Brett Sokolow stated
that he takes exception to the narrow characterization of his role in this
article. On Friday, on the front page of the NY Times, he defended the
actions of Hobart and William Smith Colleges in their well-publicized case. His
ability to vouch for Hobart and William Smith would mean nothing if he always
took the side of colleges. He’d be nothing more than a shill for them.
Because Brett’s firm takes cases for victims, cases for accused students
and cases for colleges, it has the ability to claim impartial expertise.
Anything less would neutralize the value of NCHERM Group consultants in
court as experts on Title IX. The fact is that The NCHERM Group rejects
most of the cases it is offered, so they aren't just guns for hire for anyone
who can pay. Instead, each case The NCHERM Group undertakes, no matter
what side it may be on, is based on a principled stand behind the client’s
position. Both the esteem in which The NCHERM Group is held and its
winning case record attest to the care in which it undertakes cases.
Further, while the article makes it seem odd that The NCHERM Group and
the White House are on the same page about the merits of the civil rights
investigation model, it was The NCHERM Group that suggested the idea to the
White House. The NCHERM Group has long been a champion of this approach
as the right solution to the problematic due process hearing panel model in
widespread use on college campuses to address sexual misconduct, and is pleased
that the White House sees the merits in this approach enough to commend it to
colleges and universities.
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