Law Schools

Law Professor Alleges She Was Harassed By Student -- And School Didn't Do Enough About It

The law professor alleges she suffers from PTSD as a result.

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1024px-Appalachian_School_of_Law,_Grundy_VirginiaHillary Lynne Burgess was a visiting assistant law professor at Appalachian Law School for the 2015-16 academic year. According to a lawsuit filed last week, she alleges, inter alia, that she was subjected to harassment and bullying from a student and the law school violated Title IX procedures in dealing with the situation.

According to the complaint, the student, identified only as John Doe, was repeatedly rude and interrupted Burgess as she was teaching. The lawsuit also alleges that on one occasion Burgess asked Doe to leave her classroom and he told other students, “No woman will ever tell me when I can and can’t talk,” and “I will ruin her.”

The suit alleges that Doe’s conduct escalated, and Burgess feared for her safety when Doe repeatedly referenced the guns he owned. Additionally, the conduct allegedly spread to other members of the law school community, as reported by Law.com:

Burgess said she complained numerous times to administrators throughout the year about Doe’s behavior, but no action was taken until April, when the school agreed to post security outside her classroom, but failed to follow through, according to the complaint. That same month, Burgess claims a law school staff member told her that Doe had raped her, and that Burgess discovered Doe had also groped and sexually battered other law students.

One of Doe’s classmates also committed suicide in April, and Burgess alleges that she had witnessed Doe bullying the classmate, further fueling her safety concerns.

Burgess alleges the school’s ineffective handling of the situation violated Title IX:

“[Appalachian] failed to take immediate, effective remedial steps to resolve professor Burgess’ complaints of discrimination and harassment and, instead, retaliated against her for making these complaints by acting with deliberate indifference toward professor Burgess and her legitimate complaints,” reads the complaint, which also names interim law dean Sandra Keen McGlothlin, director Patricia Deel and Title IX coordinator Jina Sauls as defendants.

The law school’s Title IX investigation found Doe was not responsible for a Title IX violation against Burgess, but he was for actions against other students. Doe appealed and the decision was reversed.

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Burgess alleges she suffers PTSD, hair loss, anxiety, panic attacks as a result of her experiences at the law school.

Law Student’s Harassment and Bullying Ran Amok, Claims Professor’s Suit [Law.com]
Law prof’s suit says she suffered PTSD because her school failed to stop harassment by student [ABA Journal]

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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