pretty smoothly," Minor said. "Students were very supportive. We haven't heard any objections to this point."

Minor also said most students are not bothered by the presence of the cameras.

"They don't even notice that they're there," Minor said.

The cameras in College Avenue residence hall have been useful in situations such as vandalism, Minor said. He also said the cameras were used to determine when a student passed out by College Avenue residence hall and how long the student was there.

"These things have a lot of different uses for them," Minor said.

Minor said the installation of the cameras would cost about $40,000, but he said money for the project would come from the funds used to build North, Center and South residence halls.

"What were actually going to be using is the money that was set aside in the construction budget," Minor said. "We have to spend it before February or it goes back into our big savings account. We thought this was an appropriate use of that."

In a later telephone interview, Minor said Residential Life has seen "overwhelming support" for the plan to install cameras in all the residence halls.

He said if students' attitudes don't change, cameras would be placed in every residence hall by 2018, at the end of the Residential Life Master Plan

Still waiting

From Heather Reed on March 10:

Hi Tom,
I wanted to confirm our telephone conversation. I will talk with Derek Jackson when he returns to the office tomorrow and ask him to see if there was an incident report. I will plan to respond with the information by Wednesday at the latest.

Thanks,
Heather

A new inquiry

I just talked to Heather Reed this morning about follow up to my earlier request that the University release its report about the attack on Feb. 18 of 2006 at Goodnow Hall. There was no lawsuit filed, so there should be no reason for KSU to withhold information about the incident (two year limit on liability to the University), where a non-KSU student, pounding on the locked doors, was apparently let in to Goodnow after hours at the instruction of the the desk attendant, and afterwards attacked one of the residents - a member of my family - at 2:30 in the morning. This attack - which resulted in an emergency room visit and loss of hearing plus other complications - was the genesis of my insistence that KSU conduct a review of campus security, which they did, instituting changes in the residence hall security procedures during this school year. I also wanted KSU to step up and accept some accountability in the matter (paying for medical bills not covered by insurance, counseling, etc) which they have declined to do. Heather said she will consult with another KSU Administrator about what they can release about the incident.

I also asked about my request that KSU have past KSU police crime logs available in archive format, and she said she passed that info on to the KSU police.

UNC student body president is killed

This tragic story is attracting nationwide interest. From the AP:

The University of North Carolina student body president was found shot to death on a city street in what police said Thursday appeared to be a random crime, stunned the campus community who knew her well.
Thousands of students gathered silently on campus to mourn Eve Marie Carson, whose body was discovered about a mile away early Wednesday. The 22-year-old senior from Athens, Ga., had been shot several times, including at least once in the head, police said. Officials said there are no suspects and no arrests have been made. "We have lost someone whom we cherish and love," university Chancellor James Moeser told a massive crowd on the school's Polk Place quad. "We're all in a state of shock." Police found Carson's vehicle, a blue 2005 Toyota Highlander with Georgia plates, about a mile from where her body was found after receiving a tip Thursday afternoon from a witness who spotted it near the main drag through the popular college town about 45 minutes west of Raleigh.Toby Rice, of Chapel Hill, told The Associated Press his wife discovered the car and called 911. "We saw it on the news and we heard the woman is the president of the student body, and she goes, 'Oh my God, I just found the car,'" Rice said. Carson's body was found on the street at an intersection after neighbors reported hearing shots about 5 a.m. Wednesday in an upscale residential area. It was not clear why she was in the area, which does not have student housing.Police publicly identified the shooting victim as Carson on Thursday, and police Chief Brian Curran said her death appeared to be a random act. Police had no evidence other than her car, and the medical examiner said they was no indication that Carson had been sexually assaulted. Curran said police had been in contact with authorities in Alabama investigating the killing of a female student at Auburn University, but added that the cases do not appear to be connected. Moeser said there was nothing to link Carson's slaying to anyone on North Carolina's campus.
"My information is she was an extraordinarily busy woman and it wasn't unusual for her to go to the office in the middle of the night," Curran said. "But we don't know that's what she was doing." Carson was last seen alive 1:30 a.m. Wednesday, when she stayed behind at home to do schoolwork while her roommates went out. Moeser said he got a call early Thursday informing him that Carson was the victim."It was shocking," he said. "I sat down and said `Oh my God.' I couldn't believe this." On campus, students passed out daisies and carnations, and large boards were erected for students to leave written memories. A candlelight vigil was held at The Pit, a popular campus gathering spot. Dozens of counselors from both North Carolina and nearby Duke University were available to talk to students. "The strange thing, how the last time I saw her we made the types of plans where you know you're going to run into someone," said Keegan DeLancie, a senior from Los Angeles and fellow Morehead scholar "I'd like to think somehow we will again." Carson was a prestigious Morehead-Cain scholar and a North Carolina Fellow, taking part in a four-year leadership development program for undergraduates. A premed student, she majored in political science and biology, taught science at a Chapel Hill elementary school, studied abroad in Cuba, and spent summers volunteering in Ecuador, Egypt and Ghana as part of a school program. "I credit my prior experiences, especially my past two Morehead summers, for preparing me to get along with pretty much whatever comes my way," she wrote in an e-mail posted on the Morehead Web site. In her position as student body president, she was a member of the university's Board of Trustees. At inauguration, she said, "This year will be a year of growth and inclusion. ... What an amazing year this is going to be." Moeser said he last saw Carson on Tuesday, at the Tar Heels men's basketball game against Florida State. "This is a tragedy magnified and multiplied by the number and depth of relationships, many relationships that Eve Carson had on this campus," Moeser told the students. "This enormous throng is a testament to the many and deep relationships. "Eve Carson personified the Carolina spirit." A man answering the phone at her father Bob Carson's business, Carson Advisory Inc. in Athens, said the family had no comment. Maxine Easom, the principal of Clarke Central High School in Athens, where Carson graduated as valedictorian in 2004 and was also elected student body president, said she and staff members were devastated. "Eve was just the most wonderful young woman you would ever want to know," Easom said. "She was brilliant. She was absolutely beautiful. Everything she did was aimed at helping other people. It's one of the greatest tragedies I've ever known. Eve was one of the young women who could change the world

Posting for a while

I don't spend a lot of time on the blog, but I do put up the Daily Log from the KSU Police Department every day, plus the irregular feature of the blotter in the Collegian and the occasional article about campus security. For my part, I will continue to post until KSU begins to make available the police logs in archive form, as WSU and KU currently offer.

Police log archives would be useful

Sent to Heather Reed today:

I appreciate your recent reply about Web site improvements. I called the KSU police department and discovered the police logs are not available in an archive format. I think that would be helpful to parents and prospective students. As I assume you know, I have been posting KSU police reports on my blog and I assume you have no opinion about that one way or another, though some schools such as Emporia do not have police logs available to the public except for personal review for reasons of privacy. In any case, let me know, as I may want to make people aware of the blog in a broader way.

Best regards,

Tom Karst