Jim,

Best wishes on a successful conclusion.

Linda has already provided a great deal of wisdom (you might want to add 
her to your legal team), but
let me add one thing I've learned from workshops on
psychologist and litigation:

DOCUMENT EVERYTHING.

Document all incidents with the student, all steps your wife has taken
wife the student, etc etc etc.  The sooner the better.

Jim Guinee
Univ of Ctrl Ark

> Subject: Re: Help requested with an ugly legal issue
> From: Linda Woolf <[EMAIL PROTECTED]>
> 
> Dear Jim,
> 
> Some steps to consider checking out and hopefully others will jump in
> with additional helpful suggestions or thoughts.
> 
> 1. Do you have some sort of faculty handbook that includes the steps
> outlined for a student grievance as well as a faculty grievance against
> a student?  Check it out and see what avenues are available according to
> university policy.  Chances are no one will inform you of what your
> wife's rights are, and thus you will need to find this information out
> for yourself.  Someone within your faculty senate/council/etc. should
> have this information.  Barring this, check with AAUP.  Do you have a
> union?  They can also be helpful.
> 
> 2. Check to see what kinds of malpractice insurance policies are in
> place for faculty through the university.  I know at my university, we
> are each provided with two policies but they never advertise that fact. 
> This may include help with legal assistance.
> 
> 3. Know that part of the reason that they are advocating so vigorously
> for the student is because they are afraid of a lawsuit.  Also know that
> they are just as afraid of a lawsuit from an  employee.  Learn your
> rights and the resources available to you and use them or take legal
> action against the university if necessary (obviously a last step). This
> is particularly important if their actions are putting you and your
> family at risk.
> 
> 4. File a restraining order if the student is threatening.  The courts
> will not grant a restraining order for "retaliation."  This legitimizes
> your claim of harassment and also serves to provide a bit of protection
> for you and your family.
> 
> 5. Make sure that your legal case regarding the student includes the
> potential for reimbursement of legal fees from the student if the claim
> is found to be spurious.  Make sure the student is aware that this is a
> possibility.  Reimbursement of legal fees can occur either as part of
> any legal case the student may institute against you or later as a civil
> action.  
> 
> 6. Because of the dual relationship that has now been established
> between your wife and the student (a. litigants in a dispute and b.
> thesis advisor/student), your wife should "resign" as the student's
> thesis advisor.  Look to her professional organizations code of ethics
> (if one exists as it does for psychology) for an appropriate citation to
> include with the letter to the student and the university.  This removes
> your wife from the situation by making it a professionally mandated action.
> 
> 7. Reassure your wife (which I am sure you have) that while it is
> understandable that she is upset, she has no reason to feel embarrassed.
>  Unfortunately, too many of us tend to feel embarrassed or even ashamed
> when we are being victimized and this only further saps our ability to
> evaluate and handle situations effectively.
> 



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