With Nassar Sex Abuse Scandal, Tough Road Ahead for Michigan State, In-House Counsel
“Depending on how you play your cards, this case could have a substantial impact on the university. These are the circumstances where you do some of your best lawyering,” said one attorney who used to be a GC in academia.
January 24, 2018 at 05:24 PM
5 minute read
Larry Nassar appearing in court in Lansing, Michigan, Jan. 23, 2018. Photo: Dale G Young/Detroit News via AP
Michigan State University is embroiled in a legal crisis over the Dr. Larry Nassar criminal sexual misconduct case, similar to the scandal Penn State University endured and that cost its president and general counsel their jobs.
The National Collegiate Athletic Association released a statement Wednesday saying it is opening an investigation into MSU. At about the same time, Nassar, a former MSU sports doctor and physician for USA Gymnastics, was being sentenced to an additional 40 to 175 years in prison after he pleaded guilty in state court to sexually assaulting and abusing young women athletes at MSU for years.
Nassar already had been sentenced last year in federal court to 65 years in prison after pleading guilty to child pornography and criminal sexual misconduct with women not included in the state case. Last week, more than 100 women testified against him at his highly publicized sentencing hearings in state court, perhaps prompting the NCAA to act.
“The NCAA has sent a letter of inquiry to Michigan State University regarding potential NCAA rules violations related to the assaults Larry Nassar perpetrated against girls and young women, including some student-athletes at Michigan State,” the statement said. The NCAA declined further comment.
At the center of the inquiry are allegations that at least eight women at MSU had reported Nassar's misconduct to some 14 university representatives, according to the Detroit News. The newspaper said one of the reports, a Title IX complaint and a police report against an unnamed physician, reached MSU President Lou Anna Simon in 2014.
Simon announced Wednesday in a letter that she has resigned from her post. A member of the school's board of trustees over the weekend had released a statement calling on Simon to step down, as did some legislators.
Barry Burgdorf, general counsel for the University of Texas System from 2005 to 2013, told ALM that at times like this a GC's office shifts into crisis management mode. Burgdorf is now special counsel with Pillsbury Winthrop Shaw Pittman in Austin.
He noted that sexual misconduct cases at Penn State and Baylor are not far in the past. “These are big, important, and at times all-consuming issues for universities and their legal departments,” he said.
Asked what he would do if he were the GC in such a crisis, Burgdorf said, “I'd be surprised if they hadn't done something already. I would have already hired an outside counsel and have them digging deeply into it. You want that objectivity from outside counsel to help you understand what may be coming down the pike.”
In fact, ALM reported in June that MSU hired Patrick Fitzgerald, a former U.S. attorney for the Northern District of Illinois and now a partner at Skadden, Arps, Slate, Meagher & Flom in Chicago, to conduct an internal investigation at the university and handle litigation. Dozens of women have filed civil suits against the school for failing to protect them or to take action against Nassar earlier. Detroit-based Miller, Canfield, Paddock and Stone is also advising Michigan State in the matter.
The school's office of general counsel said Robert Noto, vice president and GC, is on vacation this week. They referred calls to the media communications department, which did not immediately return messages.
Christine Helwick, former general counsel at California State University and now of counsel with Hirschfeld Kraemer in San Francisco, said, “For better or worse, universities in these times are used to investigations into high-profile subject matter.”
Helwick said she expects the NCAA to choose an independent investigator, if it hasn't already, and to ask MSU to give free reign to the gathering of facts and interviewing of pertinent witnesses.
Helwick said MSU, as a member of the Big Ten sports league, is required to cooperate fully with the investigation. But she said the NCAA has control only over violations of its rules or procedures.
Still, NCAA sanctions can cripple a university's sports program. Penn State was slammed in 2012 with severe NCAA sanctions, but last year Baylor escaped NCAA penalties over how it mishandled alleged sexual assaults by football players. Its sports league, the Big 12, did penalize the university several million dollars.
As Burgdorf put it, “Depending on how you play your cards, this case could have a substantial impact on the university. These are the circumstances where you do some of your best lawyering.”
Update (1/25) : While Baylor University has not received any NCAA sanctions as of yet, Jason Cook, Baylor's vice president for marketing and communications, told ALM Thursday that the NCAA investigation has not been completed. “Baylor is continuing to provide requested information to the NCAA,” he said, so it's too early “to say we've escaped penalties.”
Cook also confirmed that the Big 12 Conference is withholding 25 percent of Baylor's conference distributions, but on a temporary basis, “until the conference has verified the completion of Baylor's 105 self-imposed recommendations in response to past issues of sexual violence. I would not characterize this as a penalty, but a temporary withholding.”
Update (1/24): This story has been updated to include Lou Anna Simon's decision to resign from MSU.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWhy ACLU's New Legal Director Says It's a 'Good Time to Take the Reins'
Top Governor's Office Executives Drafted Letters Threatening Florida TV Stations Over Abortion Ads
3 minute readHunter Biden Sues Fox, Ex-Chief Legal Officer Over Mock Trial Series
GC of Florida State Agency Steps Down After Threatening TV Stations That Aired Abortion-Rights Ad
Trending Stories
- 1DOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
- 2GEO Group Sued Over 2 Wrongful Deaths
- 3Revenue Up at Homegrown Texas Firms Through Q3, Though Demand Slipped Slightly
- 4Warner Bros. Accused of Misleading Investors on NBA Talks
- 5FTC Settles With Security Firm Over AI Claims Under Agency's Compliance Program
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250