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Letter from Attorney Threatening Suit

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S

spaethg0

Guest
What is the name of your state? New Jersey (NJ)

I wrote a letter as follows:
June 29, 2004

Mr. X
College in New Jersey

Dear X,

Several complaints have come to my attention regarding the teaching styles of Ms. Y at College in New Jersey. Ms. Y is consistently condescending towards her students and more so when she has had come back from a bereavement and her ankle fractured. Striking me most is her ignorance to those students with learning disabilities. These young adults are at CNJ to improve their education and struggle doing so. However, she feels that the special circumstances or treatment they may receive are silly. By taking students aside and verbally telling them such comments as they are “too stupid to be in college” is a heinous act by anyone in the position of education. Ms. Y’s actions have gone on for years and it is time her violations of proper conduct are responded to accordingly.

Sincerely,

Me


Cc: Ms. Y, Assistant Professor

Cc: Vice-President of NJEA

Cc: Ms. Z, Morris County Council of Education Association

Also had the following email correspondence:

The students need to contact me directly. I will speak with each individually. Also, as these students are adults in college, I will not be able to discuss their comments with anyone but the students themselves.



-----Original Message-----
From: Me
Sent: Monday, July 12, 2004 1:06 PM
To: Important School Board Person
Subject: RE: Professor Y


I will see what can be done. For the safety of those students who might be taking her this summer, as well as in the fall, this might be a difficult task. I have written on behalf of several students who expressed great displeasure having her as a professor. I'll see if a gathering of these students can be made and we can schedule a meet.



Thank you,


Me
-----Original Message-----
From: Important College Person
Sent: Monday, July 12, 2004 12:28 PM
To: Gene Spaeth
Cc: Important People including Ms. Y
Subject: RE: Professor Y

Thank you for the information sent.



As chair of the English and Philosophy Department, I am the person these students should see. Please have them contact me.







-----Original Message-----
From: Me
Sent: Friday, July 09, 2004 10:18 PM
To: Important People at college
Cc: Subject: Professor Y

Pertaining to the letter received from Mr. X at College and carbon copied to those addressed, attached is my letter that was originally mailed, for your records. As requested, my complaint is now forwarded to the appropriate parties. Please let me know if I can be of any other assistance.

Thank you for your time in this important matter.

-Me

I received a letter from Ms. X's attorney advising they are in receipt of letters to high ranking officials at College. They write as follows.

"I am in receipt of your letters to high ranking officials of the College and others, which make scurrilous and false accusations against Professor Y. Without addressing each of them in detail, suffice it to say that each of your allegations of improper conduct or improper commentary by her to any of her students is absolutely false, and any contention to the contrary is completely meritless.

More serious than the unsupported allegations, however, is your method of communicating these falsehoods. I have been advised that you have absolutely no connection with the College, have never observed or interacted with Professor Y, and therefore are simply transmitting statements that anonymous third parties have made to you. Putting aside the inaccuracy of the false claims contained in your correspondence, this method of character assassination significally compounds the initial impropriety. Without providing anyone with the names of the individuals making these allegations, and the dates, times, and places which they occurred, Professor Y has absolutely no way to defend herself. It also leaves the College in an impossible situation, since it clearly cannot investigate claims which are apparantly statements made by anonymous third parties.

I suggest you have two alternatives. Either retract the statements because you have no personal knowledge of these false claims, or provide specific and detailed information regarding these allegations so that they might be legitamately aired and properly investigated pursuant to applicable procedures. In the absense of hearing from you within seven days of the date of this letter, Professor Y reserves the right to institute suit against you for libel and defamation, and will vigorously pursue all available remedies against you."

Now the background on this. I did receive word from two upset students who I am very close with. They want to keep anonymous, for fear from having this professor again, and from the school board. What action do you advise? Do they have a case?

Thank you.
 


A

adonahee

Guest
I suggest you do what it says....

Either a) retract the statements or b) bring your friends forward against their will so that you can move forward with a legal action. If you cannot back up your claims with factual evidence, then back off.
 
S

spaethg0

Guest
Response

I would like to back off and retract, but am now worried if I retract it implies what I said is a lie (and thus solidifies a case of libel?). I have prepared the following letter. Is this a reasonable response for the issue to be dropped and also maintain my statements were true? What should I change? Thank you so much!



You are correct in stating that anonymous third parties have passed along information to me. However, calling these statements I made, “inaccuracies,” is erroneous. Third parties have indeed passed information to me that I feel is completely valid as the students were quite distraught. I have known them for a length of time and trust what they have told me. Considering the students wish to maintain their anonymity, and I have not personally witnessed their described claims, I have no alternative but to withdraw all prior correspondences as they are without merit and cause an unfair situation between Ms. Y and the College.

I had no intentions whatsoever to defame Ms. Y. My intent was merely an attempt to bring to the attention of the school administration fair facts of actions that I felt were inappropriate behavior. Being that I was unfamiliar with the correct individuals to address, I did send my complaint to several parties and wish to retract those addressed.

With the above retraction/withdrawal of my prior correspondences, I consider this matter closed and hope there is no animosity between Ms. Y and me.
 
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