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After reviewing the following article, the webmaster and the editors of this site will assure our readers the following. The information contained on this web site is factually true and provable. Consequently, any lawsuit against the editors or Internet Service Provider (ISP) is without merit and merely another attempt to suppress the truth about UND. The Webmaster has not been sued over this matter and any suit against the provider of factual material would be an uphill battle at best.
www.und-fraud.com is registered to Vivian Nelson, a former UND student dismissed from the School of Medicine in 1990. This site was created because UND destroyed the career and financial integrity of Vivian Nelson without conducting the hearings required by UND policies. The details of this fiasco are well documented and present on this web site at the following address: http://www.und-fraud.com/UNDSM/index.htm
Additionally, no attempts were made to reach the web mistress, Vivian Nelson, pertaining to the Herald article printed below.
Miskin Harassed and Stalked Wagner?!?!?!?!?
It must also be mentioned it is highly unlikely Miskin, the UMC student suspended from UND ever harassed or stalked Wagner as claimed by UND.
The Communications Decency Act of 1996 treats Internet service providers as conduits of information, not publishers, consequently suing the ISP should be viewed as an attempt by McKechnie to squander additional funds from his client. The editors of this site deplore the fleecing of anyone.
Lastly should legal action be taken McKechnie and the Courts will recognize the substantial damages UND caused the authors of this site.
In keeping with our policy, we present the following article as it appeared in the Grand Forks Herald on November 27, 2000.
By Tom Bryan
Herald Staff Writer
A UND physics professor is suing the editors -- and the Internet service providers -- behind a controversial Web site that publishes scandalous and allegedly defamatory information about the university and its employees.
The lawsuits -- two, maybe three civil suits that currently exist -- as well as the undying feud that is inextricably linked to them, is part of an ugly and embarrassing campus drama that surfaced two years ago at UND when an older-than-average student was suspended after, UND officials said, she "harassed" and "stalked" a tenured college professor.
Since then, Glenda Miskin, 44, who said she was forced to leave UND in 1998 and enroll at the University of Minnesota at Crookston, has allegedly helped write and publish a series of e-stories filled with outrageous allegations and potentially slanderous claims about the suing professor, Dr. John Wagner of Grand Forks, who contributed to Miskin's exile from UND.
According to Wagner's lawsuits, libelous articles about him are regularly published at www.und-fraud.com -- a Web site solely dedicated to exposing UND as a "fraudulent and deceptive institution." The Web site contains articles alleging fraud and misuse of power by UND officials.
Last year, by Miskin's own recent admission, but without a detailed explanation, Miskin joined forces with a Florida woman who holds an equally large or greater ax to grind against UND and its employees.
Together, Miskin said, and with the help of "friends," the two women have staged a virtual war of words against UND.
The Florida woman
According to court documents, www.und-fraud.com is registered to Vivian Nelson of Fort Pierce, Fla., a former UND student who was dismissed from the School of Medicine about 10 years ago for undisclosed reasons.
In mid-September, working with Grand Forks attorney Bill McKechnie, Wagner filed a civil lawsuit against Nelson and "all other John Doe editors of the Web site," which indirectly named Miskin as well.
Last week, McKechnie actually requested that Northeast-Central District Judge Lawrence Jahnke place a temporary court injunction over the Web page, which would essentially shut it down -- or at least get stories about Wagner removed from the site -- for at least six months, or until an order of final judgment is rendered.
Nelson, who could not be reached, is not well-known, not often talked about, nor much remembered in Grand Forks. Nor can anyone seem to explain the motivation that fuels her loathing for UND and its employees, other than her decade-old dismissal from the School of Medicine.
Nevertheless, Nelson has continued to publish dozens if not hundreds of negative and scandalous stories about UND on her Web site. In addition to stories about Wagner, the Web site has published stories ranging in content from alleged racial discrimination at UND to poor academic standards to janitors caught sleeping on the job.
As Miskin said Friday, "Hey, this is the Internet -- anything goes."
Miskin is an editor
Among the "unknown editors" who have been summoned to "appear and defend themselves" against the complaint, McKechnie said, is Miskin, the UMC student suspended from UND for allegedly harassing and stalking Wagner in 1998.
Miskin said Friday she still denies nearly all the claims Wagner made about her during the student disciplinary hearing that resulted in her suspension. However, Miskin said, she's made several efforts to reconcile the situation with Wagner since leaving UND.
Because of the potential implications of the current situation, Miskin was reluctant to name herself as a Web site contributor Friday, although she eventually disclosed her role in the endeavor.
"I am, in fact, one of the editors of the Web site," Miskin revealed Friday. "I can say that much. I have contributed to stories on the Web site."
The stories Miskin admitted writing and publishing on Nelson's Web site, as well other stories written by unknown authors, McKechnie said, include statements that defame and slander Wagner.
For example, the Web site presents an article titled, "University of North Dakota officials destroyed Glenda Miskin Career."
Under this headline is another story called, "Kinky, torrid romance by randy physics professor," the lawsuit claims, that states that Wagner conducted an inappropriate sexual relationship and sexually harassed Miskin, who was a student in his physics class at the time.
The article goes on to insinuate that Wagner has been involved, or has planned to be involved, in additional sexual deviance while employed at UND, all of which is "wholly false," the lawsuit claims.
According to Wagner's complaint, the Web site has been "hit" over 300,000 times and viewed by countless third persons.
The allegations on the Web site, specifically stories that claim Wagner has engaged in, thought about, or discussed criminal sexual conduct, has exposed the professor to undeserving "hatred, contempt, ridicule," and "injury to his occupation," the lawsuit against Nelson claims.
In his lawsuit against the editors of the Web site, Wagner seeks the following:
In addition to the lawsuit against Nelson, Wagner reportedly filed a lawsuit solely against Miskin last year in an attempt to get stories about him off the Internet.
Miskin said she offered to settle the case out of court and take the stories off the Internet if Wagner would have agreed to write a letter to the court -- "calling it quits" -- and essentially drop the case against her. In addition, Miskin said, she asked Wagner for $10,000, to cover the cost of student loans and grants she lost when she was suspended form UND.
Wagner denied Miskin's request and threatened to press criminal charges against her if she contacted him again, she said Friday.
In addition to the lawsuits brought against Miskin, Nelson and the nameless editors of www.und-fraud.com, McKechnie said, Wagner recently filed an additional lawsuit against the Internet service providers, or ISPs, responsible for establishing the Web site's domain on the World Wide Web.
Named in the third lawsuit, McKechnie said, is an Internet company called Cybergate and its parent company E.spire.
McKechnie said Thursday that winning an a lawsuit against an Internet provider such as Cybergate is a long shot. In fact, a federal judge dismissed a $30 million defamation case filed against America Online in 1998, ruling that Internet service providers are immune from civil suits stemming from the editorial content they carry.
Congress exempted AOL from the defamation suit when it passed the Communications Decency Act of 1996. That law treats Internet service providers as conduits of information, not publishers, according to the court's ruling.
Nevertheless, McKechnie said, he hopes the court system will recognize the substantial damages "www.und-fraud.com" has caused Wagner.
Source: Grand Forks Herald, November 27, 2000