Monday, June 20, 2016

Chronicle quotes Sokolow on high-profile cases

"Most cases that have been filed intersect around privilege," said Brett A. Sokolow, president of the Ncherm Group, a consulting and law firm that advises colleges on sex assault and other issues.

"Of the 170-plus cases that have been filed against colleges, almost all were filed by 1 percenters," he said, alluding to their affluence. Most students can’t afford to sue, just as most women who are attacked cannot afford legal representation.

While most Title IX challenges go nowhere, a case that proceeds with the right set of facts and finds a sympathetic judge could set an important precedent, Mr. Sokolow said.
"Once that first case is won," he predicted, "a tidal wave will follow."

Friday, June 17, 2016

Inside Higher Ed quotes Sokolow on college defense strategies

“While it is certainly victim blaming to assert that a victim’s own alcohol use and partying contributed to a sexual assault, and administrators should never take such a position, it would simply be actionable malpractice for a lawyer not to assert contributory or comparative negligence as a defense,” said Brett Sokolow, president and CEO of the National Center for Higher Education Risk Management. “It may be distasteful to assert such a defense, but college administrators, even if aware, would typically have little to no say in how the case is defended.” 


Monday, June 13, 2016

McCreary quoted on hazing law in the Chronicle


McCreary said the law carries the potential to change campus cultures around hazing.