Correction
Freshman Lindsey Spencer joined Phi Mu Sorority on Monday.
Because of a reporting error, the story on sorority Bid Day in Tuesday’s
Daily Nebraskan misidentified the sorority.
Questions? Comments?
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UNL dismissed from, Hibler lawsuit
■ Judge says university
officials did not know of
past discrimination or
harassment.
By Kimberly Sweet
Senior staff writer
UNL won’t have to go to trial over
a lawsuit involving fired English
assistant-professor David Hibler, a
U.S. Senior District judge decided
Friday.
U.S. Senior Judge Warren Urbom
dismissed the University of Nebraska
Lincoln from a lawsuit brought forth
in February 1998 against Hibler and
the NU Board of Regents by Valerie
Giunca, a former student of Hibler.
In his decision, Urbom wrote that
UNL officials had no knowledge of
previous discrimination or harassment
of students by Hibler before Giunca
filed a complaint with the UNL’s
Affirmative Action Office in
November 1996.
In her lawsuit, Giunca alleged that
Hibler sexually harassed and assault
ed her while she was enrolled in an
independent study course and work
ing with the former professor on a
seminar in the fall of 1996.
Giunca also alleged that UNL
officials had knowledge of Hibler’s
behavior, mishandled harassment
charges and failed to provide a safe
environment for her when she filed a
complaint.
While she was a student in Hibler’s
class, Giunca said she felt uncomfort
able around the professor because of
his questions and conduct. While they
were working together on a seminar,
Giunca alleged that Hibler invited
himself over to her house, stayed for
several hours and sexually assaulted
and harassed her.
Giunca also alleged that it was
well-known by UNL officials that
Hibler’s behavior had the potential to
end in sexual harassment, and they
didn’t respond.
Urbom said in his decision that
prior to the two complaints filed by
Giunca and another female student in
December 1996, there were no com
plaints of sexual harassment or dis
crimination filed in the Affirmative
Action Office against Hibler.
The judge determined that once
the Affirmative Action Office
received a complaint of the alleged
harassment, UNL officials took the
appropriate steps to respond to
Guinea’s charges in a timely fashion.
Uibom wrote: “UNL did not turn a
blind eye and act with deliberate indif
ference once it became aware of alle
gations of sexual harassment against
Dr. Hibler.”
Lincoln Attorney David Buntain,
who represented the NU Board of
Regents, said he felt the judge made
the right decision.
“Obviously the university is
always concerned about allegations of
sexual harassment,” Buntain said.
“But the judge found that once the
university found out, it took action.”
Giunca’s lawyer, Carole
McMahon-Boies, was out of town and
could not be reached for comment
about the decision.
While dismissing the charges
against the university, Urbom said the
ruling did not exonerate or excuse
Hibler’s actions.
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Communication Social Group
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Nov. 4 & 18, Dec. 2 Call Luis at 472-7450
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beginning Sept. 7
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