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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Is what the ambassador of the university (the ) states in s

Customer Question

Is what the ambassador of the university (the dean) states in his findings acceptable. He stated in the document that I am sensitive to being called a prostitute while I claim that most women would find that offensive. He defamed my profession (advertising) and me. He spoke it, others were in the room (all male) and typed it in a public forum. Does the previous writeup not provide enough context? My union says that we have a good case against the university b/c the dean did not due his due diligence and that the colleague wasn't really at fault b/c he was "joking." My argument is that you can't continually offend people and call it a "joke" to get out of any accountability. I was humiliated. he has done more. much more. The retailitory aspect is most concerning to me. Just looking at outside opinions.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.


This is Samuel. I am sorry you are experiencing this defamation. I suggest your union is correct. If you indeed are not a prostitute then it would be very difficult for the other party to prove you are. And defamation occurs when someone tells a deliberate untruth about someone in an effort to harm their reputation.

I suggest you have a right to sue him and the university. I agree with your union.

Expert:  Samuel II replied 1 year ago.

In addition to the defamation, you could also have a sexual harassment case.

Customer: replied 1 year ago.
Thank you Samuel II. I am indeed NOT a prostitute. I am a professor that teaches advertising. The person who called me a prostitute "does not believe in the complicity of my field in the manipulation of contemporary culture by powerful corporations," i.e. prostitution. Thank you for your help. Know any good lawyers willing to take on a university for condoning this behavior? I am serious. He spoke it verbally, he wrote it and projected it for the whole department to see. It was humiliating for me, the only female that specializes in advertising.
Expert:  Samuel II replied 1 year ago.

You're welcome. Won't your union assist you with legal representation?

Customer: replied 1 year ago.
The union is trying to decide if the dean violated any contract issues. If yes, they will step in. If no contract issues are violated they are deciding if they will pay for lawyer for me to move forward with how does one find a great lawyer willing to take on a university system of lawyers?
Expert:  Samuel II replied 1 year ago.

Ok. Thank you. I suggest you should ask friends and family for referrals, but you also can contact the NH Bar Association for a legal referral service and request a civil litigation attorney

Expert:  Samuel II replied 1 year ago.

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Expert:  Samuel II replied 1 year ago.

Tell them you would like a list of civil litigation attorneys who deal with defamation of character. They can give you 3 or 4 names and you can call and get a consultation time.

Expert:  Samuel II replied 1 year ago.

And they don't have to be in your county. They can be in the county over - they have to be licensed in state but you can seek out of county if you feel a very local attorney may not want to get involved.

Customer: replied 1 year ago.
Ok. Good information. The union is filing a grievance against the school and their decision. The basis was "Again and again his behavior was found to be the result of "poor judgment" on his part.At what point does the college stop saying it was poor judgment and speak directly to his character?While I think his "prostitution" comment would have been received differently by a male colleague, that's EXACTLY the point. It is not okay - ever - to encourage a culture of misogyny.He didn't use the term "escorting." He used the term "prostitution." He clearly used it in a derogatory manner with a term that is female-focused.I can understand how the rest of what was described in the memo would have felt attacking to you in nature, and I want to know why it took over two years for this to be resolved.You mentioned that you tried, again and again, to bring this to higher ups, and it wasn't addressed. What the hell is up with that?"
Expert:  Samuel II replied 1 year ago.

I suggest, if they have had other complaints, and they did nothing about him - for instance, sending him to sensitivity awareness classes or even suspension and then termination, then they are responsible. So the key here is the prior complaints either by you or others.

Expert:  Samuel II replied 1 year ago.

If you made other complaints, you have the proof to show that the "higher ups" just turned a blind eye to his sexual harassment.

Expert:  Samuel II replied 1 year ago.

Your attorney will be able to request and secure any and all other complaints made against this guy. And if there are others will be able to show the University just did absolutely nothing. And that makes them responsible.

Customer: replied 1 year ago.
Another woman went to title IV personal and they did nothing. I went and they said they would investigate student side and they didn't interview one student.
Expert:  Samuel II replied 1 year ago.

There you go. That should be very beneficial for your case to show the University turned their back to the sexual harassment.

Expert:  Samuel II replied 1 year ago.

Employers, once notified must take action on these type of allegations.

Customer: replied 1 year ago.
They want me to have a mediation in a room with him so I can tell him why I'm upset. Can they do that? An advisor said "I don't think you should have to have a mediated conversation with him, though. That's like putting a rapist in a room with the victim and expecting the victim to tell him why she doesn't want to be raped, you know? (That's extreme, but you get my point)."
Expert:  Samuel II replied 1 year ago.

That is up to your Union policy. If they have agreed that mediation would be a first step, yes. But if not, no. You are not mandated to do that.

Expert:  Samuel II replied 1 year ago.

So talk to your Union rep. If you decide to mediate, I suggest you have an attorney with you.

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