Author: JGL Law

As part of its Title IX Abuse and Discrimination practice, Joseph, Greenwald & Laake’s Principal Erika Jacobsen White and Senior Counsel Drew LaFramboise are representing “Jane Doe” in her suit against Liberty University.

On April 27, 2021, Plaintiff Jane Doe, a Liberty University student, was brutally raped and sexually assaulted by a fellow Liberty student on the premises of an off-campus student housing complex called The Oasis. Liberty University received prompt notice of the rape and assault but failed to provide Plaintiff with services or reasonable accommodations required under Title IX of the Education Amendments of 1972, the Rehabilitation Act, and other laws as described in the Complaint.

The Complaint was filed on April 27, 2022, in the U.S. District Court for the Western District of Virginia, to hold Liberty University accountable for failing to investigate Jane Doe’s report of a violent student-on-student sexual assault and rape, refusing to provide accommodations for her emotional, physical, psychological suffering that resulted from the assault, and retaliating and discriminating against her in the wake of the assault.

Click here for more information.

Recent news coverage on this issue is below.

The Daily Beast, April 29, 2022: Feds Turn Up at Liberty U to Probe Handling of Sex Assault Reports (thedailybeast.com)

WFXR TV, April 29, 2022: Sen. Kaine, Roanoke attorney discuss Title IX amid misconduct reports at Liberty University (wfxrtv.com)

ProPublica, April 29, 2022: Liberty University’s Handling of Sexual Assaults Under Investigation by Department of Education — ProPublica

The Hill, April 28, 2022: Liberty University sued for allegedly failing to investigate student assault | The Hill

University Business, April 28, 2022: Liberty University facing another claim it mishandled report of sexual assault | (universitybusiness.com)

Stars And Stripes, April 28, 2022: New plaintiff claims Liberty University mishandled sexual assault report | Stars and Stripes

The Roys Report, April 28, 2022: New Lawsuit Accuses Liberty U of Retaliating Against Rape Victim (julieroys.com)

The New Yorker, April 27, 2022: https://www.newyorker.com/news/annals-of-education/can-liberty-university-be-saved

Washington Post, April 27, 2022: New plaintiff claims Liberty University mishandled sexual assault report

WSET, April 27, 2022: https://wset.com/news/abc13-investigates/liberty-university-lu-sued-student-violated-title-ix-laws-april-27-2022-2021-rape-sexual-assault

WSLS, April 27, 2022: https://www.wsls.com/news/local/2022/04/27/liberty-university-sued-over-alleged-failure-to-investigate-reported-rape/

WAVY, April 27, 2022: https://www.wavy.com/news/virginia/another-jane-doe-sues-liberty-unviersity-claims-rape-sexual-assault-ignored/

Axios, April 27, 2022: https://www.axios.com/liberty-university-lawsuit-alleges-sex-assault-claims-mishandled-263f0529-c8dd-49e0-acdf-24565271e4f9.html

For media and press inquiries contact: media@jgllaw.com 

GREENBELT, Md., April 27, 2022 – Today Joseph, Greenwald & Laake, P.A., filed a Complaint in the U.S. District Court for the Western District of Virginia (PDF) to hold Liberty University accountable for failing to investigate its client Jane Doe’s report of a violent student-on-student sexual assault and rape, refusing to provide accommodations for her emotional, physical, psychological suffering that resulted from the assault, and retaliating and discriminating against her in the wake of the assault.

The Complaint alleges that on April 27, 2021, Jane Doe, then a Liberty University student, was brutally raped and sexually assaulted by a fellow Liberty student at an off-campus student apartment building called The Oasis. Liberty University received prompt notice of the rape and assault but failed to provide Jane Doe with services, protection, and accommodations required under Title IX law. 

According to the lawsuit, despite their knowledge of the incident, Liberty failed to take any action or protective measures in response. Instead, Liberty systematically demonstrated deliberate indifference, retaliated against Jane Doe, and perpetuated the sexually hostile and dangerous environment on and around campus. 

As a result of Liberty’s conduct, Jane Doe was deeply harmed, suffering significant damages. Her academic standing suffered, she was ostracized from the university community, accused by the administration of violating the “Liberty Way” (Liberty’s code of student conduct), lived in regular fear of encountering her assailant on and around campus, and dealt with daily mental, emotional, and psychological trauma. Ultimately, Jane Doe was forced out of Liberty University.

Erika Jacobsen White, Principal at Joseph Greenwald & Laake and counsel for Jane Doe explained, “Liberty’s treatment of Jane Doe is emblematic of the kinds of institutional barriers that sexual assault survivors regularly face in getting justice. Rather than immediately taking steps to protect our client, Liberty engaged in a pattern of retaliation that included failing to provide her with any reasonable accommodations at all in order as she was recovering from the trauma that she endured from being raped. Instead of ensuring Jane Doe’s safety, Liberty engaged in classic victim-blaming, compounding her trauma,”

Ms. Jacobsen White continued: “Following her complaints, Liberty failed to take any meaningful steps to keep Jane Doe’s assailant away from her, allowed him to continue to harass her on campus – even being assigned to the same housing as Jane Doe where she was raped – and then systematically targeted our client for allegedly violating the “Liberty Way” for associating with other students who were allegedly drinking. This kind of institutional discrimination, harassment, and retaliation is designed to silence victims and perpetuates a toxic culture of oppression.”

As noted by Drew LaFramboise, Senior Counsel at Joseph, Greenwald & Laake, “Today’s action unfortunately follows a number of other lawsuits alleging Liberty’s Title IX violations in handling sexual assault and harassment claims by students or former students. Liberty has knowingly created and fostered a culture where sexual violence is ignored or swept under the rug, and far too many students have suffered as a result. Students should not be afraid for their safety or fear their school’s response to reports of sexual assault. This suit seeks justice for our client, and we hope it will compel Liberty to make institutional changes to protect survivors of sexual assault.” 

The Complaint outlines the details of the case and the Title IX claims, negligence claims, and disability discrimination claims against the defendants: Liberty University, the student assailant, and the companies that owned and operated the off-campus housing where the attack occurred.

To learn more about Joseph, Greenwald & Laake’s Title IX practice, click here.

Media Contact: Lauren Smith, MBA | media@jgllaw.com | (202) 656-1774

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About Joseph, Greenwald & Laake

Joseph, Greenwald & Laake, P.A., is one of the most trusted law firms serving Washington, DC, and the suburban Maryland area. For more than 50 years, our law firm has represented a variety of clients, including individuals, small businesses and multimillion-dollar corporations. From simple to complex legal needs, our law firm is prepared to deliver strategic solutions with high standards. Call or e-mail us at Joseph, Greenwald & Laake, P.A. to schedule a consultation with an experienced attorney. We offer reliable counsel on what your rights and responsibilities are and on how to proceed.

On April 25, 2022, the Fourth Circuit in Coady v. Nationwide Motor Sales Corp. agreed with Joseph Greenwald and Laake’s client Michael Coady that a car dealership’s arbitration agreement was invalid.

The underlying case concerned current and former salespeople who allege that Nationwide, a Timonium, Maryland dealership, failed to pay millions of dollars in commissions owed. The Fourth Circuit held that the employees can pursue their lawsuit in federal court by applying the long-standing principle in Maryland law that an employer cannot unilaterally change an arbitration agreement at any time.

This is an important decision because the waiver and the agreement, which allowed Nationwide to modify the agreement at any time without notice, were separate, and the Court rejected Nationwide’s argument that separating them made the agreement enforceable. In this respect, the Court recognized that drafters of arbitration agreements have to actually commit to arbitration and cannot have it both ways by waiting to see whether court or arbitration works out better. The case is now expected to move forward in Court.

Read more on The Daily Record coverage here. 

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Lindsay Parvis discusses the following issues and more:

1. Parent-child contact problems – resist/refuse 
2. Parents using the pandemic to restrict parenting time
3. Parent compromise & conflict over COVID-related parenting decisions

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Current or former car salespeople who allege a Timonium-based dealership cheated them out of more than $1 million in commissions can pursue their lawsuit in Federal Court.

JGL partner Brian J. Markovitz represents the plaintiffs who allege that costs for the card were falsely inflated in order to artificially reduce commissions.

Read More

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Edward Bortnick discusses the following points and more:

1. Situations where business evaluations are needed
2. How to avoid the pitfalls of the process
3. What standards does a business valuator follow

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Settled a complex alimony request for a woman who had been married for 20+ years and although highly educated had been a stay-at-home mother for some time.

When someone who works hard, lives paycheck to paycheck, gets thrown down temporarily – the system of workers’ compensation, established in 1914, gives him or her a fighting chance to get back on the road to recovery and gives them the opportunity to keep their family life on track. They do not have to expend great sums of money to sue a large corporation for an accident caused by faulty parts, bad maintenance or hazardous conditions.

Public safety employees injured in the line of duty need to know that they will be protected. Medical personnel and those working within our school system will have coverage. Supply chain workers, groundskeepers, food workers, construction workers, and all who are the backbone of our country, have a safety net.

What Types of Injured Workers’ Cases Are Considered Compensable?

The system, of no fault coverage, allows certain defined accidents or occupational diseases, subject to defenses by the employer, to be considered compensable. There are checks and balances. Cases are heard before a small group of specialized appointed Commissioners who are educated as to the law and know the community of lawyers that appear before them in administrative hearings. There is an appeal process to the circuit court. The most important thing for claimants to know is that there are time deadline for every type of claim, from accidents, to dependency death claims.  Failure to proceed in timely fashion could bar the claim for ever.

Although under the radar to many folks, the workers’ compensation machine is one the largest economic engines in the state, involving multi-million dollar allocations annually.

How Long Are My Medical Coverage Benefits Available in a Compensable Case?

Being an advocate for the disabled matters. The injured will know they have coverage. They will be able to have support and guidance – even if it’s for a little while. And they will know that medical bills from the accident will be covered and not bankrupt the family. Or we can help if they need some rehabilitation to re-enter the workforce or receive permanent partial payments to supplement a return to work. And for the worst cases, they will be able to receive permanent total protection and benefits. After a fatality, dependents are able to petition for dependency benefits.

How Do I Handle a Preexisting Condition in Maryland?

We have a fund in Maryland established for employees injured while working for uninsured employers, as well as a fund to capture preexisting injuries so that employers are not concerned about being liable for the preexisting injury if the combination of the preexisting condition and the accident related injury combined, reach a certain threshold.

Can I Sue Someone, at Fault, Who Was Not My Employer and File Workers’ Compensation?

When there is also a third party case involved, there are rules regarding liens and net recovery set offs that must be handled properly to protect the client. When we consult with our client, we advise of all benefits, and how the system of social security and retirement all interact. Without careful planning, one benefit might wipe out another!

Is It Legal to Terminate an Employee on Workers’ Compensation?

By law, one cannot be terminated for the filing of a workers’ compensation claim per se. However, Maryland is an at will State, and one might still get terminated if not under contract or union agreement that spells out the procedure for terminations, while under workers compensation.  Furthermore, if you are terminated and then want to file after, it may be seemed as a retaliatory filing. Its best to consult an attorney as soon as you get injured to plan a course of action ahead of time, before it’s too late.

There are also other programs like FMLA, that sometimes can run concurrently with the workers’ compensation that does protect your position.  Plan smart.

*Please NOTE this is all general information and not intended to be relied upon for legal advice.  Please request a consultation from our experienced attorneys at Joseph, Greenwald & Laake, P.A. for your specific case facts.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Brian Markovitz discusses the following points and more: 

1. What is an Employment Contract?
2. Are you in a Union?
3. Who can be fired and why?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph Greenwald and Laake PA civil rights lawyers Jay P. Holland and Erika Jacobsen White represent Officer Mark Miles in his claims of racism against the Maryland-National Capital Park Police.

Sergeant Stephanie Harvey, and other white officers on his squad repeatedly made racist, hateful, and offensive comments with impunity, which Defendant Harvey encouraged and participated in. Defendant Harvey referred to Officer Miles as “half-colored,” and stated, “They want a race war…ok lets go. Miles ur on our side…at least half of u is!” Defendant Harvey stated about a race war, “Im ready. I need more ammo though[,]” and in reference to her own conduct stating, “[D]on’t turn these texts over to [Internal Affairs] and get me fired for hate speech!”

Media Coverage:

Atlanta Black Star:

‘Did Nothing Wrong Other Than Walking Through a Park’: Maryland Cop Pulls Taser and Gun, Pepper Sprays Black Embassy Officer In Uniform Before Arresting Him for Impersonation (atlantablackstar.com)

Washington Post: 

https://www.washingtonpost.com/dc-md-va/2022/03/17/maryland-police-racial-harassment-lawsuit/

CNN

https://www.cnn.com/2022/03/17/us/maryland-park-police-lawsuit/index.html

WTOP news

https://wtop.com/maryland/2022/03/lawsuit-claims-md-park-police-force-has-toxic-and-racist-culture/

New York Times

https://www.nytimes.com/2022/03/16/us/black-lives-matter-montgomery-police.html

The Daily Record

https://thedailyrecord.com/2022/03/14/lawsuit-md-park-police-exchanged-racist-extremist-text-messages/

For media and press inquiries contact: news@jgllaw.com 

Family businesses can become a bit complicated when looking into how labor laws apply to them. It can be tempting to take a more relaxed approach when employing family members, but skirting the line of legality can blur the boundaries for your non-familial employees as well. To avoid becoming entangled in any legal trouble, you are better off following the rules to the letter.

Joseph, Greenwald, and Laake, PA can give you the resources to keep your family’s business protected and out of trouble, and to do so you need to know what the law requires.

What the Law Permits

Family businesses are allowed to employ relatives under the age of 18, but the Fair Labor Standards Act puts certain requirements in place to ensure children are working in safe conditions, and that their education or social life is not being compromised. Family employees under the age of 18 are put into three classifications: under 14, 14-15-year-olds, and employees that are 16 to 17 years of age. These groupings help the government more effectively establish legislation for each age group.

In the state of Maryland, minors under the age of 14 are typically not permitted to work, but an exception is made if it is a family business. To ensure no minors work beyond a reasonable capacity, different age groupings have their own restrictions for the number of hours they are allowed to work per day or week:

• Minors in the under 14 group, and the 14-15 group, can work up to 40 hours a week when school is not in session, but cannot exceed 18 hours per week during the school year.
• The regulations for the 16-17 age group are not as strict, allowing minors to commit to no more than 12 hours of a combination of work and school per day, and must be allowed at least 8 consecutive hours of non-work, non-school, time in a 24-hour period.

Just as the federal and state governments can place regulations on the number of hours children work, they also restrict what jobs they can work. Any job that involves dangerous equipment, hazardous tools, and access to materials that can cause harm is prohibited for child employees. If the business is a family restaurant, for example, children should be kept away from deep fryers, knives, and any stove equipment.

State officials may pay routine visits to ensure that safe practices are being followed and regulations are not being encroached upon. In the case that anything is found amiss during one of these inspections, your best defense is having good legal representation.

JGL Will Defend You like You’re Family

With decades of experience under our belts, Joseph Greenwald and Lake PA can help create a defense for your case to get you to the best outcome possible. If your family business has any questions about legal requirements or is involved in litigation, schedule a consultation now or call us at 301-220-2200 to find out more about your options.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we welcome Rick Rudman back. He answers the following questions and more:

1. How to get the best price and fast sale 
2. How to speed up the home improvement process
3. How to get the benefit of maximum home profit 

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.