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Posted: 6:56 p.m. Wednesday, Nov. 7, 2012
By Denise G. Callahan
The former Miami University student who authored and disseminated a “rape flier” has pleaded guilty to disorderly conduct in Butler County.
Prosecutor Mike Gmoser said the record has been sealed, prohibiting from revealing the identity of the student, but said the student pleaded guilty Wednesday.
After the incident, when talk of possible charges arose, some suggested the flier was protected free speech. Gmoser said the fliers were not protected.
“There should be no debate that cases involving freedom of expression are determined by facts and circumstances of each individual case. Authorship of outrageous words alone is usually not enough to remove constitutional protections,” he said. “The actual intent and context are all important as they were in the consideration of this case.”
University spokeswoman Claire Wagner could not say whether the student was expelled, but she said he is no longer a student at the university.
“I can confirm — as the prosecutor alludes to — that the university also followed its judicial process, as it does with students or student organizations who may have violated our code of conduct,” she said. “Which includes violating laws or potentially violating laws.”
Original reports indicated two students were involved, but this case was the only one reported.
Gmoser said he is satisfied with the outcome of the case. He said the student paid a fine for the misdemeanor crime.
“The now former student took responsibility for being book smart and socially stupid,” Gmoser said. “I expect the latter will change, as he has shown through his acceptance of responsibility for his words, that he can change for the better.”
A “Top Ten Ways to Prevent Rape” flier was removed Oct. 8 from McBride Hall, according to Matthew Dwyer, a resident adviser. Later that evening, Dwyer found a new sheet called “Top Ten Ways to Get Away with Rape” placed in the men’s restroom.
The flier “gave detailed steps on how to successfully rape a female,” police said.
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