He also requests expedited discovery and for Northwestern to be prohibited from using certain evidence at his expulsion proceedings. "A `strong' showing thus does not mean proof by a preponderance [b]ut it normally includes a demonstration of how the applicant proposes to prove the key elements of its case." There was a problem saving your notification. "), his proposed Reply (Dkt. Syed states that the student recorded him on the phone call without his permission and then shared the recording with Northwestern officials. Northwestern's citation to Ludlow here is inapposite. F/V Northwestern is an Alaskan crab, Pacific cod, and salmon tendering commercial fishing vessel featured in the Discovery Channel series Deadliest Catch. To date the Northwestern is the only vessel to have featured on all 18 seasons of Deadliest Catch as well as the pilot series America's Deadliest Season. He was then detained by Northwestern police and involuntarily admitted to Northwestern Memorial Hospital. Northwestern Memorial HealthCare has notified about 56,000 patients and donors that their personal records were accessed earlier this year in a data breach, though medical records were not involved. Scott Christensen, managing partner of Northwestern Mutual's operations in Northern New England, is being investigated by the New Hampshire Bureau of Securities Regulation "for failure to supervise" others "under his supervision and who sent marketing emails to prospects that the bureau believes contained misleading statements regarding their experience and client base," according to an industry database. Ford's Kentucky Truck Plant road-tests a new quality strategy, JP Morgan acquires substantial majority of First Republic Bank's assets, Man on the Move: The dangerous distraction in your pocket, New Business: 815 a speakeasy no more; other changes to Elm Street eateries, Hybrid work is getting a little better for women, Prosecutors want 3 years for Keene anarchist Aria DiMezzo, New Business: MT's Local in Nashua to become Italian eatery; Cafe Noche in Conway to close, NH Business: West High teacher finds second career in the classroom, New chapter: Barnes & Noble opening in West Lebanon, Want to work outside this summer? 0:27. Mot. (Charles Rex Arbogast/ASSOCIATED PRESS). In the following months, Northwestern states that Syed sent hundreds of harassing and threatening messages to several University employees. Your account has been registered, and you are now logged in. The Clerk of the Court shall mail a copy of this opinion to the plaintiff. 34. Id. As a result, he was suspended for a semester, placed on disciplinary probation for a year following his return to school, and required to complete several programs and tasks. His father was not deterred by the loss, so he put money down on a new boat, and the Northwestern was born.#DeadliestCatchNew episodes Tuesdays 9/8c on Discoveryhttp://www.discovery.com/tv-shows/deadliest-catch/Subscribe to Discovery:http://bit.ly/SubscribeDiscoveryStep aboard the fishing vessels of DEADLIEST CATCH for an immersive 360 panoramic experience!http://www.deadliestcatch360.com/Join us on Facebook:https://www.facebook.com/DeadliestCatchhttps://www.facebook.com/DiscoveryFollow on Twitter:https://twitter.com/DeadliestCatchhttps://twitter.com/Discovery at 9. Finally, Syed claims that Northwestern, through its disciplinary process, discriminated against him based on his disability and gender in violation of the ADA, Section 504, and Title IX.4 In order for a claim of disability or gender discrimination to succeed, the plaintiff must establish that they belong to the protected category and that they were discriminated against because of their gender or disability. Id. All structured data Northwestern University film professor Laura Kipnis was cleared in a Title IX investigation by the university on Friday, following graduate student complaints over an essay she published in February in the Chronicle of Higher Education. Four current Northwestern Mutual brokers, including the chief of its network office in northern New England, are under investigation by New Hampshire authorities Instead, the facts as both he and Northwestern describe them strongly suggest that he was suspended because the administration believed him to be a threat to campus safety based on his previous assault and harassment of students. The Court has also declined to order a preliminary injunction or temporary restraining order. Syed was informed of the decision by letter on December 22. In his Amended Complaint [97], Syed raises over a hundred claims against Northwestern. at 9. In order to succeed, Syed must make an initial threshold showing that: (1) his claims have some likelihood of succeeding on the merits; (2) he will suffer irreparable harm if the injunction is not granted; and (3) he has no adequate remedy at law. of Educ.,858 F.3d 1034, 1044 (7th Cir. 701, et seq. Id. Syed has moved for a temporary restraining order (TRO) and preliminary injunction against Northwestern University. 268, 205 L. Ed. WebThe original press release from the Christening of the Northwestern Propulsion is provided by a turbo-charged and after-cooled Caterpillar D398, producing 850 hp to drive a Coolidge 80-inch 3-blade stainless steel propeller. In response to the incident, Northwestern placed Syed on interim suspension, pending the outcome of an investigation. at 3. Similarly, his right to equal protection was violated because he was disciplined for messages on a group chat when other students were not. Alternatively, Syed seems to suggest that he cannot be held accountable for acts that were caused by his disability. Id. Erickson v. Pardus,551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble,429 U.S. 97, 106 (1976)). Syed argues that damages are inadequate because he cannot recover the time he will spend out of school during litigation. Forcier said investigations generally can last from "several months to years long.". "A preliminary injunction is an extraordinary remedy." WebFv / Fm is a ratio that indicates about the quantum efficiency of photosystem II. A Northwestern Mutual spokeswoman confirmed all seven are current or former registered representatives of Northwestern Mutual Investment Services LLC. While he was suspended, Northwestern investigated whether Syed's communication with students violated provisions of the Student Handbook and other policies. elksandturkeys 2 yr. ago Id. Id. at 13-14. Tragically, the same semester he began school, Syed's mother passed away from ovarian cancer. Northwestern Memorial HealthCare has notified about 56,000 donors and patients that their personal records were accessed earlier this year in a data breach that involved one of the health systems vendors. Three Northwestern Mutual insurance agents in New Hampshire were permitted to resign after the state Insurance Department began investigations against the men, some dating back to 2021. Damages are routinely awarded for false imprisonment and eavesdropping claims. Mot. Click the citation to see the full text of the cited case. 25. Low 43F. State officials in New Hampshire are investigating at least two former Northwestern Mutual insurance agents for how they sold and marketed life insurance to Daily file photo by Katie Pach. Finally, the court asks "whether the preliminary injunction is in the public interest, which entails taking into account any effects on non-parties." 28State regulators are investigating four Northwestern Mutual insurance brokers in Manchester, including two who either sent marketing emails with Stephen Graham is being investigated by the Insurance Department for the same reason, FINRA said. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. Id. The facts herein are taken from Syed's Motion for Preliminary Injunction (Dkt. See G & S Holdings LLC v. Cont'l Cas. A fourth-generation crab fisherman and also professional skateboarder, Jake was introduced to the world of crab fishing in 2007 by his uncle / Northwestern crewman, Nick Mavar, and fell in love with it. 1681, et seq. (Dkt. To date the Northwestern is the only vessel to have featured on all 18 seasons of Deadliest Catch as well as the pilot series America's Deadliest Season. at 8. 2019) (gender); Novak v. Bd. The joint investigation board reviewed and considered evidence related to the loss of the fishing vessel, which occurred on Dec. 31, 2019. Mar. at 7. The current position of NORTHWESTERN is at North America West Coast (coordinates 53.86965 N / 166.55432 W) reported 72 days ago by AIS. If Syed were to win on these claims at trial, damages would provide an adequate remedy. and that three no longer work there. So the boat kept busy by fishing Tanner Crab.In the early 1980s the Northwestern was one of the first Files are available under licenses specified on their description page. Syed seeks to be reenrolled in the program while the lawsuit is pending. 36. Click on the case name to see the full text of the citing case. He asserts that the University suspended him in retaliation for his objecting to discrimination. Northwestern is not a state actor here. Their motivation was to disrupt our business by encrypting customer files in our data centers, which we were able to prevent. 2020) ("a preliminary injunction is an exercise of a very far-reaching power, never to be indulged [] except in a case clearly demanding it.") Univ.,164 F.Supp.3d 1071, 1076 (N.D. Ill. 2016). Id. The crew of the F/V Northwestern is under investigation by the state and they may have unintentionally ratted themselves out on camera. The panel determined that Syed should be expelled and prohibited from reenrolling at Northwestern. 2008). In July of 2020, Syed returned to class. His bipolar disorder sometimes manifests as "psychotic episodes" triggered by stress, resulting in anger and paranoia. Federal law, however, does not prohibit individuals from being punished for misconduct arising from their disability, so long as the individual is not being punished for the disability itself. Do Not Sell or Share My Personal Information. The University interviewed five witnesses, including Syed and the student he allegedly attacked. Here, Syed's allegations and relief sought are related to Northwestern's internal disciplinary process, not any public police function. Listed below are the cases that are cited in this Featured Case. It is whether the process was corrupted by a discriminatory motive. 2018). Northwestern Mutual acknowledged the investigation. at 17. Phone messages left weren't returned Tuesday. Id. al., Defendants. The relevant question, however, is not whether Northwestern's disciplinary process reached the right conclusion or consulted all the appropriate evidence. He also asserts an eavesdropping claim based on the recording of a phone call with another student without his consent. Eric Forcier, deputy secretary with the New Hampshire Bureau of Securities Regulation, said Wednesday that there is a pending investigation with Northwestern Mutual. v. Ill. May 27, 2010) (describing award of nominal damages for even brief false imprisonments); Thomas v. Pearl,793 F.Supp. Id. The two others who resigned are no longer registered brokers, according to FINRA. Dist. Id. Listed below are those cases in which this Featured Case is cited. What Happened to Edgar Hansen on Deadliest Catch? Northwestern Memorial said the incident was not targeted at the health system and did not involve access to its electronic medical record systems. PI (performance index) indicates about the efficiency of both photosystems I and II. His personality and charisma carried him from greenhorn to full-share deckhand to relief deck boss, under Captain Sig Hansen. Starting in Season 9, Edgar took over the operation of the F/V Northwestern from his legendary brother, Sig, and worked closely alongside his niece Mandy to do their family name proud. However, by the time Season 15 began, Edgar vanished from the small screen altogether and has yet to make a grand return. Co. v. Dresser Indus., Inc.,749 F.2d 380, 386 (7th Cir. See Collins v. Nw. Resp. Resp. The Northwestern has been part of the Hansen's Clan for the past four generations. Syed also articulates state law claims as a basis for a temporary injunction. On August 23, 2020, in response to these allegations, the University again placed Syed on interim suspension. (cleaned up). Syed insists that this view is wrong because he did not actually commit the acts of which he was accused. Dkt. "I can confirm we have a pending investigation of Northwestern Mutual, but we don't comment any further than that on pending investigations," Eric Forcier, deputy secretary with the New Hampshire Bureau of Securities Regulation, said in an interview. Syed argues that Northwestern can be sued for constitutional violations because it acted under color of state law through the Northwestern Police Department. Partly cloudy skies this evening will give way to occasional showers overnight. Chance of rain 50%. 2011). And while the F/V Northwestern is used primarily for catching crabs, not deadly sharks, it's certainly big enough to get the job done. This particular boat is proudly featured on Discovery's Deadliest Catch, and is the only one that has made it though all 17 seasons of the show. Hansen, 50, a Shoreline resident who has gained fame as the hard-charging Norwegian-American skipper of the Seattle-based fishing vessel The Northwestern on at 5. Nicholas Giordano voluntarily resigned in 2021 while the New Hampshire Insurance Department was reviewing Giordano for non-variable life insurance application taking practices and unapproved marketing emails to prospective clients, according to FINRA. Others under investigation are Scott Christensen, Quinn Hogan, Stephen Graham, and Brian Belliveau and remain on the job as insurance agents of Northwestern Mutual and are registered representatives of Northwestern Mutual Investment Services LLC, according to Northwestern Mutual spokeswoman Julia Fennelly. State licenses are required for anyone who sells insurance policies in New Hampshire, he said. The health system has reported the breach to the U.S. Department of Health and Human Services. Chicago,933 F.3d 849, 854 (7th Cir. Three Northwestern Mutual insurance agents in New Hampshire were permitted to resign after the state Insurance Department began investigations against the men, some dating back to 2021. Mot. Syed discusses many events and parties in his Motion. If the moving party makes the initial showing, the court then balances the irreparable harm that the moving party would endure without a preliminary injunction against any irreparable harm the nonmoving party would suffer if the court were to grant the requested relief. Darryl H. v. Coler,801 F.2d 893, 898 (7th Cir. Craig Favara was permitted to resign last year while under internal review for potential violation of the firms policy prohibiting private securities transactions and sending unapproved marketing emails to prospective clients, according to FINRA. The University's decision to punish Syed and not the student with which he exchanged messages, for example, is easily explained by the language Syed uses in the text messages and his probationary status. United States District Court, N.D. Illinois, Eastern Division.https://leagle.com/images/logo.png. 28State regulators are investigating four Northwestern Mutual insurance brokers in Manchester, including two who either sent marketing emails with misleading statements or failed to supervise others who did. 1. See also Inventus Power, Inc. v. Shenzhen Ace Battery Co., 2020 WL 3960451, at *4 (N.D. Ill. July 13, 2020) (stating that the standard for issuing a TRO is the same as for preliminary injunction). v. Brown,908 F.3d 1063, 1068 (7th Cir. Burdell makes his first Walker didnt return a phone message left Wednesday. As a result, these claims are unlikely to succeed and cannot serve as the basis for a temporary injunction. Id. The vessel NORTHWESTERN (IMO: 7719179, MMSI 367363350) is a Fishing Vessel built in 1977 (44 years old) and currently sailing under Plaintiff Fahad Syed brings this action alleging various state and federal claims, including discrimination and due process violations, against a wide variety of defendants. Instead, Syed's motion focuses, to varying degrees, on the following claims: First Amendment retaliation; Fourteenth Amendment equal protection violation; false imprisonment; eavesdropping; and violations of the Americans with Disabilities Act, 42 U.S.C. F/V Northwestern is an Alaskan crab, Pacific cod, and salmon tendering commercial fishing vessel featured in the Discovery Channel series Deadliest Catch. Id. See also Illinois Republican Party v. Pritzker,973 F.3d 760, 763 (7th Cir. According to a police report from the Northwestern University Police Department, Syed punched another attendee in the face while at the event. FAHAD SYED, Plaintiff, at 12. For the stated reasons, Plaintiff Syed's Motions for Preliminary Injunction, Temporary Restraining Order, and Expedited Discovery [9, 10] are denied. Id. 26-17), along with supporting exhibits.3 The Court makes "factual determinations on the basis of a fair interpretation of the evidence before the court." Id. No. Morton Grove buys Dempster Street building to relocate village hall, Longtime Alsip banquet hall Chateau Bu-Sche has new owner, to reopen with new name, First 113,000 letters about Medicaid health coverage renewals going out in Illinois this week, Do Not Sell/Share My Personal Information. at 52. According to Northwestern, those proceedings have already taken place and Syed has been expelled. When evaluating a request for expedited discovery, the Court considers "the entirety of the record to date and the reasonableness of the request considering all the surrounding circumstances." But the mere involvement of a university police department does not automatically transform the school into a state actor. Winds S at 5 to 10 mph. What is the current position of northwestern? He has bipolar disorder, ADHD, anxiety, and depression. Five people had their Social Security numbers, financial accounts and payment information accessed, the health system said. On November 1, 2019, a week after his mother's death, Syed attended an event at the school's Chicago campus. What is more, it is unclear how an injunction now could mitigate these alleged violations that occurred years ago. Your purchase was successful, and you are now logged in. 2015) (disability). If you forget it, you'll be able to recover it using your email address. You have permission to edit this article. Id. The emergency entrance at Northwestern Memorial Hospital in Chicago. Syed requests a preliminary injunction and temporary restraining order requiring Northwestern to permit him to reenroll in the law school and attend class or participate in some alternative learning format. Whether or not Syed is likely to succeed on these claims, he has offered no arguments as to why he lacks an adequate remedy at law for them. 52. Based on the investigation, the University determined that Syed had violated the relevant provisions. Your e-mail address will be used to confirm your account. Resp. Most of these claims are not discussed in the instant motion and so are deemed waived. 1986). Among those who voluntarily left last year was Corey Walker, according to FINRA. 41-50. The vessel was built specifically for the King and Tanner crab fisheries of Alaska's Bering Sea. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 2012) ("The obligation to raise the relevant arguments rests squarely with the parties. at 15. Deadliest Catch Wiki is a FANDOM TV Community. Create a password that only you will remember. Register for online access, Northwestern Mutual insurance agents under state investigation. 1993) (describing damages as the remedy for eavesdropping under Illinois law). at 24. Invalid password or account does not exist. He has also requested expediated discovery and for the Court to prohibit Northwestern from using certain recordings in his expulsion proceedings. Syed has failed to establish a likelihood of success for his discrimination claims. ", Michael Cousineau, The New Hampshire Union Leader, Manchester, A Towering, Terrifying Demon Horse Isnt Even the Weirdest Part, Man who lost wife, son in Texas mass shooting tells story, Gwyneth Paltrow won't recoup attorney fees in ski crash suit, 'Zombie' misinformation: 'Rape Day' hoax resurfaces on TikTok, 'Very homophobic': Teachers' union leader Randi Weingarten says House hearing crossed the line, 9 of the Best Flops on Display at the Museum of Failure, Ballet Arizona presents All Balanchine, with the Phoenix Symphony, 'Just unreal': Billings police investigate fatal shooting late Saturday at carnival. Resp. WebWhen Sverre Hansens first boat, the Foremost, sank, Sig was devastated because he thought the boat was everything. Syed has failed to demonstrate that he lacks an adequate remedy at law for these state law claims. Favara also was allowed to resign while the state Insurance Department was reviewing Favara for unapproved marketing emails to prospective clients. "The individuals in question have been working diligently with the corporate office and the regulatory body to cooperate with the investigation, and they continue to operate their practices while the investigation is ongoing," said company spokesman Julia Fennelly. The vessel is owned and operated by the Hansen family of the state of The vessel is captained by Sig Hansen, a legendary figure in the Bering Sea fishing community. His commanding presence has made the Northwestern one of the best in the business. However, he is not the only one who deserves the credit for the F/V Northwesterns success as the boats dedicated crew members also make important contributions. Syed appealed the ruling, but an appellate panel denied his appeal. On December 18, a panel convened to determine the appropriate sanctions for Syed. Id. Id. Brian Belliveau is being investigated by the state Insurance Department for sending "marketing emails to prospects that the Insurance Department believes misrepresented his experience and client base," according to FINRA. Putting Syed's conclusory statements to the side, the record does not suggest that Northwestern's given reasons for expelling him were pretextual. 2011) (waiver applies "where a party fails to develop arguments related to a discrete issue."). Three of the four work for ClearView Financial Group in Manchester, which contracts through Northwestern Mutual to sell its products, according to Fennelly. Id; Mot. Syed states that he was simply informing them of the discrimination he was suffering from and requesting that they stop. Walker now works at MML Investor Services LLC in Bedford. See Brumfield v. City of Chicago,735 F.3d 619, 630-31 (7th Cir. "We look forward to this matter coming to a conclusion soon. In season 8, Josh joined the crew of FV Time Bandit, while Jake joined FV Northwestern. Northwestern, which is based in Evanston, just north of Chicago, is perennially ranked among the countrys top 10 universities and has long drawn a large Said Fennelly: "As a company, Northwestern Mutual takes matters of governance and compliance seriously, including our responsibility to state regulatory bodies. Discover the vessel's particulars, including capacity, machinery, photos and ownership. We won't share it with anyone else. 9-1) and several exhibits.2 Northwestern submitted affidavits by Lucas Christain, the University's Assistant Dean of Students & Director of Community Standards (Dkt. This is the name that will be displayed next to your photo for comments, blog posts, and more. The party seeking a preliminary injunction must make an initial threshold showing that: (1) it has some likelihood of succeeding on the merits; (2) it will suffer irreparable harm if the injunction is not granted; and (3) there is no adequate remedy at law. See also Orr v. Shicker,953 F.3d 490, 501 (7th Cir. Email notifications are only sent once a day, and only if there are new matching items. A spokesman for the state Insurance Department said state law prevented him from commenting. Fraternity Chapter At Northwestern University Under Cease-And-Desist Order Amid Drugging Claims; Student Who Claims She Was Drugged Comes Forward In Op-Ed September 27, 2021 / 6:16 PM / CBS Chicago So the boat kept busy by fishing Tanner Crab.In the early 1980s the Northwestern was one of the first boats to fish Opilio or Snow Crab. In 1981 there was a collapse of the King Crab fishery. The vessel has two Caterpillar D3306 auxiliary engines for powering 135 kw generators. at 4. "This Circuit employs a sliding scale approach for this balancing: if a plaintiff is more likely to win, the balance of harms can weigh less heavily in its favor, but the less likely a plaintiff is to win the more that balance would need to weigh in its favor." The vessel was built specifically for the King and Tanner crab fisheries of Alaska's Bering Sea. On November 19, Syed was arrested based on Dugo's allegation that he had violated the order. at 3. Id. Mot. Sorry, there are no recent results for popular collections. WebVessel NORTHWESTERN is a Fish Carrier, Registered in USA. ").1 In support of his motion, Syed submitted an affidavit (Dkt. at 72. at 8. See, e.g., Selective Ins. Mot. Id. New Hampshire law prevents the Insurance Department from discussing any investigations, according to Andrew Demers, the department's director of communications. at 26-27. Partly cloudy skies this evening will give way to occasional showers overnight. The University also received allegations that Syed had sent threatening and abusive messages to a student on a class-wide group chat. Id. The Northwestern is a 125 feet fishing vessel. He said he couldnt comment further. In response, Syed filed complaints with the federal Department of Education, the Illinois Department of Human Rights, and the Illinois Guardianship and Advocacy Commission. In later episodes of the season, Jake was once again seen struggling with his drug addiction. We have hired a third-party team of experts to monitor the dark web as an extra precautionary measure, the company said. The University was told that Syed had, over the summer, sent threatening messages to a student who had reported the November 1 incident. 26-7, Ex. 2013). at 4. 07-CV-2224, 2010 WL 11553255 (C.D. The New Hampshire Bureau of Securities Regulation also is reviewing Belliveau for sending marketing emails to prospects that the bureau believes contained misleading statements regarding his experience and client base. Co.,697 F.3d 534, 538 (7th Cir. If the moving party fails to demonstrate "any one of the[] three threshold requirements, [the court] must deny the injunction." In winter of 2017, he was accepted to attend law school at Northwestern University. Resp. Id. at 5-6. Ill. 1992), aff'd, 998 F.2d 447 (7th Cir. at 53-54. Jake was arrested on the charges of driving under the influence and possession of heroin with intent to manufacture or distribute the drug. The claims arise from his expulsion from Northwestern's law school and related events. at 83. Syed also filed a police report with the Chicago Police Department related to the recording of his phone call. Is He in Jail? 90-1), and Northwestern's Response. In 1981 there was a collapse of the King Crab fishery. The board heard from 43 Try a state park, Attractions group ready to tackle bigger issues, Big power shortfall looms after Quebec wooed U.S. with cheap hydro, Medical device maker completes first procedure in humans, How a Blackstone-backed slaughterhouse ended up in a child-labor scandal. WebJake Anderson. Girl Scouts of Manitou Council, Inc. v. Girl Scouts of the U.S.A., Inc.,549 F.3d 1079 (7th Cir. Demonstrating a likelihood of success is "a significant burden," though "at such a preliminary stage, the applicant need not show that it definitely will win the case." See Doe v. Columbia Coll. WebOn the Deadliest Catch, Northwestern has remained one of the most reliable and safe fleets to this day. Our commitment to compliant conduct remains: Northwestern Mutual takes matters of governance and compliance seriously, including our responsibility to state regulatory bodies, Fennelly said. Citations are also linked in the body of the Featured Case. The Court evaluates each of these claims against the standards for a preliminary injunction. However, this is not always the case, and it cannot always be 1 Bd. Get the details of the current Voyage of NORTHWESTERN including Position, Port Calls, Destination, ETA and Distance travelled - IMO 7719179, MMSI 367363350, Call Sign WDE5199 Last week, the New Hampshire Union Leader reported that state regulators were investigating four current Northwestern Mutual insurance brokers dating back to 2022, including two who either sent marketing emails with misleading statements or failed to supervise others who did. 2008). The Insurance Departments investigation is reviewing Walkers non-variable life insurance application practices and certain marketing emails representative sent to prospective clients, according to the database. Choose wisely! 2020). They cannot serve as the basis for a preliminary injunction. United States District Court, N.D. Illinois, Eastern Division. The four, under investigation since September, are named on the website of the Financial Industry Regulatory Authority (FINRA), a government-authorized, not-for-profit organization that oversees U.S. broker-dealers. 12101, et seq. Id. For example, he states that he never attacked anyone and was instead assaulted by students. Neither claim is likely to succeed on the merits because Northwestern is a private university and so not subject to constitutional claims.
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