Press Release Bode & Fierberg. 09 08 15

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  • PRESS RELEASE

    Note: This press release is being issued upon the assumption that a settlement of the

    litigation styled as Sterrett v. Cowan, et al, Case No. 15-1121 is, or will be, finalized as of

    September 8, 2015. September 8, 2015

    From: Douglas Fierberg, Esq.

    Bode & Fierberg, LLP

    1150 Connecticut Avenue, N.W., Ninth Floor

    Washington, D.C. 20036

    202-828-4100

    Schoolviolencelaw.com

    COUNSELS STATEMENT

    The University of Michigan dragged our client through a traumatic, oppressive maze after she

    reported sexual assault, taking years to resolve her complaint. Four University processes ruled in

    her favor, each finding the respondent responsible. The Universitys abusive proceedings triggered the U.S. Department of Education to open a federal investigation into the violations of

    our clients rights.

    When the respondent filed a federal lawsuit against the University, University officials publicly

    committed to vigorously defend its process. Today, the University has surrendered and turned its

    back on our client, apparently because of its own technical mistakes. Blindsided and betrayed,

    our client is more damaged from having reported the assault to the University than if she had not

    come forward at all. She cautions all University of Michigan students and parents to avoid

    reporting sexual violence to the University.

    FAMILYS STATEMENT

    Three years ago, our daughter went to University of Michigans Sexual Assault Awareness and Prevention Center to request separate housing and classes from the respondent so she could feel

    some semblance of safety. She was directed to the Universitys Title IX process, entangling her in what turned out to be an oppressive proceeding which took years to resolve.

    During these elongated proceedings, our daughter has had favorable rulings by two investigators,

    a resolution officer, and through the appeal process. During that time, the University breached

    her privacy, ignored violations of their own No-Contact order, failed to uphold their 60-90 day investigation timeline, and reopened the investigation without notifying her or allowing her to

    review and respond before it became a part of the official report. Further, the University

    extended the 10-day appeal deadline for the assailant to 80 days because he elected to travel out

    of the country, yet denied our daughters right to appeal altogether.

    When the respondent sued the University, University officials vowed to vigorously defend its

    Title IX Sexual Assault Policy and Process. Unfortunately, our daughter has learned otherwise.

    After years of being dragged through an onerous Title IX process, the University of Michigan

    has abruptly pulled the rug out from under our daughter due to the Universitys apparent mistakes.

  • The Universitys process has caused our daughter greater damage than if she had not reported at all. Based on her experience, she is choosing to come forward with the following message:

    I caution all University of Michigan students and their parents to avoid reporting

    sexual violence or using the Universitys Title IX process at all costs. I urge you to be aware: the University process will take far longer than they represent it to

    take, the University does not follow through on commitments of support they

    purport to offer, and it does not follow its own mandated procedures when

    investigating sexual violence on its campus. Worst of all, I have come to believe

    they do not care about individual students seeking help and are more concerned

    with producing the paperwork which demonstrates compliance with U.S.

    Department of Education mandates. With the multiple efforts and initiatives the

    University has undertaken and administrators have espoused, the biggest threat on

    campus has now become the Title IX Sexual Assault Policy as implemented by

    the University.

    Our daughter believes the University of Michigan is an honorable institution with noble values,

    traditions, and people. She holds the University in high regard and is proud to be associated with

    it. However, the less than honorable actions by several senior University officials have turned

    her life upside down and tarnished the name of the University of Michigan.