University of North Dakota: Accuser Is Criminally Charged with Lying to Police, But School Refuses to Reopen Misconduct Case

May 11, 2011

Code of Student Life: Prohibited Acts

Speech Code Category: Harassment Policies, Other Speech Codes
Last updated: October 12, 2018

Physical abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any persons.

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The Use of University Facilities: Events, Demonstrations, Fixed Exhibits, and Short-term Rentals

Speech Code Category: Protest and Demonstration Policies
Last updated: October 12, 2018

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Affirmative Action Office: Sexual Harassment

Speech Code Category: Harassment Policies
Last updated: October 12, 2018

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Policy and Procedures for Complaints of Discrimination or Harassment

Speech Code Category: Harassment Policies
Last updated: October 12, 2018

Harassment is a specific form of discrimination. It is unwelcome and offensive conduct that is based upon an individual or group’s membership in a protected class. Harassment is a violation of UND policy when it is objectively offensive and sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of the individual or group to participate in or benefit from the University of North Dakota’s programs or activities, including employment and academic pursuits.

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‘Toxic Environment’ for Sons Accused of Campus Sex Offenses Turns Mothers Into Militants

August 29, 2016

By Fred Barbash at The Washington Post In the course of a year, Sherry Warner-Seefeld went from high school teacher to activist promoting fairness for students accused of sexual misconduct. Explaining why, for her, means revisiting a night of shock and a phone call she will never forget… Read more here.

ND Bill Allows for Legal Reps for College Students

April 30, 2015

By Bob Kellogg at OneNewsNow Most people don’t realize that higher ed students don’t have the right to legal representation in expulsion and suspension hearings. But North Dakota has done something about that. North Dakota Governor Jack Dalrymple has signed SB 2150 into law, providing students the right to be represented at hearings at their own expense. Joe Cohn of the Foundation for Individual Rights in Education (FIRE) says his group worked with a bipartisan legislative group to get the bill passed. “We think it’s really important that states are starting to recognize that without lawyers able to actively represent students […]

North Dakota Guarantees College Students’ Right to Attorney During Nonacademic Disciplinary Hearings

April 29, 2015

By CS Staff at Campus Safety Magazine Last week North Dakota Governor Jack Dalrymple signed SB 2150 into law, which will provide students enrolled in the state’s public colleges and universities the right to be represented at their expense in non-academic suspension and expulsion hearings. The bill was approved by the House of Representatives by a unanimous 92–0 vote on April 8, and it passed the state Senate on a 44–1 vote on April 17. North Dakota is the second state this month—and the third state overall—to provide students the right to hire legal representation when contesting serious non-academic disciplinary […]

Due Process Win: North Dakota Students Now Have Right to Attorney

April 22, 2015

By Ashe Schow at The Washington Examiner What seems like an obvious right is sadly not so obvious for today’s college students. But a new law in North Dakota is reaffirming one of the basic elements of due process — the right to legal representation — for college students. The bill, SB 2150, unanimously passed the state’s House of Representatives on April 8 and passed the Senate on April 17 with just one senator voting against. Gov. Jack Dalrymple signed the bill into law on Wednesday. By signing this bill, Dalrymple, a Republican, has made North Dakota the third state […]

Due Process Comes to North Dakota as Students Given Right to an Attorney

April 22, 2015

By Greg Piper at The College Fix The University of North Dakota may be full of tension as the administration faces a second no-confidence vote tonight, but students accused of wrongdoing in the state higher education system now have a fairer system to go through. Gov. Jack Dalrymple signed a bill (previously covered by The College Fix) giving students the right to pay for a lawyer at their own expense in “non-academic suspension and expulsion hearings,” the Foundation for Individual Rights in Education says. The overwhelming vote totals – unanimous in the House and a single dissenting vote in the […]

Due Process For College Students Bill In A House Committee

March 24, 2015

By Dave Thompson at Prairie Public News A House committee is considering a bill that would allow a college student facing suspension or expulsion to have a lawyer present at the hearing. The Senate has already passed the bill. “It’s shocking to most people that, in 2015, students don’t enjoy that right, given how much is at stake when one’s education is on the line,” said Joseph Cohn of the Foundation for Individual Rights in Education (FIRE). “There’s a never ending list throughout the country of students expelled in hearings where they’re not allowed to have lawyers actively participating on […]

Student Discipline Bill Gets First Hearing

January 26, 2015

By John Hageman at The Bismarck Tribune A North Dakota legislative committee took no action Monday on a bill that would give the state’s university students the right to an attorney during disciplinary hearings. The proposal, Senate Bill 2150, would give students and student organizations the right to an attorney or non-attorney advocate — hired at the student’s or organization’s expense — who could fully participate in the hearing process. The right would not extend to accusations of academic dishonesty. The Senate Judiciary Committee did not make any recommendation on the bill Monday after a 90-minute hearing, said bill sponsor […]

Accused Students Could Bring Lawyers To Campus Hearings Under North Dakota Bill

January 20, 2015

By Courtney Such at The College Fix Universities have a long history of prohibiting access to legal representation for students in disciplinary hearings, for matters as serious as sexual assault. North Dakota would become just the second state in the nation to let students bring a lawyer when they are accused of non-academic infractions, under a bill introduced earlier this month. The legislation is too late for one student, whose treatment at the hands of the University of North Dakota gave urgency to the cause of disciplinary reform. SB-2150 would create a new section of state law “relating to student […]

N.D. May Become Second State To Allow Students To Hire Attorneys

January 19, 2015

By Ashe Schow at Washington Examiner The U.S. Constitution’s Sixth Amendment guarantees, among other things, the right to counsel in criminal proceedings. Colleges and universities have thus far skirted this right in campus sexual assault cases by stating the hearings are disciplinary — not criminal — in nature. But because the information used in those hearings can be turned over to police to be used in criminal proceedings, allowing students involved in the hearing — the accusers and the accused — to have legal representation is just common sense. And yet, it’s not so common. Only one state — North […]

College Facing Trial for Branding Innocent Student ‘Rapist’

March 14, 2014

By Bob Unruh at WND.com A federal judge has ruled that a series of claims by a student-athlete against his school will go to trial after he was branded a rapist during a campus hearing even though a local prosecutor who investigated said the case should be dropped. A ruling from U.S. District Judge Arthur Spiegel rejected the request by Xavier University to toss the entire case. It ordered a trial on claims by Dezmine Wells regarding breach of contract, intentional infliction of emotional distress, libel through injury to his personal reputation, his profession reputation and with malice, negligence and discrimination. The […]

Feds want campus sex convictions made easier

February 25, 2014

by Michael Barone, Mona Charen, Phyllis Schlafly and Heather MacDonald at WND A national rights organization is expressing alarm that the Obama administration continues to pursue a requirement allowing sexual-assault cases on college and university campuses to be decided on a “preponderance” of evidence The standard is far lower than the standard of presumed innocent until shown guilty “beyond a reasonable doubt” as required in criminal courts. The Foundation for Individual Rights in Education charges that the Department of Education is engaging in “bait-and-switch” tactics in a series of negotiating sessions intended to hammer out the fine print of the rules […]

Falsely accused of rape?

October 31, 2013

by Timothy Bella For Caleb Warner, weekends still revolve around sports and hanging out with his friends. But life hasn’t been so carefree in the four years since he met a young woman. “We met at a party,” Warner told America Tonight. “And, I don’t know, we just kinda made eye contact. And, you know, one thing led to another.” On Dec. 13, 2009, Warner, then a junior at the University of North Dakota, attended a party thrown by his fraternity, Phi Delta Theta. There, he met a freshman who caught his eye. They played beer pong in the basement […]

OUR OPINION: UND must reaffirm free speech, other rights

January 6, 2013

Look on the bright side: At least UND didn’t get scorched by FIRE as having the Speech Code of the Year. Last week, FIRE — the Foundation for Individual Rights in Education — awarded that “honor” to two other schools, including Oakland University in Michigan. There, the school’s policy prohibits offending or disturbing anyone via phone or computer, “nor shall any person” use “immoral or insulting language” over those devices. Oakland’s policy “illustrates perfectly the mock-Victorian sensibility that seems to underlie so many university speech codes, a sensibility according to which adult college students must not be exposed to anything […]

The Politics of Campus Sexual Assault

November 6, 2011

By Cathy Young at Reason Nearly two years ago, in February 2010, University of North Dakota student Caleb Warner was thrown out of school with a three-year ban on reapplying after a campus disciplinary panel found he had violated criminal laws by sexually assaulting a fellow student. … Read more here.

UND student back at school

November 3, 2011

Back in March I suggested people learn the name Caleb Warner. At the time, he was a former University of North Dakota student. He was kicked out of UND after a woman filed a rape charge against him. Robert Boyd, UND’s vice president of student outreach at the time, made the ruling in February 2010 based on the police report. Boyd, didn’t wait to see if the police actually sought criminal charges against Warner. They never did. Instead the police charged his accuser of making a false report to police. Warner requested a rehearing in July 2010 after the police […]

Wrongly Accused UND Student Will Not Return To UND

October 25, 2011

The mother of a UND student who was falsely accused of sexual assault and kicked out of school says her son will not return to UND. Sherry Warner-Seefeld says her son Caleb Warner just wants to put the incident behind him and get on with his life. Nearly two years after being accused of rape Warner’s expulsion was reversed. Despite being cleared of the charges, Warner wasn’t able to get his expulsion reversed until he brought in the Foundation for Individual Rights in Education to represent his case. He was accused of four violations of the code of student life […]

At the University of North Dakota, Yes Also Means No

July 21, 2011

Earlier today, Tim Cavanaugh noted that the Department of Education’s Office for Civil Rights (OCR) has instructed colleges that due process in cases involving sexual harassment or assault is inconsistent with federal law. “In order for a school’s grievance procedures to be consistent with the standards in Title IX,” OCR’s head, Russlynn Ali, wrote in an April 4 letter, “the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).” Writing in The Wall Street Journal, Reason contributor Harvey Silverglate suggests that Ali’s missive, which “sends the message that results—not […]

Trumping Moses and Matthew

November 7, 2005

By Suzanne Fields at Townhall.com What do the Bible and the “The Vagina Monologues” have in common? Not much. But surely we can all agree that both are covered by the First Amendment, guaranteeing freedom of religion and freedom of expression. Well, that’s not so at the University of Wisconsin-Eau Claire. At UWEC you can live in a dorm and watch a performance of “The Vagina Monologues,” but you can’t join a Bible studies group. Any resident assistant, or RA, as the live-in student counselors are called, can put on a performance of the play, and one has, but leading […]

What Campus Leaders Had To Say About Free Speech This Week [UPDATED]

October 7, 2016

Campus leaders have recently been taking advantage of opportunities—sometimes under pressure—to explain their approach to freedom of speech and other principles enshrined in the First Amendment. How did they fare with such tests this week? The Good Washington State University (WSU) Members of WSU’s administration—President Kirk Schulz, Provost and Executive Vice President Dan Bernardo, and Interim Vice President for Student Affairs and Dean of Students Melynda Huskey—penned a “message on Free Speech” that went out to WSU students this week. In it, they reminded students of the university’s role in the free exchange of ideas: Public universities are uniquely suited […]

North Dakota Right to Counsel Bill Clears Key Hurdle

February 13, 2015

Last month, The Torch was pleased to report that a bipartisan bill was introduced in the North Dakota Legislative Assembly to provide students and student organizations at public universities the right to hire lawyers for representation in certain campus disciplinary hearings. More good news: Earlier this week, an amended version of the bill was passed out of the Senate Judiciary Committee and now heads to the Senate Appropriations Committee for a hearing on Tuesday morning. The bill states in part: Any student enrolled at an institution under the control of the state board of higher education has the right to […]

Bipartisan Student Right to Counsel Bill Introduced in North Dakota

January 9, 2015

Colleges and universities aren’t always known for providing meaningful due process to students in hearings where suspension or expulsion is at stake, but that may soon change in North Dakota. Yesterday, state legislators introduced SB 2150, a bill that, if passed, would make North Dakota the second state to grant students enrolled in its public colleges and universities the right to hire lawyers in suspension or expulsion hearings. The bipartisan bill is championed by Senators Ray Holmberg (R), Kelly Armstrong (R), and Jonathan Casper (R), as well as Representatives Lois Delmore (D), Mary Johnson (R), and Diane Larson (R). It […]

Emily Yoffe on ‘The College Rape Overcorrection’

December 8, 2014

Emily Yoffe has thoroughly examined and thoughtfully considered the complex issue of how colleges and universities handle allegations of sexual assault, and the result is a must-read article published yesterday in Slate. Yoffe starts by detailing the case of Drew Sterrett, a former University of Michigan student who is claiming in a lawsuit (PDF) against the university that it punished him for an alleged sexual assault without a fair hearing and despite significant exculpatory evidence. This account may not surprise readers familiar with John Doe’s pseudonymous lawsuit against Occidental College (which Yoffe also discusses in her piece), or the case […]

What Ezra Klein Gets Wrong about the ‘Yes Means Yes’ Law in California

October 17, 2014

On Monday, Vox co-founder Ezra Klein penned an op-ed about how he firmly supported the affirmative consent bill recently passed in California despite his candid acknowledgment that the bill was in fact “terrible.” The general tenor of his column, which I discussed in The Daily Caller yesterday, was that you can’t make an omelet without breaking a few eggs—the eggs being people unjustly found guilty of rape. Critics on the left and the right were equally appalled, as well they—or anyone concerned with civil liberties—should have been. Under this barrage of well-deserved criticism, Klein returned with a longer piece yesterday, […]

NPR’s ‘Morning Edition’ and ‘Chronicle of Higher Education’ on Campus Sexual Assault and Due Process

September 3, 2014

National Public Radio’s (NPR’s) Tovia Smith spoke with both due process advocates and victims’ rights advocates on “Morning Edition” today, illuminating the serious problem of college students who are accused of sexual assault being denied a fair hearing. The report included comments from FIRE’s Robert Shibley, claimants’ attorney Colby Bruno, an unnamed former student at the University of Massachusetts, Amherst, who was expelled for an alleged sexual assault, and several others.

New Organization Founded to Promote Due Process on Campus

July 15, 2014

FIRE is pleased to announce the launch of a new organization, Families Advocating for Campus Equality (FACE), dedicated to defending due process on campus. FACE president and co-founder Sherry Warner Seefeld is the mother of Caleb Warner, who was falsely found responsible for sexual assault by the University of North Dakota in one of FIRE’s best-known due process cases. Co-founders Judith Grossman and Allison Strange are mothers with similar experiences. FIRE looks forward to working with FACE on due process issues in the years to come.

‘New York Times’ Misses Opportunity to Report on Campus Due Process Violations

July 7, 2014

Last week, the New York Times Editorial Board addressed the issue of campus sexual assault. Unfortunately, the Board missed an opportunity to address many serious concerns held by FIRE and others about university policies and practices that threaten the due process rights of students accused of sexual misconduct.

‘Siouxper Drunk’ T-Shirts Constitutionally Protected; Critics Call for Expulsion Anyway

May 27, 2014

Earlier this month, a group of University of North Dakota (UND) students attending the off-campus event “Springfest” drew criticism for wearing shirts that read “Siouxper Drunk” and depicted a Native American drinking from a beer bong. While the First Amendment prohibits a public university like UND from imposing discipline on the students for the content of the T-shirts, some students and local Native American tribe members are calling for UND to punish students who wore the shirt. Meanwhile, news outlets are creating an air of suspense where none should exist, as UND is legally limited in how it can respond to the shirts.

“My son was falsely accused of rape”

February 18, 2014

In an email to FIRE supporters today, Sherry Warner-Seefeld, mother of Caleb Warner, writes about her son’s experience when he was wrongfully accused and found guilty of sexual assault by administrators at the University of North Dakota. We wanted to share Sherry’s words with Torch readers as a reminder of how important—and under attack—due process rights on campus are.

Al Jazeera America Series on Campus Sexual Assault Highlights All Victims of the Broken University Disciplinary System

November 1, 2013

Last week, the flagship news magazine program on Al Jazeera America, America Tonight, broadcast a series of reports about the issue of sexual assault on college campuses, ending with a town hall discussion on this critically important subject. In a fair, thorough portrayal of the issues involved, America Tonight put together in-depth segments on the experiences of sexual assault victims, the fraternity culture on campus, and how sexual predators use alcohol as a tool to incapacitate their victims. These reports should be required viewing for anyone who is on a college campus or who has a child there. America Tonight also did an in-depth report about Caleb Warner, the student who was […]

‘Grand Forks Herald’ Calls for University of North Dakota to Revise December’s Speech Code of the Month

January 7, 2013

On Sunday, the Grand Forks Herald published an editorial calling on the University of North Dakota to revise its speech-restrictive “harassment” policy, which earned the “honor” of being named our Speech Code of the Month for December 2012. The policy’s overbreadth is striking, defining “harassment” (PDF) to include speech that causes a group or individual “unwelcome attention,” “humiliation,” “ridicule,” or even just “offense.” Under the specific terms of the policy, merely “ignoring an individual at work or study” may be harassment. Making matters worse, the policy also notes that harassment may include “unacceptable behavior affecting the dignity of an individual […]

Speech Code of the Month: University of North Dakota

December 3, 2012

FIRE announces its Speech Code of the Month for December 2012: the University of North Dakota (UND). UND defines “harassment” (PDF) as: [U]nacceptable behavior, which can range from violence and bullying to more subtle behavior such as ignoring an individual at work or study. It subjects an individual or a group to unwelcome attention, intimidation, humiliation, ridicule, offense or loss of privacy. It is unwanted by the recipient and continues after an objection is made. The policy further provides that: This definition includes sexual and racial harassment, and bullying as well as any other form of personal harassment arising from […]

AP: Sexual Assault Claims on Campus a ‘Legal Minefield’

April 23, 2012

This weekend, Justin Pope of the Associated Press came out with a pair of thorough and insightful articles about the “legal minefield” in which universities currently find themselves when it comes to addressing claims of sexual assault on campus. As Pope explains, Typically, colleges enjoy wide leeway in responding to student misconduct, whether that means using a disciplinary board to enforce their own rules or simply punting the matter to law enforcement. But as Title IX is now interpreted — and would be reinforced under a new version of the Violence Against Women Act awaiting a Senate vote — colleges […]

Cathy Young Highlights New Threats to Due Process on Campus

November 7, 2011

Writing for RealClearPolitics, columnist Cathy Young details the threats to due process rights for students accused of sexual harassment and sexual assault presented by recent guidance from the Department of Education’s Office for Civil Rights (OCR) and a new draft of a bill to reauthorize the Violence Against Women Act (VAWA). Young uses FIRE’s recent victory at the University of North Dakota on behalf of student Caleb Warner as a frame to evaluate the reduced evidentiary standard mandated by OCR—a standard that would be enshrined in federal law, were the VAWA draft currently circulating on Capitol Hill to pass: Nearly […]

‘Grand Forks Herald’ on Caleb Warner’s University of North Dakota Nightmare

November 1, 2011

The Grand Forks Herald published an article yesterday by reporter Tu-Uyen Tran about former University of North Dakota (UND) student Caleb Warner’s due process nightmare. Warner’s ordeal, which finally ended last month, began when a female UND student accused him of sexual assault following a sexual encounter that Warner believed to be consensual. Following a disciplinary hearing that employed the low “preponderance of the evidence” standard, Warner was found guilty of sexual assault by UND and suspended for three years. Meanwhile, North Dakota law enforcement officers found no evidence of wrongdoing by Warner. Instead, they charged Warner’s accuser with filing […]

Caleb Warner Not Returning to University of North Dakota

October 31, 2011

WDAY Channel 6 News out of Fargo, N.D., is reporting that student Caleb Warner will not be returning to school at the University of North Dakota (UND). For those who are new to The Torch, Warner was found guilty of sexual assault by a UND campus court in February 2010, despite the fact that the Grand Forks police who investigated the case not only refused to charge Warner with sexual assault, but actually charged his accuser with making a false report to law enforcement about the incident. Nevertheless, UND refused to reexamine its finding on Caleb Warner for nearly a […]

SEPARATE STANDARD: UND changes stance after punishing student for crime police won’t charge

October 31, 2011

A disciplinary panel at UND decided that Caleb Warner had, among other things, violated criminal laws against sexual assault. The police investigated and, instead, charged his accuser for false report. Though the university reversed sanctions against Warn by Tu-Uyen Tran Grand Forks Herald   In February 2010, a disciplinary panel at UND decided that Caleb Warner had, among other things, violated criminal laws against sexual assault. He was kicked out and told that he could file an application to come back after three years. Grand Forks Police investigated the case and, instead of charging Warner, charged his accuser Jessica Murray […]

Victory for Due Process: Student Punished for Alleged Sexual Assault Cleared by University of North Dakota; Accuser Still Wanted for Lying to Police

October 18, 2011

As FIRE reports in today’s press release, a student convicted of sexual assault and banned from campus by a University of North Dakota (UND) tribunal is free to return to school this week. After a year and a half, UND officials have determined that the university’s finding of guilt against student Caleb Warner was “not substantiated” in the face of the evidence. That same evidence led North Dakota law enforcement to charge Warner’s accuser last year with making a false report to law enforcement-a charge for which she is still wanted by the police. UND finally reexamined Warner’s case only […]

Victory for Due Process: Student Punished for Alleged Sexual Assault Cleared by University of North Dakota; Accuser Still Wanted for Lying to Police

October 18, 2011

GRAND FORKS, N.D., October 18, 2011—A student convicted of sexual assault and banned from campus by a University of North Dakota (UND) tribunal is free to return to school this week. After a year and a half, UND officials have determined that the university’s finding of guilt against student Caleb Warner was “not substantiated” in the face of the evidence. That same evidence led North Dakota law enforcement to charge Warner’s accuser last year with making a false report to law enforcement—a charge for which she is still wanted by the police. UND finally reexamined Warner’s case only after the […]

Former FIRE Intern Nico Perrino Warns of Due Process Decline on Campus

July 21, 2011

Nico Perrino, a 2010 FIRE summer intern and current undergraduate at Indiana University – Bloomington (IUB), has been working to reform IUB’s speech codes since returning to campus from his internship. Today, Nico has a column in the Indiana Daily Student calling attention to the inroads against student due process rights on campus made by the Department of Education’s Office for Civil Rights’ (OCR’s) recent “Dear Colleague” letter. Nico writes in his column:  The letter, sent to all public institutions of higher education, mandates that universities, which receive federal funding, adopt the “preponderance of evidence” standard when investigating reports of rape […]

Harvey’s Op-Ed Draws Praise from Cato, Shines Spotlight on Troubling OCR Policy

July 18, 2011

FIRE Co-founder and Chairman Harvey Silverglate’s Friday op-ed in The Wall Street Journal continues to draw attention to the absurd rulings of some campus courts, and underscores the due process concerns raised by schools’ harried attempts to comply with the Department of Education’s Office for Civil Rights’ (OCR’s) mandate to use the “preponderance of the evidence” evidentiary standard. Last Friday, Trevor Burrus, a legal associate with the Cato Institute, wrote a piece for Cato’s blog, Cato@Liberty, praising Harvey and FIRE for “highlighting the emerging problem of due process violations on college campuses.” As Burrus aptly noted, the preponderance of the […]

In Today’s ‘Wall Street Journal’: University Finds Student Guilty of Sexual Assault While Police Charge Accuser for Lying About It

July 15, 2011

GRAND FORKS, N.D., July 15, 2011—In a stark demonstration of the failure of campus judicial procedures, the University of North Dakota (UND) has found a student guilty of sexual assault despite the fact that local police refused to charge him with a crime and instead charged his accuser for lying about the incident. Former student Caleb Warner has been banned by UND from stepping foot on any state public campus for three years. Meanwhile, his accuser has been wanted by the Grand Forks Sheriff’s Department for more than a year on the charge of making a false report to law […]

When Should a University Reopen a Sexual Assault Case?

March 14, 2011

The Grand Forks (ND) Herald ran an editorial last week discussing the case of former student Caleb Warner, who was expelled from the University of North Dakota (UND) after a college tribunal found him guilty of charges stemming from an alleged sexual assault. Notice the word “alleged.” The twist in this case is that his accuser is now wanted by the Grand Forks police on charges of filing a false police report with regard to the case. The police have even issued an arrest warrant for her; apparently, she has returned to her home state of California and has so far […]