A defense of Schill and Gragg

[Bwm57]

Michael Schill is a brilliant man. He knew the ramifications (as you mentioned he’s an Ivy League trained lawyer).

He made a big mistake not handing out more significant punishment up front to Fitz, but has done everything he’s needed to since then. Once the firestorm started and Northwestern was being showcased on national news networks for this stuff he had no choice but to change course and fire Fitz.

After details of the report came out every day longer Pat Fitzgerald was employed would be more costly to the university than whatever settlement they reach in court.

Think about it. The next time Fitz would have spoken publicly as HC of Northwestern it would have been an absolute circus. Every major media outlet in the US would be there asking uncomfortable questions. Would have been a complete embarrassment to Northwestern. Michael Schill saved the university.

Michael Schill and Derrick Gragg are the two men we have to trust and believe in. Instead of being mean to them. Support them.

Signed, Michael Schill

 

[peatymeanis]

Hard to say there wasn't actual malice the way things were done., Including the statement that the termination was for cause. Wrongful termination gets him money owed but there was also that they intentionally destroyed both his reputation and future earning potential.

Can you define actual malice for the class?

 

[rwhitney014]

Can you define actual malice for the class?

When the plaintiff can prove that the defendant made the defamatory statement "with knowledge that it was false or with reckless disregard of whether it was false or not,” by a clear and convincing evidence standard rather than the usual preponderance of the evidence standard in civil cases. NYT v. Sullivan.

“Hard to say there wasn’t actual malice” is not, again, how this works.

 

[7th Cir. Cat]

The really bizarre thing is that Schill is a lawyer. It's hard to believe that he wouldn't involve NUs GC in a decision like this.

Great point and he’s not just a random lawyer either. He was the Dean of U Chicago’s law school.

 

[corbi296]

Michael Schill is a brilliant man. He knew the ramifications (as you mentioned he’s an Ivy League trained lawyer).

He made a big mistake not handing out more significant punishment up front to Fitz, but has done everything he’s needed to since then. Once the firestorm started and Northwestern was being showcased on national news networks for this stuff he had no choice but to change course and fire Fitz.

After details of the report came out every day longer Pat Fitzgerald was employed would be more costly to the university than whatever settlement they reach in court.

Think about it. The next time Fitz would have spoken publicly as HC of Northwestern it would have been an absolute circus. Every major media outlet in the US would be there asking uncomfortable questions. Would have been a complete embarrassment to Northwestern. Michael Schill saved the university.

Michael Schill and Derrick Gragg are the two men we have to trust and believe in. Instead of being mean to them. Support them.

I think we've found Schill's burner account.

 

[Colonel Kong]

When the plaintiff can prove that the defendant made the defamatory statement "with knowledge that it was false or with reckless disregard of whether it was false or not,” by a clear and convincing evidence standard rather than the usual preponderance of the evidence standard in civil cases. NYT v. Sullivan.

“Hard to say there wasn’t actual malice” is not, again, how this works.

You are obviously an attorney and rational observer of this. I found something interesting in Webb's remarks. He didn't specifically address wrongful termination, but did make a breach of contract claim - that the oral "agreement" regarding the 2 week suspension was contractual under Illinois law. Wonder if that's the path they want to follow - straight BOC. May be cleaner and could limit some embarrassing discovery.

 

[rwhitney014]

You are obviously an attorney and rational observer of this. I found something interesting in Webb's remarks. He didn't specifically address wrongful termination, but did make a breach of contract claim - that the oral "agreement" regarding the 2 week suspension was contractual under Illinois law. Wonder if that's the path they want to follow - straight BOC. May be cleaner and could limit some embarrassing discovery.

I would not be surprised if both the Fitz "employment claims" and the Crump "class action" claims are settled before too long. But it will cost NU a pretty penny, thanks in no small part to Schill's backtracking and errant statements.

 

[Colonel Kong]

I would not be surprised if both the Fitz "employment claims" and the Crump "class action" claims are settled before too long. But it will cost NU a pretty penny, thanks in no small part to Schill's backtracking and errant statements.

Yeah, I took the breach of contract talk to be aimed at setting the bar at paying off whatever is left on his 10 year deal. If I was NU, I would not just fold up though, they likely do have some grounds for termination. I don't think "I had no idea" is much of a position on a wrongful termination claim. The breach of the oral agreement claim may hold water if no new evidence came to light, though I don't know Illinois law.

 

[Hungry Jack]

Michael Schill is a brilliant man. He knew the ramifications (as you mentioned he’s an Ivy League trained lawyer).

He made a big mistake not handing out more significant punishment up front to Fitz, but has done everything he’s needed to since then. Once the firestorm started and Northwestern was being showcased on national news networks for this stuff he had no choice but to change course and fire Fitz.

After details of the report came out every day longer Pat Fitzgerald was employed would be more costly to the university than whatever settlement they reach in court.

Think about it. The next time Fitz would have spoken publicly as HC of Northwestern it would have been an absolute circus. Every major media outlet in the US would be there asking uncomfortable questions. Would have been a complete embarrassment to Northwestern. Michael Schill saved the university.

Michael Schill and Derrick Gragg are the two men we have to trust and believe in. Instead of being mean to them. Support them.

I will support them by helping them find new jobs.

 

[rwhitney014]

Yeah, I took the breach of contract talk to be aimed at setting the bar at paying off whatever is left on his 10 year deal. If I was NU, I would not just fold up though, they likely do have some grounds for termination. I don't think "I had no idea" is much of a position on a wrongful termination claim. The breach of the oral agreement claim may hold water if no new evidence came to light, though I don't know Illinois law.

Unless Schill became aware of new and material facts in the interim 72 hours between “two-week suspension” and “terminated for cause,” I’d be leery of taking it to trial if I were NU. Mean tweets probably are not the best thing to rely on. Not my area of expertise, though, so perhaps someone who knows better can weigh in.

 

[StreamCat]

I will support them by helping them find new jobs.

Where? At Hungry Jack’sTM?