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

[Doug Fierberg <>]

Hi Sarah:

 

Brett is absolutely right:  A cottage-industry of legal suits by perpetrators against survivors and/or schools has developed and is being spearheaded by a few lawyers.  Legal claims against survivors often include a claim for defamation, as there is a distinct pattern developing in these lawsuits.  Many simply seek leverage against the university to alter the nature or extent of sanctions.  Some of them directed against survivors have been dismissed because, in part, allegations made in confidential administrative proceedings (often being handled by state universities/colleges) are, generally, absolutely privileged, e.g. immune from becoming the basis of slander/libel/defamation claims.  That’s not even getting at the issue that statements made in such proceedings, and the proceedings themselves, are confidential, which defeats another element of these claims because there has to be proof that the statements caused damage to a party’s reputation within the community.

 

In any event, we are also tracking the results and the legal theories being used to defend against these claims as part of our advocacy for survivors, since we have also been directly involved in some of this litigation, and/or our clients have been threatened with the same.

 

Of note:  While our office is certainly a “for-profit” law firm, we regularly consult with such students and other advocacy professionals “for free,” and via a toll-free service.  I just did this yesterday, for a matter in New York, and this morning, for a matter in North Carolina; there being no expectation or request for fee. 

 

It’s part of the practice, firm ethos, and advocacy in this very important area of law, and it has been that way for some 25 years.  If we cannot help further, we direct students and others to qualified attorneys and other referral sources/providers/networks in their area so that they can access the best-available resources.  We are in a position to do this because of our trial and advocacy work across the country, and association with organizations such as the National Crime Victim Bar Association, National Crime Victim Law Institute, Public Justice, Stop Sexual Assault in Schools . . . . .

 

For reference, I’m attaching a recent mailer sent to personnel in the offices of Judicial Affairs and Title IX advising them of these free consultations for students.

 

Keep up the great work.

 

All the best.

 

Doug

Douglas E. Fierberg, Esq.

The Fierberg National Law Group

2001 L Street, NW

5^th Floor, Centurion Center

Washington, DC  20036

202-351-0510 (DC)

202-441-3119 (Cell)

231-256-7068 (MI)

231-256-7069 (Fax)

www.tfnlgroup.com

www.schoolviolencelaw.com

 

 

 

From: Diaz, Sarah [mailto:]
Sent: Thursday, September 08, 2016 10:22 PM
To:
Subject: Seeking Basic Legal Info for Survivor

 

Hello,

I am working with a student who reported an assault to law enforcement and Title IX and the accused was found responsible through the Title IX process. The survivor is now being sued by the accused for defamation.

 

Because the survivor is very unfamiliar with legal processes, access to some basic information about the legal process would be very helpful for her. I’ve reached out to local non-profit resources, but since she is being represented by an attorney (who she hasn’t met yet and may not have much ongoing access to) they are not able to consult with her.

 

I’d like to help her access some basic information that may help her understand what the process may entail, what to expect or not expect in terms of the timeframe, next steps, etc.

 

Are there any basic legal resources folks have shared with survivors in a similar circumstance in the past that you could pass along?

 

In my 8 years doing this work this is the first case of this kind I’ve encountered, and I’d love to be able to offer more support than I feel equipped to currently.

 

Kindly,

Sarah

 

Sarah B. Diaz, MSW

Associate Director of Health Education and Outreach Programs

 

Butler University

4600 Sunset Avenue

Indianapolis, IN 46208

 

Office: 317.940.8311

Victim Advocate: 317.910.5572

Fax: 317.940.6403

 

#BUBeWell

Attachment: TFNL Group Front.jpeg
Description: TFNL Group Front.jpeg

Attachment: TFNL Group Back.jpeg
Description: TFNL Group Back.jpeg