“I’m rubber and you’re glue” might have been a valid defense in kindergarten, but higher educational institutions across the country are quickly finding that claims of defamation are no longer quite so easily dismissed. Recent cases here in Pennsylvania, including one against Duquesne University School of Law by a professor, and defamation claims arising out of Title IX investigations and hearings at Bucknell University, bring to the forefront a growing trend of defamation claims in disputes involving universities.
This article explores the current legal landscape of defamation claims against higher education institutions. It will use recent cases of defamation involving universities as illustrative examples, and will close with a discussion on institutional best practices for universities to avoid or defend against defamation claims.
Defining Defamation
Defamation refers to untrue statements that tend to harm another person’s reputation. The statement generally has to be of a factual nature. For example, calling someone a four-letter word is not defamation. However, to the extent that it is not true, saying that you know someone is a four-letter word because you saw their tax return demonstrating they steal money from a charity and are engaging in blatant tax fraud is defamatory.
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