Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

[Brett Sokolow <>]

I don’t know of any specific case on point, but if the college is party to the contract or the arrangement for services, it would be an appropriate accommodation under Title IX and VAWA 304 prevent the victim/survivor from pecuniary loss as the result of an assault.  Otherwise, it would also be appropriate to find a way for the victim/survivor to provide alternative services for the money received, but not the perpetrator.  

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

116 E. King St.
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228

The NCHERM Group, LLC serves as legal counsel/advisor to 50 campuses

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From: "" <>
Date: Thursday, October 2, 2014 at 11:25 AM
To: Brett Sokolow <>
Cc: "" <>, Stephanie Jimenez <>
Subject: Re: Looking for supporting laws

Thank you for your response Brett. The other component I am looking at is that a portion of the service was provided as it was a contract for practice time with a more advanced student through out the semester. The campus instituted a temporary no contact sanction while they are going through the judicial process, and the student does not feel comfortable continuing the service from fear of being alone with the perpetrator. The money for the whole semester was paid up front but it is my assertion that it is not the survivors fault she can not continue service and she was relying on that money for the semester and at this point the likelihood she would be able to secure another contract for this semester is slim. Is there a legal piece of info I can pull to support that the student would not have to pay money back. I am having  a hard time with the survivor having to pay in more ways than one for the perpetrators inappropriate, victimizing,  and illegal behavior.  
Amber Mosley

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From: "Brett Sokolow" <>
To: , "Stephanie Jimenez" <>
Cc:
Sent: Thursday, October 2, 2014 11:11:10 AM
Subject: Re: Looking for supporting laws

Hi Stephanie,

If the service was provided, the fee is owed.  Even if not, if the perpetrator was unjustly enriched by the exchange (calling it that only because I don’t know the facts of what happened), or the victim/survivor relied to his/her detriment on the promises of the perpetrator, or gave up on other opportunities to earn money/provide similar services so that he/she could provide services to the perpetrator, courts will usually side with the victim/survivor keeping the money.  What kind of perp sues for return of the money after an assault, though?  This all assumes of course that the underlying service that was agreed to was a legal act…

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

116 E. King St.
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228

The NCHERM Group, LLC serves as legal counsel/advisor to 50 campuses

This e-mail message is from a law firm and may contain information that is privileged or confidential. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail at  or by calling 610.993.0229, so that our address record can be corrected.

From: "" <>
Date: Thursday, October 2, 2014 at 11:03 AM
To: Stephanie Jimenez <>
Cc: "" <>
Subject: Looking for supporting laws

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Hello Group,

I am working on a case and needed some assistance in finding the appropriate laws to support my advocacy for a student. This student was providing a service that another student made a verbal contract including a payment arrangement with. During the contract the person providing the service was sexually assaulted (CSC2) by the person paying for the service. I would like some help finding the legal language to support that the survivor will not have to return the money from the contract since there was something illegal that occurred during the contract time.

Thanks