"Nicole Eramo, the school’s associate dean of students, filed the suit in Charlottesville. It says that Eramo was cast in the article as “the villain.” The suit lists Rolling Stone, writer Sabrina Rubin Erdely and Wenner Media, which publishes the magazine, as defendants.
“I am filing this defamation lawsuit to set the record straight — and to hold the magazine and the author of the article accountable for their actions in a way they have refused to do themselves,” Eramo said in a statement provided by her lawyer. "
The University is supporting her in this “private legal action.”
I am not defending Rolling Stone, however, I thought that what really damaged Dean Eramo’s reputation was the video, and the words out of her own mouth. Saying that even if a student admits to a rape that he will not be expelled because it shows that he has learned from his mistake, is a disgrace, in my opinion, regardless of the accuracy of the article.
The school hasn’t expelled anybody for 10 years for sexual assault. That is as far back as the records go. This is according to a UVA spokesman who talks to the public for a living. That is absurd. That video made the dean look bad. The dean’s own words made her look bad.
It’s notable that she’s suing Erdely and Jann Wenner’s publishing company as well as Rolling Stone itself. I think this is the first time that we learned that Eramo persuaded Jackie to go to the police and in fact joined her at two meetings with police detectives.
What the complaint doesn’t clarify is what Jackie actually told Eramo and how UVA investigated that information, even though Jackie was unwilling to file an official complaint with the university or the police. Possibly since Jackie didn’t provide names or places the university’s hands were tied, but I think this raises questions about the university’s responsibility to take action when there is no official accuser.
To me the worst allegations in the complaint points are what happened after the article was published. Even after Erdely and Rolling Stone began to have doubts about the accuracy of their story, they chose to double down, in interviews, in social media and in their lawyers’ communication with UVA.
Even though it’s Eramo who’s suing, I think the lawsuit, if it goes to trial, will really represent the integrity of UVA as an institution. I hope that Allan Groves, the Dean whose comments and behavior at the UVA board meeting were misrepresented by Erdely, will file his own complaint.
Most likely Eramo’s comments in the video will be dissected at the trial. It will be interesting hear what she has to say. Indirectly this lawsuit will shine a light on UVA’s handling of prior sexual assault accusations and by extension how sexual assault accusations are handled by colleges in general.
Anyone have any insight as to whether publications like Rolling Stone have insurance against things like this that is likely to be valid?
Depending on the magazines resources, I can see a fight that would be absolutely vicious towards the UVa Dean, and one that she might ultimately not have the appetite to pursue past a reasonable settlement.
Yes. Rolling Stone will definitely have insurance. All major publishing organs do. Defamation law is fun. Usually the issue is whether the plaintiff has stated a sufficient basis fir malice which is required when you have a public figure like the Dean. But here it seems pretty clear to me she has.
What a sad state of affairs. I’m glad Eramo is suing and being supported by UVa. The text messages she received were just awful, just truly awful and in direct response to how she was portrayed.