It’s a fact of life—if you’re a big university, you’re gonna get sued. The Virginia Attorney General’s office currently has 48 open suits on the books for UVA. So how does the University separate the biggies from the nuisances, fight to win and look good doing it? Sheldon Steinbach, an attorney who’s been with the American Counsel on Higher Education for over three decades, shows you how.
First, don’t be ashamed to litigate. Steinbach says, “There was a period of time in which schools felt that being sued was somehow a badge of dishonor. That has now evolved into a realization that being sued and establishing an effective defense is part of 21st-century America.” So remember…when you’re a big university, it’s not uncouth to fight for your good name.
But you’d better call for backup. UVA’s permanent legal team, the Office of the General Counsel, consults on all the school’s legal matters. As a State school, UVA has the added help of the Virginia Attorney General’s office, which, according to spokesman J. Tucker Martin, acts essentially as UVA’s primary law firm. Schools can also hire outside muscle. That’ll teach ‘em to mess with the Old Dominion!
But while you’re fighting to the death, remember—don’t go further than your insurance limits. How much a university will spend to fight a suit, Steinbach says, “is determined by how far their insurance company wants to go in backing them.” No word on who UVA’s insurance company is, or what they’ll cover, but United Educators, an insurance company that provides coverage for more 900 colleges, covers “liability arising out of such activities as sports (intercollegiate, intramural and club), sale and use of alcohol, foreign study programs, above-ground pollution, and more” for up to $1 million per occurrence.
And, a little PR doesn’t hurt. “Sometimes the public relations impact of litigation will control whether you decide to appeal a case,” Steinbach says. “Looking at some cases over the last 20 or 30 years, schools tend to lose cases at the trial level where there is a sympathetic plaintiff and the college looks like they are the deep pocket.” Good rule of thumb—if a case makes you look like the bad guy, then settle, settle, settle.
Finally, stay away from pesky reporters. When handling a suit, “one keeps their case out of the press,” Steinbach says. Hmph…’nuff said.
Categories